A.
Single- or two-family dwelling accessory uses.
(1)
Professional offices in residences.
(a)
The following professions shall be included within the scope of this section: doctors, dentists and optometrists. All other professions that fall within the definition of home occupation shall be covered by the regulations set forth in Subsection A(1).
(b)
Professional offices in dwellings shall comply with the following:
[1]
The office shall be limited to one professional who shall reside
on the premises and not more than two nonresident assistants.
[2]
The office shall be incidental and subordinate to the residential
use of the building and may not occupy more than 25% of the total
floor area of the principal building. No office shall be located in
an accessory building.
[3]
In no manner may the appearance of the building be altered or
may the office within the residence be conducted in a manner that
would cause the premises to lose its residential character, either
by use of colors, materials, construction, or lighting.
[4]
No professional office may create noise, dust, vibration, odor,
smoke, electrical interference, fire hazard, or any other nuisance
that is perceptible beyond the lot lines.
(3)
Detached garages.
(a)
Maximum height: 18 feet.
(b)
Maximum length: 30 feet.
(c)
Maximum width: 30 feet.
(d)
No temporary structures may be permitted.
(e)
No structure may be within 10 feet of any alley, street line,
right-of-way, publicly owned property, or adjacent building. For the
avoidance of any doubt, the requirement to maintain 10 feet of distance
from any alley, street line, right-of-way, publicly owned property
or adjacent building shall apply to all accessory structures.
[Amended 4-18-2023 by Ord. No. 492-2023]
(f)
No structure may be permitted between the building setback line
and the street line.
(g)
No structure may be located within five feet of the rear lot line where the rear lot line is contiguous with any alley, street line, right-of-way, publicly owned property, or adjacent building. Instead, in those cases the structure shall conform with § 525-55A(3)(e) above.
[Amended 4-18-2023 by Ord. No. 492-2023]
(h)
No structure may be located within four feet of the side yard
property line.
(i)
No detached garage may contain living accommodations.
(4)
Other outbuildings.
(a)
Maximum height: 10 feet.
(b)
No structure may be within five feet of any property line.
(c)
No structure may be permitted between the building front line
and the street line.
(d)
In no instance can the amount of lot coverage by the principal
building and outbuildings exceed the percentage specified for the
district in which the principal building is located.
(5)
Patios, paved terraces, decks.
(a)
No structure extending two feet above the ground level may be
constructed in any required
yard and may not be constructed in within five feet of any property
line.[1]
[1]
Editor's Note: Former Subsection A(5)(a), no structure may
have a width which exceeds 1/2 of the lot width measured at the building
setback line, which immediately preceded this subsection, was repealed 9-19-2023 by Ord. No. 506-2023. This ordinance also renumbered former Subsection A(5)(b)
and (c) as Subsection A(5)(a) and (b), respectively.
(b)
No impermeable surface may be constructed within five feet of
any property line, except for necessary driveways and walkways not
exceeding 48 inches in width.
(6)
Other accessory use controls.
(a)
No agriculture uses may be permitted except individual gardens
for home consumption. Such gardens may not be located between the
street line and the building setback line.
(b)
No activities may be permitted which create a public nuisance
or interfere with the use of adjacent residential lots.
(c)
Trash enclosures, shower enclosures.
[1]
Structures must be attached to the main structure legally on
premises.
[2]
Shower enclosures shall not exceed four feet by six feet in
size, six feet in height, shall have no roof or roof member and shall
not have a sanitary drain below grade.
[Amended 9-19-2023 by Ord. No. 506-2023]
[3]
Trash enclosures shall not exceed four feet by six feet in size
and four feet in height.
[4]
No structure shall be located between the building front and
the street line.
[5]
No structure shall be located within four feet of the side yard
property line or five feet of the rear yard property line.
B.
Multifamily dwelling accessory uses.
(1)
Permitted accessory uses in multifamily dwellings shall be restricted
to uses designed for residents of dwellings on the lot. They shall
be restricted to those uses specified in the following subsections
of these controls which, if provided, shall conform to the applicable
regulations.
(2)
Washing machines and dryers. No common area for such facilities may
exceed more than 1/4 of the floor area of any single floor. Area for
such purpose shall be properly ventilated and accessible.
(4)
Recreational room or lounge. All such facilities shall be located
in a room which is properly safeguarded for exclusive use of residents
and their guests and from use by persons not residing in the multifamily
dwelling.
(5)
Outdoor recreation.
(a)
Such facilities shall be limited to tennis courts, which are
completely surrounded by a fence 10 feet in height; barbecue or other
cookout facilities constructed of permanent material; yards which
are completely landscaped; garden areas for tenant use; playlots,
provided that facilities located in this area are surrounded by fencing
at least four feet in height, with benches for adults; facilities
for such games as shuffleboard, basketball or horseshoes, provided
that a paved surface is provided and that such facilities are located
at least 10 feet from any building.
(c)
All outdoor recreational facilities except yards and garden
areas may not be located within 10 feet of any lot line.
(d)
No outdoor facilities except yards may be located between the
building setback line and the street line.
C.
Other building accessory uses.
(1)
Garages shall be designed to conform to the main building and may
not be within the building setback line or front yard.
(2)
Recreational buildings may not be located within the building setback
line or front yard.
(3)
Storage area facilities shall be located in an area which has direct
access to a street or driveway. No such area may be located within
the setback line or front yard.
A.
Scope. The removal of natural resources including trees measuring
eight inches or more measured above the base or more than 100 cubic
feet of soil, sand, gravel or other natural fill from any site in
the City shall be prohibited, subject to the restrictions of this
section unless specifically permitted by the Planning Board.
B.
Site clearance. Sites to be built upon will be cleared of all debris,
vegetation, marsh grass and similar material prior to placing sand,
gravel, or other natural fill to bring the lots to grade and prepare
the land for the construction of improvements. Site clearance and
other preparation may not commence until all necessary use and construction
permits and approvals are secured.
A.
Visibility at intersections.
(1)
A clear sight triangle shall be provided at all street and driveway
intersections. Nothing shall be erected, placed or allowed to grow
in a manner which obscures vision above the height of 2 1/2 feet
and below 10 feet, measured from the center-line grade of intersecting
streets or driveways.
(2)
At street intersections, a clear-sight isosceles triangle shall be
established for a distance of 20 feet at each side of the point of
intersection of the street right-of-way lines.
(3)
At driveway intersections with streets, a clear-sight isosceles triangle
shall be established for a distance of 10 feet at each side of the
point of intersection with street right-of-way lines.
B.
Driveway regulations. No driveway may be constructed or maintained
which does not meet the following regulations:
(1)
Entrance to the street shall be at an angle of 75° to 150°
with the intersecting street.
(2)
The driveway shall be paved between the street line and the cartway.
(3)
All curb cuts shall be properly constructed to the satisfaction of
the Construction/Zoning Official.
(4)
The grade may not exceed 5% from cartway line to within 25 feet of
the street line.
(5)
Driveways shall have a minimum width of eight feet and a maximum
width of 20 feet in residential districts, excluding any parking space
or drive aisle.
(6)
All driveways and associated drive aisles or parking spaces shall
be constructed with adequate provisions for drainage.
(7)
No driveway, except for common driveways within five feet of any
property line, shall be constructed within three feet of any building
unless a raised curb is provided.
C.
Grading requirements. No cut shall exceed a ratio of 3:1 on any lot
unless satisfactory erosion controls approved by the Construction/Zoning
Official are employed or unless a retaining wall approved by the Construction/Zoning
Official is erected.
D.
Retaining walls. No retaining walls may be constructed without satisfactory
drainage provision or to a height exceeding two feet. A continuous
protection fence may be provided on top or within one foot of the
wall edge and may not be constructed within six inches of a property
line.
E.
Fencing.
(1)
No fence may be erected in the area between the street line and the
cartway line.
(2)
No fence may be erected within six inches of a property line if erected
by one property owner. If more than one property owner is involved,
the fence shall be erected on the separating property line, provided
both property owners agree in writing. A copy of such agreement shall
be furnished with application for building permit.
(3)
Solid fences or walls located in any required yard area may not exceed
four feet in height. Fences may be constructed to six feet in height
when located in the rear.
(4)
No fence may be constructed, in whole or in part, with barbed wire
or any similar material.
(5)
Notwithstanding the above requirements, a property owner or property
owners may construct an arbor along a permitted fence line subject
to the following requirements:
(a)
Not more than one arbor per property line - front, side and
rear yards. Additionally, not more than one arbor internally per lot.
(b)
No arbor will be permitted within a required sight triangle.
(c)
Arbors shall not exceed a maximum height of 12 feet, a maximum
width of eight feet, minimum clearances of eight feet in height and
three' feet in width (to provide clear passage through the arbor),
and a maximum 18 inches in depth (front to rear).
(d)
All arbors shall be properly constructed according to applicable
construction codes.
(e)
An arbor shall not be considered to be a fence for purposes
of this section. An "arbor" is defined as an open work structure constructed
of wood, metal or plastic and used to support vines, flowers or shrubs.
(6)
Additional
fence regulations applying to the R-4 Modified Medium-Density Residential
District for quads only. No fences or arbors are permitted.
[Added 12-15-2020 by Ord. No. 408-2020]
(7)
Additional
fence regulations applying to the R-4 Modified Medium-Density Residential
District for single-family detached dwellings and semidetached dwellings
only. Fences may not be constructed between the building front and
the street line. For corner lots, fences may be constructed in the
front yard on the minor street side only. Minor street shall be determined
as the shortest of the two street frontages of the entire block.
[Added 12-15-2020 by Ord. No. 408-2020]
F.
Motor vehicle sales. Motor vehicle sales, including the sale of recreation
vehicles, trailers and boats, with accessory repair facilities, are
subject to the following requirements:
(1)
Sales of used vehicles or boats shall be conducted only as an accessory
to the sale of new vehicles or boats.
(2)
Outdoor area lighting shall be limited to that generally required
for security purposes.
(3)
Entrance and exit driveways shall have an unrestricted width of not
less than 12 feet each way; shall not be located closer than 10 feet
to any property line; and shall be so laid out as to avoid the necessity
of any vehicle backing out into any public right-of-way.
(4)
Vehicle lifts or pits, dismantled vehicles, and all parts and supplies
shall be located within a building enclosed on all sides.
(5)
All services or repair of motor vehicles shall be in a building enclosed
on all sides. This requirement shall not be construed to mean that
the doors to any repair shop must be kept closed at all times.
G.
Automotive service station and automotive body repair shop.
(1)
Entrance and exit drives shall have unrestricted width of not less
than 12 feet each way and shall not be located closer than 20 feet
to any property line or 30 feet to any street intersection; and shall
be laid out so as to avoid the necessity for any vehicle to back out
onto a street.
(2)
Vehicle lifts or pits, dismantled vehicles and all pits and supplies
shall be stored within a fully enclosed building.
(3)
All service and repair of motor vehicles shall be conducted in a
building enclosed on all sides. This requirement shall not be construed
to mean that the doors to any repair shop must be closed at all times.
(4)
Gasoline and other flammable fluids in bulk must be stored underground,
not nearer than 10 feet to any other lot line.
(5)
All painting shall be done indoors.
A.
Creation of dangerous situation prohibited. No building, structure
or premises may be used, altered, or occupied in a manner as to create
any dangerous, injurious, noxious or otherwise objectionable fire,
explosive, radioactive or other hazard; noise or vibration; smoke,
dust, odor, or other form of air pollution; electrical or other disturbance;
glare; liquid or solid refuse or wastes; conditions conducive to the
breeding of rodents or insects; or other substance, condition or element,
in any manner or amount as to adversely affect the surrounding area.
B.
Fire and explosive hazards.
(1)
All activities and all storage of flammable and explosive material
at any location shall be provided with adequate safety devices against
the hazards of fire and explosion. Adequate fire-fighting and fire
suppression equipment and devices as specified by state or City codes
or by the Fire Inspector of the City shall be provided. All buildings,
structures and activities within such buildings shall conform to all
applicable fire regulations.
(2)
All uses shall conform to the following procedures regarding storage
and waste disposal:
(a)
No highly flammable or explosive liquids, solids, or gases may
be stored in bulk above ground, except tanks or drums of fuel directly
connecting with energy devices or other appliances, located and operated
on the same lot as the tanks or drums of fuel.
(b)
All outdoor storage facilities for fuel, raw materials, and
products; and all fuel, raw materials and products stored outdoors
shall be enclosed by an approved safety fence.
(c)
No materials or wastes may be deposited upon any 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 or watercourse and render it undesirable as a source of water
supply or recreation, or which will destroy aquatic life, be allowed
to be deposited on any lot.
(d)
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects may be stored outdoors only if enclosed in containers
which are adequate to eliminate such hazards.
C.
Radioactive or electrical disturbances. There may be no activities
which emit radioactivity at any point. There shall be no electrical
disturbance adversely affecting the operation at any point of any
equipment other than that of the creator of the disturbance.
D.
Smoke. There may be no emission at any point from chimney or otherwise
for longer than five minutes in any hour of visible gray or visible
smoke of any other color with a shade darker than No. 3 on the standard
Ringlemann Chart as issued by the United States Bureau of Mines.
E.
Smoke, ash, dust, fumes, vapor, gases, and other forms of air pollution.
There may be no emission at any point, from any chimney or otherwise,
which can cause any damage to health, to animals, vegetation, the
environment, or other property; or which cause any excessive soiling
at any point. Any use which produces or results in emissions of any
type shall conform to all applicable state and federal pollution control
standards.
F.
Liquid and solid wastes. There shall be no discharge at any point,
into any sewerage system, or stream or into the ground of any materials
in such a way or of such nature or temperature as can contaminate
or otherwise cause the emission of hazardous material, except in accord
with the standards of the New Jersey Department of Environmental Protection.
G.
Noise.[1] No use may create unreasonable noise audible to uses adjacent
to or in the surrounding areas. "Unreasonable noise" shall mean that
which is of a regular, daily, and constant nature, and either disturbs
the sleeping hours of residents and guests or hampers the business
or routine activities and uses in the adjacent and surrounding areas.
H.
Vibration. No use may produce unreasonable vibrations to adjacent
structures. Unreasonable vibrations are those that cause structures
to shake, articles to fall from tables and walls, and windows or wall
material to break or crack.
I.
Glare. No direct or sky-reflected glare, whether from floodlights
or from high temperature process, may be visible from adjoining public
streets or adjacent lots when viewed by a person standing on ground
level. Unreasonable glare would be that which produces a strong dazzling
light or reflection of such a light beyond its lot lines.
J.
Odor. There may be no emission of odorous gases or other odorous
matter in such quantities as to be offensive on adjoining streets
or adjacent lots.
K.
Heat. No use may produce heat perceptible beyond its lot lines.
L.
Refined or unrefined petroleum products.
(1)
The following uses are specifically prohibited:
(a)
The storage of crude oil, unrefined or refined petroleum hydrocarbon
products, and by-products and/or derivatives.
(b)
The installation and/or operation of any pipeline designed to
carry crude oil, refined or unrefined petroleum hydrocarbon products,
by-products and/or other derivatives.
(c)
The construction, maintenance and/or operation of any refinery
or other facility to process crude oil, refined or unrefined petroleum
hydrocarbon products, by-products and/or derivatives including unprocessed
or unrefined natural gas.
(d)
The loading, off-loading, pumping or any other form of transfer
of crude oil, refined or unrefined petroleum hydrocarbon products,
by-products and/or derivatives, including unprocessed or unrefined
natural gas to or from any boat, ship, tanker, barge or other floating
means of conveyance, dock, terminal, pipe, tank, vehicle, or any other
facility or equipment.
A.
Corner lot restrictions. The building setback line for a corner lot
shall be the same as required along the same street for the adjoining
lot. When a lot line abuts a street, it shall be treated as a front
yard in respect to setbacks. For determination of other yards, the
lot line opposite the smaller of the two or more lot lines coexistent
with the street lines shall be considered the rear yard, and all other
lot lines shall be considered side yards.
B.
Subdivision plan. Any proposed improvement which involves actual
or potential division of land shall be subject to the applicable subdivision
regulations of the City. The development of any lot or portion of
a site shall be according to those approved plans.
C.
Potential development. No proposed improvement may be constructed
in a manner which reduces or eliminates existing or potential access
for roads and utility easements to land which may be developed at
a future date.
D.
Height regulations.
(1)
Except in the R-4 Modified Medium-Density Residential District, the height limitation as set forth in this chapter shall not apply to church spires, belfries, domes, public towers, windmills, chimneys, smokestacks, flagpole masts, aerials, elevators, tanks or other projections neither intended nor used for human occupancy. In the R-4 District, the maximum height of the aforesaid items shall be governed exclusively by the provisions of § 525-17B(2) and shall not exceed 20 feet. In all other zoning districts, the maximum height of the aforesaid items shall be determined by the Planning Board in its site plan review or by the Zoning Board of Adjustment where applicable. However, chimneys and smokestacks may be of a height to meet the minimum height requirement of the New Jersey Uniform Construction Code (NJ UCC).
(2)
Heights shall be measured from the mean level of the crown of the
road (as determined by the City Engineer) or from elevation 10.00
(NAVD 88), whichever is greater. On sites which front on more than
one street, the mean level of the crown of the road shall be determined
by using the street which has the higher mean level of the crown.
[Amended 5-17-2022 by Ord. No. 456-2022]
(3)
The level of the lowest floor is to be not less than 9.5 (NAVD 88).
[Amended 5-17-2022 by Ord. No. 456-2022]
E.
Helicopter operations. No helicopter, helicopter landing pad, hell-supportive
equipment, or helicopter operations or routine landing activities
shall be allowed in the City except where FAA approved airport facilities
are available, or except in cases of emergency situations, routine
governmental activities, and disaster-related activities.
F.
PW Preserved wetlands.
(1)
Intent. It is the purpose and intent of this subsection to recognize
the fact that substantial portions of certain vacant lands within
the City contain wetlands that are preserved and protected by state
and federal laws. This recognition is important so that municipal
officials and personnel as well as property owners and citizens generally
are aware that preserved wetlands do exist in the City. It is the
specific intent of the City that all persons will take appropriate
action to assist in the preservation and protection of wetlands.
(2)
Boundaries of wetlands. Actual boundaries of preserved wetlands are subject to detailed surveying by property owners and authorized agencies pursuant to applicable state and federal laws. Boundary lines shown on the City of Cape May Zoning Map established by § 525-6 are graphic representations intended to indicate the approximate location of preserved wetlands, but shall not be relied on as precise delineations. Districts in which preserved wetlands are located shall be identified with a "PW" designation on the Zoning Map.
The following design standards are applicable to any plan for
development:
A.
Physical setting and building location.
(1)
The natural terrain and existing attractive features of the site
shall be incorporated into the development when possible.
(2)
Buildings shall not be physically located to unnecessarily concentrate
activity in one portion of the lot creating traffic congestion, stormwater
drainage, or other possible problems in supplying necessary utilities.
(3)
Except as otherwise specifically permitted pursuant to § 525-20, RC Residential Cluster, § 525-28, HO Harbor Overlay, or Subsection A(4), Average percent of front yard setbacks, and except for permitted accessory buildings, each building shall comply with all area and bulk requirements for the district in which it is located. Buildings must be designed as one structure.[1]
(4)
Average percent of front yard setbacks. In a block where 50 percent
of all lots that front on the same street as the subject lot have
been developed and have nonconforming front yard setbacks, a new or
existing structure may be constructed or expanded so as to provide
a front yard equal in depth to the average front yard of the existing
buildings of four lots that are contiguous to the property. The new
setback is to be no greater than 10 feet past the front of any adjacent
structures. Computation of the average front yards of contiguous lots
shall be performed in accordance with the following requirements:
[Amended 6-21-2005 by Ord. No. 37-2005; 6-16-2009 by Ord. No. 183-2009]
(a)
Computation shall be based upon the arithmetic mean distance
calculated for the four properties that are contiguous with the property,
on the same side of the street and in the same block as the property.
(b)
Porches and steps shall be included in the calculation of the
front yard setback.
(c)
Certification of the average front yard setback shall be provided
by a New Jersey licensed land surveyor.
B.
Access and traffic control. Driveways and street servicing uses permitted
by this chapter are subject to approval of the design as part of the
review by the Planning Board. No design may be approved which is likely
to create substantial traffic hazards endangering the public safety.
Safety requirements which may be imposed in such a review shall include
traffic control devices, acceleration or deceleration lanes, turning
lanes, traffic and land markings, and signs.
C.
Interior circulation. The interior circulation of traffic shall be subject to design review as in Subsection B, so that driveways or streets providing parking spaces shall be consistent with the flow of traffic. No driveway or street used for interior circulation shall have traffic lanes less than 10 feet in width. Areas for loading shall be separate from parking areas.
D.
Parking and paved areas. All pedestrian walks and parking areas shall
be paved with an all-weather surface in accordance with City building
regulations. Curbing shall be provided to separate parking areas,
streets and driveways. A parking lot which is accessory to a permitted
use and has a capacity of less than five vehicles may be allowed to
provide one of the following pavement surfaces: concrete strips with
stone or grass infill between the strips, concrete checker block,
brick pavers or crushed stone.
E.
Off-street parking design standards.
(1)
Parking spaces shall be clearly delineated by painted lines or markers.
(2)
Stalls shall be provided with bumper guards or wheel stops when necessary
for safety or protection to adjacent structures or landscaped area.
(3)
All vehicular entrances and exits to parking areas shall be clearly
designated for all conditions.[2]
[2]
Editor's Note: Former Subsection E(3), surface drainage will
be connected to the City's stormwater drainage system, which immediately
preceded this subsection, was repealed 9-19-2023 by Ord. No. 506-2023. This ordinance also renumbered former Subsection E(4) through (10)
as Subsection E(3) through (9), respectively.
(4)
Short-term visitor parking spaces shall be differentiated from long-term
employee spaces by suitable markings.
(5)
If spaces are used during evening hours, appropriate lighting shall
be provided.
(6)
All parking shall be located behind required building lines, except
in the case of one- and two-family dwellings where driveways may be
used for parking within the setback line.
(7)
Curb cuts required for off-street parking shall be limited to those
necessary for entrances and exits. In no instance may the curb cut
extend the full length of the parking area.
(9)
Landscaping in parking and loading areas shall be shown on the landscaping
plan. Trees shall be staggered and/or spaced so as not to interfere
with driver vision, have branches no lower than six feet, and placed
at the rate of at least one tree for every 20 parking spaces. All
areas between the parking area and the building shall be landscaped
with trees, shrubs and ground cover. Any plantings which do not live
shall be replaced within two years or two growing seasons. A majority
of the parking areas shall be obscured from streets by buildings,
landscaped berms, natural ground elevations, or plantings, singularly
or in combination.
F.
Lighting of parking area. All parking areas, driveways, and loading
areas shall be provided with a lighting system which shall furnish
a minimum of 1 1/2 footcandles at any point during hours of operation,
with lighting standards in parking areas being located not farther
than 100 feet apart, provided that, in residential zones and for residential
uses, a lighting system which shall furnish 0.05 footcandle shall
be utilized. All lighting shall be completely shielded from traffic
on any public right-of-way and from any residential district.
G.
Outdoor storage.
(1)
Outdoor storage of any type, including, without limitation, trash
dumpsters or similar containers for the collection of trash, garbage
or refuse, shall not be permitted unless storage is a part of the
normal operations conducted on the premises subject to design and
performance standards for the prevailing zoning district.
(2)
Any article or material stored temporarily outside an enclosed building
as an incidental part of the primary operation shall be so screened
by opaque ornamental fencing, walls, or evergreen planting that it
cannot be seen from adjoining public streets or adjacent lots when
viewed by a person standing on the ground level. All organic rubbish
or storage shall be contained in airtight, verminproof containers
which shall also be screened from public view. All such storage shall
be located behind the building setback line.
(3)
Any establishment which furnishes carts or mobile baskets as an adjunct
to shopping shall provide definite areas within the required parking
space areas for storage of carts. Each designed storage area shall
be clearly marked for storage of shopping carts.
H.
Screening.
(1)
A planted visual barrier, or landscape screen, shall be provided
and maintained by the owner or lessee of a property between any district
and contiguous residentially zoned district, except where natural
or physical man-made barriers exist or where separated by a public
right-of-way. This screen shall be composed of plants and trees arranged
to form both a low level and a high level screen. The high level screen
shall consist of trees planted with specimens no younger than three
years in age, and planted at intervals of not more than 10 feet. The
low level screen shall consist of shrubs or hedges planted at an initial
height of not less than two feet and spaced at intervals of not more
than five feet. The low level screen shall be placed in alternating
rows to produce a more effective barrier. All plants not surviving
three years after planting must be replaced.
(2)
Any existing business affected by these regulations at the time of
passage of this chapter shall not be required to comply with the above
screening requirements except in case of enlargement or major alteration
of such business.
I.
Landscaping.
(1)
Any part or portion of the site which is not used for buildings,
or other structures, loading or parking space and aisles, sidewalks
and designated storage areas shall be landscaped. Landscaping shall
be integrated into the building arrangement, topography, parking and
buffering requirements. Landscaping shall include trees, bushes, shrubs,
ground cover, perennials, annuals, plants, sculpture, art and the
use of building and paving materials in an imaginative and aesthetic
manner.
(2)
Regulations.
(a)
Natural topography and vegetation. The applicant shall use natural
topography and vegetation where possible. Large parking areas are
not to be stripped of vegetation without requiring reseeding or replanting
of all unpaved areas.
(b)
Saving of trees. Every attempt shall be made by the applicant
to save existing trees even at the loss of parking spaces. Clumps
of trees shall be saved over single trees. Care shall be taken by
the approving authority to properly evaluate site clearing proposals
recognizing that wild trees often do not survive when their habitat
is drastically altered. Where loss of trees is suggested, replacement
shall be required.
(c)
Slopes. Slopes in excess of 3:1 shall be avoided unless necessitated
by unusual site limitations. All slopes shall be stabilized in a manner
acceptable to the approving authority engineer.
(d)
Parking areas in front of buildings. Parking lots located in
front of buildings shall be landscaped to separate them from adjacent
roadways.
(e)
Screen areas and buffers. Tall dense screens are required along
Nonpenetrable side lines, rear property lines and where commercial
or industrial parking areas abut residences or residential zones.
Evergreens such as, but not limited to, white pine, Austrial pine,
Canadian hemlock, Servian spruce, Arborvitae, and upright yews may
be used, provided they meet specified height requirements.
(f)
Driveways. The areas adjacent to the driveways shall be planted
with low plants or grass. Appropriate low plants include, but are
not limited to, butterfly bush, Sargent juniper, inkberry, Japanese
barberry or shrubby cinquefoil.
(g)
Other required landscaping areas. Where a development plan indicates
raised walkways between opposing rows of cars, areas at the end of
bays, or where proposed or required by the approving authority, specific
planting islands are indicated, these areas shall be landscaped. Planting
strips may be as narrow as five feet, with a fifteen- to twenty-foot
width most desirable. All shall be raised and protected by permanent
concrete curbing. The applicant shall landscape 5% to 10% of the parking
areas provided.
(h)
Natural setting. In proposing a landscaping plan, an applicant
shall take care, and the approving authority in reviewing shall require,
that a natural setting consistent with prevailing community standards
be preserved. Recognizing that a major community asset lies in the
preservation of the natural condition of property, all efforts in
the area of landscaping shall be exercised to provide consistent landscaping
proposals with existing foliage.
(3)
Landscaping and vegetation plan.
(a)
Prior to the issuance of any construction permit for additions to any existing structure which increases the lot coverage in excess of 10% or the construction of a new dwelling unit or the removal of more than 40% of the vegetation covering of a lot, a landscaping and vegetation plan for the parcel in question must be submitted to and approved by the City of Cape May Construction/Zoning Official to ensure substantial compliance with the criteria and requirements set forth in this section, which landscaping and vegetation plan shall constitute the total of the unimproved site area, as regulated by the existing bulk regulations and incorporating the parameters of Subsection I (3)(d) hereafter.
(b)
The landscaping and vegetation plan must be either left in its
natural state or covered in vegetation. The utilization of natural
indigenous vegetation is encouraged.
(c)
The Construction/Zoning Official may require such information
as is reasonably necessary to enable him to make the determination
required under the provision of this chapter.
(d)
Trees.
[1]
All existing trees outside a building footprint having a three-inch
diameter trunk measured from three feet above the ground shall remain
if said trees are in excess of six feet from the outside of the exterior
wall of the proposed structure. In the event that an applicant wishes
to remove a tree or trees as above described, that applicant shall
then be required to plant two trees for each tree removed, which such
replacement trees shall be of at least two inches in diameter at three
feet above the ground at a location on the property to be chosen by
applicant.
[2]
In addition to the replacement of removed trees above described,
the applicant shall replace, at a location of his or her choice on
the property, any trees located within the footprint of the proposed
structure if said trees have a trunk at least three inches in diameter
measured at three feet above the ground according to the same formula
above. Therefore, in addition to the above-required replacement of
removed trees outside the proposed footprint, plus six feet, the applicant
shall plant one tree along the side yard and rear yard, which tree
shall be of the same size as the replacement tree above described
excepting that the applicant shall be permitted to plant two bushes
in lieu of a tree if said bushes are a minimum of two feet in diameter
and are classified by the Backyard Habitat for Birds, a Guide for
Landowners and Communities in New Jersey, published by the New Jersey
Audubon Society. This requirement is to make up for the replacement
of shrubs and is in addition to the requirement for replacement trees
above described where said trees are to replace removed trees from
outside the building envelope. However, the applicant shall not be
required to plant trees closer than 10 feet between the two, said
distance measured from center trunk to center trunk. The replacement
trees need not be of the same species as the trees removed; however,
they shall be of the same height classifications as the tree removed.
The guide to height classifications contained in the Backyard Habitat
for Birds shall be considered as sufficient evidence of compliance.
[3]
Landscaping and vegetation plan.
[Added 6-20-2006 by Ord.
No. 68-2006]
(e)
Except as otherwise herein provided, the landscaping and vegetation
plan shall retain as much of the natural vegetation as is possible.
(f)
Nothing herein is to be interpreted as indication that an applicant
is prohibited from planting additional trees, bushes, grasses or flowers.
(g)
Any existing improved lots with structures shall be allowed
to exist in their current state together with routine maintenance,
expansion, trimming, planting and replanting of vegetation.
(h)
In lieu of replacing bushes, vines and grasses, the applicant
shall plant or leave in place one tree at approximately twenty-foot
intervals along the side yard and rear yard, which trees shall be
at least two inches in diameter, or the applicant shall plant two
bushes of a minimum of two feet in diameter in lieu of every second
replacement tree. The requirements of this subsection are in addition
to other tree requirements.
(i)
In the case of the issuance of a construction permit for alteration
or construction, the property owner shall be required to plant any
new vegetation provided for by the landscaping and vegetation plan
within six months of the issuance of a certificate of occupancy for
such structure. In the case of the issuance of a permit only for the
removal of natural vegetation, the property owners will be required
to plant any new vegetation provided for by the landscaping and vegetation
plan within six months of the issuance of said permit.
(j)
Any property owner or person aggrieved by a determination of
the Construction/Zoning Official under the provisions of this chapter
may appeal to the City of Cape May Zoning Board of Adjustment; provided,
however, that said appeal is filed, in writing, within 45 days after
said property owner or person receives notice of the decision by the
Zoning/Construction Official.
J.
Exterior design.
(1)
The architectural design of motel, hotel, attached dwelling, multifamily
dwelling, commercial and industrial buildings shall be of a design
befitting the neighborhood in which construction will take place,
and shall be approved by the Planning Board.
(2)
Motel, hotel, attached dwelling, multifamily dwelling, commercial
and industrial buildings facing onto two or more rights-of-way facing
onto a residential use shall have uniform exterior architectural treatment
as approved by the Planning Board.
(3)
Within any residential district, no building with a permitted professional
office shall be constructed or altered so as to be inharmonious with
the residential character of the adjacent residential areas.
(4)
Attached dwellings shall be constructed so that building facades
are offset by architectural detailing resulting in at least a two-foot
change in the building plane not less than once every 24 feet. The
minimum width of attached dwellings shall be 24 feet, and no more
than six units shall be permitted in an unbroken row. No attached
dwelling building shall be less than 20 feet from any other attached
dwelling building.
(5)
Multifamily dwellings shall be constructed so that the predominant
plane of a building in any one direction shall not exceed 100 feet
without a ninety-degree change in the direction of the predominant
building plane for at least 35 feet. No multifamily dwelling building
shall be less than 25 feet from any other multifamily dwelling building.
K.
Laundry facilities. All motels, hotels and multifamily-dwelling apartment
buildings shall provide facilities for laundry and for drying of bathing
suits, and the space for drying such laundry and bathing suits shall
be suitably screened.
L.
Apartments over commercial uses. Apartments over commercial uses
shall be provided with separate entrances.
M.
Exterior mechanical systems. Exterior mechanical systems, including,
without limitation, central air-conditioner units and propane tanks,
shall be located no closer to any adjacent right-of way or street
line than the face of the primary structure and except where natural
or physical man-made barriers surround such system(s) shall be surrounded
by a planted visual barrier or landscaping screen. The face of the
primary structure shall not include sun parlors, foyers, bay windows,
porches, projecting eaves, dormers, gutters, steps, appurtenant structural
or mechanical systems or any other solid projections.
N.
Flood prevention. All tracts fully or partially located within areas of special flood hazard shall be subject to the provisions of Chapter 258, Flood Damage Prevention, as amended.
O.
Street trees. All land development devoid of major trees, along collector
streets of a development and along proposed roads and rights-of-way
where natural woods are not present and where, due to construction,
the entire right-of-way is cleared, the following provisions shall
apply:
(1)
Trees shall be planted along both sides of all streets at a distance
from the curbline as approved by the approving authority.
(2)
Street trees shall be planted at minimum intervals as follows, or
an equivalent number shall be planted in an informal arrangement.
|
Tree Size
(feet)
|
Planting Interval
(feet)
|
|---|---|
|
Large trees (40+)
|
50-70
|
|
Medium-sized trees (30-40)
|
40-50
|
|
Small trees (to 30)
|
30-40
|
(3)
At intersections when the spacing interval exceeds 40 feet, small
trees shall be spaced between the larger trees. Trees shall not be
located closer than 30 feet from the intersection of the street right-of-way
lines, except when the standards increase the distance for sight.
(4)
The caliper of the trees shall be two inches measured 12 inches above
the ground. The standing height shall be a minimum of 10 feet. All
trees shall be brought to the sight balled and burlapped or other
acceptable means, free from insects and disease and true to species
and variety.
(5)
Stripping trees or filling more than six inches around trees shall
not be permitted unless it can be shown that construction requirements
necessitate removal of trees, in which case those lots shall be replanted
with trees to reestablish the tone of the area and to conform to adjacent
lots.
(6)
Dead or dying trees which have been transplanted by virtue of the
requirements of this section shall be replaced by the developer during
the next recommended planting season.
(7)
There shall be a minimum of three deciduous shade trees, not including
street trees, per lot for all residential developments where the site
is devoid of trees or at the discretion and recommendation of the
approving authority when adequate shade or canopy has not been provided
naturally.
(8)
Street tree plans shall include a planting schedule which describes
the quantity, common name, botanical name, size, and comments for
each species.
(9)
Ornamental trees need not have straight trunks, but must conform
in other respects to the provisions for trees and tree plantings outlined
in this section.
(10)
Street tree plans shall include a graphic tree planting detail
which shall address the following:
(a)
The thinning of branches and foliage by 1/3. The leader shall
not be cut.
(b)
The staking of a deciduous tree by two stakes. The minimum size
of stakes shall be two by three inches.
(c)
The support of a tree shall be a double strand of No. 12 gauge
wire. A tree shall be protected from injury due to wire by a rubber
hose or acceptable equal material.
(d)
The trunk shall be protected by a tree wrap.
(e)
A tree shall be mulched with three inches of approved organic
material.
(f)
A three-inch saucer shall be constructed around the planting
area.
(g)
The top of the burlap tie shall be removed.
(h)
The ball shall sit on compacted soil.
(i)
The diameter of the hole shall be two feet larger than the diameter
of the ball.
(11)
The species of tree may vary depending upon overall effect desired,
but generally, all trees shall be the same kind on a street to achieve
special effects.
P.
Fire escapes. Existing commercial structures and existing uses only
(renovations, expansion or change of use not included) metal construction
only.
(1)
The Construction Official, Zoning Officer and Fire Subcode Official
shall review and approve plans for fire escapes and evaluate the impact
of the structure on the surrounding properties.
(2)
In order to preserve the aesthetic value of existing buildings, especially
those in historic districts, proposed fire escapes for existing buildings
should, whenever possible, be constructed on the side or rear facades
of the building.
(3)
Development applications not requiring site plan review or HPC approval
may also be exempted from variance relief from setback and lot coverage
requirements, provided that:
(4)
All fire escapes are subject to the following:
(a)
No structure shall encroach within five feet of the front property
line.
(b)
No structure shall encroach upon adjoining property lines or
a City right-of-way.[3]
[3]
Editor's Note: Original Secs. 32-46.17 through 32-46.27, which previously followed this subsection, were removed from this chapter, as they were duplicated in Ch. 445, Subdivision of Land, at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now Ch. 445, Art. XVIII, Construction Standards for Specific Improvements.
Q.
Fences
and walls. Fences and walls shall be constructed so that the exterior
side, facing the street, shall consist of a smooth surface, and that
braces, struts or other supporting materials are located on the interior
side of the fence, facing the property.
[Added 3-3-2020 by Ord. No. 388-2020]
R.
Flagpoles
are permitted in all zoning districts. Flagpoles must be set back
a minimum of five feet from all lot lines and may not exceed 35 feet
in height.
[Added 9-19-2023 by Ord. No. 506-2023]
A.
Scope. Nothing in this chapter shall be construed to prohibit the
use of any building, lot, or premises for municipal or municipal authority
purposes, nor shall this chapter prohibit the extension of such uses,
provided that the City Council shall decide that such building or
extension thereof or such use of any lot or premises is reasonably
necessary for the convenience or welfare of the public.
B.
Area and bulk regulations. All municipal or municipal authority uses
and buildings shall comply with the area and bulk regulations and
other regulations specified for the zoning district in which such
building or use is located, except to the extent deviation therefrom
is specifically permitted by law.
For purposes of this section, "private" shall mean personal
use or use by members only. "Semiprivate" shall mean use if accompanied
by a member.
A.
Swimming pools.
[Amended 12-15-2009 by Ord. No. 195-2009]
(1)
All swimming pools, including any aprons, walkways, or patios connected
with any swimming pool; (a) shall be at least 10 feet from any property
line; (b) may not be within the required front yard setback area;
and (c) shall be set back from the front property line by a distance
greater than the actual front yard setback of the principal structure
to which the swimming pool is accessory.
(2)
All swimming pools, measured from the waters edge, shall be at least 10 feet from any principal structure; provided that this Subsection A(2) shall not apply to any swimming pool which (a) is wholly above grade; (b) occupies an area less than 100 square feet; and (c) is covered by a rigid cover when not in use.
(3)
All swimming pools shall be enclosed by a fence as required by state law and shall comply with the requirements of the Historic Preservation Commission, as applicable, and the guidelines adopted pursuant to Article VIII of this chapter.
(4)
All
swimming pools shall provide a four-foot-wide planted green space
along the rear and side property lines within the rear yard, to increase
infiltration, add additional buffering, improve aesthetics, and provide
space for grading and the conveyance of stormwater. Plant selection
shall conform to the following general design principles:
[Added 8-15-2023 by Ord. No. 507-2023]
(a)
All landscape plants shall be typical full specimens to provide an
effective buffer for the location of the pool consistent with the
requirements herein. The Environmental Commission and Shade Tree Commission
may provide an informational list of recommended plantings.
(b)
Local soil conditions and water availability shall be considered
in the plant selection. All plants shall be tolerant of specific site
conditions.
(c)
Landscaping shall not inhibit access by emergency vehicles or inhibit
visibility within required vehicular sight triangles.
(d)
Irrigation systems are recommended for all new plantings. Draught-resistant
plantings are also recommended.
(e)
Deciduous shade trees shall have a minimum caliper of 2 1/2 inches.
Ornamental trees shall be a minimum six feet in height. Evergreen
trees shall be a minimum six feet in height. The spacing of all trees
shall be a maximum of 12 feet on center so that a continuous buffer
is provided. These shall be the minimum measurements at the time of
planting.
(f)
All trees shall be planted with proper subterranean preparation of
the ground.
(g)
A shed, garage, or similar existing accessory structure may serve
as part of the "buffer" area contemplated herein for purposes of surrounding
the pool, so long as it provides substantially similar protection
and complies with all other applicable codes and regulations.
B.
Tennis courts.
(1)
Tennis courts are considered structures for the purpose of permits
and regulations of this chapter and other ordinances. For the purpose
of this chapter, they are not counted as floor area in computing the
lot coverage but shall not be located between the building setback
line and the property line.
(2)
Tennis courts shall be protected by a permanent fence 10 feet in
height behind each base line extending at least 10 feet beyond the
playing area in each direction.
(3)
Tennis courts, or required fences for such, shall not be located
within 10 feet of any property line.
C.
Other outdoor recreational facilities. No major, private or semiprivate
recreational facility may be located within 10 feet of any property
line and may not be located in any required setback area.
D.
Floodlighting for outdoor recreational activities. Any proposed outside
floodlighting for recreational facilities or activities in any district
must be approved by the Planning Board prior to the issuance of a
permit for the erection of such lighting. Application for such shall
be made in writing to the Construction/Zoning Official. Such application
shall include a sketch showing the proposed lighting standards, the
direction and intensity of lighting, all adjacent property lines,
and other such information as may be necessary to enable the Planning
Board to determine whether the lighting complies with this chapter
and otherwise minimizes interference with adjacent properties and
use.
A.
Allowable uses.
(1)
Places of worship, including churches, synagogues, temples, chapels,
halls, are allowable uses.
(2)
Religious education buildings.
(3)
Recreational buildings when accessory to worship activity.
(4)
Residences, when adjacent to and related to worship activity, such
as parish house, manse, rectory, or convent.
B.
Area and bulk regulations. All area and bulk regulations of the most
restrictive element of the prevailing zoning district shall apply
with the following exceptions:
(1)
The minimum lot size shall be that which is necessary to accommodate
the use and is consistent with the setback, parking, and other standards
for that district and this section.
(2)
The minimum building setback, side yard and rear yard shall be 25
feet.
(3)
The maximum building coverage shall be 30%.
(4)
The combined maximum lot coverage by building and paved area shall
be 75%.
B.
Area and bulk regulations. All area and bulk regulations of the most
restrictive elements of the prevailing zoning district shall apply
with the following exceptions:
(1)
The minimum lot size shall be based upon acceptable educational standards
and the conditions of a given site.
(2)
There shall be at least one acre of land for each 100 students, including
projected enrollment.
(3)
The minimum building setback, side yard, and rear yard shall be 100
feet.
(4)
The maximum building coverage shall be 20%.
(5)
The combined maximum lot coverage by building and paved area shall
be 50%.
C.
Standards. The following shall be observed for each use:
In districts where permitted by this chapter, these and similar
uses are restricted to those not conducted primarily for gain, although
a dining room may be operated for the benefit of members and alcoholic
beverages may be served where premises are properly licensed; provided
that no sign advertising the sale of food or beverages will be permitted.
Buildings or structures hereafter converted or erected for such use
are subject to all applicable regulations for the district in which
the facility is to be located. The area and bulk regulations of the
most restrictive elements of the prevailing zoning district shall
apply.
A.
Boat clubs. In districts where permitted by this chapter, boat clubs
are restricted to those not conducted primarily for gain and shall
be subject to the following:
(1)
No sign advertising the sale of food or beverages will be permitted.
(2)
Buildings or structures hereafter converted or erected for such use
are subject to all applicable regulations for the district in which
the facility is to be located. The area and bulk regulations of the
most restrictive elements of the prevailing zoning district shall
apply.
(3)
Parking shall be provided in accordance with the provisions of § 525-49. Two off-street parking spaces shall be provided for each trailerable boat. Use of boat club facilities shall be strictly limited to the number of boats for which two off-street parking spaces are provided and available.
(4)
Open beach areas are permitted for launching of small sailboats only.
(5)
Permitted uses in association with a boat club are an observation
area for visual access to adjacent water, water-related activities
and wetlands, a fishing pier, fishing from beach areas, bike trails,
and a boat ramp for launching small trailerable boats.
(6)
Prohibited uses in association with a boat club are the sale, building,
repair, storage or rental of boats or recreational equipment; fuel
storage, distribution or sale; overnight dwelling on any structure
or boat, floating or permanent docks; bulkheading or pilings; and
boat wash-down areas.
A.
Uses permitted. In districts where permitted, transient tourist/guest
rooming accommodations.
B.
Accessory uses. Service of meals, limited to registered guests.
C.
Area and bulk regulations. All area and bulk regulations of the prevailing
district shall apply. Each room shall be considered the equivalent
of a 1/2 dwelling unit for the purpose of computing density.
D.
Off-street parking regulations. Parking will be provided in accordance with the regulations in § 525-49.
E.
Sign regulations. Sign regulations of the prevailing zoning district
shall apply.
In districts where permitted in this chapter, nursing homes
shall be subject to the following special requirements in addition
to district requirements:
A.
The minimum lot area for each four, or remainder over a multiple
of four resident patients or resident guests, shall be the same as
the minimum lot area required for each dwelling unit in the district
the use is located, provided that no lot contains less than 6,500
square feet. The minimum lot width shall be 100 feet.
B.
No more than 50 patients or resident guests shall be accommodated
at one time in any one establishment.
