[1988 Code § 150-11; Ord. No. 526-06; Ord. No. 568-09]
In residential areas, no building or other structure and no
area shall be used, and no building or other structures shall be built,
altered or erected to be used, for any purpose other than that of:
a.
One single-family dwelling.
b.
Public park or playground.
c.
Churches, Sunday schools and other places of worship.
d.
Charitable institutions, hospitals and sanatoriums.
e.
Municipal buildings, public library.
f.
Office of a resident professional person.
g.
Home occupations employing no outside help.
h.
Accessory building, provided that when housed in a separate building,
other than a private garage, on the lot, no cooking facilities or
living quarters shall be installed, and provided further that no permit
shall be issued for an accessory building before construction and
completion of the main building.
i.
Accessory Apartments; Affordable Housing; Special Permits. It is
the specific purpose and intent of this section to allow accessory
apartments on parcels of minimum size in conformance with the specific
zoning district minimum lot size requirement to provide the opportunity
for the development of affordable housing units. It is also the purpose
of this limited, special-use provision to allow more efficient use
of the Borough's existing stock of dwellings and the Borough's existing
stock of accessory buildings, to allow residents the opportunity to
remain in large, underutilized houses by virtue of the added income
for them from an accessory apartment, allow accessory apartments in
new attached and/or detached structures and to protect and preserve
property values in the Borough of Cape May Point. No new approvals
of special permits for accessory apartments will be issued whenever
a total of six special permits have been approved. To help achieve
these goals to promote the other objectives of this chapter and of
the Master Plan, the following specific standards and limitations
are set forth for such accessory apartment use.
1.
Location and Number of Units.
(a)
An accessory apartment may be located in the principal building
or in an existing permitted accessory building, such as a barn or
garage, and may include existing and/or expanded structure construction.
2.
Size.
(a)
The minimum floor area for an accessory apartment located within
a principal structure shall be 300 square feet, but in no case shall
it exceed the gross floor area of the existing principal dwelling
on the lot.
(b)
For an accessory apartment located in an existing accessory
building, the minimum floor area shall be 300 square feet.
3.
Other Requirements.
(a)
Exterior appearance. Principal buildings containing an accessory
apartment shall have only one front or principal entry to the building,
and the accessory apartment shall be located, designed, constructed,
and landscaped so as to preserve the appearance of the principal building
to the maximum extent feasible and further to enhance and not detract
from the character of the principal building and the surrounding neighborhood.
An accessory apartment shall have a separate, distinct entry, which
does not detract from the character of the principal building.
(b)
Approval of utilities. Prior to the issuance of a building permit
for the establishment of an accessory apartment in a principal dwelling
or the conversion of an existing accessory building to an accessory
apartment use, all septic systems and well (if applicable) must be
approved by the governing agency.
(c)
The occupant must meet the established income limitations for
low- and moderate-income households as specified by the rules and
regulations of the Council on Affordable Housing (COAH) as N.J.A.C.
5:97 et seq.
(d)
Accessory apartments shall comply with all applicable statutes
and regulations of the State of New Jersey in addition to all local
building codes.
(e)
The accessory apartment must meet the adaptability law at P.L.
2005, c. 350, if applicable.
(f)
Rents of accessory apartments shall be affordable to low- and
moderate-income households as per COAH regulations.
(g)
There shall be a recorded deed or declaration of covenants and
restrictions applied to the property upon which the accessory apartment
is located running with the land and limiting its subsequent rental
or sale within the affordable housing requirements stated herein.
(h)
Each accessory apartment shall have living/sleeping space, cooking
facilities, a kitchen sink and complete sanitary facilities for the
exclusive use of its occupants. It shall consist of no less than two
rooms, one of which shall be a full bathroom.
(i)
The accessory apartment shall have a separate door with direct
access to the outdoors.
(j)
The accessory apartment shall be affirmatively marketed to the
housing region in accordance with COAH regulations and the Uniform
Housing Authority Controls at N.J.A.C. 5:80-26.1 et seq.
4.
Administration.
(a)
Cape May Point Borough shall designate an administrative entity
by municipal resolution to administer the accessory apartment program.
(b)
The administrative agency shall administer the accessory apartment
program including advertising, income qualifying prospective renters,
setting rents and annual rental increases, maintaining a waiting list,
distributing the subsidy, overseeing the securing of certificates
of occupancy, qualifying properties, handling application forms, oversetting
the filing deed restriction, filing monitoring reports and affirmatively
marketing the accessory apartment program.
(c)
In accordance with COAH requirements, the Borough shall provide
at least $20,000.00 for moderate income units (total of $60,000.00)
and $25,000.00 (total of $75,000.00) for low income units to subsidize
the physical creation of an accessory apartment conforming to the
requirements of this section and COAH requirements. Prior to the grant
of such subsidy, the property owner shall enter into a written agreement
with the Borough insuring that the subsidy shall be used to create
the accessory apartment and the apartment shall meet the requirements
of this paragraph and COAH regulations.
(d)
Applicants for the creation of an accessory apartment shall
submit to the administrative agent:
(1)
A sketch of floor plans showing the location, size and relationship
of both the accessory apartment and the primary dwelling within the
building or in another structure;
(2)
Rough elevations showing the modification of any exterior building
façade to which changes are proposed; and
(3)
A site development sketch showing the location of the existing
dwelling and other existing buildings; all property lines; proposed
addition, if any, along with the minimum building setback lines; the
required parking spaces for both dwelling units and any man-made conditions
which might affect construction.
[1988 Code § 150-12; Ord. No. 467-03 § 2; Ord. No. 475-04; Ord. No. 534-07 § 1; Ord. No. 618-13; Ord. No.
626-13]
a.
A buildable lot is defined as a land parcel of a minimum of 5,000
square feet that is contiguous for a distance of at least 50 feet
to at least one public street, road or highway maintained by the Borough,
County or State.
b.
No more than 30% of the lot area shall be occupied by the sum total of all buildings or structures on the lot, not including overhangs up to two and one-half (2 1/2) feet in horizontal width. The portion of overhangs, if any, more than two and one-half (2 1/2) feet in horizontal width shall be included in the calculations of the sum total of the area of all buildings and structures on the lot. At least 60% of the lot shall be either left in its natural state or covered in vegetation pursuant to Section 150-21 hereof.
c.
No building, including an open or enclosed porch or accessory building or structure shall be erected or extended nearer than 20 feet from the front property line of any lot except that overhangs and decorative projections shall be permitted to extend two and one-half (2 1/2) feet into the required 20 foot setback. In a block where at least 60% of the lots have been built upon, any new building shall be located so as to provide a front yard at least equal in depth to the average front yard of the existing buildings in the block except that overhangs and decorative projections shall be permitted to extend two and one-half (2 1/2) feet into the required setback. Computations of the percentage of lots that have been built upon shall be determined by considering the lots on the same side of the street and in the same block as the subject property, from corner lot to corner lot of that block. The side yard paralleling the street side of the property on a corner lot shall not be reduced to a width of less than 15 feet from the side street property line except that overhangs and decorative projections shall be permitted to extend two and one-half (2 1/2) feet into the required 15 foot setback. No main building shall be constructed nearer than 20 feet from the rear lot line of the parcel, except that overhangs and decorative projections shall be permitted to exclude two and one-half (2 1/2) feet into the required 20 foot setback. (For garages and accessory buildings see Section 150-29).
d.
There shall be two side yards which yards shall have a width of not
less than 15 feet in the aggregate, exclusive of overhangs and decorative
projections up to two and one-half (2 1/2) feet in horizontal
width per each side yard, the minimum width of either side yard being
not less than five feet inclusive of overhangs and decorative projections.
e.
No building or dwelling shall be erected that would have less than
600 square feet of living area on the first floor, which shall be
exclusive of any porch, breezeway or garage area when such garage
is attached to the building.
f.
No building shall be constructed within 10 feet of any existing building
on the same lot or on an adjacent lot, inclusive of overhangs and
decorative projections. In the event that enforcement of this paragraph
should require construction of a building with more side yard than
the 15 feet aggregate for side yards, then the Zoning Officer shall
issue a permit that permits construction of a building that is equally
distant on each side from the buildings on adjacent lots; provided,
however, that the aggregate required setback for side yards shall
not exceed nor be less than 15 feet.
g.
No main building shall exceed twenty-seven and one-half (27.5) feet
in height from the first-floor level to the highest point in the building,
exclusive of chimneys, weather vanes, flag-poles and television antennas.
The first floor level shall be constructed at ten (10.00) feet above
mean sea level (NAVD 1988). In the event that a property owner cannot
comply with the height provision of this chapter and have a two-and-one-half-foot
(2 1/2) crawl space below the first-floor level, the property
owner may make application for a building with a crawl space not to
exceed two and one half (2 1/2) feet above the natural contour.
The burden of proof shall be on the property owner to establish clearly
and convincingly, with a supporting New Jersey licensed engineer's
or surveyor's report, that the contour of the land in question is
natural, the result of erosion, weather conditions or other natural
conditions and is in no way the result of any action on the part of
any person or entity.
h.
For the purposes of paragraphs c and d herein, all building setbacks
shall be measured from the nearest projection of the structure to
the property line regardless of where said projections are located
on the structure.
i.
In order to protect each property from the necessary noise from operating,
servicing or otherwise using mechanical equipment associated with
any structure, all aboveground storage tanks and all exterior mechanical
equipment, including heating units, ventilating units, air-conditioning
units and heat pumps (other than individual air-conditioning units)
hereafter installed to serve any existing building or structure, or
a building or structure to be erected in any zoning district, shall
not be located in the front yard, shall be located at least 15 feet
from any public right-of-way and at least five feet from any public
right-of-way and at least five feet from any side or rear lot line
and shall be located as far as reasonably possible from any contiguous
lot.
j.
A special barrier-free access shall be permitted to a residential
dwelling to exceed the requirements and/or maximum and/or minimum
limitations of paragraphs b and d hereinabove, provided that:
1.
The Zoning Official of the Borough be presented with substantiation
by way of a doctor's permit and/or certification that at least a single
identified individual residing in that dwelling requires special barrier-free
access and approval of the Zoning Officer for same.
2.
The special barrier-free access is located and constructed in the
least obtrusive manner possible and built in accordance with the Uniform
Construction Code.
3.
The proof of continued necessity is renewed each calendar year through
the Cape May Point Zoning Official.
4.
The special barrier-free access is removed in its entirety upon the
departure from the subject property by the affected individual or
individuals identified in the permit or any other cessation of continuous
need.
[1988 Code § 150-13]
The floor area ratio is the sum total of the gross floor area
of all main buildings and shall not exceed 0.42 of the total area
of the lot.
[1988 Code § 150-14]
No fowl or livestock shall be kept in any building, shelter
or runway or on any land. This provision shall not prohibit the keeping
of domestic animals such as dogs, cats or other domestic animals customarily
housed in a dwelling.
[1988 Code § 150-15; Ord. No. 534-07 § 3]
a.
Owners of large dwellings may convert such dwellings into two or
more one-family apartments, but only upon compliance by the owner
with the following terms and conditions:
1.
Each such dwelling apartment shall contain at least two rooms and,
in addition, a bathroom and kitchen or cooking area.
2.
Each room of such dwelling apartment shall be of reasonable size
for the use intended and shall have adequate light and air from the
outside.
3.
Each such dwelling apartment shall have safe, adequate and convenient
means of access and egress.
4.
There shall be an open area on the lot of 1,000 square feet per apartment.
5.
Such conversions are encouraged to preserve the borough's older,
historically or architecturally significant buildings. Therefore,
the following shall be required:
b.
No such original dwelling shall be converted into dwelling apartments
and no construction work for that purpose shall be undertaken and
no permit therefor shall be issued unless and until complete plans
(drawn to scale) and specifications for the conversion of such dwelling
into dwelling apartments shall have been submitted to and approved
by the Planning Board as a conditional use and as being in conformity
with the terms and conditions of this section.
c.
The plans and specifications for the conversion of any such dwelling
into dwelling apartments and all work done for that purpose shall
conform to reasonable and proper standards of sanitation, safety and
privacy.
d.
For the purpose of constructing and applying the provisions of this section for the conversion of large dwellings into one-family dwelling apartments, a dwelling which is in existence on the effective date of this Section 150-15, paragraphs a through d as adopted on September 3, 1974 and which on said date contained more than three bedrooms shall be deemed to be a large dwelling.
