[Ord. No. 983 § 4]
M-1-A (East of Ocean Avenue, Cresse Road to Farragut Road)
M-1-B (East of Atlantic Avenue, Farragut Road to Jefferson Avenue)
M-1-C (Between Ocean Avenue and Atlantic Avenue, Cresse Road
to Farragut Road)
[Ord. No. 1013 § 1; Ord. No. 1029 § 1; Ord. No. 1062 § 3; amended 9-6-2023 by Ord. No. 1406]
The purpose of this district is to permit hotels, motels, condotels
and multi-family development with access to the Atlantic Ocean and
to preserve and promote the enhancement of hotel/motel-type facilities
for service to the tourist industry. Within this district, no lot
or building shall be used and no building shall be erected or altered
for use in whole or in part, unless it complies with the regulations
as set forth in this article.
A.
Principal Uses.
The following principal uses shall be permitted in the M-1-A,
M-1-B and M-1-C Zones.
1.
Multi-Family Residential shall be and requires:
a.
If rented, minimum one-week rental period without daily maid service.
b.
Cannot be advertised for commercial use as motel/hotel room rental
to the general public.
c.
An annual mercantile license shall be obtained from the municipality.
d.
Through mercantile licensing, owner shall remit annual GWTIDA and
State, Federal and other applicable taxes.
2.
Hotel/Motel shall be and requires:
a.
Hotel/motel services are offered to the general public.
b.
Only temporary lodging in the form of hotel/motel rooms rented to
the general public on a daily or weekly basis but not more than 30
cumulative days in any one calendar year, and shall not be occupied
or used as a residence on a permanent or temporary basis.
c.
Maintain a full-time staffed on-site office to serve guests and the
public and all property operations.
d.
Maid service and other room amenities, including linens and towel
service, in a quality manner expected from the traveling public is
provided.
e.
Compliance
with State swimming pool regulations.
f.
Pay sales tax, use tax and tourism room tax as required by the Tourism
Improvement and Development District Act (N.J.S.A. 40:54D-1 et seq.).
g.
An annual mercantile license is obtained from the municipality for
the operation of same.
h.
All
utilities including but not limited to water, sewer, electric, gas,
telephone, cable or internet service, shall not be separately metered,
but shall be commonly metered to the Hotel/Motel structure.
i.
Hotel/Motel
structures and real property subject to the provisions of Chapter
8B of Title 46 of the New Jersey Revised Statutes, N.J.S.A. 46:8B-1
et seq., ("The Condominium Act") form of ownership, in addition to
those requirements set forth above, shall also be subject to the following
requirements and restrictions:
(1)
Such subjection of real property to the provisions of the Condominium
Act shall not change, effect, or alter the status or use of the property
and improvements thereon as a Hotel/Motel.
(2)
No unit owner, guests, invitees or tenants of unit owner shall occupy
or use their unit for more than 30 cumulative days during any one
calendar year, and shall not occupy or use a unit as a residence on
a permanent or temporary basis.
(3)
Each unit rented shall obtain an annual mercantile license from the
municipality for the rental of the unit and prior to advertising the
unit for rent.
(4)
Each unit owner shall pay all sales tax, use tax and tourism room
tax as required by the Tourism Improvement and Development District
Act N.J.S.A. 40:54D-1 et seq.). Proof of registration with the State
of New Jersey for sales tax purposes shall be required prior to the
issuance of a mercantile license.
(5)
Be designed and managed such that each utility (water, sewer, electric,
gas, telephone, and cable or internet) servicing a hotel or motel
structure shall commonly meter its service to all units within such
structure and shall commonly bill such service to the hotel or motel
management entity. Separate metering of such services to individual
units within the structure is prohibited.
B.
Use Restrictions.
Number of uses per building and number of principal use buildings
per development parcel is restricted. The following uses per building
and buildings per parcel shall be restricted in the M-1-A, M-1-B and
M-1-C Zones:
2.
M-1-B Zone.
a.
Multi-Family Residential. There shall be one principal use per detached
building and one or more principal use buildings per parcel.
b.
Hotel/Motel. One principal use per building per development parcel
consistent with definition of hotel/motel use.
c.
Single-family and two-family residential as per R-2 zoning district
regulations, except as modified herein.
3.
M-1-C Zone.
a.
Outside the Buffer Zone (Between Cardinal and Primrose), Multi-Family
Residential - There shall be one principal use per detached building
and one or more detached principal use building per parcel.
b.
Outside the Buffer Zone (Between Cardinal and Primrose), Hotel/Motel
- One principal use per building per development parcel consistent
with definition of hotel/motel use.
c.
Outside the Buffer Zone (Between Cardinal and Primrose), Single-Family
and Two-Family Residential - There shall be one or more detached principal
use buildings per parcel in compliance with R-2 District bulk requirements,
except as modified herein.
d.
Single-Family Residential within the buffer zone on as per the district
regulations of the R-1 Zone, except as modified herein.
[Ord. No. 983 § 2; Ord. No. 1017 § 1; Ord. No. 1108 § 1]
The following accessory uses shall be permitted in the M-1-A,
M-1-B and M-1-C Zones.
No conditional uses shall be permitted in the M-1-A, M-1-B and
M-1-C Zones.
[Ord. No. 909 § 1; Ord. No. 1013 § 1; Ord. No. 834 § 3;Ord.
No. 909 § 1B; Ord. No.
932 § 1; Ord. No. 983 § 4]
A.
Minimum lot yards for buildings shall be as follows:
1.
M-1-A Zone.
a.
Minimum Yard Setbacks (feet).
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Front (along all east/west streets)
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30 feet if lot depth 100 feet
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27 feet if lot depth 90 feet
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24 feet if lot depth 80 feet
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Front (Atlantic and Ocean Avenues): 20 feet
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Side: 8 feet
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Rear: 8 feet
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Bulkhead: 10 feet
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b.
Minimum Lot Frontage (hotel/motel/multi-family): 80 feet.
c.
Maximum Height: 65 feet or six floors for multi-family; 85 feet within
existing footprint for motel/hotel only and a finished interior floor
to ceiling height of not less than eight feet shall be maintained
throughout the entire habitable space.
d.
Maximum Building Coverage: 50% motel/hotel; 40% multi-family.
e.
Maximum Lot Coverage: 80% motel/hotel; 70% multi-family.
f.
Maximum Density: Multi-family residential 1,800 square feet of lot
area per unit.
g.
Minimum Hotel/Motel Unit Size: 375 square feet.
2.
M-1-B Zone.
a.
Minimum Yard Setbacks (feet):
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Front (along all east/west streets)
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30 feet if lot depth 100 feet
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27 feet if lot depth 90 feet
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24 feet if lot depth 80 feet
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18 feet for single-family and two-family
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b.
Front (Atlantic and Ocean Avenues): 20 feet.
c.
Side: eight feet.
d.
Rear: eight feet.
e.
Bulkhead: 10 feet.
f.
Minimum Lot Frontage (hotel/motel/multi-family): 80 feet.
g.
Maximum Height: 39 feet or three floors for single-family and two-family;
65 feet or 6 floors for multi-family, 65 feet within existing footprint
for motel/hotel only and a finished interior floor to ceiling height
of not less than eight feet shall be maintained throughout the entire
habitable space.
h.
Maximum Building Coverage: 50% motel/hotel; 40% multi-family; 45%
single-family and two-family.
i.
Maximum Lot Coverage: 80% motel/hotel; 70% multi-family; 55% single-family
and two-family.
j.
Maximum Density: Multi-family residential 1,800 square feet of lot
area per unit.
k.
Maximum Hotel/Motel Unit Size: 375 square feet.
3.
M-1-C Zone (between Ocean Avenue and Atlantic Avenue; Cresse Road
to Farragut Road).
a.
Minimum Yard Setbacks:
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Front (Atlantic and Ocean Avenues): 20 feet
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Front (along all east/west streets)
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30 feet if lot depth 100 feet
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27 feet if lot depth 90 feet
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24 feet if lot depth 80 feet
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15 feet for permitted single-family uses
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Side: 8 feet
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Rear: 8 feet
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Bulkhead: 10 feet
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b.
Minimum Lot Frontage (hotel/motel/multi-family): 80 feet.
c.
Maximum Height: 65 feet within existing footprint for motel/hotel
only and a finished interior floor to ceiling height of not less than
eight feet shall be maintained throughout the entire habitable space;
45 feet or four floors for multi-family; 29 feet or two floors for
permitted single-family.
d.
Maximum Building Coverage: 50% motel/hotel; 40% multi-family; 45%
single-family.
e.
Maximum Lot Coverage: 80% motel/hotel; 70% multi-family; 55% R-1
uses.
f.
Maximum Density: Multi-family residential 1,800 square feet of lot
area per unit.
g.
Minimum Hotel/Motel Unit Size: 375 square feet.
h.
Buffer Zone: 100 feet minimum.
B.
Height Regulations.
1.
M-1-A Zone:
Maximum Height: 65 feet or six floors for multi-family; 85 feet
within existing footprint for motel/hotel only and a finished interior
floor to ceiling height of not less than eight feet shall be maintained
throughout the entire habitable space.
2.
M-1-B Zone:
Maximum Height: 39 feet or three floors for single-family and
two-family; 65 feet or 6 floors for multi-family, 65 feet within existing
footprint for motel/hotel only and a finished interior floor to ceiling
height of not less than eight feet shall be maintained.
3.
M-1-C Zone:
Maximum Height: 65 feet within existing footprint for motel/hotel
only and a finished interior floor to ceiling height of not less than
eight feet shall be maintained throughout the entire habitable space;
45 feet or four floors for multi-family; R-1 District Regulations
for single-family.
C.
Minimum Hotel/Motel Unit Size.
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M-1-A Zone: 375 square feet
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M-1-B Zone: 375 square feet
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M-1-C Zone: 375 square feet
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D.
A permanent on-site superintendent's apartment or living quarters
shall be permitted within a hotel or motel, and shall be included
in the calculation of the permitted density.
E.
Each multi-family dwelling shall contain the following minimums:
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1 bedroom unit
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600 square feet
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2 bedroom unit
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800 square feet
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3 bedroom unit
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1,000 square feet
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Each additional bedroom
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+200 square feet
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F.
(Deleted pursuant to Ordinance No. 983 adopted October 26, 2005)
G.
Hotel and Motel Buffer Zone (Ord. No. 812 § 1).
A hotel and motel "buffer" zone shall be established in the
M-1-C Zone as a transition from the hotel or motel use to the residential
use in adjacent R-1A Zoning district. This "buffer" zone shall have
the following conditions:
1.
For the area between Cardinal Road and Primrose Road and 100 feet
southeastwardly from Atlantic Avenue: a hotel or motel business office
as an accessory to a hotel or motel may be erected only within the
buffer zone, provided that an individual or stockholder in a corporation
or partner of record is the owner of the motel erected immediately
adjacent thereto and is also the owner of a private dwelling within
the buffer zone extending 100 feet southeastwardly from Atlantic Avenue.
Also, off-street parking shall be permitted in connection with the
operation of any hotel or motel or multi-family dwelling for the motor
vehicles of guests, tenants or licensees upon or within portions of
the 100-foot buffer zone extending to a point 100 feet eastwardly
of Atlantic Avenue.
2.
Hotel/motel accessory office; private dwelling (R-1 standards); motel/hotel
off-street parking may be located in the Buffer Zone.
H.
In the M-1 Zones the maximum lot coverage shall be 80% and maximum
building coverage shall be 50%.
I.
(Deleted pursuant to Ordinance No. 983 adopted October 26, 2005).
J.
(Deleted pursuant to Ordinance No. 983 adopted October 26, 2005).
K.
(Deleted pursuant to Ordinance No. 983 adopted October 26, 2005).
