A.
Applicability. The following provisions shall apply to all buildings
and uses lawfully existing on the effective date of this ordinance
which do not conform to the requirements set forth in this ordinance
and to all buildings and uses that become nonconforming by reason
of any subsequent amendment to this ordinance.
B.
Regulations. Any nonconforming use of buildings or land and any nonconforming
buildings may be continued indefinitely, but such buildings or uses:
1.
Shall not be enlarged, altered, extended, reconstructed or restored, except as provided in § 85-66 herein, nor placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this Ordinance, nor shall any external evidence of such use be increased by any means whatsoever.
2.
Shall not be moved to another location where such use would be nonconforming.
3.
Shall not be re-established if such use has been legally abandoned,
or has been changed to, or replaced by, a conforming use.
4.
Shall not be restored for other than a conforming use after substantial
destruction thereof.
Nothing in this article shall be deemed to prevent normal maintenance
and repair, structural alteration in, or the reconstruction of, a
nonconforming structure, provided that such action does not increase
or extend the degree of, or create any new, nonconformity with regard
to the regulations pertaining to such buildings or the lot upon which
they are constructed;* [*As an example, a dwelling which complies
fully with all requirements except that it is closer to the street
than the minimum required depth of a front yard may build an addition
to the rear that does not encroach on the required rear yard.] except
that, the floor area of a detached single-family house that occupies
a lot that is smaller than the minimum lot area required in the district
in which such house is located may be increased by not more than 10%
of the floor area existing as of the date of adoption of this Ordinance
provided that the resulting structure complies with all other requirements
of this Ordinance.
No nonconforming vacant lot existing at the time or as a result
of the adoption of this Ordinance shall be further reduced in size.
Such lots in residential districts as well as those which are consolidated
into a single lot but still are nonconforming in size may be improved
for single-family residence provided the following provisions are
met:
A.
Side and rear yard setback provisions may be reduced in direct proportion
to the difference in lot areas, but in all cases shall not be less
than four feet for each side yard and four feet for rear yards.
B.
The minimum lot area may be reduced in direct proportion to the difference
in lot areas, but in all cases shall not be less than the conditions
imposed on a 40 foot by 80 foot plot.
C.
The maximum lot coverage may be increased inversely in proportion
to the difference in lot area.
D.
The lot is in separate ownership and not contiguous to lots in the
same ownership.
E.
All necessary health approvals are given by the responsible municipal
agency or its agent.
F.
The height of the dwelling shall be reduced in direct proportion
to the percentage of the shortfall of the required lot width.
Example: If the minimum lot width in the zone is 40 feet, and
the nonconforming lot has a lot width of only 30 feet, the height
of the building shall be reduced by 40 feet - 30 feet/40 feet = 25%.
[Ord. No. 1062 § 4]
A.
Accessory buildings, structures and uses shall be permitted only
on the same lot as the principal building to which they are accessory
and shall not be located in any required front yard space.
B.
Accessory buildings, structures and uses shall not be such as to
alter the character of the premises on which they are located and,
except for accessways to accessory parking or loading areas from an
adjoining street, shall not encroach upon any side or rear yard unless
otherwise permitted in this Ordinance.
C.
All accessory buildings, structures, or uses shall be governed by
the bulk and area regulations of the zone in which they are located
except that storage sheds associated with one- and two-family dwelling
units on the same lot as the principal structure may be located within
four feet of each side yard and within four feet of rear lot lines
but shall comply with the front yard requirement for a principal structure.
Storage sheds on corner lots shall not be located nearer to any street
line than the minimum required depth of a front yard in the zone in
which the lot is located.
D.
In no case shall there be more than one principal use structure on
any development parcel, except as specifically permitted in the M-1-B
and M-1-C zoning districts.
E.
Accessory building shall not exceed 16 feet in height and may not
occupy more than 30% of the required rear yard. Accessory buildings
shall be located so that all yard requirements for the lot are met
by the principal use.
F.
Storage shed, tool sheds, bathhouses and playhouses shall not exceed
10 feet in height and may not exceed 100 square feet.
G.
A construction permit shall be required for the construction of every
accessory building, including storage buildings, out-buildings, bathhouses,
storage sheds, tool sheds and other sheds, and for the installation
of any such structure which is already assembled or constructed. Accessory
buildings shall be permitted in all zones.
H.
Every accessory building shall be installed on poured concrete permanent
foundation of sufficient area and depth to satisfy the Uniform Construction
Code requirements, at every point where such accessory building shall
come in contact with the surface of the ground.
[Added 3-23-2022 by Ord. No. 1378]
A.
Purpose. 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 stormwater
runoff contaminants. The goals are to:
1.
Provide adequate and convenient EVSE and make-ready parking spaces
to serve the needs of the traveling public.
2.
Provide opportunities for residents to have safe and efficient personal
EVSE located at or near their place of residence.
3.
Provide the opportunity for nonresidential uses to supply EVSE to
their customers and employees.
4.
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
B.
CERTIFICATE OF OCCUPANCY
CHARGING LEVEL
1.
2.
3.
ELECTRIC VEHICLE
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)
MAKE-READY SPACE
PRIVATE EVSE
PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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 (N.J.S.A. 52:27D-119 et seq.), and regulations adopted pursuant
thereto.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt
AC circuit.
Level 2 operates on a forty- to 100-amp breaker on a 208- or
240-volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty-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.
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.
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network 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."
The prewiring 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 a 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 (N.J.S.A. 48:25-1 et seq.).
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).
EVSE that is publicly available (e.g., park and ride, public
parking lots and garages, on-street parking, shopping center parking,
nonreserved parking in multifamily parking lots, etc.).
C.
Approvals and permits.
1.
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 districts
in the Borough of Wildwood Crest and shall not require a variance
pursuant to N.J.S.A. 40:55D-70.
3.
All EVSE and make-ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
4.
The Zoning Officer, and/or Borough Engineer, shall enforce all signage
and installation requirements described in this section. Failure to
meet the requirements in this section shall be subject to the same
enforcement and penalty provisions as other violations of the Borough's
land use regulations.
5.
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 N.J.S.A. 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 Zoning Officer, provided the application meets the following
requirements:
a.
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;
b.
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
c.
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 (N.J.S.A. 52:27D-119 et seq.), any safety
standards concerning the installation, and any state rule or regulation
concerning electric vehicle charging stations.
6.
An application pursuant to Subsection C(5) above shall be deemed complete if:
a.
The application, including the permit fee and all necessary documentation,
is determined to be complete;
b.
A notice of incompleteness is not provided within 20 days after the
filing of the application; or
c.
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.
7.
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.
8.
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.
D.
Requirements for new installation of EVSE and make-ready parking
spaces.
1.
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:
a.
Prepare as make-ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least 1/3 of the
15% of make-ready parking spaces;
b.
Within three years following the date of the issuance of the certificate
of occupancy, install EVSE in an additional 1/3 of the original 15%
of make-ready parking spaces; and
c.
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final 1/3 of the original 15% of
make-ready parking spaces.
d.
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.
e.
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.
2.
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection D(1) above, shall:
a.
Install at least one make-ready parking space if there will be 50
or fewer off-street parking spaces.
b.
Install at least two make-ready parking spaces if there will be 51
to 75 off-street parking spaces.
c.
Install at least three make-ready parking spaces if there will be
76 to 100 off-street parking spaces.
d.
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.
e.
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.
f.
In lieu of installing make-ready parking spaces, a parking lot or
garage may install EVSE to satisfy the requirements of this subsection.
g.
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.
E.
Minimum parking requirements.
1.
All parking spaces with EVSE and make-ready equipment shall be included
in the calculation of minimum required parking spaces pursuant applicable
use requirements.
2.
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.
3.
All parking space calculations for EVSE and make-ready equipment
shall be rounded up to the next full parking space.
F.
Design standards.
1.
Installation.
a.
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.
b.
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
or parking spaces that were part of an application that received prior
site plan approval.
c.
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.
d.
Each EVSE 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.
2.
Safety.
a.
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 Subsection F(5) below.
b.
Where EVSE is installed, adequate site lighting and landscaping shall
be provided in accordance with Borough of Wildwood Crest's ordinances
and regulations.
c.
Adequate EVSE protection such as concrete-filled steel bollards shall
be used for publicly accessible EVSE. Nonmountable curbing may be
used in lieu of bollards if the EVSE is set back a minimum of 24 inches
from the face of the curb. Any stand-alone EVSE bollards should be
three feet 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.
d.
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
Subsection F2e 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.
e.
Each EVSE shall incorporate a cord management system or method to
minimize the potential for cable entanglement, 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 configured
so that they do not cross a driveway, sidewalk, or passenger unloading
area.
f.
Where EVSE is provided within a pedestrian circulation area, 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.
g.
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,
owners/designee of publicly accessible EVSE shall provide information
to the Borough on the EVSE's geographic location, date of installation,
equipment type and model, and owner contact information.
3.
Signs.
a.
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.
b.
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.
c.
The following information shall be available on the EVSE or posted
at or adjacent to all publicly accessible EVSE parking spaces:
(1)
Hour of operations and/or time limits if time limits or tow-away
provisions are to be enforced by the municipality or owner/designee;
(2)
Usage fees and parking fees, if applicable; and
(3)
Contact information (telephone number) for reporting when the
equipment is not operating or other problems.
[Ord. No. 1030 § 5; Ord. No. 1074 § 1; amended 1-25-2023 by Ord. No. 1391]
Other provisions of this Ordinance notwithstanding, in any district,
the entire lot, except for areas covered by buildings or surfaced
as parking, recreation or service areas, shall be seeded, sodded or
planted with ground cover and suitably landscaped to include trees,
shrubs, edging materials, stones, rocks or gravel; in accordance with
an overall landscape plan consistent with the natural surroundings.
All landscaping shall be properly maintained throughout the life of
any use on said lot. In the front yard landscape area, there shall
be no more than 50% for concrete/pavers for driveways, walkways, ground
level patios (i.e., impervious coverage); there shall be a 30% minimum
in plantings and mulching or grass; there shall be no more than 20%
maximum for stone. All stones, rocks and/or gravel shall be placed
over filter fabric, and any use of plastic or other impermeable material
as a weed barrier is prohibited. Landscaping stones shall only be
permitted if they are enclosed by four by four railroad ties, or other
comparable and suitable materials to prevent the stones from getting
onto the sidewalk, curb, driveway and gutter area.
[Ord. No. 1287-2018 § 7]
The use of public sidewalks for business purposes, advertising
purposes, or the storing, displaying or placing of goods, wares and
merchandise or the like for any purpose, is hereby prohibited beyond
or over the respective property lines, provided that in no event shall
any display be allowed more than two feet from the building. In all
cases, at least four feet of sidewalk shall remain unobstructed.
Radio or television poles or towers will not be permitted in
front of the building face in any zone. Fixed flagpoles on buildings
must be above street traffic level and approved by the Borough Construction
Official, after meeting the requirements of the Uniform Construction
Code.
No person shall strip, excavate or otherwise remove sand, fill
or soil of any nature or description from privately owned property
within the corporate limits of the Borough except in connection with
the construction or alteration of a building on such premises and
excavation of grading incidental thereto; or unless excess material
exists on said premises above that which is required to bring the
lot or block to the official established grade, in which case, the
excess material only may be removed.
[Ord. No. 983 § 5; Ord. No. 1030 § 4; Ord. No. 1062 § 4; Ord.
No. 1108 § 2; Ord. No.
1287-2018 § 8]
A.
Corner Lots. At all street intersections in all districts, no obstructions
to vision exceeding 24 inches in height above curb level shall be
erected or maintained on any lot within the triangle formed by the
street lines of such lot and a line drawn between points along such
street lines 20 feet distant from their point of intersection.
B.
Height Limitations. The height limitations of this Ordinance shall
not apply to church spires, nor to chimneys or radio and television
antennas, nor elevator shafts and other non-habitable projections.
Architectural appurtenances for motels/hotels in the M-1-A, M-1-B
and M-1C Zones are exempt from the height limitations of this Ordinance
as long as not more than 10% of the roof is covered and the maximum
height of the appurtenance does not exceed 10 feet.
C.
Number of Principal-Use Buildings Restricted.
1.
In the R-1, R-1A, R-2 and M-1-A Zoning districts, shall be no more
than one principal use building per each development parcel.
2.
In the M-1-B Zoning district and in the M-1-C Zoning district, with
exception of the M-1-C buffer zone requirement, R-1, R-1A and R-2
development is permitted, with subdivision, in one principal building
according to R-1, R-1A and R-2 Zoning regulations, except as modified
and extended herein for height and for front yard setback requirements.
3.
In the M-1-B Zoning district and in the M-1-C Zoning district, with
exception of buffer zone requirements, multi-family, single, or duplex
residential development or combination thereof shall be permitted
in one or more than one detached building on a single parcel without
subdivision.
D.
Frontage Upon a Street. Every principal building shall be built upon
a lot with the minimum lot width fronting upon an improved and approved
street in accordance with the road standards established by the Borough
or on a private road shown on an approved site plan.
E.
Side Yard Setback in the R-1 Zone: a second story addition can be
built in line with an existing minimum six-foot side yard setback
and shall meet current rear and front yard requirements.
F.
Roof Pitch for Residential Structures.
1.
Roof pitch plans must be drawn to scale and submitted with the appropriate
calculations at the time a zoning permit application is made.
2.
The roof pitch must be a minimum average of five feet of rise to
every 12 feet of run 5:12. Any roof which has a pitch less than two
feet of rise for every 12 feet of run 2:12 shall be considered flat,
and flat roofs may not exceed 20% of the roof area, measured in a
horizontal plane.
G.
Improvements and Additions to Existing Hotels/Motels.
Existing nonconforming conditions including existing footprints,
existing room size, existing encroachments and existing parking shall
be grandfathered as a nonconforming condition if a motel/hotel is
renovated. A renovation includes demolition and rebuilding within
the same building footprint. No renovations or addition shall encroach
into the existing setbacks. Renovations or additions which exacerbate
an existing nonconformity shall comply with the new standards and
shall not be grandfathered.
H.
Conversions from Hotel/Motel to Multi-Family.
For conversions of existing hotel/motel properties from their
present use as hotel, motel, condotel as defined herein will require
compliance with the new area and bulk and parking regulations for
the M-1 Zones.
If any hotel or motel is converted to an apartment building
whereby one or more units are privately owned as a condominium or
cooperative form of ownership, unless such building, regardless of
the form of ownership continues to operate primarily as a hotel or
motel, it shall be presumed to be a change in use from hotel or motel
use to multiple family residential use. If there is an elimination
of common features of a hotel or motel such as a front desk, lobby,
maid service and other hotel/motel features, or if less than 15% of
the units are available for short term occupancy, it shall be considered
prima facie evidence that the use has been changed from a hotel or
motel to a multi-family residential use, in which case such conversion
will not be permitted unless the structure in every regard conforms
to all bulk requirements of the M-1 Zones for multi-family structures,
including parking.
[Ord. No. 1017 § 1; Ord. No. 1287-2018 § 9]
Vehicular access from public streets to off-street parking areas
or driveways shall be made only through authorized curb cuts, as hereinafter
defined and regulated.
A.
"Curb cuts" as used in this section shall include the making of an
opening in or through any existing curb and the leaving of voids in
curbs when the same are constructed in any street.
B.
No new curb cut (unless constructed by the Borough) nor any opening
in or through any existing curb of any street shall be constructed,
except for single family and two-family homes unless it is part of
an application for development.
C.
The reconstruction of any existing curb or off-street parking area
access drive shall be done by first obtaining a building permit from
the Construction Official. The reconstruction shall be done in accordance
with construction specifications approved by the Borough Engineer.
D.
New and Reconstructed Curbs.
All new and reconstructed curb cuts shall comply with the following:
1.
Minimum distance between the curb cut and the nearer right-of-way
line of an intersecting street shall be 20 feet.
2.
The minimum distance between any curb cut and any fire hydrant shall
be two feet; provided, however, compliance with Subsection D.1 above
must be met.
3.
Any adjustments to utility poles, light stanchions, fire hydrants,
catch basins, street signs, signals or other public improvements or
installations required by any curb cut of off-street parking area
access way shall be accomplished without cost to the Borough.
4.
In the M-1-A, M-1-B and M-1-C Zones where land is presently vacant
and is abutted by depressed curbs which do not comply with Subsection
D.5 below, any permit issued for future construction on said vacant
lands shall include the requirements that said depressed curbs shall
be reconstructed so that they will comply with Subsection D.5 below.
5.
In the M-1-A, M-1-B and M-1-C Zones where there presently exist depressed
curbs which do not provide direct access to a legal parking space,
any permit issued for future construction, including renovation or
addition to existing construction upon the lands abutting said depressed
curbs, shall include the requirement that said depressed curbs shall
be reconstructed so that they will be of standard curb height.
6.
The maximum curb cut dimension for a single-family dwellings shall
not exceed 10 feet when 2 or less parking spaces are required, or
20 feet when 3 or more parking spaces are required. For duplexes and
two-family residential the curb cut(s) shall not exceed 10 feet for
one unit or a total of 20 feet for two units. In all cases, there
shall be a minimum of 50% of the lot frontage to have raised curb
with a minimum of 35% being continuous raised curb. Wherever possible,
the locations of driveways should consider the driveway locations
of adjacent development and efforts made to preserve or provide on-street
parallel parking of at least 18 linear feet. The area behind the curb
to the building shall be landscaped.
[Amended 1-25-2023 by Ord. No. 1394]
7.
No more than one curb cut is permitted per lot, including corner
lots, except for duplex construction on a conforming lot where one
curb cut per unit shall be permitted.
Off-street parking and loading for uses allowed in this Ordinance shall be subject to the requirements stipulated in Article XV.
Signs shall be subject to the requirements stipulated in Article XV.
Nothing contained in this Ordinance shall be construed or deemed
to restrict, inhibit or circumscribe the rights and powers of the
Borough of Wildwood Crest to grant lease concessions and public property
as provided and permitted by the Revised Statutes of the State of
New Jersey.
No certificate of occupancy shall be issued for any building
to be erected upon any lot until all of said lot shall be filled into
a grade of minimum of six inches on rear property line pitched to
the inside of the sidewalk.
[Ord. No. 1017 § 7; Ord. No. 1287-2018 § 10]
A.
Steps shall be permitted in the front yard setback but shall be no
closer than 50% of the required front yard setback.
B.
Eaves not greater than 18 inches shall be permitted to encroach in
yard areas, but in all cases, must be at least four feet from side
and rear lot lines.
C.
Chimneys, canopies, roofs over exterior doors bay and bow windows
no greater than 16 square feet in area, shall not be considered to
occupy required yard area, provided that such projections do not increase
the interior habitable floor area, do not extend closer than four
feet to any property line, and do not extend into the yard more than
two feet on not more than two sides of the structure. Bay and bow
window projections shall not exceed a total of eight linear feet,
per floor, on each side of the principal dwelling.
[Ord. No. 977 § 2; Ord. No. 1017 § 1; Ord. No. 1287-2018 § 11]
Patios, open porches and decks shall be permitted in conjunction
with residential uses. Where patios, open porches and decks are permitted,
they shall, however, specifically be subject to the following conditions
and restrictions:
A.
Any first floor decks shall be set back from the rear lot line 15%
of the lot depth. Patios and decks at grade may be located anywhere
within the rear yard.
B.
Open porches and decks above the first finished floor shall comply
with principal building setback requirements however a minimum setback
of four feet from any bulkhead is required.
C.
The floor of an outside porch or deck shall not be higher than the
floor of the highest habitable floor in said structure and shall comply
with the following:
1.
Any porch or deck located at the highest habitable floor shall not
project any vertical railing, overhead roof, pergola, canopy, awning
or other structure beyond the extended plane of the principal adjacent
roof line above the highest habitable interior story or interior half-story.
2.
Any open porch, deck, or balcony located at the highest habitable
floor cannot extend more than 66% of the width or length of the respective
dwelling unit.
D.
All railings and guards, and sides of balconies, porches or decks
not enclosed by an exterior wall or roof of the principal structure
must be of open construction having a minimum opacity of 40%.
E.
Interior stairs are encouraged to access exterior decks and porches.
If exterior stairs are provided leading to a porch or deck, are permitted
only in the side or rear yards and must fall within required principal
building setbacks.
F.
A patio or deck shall not encroach into the front yard setback.
[Ord. No. 1017 § 1]
A.
Private Residential Swimming Pools.
Except for portable swimming pools which have a depth at any
point of less than 15 inches or a capacity of 300 gallons or less,
the following regulations shall apply to permanent and portable swimming
pools that are accessory to a residential use:
1.
Said use shall be located on the same lot as the principal structure.
2.
Said use shall be appropriately screened and fenced to minimize adverse
impact on adjoining properties. Each fence around a swimming pool
shall have at least one gate with a self-latching or closing device
at least four feet above the ground so designed as to keep gates or
doors securely closed. No portion of the fence erected around a swimming
pool shall be less than five feet from the nearest point of water.
3.
No loudspeakers or amplifying devices which can be heard beyond the
lot lines of the lot on which said facility is located shall be used
in connection with such recreation facilities.
4.
A swimming pool shall be a permitted accessory use and no swimming
pool shall be permitted unless it complies with the requirements of
this Ordinance and State regulations regarding construction and operation.
5.
No existing or hereafter constructed swimming pool shall be located
on a lot unless there is a residence on such lot.
6.
No swimming pool shall be hereafter constructed, installed, relocated
or reconstructed unless the pool itself and any apron, accessory building,
structure and equipment are all located at least six feet from all
property lines and at least 16 feet from the proper line bordering
a street. Pools adjacent to a bulkhead must meet the following setback
from the bulkhead: 10 feet plus one additional foot for every foot
below grade of the pool. Pools adjacent to bulkheads will require
CAFRA review.
7.
Swimming pools are prohibited in front yards.
B.
Public Pools.
1.
Municipally-owned public pools are exempt from zoning regulations.
2.
Said use shall be located on the same lot as the principal structure
and shall be appropriately screened and fenced to minimize adverse
impact on adjoining properties. Each fence around a swimming pool
shall have at least one gate with a self-latching or closing device
at least four feet above the ground so designed as to keep gates or
doors securely closed. No portion of the fence erected around a swimming
pool shall be less than five feet from the nearest point of water.
3.
No loudspeakers or amplifying devices which can be heard beyond the
lot lines of the lot on which said facility is located shall be used
in connection with such recreation facilities.
4.
A swimming pool shall be a permitted accessory use and no swimming
pool shall be permitted unless it complies with the requirements of
this Ordinance and State regulations regarding the construction and
operation of said pool.
5.
No swimming pool shall be hereafter constructed, installed, relocated
or reconstructed unless the pool itself and any apron, accessory building,
structure and equipment are all located at least six feet from all
property lines.
[Ord. No. 834 § 2; Ord. No. 1013 § 1; Ord. No. 1116 § 1; Ord.
No. 1287-2018 § 12]
A.
On any lot in any district, no fence, hedge, solid wall or living
fence shall be erected or altered so that said fence, hedge, or wall
shall be over four feet in height in front yards, five feet in height
in the side yard and six feet in height in the rear yard.
B.
Fences, hedges, solid walls or living fences may be maintained behind
the front building line at a height of not more than five feet along
the side property lines and six feet at the rear of the building.
Each fence around a swimming pool shall have at least one gate with
a self-latching or closing device at least four feet above the ground
so designed as to keep gates or doors securely closed. No portion
of the fence erected around a swimming pool shall be less than five
feet from the nearest point of water.
C.
Walls and fences shall be required to compliment the structural type,
design, and color of the principal building.
D.
Walls and solid fences are more appropriately used adjacent to or
attached to buildings as architectural extensions and careful consideration
shall be given to coordination with the lines, materials and color
of any principal structure.
E.
Walls and fences shall be constructed of durable, high quality materials
and shall display a high level of quality in finish and detail. Walls
with a lesser quality of finish and detail may be considered for approval
if they are continuously screened by landscaping. Gates in walls and
fences between streets and open areas may be required by the Planning
Board.
F.
Plantings shall be considered as part of any wall or fencing plan.
G.
The use of plant screens instead of fences is encouraged along property
lines.
H.
Materials and Construction.
1.
If the fence is wood or wood frame, the framework must face the interior
of the lot or be finished on both sides.
2.
If the fence is open metal mesh supported by posts or frames or either
pipe or wood, the posts and frame must face the interior of the lot.
3.
If the fence is of masonry construction, a finished surface must
be provided on the exterior side.
I.
Two separate fences placed back-to-back along common property lines
shall be discouraged.
J.
Hedges shall be subject to the same provisions as regular fencing;
provided, however, that they shall not be placed nearer than four
feet to any sidewalk or any prospective sidewalk.
K.
The height of walls and fences shall be measured from the elevation
of the average finished grade within 10 feet from the base of the
wall or fence to its highest point. However, in no event shall any
fence be higher than seven feet from the grade from which the fence
is installed.
L.
No fence, hedge, or solid wall of any type shall be erected or maintained
if it is deemed a safety hazard in obstructing the view of motorists.
Sight triangle areas shall be required at intersections and driveways
entering public streets, in addition to the specified right-of-way
widths, in which no grading, planting or structure shall be erected
or maintained more than 30 inches above the street center line, except
for utility poles, street signs, fire hydrants and light standards.
The sight triangle is defined as that area outside of the curbline
and the straight line connecting "sight points," one located on each
curbline or driveway center line at 25 feet or one foot for each mile
of allowed street speed limit, whichever is greater, or 15 feet along
the center line of a driveway. Sight triangle easements shall be required
for any new development and such easement dedication shall be expressed
on the plat or plan as follows: "Sight triangle easement deeded for
purposes provided for and expressed in the Land Development Ordinance
of the Borough of Wildwood Crest."
M.
All fences erected shall be maintained in a safe, sound and upright
condition by the property owner and all hedges shall be neatly maintained
and trimmed in appearance and kept at a height not greater than prescribed
by this Ordinance.
N.
No person shall erect a fence or wall until after obtaining a permit
from the Zoning Officer. An application must be obtained from the
Zoning Officer and shall require a $25 permit fee to be paid with
the application. Living fences shall not require a permit, but shall
be governed by the rules of this Ordinance.
O.
Existing fences at the time of adoption of this Ordinance shall be
allowed to remain and to be maintained, but cannot be replaced except
by compliance with the regulations herein prescribed.
P.
Existing living fences in areas not permitted by this Ordinance can
be maintained at a height of not more than four feet. No living fence
in violation of the Ordinance shall be replaced except by compliance
with the regulations herein prescribed.
Home occupations and family day care homes shall be subject
to the following requirements:
A.
Such occupation may be pursued in the principal dwelling unit structure
or in a secondary building which is accessory to such principal building
structure, except a garage, tool shed or storage shed.
B.
The use of the property for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by
its occupants, and not more than 25% of the net habitable floor area
of all structures shall be used in the conduct of the home occupation.
C.
No person other than members of the household residing on the premises
plus one secretary or other assistant shall be engaged in the occupation.
D.
The residential character of the lot and building shall not be changed,
no occupational sounds shall be audible outside the building, and
no equipment shall be used which will cause interference with radio
or television reception in neighboring residences. No display of products
shall be visible from the street, nor shall any materials be stored
outside the dwelling unit.
E.
The home occupation shall not generate the business or care of more
than two clients at any one time and shall be by appointment only.
The home occupation shall not include the breeding, raising, care,
boarding, or maintenance of animals. Family day care homes as defined
in this Ordinance may, however, provide services to no less than three
and no more than five children for no less than 15 hours per week.
F.
The home occupation shall not necessitate the need to park more than
one vehicle at any time in addition to those ordinarily used by the
residents of the home. Said vehicles shall be limited to passenger
automobiles and/or other vehicles not exceeding a 3/4-ton capacity
and must be parked off-street. The home occupation shall not reduce
the parking or yard requirements of the dwelling. There may be parked
on the premises not more than one vehicle owned or operated in conjunction
with the home occupation. No other vehicle(s) owned or operated in
conjunction with the home occupation shall be parked overnight, stored,
or repaired, either on or off-premises, within a residential zone,
and no such vehicle(s) shall be parked overnight or stored on a street.
G.
The following uses do not constitute a "home occupation" in this
Ordinance: real estate agents; the maintenance and operation of a
private school; beauty parlor; barber shop; private sanatorium, health
institute, clinic, or hospital; nursing home; lodging or boarding
home; collection, storage, and sale of goods; house of worship; or
any similar use.
H.
The dwelling unit shall be permitted to have a small, unlighted nameplate
sign not over two square feet in area, attached flat against the dwelling
and displaying only the occupant's name, occupation and/or profession.
I.
No hazardous materials as defined by the New Jersey Department of
Environmental Protection shall be kept on the premises.
J.
No mechanical, electrical or other equipment which produces noise,
electrical or magnetic interference, vibration, heat, glare or other
nuisance outside the dwelling unit shall be used.
K.
No goods, chattels, materials, supplies or items of any kind shall
be delivered more than once a day to or from the premises in connection
with a home occupation and shall be limited to passenger automobiles
or van delivery trucks, having a length not greater than 20 feet.
L.
There shall be no nuisance element detectable in connection with
the home occupation.
M.
No home occupation or professional office shall be permitted which
is noxious, offensive or hazardous by reason of vehicular traffic,
generation or emission of noise, vibration, smoke, dust, or other
particulate matter, odorous matter, heat, humidity, glare, radiation
or other objectionable emissions.
N.
No stock in trade shall be sold, offered for sale, or distributed
from the premises except that which may be produced on the premises.
O.
The applicant shall have applied for and received minor site plan
approval from the Planning Board in accordance with the applicable
requirements of this Ordinance.
P.
There shall be no detrimental impacts to the use, peaceful enjoyment,
economic value, or development of the surrounding properties or neighborhoods.
Q.
Family day care homes shall be deemed to be a home occupation in any district in which home occupations are permitted and shall be subject to the same restrictions applicable to all other home occupations (except that the presence of children or customary residential recreational facilities shall not be considered as exterior evidence of a home occupation) and shall require minor site plan approval from the Planning Board in accordance with Subsections C through I, K and L of § 85-84 of this article and, additionally, shall require public notice.
Child care centers shall be permitted in the B-1, MC, and M-1
Zones within churches or other places of worship, public schools,
private schools, hotels or motels, community and public buildings,
and office buildings as accessory uses and subject to site plan review
and the following conditions:
A.
The applicant shall provide substantial evidence that there is a
definite need for the child care center in the requested location
and that the proposed child care center will have no adverse impact
on surrounding properties.
B.
The child care center shall have easy and direct access, and the
entrance and exits shall be located away from areas of heavy vehicular
and pedestrian traffic with limited contact with commercial and/or
office uses.
C.
The hours of operation shall be limited to 7:00 a.m. to 7:00 p.m.
No outdoor play areas shall be used before 9:00 a.m. or after 7:00
p.m. There shall be no overnight care.
D.
The child care center shall not create any objectionable traffic
or lighting conditions.
E.
Parking areas, pedestrian walkways or other exterior portions of
the premises subject to use by child care center occupants at night
shall be illuminated to provide safe entrance to and egress from the
center.
F.
An outdoor play area shall be on the same lot as the child care center.
The area shall be graded, well drained, completely fenced and not
include driveways, parking areas or land and uses otherwise unsuitable.
All outdoor play areas shall include sheltered play space.
G.
No part of any outdoor play area may be situated in the front yard.
H.
Storage facilities for movable outdoor play equipment shall be provided
and such equipment shall be stored in these facilities when not in
use. In addition, outdoor play equipment shall be designed to accommodate
disabled children.
I.
All outdoor play areas shall be screened from adjacent properties
by a fence or wall with a maximum height of six feet and screen plantings.
Outdoor areas located near or adjacent to hazardous areas determined
by the Planning Board to be unsafe (including, but not limited to,
streets, roads, driveways, parking lots, swimming pools, streams,
open pits, high voltage lines or propane gas tanks) shall be fenced
or otherwise protected by a natural or man-made barrier or enclosure.
J.
The child care center may be identified only by signage which is
consistent with the overall sign design theme of the particular development
project in which the center is located.
K.
The site shall be free from any hazards to the health, safety or
well-being of the children.
L.
The child care center, including any outdoor play space provided,
shall be so located and designed that there shall be no objectionable
impacts on adjacent or nearby properties due to noise, activity, visual
or other objectionable conditions. The Board may require such special
treatment in the way of design, screening or buildings, planting and
parking areas, signs or other requirements as it shall deem necessary
to protect adjacent and nearby properties.
M.
All child care centers must either be licensed by or meet the requirements
of the New Jersey Department of Human Services.
N.
The floor area occupied in any building or structure as a child care
center shall be excluded in calculating any parking requirement otherwise
applicable to the number of units or amount of floor space, as appropriate,
under state and local laws or regulations adopted thereunder and the
permitted density allowable for that building or structure under any
applicable zoning standard.
The Borough finds that, when unregulated, satellite earth station
antennas can be installed in such a manner as to make them aesthetically
unpleasant, with adverse impacts on surrounding property values. The
intent and purpose of this section is to establish a procedure and
the criteria to avoid such adverse impacts and to preserve the character,
beauty and general welfare of the community. In all designated zones,
satellite earth station antennas shall be permitted as a conditional
use subject to the following:
A.
A satellite earth station antenna shall function only as a receiving
station and not as a transmitting station except, subject to the following
requirements, an antenna used by an amateur radio operator licensed
by the Federal Communication Commission is permitted, provided that
the antenna is permitted only at the authorized transmitting location.
B.
Each satellite earth station antenna must be accessory to a permitted
principal structure located on the same lot as the principal use for
which it is accessory.
C.
A satellite dish antenna shall be ground mounted in the rear yard
area of a lot and shall be located in conformity with the rear yard
and side yard setback requirements for a principal permitted structure
in the zoning district in which the lot is located; except that, in
cases where the applicant can demonstrate that locating the satellite
dish antenna in the rear yard is impracticable or would prevent the
otherwise proper functioning of the satellite dish antenna, the Board
may approve an alternate location as listed hereinbelow in order of
municipal preference, based upon the testimony offered by the applicant:
1.
As a first preferred alternate, a satellite dish antenna may be ground
mounted in the rear yard of the lot and shall be located in conformity
with the rear yard and side yard setback requirements for a permitted
accessory structure in the zoning district in which the lot is located;
or
2.
As a second preferred alternate, a satellite dish antenna may be
ground mounted in the side yard area of the lot and shall be located
in conformity with the side yard setback requirements for permitted
accessory structures and the front yard setback requirements for a
permitted principal structure in the zoning district in which the
lot is located; or
3.
As a third preferred alternate, a satellite dish antenna may be roof-mounted,
provided that the bottom of the satellite dish antenna shall not extend
above the roof line where mounted and is located toward the rear of
the structure away from the street line.
D.
The materials used in the construction of a satellite earth station
antenna shall not be unnecessarily bright, shiny, garish or reflective.
They must be properly colored so as to conform to the principal use
and surrounding area, including the color of the roof if roof-mounted.
E.
The satellite earth station antenna shall be erected on a secure
ground mounted foundation. No advertisement shall be permitted on
a satellite earth station antenna.
F.
Each satellite earth station antenna shall be a freestanding structure.
G.
A satellite earth station antenna may be installed in the rear yard
area of any lot, and the proposed location of a satellite earth station
antenna shall conform to the rear yard and side yard setback requirements
for a principal permitted structure in the zone in which the lot is
located. Moreover, no satellite earth station antenna shall extend
higher than 15 feet above ground level.
H.
A satellite earth station antenna shall not exceed 12 feet in diameter
and shall be effectively screened with nondeciduous plantings and,
to the greatest extent possible, shall blend with the immediately
surrounding area. Unless impracticable, all satellite earth station
antennas shall be of the aluminum mesh type.
I.
No lot shall have more than one satellite earth station antenna.
Wires and cables running between the ground-mounted antenna and any
structure shall be properly installed underground in accordance with
the Uniform Construction Code. Additionally, the installation of the
satellite earth station antenna shall meet all local, State and Federal
requirements, including those contained in the Uniform Construction
Code.
J.
Portable mounted satellite earth station antennas are prohibited.
K.
Satellite earth station antennas shall be installed or constructed
in a manner so as not to interfere with television, radio or similar
reception in adjacent and nearby areas.
L.
Applications for installation and/or construction of satellite earth
station antennas shall be subject to minor site plan review and approval
from the Planning Board in accordance with applicable requirements
of this Ordinance, and additionally, shall require public notice.
A.
Any community residence for the developmentally disabled or community
shelter for victims of domestic violence, excluding resident staff,
shall require Planning Board approval for the use of a dwelling unit
for such shelter or residence, including the conversion of a dwelling
unit for such use.
B.
The residential character of the lot and buildings shall not be changed
and there shall be no exterior evidence of the community residence
or community shelter. No signs shall be permitted except information
and direction signs as permitted for single-family detached dwellings.
C.
The following design requirements shall be incorporated within the
submitted plan:
1.
Each community residence or community shelter shall be connected
to public water and sewer facilities;
2.
Community residences or community shelters shall have immediate access
to public transportation services or, in the alternative, provide
occupants with a van or equivalent transportation service; and
3.
Community residences or community shelters shall resemble single-family
detached dwellings in appearance.
D.
All community residences or community shelters shall have 3/4 parking
spaces for each resident thereof. The Planning Board shall give due
consideration to provisions for visitation and the number of resident
staff in order to ensure that there are ample parking facilities.
Therefore, the Planning Board may, at its discretion, require more
parking spaces than 3/4 spaces per resident, or may, if the evidence
so warrants, waive strict adherence to this standard. Moreover, sufficient
off-street area is to be provided for the pickup and discharge of
occupants by vans or other vehicles servicing the residents.
E.
The Board may deny approval to any proposed community residence for
the developmentally disabled or community shelter for victims of domestic
violence which would be located within 1,500 feet of an existing such
residence or shelter; provided further, however, that the Board may
deny the issuance of any additional such permits if the number of
persons, other than resident staff, resident at existing such community
residences or community shelters within the Borough exceeds 50 persons,
or 0.5% of the population of the Borough, whichever is greater.
F.
The applicant shall have applied for and received minor site plan
review and approval from the Planning Board in accordance with the
applicable requirements of this Ordinance, and additionally, shall
require public notice.
