[1-23-2019 by Ord. No.
1128-18]
Before a construction permit or certificate of occupancy shall
be issued for any conditional use as permitted by this chapter, application
shall be made to the Planning Board for conditional use approval (N.J.S.A.
40:55D-67). The review by the Planning Board of a conditional use
shall include site plan review pursuant to this chapter. Public notice
and a hearing shall be required as stipulated and in accordance with
Section 300 of this chapter.
A. General Requirements. A development parcel may contain more than
one use, provided each of the uses is either a permitted or conditional
use permitted in the zoning district, and site plan approval is obtained
from the Planning Board.
B. Requirements for Specific Uses.
1. Public Utility Uses:
a. For purposes of this chapter, the term "public utility uses" shall
include such uses as telephone equipment centers, power substations
and other utilities serving the public, such as sewage treatment plants,
but shall exclude dumps and sanitary landfills.
b. The proposed installation in a specific location must be necessary
for the satisfactory provision of service by the utility to the neighborhood
or area in which the particular use is located.
c. The design of any building in connection with such facilities must
not adversely affect the safe, comfortable enjoyment of property rights
in the surrounding area.
d. Adequate fences and other safety devices must be provided as may
be required. Fences, when used to enclose public utility facilities
such as electrical power substations, shall be built in accordance
with the applicable requirements of the New Jersey Board of Public
Utility and the National Electrical Code in effect at the time of
the construction.
e. Landscaping, including shrubs, trees and lawns, shall be provided
and maintained.
f. Off-street parking shall be provided as determined by the Planning
Board during site plan review.
2. Car Washes:
a. The minimum lot size for a car wash shall be 24,000 square feet,
the minimum frontage shall be 120 feet and the minimum lot depth shall
be 200 feet. The front yard minimum shall be 40 feet and the side
and rear yard minimums shall be 20 feet.
b. All mechanical activities must be conducted within a totally enclosed
building.
c. Off-street parking shall be provided in accordance with § 17-608B(2).
All vehicle entrances shall be from the rear of the building, and
all parked and waiting vehicles shall be accommodated on the lot.
Entrance access driveways shall not be located within 300 feet of
the intersection of any two street lines or within 10 feet of any
lot line.
d. One sign shall be permitted, either freestanding or attached, not
exceeding an area equivalent to 5% of the first-floor portion of the
front facade or 50 square feet, whichever is smaller. Freestanding
signs shall be set back at least 10 feet from all street and lot lines.
e. No car wash shall be located within 200 feet of any firehouse, school,
playground, church, hospital, public building or institution. A minimum
fifty-foot setback is required between any building or driveway on
a lot utilized for a car wash and adjacent to any residential use
or district.
f. Development of car washes is subject to the building controls of
the other area, yard, building coverage, height, and general requirements
of the respective zone and other applicable requirements of this chapter.
3. Senior Citizen Housing:
a. Senior citizen housing is also known as the following in accordance
with Section 200 of this chapter:
(2)
"Age-restricted housing."
(3)
"Assisted living facility."
(4)
"Congregate senior residence."
(5)
"Independent living facility."
(6)
"Nursing home or nursing facility."
b. The maximum residential density shall not exceed 10 dwelling units
per gross acre.
c. No dwelling unit shall contain more than two bedrooms.
d. The maximum building height shall be the lower of 2 1/2 stories
or 35 feet from TOC.
e. Off-street parking shall be provided in accordance with § 17-608B(2).
f. Individual dwelling units shall meet or exceed minimum design requirements
in accordance with N.J.A.C. 5.28-1.11 and applicable codes of the
City of Wildwood, whichever is more stringent.
g. Prior to any City approval, the following prerequisites shall have
been accomplished:
(1)
Verification that there are adequate utility services and support
facilities for the project, including existing and/or proposed transit
and commercial establishments serving everyday needs, within a one-mile
walking distance of the proposed site.
(2)
Assurance that the occupancy of such housing will be limited
to households, the single member of which, or either the husband or
wife of which, or both, or any of a number of siblings or unrelated
individuals of which, or a parent of children of which is/are 62 years
of age or older, or as otherwise defined by the Social Security Act, as amended, except that this provision shall not apply
to any resident manager on the premises.
(3)
Verification of preliminary approval of the project by any state
or federal agency which finances or assists the financing or operation
of such housing.
h. All other applicable requirements of this chapter must be met.
4. Automobile Service Stations/Automobile Repair Facilities:
a. Automotive service stations, garages and car washes shall only have
frontages along Rio Grande Avenue or New Jersey Avenue.
b. The minimum lot size for the above-referenced use as defined in §
17-201 herein shall be 16,000 square feet, and the minimum frontage and depth shall be 100 feet each. The front yard minimum shall be 30 feet, the side yard minimum shall be 25 feet, and the rear yard minimum shall be 15 feet.
c. No service station shall be located within 200 feet of any firehouse,
school, playground, church, hospital, public building or institution.
A minimum fifty-foot setback is required between any building on a
lot utilized for a service station and adjacent to any residential
use or district.
d. All appliances, pits, storage areas and trash facilities, other than
gasoline filling pumps or air pumps, shall be within a building. Gasoline
filling pumps and air pump stations shall be a minimum of 20 feet
apart. All lubrication, repair or similar activities shall be performed
in a fully enclosed building, and no dismantled parts shall be displayed
outside of the enclosed building.
e. No junked motor vehicle or parts thereof shall be permitted on the
premises of any service station. Moreover, no more than six motor
vehicles maybe located upon any service station premises outside of
a closed or roofed building, in a screened area to the rear of the
service station, for a period of time not to exceed 15 days, providing
that the owners of said vehicles are awaiting their repair.
f. Landscaping shall be provided in the front yard area end shall be
reasonably distributed throughout the entire front yard area.
g. The exterior display and parking of motor vehicles, trailers, boats
or other similar equipment for sale shall not be permitted as part
of a service station.
h. Service stations shall provide off-street parking in accordance with
§ 17-608B(2). Such spaces shall be separated from the driveway
and general apron areas which give access to the gasoline, air pumps
and service areas. No designated parking space shall obstruct access
to such facilities. No parking shall be permitted on unpaved areas
or within five feet of any property line. Driveways shall be a minimum
of 10 feet from all lot lines, street intersections and other driveways
on the same lot.
i. Service stations may be permitted one freestanding sign and one sign
attached flat against the building. The freestanding sign shall not
exceed an area of 60 square feet and shall be set back at least 10
feet from all street rights-of-way and lot lines. The attached sign
shall not exceed 25% of the area of the face of the wall upon which
such sign is attached. Both the freestanding and building-attached
signs may be either lighted or unlighted.
5. Commercial Parking Lots and Garages:
a. A minimum lot size for a commercial parking lot or garage shall be
8,000 square feet with a minimum depth of 80 feet and a minimum frontage
of 80 feet.
b. All parking spaces shall be striped, and the standards set forth in §
17-608 must be completely adhered to; however, any driveway access or curb cut shall not exceed 30 feet.
c. All parking areas must be set back a minimum of six feet from any street or property line. A screen of plantings shall be provided between the parking area and any lot line and shall be maintained so as not to overhang off lot or into a designated parking area. At a minimum, a screen planting of evergreen material not less than three feet in height of species native to the southern New Jersey barrier islands environment shall be used to form an effective screen. The site triangle, as defined in §
17-201, for all driveways shall not be violated by any plantings.
d. No other activities or uses except for a public telephone or a licensed
vending machine shall be permitted on site.
e. All other area, yard, coverage, height and general requirements of
the respective zone and other applicable requirements of the chapter
must be met.
f. No construction permit shall be issued for any new parking lot designed
for four or more vehicles, or for an addition to an existing parking
lot until the site plan has been reviewed and approved by the Planning
Board.
6. Water-Oriented Uses:
a. Principal uses which meet the definition of "water-oriented" uses pursuant to §
17-201 shall be permitted in the "MC-R" and "MC-T" Districts, subject to review by the Planning Board for a determination of the appropriateness of the proposed use. Said uses must serve the general public and shall be of a commercial type.
b. The requirements of the respective zone and other applicable requirements
of this chapter must be met except that the yard adjacent to the water
may be reduced to four feet and further that any structure, either
attached or unattached, that extends beyond the setback area on the
water side of the lot may do so if said structure is necessary for
the operation of the principal use located on the lot.
7. Seasonal Christmas Tree Sales:
a. The annual sale of Christmas trees is permitted between December
1 and December 25, inclusive.
b. All sales area shall be temporarily fenced.
c. All such uses shall provide some form of temporary sanitary toilet
facilities for use by the public. Such facilities shall be located
so as not to be a nuisance to adjoining properties, and shall be screened
and hidden from view to the largest extent possible.
d. Premises used for the sale of Christmas trees shall be cleared and
restored to their prior state by January 10 of the following year.
8. Restaurants
Serving Alcoholic Beverages in the Boardwalk Amusement ( BA), Boardwalk
Amusement 1 (BA-1), and Pier (P) Zones.
[Amended 10-14-2020 by Ord. No. 1172-20]
a. The
restaurant must have a minimum of 150 seats for the service of meals
and shall maintain accessible restroom facilities.
b. Approval
of the transfer of a liquor license to the Boardwalk Amusement (BA),
Boardwalk Amusement 1 (BA-1), or Pier (P) Zoning Districts must be
approved by the Board of Commissioners, in its sole and absolute discretion,
after approval of the conditional use by the Joint Planning and Zoning
Board, which approval shall be subject to the approval of the transfer
of the liquor license. Approval by the Joint Planning and Zoning Board
of the aforementioned conditional use shall not entitle the applicant
to an approval of a license transfer to the BA, BA-1, or P zones,
which may only be granted by the Board of Commissioners in their sole
and absolute discretion.
c. All
outdoor dining areas where alcoholic beverages are served shall be
bordered by fencing, landscaped areas, water features, or other buffers,
as well as signage, which delineate and separate areas where alcoholic
beverages are served from non-service areas.
d. To
the extent not inconsistent with this subsection, all applicable requirements
of the zoning ordinance must be met for all facilities.
9. Additional Requirements for Food Service Establishments Serving Alcoholic
Beverages in the Pier (P) Zoning District.
[Amended 10-14-2020 by Ord. No. 1172-20]
a. Service
of alcoholic beverages shall be limited to designated areas that are
delineated on a plan to be approved by the Zoning and Planning Board.
A single liquor license may authorize service in all areas of a single
property in the Pier (P) Zone, including at a restaurant, in a water
park, and in an adjacent area.
b. No
alcoholic beverages may be removed from the licensed premises by a
patron at any time. No packaged goods sales are permitted.
c. Each
alcoholic service area in the Pier (P) Zone shall have convenient
access to pier-provided restroom facilities for adults and children.
d. Signs
indicating the legal drinking age and that each alcohol service location
will check identification are to be displayed at every outlet where
the public may purchase alcoholic beverages.
e. All
regulations of the Division of Alcoholic Beverage Control and all
regulations contained in the Code of the City of Wildwood, to the
extent not inconsistent with these conditions, shall remain applicable
to all service locations.
10. Outdoor Decks, Patios, and other Seating, Accessory to Restaurants
and Bars:
a.
No outdoor patio shall encompass more than the greater of 40
feet or 50% of the frontage of the building, or portion of the building,
used for the host establishment unless the frontage of such host establishment
is less than 40 feet wide. In such case, the outdoor patio may encompass
the entire frontage of the host establishment, exclusive of proper
entrances and exits.
b.
Each outdoor patio area must be surrounded by a landscape perimeter
barrier, with live vegetation. Planter boxes must be at least two
feet from TOC, and the shrubbery in the planter boxes may not exceed
three feet from TOC.
c.
Only canopies, awnings or umbrellas which are anchored to the
host building are permitted. No permitted canopy or awning shall contain
any advertising material or signage other than the name and/or logo
of the host establishment.
d.
Occupancy by more than one patron per 20 square feet of lawful
outdoor patio area is prohibited.
e.
The site plan application for an outdoor patio must contain
a drawing indicating the type and location of furniture, canopy, awning
or umbrella to be used. All such furniture shall be uniform. Said
drawing shall also illustrate how service is to be rendered to all
areas of the outdoor patio. Service may only be from inside the host
establishment.
f.
The site plan application to be submitted shall depict and specify
the number of entrances to the outdoor patio from the public right-of-way,
which shall be limited to one entrance for every 40 feet of patio
frontage. Such entrances may not exceed six feet in width.
g.
No service of alcoholic beverages is permitted in any outdoor
patio for off-premises consumption.
h.
No sign shall be permitted to be affixed to any portion of the
outdoor patio, nor may any sign extend beyond the perimeter of the
outdoor patio or extend from the host establishment or any adjacent
building over the patio area.
i.
No outdoor patio may be used for the display or location of
merchandise, advertising materials or vending machines.
j.
All outdoor patio furniture shall be removed from the outdoor
patio area when the outdoor patio is not open for business, whether
by operator's choice, inclement weather or due to permitted hours
of operation. In the alternative, the outdoor patio area may be closed
off by the use of a landscape perimeter barrier as described above
or by a decorative cord or chain.
k.
No outdoor table, equipment or other accessory object shall
extend into the public right-of-way.
l.
Such outdoor patio seating shall be limited to not more than
20% of the total seating for the establishment.
11. Community Residences and Community Shelters:
a.
Any community residence for the developmentally disabled or
community shelter for victims of domestic violence that houses more
than six persons, excluding resident staff, shall require conditional
use approval for the use or conversion to use a dwelling unit for
such shelter or residence.
b.
In no case shall more than 15 persons, excluding resident staff,
occupy any community residence or community shelter.
c.
The minimum area and yard requirements applicable to the particular
zoning district, each shall be increased by 16.67% for each person
housed in the community residence or community shelter over and above
the six persons noted hereinabove.
d.
No community residence for the developmentally disabled or community
shelter for victims of domestic violence occupied by more than six
persons shall be located within 1,500 feet of an existing community
residence or community shelter.
e.
Conditional use approval shall not be granted if the total number
of persons, other than resident staff, residing at such community
residences or community shelters exceeds 50 persons or 0.5% of the
population of the City, whichever is greater.
f.
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.
g.
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.
(3)
Community residences or community shelters shall resemble single-family
detached dwellings in appearance.
h.
All community residences or community shelters shall have three-fourths
parking space 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. The Planning Board may, in its discretion, require more
parking spaces than three-fourths per resident or may, if the evidence
so warrants, waive strict adherence to this standard. Sufficient off-street
area is to be provided for the pickup and discharge of occupants by
vans or other vehicles servicing the residents.
i.
All of the other area, yard, building coverage, height and general
requirements of the respective zone and other applicable requirements
of this chapter must be met.
12. Multifamily
Dwellings in the Residential Multifamily (RM) Zone shall conform to
the following conditions:
[Added 3-22-2023 by Ord. No. 1254-23]
a.
Principal Buildings shall conform to all standards of § 17-412D5c.
b.
Accessory Structures shall conform to all standards of § 17-412D5d.
c.
Street Level Uses for Multi-Family Residential Buildings:
(1)
Buildings shall have a street level floor on the street frontage
that is located at or near the elevation of the public sidewalk. This
portion of the building shall contain active residential space or
accessory uses necessary for the operation of the building or the
common convenience of the residents. Such uses may include, but are
not limited to, a lobby, mailroom, exercise common space and cafe.
The following requirements apply:
i.
If used to house common elements of the residential use, the
street level floor shall be permitted to project forward beyond the
upper floors of the building, but shall be located no closer than
one foot to the street line.
ii.
The primary building access shall be located at the street level
floor portion of the building.
iii. Utility and non-active spaces shall not be located
at street level along the street frontages of Arctic Avenue, New Jersey
Avenue or Park Boulevard.
d.
Balconies and Roof Decks:
(1)
Upper floor balconies shall project no more than five feet from
the upper building facade, and shall not be located closer than five
feet to a property line.
(2)
Balconies shall have a roof.
(3)
Roof decks are required on the primary roof and shall have an
area of no less than 25%, but shall not exceed 50% of the total primary
roof area.
(4)
Roof decks shall be set back from the facade no less than five
feet.
(5)
No pole-mounted lighting is permitted on balconies or roof decks.
(6)
Green roof elements shall be incorporated having an area of
no less than 25% of the total primary roof area.
e.
Rooftop Mezzanine/Access:
(1)
Rooftop mezzanines are permitted above the top floor to provide
access to the roof (such as to a roof deck) or as part of the building
systems, subject to the following requirements:
i.
The total area of all mezzanines shall not exceed 25% of the
total area of the primary roof;
ii.
Shall not exceed a height of 10 feet above the elevation of
the primary roof. The height of a mezzanine shall be measured from
the elevation of the lowest point of the roof, and;
iii. Shall not contain sleeping quarters.
f.
Signs:
(1)
Signs shall be permitted pursuant to § 609.
g.
Off-Street Parking:
(1)
Off-street parking shall be accessed via a common driveway/entrance.
(2)
Common driveways/parking lot entrances shall not exceed a width
of 18 feet where not adjacent to parking spaces or required for vehicle
maneuvering.
(3)
Vehicular access to off-street parking shall not be permitted
from Arctic Avenue, New Jersey Avenue or Park Boulevard.
(4)
Off-street parking that is located within the building envelope
shall be enclosed with elements, materials and design common to the
architecture of the building, including a door(s)/gate(s) at the point
of vehicular access. The design of building materials and elements
may be modified to provide sufficient ventilation such that mechanical
ventilation is not necessary. Parking shall be fully screened from
all street frontages.
(5)
Where off-street parking is not enclosed within a building,
a masonry wall having a minimum height of five feet shall be provided
sufficient to provide a visual screen. The wall shall have elements,
materials and design common to the architecture of the building including
a gate(s) at the point of vehicular access. The wall may be located
within six inches of the property line.
(6)
Bicycle parking shall be provided at a rate of two spaces per
dwelling unit within a common, roofed, weather-protected location
that is on the ground floor.
h.
Transformers, Utility Meters and HVAC Equipment:
(1)
All utility meters and HVAC equipment shall be fully screened
from adjacent streets and adjacent properties. If located on the roof,
equipment shall be screened from the primary street through integration
within architectural elements of the building.
(2)
Transformers shall not be located on a primary street frontage
and shall be located to minimize visual impact on public street frontage.
13. Multifamily Dwellings in the Tourism (T) Zone. Multifamily dwellings in the Tourism (T) Zone that are not located within a mixed use (as defined in §
17-201) building shall conform to the following conditions:
[Added 3-22-2023 by Ord. No. 1254-23]
a.
Principal buildings shall conform to all standards of § 17-413C5a.
b.
Accessory structures shall conform to all standards of § 17-413C5b.
c.
Multifamily dwellings shall not consist of efficiency or studio
apartments.
d.
Buildings shall have a street level floor on the street frontage
that is located at or near the elevation of the public sidewalk. This
portion of the building shall contain active residential space or
accessory uses necessary for the operation of the building or the
common convenience of the residents. Such uses may include, but are
not limited to, a lobby, mailroom, exercise common space and cafe.
The following requirements apply:
(1)
If used to house common elements of the residential use, the
street level floor shall be permitted to project forward beyond the
upper floors of the building, but shall be located no closer than
one foot to the street line.
(2)
The primary building access shall be located at the street level
floor portion of the building.
(3)
Utility and non-active spaces shall not be located at street
level along the street frontage.
e.
Balconies and Roof Decks:
(1)
Upper floor balconies shall project no more than five feet from
the upper building facade, and shall not be located closer than five
feet to a property line.
(2)
Balconies shall have a roof.
(3)
Roof decks are required on the primary roof and shall have an
area of no less than 25%, but shall not exceed 50%, of the total roof
area.
(4)
Roof decks shall be set back from the facade no less than five
feet.
(5)
No pole-mounted lighting is permitted on balconies or roof decks.
(6)
Green roof elements shall be incorporated having an area of
no less than 25% of the total primary roof area.
f.
Rooftop Mezzanine/Access:
(1)
Rooftop mezzanines are permitted above the top floor to provide
access to the roof (such as to a roof deck) or as part of the building
systems, subject to the following requirements:
i.
The total area of all mezzanines shall not exceed 25% of the
total area of the primary roof;
ii.
Shall not exceed a height of 10 feet above the elevation of
the primary roof. The height of a mezzanine shall be measured from
the elevation of the lowest point of the roof, and;
iii. Shall not contain sleeping quarters.
g.
Signs:
(1)
Signs shall be permitted pursuant to §
17-609.
h.
Off-Street Parking:
(1)
Off-street parking shall not be permitted within a front yard.
(2)
Off-street parking shall be accessed via a common driveway/entrance.
(3)
Common driveways/parking lot entrances shall not exceed a width
of 18 feet where not adjacent to parking spaces or required for vehicle
maneuvering.
(4)
Vehicular access to off-street parking shall not be permitted
from Atlantic Avenue or Ocean Avenue.
(5)
Off-street parking that is located within the building envelope
shall be enclosed with elements, materials and design common to the
architecture of the building, including a door(s)/gate(s) at the point
of vehicular access. The design of building materials and elements
may be modified to provide sufficient ventilation such that mechanical
ventilation is not necessary. Parking shall be fully screened from
all street frontages.
(6)
Where off-street parking is not enclosed within a building,
a masonry wall having a minimum height of five feet shall be provided
sufficient to provide a visual screen. The wall shall have elements,
materials and design common to the architecture of the building including
a gate(s) at the point of vehicular access. The wall may be located
within six inches of the property line.
(7)
Bicycle parking shall be provided at a rate of two spaces per
dwelling unit within a common, roofed, weather-protected location
that is on the ground floor
i.
Transformers, Utility Meters and HVAC Equipment:
(1)
All utility meters and HVAC equipment shall be fully screened
from adjacent streets and adjacent properties. If located on the roof,
equipment shall be screened from the primary street through integration
within architectural elements of the building.
(2)
Transformers shall not be located outdoors on the street frontage
of Atlantic Avenue or Ocean Avenue and shall be located to minimize
visual impact on public street frontage.
[1-23-2019 by Ord. No.
1128-18]
A. Public Election Voting Places. The provisions of this chapter shall
not be construed as to interfere with the temporary use of any property
as a voting place in connection with a municipal or other public election.
B. Public Utility Lines. Public utility lines for the transportation
and distribution and control of water, electricity, gas, oil, steam,
telegraph and telephone communications, and their supporting members,
other than buildings or structures, shall not be required to be located
on a lot nor shall this chapter be interpreted as to prohibit the
use of a property in any zone for the above uses.
C. Bus Shelters. The provisions of this chapter shall not be construed
as to interfere with the placement and location use of any bus/trolley
stop shelter, provided that the placement of said shelter is within
the right-of-way of City/county streets and of a design and location
is approved by City administration. Furthermore, bus/trolley stops
may only be located along designated NJ Transit bus routes and designated
trolley routes.
[1-23-2019 by Ord. No.
1128-18]
A. An additional dwelling unit may be created on lots in the R-1, R-2,
R-3, RM, WR, WR-1, and MC-R Districts by the addition of an accessory
apartment within a single-family dwelling on a lot which meets all
the requirements specified herein.
B. The requirements for lot frontage, width, depth, coverage and all
setbacks shall be as required for a single-family dwelling in the
zone.
C. Accessory apartments within a single-family dwelling shall provide
off-street parking in accordance with § 17-608B(2).
D. Adequate sewage disposal and water supply shall be provided as approved
by the Cape May County Board of Health.
E. An accessory apartment shall be no larger than 25% of the net habitable
floor area of the dwelling unit and a minimum of 500 square feet.
F. An accessory apartment shall have at least two rooms and shall have
sanitary facilities, cooking facilities and a kitchen sink for the
exclusive use of its occupants.
G. Each and every dwelling unit shall have direct access to the outdoors
or to a hall from which there is direct access to the outdoors.
H. Any application for creation of an apartment involving the enlargement
of an existing dwelling shall be evaluated in terms of the need for
adequate space for the apartment and remaining residential unit, and/or
creation of adequate facilities for both units, and/or adequate access
to both units. In any case, the area of the accessory apartment shall
be no more than 25% of the net habitable floor area of the existing
building. Before a construction permit or certificate of occupancy
shall be issued for any creation of an apartment involving the enlargement
of an existing dwelling, application shall be made to the Planning
Board for a conditional use as permitted by this chapter. The review
by the Planning Board of a conditional use shall include any required
site plan review pursuant to this chapter.
[1-23-2019 by Ord. No.
1128-18]
Lot and yard dimensions encompassing individual townhouse dwelling
units may be freely disposed and arranged on a tract of land, provided
they are superimposed upon an approved site plan for the subject development.
Additionally, the following provisions shall be met:
A. The boundaries of any lot shall not infringe upon any common open
space land areas, nor shall the boundaries of any lot be closer than
five feet to any driveway or parking lot area.
B. No lot line shall be located closer than 15 feet from any tract property
line nor closer than 10 feet from any street.
C. No construction permit shall be issued for any townhouse dwelling
unit, at any time, unless the proposed construction is in accordance
with the approved site plan, and this condition shall be recited in
the deed of the subdivided townhouse lot.
[1-23-2019 by Ord. No.
1128-18]
No townhouse or apartment dwelling unit shall be constructed
in the City, except for the MC-R Zone, unless the dwelling is part
of an approved site plan and unless the following minimum standards
are met in addition to other applicable requirements of this chapter:
A. Each building and complex of buildings shall have an architectural
theme with appropriate variations in design to provide attractiveness
to the development; compatible within the development and in relation
to adjacent land uses. Such variations in design shall result from
the use of landscaping and the orientation of buildings to the natural
features of the site and to other buildings as well as from varying
unit widths, using different exterior materials, changing rooflines
and roof designs, varying building heights and changing window types,
shutters, doors, porches and exterior colors. Architectural elevations
shall be submitted to the Board for review and approval.
B. All dwelling units shall be connected to approved, functioning water
and sanitary sewer systems prior to the issuance of a certificate
of occupancy.
C. All parking facilities shall be on the same site/lot as the building and located within 150 feet of the nearest entrance of the building they are intended to serve. Parking spaces shall be provided in areas designed specifically for parking, and there shall be no parallel or diagonal parking along interior streets. Townhouse or apartment dwellings shall provide off-street parking in accordance with § 17-608B(2). Each car garage space shall together be considered one parking space; provided that the driveway is dimensioned to park a car off-street in accordance with the definition of "parking space" in §
17-201 of this chapter.
D. No outside area or equipment shall be provided for the hanging of
laundry or the outside airing of laundry in any manner. Sufficient
area and equipment shall be made available within each building for
the laundering and artificial drying of the laundry of the occupants
of each building.
E. Dwelling units shall have access to a master television antennas
system, and individual townhouse units may not erect individual external
television antennas.
F. Each unit shall have the following minimum net habitable floor areas:
1. Units shall meet the minimum requirements in accordance with §
17-411R and §
17-411S. No townhouse dwelling unit shall be less than 20 feet
wide.
Apartments
(square feet)
|
Townhouses
(square feet)
|
---|
Efficiency: 350
|
|
1-bedroom: 550
|
1-bedroom: 700
|
2-bedroom: 800
|
2-bedroom: 950
|
3-bedroom: 1,050
|
3-bedroom: 1,200
|
4-bedroom: 1,300
|
4-bedroom: 1,459
|
G. For each apartment unit, in addition to any storage area contained
inside individual dwelling units, there shall be provided for each
dwelling unit 250 cubic feet of storage area in a convenient, centrally
located area in the cellar, basement or ground floor of the building
where personal belongings and effects may be stored without constituting
a fire hazard and where said belongings and effects may be kept locked
and separated from the belongings of other occupants.
H. Adequate trash and garbage pickup stations shall be provided within
a totally enclosed container located in a manner to be obscured from
view from parking areas, streets and adjacent residential uses by
a fence, wall, planting or combination of the three screenings.
I. Each apartment or townhouse development may have one sign along each
public street which the tract in question abuts, provided there exists
at least 250 feet of unbroken frontage. Such signs shall not exceed
10 feet in height, shall be set back from the street rights-of-way,
property lines, and driveways at least 10 feet and shall not exceed
an area of 25 square feet and shall be used to display the development's
name.
[1-23-2019 by Ord. No.
1128-18]
A. In 2002, the governing body undertook the statutory process to declare
the City's former municipal landfill, then known as the "Bayshore
Village" section of Wildwood, to be an area in need of redevelopment
under the State of New Jersey's Local Redevelopment and Housing Law.
The Bayside Area was formally declared to be in need of redevelopment
in July 2002, and a redevelopment plan was adopted in August of that
year. (Note: N.J.S.A. 40A:12A-1 et seq.)
B. That original plan was subsequently updated with the "Amended and
Restated Bayside Area Redevelopment Plan" (Ordinance 1109-18) in June
of 2018.
[1-23-2019 by Ord. No.
1128-18]
A. Wireless telecommunications towers and antennas are defined in §
17-201. Wireless telecommunications towers and antennas shall be permitted as conditional uses as follows:
1. New wireless telecommunications towers and antennas shall be permitted
as conditional uses in zones designated as MC-T, REC, LI, RM, H/M-1,
H/M, and T/E within City of Wildwood; on quasi-public and municipally
owned properties; and on municipally owned water towers. Such facilities
shall be subject to the conditions set forth in this section. The
Planning Board shall review and approve the site plan for any new
wireless telecommunications facility.
2. Wireless telecommunications towers and antennas shall be expressly
prohibited in the zones designated R-1, R-2, R-3, WR, WR-1, MC-R,
GC, BA, B, P, PO, BSRA, and C.
B. Preexisting towers and antennas. Wireless telecommunications facilities
that existed on the date of the adoption of this section (nonconforming
wireless telecommunications towers) are subject to the following provisions:
1. Nonconforming wireless telecommunications towers may continue in
use for the purpose now used, but may not be expanded (i.e., by increasing
size or height or by adding additional users) without complying with
this section.
2. Nonconforming wireless telecommunications towers which are partially
damaged or destroyed due to any reason or cause may be repaired and
restored to their former use, location and physical dimensions subject
to obtaining a building permit therefor, but without otherwise complying
with this section. However, should the destruction or damage be determined
by the City of Wildwood Zoning Board and/or Zoning Official to be
of such an extent that it is beyond the scope and intent of the "partial
destruction" clause of N.J.S.A. 40:55D-1 et seq., then repair or restoration
will require compliance with this section.
3. The owner of any nonconforming wireless telecommunications tower
may repair, rebuild, or upgrade in order to improve the structural
integrity of the facility, to allow the facility to accommodate co-located
antennas or facilities on existing platforms, or to upgrade the facilities
to current engineering, technological or communications standards
without having to conform to the provisions of this section.
4. All towers must meet or exceed current standards and regulations
of the FAA, the FCC, and any other agency of the state or federal
government with the authority to regulate towers and antennas. If
such standards and regulations are changed, then the owners of the
towers and antennas governed by this section shall bring such towers
and antennas into compliance with such revised standards and regulations
within six months of the effective date of such standards and regulations,
unless a different compliance schedule is mandated by the controlling
state or federal agency. Failure to bring towers and antennas into
compliance with such revised standards and regulations within the
required time frame shall constitute grounds for the immediate removal
of the tower or antenna at the owner's expense.
C. General Requirements for Towers and Antennas.
1. All local communications facilities subject to the provisions herein located within the City of Wildwood must obtain a coastal permit as defined in §
17-201, pursuant to any of the following statutes: the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1 et seq., the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq., or the Waterfront Development Law, N.J.S.A. 12:5-3, as applicable.
2. Locational Priority. If needed in accordance with this section for
the provision of full wireless telecommunications services within
the City of Wildwood area, wireless telecommunications towers, where
permitted as a conditional use in accordance with Subsection A1 and
2 above, shall be located in accordance with the following locations:
a. Existing Towers. The first-priority location shall be co-location
on existing telecommunications towers; provided, however, that locations
which meet this criteria shall be subject to the design and citing
components of this section, and co-location sites shall not become
antenna farms or otherwise be deemed by the Planning and/or Zoning
Board as well as City Commission to be visually obtrusive.
b. Publicly Used Structures. The second-priority location shall be on
land or structures owned by, in order of specific preference, City
of Wildwood; the Board of Education of the City of Wildwood; quasi-governmental
units of the City of Wildwood, the County of Cape May; the State of
New Jersey; any other state, county or local governmental agencies
or bodies. These publicly used structures are preferred locations
throughout the City of Wildwood because they appear in many zoning
districts, are disbursed throughout the City of Wildwood and, due
to their institutional or infrastructure uses, are generally similar
in appearance to, or readily adaptable for, telecommunications facilities.
Therefore, telecommunications facilities should be less noticeable
when placed on publicly used structures than when placed on a commercial
structure. Publicly used structures include, but are not limited to,
facilities such as municipal buildings, police or fire stations, schools,
libraries, community centers, civic centers, utility structures, water
towers, elevated roadways, electrical transmission towers, bridges,
flagpoles, clock or bell towers and light electrical poles.
c. The third-priority location shall be wholly industrial/commercial
structures such as warehouses, factories, retail outlets, supermarkets
and high-rise structures, particularly where existing visual obstructions
or clutter on the roof or along a roofline can and will be removed
as part of the installation of the telecommunications facility.
d. The fourth-priority location shall be such locations as the applicant
proves are essential to provide required service to the City of Wildwood.
3. The total number of local communications facilities in the municipality
shall be the minimum necessary to provide adequate service. As such,
no application for construction of a local communications facility
shall be approved until the applicant has demonstrated that there
is a need for the facility and that there is no such existing, suitable
facility within the service area that could be utilized. Citation
by a recognized radio frequency (RF) engineer in a certified plan
shall be evidence of the general need in the areas but not as to a
specific site.
4. Within the City of Wildwood, all new local communications facility
towers shall be located within the area consistent with a demonstrated
service need for the facility, as provided by a recognized radio frequency
(RF) engineer, but in no case beyond a radius of the area specified
in a documented report by the applicant. The applicant will initially
determine and demonstrate a technically feasible search area for this
demonstrated-need radius.
5. If the search area crosses the boundaries of the City of Wildwood,
the applicant shall seek to site the facility in accordance with this
section. This policy requires the following order of preferences:
a. Outside the city limits of the City of Wildwood.
b. Within the City of Wildwood, and in accord with the locational priorities
established in Subsection C2 above. On developed, publicly owned lands
extended from 500 feet of an existing telecommunications structure,
provided that the facility will be located on previously disturbed
lands that have not subsequently been restored and that no facility
will be located on state, county or municipal conservation lands,
state recreation lands or county and municipal lands used for low-intensity
recreational purposes.
c. On the parcel of an existing police, municipal public works, first
aid or fire station, pending the execution of lease or share-use agreement
with said owner of parcel.
d. On the parcel of an existing landfill, provided that the facility
will be located on previously disturbed lands that have not subsequently
been restored, pending the execution of lease or share-use agreement
with said owner of parcel.
e. In the event that more than one of the sites listed above exists
within an area authorized for a new local communications facility
tower, the applicant shall be required to address how such sites relate
to the locational priorities in Subsection C2 above.
6. Local communications facilities shall be developed in accordance
with the following visual standards to the extent feasible and consistent
with other provisions contained herein. These standards require that:
a. Such facilities shall minimize visual impacts as viewed from publicly
dedicated roads and highways and from other areas frequented by the
public by, in order of decreasing priority. Such facilities shall
avoid, to the maximum extent practicable, any direct line of sight
from the public beach or bay waters.
b. Such facilities shall minimize visual impacts as viewed from existing
residential dwellings located on contiguous parcels adjacent to designated
zones through adherence to the buffer and setback requirements established
elsewhere in this section.
c. Such facilities shall minimize visual impacts as viewed from public
in accordance with the Coastal Area Facility Review Act (CAFRA), N.J.S.A.
13:19-1 et seq., and/or the Waterfront Development Law, N.J.S.A. 12:5-3,
as applicable.
7. If multiple sites for new towers that meet all other qualifications
are available, the site with the least visual impact should be selected;
if only a single qualifying site is available, the best location on
the site that meets all other standards must be used.
D. Design and Construction.
1. The design and construction of a new local communications facility
towers shall adhere to the provisions of the Coastal Area Facility
Review Act (CAFRA), N.J.S.A. 13:19-1 et seq. and/or the Waterfront
Development Law, N.J.S.A. 12:5-3, as applicable, regarding setbacks
from scenic corridors and in environmentally sensitive areas.
2. To the extent feasible and consistent with other provisions contained
herein, towers shall be painted in accordance with Subsection R so
as to reduce visual obstructiveness, subject to any applicable standards
of the FAA.
3. At a tower site, the design of the buildings and related structures
on ground level shall, to the extent possible, use material, colors,
textures, screening and landscaping that will blend them into the
natural setting and surrounding buildings.
E. Collocation Policy.
1. Prior to any co-location on any cell tower, the applicant shall first
provide the City of Wildwood with the right of first refusal for the
installation of public safety equipment necessary to the functioning
of the City of Wildwood's telecommunications network.
2. Each applicant for a new telecommunications tower shall present documentary
evidence regarding the need for wireless antennas within the City
of Wildwood, in accordance with Subsection C3 herein. This information
shall identify the wireless network layout and coverage areas to demonstrate
the need for such equipment within the City of Wildwood.
3. An applicant proposing to erect a new wireless telecommunications
tower shall provide documentary evidence that a legitimate attempt
has been made to locate the antennas on existing buildings, structures
or co-locations sites. Such evidence shall include a radio frequency
engineering analysis of the potential suitability of existing buildings,
structures or co-location sites in the search area for such antennas.
Efforts to secure such locations shall be documented through correspondence
between the wireless telecommunications provider and the property
owner(s) of the existing building, structures or co-location sites.
The City of Wildwood reserves the right to engage a professional radio
frequency engineer, under a professional services agreement, to review
such documentation. The cost of such review shall be paid from escrow
funds supplied by the applicant.
4. Applicants proposing to construct new telecommunications towers shall
document the locations of all existing telecommunications towers within
the City of Wildwood and surrounding areas outside the boundaries
of the City of Wildwood, with coverage in the City of Wildwood, as
well as any changes proposed within the following twelve-month period,
including plans for new locations or the discontinuance or relocation
of existing facilities. Applicants shall provide competent testimony
by a radio frequency engineer, regarding the suitability of potential
locations in light of the design of the wireless telecommunications
network. Where a suitable location on an existing tower is found to
exist, but an applicant is unable to secure an agreement to co-locate
its equipment on such tower, the applicant shall provide written evidence
of correspondence with the owner of such tower verifying that suitable
space is not available on the existing tower(s). Where an applicant
seeking to construct a new tower is not a wireless service provider,
the applicant shall prove that adequate wireless telecommunications
services, sufficient to meet the requirements of the Federal Telecommunications
Act of 1996, as amended (hereinafter "FTA"), cannot be provided without
the proposed tower.
F. Site Location Alternative Analysis. Each application shall include
a site location alternative analysis describing the location of other
sites considered, the availability of those sites, the extent to which
other sites do or do not meet the provider's service or engineering
needs and the reason why the subject site was chosen. The analysis
shall address the following issues:
1. How the proposed location of the telecommunications tower relates
to the objective of providing full wireless communications services
within the City of Wildwood area.
2. How the proposed location of the telecommunications tower relates
to the location of any existing antennas within and near the City
of Wildwood area.
3. How the proposed location of the telecommunications tower relates
to the anticipated need for additional antennas within and near the
City of Wildwood area by the applicant and by other providers of wireless
communications services within the City of Wildwood area.
4. How the proposed location of the telecommunications tower relates
to the objective of co-locating the antennas of many different providers
of wireless communications services on the same wireless telecommunications
tower.
5. How its plans specifically relate to, and are coordinated with, the
needs of all other providers of wireless communications service within
the City of Wildwood area.
G. State or Federal Requirement. All towers must meet or exceed current
standards and regulations of the FAA, the FCC and any other agency
of the state or federal government with the authority to regulate
towers and antennas. If such standards and regulations are changed,
the owners of the towers and antennas governed by this section shall
bring such towers and antennas into compliance with such revised standards
and regulations within six months of the effective date of such standards
and regulations, unless a different compliance schedule is mandated
by the controlling state or federal agency, in which case the latter
scheduling will control. Failure to bring towers and antennas into
compliance with such revised standards and regulations shall constitute
grounds for the removal of the tower or antenna at the owner's expense.
H. Safety Standards/Building Codes. To ensure the structural integrity
of towers, the owner of a telecommunications facility shall ensure
that it is maintained in compliance with standards contained in applicable
local building codes and the applicable standards for such telecommunications
facilities, as amended from time to time and as may be published by
the Electronics Industries Association, or such other agency or association
having expertise in the field. Owners of towers shall conduct periodic
inspections of such facilities at least once every year to ensure
structural integrity; said inspection shall be conducted by a qualified,
independent engineer licensed to practice in the State of New Jersey,
and the results of such inspection shall be provided, by way of written
report, to the City of Wildwood Commissioners and the Construction
Official of the City of Wildwood. Failure to undertake such inspection
and/or provide the City of Wildwood with the aforementioned report
shall constitute grounds for the removal of the tower or antenna at
the owner's expense.
I. Tower Setbacks. The following setback requirements shall apply to
all ground-level telecommunications towers and antennas; provided,
however, that the Planning and/or Zoning Board may reduce the standard
setback requirements of this section if the goals of this section
would be better served thereby, and in the event any of the following
provisions conflict with one another, then the more strenuous and
stringent standards shall apply:
1. Towers shall meet the setbacks of the underlying zoning district
or 100% of the height of the tower, including all antennas and attachments,
whichever is greater, and the tower does not encroach upon any easements
unless the applicant can demonstrate that a tower failure will have
a lesser impact on the surrounding area.
2. A fall zone shall be established such that the tower is set back
100% of the height of the tower, including all antennas and attachments,
from any adjoining lot line, street right-of-way line, areas used
for public access (including the Boardwalk) or nonappurtenant access
or building, unless the applicant can demonstrate that a tower failure
will have a lesser impact on the surrounding area.
3. Towers shall be set back from the public rights-of-way as shown the
Tax Map of the City of Wildwood by a minimum distance equal to 1.5
times the height of the tower, including all antennas and attachments.
4. Towers shall not be located between a principal structure and a public
street, except that at sites adjacent to public streets or waterways
on all sides, towers may be placed within a side yard abutting a local
street.
5. Towers must be set back a distance equal to 1.5 times the height
of the tower from any off-site residential structure.
6. For antennas attached to the roof or a side-mounted supporting structure
on a rooftop, a setback ratio, at the discretion of the Board, shall
be maintained unless an alternative placement is shown to reduce visual
impact.
7. A tower's setback may be reduced or its location in relation to the
public street may be varied at the discretion of the Board to allow
the integration of a tower into an existing or proposed structure,
such as a church steeple, light standard, attached or on top of an
electrical transmission tower, tower line support device or similar
structure.
J. Lot Size. For purposes of determining whether the installation of
a tower or antenna complies with district development regulations,
including but not limited to setback requirements, lot coverage requirements
and such other requirements, the dimensions of the entire lot shall
control, even though the antennas or towers may be located only on
a portion of such lots.
K. Abandonment and Removal.
1. Abandonment. Any telecommunications tower and equipment which are
not operated for wireless communications purposes for a continuous
period of six months shall be considered abandoned, whether or not
the owner or operator intends to make use of it or any part of it,
and shall be removed by the facility owner at its costs. The owner
of a telecommunications tower and the owner of the property where
the facility is located shall be under a duty to remove the abandoned
telecommunications tower. If such antenna and/or tower are not removed
within 60 days of receipt of notice from the City of Wildwood, notifying
the owner of such abandonment, the City of Wildwood may remove such
tower and/or antenna as set forth below.
a. If the owner of an abandoned tower or antenna wishes to use such
abandoned tower or antenna, the owner must first apply for and receive
all applicable permits and meet all of the conditions of this section
as if such tower or antenna was a new tower or antenna.
2. Removal. When an owner of a telecommunications tower and antenna,
who has been notified to remove same, fails to do so within 60 days
of receipt of notice from the City of Wildwood, notifying the owner
and/or operator of such abandonment and the need to remove same, then
the City of Wildwood may remove such tower and/or antenna and place
a lien upon the property for the cost of removal. If removed by the
owner, a demolition permit shall be obtained and the equipment shall
be removed. Upon removal, the site shall be cleaned, restored and
revegetated to blend with the existing surrounding vegetation at the
time of abandonment. The facility owner shall post a performance bond/surety
at the time that a construction permit is issued for demolition to
cover the cost of tower removal and site restoration. The amount of
the bond shall be calculated by the City Engineer, and shall have
taken into consideration any cost escalation that may be reasonably
anticipated. Any delays by the City of Wildwood in taking action under
this subsection shall not in any way waive the City of Wildwood's
right to take such action.
L. Principal Accessory and Joint Uses.
1. Accessory structures used in direct support of a telecommunications
tower shall be allowed but not be used for offices, vehicle storage
or other outdoor storage.
2. Emergency generators shall be designed to have capacity up to the
maximum design load for all carriers attach to the tower.
3. Mobile or immobile equipment not used in direct support of a telecommunications
facility shall not be stored or parked on the site of the telecommunications
facility.
4. Telecommunications towers may be located on sites containing another
principal use in the same buildable area.
M. Monopole Construction. Monopole tower construction shall be utilized
in all cases except where it can be conclusively demonstrated that
a monopole construction is not suitable for a specific location or
application or that a different type pole is necessary for the co-location
of additional antennas on the tower.
N. Additional Submission Requirements for Conditional Use/Site Plan
Approval. A report from a qualified radio frequency engineer expert
containing the following is required:
1. A description of the tower and the technical and other reasons for
the tower design and height, including cross sections and elevations.
2. Documentation to establish that the tower and foundation has sufficient
structural integrity to withstand ice loading (1/2 inch of radial
ice) with wind, for a minimum of 85 knot winds at the proposed location;
and meets the minimum safety requirements and margins according to
FCC requirements in their current adopted standards and revisions
and also as follows:
a. Tower design in accordance with Electronic Industries Association
Standard TIA/EIA-222-F.
b. American National Standards Institute (ANSI) A58.1 or ASCE-7, whichever
is stricter.
c. Design of tower up to five potential carriers.
d. Tower foundation design to serve capacity of design height of 200
feet with the above subsection taken in account.
3. Indicates the height above grade for all potential mounting positions
for co-located antennas and the minimum separation distance between
antennas.
4. Description of the tower's capacity, including the number and type
of antennas that it can accommodate.
5. Statement detailing current FCC information concerning wireless telecommunications
towers and radio frequency admission standards as well as information
on the projected power density of the proposed facility and how it
meets the FCC standards.
6. A letter of commitment by the applicant to lease excess space on
the tower to other potential users at prevailing rates and standard
terms. The letter of commitment shall be recorded prior to the issuance
of any building permits. The letter shall commit the tower owner and
his successors in interest to this obligation. However, the City of
Wildwood has the first right of refusal to locate public safety equipment
on any tower for consideration before the Planning and/or Zoning Board.
7. Statement of voluntary commitment to allow the City of Wildwood to
locate public safety equipment on any tower, in accordance with design
of the tower's capacity.
8. Cessation of Use. A copy of the relevant portions of a signed lease
which requires the applicant to remove the tower and associated facilities
upon cessation of operations of the site shall be submitted at the
time of the application.
9. Visual Impact Study. A visual impact study, graphically simulating
through models, computer-enhanced graphics or similar techniques the
appearance of any proposed tower and indicating its view from at least
five locations around and within one mile of the proposed wireless
telecommunications tower where the wireless telecommunications tower
will be most visible, shall be submitted. Aerial photographs of the
impact area shall also be submitted.
10. Design Requirement. Telecommunications towers shall prefer the style
of alternative facility design or mounted to a principal structure
or secondary, be a monopole design unless the Board determines that
an alternative design would better blend into the surrounding environment
or is necessary for the co-location of additional antennas on the
tower.
11. Aesthetics. At a tower site, the design of the buildings and related
structures shall, to the extent possible, use materials, colors, textures,
screening and landscaping that will blend the tower and related facilities
to the natural setting and built environment. The towers themselves
shall be of a color appropriate to the tower's locational context
so as to make it as unobtrusive as possible in accordance with this
section, unless otherwise required by the FAA. To the extent that
any local communications facility or its supporting new tower extends
above the height of the vegetation immediately surrounding it, they
shall be painted in accordance with this section.
12. Accessory Utility Buildings. All utility buildings and structures
accessory to a tower shall be architecturally designed to blend in
with the surrounding environment and shall meet the minimum setback
requirements of the underlying zoning district. Ground-mounted equipment
shall be screened from view in accordance with Subsection (13) herein, except where a design of nonvegetative screening
buffer reflects and complements the architectural character of the
surrounding neighborhood. A landscape plan shall be submitted for
review of proposed screening.
O. Landscaping.
1. Landscaping by evergreen plantings or species native to the southern
New Jersey barrier islands environment shall be provided along the
perimeter of a security fence to provide a visual screen or buffer
for adjoining private residential properties and the public right-of-way.
Required front yard setbacks shall be landscaped. Existing on-site
vegetation shall be preserved or improved, and disturbance of existing
topography shall be minimized unless such disturbance would result
in less visual impact of the site to the surrounding area. Any access
road to the local communications facility shall be landscaped or be
oriented in such a way as to preclude a direct view of the facility
from a public venue. The following shall apply:
a. One or more rows of vegetation, at least six feet in height when
planted and capable of forming a visual barrier at least 15 feet in
height within five years of planting.
b. Adjacent to residential zones and recreational areas, an additional
staggered row of deciduous trees no less than two-and-one-half-inch
caliper shall be strategically planted around the tower compound.
c. The screening shall be maintained and replaced as necessary while
the facility is in service.
d. Existing mature tree growth and natural land forms on the site shall
be preserved to the maximum extent possible.
e. Supplemental evergreen plantings shall be planted among mature tree
growth to provide a visual barrier within five years of planting on
sites with existing vegetation. In some cases, such as towers on large
lots, natural growth around the property perimeter may be a sufficient
buffer.
2. The following standards shall apply to clearing and landscaping for
construction of new local communications facilities:
a. Clearing of existing vegetation shall be the minimum necessary to
allow for access to and operation of the facility.
b. Tower facilities shall be landscaped with a buffer of plant materials
that effectively screens the view of the tower compound from all residential
zones, recreational areas or public roadways.
P. Lighting. No lighting is permitted except as follows:
1. Equipment buildings and compounds may have security and safety lighting
at the entrance, provided that the light is attached to the facility,
is focused downward and is on timing devices and/or sensors so that
the light is turned off when not needed for safety or security purposes.
2. No lighting is permitted on a wireless telecommunications tower except
lighting that specifically is required by the FAA, and any such required
lighting shall be focused and shielded to the greatest extent possible
so as not to project towards adjacent and nearby residential properties.
Q. Height. The antenna and any supporting structure shall not exceed
a height that is absolutely necessary to provide service for telecommunications
service.
R. Signs and Advertising. No advertising is permitted on a telecommunications
tower or accompanying facilities. Only informational signs for warning
or equipment information shall be permitted on any portion of a tower
or equipment building. One emergency contact information sign is allowed
to a size only adequately needed to display the necessary information,
and the size is at the discretion of the Board.
S. Fencing and Other Security Devices. Telecommunications towers and
equipment buildings in compounds shall be surrounded with security
features, including an appropriate anti-climbing device or other similar
protective device to prevent unauthorized access to the telecommunications
facilities; and shall be further surrounded with a security fence
not less than six feet high. Additional safety devices shall be permitted
or required as needed, and as approved by the Board as may be necessary.
T. Noise. No equipment shall be operated so as to produce noise in excess
of limits set by New Jersey law or City of Wildwood ordinance, whichever
is stricter. Backup generators shall comply with this section as applicable.
U. Radio Frequency Emissions.
1. The FTA gives the FCC sole jurisdiction over the field of regulation
of radio frequency (RF) emission, and telecommunications towers that
meet the FCC standards shall not be conditioned or denied on the basis
of RF impacts. Applicants shall provide current FCC information concerning
wireless telecommunications towers and radio frequency emissions standards.
Applicants for telecommunications towers shall be required to provide
information on the projected power density of the proposed facility
and how this meets the FCC standards.
2. At annual intervals from the date of the issuance of the conditional
use permit, the applicant shall submit measurement of the noise and
the RF emissions from the local communications facility. Such measurements
shall be made by a qualified technician, which shall certify that
the measurements are within applicable limits.
V. Application Requirements.
1. Preapplication Conference. Early consultation by applicants with
municipal officials and representatives of NJDEP is encouraged so
that all information necessary for an informed decision is submitted
and delays are avoided. As such, prior to submission of a development
application for approval of a local communications facility in accordance
with this section, the applicant may request to convene with the appropriate
Board at a public meeting in order to discuss the proposed facility
in general terms and to clarify the filing requirements. Upon receipt
of a written request for a preapplication conference, the Board will
meet with the applicant at the next regularly scheduled meeting of
the Board for which adequate public notice can be provided. There
are no formal filing requirements for this conference; however, the
applicant is encouraged to prepare sufficient preliminary architectural
and engineering drawings to inform the Board of the general location
and likely scale and design of the facility. Failure to request such
a conference will not prejudice any subsequent consideration of a
formal application by the Board.
2. Site plan approval by the appropriate Board shall be required before
any new local communications facility may be erected. The following
information is in additional to Section 800 and shall be submitted
to the appropriate Board for its review:
a. Photos of the proposed site of the facility showing current conditions.
b. The setback distance from the nearest structure.
c. A map showing the location of all other local communications facility
towers and other structures within the municipality as well as outside
of the municipality within a five-mile radius. The applicant shall
also identify the height and type of construction of all such structures.
d. The location and type of fencing, if applicable, and the type, location,
color and power of any illumination.
e. An assessment of the suitability of the use of existing towers or
other structures within the search area to accommodate the local communications
facility in lieu of a tower, if a tower is proposed.
f. An assessment of the suitability of the site to accommodate additional
equipment sheds, emergency backup generators and similar needs of
other wireless providers who may wish to co-locate on the proposed
facility.
g. Written confirmation from any other wireless providers who have expressed
a desire to co-locate on the proposed facility that the selected site
meets their operational needs and space requirements for equipment
sheds and the like.
h. Evidence that all notice procedures for Coastal Area Facility Review
Act (CAFRA), N.J.S.A. 13:19-1 et seq., and/or the Waterfront Development
Law, N.J.S.A. 12:5-3, as applicable, has been filed.
i. Computer simulation models, photographic juxtaposition or a similar
technique shall be submitted in support of the application to show
how the facility will appear on site and will be used by the appropriate
board in determining conformance with the visual impact standards
of this section.
j. Information required for all other standards of the Land Development
Ordinance.
k. In the event that the co-location is found not to be feasible, a
written statement of the reasons for the unfeasibility shall be submitted
to the City of Wildwood. The City of Wildwood may retain a technical
expert in the field of RF engineering to verify if co-location at
the site is not feasible or is feasible given the design configuration
most accommodating to the co-location, or that a new tower has less
visual impact at an alternative site. The cost for such technical
expert will be at the expense of the applicant.
[1-23-2019 by Ord. No.
1128-18; amended 8-23-2023 by Ord. No. 1268-23]
A. Accessory Buildings as Part of Principal Buildings. Any customary
private accessory building attached to a principal building shall
be considered part of the principal building and the total structure
shall adhere to the bulk requirements for the principal building regardless
of the technique of connecting the principal and accessory buildings.
B. Accessory Buildings and Structures Not to be Constructed Prior to
Principal Building. No construction permit shall be issued for the
construction of an accessory building or structure, other than construction
trailers or storage sheds, prior to the issuance or a construction
permit for the construction of the main principal building upon the
same premises. If construction of the principal building does not
precede or coincide with the construction of the accessory building
or structure, the Construction Official shall revoke the construction
permit for the accessory building or structure until the construction
of the main building has proceeded substantially toward completion.
C. Distance Between Adjacent Buildings and Structures: subject to the
bulk requirements in Section 400, as applicable herein.
D. Height of Accessory Building and Structures: subject to the bulk
requirements in Section 400, as applicable herein.
E. Location. An accessory building or structure may be erected in side
and rear yard areas only and shall be set back from side and rear
lot lines as prescribed in Section 400 of this chapter, except that
if erected on a corner lot, the accessory building or structure shall
be set back from the side street to comply with the setback line applying
to the principal building for that side street.
F. Temporary Construction Trailers. Temporary construction trailers
and one sign not exceeding 32 square feet advertising the principal
contractor, subcontractor(s), architect, financing institution, or
similar data shall be permitted for the period of construction beginning
with the issuance of a construction permit and concluding with the
issuance of a certificate of occupancy, provided said trailer(s) and
sign are on the site where construction is taking place.
G. Storage Sheds. Sheds shall not be located to displace or eliminate
required parking spaces nor create a nonconforming condition related
to either building coverage or imperious surface coverage. Sheds are
subject to the bulk requirements to each applicable zoning district
in Section 400. No more than one storage shed shall be permitted per
lot, regardless of the use. No shed shall be used for any purpose
other than storage. Sheds shall be anchored as required by the Uniform
Construction Code or any floodplain damage prevention ordinance.
H. Handicapped Access to Residences. A ramp to provide handicapped access
to single-family detached dwellings, twin or two-family dwelling units,
duplexes and semidetached dwelling units may encroach into the front,
side or rear yard required for the residential use in the zoning district
in which it is located, provided:
1. The intrusion shall be into the front yard only if it is impossible
to provide handicapped access to the side or rear of the residential
premises.
2. A handicapped person resides or will reside in the dwelling.
3. The intrusion into the front, side or rear yard shall not be allowed
any closer than four feet to the applicable property line.
4. The applicant for handicapped access ramp approval shall demonstrate
to the Zoning Officer that there is no other way than that proposed
to construct a handicapped ramp so as not to protrude into the front,
side or rear yard.
5. The ramp shall be constructed so as to comply with all applicable
construction standards as to size, slope and other details.
6. The foregoing approval shall only be permitted in conjunction with
residential housing defined herein as single-family detached, twin
or two-family, duplex, or semidetached. No such approval shall be
granted in connection with any other type of housing, and no such
approval shall be granted in any case with regard to commercially
used property.
7. A certification from the Zoning Officer shall be required indicating
compliance with all the aforesaid requirements before a construction
permit may be issued for the proposed ramp.
[1-23-2019 by Ord. No.
1128-18]
A. Private Residential.
1. No private residential swimming pool shall be constructed or installed
on any lot unless the lot contains a residential building.
2. Private residential swimming pools shall be a permitted accessory
use and shall be located only in rear yards and the rear 50% of a
side yard. Swimming pools are prohibited in front yards.
3. Pools shall occupy no more 25% of the yard area(s) in which it is
located or a maximum of 800 square feet as measured along the surface
of the water, whichever is smaller.
4. A pool itself and any apron, accessory building, structure and equipment
shall all be located at least six feet from all property lines or
building. Pools adjacent to a bulkhead shall be located at least 10
feet from the bulkhead. Pools adjacent to bulkheads may require CAFRA
review.
5. A private residential swimming pool area must be enclosed by a suitable
fence with a positive, self-latching gate at least four feet, but
no more than six feet; except that, in lieu of the prescribed fence,
aboveground pools with vertical side walls four feet or more in height
may be equipped with a ladder or steps which can be repositioned or
removed when the pool is not in active use.
6. A private residential pool may be lighted by both underwater and
exterior lights, provided that all exterior lights are located so
that the light is neither directed nor reflected upon adjacent properties.
All light standards used for exterior lighting shall not exceed 12
feet in height.
7. 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.
8. Shower enclosures, pool filters, and circulating pumps, and HVAC
equipment may extend into the largest side yard setback, provided
that a six-foot side yard setback is maintained, and that shower enclosures
do not exceed a height of eight feet above TOC, and HVAC equipment
and associated screening does not exceed a height of six feet above
TOC.
9. In-ground swimming pools and associated fencing, circulating pumps,
heaters and filters are permitted as per the applicable requirements
of this chapter.
10. Private residential swimming pools that conform to the requirements
of this section shall not be included in any calculation for the total
maximum foot of accessory structures as listed in the individual district
regulations found in Section 400.
11. Single-family detached and single family semidetached (duplex) dwelling
units are exempt from submitting a site plan for a private residential
swimming pool that conforms to the requirements of this section.
B. Public and Commercial Pools.
1. Public and commercial pools shall be located within an area not less
than 1,000 square feet that is devoted to the use of the pool and
for such adjacent uses as lounge chairs, shuffleboard or walking areas
around the pool.
2. The water area of any public or commercial pool and/or separate swimming
tank shall be no closer to any property line than the setback distances
prescribed for accessory uses in the applicable zoning district as
prescribed in this chapter or eight feet, whichever is more stringent.
3. The varying depths of the pool shall be prominently marked in the
pool as well as at the edge of the pool with wear-resistant, legible
paint.
4. The pool shall be lighted both internally and externally, but in
no case shall any light be directed in a direct or indirect fashion
upon any adjacent property. If any portion of the pool, part of the
land devoted to the use of the pool, light standard(s) or loudspeakers
are located closer to any residential building or any property line
than 15 feet, adequate buffers of trees and shrubs, at suitable height
to be effective, shall be provided to protect against light and sound.
5. The total land devoted to the use of the pool shall be enclosed with
a fence no less than four feet in height but no more than six feet.
The fence shall be equipped with a positive, self-latching gate which
shall be locked to prevent intruders when the pool is closed. All
public or commercial pools shall utilize safety covers when closed
for the season to prevent accidental death, drowning and/or injury.
Indoor pools confined within a building structure are exempt from
this requirement.
6. Open rooftop pools shall have a fence no lower than seven feet in
height from the pool deck surrounding the roof perimeter and be constructed
of a material that makes the fence unclimbable. Rooftop pools shall
have an intercom or telephone system with direct voice access to building
management. A video or CATV system with a viewing terminal at the
office of building management shall always be operable and focused
on the pool when the rooftop pool is open to the public and/or residents
of the building structure.
7. No public or commercial pool shall be constructed or installed unless
approved by the Board as part of a site plan approval. All pools shall
be classified into types in accordance with their particular use and
shall meet the appropriate design standards as set forth by the applicable
construction code as adopted by the NJDCA, the National Swimming Pool
Institute, or the Swimming Pool Code of New Jersey, 1970, whichever
is more stringent.
8. Public or commercial pools shall be constructed or installed with
the highest technology and efficiencies for energy savings or maximize
the use of environmentally friendly LEED building systems and technologies
as well as the use of green building practices for buildings and mechanical
systems and shall use pool or solar covers to retain heat (if so equipped)
when the pool is closed. (Note: Leadership in Energy and Environmental
Design.")
9. In-ground swimming pools and associated fencing, circulating pumps,
heaters and filters are permitted as per the applicable requirements
of this chapter.
[1-23-2019 by Ord. No.
1128-18]
A. No satellite dish/parabolic or dish-type antennas shall be erected,
constructed, altered, or maintained on any lot without complying with
terms of this section. All satellite dish/parabolic or dish-type antennas
outside of the building shall meet the following requirements.
1. A satellite dish antenna shall function only as a receiving station
and not as a transmitting station. Both ground-level, freestanding,
ground-mounted and roof/eave-mounted satellite dish antennas shall
be permitted. Roof/eave-mounted antennas are encouraged. No antenna
is permitted to be installed on the front facade of a building or
structure when viewed from the street right-of-way or to any windowsill
of any principal structure. No antenna maybe located in a front or
side yard. Ground-mounted satellite dish antennas may be installed
only in the rear yard area of any lot, and the proposed location of
a satellite dish antenna shall not be located within five feet of
any property line. Ground-mounted satellite dish antennas shall be
located within an adequately fenced area or have other safety devices
provided to protect inadvertent impacts to the antenna or pole as
may be required.
2. A satellite dish antenna may not be placed on any lot which does
not contain a permitted principal structure.
3. Owners of lots of record shall be responsible for any damage incurred
by satellite dish antennas becoming detached by storm, wind, inclement
weather and causing injury and/or damage to other persons, structures
and/or property.
4. A satellite dish antenna shall not exceed 10 feet in diameter and
shall be effectively screened with nondeciduous plantings at least
four feet to five feet in height and, to the greatest extent possible,
shall blend with the immediately surrounding area. Unless impracticable,
all satellite dish antennas shall be of the latest technology as to
size and shape.
5. The overall height from the point of installation to the highest
point of the antennas, or any attachments thereto when extended to
their full height, shall not exceed 12 feet. In no event shall the
natural grade of the subject premises be changed by any means in order
to increase the elevation of the satellite dish antennas.
6. No principal permitted structure shall have more than one satellite
dish antenna. Structures above 35 feet in height shall be limited
to one antenna for all residents of the structure. Wires and cables
running between the antenna and any structure shall be properly installed
and concealed in accordance with the Uniform Construction Code.
7. Portable mounted satellite dishes are prohibited in all zones, except
for demonstration purposes only. Said mobile unit shall not be permitted
to remain on any property for more than 48 hours.
8. Satellite dish antennas shall be installed or constructed in a manner
so as not to interfere with television, radio or similar reception
in adjacent structures and nearby areas.
9. No form of advertising or identification shall be placed on the satellite
dish antennas other than an imprinted logo or label of the manufacturer
and/or installer, which label shall be no larger than 36 square inches.
10. The City, along with representatives of North Wildwood, has developed
a set of design guidelines for the Wildwoods Boardwalk. Prepared under
a Smart Growth Grant from the New Jersey Department of Community Affairs,
Office of Smart Growth, this effort analyzed historic and current
Boardwalk architecture and developed a set of architectural features
to be encouraged for Boardwalk buildings and a companion set of features
which should be discouraged.
a.
When placing satellite dish antennas along the Boardwalk area
and within the BA Zoning District, extreme care and being attentive
of the above-referenced design guidelines is highly encouraged. The
visibility of said satellite dish antennas from the Boardwalk deck
and its entrance ramps is expressly prohibited. Concealment of said
antennas, with the design guidelines in mind, is recommended if no
other placement can be found.
b.
These guidelines, on file with the City Clerk and the Boardwalk
Special Improvement District Management Corporation, are adopted by
the City of Wildwood, are applicable for any new development or rehabilitation
of existing structures within the BA Zoning District.
c.
No use or activity associated with satellite dish antennas shall
encroach onto the Boardwalk or obstruct the free flow of pedestrian
circulation on the Boardwalk.
[1-23-2019 by Ord. No.
1128-18]
Windmills, including those used for the production of electric
current, energy conservation devices such as solar panels for heating,
and communication installations, including television and/or radio
towers and antennas and similar devices, may be installed, subject
to the following conditions:
A. Windmills shall be permitted in connection with any residential,
business, recreational or industrial use when they meet the following
standards:
1. The proposed windmill will not block, interfere or otherwise impair
a scenic vista or corridor or the view for an adjoining residential
structure.
2. The primary purpose of a proposed windmill(s) will be to provide
power for the principal use of the property whereon said windmill(s)
is to be located and shall not be for the generation of power for
commercial purposes, although this provision shall not be interpreted
to prohibit the sale of excess power generated from time to time from
a windmill designed to meet the energy needs of the principal use.
3. The windmill and its location on the property involved shall be designed
to eliminate any nuisances to surrounding properties and to limit
any noise from said windmill from being heard off the property where
said windmill is located. The actual side and rear yard setbacks for
a windmill shall be determined by the Planning and/or Zoning Board
as applicable, and shall be based upon the height of the proposed
windmill.
4. No variance shall be granted in connection with a proposed windmill
to permit a height greater than 1.5 times the height of the principal
use (i.e., maximum building height) allowed by the designated zoning
district or the placement of a windmill so close to a property line
as to result in any portion of the windmill at any time, whether erect
or in the event the windmill should fall or be toppled, to overhang,
cross or otherwise extend beyond the property line(s) and/or street
right-of-way line.
5. No windmill shall be located in any required front yard area.
6. The minimum lot size required for the erection, construction or placement
of a windmill on a property shall be the minimum lot size for the
designated zoning district.
7. Governmentally sponsored windmills may be installed in any zoning
district, exclusive of any district bulk requirement, as authorized
by City Commission.
B. Energy conservation devices, such solar heating panels, and private
communications equipment, such as television or radio towers and similar
devices, shall be permitted in accordance with the following conditions:
1. No energy conservation or communications equipment shall be located
in any required front yard area to the extent practical given the
need for solar access in the case of energy conservation equipment.
2. Energy conservation or communications equipment shall not be attached
to the front facade or roof area of any structure or building wherever
practical given the requirements for said equipment such as solar
access or radio reception.
3. When any antenna is located within 20 feet of adjoining property,
it shall be screened with plant material to the extent practical to
reduce unsightly appearance without affecting performance.
4. No communication equipment shall be permitted which causes interferences
or problems for adjoining properties communication equipment or reception
of television, radio or other communication signals.
5. Wherever practical and possible, energy conservation and communication
equipment shall be so located on a property so as not to be visible
from the street.
6. Construction and erection of such equipment shall be subject to the
Uniform Construction Code and shall at no time constitute a threat
to public safety, health or welfare.
[1-23-2019 by Ord. No.
1128-18]
Portable storage containers shall be permitted subject to the
following conditions:
A. No portable storage container shall be placed on a lot for longer
than 30 days.
B. Portable storage containers shall be placed a minimum distance of
four feet from any property line or principal structure.
C. No portable storage container shall be larger than 200 square feet
in area.
D. No portable storage container shall be larger than 10 feet in height.
E. Portable storage containers are to be placed on a driveway, parking
spaces, or elsewhere on a property that is easily accessible. Portable
storage containers shall not obstruct the right-of-way, sidewalk,
or other drive aisle on a lot.
F. Portable storage containers shall be located only on the lot where
such container is being utilized. No off-site locating of a portable
storage container is permitted.
G. The Zoning Official, Construction Official, or Code Enforcement Officer
of the City of Wildwood may order the relocation of any portable storage
container that does not meet the requirements of this section.
[1-23-2019 by Ord. No.
1128-18]
Notwithstanding any other provision of this chapter, the City
Commissioners may permit the sale of alcoholic beverages in any zoning
district on a one-day permit basis.
[1-23-2019 by Ord. No.
1128-18]
No small-cell telecommunications facility or antennas shall
be erected, constructed, altered, or maintained on any lot without
complying with terms of this section. All small-cell telecommunications
facilities or antennas outside of the building shall meet the following
requirements. Small-cell telecommunications facilities are deemed
to be a permitted use in all zones, subject to site location approval
from the City of Wildwood as set forth herein.
A. An antenna may be installed on streetlight or mast arms mounted on
preexisting poles, including utility and streetlight poles or other
preexisting exterior support structures. Overall, an antenna may be
installed at least 20 feet from the ground in a residential zone or
on an existing residential support structure or support structure
on privately owned land, or 15 feet from the ground in a commercial
zone or on an existing commercial structure or support structure on
privately owned land. An antenna may be mounted on the wall of a building
facing the rear lot line at a height of at least 20 feet in a residential
zone or when mounted on a residential building, or 15 feet in a commercial
zone or when mounted to a commercial building.
B. An antenna must not be installed on the front, street-facing facade
of any structure.
C. Cable connecting the antennas to the equipment box shall be contained
inside the pole or support structure or shall be flush-mounted and
covered with a metal, plastic or similar material cap matching the
color of the pole or structure on which it is installed, properly
secured and maintained by the applicant.
D. Related unstaffed equipment cabinets may be located within a building,
an equipment cabinet outside a building, an equipment cabinet on a
rooftop, or an equipment room within a building.
1. Such related equipment shall have a maximum square footage of 10
square feet with a maximum height of two feet, and must be so located
and installed in accordance with the applicable setback and other
requirements of the zone in which the property is classified.
2. A related unstaffed equipment cabinet may be installed on a rooftop
of a building on privately owned land which is at least 15 feet in
height, provided it and all other roof structures do not occupy more
than 25% of the roof area.
E. The applicant shall provide proof that it is a licensed provider
and will comply with all applicable federal, state and city laws and
regulations, including those regarding wireless communications services.
F. Public Property.
1. A private small-cell telecommunications antenna may be located on
the exterior of public property or attached to an existing support
structure owned or operated by the City of Wildwood and shall be a
permitted use in all zones. The use of any property owned or operated
by the City shall be at the discretion of the City Commission and
shall not be subject to the same conditions and requirements as are
applicable to such facilities on privately owned property. The City
Commissioners may, but are not required to, hold a public hearing
prior to their decision to allow the use of property owned or under
the control of the City.
2. A private small-cell telecommunications antenna may be located on
the exterior of public property or attached to an existing support
structure owned or operated by a county, state, federal or other non-City
governmental agency or on the property of an independent fire department
or rescue squad subject to the same conditions and requirements as
are applicable to such facilities on privately owned property.
G. All such small-cell telecommunications antennas shall be located
and designed so as to minimize visual impact on surrounding properties
and from public streets.
H. No signs are permitted in connection with any small-cell telecommunications
antenna.
I. No lights are permitted on any monopole or antenna unless required
by the Federal Communications Commission, the Federal Aviation Administration,
or the City.
J. No more than one building, pole or other support structure containing
a small-cell telecommunications facility or co-located facility is
permitted on a lot or parcel of land. A special exception to permit
the location of more than one building, pole or other structure containing
small-cell telecommunications facilities on a lot or parcel of land
may only be approved if the applicant establishes that existing small-cell
telecommunications facilities serving the same service area have no
additional capacity to include the applicant's facility. Any such
application must comply with all of the other standards and requirements
for small-cell telecommunications facilities.
K. Every small-cell telecommunications facility must be removed at the
cost of owner when it is no longer in use or when it has not been
operated for a continuous period of six months. Such a facility must
be removed within 90 days after receiving a removal notice from the
City.
L. The installation or modification of any small-cell telecommunications
facility or antennas in any zone shall require approval by Zoning
and Code Administration staff and payment of the required fee.
1. Prior to approval of an installation or minor modification permit
for telecommunications facilities, the applicant shall specify whether
the application is subject to any Federal Communications Commission
application requirements and, if so, identify whether it must be reviewed
under regulations implementing § 6409(a) of the Middle Class
Tax Relief and Job Creation Act of 2012, § 332(c)(7) of the Telecommunications Act of
1996, or other applicable federal laws or regulations.
2. Prior to approval of an installation or minor modification permit
for telecommunications facilities, the application must demonstrate
that the proposed development meets the requirements of this section;
provide a safety report demonstrating that the structure can safely
accept installation of the additional telecommunications facilities;
provide proof that it is a licensed provider and will comply with
all federal, state, and City laws and regulations, including those
relative to wireless services; provide any other relevant information
required by the City; and if the installation is within or crosses
a right-of-way, demonstrate compliance with all applicable right-of-way
permit requirements, including any prior right-of-way agreements.
3. The size, location and appearance of the small-cell telecommunications
equipment or minor modification will be subject to Planning and Code
Administration staff review and approval. Where Planning and Code
Administration staff conclude a proposed installation does not constitute
a minor modification or does not meet other applicable requirements,
City staff may deny approval or refer it to the Board of Adjustment
for further review and a final decision.
[1-23-2019 by Ord. No.
1128-18]
Where, due to special conditions, a literal enforcement of the provisions of this Section 500 will result in unnecessary hardship or be detrimental to the stated goals and objectives of the City of Wildwood's development policy as expressed in the City's 2007 Comprehensive Master Plan Update, the Planning and/or Zoning Board may be resolution, grant such waiver from or adjustment in accordance with §
17-1002.
[1-23-2019 by Ord. No.
1128-18]
If the provisions of any section, subsection, paragraph, subdivision,
or clause of this Section 500 shall be judged invalid by a court of
competent jurisdiction, such order of judgment shall not affect or
invalidate the remainder of any section, subsection, paragraph, subdivision,
or clause of this Section 500.