[Ord. #94-16, Appx. A; Ord. #99-20, § 5; Ord. #02-19; Ord. #02-29, § 20; Ord. #02-36, § 10; Ord. #03-12, § 6; Ord. #04-13, § 5; Ord. #08-12, § 5; Ord. #09-28, §§ 2,10; Ord. #11-21, § 5; Ord. #13-07, § 6; Ord. #13-12, § 4; Ord. #13-24, §§ 2, 3; Ord. #13-32, § 3; Ord. No. 14-04 § 7; Ord. #14-29 § 2; Ord. #14-36 § 6; Ord. #2016-13 § 2]
a. 
No encroachments shall be permitted within the minimum required front yard, side yard or rear yard setback areas except as follows:
1. 
Front Yard. The following front yard encroachments shall be permitted:
(a) 
Steps and landings, or terraced walkways providing access only to the lowest floor, shall be permitted to extend to within six inches (6") of the front property line or right-of-way, but shall not extend past the nearest edge of the existing sidewalk or sidewalk line established for the subject block. A terraced walkway shall:
(1) 
Be constructed of brick, stone or other maintenance-free material. Concrete and unfaced concrete block is not permitted.
(2) 
Have not more than two (2) risers between landings.
(3) 
Provide landings extending at least three feet (3') in the direction of travel.
(b) 
Flagpoles.
(c) 
Awnings provided they project not more than five feet from the building except in the On-Boardwalk Zone where the projection of a retractable awning may be up to 10 feet. The bottom of the awning shall be a minimum seven feet and not higher than 12 feet above grade. Awning supports are not permitted within the required yard, or in the public right-of-way. No signs, merchandise, banners, flags or other material shall be attached to the bottom of an awning.
[Amended 12-12-2019 by Ord. No. 19-15]
(d) 
Porte Cocheres. These may be constructed across the sidewalks in front of any hotel, motel or apartment house containing fifty (50) rooms or more provided they do not exceed twelve feet (12') in length or width along the curbline and have a clearance of at least seven feet (7') above the sidewalk grade.
(e) 
Roof eaves and gutters provided they do not exceed eighteen inches (18") in width.
(f) 
Parking in all single-family and two-family zones when the rear yard does not abut a public alley.
(g) 
Ramps for handicapped access to the first floor, built to current UCC and ADA standards not to exceed four feet (4') in width, shall be permitted to extend to a point that is six inches (6") from the front property line or right-of-way, but shall not extend past the nearest edge of the existing sidewalk or sidewalk line established for the subject block. Said ramps and/or landings shall be constructed and landscaped so as to be visually compatible with the existing streetscape.
(h) 
Fences as permitted by § 25-1700.14 of this Ordinance.
(i) 
Architectural projections such as bay windows may extend into the required front yard not more than eighteen inches (18"), and shall not exceed a total length that is one-third (1/3) of the width of the front facade, except in the Gardens 75/4500 Zone where the projection shall be limited to a length of fifteen feet (15') or one-third (1/3) of the width of the front facade, whichever is less. Said architectural projections shall not be permitted to extend from a garage.
(j) 
Driveways.
(k) 
Garden arbors, where permitted shall comply with the following requirements:
(1) 
Garden arbors shall not exceed a height of ten feet (10') or a footprint greater than twenty (20) square feet.
(2) 
Garden arbors shall be setback a minimum of four feet (4') from the front property line.
(3) 
Garden arbors shall be anchored as required by code.
(4) 
A building permit is not required for a Garden arbor; however, a Zoning Permit is required.
(5) 
Garden arbors are not permitted in the rear yard of bayfront, lagoon or oceanfront lots.
(l) 
Platforms and steps providing access to elevated electrical meters.
2. 
Rear Yard.
(a) 
Flagpoles.
(b) 
Awnings provided they project not more than five feet (5') from any building and are at least seven feet (7') above the sidewalk or boardwalk grade.
(c) 
Roof eaves and gutters provided they do not exceed eighteen inches (18") in width.
(d) 
One (1) detached garage as permitted by the specific district regulations provided the garage:
(1) 
Is not located within two feet (2') of the rear property line on non-alley lots, or within four feet (4') of the rear property line on alley lots;
(2) 
Is not located within eight feet (8') of the main building;
(3) 
Is not on a lot located on the bayfront, lagoon or oceanfront.
(e) 
One (1) freestanding storage shed as permitted by the specific district regulations provided it is not larger than one hundred (100) square feet, does not exceed a height of ten feet (10') above grade, provided that it is not closer than four feet (4') from the rear or side lot lines, is not located on the bayfront, lagoon or oceanfront, does not displace or eliminate required parking spaces or create a nonconforming condition related to either building coverage or impervious surface coverage.
(f) 
Fences, and on waterfront lots including those adjacent to lagoons, Beach Thorofare, Great Egg Harbor Bay and the Atlantic Ocean, open fences as defined herein, perpendicular to the rear property line.
(g) 
Patios.
(h) 
Fire escapes may be installed on existing buildings in all zone districts in order to comply with the retrofit life safety requirements of the New Jersey State Department of Community Affairs (D.C.A.). The location of these projections into the existing open space shall be at the discretion of the Zoning Officer and may project from the building into the existing rear yard a distance not to exceed four feet six inches (4'6"). A minimum of three feet (3') of clear access shall be maintained between the fire escape and the property line.
(i) 
Private above-ground swimming pools on non-waterfront lots only, and in-ground swimming pools, as permitted by the specific district regulations, if the wall of the pool is not closer than six feet (6') to any property line or bulkhead, or four feet (4') to any building. Pool equipment such as pumps and filters shall be no closer than six feet (6') to any property line. Pool lighting shall not project onto adjacent properties. Sound amplification systems are not permitted.
[Amended 12-12-2019 by Ord. No. 19-15; 2-23-2023 by Ord. No. 23-02]]
(j) 
Tennis courts, located in the rear yard only, provided that the edge of the court is no closer than 10 feet to either the rear or side property lines or four feet to any building. Tennis court lighting shall not project onto adjacent properties. Sound amplification systems are not permitted.
(k) 
Air conditioners, heat pumps and natural gas fueled generators, located in the rear yard or on the roof only.
(l) 
Trash container enclosures for single-family and two-family uses, located anywhere to the rear of the rear building line. Solid waste associated with commercial sites shall be managed per the requirements of § 25-1700.31.
(m) 
Ramps and/or landings for handicapped access to the first floor, built to current UCC and ADA standards not to exceed four feet (4') in width. A minimum of six inches (6") of clear access shall be maintained between the ramp and/or landing and the property line.
(n) 
Liquefied petroleum storage tanks (DOT cylinders), screened per the requirements of § 25-1700.31.
(o) 
Steps and landings providing access to the lowest floor only, shall be permitted to extend a distance not to exceed thirty percent (30%) of the required rear yard setback.
(p) 
Driveways and off-street parking areas.
(q) 
Patios, decks, steps, landings and ramps on waterfront lots subject to § 25-300.17 of this Ordinance.
(r) 
Detached pergolas provided the pergola:
(1) 
Does not exceed twelve feet (12') in height
(2) 
Is not closer than four feet (4') to either the rear or side lot lines
(3) 
Is not located on an oceanfront lot
(s) 
Retaining walls constructed in accordance with § 25-1700.8.9(e) and § 25-1700.14.1.
(t) 
There shall be no encroachments into the twenty-five foot (25') rear yard on lots located on the oceanfront except the following:
(1) 
Revetments which may be installed, provided the highest elevation (top) of the revetment is at least ten feet (10') from the main building line.
(2) 
Over-the-bulkhead steps that meet the requirements of the Revised General Ordinances of the City of Ocean City, (Volume I, § 18-8).
(3) 
Over-the-bulkhead ramps that meet the requirements of the Revised General Ordinances of the City of Ocean City, (Volume I, § 18-8).
(4) 
Air conditioners, natural gas fueled generators and heat pumps. Screening per Subsection 25-1700.26.1 is required.
(5) 
An open fence not greater than four feet (4') in height, located perpendicular to the rear property line.
(u) 
A sun canopy subject to the following regulations:
(1) 
Maximum height to the highest point from the base of structure - 12 feet.
(2) 
Maximum area coverage - 144 square feet.
(3) 
Minimum setbacks — 4-feet each side yard; no rear yard setback required.
(4) 
Impervious surface coverage — canopies with a permanent roof (as opposed to fabric, canvas or other pliable material) shall be considered as impervious surface coverage.
(5) 
One (1) sun canopy permitted per lot.
(6) 
Sun canopies require a Zoning Permit and shall be installed in accord with manufacturer's specifications or the building code, whichever is most restrictive.
(v) 
A cabana as permitted by the specific district regulations provided it:
[Added 12-12-2019 by Ord. No. 19-15]
(1) 
Is not larger than 200 square feet.
(2) 
Does not exceed a height of 10 feet above grade.
(3) 
Is not closer than four feet from the rear or side lot lines.
(4) 
Is not located on the bayfront, lagoon or oceanfront.
(5) 
Does not displace or eliminate required parking spaces or create a nonconforming condition related to either building coverage or impervious surface coverage.
3. 
Side Yard. The following side yard encroachments shall be permitted:
(a) 
Roof eaves and gutters provided they do not exceed eighteen inches (18") in width.
(b) 
Fences as permitted by § 25-1700.14 of this Ordinance.
(c) 
Window fans.
(d) 
Wall and window air-conditioners which do not encroach more than twelve inches (12").
(e) 
Fire escapes may be installed on existing buildings in all zone districts in order to comply with the retrofit life safety requirements of the New Jersey State Department of Community Affairs (D.C.A.). The location of these projections into the existing open space shall be at the discretion of the Zoning Officer and may project from the building into the existing side yard a distance not to exceed four feet six inches (4'6"). A minimum of three feet (3') of clear access shall be maintained between the fire escape and the property line.
(f) 
Chimneys no deeper than eighteen inches (18") may encroach into the side yard area where the side yard is five feet (5') wide or wider. Chimneys no deeper than twelve inches (12") may encroach into the side yard area where the side yard is four feet (4') or wider.
(g) 
Ramps and/or landings for handicapped access to the first floor, built to current UCC and ADA standards not to exceed four feet (4') in width. A minimum six inch (6") clearance shall be maintained between the ramp and/or landing and any obstruction on the adjoining property.
(h) 
Shower enclosures and HVAC equipment may extend not more than twenty percent (20%) into the required side yard setback, provided that the shower enclosures do not exceed a height of eight feet (8') above grade, and HVAC equipment and associated screening does not exceed the minimum elevation necessary to comply with FEMA BFE requirements.
(i) 
Steps, landings and terraced walkways providing access only to the Lowest Floor, shall be permitted to extend to within six inches (6") of the side property line, but shall not extend past the nearest edge of the existing sidewalk or sidewalk line established for the subject block provided:
(1) 
The terraced walkway is constructed of brick, stone or other maintenance-free material.
(2) 
Not more than two (2) risers are constructed between landings.
(3) 
Landings shall extend at least three feet (3') in the direction of travel.
(j) 
One (1) detached garage as permitted by the specific district regulations provided the garage:
(1) 
Is not located within two feet of the side property line;
[Amended 12-12-2019 by Ord. No. 19-15]
(2) 
Is not located within eight feet (8') of the main building; and
(3) 
Is not located on a bayfront, lagoon or oceanfront lot.
(k) 
Architectural Projections and Architectural Features.
(1) 
Architectural projections and architectural features may extend no closer than three feet (3') of the side property line where the lot width is less than forty feet (40'). Said projection(s) may not exceed a total length that is greater than fifteen percent (15%) of the lot depth. Chimneys, or the full length or depth of a garage wall are not considered architectural projections.
(2) 
Architectural projections and architectural features may extend no closer than four feet (4') of the side property line where the lot width is forty feet (40') or more. Said projection(s) may not exceed a total length that is greater than fifteen percent (15%) of the lot depth. Chimneys or the full length or depth of a garage wall are not considered architectural projections.
(l) 
On corner lots where the larger of two (2) side yards faces the street, steps may extend from an entry porch to the minimum side yard setback for the lot. From this point, a terraced walkway may encroach to within six inches (6") of the side property line provided:
(1) 
The terraced walkway is constructed of brick, stone or other maintenance-free material. Concrete and unfaced concrete block shall not be permitted.
(2) 
Not more than two (2) risers are constructed between landings.
(3) 
Landings shall extend at least three (3') feet in the direction of travel.
(m) 
Retaining walls constructed in accordance with the requirements of Subsection 25-1700.8.9(e) and Subsection 25-1700.14.1.
(n) 
One (1) freestanding storage shed as permitted by the specific district regulations provided it is not larger than one hundred (100) square feet, does not exceed a height of ten feet (10') above grade, provided that it is not closer than four feet (4') from the side lot lines, is not located on the oceanfront, does not displace or eliminate required parking spaces or create a nonconforming condition related to either building coverage or impervious surface coverage.
(o) 
Platforms and steps providing access to elevated electrical meters.
(p) 
Private above-ground swimming pools on non-waterfront lots only, and in-ground swimming pools as permitted by the specific district regulations, provided that the wall of the pool is not closer than six feet (6') to any property line or four feet (4') to any building or bulkhead. Pool equipment such as pumps and filters shall be no closer than six feet (6') to any other property line. Pool lighting shall not project onto adjacent properties. Sound amplification systems are not permitted.
[Ord. #02-19; Ord. #04-13, § 5; Ord. #08-12, § 5]
a. 
Chimneys, vent stacks, air-conditioning equipment, heating equipment, solar panels, decorative cupolas, elevator equipment housing and parapets may exceed the height limitation of this Ordinance by an amount not to exceed four feet (4'), or four (4) feet above the ridgeline (or plate of a flat roof), whichever is lower. Such features, however, shall be permitted only when it has been demonstrated to the satisfaction of the approving authority (by the applicant/owner) that such additional height is necessary for these features to function as intended.
b. 
Roof-mounted mechanical, electrical and telephone equipment and other obtrusive structures shall be architecturally screened from view with materials that complement the balance of the building, by raising the parapet for example, and shall be of low profile to minimize the need for screening. Where the roof is pitched, such equipment should be integrated into the pitch. Cantilevers are not permitted as support for such equipment.
[Ord. #94-16, Appx. A; Ord. #02-19]
Municipal uses of any type are permitted to be located in any zoning district established in the Zoning and Land Development Ordinance of the City of Ocean City, N.J.
[Ord. #02-19]
Where a single lot under individual ownership extends from street to street, the widest street shall be deemed the street upon which the property fronts.
Both street walls of corner-lot buildings shall be treated as front facades from an architectural perspective. The facades should include offsets, fenestration and architectural elements characteristic of the front facade.
[Ord. #00-05, § 9; Ord. #00-09, § 2; Ord. #02-19]
The following regulations in this section shall apply in each zone district, except the Ocean City Homes Neighborhood Zone. Any lot fronting on two (2) or more streets shall for the purposes of this Ordinance consider its front yard to be situated on the shortest face of the lot upon which it has frontage.
[Ord. #08-12, § 5]
The following requirements shall apply to all lots unless otherwise noted.
a. 
Lot lines of corner lots, that are coexistent with side lot lines of adjoining lots, shall be considered side lot lines.
b. 
Lot lines of corner lots that are coexisting with rear lines of adjoining lots shall be considered rear lines.
c. 
Lot lines of corner lots that are coexisting with lot lines of adjoining corner lots shall be considered side lines.
d. 
Paragraphs a, b and c notwithstanding, each corner lot shall maintain a rear yard setback for at least one (1) yard area other than a front yard.
[1]
Editor's Note: Former Subsection 25-300.5.3, Ocean City Homes Neighborhood Zone, previously codified herein and containing portions of Ordinance Nos. 00-05, 00-09 and 00-19, was repealed in its entirety by Ordinance No. 08-12.
[Ord. #02-19]
The provisions of this Ordinance which prohibit storage of gasoline and oil and the following additional regulations are deemed necessary in the interests of the public health, safety and general welfare:
Gasoline in quantities not exceeding thirty-six thousand (36,000) gallons may be kept for use or sale at retail within and adjoining any retail gasoline or oil service station, garage or private garage accommodating more than three (3) motor vehicles, provided that no tank for gasoline storage shall be placed above ground or the established grade.
All such installations shall also comply with regulations established by this Ordinance.
If any gasoline tank is abandoned or no longer in use, it shall be removed from the premises when it is established above ground level or grade. When any tank is abandoned or no longer in use and is located below ground level or grade, it shall be removed within thirty (30) days of the abandonment.
[Ord. #02-19]
In order to stabilize soil and to prevent soil erosion from upland areas onto wetlands a fifteen-foot (15') upland buffer strip shall be provided on lots containing urban land uses and shall be planted with bayberry bushes, salt-marsh grass or other native vegetation approved by the Ocean City Shade Tree Commission. Said buffer shall start at the wetlands line.
[Ord. #02-19; Ord. #08-12]
In order to promote lot drainage, all finished grades shall be higher than curb elevation, except that pilings and foundations may be installed below said curb elevation. In the case of adjacent properties of differing elevations, the property with the higher elevation shall install devices to prevent the flow of water from the higher property to the lower adjacent property. All devices shall be designed by, and the installation shall be approved by, a New Jersey licensed Professional Engineer. Standards regarding lot grading contained in Subsection 25-1700.8.9 of this Ordinance, shall be utilized.
[1]
Editor's Note: Former § 25-300.8.2, Stormwater Recharge and Impervious Surface Coverage, Ord. #02-19; Ord. #02-36, § 10; Ord. #03-12, § 6; Ord. #04-13, § 5, was repealed 6-11-2020 by Ord. No. 20-08.
[Ord. #02-19]
The use of public sidewalks and required open spaces for business purposes or storing, displaying or placing of goods, wares and merchandise, or the like, for any purpose is prohibited beyond the respective building line.
[Ord. #94-16, Appx. A; Ord. #02-19]
If on-site and/or off-site improvements, other than the building proper, including but not limited to plantings, buffer strips or other approved dividers, are required by the terms of this Ordinance and the plans are approved by the appropriate authority, no Certificate of Occupancy shall be issued unless: (a) a performance guarantee has been provided in accordance with the provisions of N.J.S.A. 40:55D-53 et seq., or (b) the required improvements have been installed in full compliance herewith and a maintenance guarantee has been provided in accordance with the provisions of N.J.S.A. 40:55D-53 et seq.
[Ord. #02-19; Ord. No. 14-09 § 2]
Shore protection structures installed by the developer on all properties bordering the Beach and Dune (BD) Zone facing the Atlantic Ocean shall be built in accordance with Chapter 21, "Flood Damage Prevention" and Chapter 22, "Construction of Bulkheads", and shall be in accordance with a line designated as the "Official Oceanfront Bulkhead Line of Ocean City, N.J." shown on a drawing bearing this title and last revised October 12, 1971, including subsequent amendments.
[Ord. #03-12, § 6]
The parking requirements contained herein are hereby superseded by the Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.) to the extent that these (RSIS) regulations are applicable.
[Ord. #94-16, Appx. A; Ord. #02-19]
All required parking spaces shall be a minimum of nine feet (9') in width and eighteen feet (18') in length, exclusive of access drives, aisles, ramps and columns, and shall have a vertical clearance of at least six and one-half feet (6-1/2'). The size and spacing specifications for required off-street parking facilities shall be taken from the table below.
A
B
C
D
E
F
0°
9.0'
9.0'
12.0'
19.0'
34.0'
45°
9.0'
19.8'
13.0'
12.7'
52.5'
60°
9.0'
21.0'
18.0'
10.4'
60.0'
90°
9.0'
18.0'
24.0'
9.0'
52.0'
30°
9.0'
17.3'
11.0'
18.0'
45.6'
025--Image-3.tiff
* Additional width may be required where the aisle serves as the principal means of access to on-site buildings or structures.
** Curbed islands are required at the ends of aisles where necessary for traffic control.
NOTE: Handicapped spaces shall conform with New Jersey Barrier Free Design Regulations (N.J.A.C. 5:23 et seq.).
Access to nonresidential uses and related off-street parking shall be from a nonresidential street, the nature of which is determined by the dominant (greater than fifty percent (50%)) zoned usage on both sides of the street within the block of the nonresidential uses.
[Ord. #94-16, Appx. A; Ord. #02-19]
In order to prevent flooding of parking areas and garages, no excavation for parking spaces shall be permitted.
[Ord. #02-19]
Where by virtue of lot size the required number of commercial parking spaces cannot be provided on-site, the developer may petition the Planning Board to provide said required commercial parking spaces off-site, and the Planning Board upon review of the site plan may grant the developer said request. Where the Planning Board permits the developer to meet the commercial parking requirements off-site, the developer shall provide said parking spaces by fee simple purchase of a tract of land within three hundred feet (300') of the commercial lot to which the off-site parking spaces are assigned and to develop said tract as a parking lot in accordance with the design standards of this Ordinance.
[Ord. #90-18, § 1; Ord. #94-16, Appx. A; Ord. #02-19; Ord. #08-12, § 5; Ord. #09-28, § 3; Ord. #11-21, § 6; Ord. #12-20, § 3; Ord. #13-12, § 10; Ord. #13-36, § 6; Ord. #14-04 § 8]
a. 
General. Off-street parking spaces shall be provided as further specified in this ordinance. All off-street parking spaces, except for those accessed from an alley, including passageways, driveways and turning areas shall be provided with a dustless, durable, all-weather parking surface clearly marked for parking spaces and adequately drained in accordance with § 25-1700.22 of this ordinance. Parking spaces accessed from an alley may utilize crushed stone, crushed shell, porous paving, paver blocks or other materials as may be found suitable by the City. Driveway aprons are required pursuant to Subsection 25-1700.11.9 and § 25-1700.12 of this ordinance.
[Amended 6-11-2020 by Ord. No. 20-08]
b. 
Exemptions. None of the off-street parking facilities as required in this Ordinance shall be required for any existing building or use not now conforming to these requirements, unless said building or use shall be enlarged by creating additional living space, additional dwelling units, additional commercial space or by changing the use as defined herein of the building in which case the provisions of this Ordinance shall apply.
c. 
Illumination of Commercial Parking Spaces. All parking areas and appurtenant passageways and driveways serving commercial uses shall during their season or period of operation be illuminated as required by § 25-1700.19 of this Ordinance during the hours between sunset and sunrise. After 10:00 p.m. throughout the entire lot, forty percent (40%) of lights in parking areas shall remain lighted until sunrise. Adequate shielding shall be provided by commercial uses to protect adjacent residential zones from the glare of such illumination and from that of automobile headlights.
d. 
Parking in Required Yards and Open Spaces.
1. 
No parking of motor vehicle shall be permitted within the front yard and other open interior spaces for lots having a rear yard access except in the DB Drive-In Business District. For residential lots having no rear yard access, such as lagoon lots, beach front lots or other lots not accessible by alley, parking in the front yard setback and the side yard of corner lots, shall be permitted, provided a minimum of eighteen feet (18') is available between the lot line and any structure to provide sufficient space for vehicles to park without overhanging the public sidewalk, and further provided the buffer provisions contained in Subsection 25-1700.11.5, and the setback requirements contained in Subsection 25-300.12.4.e are met. These provisions notwithstanding, no camper, RV, travel trailer, house trailer, mobile home, or self-propelled housing unit shall be parked in any front yard.
2. 
One (1) single boat or sailboat may be parked in the front yard on any lot in the residential zone district which has no rear yard access such as lagoon lots, beach front lots, or lots not accessible by alley. Parking of boats and sailboats in these areas, however, shall be subject to the following restrictions:
(a) 
They must be at least four feet (4') from any side property line;
(b) 
They must be at least four feet (4') from any structure;
(c) 
They must be parked or stored perpendicular to the curbline;
(d) 
No portion of the boat or sailboat or trailer on which they sit may encroach upon any public right-of-way, including sidewalks;
(e) 
If boat covers or custom made canvas covers are used they must be tightly secured to the boat or sailboat;
(f) 
Except for a single period of one week or less duration a boat or sailboat may be parked in these areas only during the period September 15th to May 15th.
e. 
Setbacks for Driveways and Parking Areas.
[Amended 12-12-2019 by Ord. No. 19-15; 10-26-2023 by Ord. No. 23-24]
1. 
Except as otherwise noted, off-street parking spaces for commercial, multifamily and mixed uses shall not be less than four feet (4') from the established property line or within four feet of any structure.
2. 
On lots up to thirty feet (30') in width off-street parking spaces for commercial, multifamily and mixed-use shall not be less than one foot from the established property line.
3. 
Off-street parking spaces for residential uses (single-family and duplex) shall not be less than one foot (1') from the established property line or any structure.
4. 
Except for the driveway, said parking setbacks are buffer areas and shall be landscaped to provide permeable surfaces. No aisles or parking spaces shall be permitted within these buffer areas. Entrance and exit drives, however, may traverse said buffer areas.
5. 
A street-facing garage door shall be located at least eighteen feet (18') from the public right-of-way, except on existing homes that do not meet this setback requirement, and where such homes are elevated to comply with BFE requirements.
6. 
The minimum distance between a driveway or parking space and a swimming pool is four feet (4').
f. 
Shade and Shrubbery Requirements. Off-street parking areas which provide parking for ten (10) or more vehicles shall be provided with shade trees or shrubs of a type and size approved by the Shade Tree Committee. The shade trees or shrubs shall be located in a planned manner within the parking lot area in quantity equal to not less than one (1) shade tree for every five (5) parking spaces and with shrubbery at the periphery of the parking lot to form a living wall not higher than two feet (2').
g. 
Parking Requirements for Mixed Uses. In the case of mixed uses, the parking facilities required shall be the sum of the requirements for the various individual uses, computed separately in accordance with this Ordinance; parking facilities for one (1) use shall not be considered as providing the required parking facilities for any other use.
h. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection h, Residential Parking Requirement, was repealed 6-11-2020 by Ord. No. 20-08.
i. 
Stacked Parking. Parking spaces for any residential unit may be placed in a "stacked" fashion, one behind the other, provided that each parking space is clearly designated and assigned to the dwelling unit it is intended to serve. "Stacked" parking shall be permitted for nonresidential uses provided each parking space is clearly designated and the business owner/operator has established a vehicle management plan.
[Amended 12-12-2019 by Ord. No. 19-15]
j. 
Permeable Pavers. When approved as part of an Application for Development, or with approval by the City Engineer or his designee, permeable pavers may be installed in driveways and Parking Spaces. Acceptable permeable pavers include Techo Bloc Aquastone®, Nicolock Checker Block®, Nicolock Turfstone®, Aqua-Bric®, and Grasscrete® or approved equal.
[Added 6-11-2020 by Ord. No. 20-08; amended 2-23-2023 by Ord. No. 23-02]
1. 
Prior to issuance by the City of a permit or final approval of a development application involving permeable pavers, the paver block design prepared by a licensed New Jersey engineer shall be approved by the City Engineer or his designee.
2. 
Grass block pavers shall be installed in accord with manufacturer's specifications and as approved by the City Engineer or his designee. Permeable interlocking concrete paver installation shall be in accordance with the U.S. Department of Transportation Federal Highway Administration guidelines.
3. 
Grass block pavers shall be grass filled with either sod plugs or a minimum two (2) inches of screened topsoil, fertilizer and grass seed.
4. 
The Grass Block Paver Detail below provides guidance regarding installation of grass block pavers that may be superseded by manufacturer's specifications, the City Engineer or his designee.
5. 
Prior to paver installation, the developer shall submit certification from a licensed New Jersey Engineer, Planner or Architect demonstrating that the sub-base has been installed in accord with applicable specifications.
6. 
Prior to acceptance of the completed paver installation, or issuance of a certificate of occupancy, the site shall be inspected and approved by the City Engineer or his designee.
k. 
Motor Vehicles Signage to Apply. The provision of Title 39 of the Revised Statutes of New Jersey shall, pursuant to N.J.S.A. 39:5A-1, et seq., be made applicable to all street-level parking areas, if provision is made for over fifty (50) vehicles.
l. 
Truck Berths. In addition to the parking lot requirements in the preceding section, truck berths for loading and unloading of goods and materials shall be provided. Any building or outdoor area used for business, industry, storage, hospital or other nonresidential purposes which needs to be serviced regularly by trucks shall have truck berth facilities on the premises in accordance with the following:
Gross Floor Area and Outdoor Area Used
(square feet)
Required Number of Truck Berths
Up to 20,000
1
Greater than 20,000 and up to 40,000
2
Greater than 40,000 and up to 100,000
3
Each additional 60,000
1 additional
Two (2) or more establishments which are adjacent to each other may combine their gross floor area and outdoor areas for the purpose of determining the minimum number of truck berths required when adjacent establishments utilize truck berths jointly.
The size of a truck berth shall be a minimum of forty-five feet (45') long and twelve feet (12') wide.
Driveways, aisles, loading platforms and other areas required to make a truck berth usable shall not be included in the minimum area required for a truck berth itself.
A clear height equal to a minimum of fourteen feet (14') shall be provided for each truck berth and for each truck access way between public streets.
m. 
Loading and unloading space, with proper access from a street or alley, shall be provided on any lot on which a building for trade or business is hereafter erected or substantially altered.
[Ord. #02-19; Ord. #08-12, § 5; Ord. #09-28, § 4; Ord. #11-21, § 6; Ord. #2016-26 § 3 ]
Auto Repair, Filling Stations and Repair Shops. One (1) parking space for each two (2) employees, plus additional spaces for customer-motorists at the ratio of one (1) space for every fifty lineal feet (50') of road frontage.
Automobile Sales Areas Used for the Inventory of New and Used Cars. One (1) parking space for every six hundred (600) square feet of floor area.
Banks, Savings and Loan Associations and other Fiduciary Institutions. One (1) parking space for each three hundred fifty (350) square feet of gross floor area and one (1) space for every four (4) employees on the shift with the largest number of employees.
Bowling Alleys. Four (4) parking spaces for each alley, plus additional spaces equal in number to at least sixty percent (60%) of the number of employees on all shifts.
Churches. One (1) parking space for every six (6) seats in the church.
Clubs or Lodges. One (1) space for every four (4) employees of a club or lodge plus one (1) parking space for every three hundred (300) square feet of total floor area.
Community Centers, Libraries, Museums, Post Offices and Similar Uses. Parking spaces, equal in number to at least eighty percent (80%) of the number of employees thereof, plus one (1) parking space for every one thousand (1,000) square feet of lot area.
Convention Halls, Gymnasiums, Skating Rinks and Similar Privately Owned Uses. Parking spaces equal in number to at least sixty percent (60%) of the number of employees, plus one (1) parking space for every five (5) persons who may legally be admitted therein.
Funeral Homes. One (1) parking space for each "official" vehicle, plus one (1) space for each family living on the premises, plus one (1) additional space for each two (2) employees (other than resident on the premises), plus one (1) space for each seventy-five (75) square feet of floor area in the viewing rooms, slumber rooms, parlors or individual funeral service rooms.
Hospitals, Sanatoriums and Convalescent Homes. One (1) parking space for each three (3) patient beds (exclusive of bassinets), plus one (1) additional space for each staff or visiting doctor, plus one (1) space for each two (2) employees including nurses; loading and unloading space for hospital ambulances and similar vehicles is not included in the space required.
Hotels. One (1) parking space for each guest or sleeping room and suite, plus one (1) additional space for each five (5) employees, plus such additional space as required by this section because of any supplementary parking-generating activities of the hotel.
Ice Cream Parlor. One (1) parking space for each three hundred (300) square feet of floor area.
Medical or Dental Clinics and Veterinary Hospitals. Four (4) parking spaces per doctor engaged at the clinic or veterinary hospital, plus one (1) additional space for every employee.
Motels. One (1) parking space for each guest or sleeping room or suite plus one (1) additional space for the owner or manager if resident on the premises, plus additional space as required in this section because of any supplementary parking-generating activities of the motel.
Nursing Home or Similar Uses. One (1) parking space for each staff or visiting doctor, plus one (1) parking space for each two (2) employees, plus one (1) space for every four (4) senior citizens housed in the facility.
Passenger Terminal Facilities, Including Taxi Stands, Bus Stations, Railroad Stations, Airports and Similar Uses. One (1) parking space for each four (4) employees, plus one (1) space for every twenty (20) persons who may legally be admitted therein at one time under State Fire Prevention Laws.
Personal Service Shops, Such as Barber Shops and Beauty Shops. One (1) parking space for each operator.
Professional Offices. One (1) parking space for each three hundred (300) square feet of floor area.
Public Buildings Not Herein Specifically Listed. One (1) parking space for each three hundred (300) square feet of floor area.
Public Utilities and Their Service Buildings. One (1) parking space for each employee working in the building.
Radio and Television Stations. One (1) parking space for each employee working in the building.
Residential Uses-Single-Family Dwellings. Parking requirements for detached single-family residential uses shall be as follows:
Habitable Space
(square feet)
Number of Off-Street Parking Spaces
Up to 3499
2
3500 to 3999
3
4000 to 4999
3
5000 to 5999
4
6000 and over
4
Detached single-family dwellings on lots with a width of thirty-five feet (35') or less are exempted from the parking space width required by Subsection 25-300.12.1 of this Ordinance, and may reduce parking space width to eight and one-half feet (8.5').
Where fractional spaces result in computing the number of required parking spaces, the required number shall be rounded to the nearest whole number; a half space shall be rounded upward.
Restaurants, Tearooms, Lunch Counters and the Like. One (1) parking space for each six (6) seats and one (1) space for each four (4) employees on the shift of greatest employment.
Retail Stores. One (1) parking space for every three hundred (300) square feet of retail floor area and one (1) parking space for every two (2) employees or part thereof.
Rooming, Guest or Boarding Houses. One (1) parking space for each five (5) guests, plus one (1) additional space for the owner or manager if resident on the premises.
Schools. One (1) parking space for each four (4) employees including teachers and administrators, plus off-street space for the safe and convenient loading and unloading of students, plus additional facilities for student parking at the high school level and above at the ratio of one (1) space for every fifty (50) students.
Shopping Centers. One (1) parking space for every two hundred (200) square feet of gross floor area. Office uses and other major nonretail uses within a shopping center shall provide parking spaces as required in this schedule.
Theaters. One (1) parking space for every four (4) seats.
Unspecified Uses. Where the applicant proposes a use for which there are no requirements listed above, he shall be required to present evidence to the Planning Board that the proposed use contains sufficient parking spaces. The applicant and the Planning Board in considering this request shall consider other uses and the parking requirements required therefor.
[Ord. #02-19]
Vehicular access to off-street parking areas, loading and unloading spaces shall be provided via the public alley only, wherever such public alley adjoins the subject lot. Curb cuts on a public street intended to provide such access shall only be permitted when the subject lot does not adjoin a public alley.
[Ord. #2016-09 § 2]
Mechanical parking lifts are permitted subject to the following:
a. 
Lifts shall be within a garage which is accessory to a single-family use or a two-family use only.
b. 
Lift platforms must be sealed and of a sufficient width and length to completely cover the bottom of the vehicle on the platform to prevent dripping liquids or debris onto the vehicle parked below.
c. 
Lifts must be designed so that power is required to lift the car, but that no power is required to lower the lift to enable access to the top vehicle in the event of a power outage.
d. 
Lifts shall be designed to prevent lowering of the lift when a vehicle is parked below.
e. 
Neither parking spaces equipped with mechanical lifts nor parking spaces obstructed or reduced in size by mechanical lifts shall count as parking spaces for zoning purposes.
[Ord. #94-16, Appx. A; Ord. #02-19]
a. 
A social, economic and environmental assessment may be required for standard site plans where the project involves ten (10) dwelling units or more or twenty (20) or more parking spaces. The purpose of the assessment is to address potential problems and impact mitigation which are specific to the site being developed. The intent is to preserve the social, economic and environmental well-being of the City.
b. 
Social, economic and environmental assessments may be required to include, but not necessarily be limited to, analysis of the following items:
1. 
Soil types - permeability, settlement potential.
2. 
Surface waters - existing and proposed landscaping, permeability.
3. 
Ground cover - existing and proposed landscaping, permeability.
4. 
Topography - existing and proposed elevations, impact of topography changes on adjacent properties.
5. 
Groundwater - existing depth to water table, depth to water table after filling.
6. 
Water supply - impact on available water supply, estimates of water demand.
7. 
Sewerage system - expected peak and annual sewage penetration. Impact on sewer line and plant capacity.
8. 
Solid waste - estimated solid waste generation both during and after construction.
9. 
Traffic - expected average and peak traffic generation.
[Ord. #02-19]
Each lot shall contain no more than one (1) building in which is conducted the predominant or principal use of the lot. In any residential district a dwelling shall be deemed to be the principal building.
[Ord. #02-19; Ord. #02-36, § 10; Ord. #02-12, § 6; Ord. #13-12, § 5; Ord. #14-04 § 9; Ord. #14-29 § 3]
a. 
Maximum height above grade for a detached single bay garage shall be fifteen feet (15'), except the height of a 2-bay garage is limited to eighteen feet (18').
b. 
Minimum exterior dimensions for a single-bay garage shall be ten feet by twenty feet (10' x 20').
c. 
Street-facing garage doors shall be located at least eighteen feet (18') from the public right-of-way.
d. 
Detached garages where permitted shall be subject to the following:
1. 
Not located within two feet (2') of the side property lines
2. 
Not located within two feet (2') of the rear property line on non-alley lots, or within four feet (4') of the rear property line on alley lots
3. 
Not located within eight feet (8') of the main building
4. 
Not located on a bayfront, lagoon or oceanfront lot
e. 
No accessory building shall be closer to the street line than the street wall of the principal building.
f. 
Sheds and detached pergolas, where permitted, shall comply with the following standards:
1. 
No shed shall be used for any purpose other than storage.
2. 
No more than one (1) shed shall be permitted per lot.
3. 
A building permit is not required for a shed; however, a Zoning Permit is required. Zoning and building permits are required for a pergola.
4. 
Sheds and pergolas shall be installed in accord with the manufacturer's specifications or the building code, whichever is most restrictive.
5. 
Sheds shall not exceed one hundred (100) square feet in size, and ten feet (10') in height measured from the adjacent grade. Pergola height shall be limited to twelve feet (12') above adjacent grade.
6. 
Sheds and pergolas shall not be closer than four feet (4') to the rear or side lot lines, except that on lagoon and bayfront lots there shall be no rear yard setback requirement for pergolas.
7. 
Sheds are not permitted on bayfront, lagoon or oceanfront lots. Pergolas are not permitted on oceanfront lots.
8. 
Sheds shall not be located so as to displace or eliminate required parking spaces or create a nonconforming condition related to either building coverage or impervious surface coverage.
g. 
Roofed accessory structures such as garages and sheds are included as impervious coverage. Pergolas are not considered as building coverage, or impervious surface coverage unless they are constructed over an impervious surface as defined herein.
h. 
Sheds and detached pergolas, where permitted, shall comply with the following standards:
1. 
No shed shall be used for any purpose other than storage.
2. 
No more than one (1) shed shall be permitted per lot.
3. 
A Building Permit is not required for a shed, however, a Zoning Permit is required. Zoning and Building Permits are required for a pergola.
4. 
Sheds and pergolas shall be anchored as required.
5. 
Sheds shall not exceed one hundred (100) square feet in size, and ten feet (10') in height measured from the adjacent grade.
6. 
Sheds and pergolas shall not be closer than four feet (4') to the rear or side lot lines.
7. 
Sheds and pergolas are not permitted on bayfront, lagoon or oceanfront lots.
8. 
Sheds shall not be located so as to displace or eliminate required parking spaces or create a nonconforming condition related to either building coverage or impervious surface coverage.
i. 
Garden arbors, where permitted shall comply with the following requirements:
1. 
Garden arbors shall not exceed a height of ten feet (10') or a footprint greater than twenty (20) square feet.
2. 
Garden arbors shall be setback a minimum of four feet (4') from the front property line.
3. 
Garden arbors shall be anchored as required by code.
4. 
A building permit is not required for a garden arbor, however, a Zoning Permit is required.
5. 
Garden arbors are not permitted in the rear yard of bayfront, lagoon or oceanfront lots.
[Ord. #08-12, § 5; Ord. #09-02, § 1; Ord. #09-28, § 7; Ord. #11-21, § 7; Ord. #14-04, § 10; Ord. #14-36 § 7; 2016-24 § 4]
The roof eave controls in this section shall apply to all single-family buildings. The dormer controls apply to all buildings designed with a half-story as defined herein. The porch controls apply to all buildings designed with a porch as defined herein, the half-story controls apply to all buildings designed with a half-story as defined herein. The top plate regulations apply to roof decks.
a. 
Roof Eaves.
1. 
Except as permitted by this Ordinance, the eave elevation of the primary or main roof shall not exceed nineteen feet (19') above the top of the lowest habitable floor. This requirement shall not apply to permitted three (3) story structures.
2. 
The roof eave of a secondary building element such as a spire, tower or turret shall not exceed a height of twenty-four feet (24') above the top of the lowest habitable floor. The width of such building element shall not exceed one-half (1/2) of the front building facade; or when located on the side, shall not exceed a width of thirty feet (30') or thirty percent (30%) of the side facade, whichever is less; or up to fifty percent (50%) of the rear façade width. A secondary building element on one facade is not permitted to abut or adjoin any other second building element when the secondary building element’s floor is part of the half-story or attic.
[Ord. #2016-24 § 4; amended 2-23-2023 by Ord. No. 23-02]
3. 
The maximum permitted roof eave height for a garage (with no habitable space above it) that extends towards the street from the principal structure shall be fourteen feet (14') above adjacent grade.
b. 
Dormers.
1. 
The ridge height of any dormer shall not exceed the ridge height of the roof from which it projects.
2. 
Dormers shall be set back from vertical plane of the exterior wall immediately below the dormer a minimum of eighteen inches (18").
3. 
A dormer shall not extend into any required yard area, and shall be located at least five feet (5') from the front edge and five feet (5') from the rear edge of any roof from which it projects.
4. 
Permitted dormer types are barrel, gable, hip, shed and eyebrow.
5. 
Combination dormers (one dormer on top of another dormer), and dormers on a secondary roof feature, shall be permitted.
6. 
The floor area under all dormers shall be counted as part of the half-story floor area.
7. 
Gable, hip and barrel dormers are the only dormer styles permitted on a Mansard Roof.
c. 
Roof Decks.
1. 
Applicability. Roof deck controls shall apply to all residential structures in zones where roof decks are permitted.
2. 
Design Standards.
(a) 
Maximum Area. Roof deck area shall not exceed twenty percent (20%) of the horizontal roof area within which it is located, or two hundred square feet (200) whichever is less.
(b) 
Setbacks. The roof deck and all required railing shall be set back a minimum of four feet (4') from all exterior walls of the building.
(c) 
A roof deck shall not be higher than fourteen inches (14") above the primary roof eave elevation or the maximum roof eave elevation of that portion of the building upon which the roof deck is located, whichever is less.
(d) 
No other structure or accessory is permitted above a roof deck, including without limitation, awnings anchored or otherwise, canopies, pergolas or other structures permanent or temporary.
d. 
Porches.
1. 
Where a porch is permitted closer to the front lot line than the enclosed portion of the building (such as in the Corinthian Zones), the porch shall be completely open (except for screens) on the front and both sides.
2. 
On the front building wall, and on corner lots the front and side building walls adjoining a porch, architectural features and projections shall not extend more than eighteen inches (18") from said wall(s).
3. 
Porch roofs shall have a minimum 2 in 12 pitch.
4. 
Front porches shall be a minimum eight feet (8') in depth, except on the secondary frontage (street-facing side yard) of corner lots less than fifty feet (50') in width, the minimum required porch depth is four feet (4').
5. 
Front porches shall have steps that connect to the street level on all lots.
e. 
Attic and Half-Story. Compliance with the entire criterion herein is required, otherwise the floor shall be considered a full story.
1. 
The attic or half-story shall be integrated into a pitched roof so that the roof and the walls of the second floor intersect no higher than the floor level of the half-story.
2. 
A minimum of ninety percent (90%) of the attic or half-story roof shall have a pitch of 4 in 12 or greater.
3. 
The half-story shall include all floor area where the underside of the roof rafters is five feet (5') or more above the floor, including the area under dormers and the area encumbered by stairs. The floor area of the half-story shall be limited as a percentage of the floor below as indicated in the Schedule of District Regulations.[1]
[1]
Editor's Note: The Schedule of District Regulations may be found in the text for individual districts.
f. 
Gutters and Downspouts. To reduce the adverse impacts of stormwater runoff on adjoining properties, gutters and downspouts shall be provided for all buildings. Stormwater shall either be discharged to an approved stormwater management system, or converted to the adjacent street or alley.
[Ord. #08-12 § 5; Ord. #09-28 § 11; Ord. #11-21 § 8; Ord. #13-24 §§ 1-4; Ord. #14-04 § 11; Ord. #14-29 § 4]
a. 
The following special requirements shall apply to all lots where the rear yard adjoins a lagoon, or Beach Thorofare (Great Egg Harbor Bay).
1. 
An open patio shall be permitted and may extend from the house to the bulkhead. Steps, ramps, and landings, providing access from the first floor to the patio, from the patio over the bulkhead, and from the patio on the subject lot to a deck or patio on an adjoining lot are also permitted.
2. 
In-ground swimming pools (subject to NJDEP approval and § 25-300.1a2(i) of this Ordinance) and associated fencing, circulating pumps and filters, tennis courts, air conditioners, heat pumps, sun canopies and pergolas are permitted as per the applicable requirements of this Ordinance.
[Amended 12-12-2019 by Ord. No. 19-15]
3. 
Where the rear lot line is on the water side of the physical bulkhead(s) or bulkhead line, the rear yard setback shall be measured from the physical bulkhead. Where there is more than one (1) bulkhead on said property, the rear yard setback shall be measured from the most landward physical bulkhead.
4. 
Where the rear lot line is landward of the physical bulkhead(s) or bulkhead line, the rear yard setback requirement shall be measured from the rear lot line.
b. 
The following special requirements shall apply to all lots where the rear yard adjoins the Atlantic Ocean.
1. 
No building shall be closer than twenty-five feet (25') from the seaward side of the physical bulkhead. If there is no physical bulkhead, no building shall be located along the oceanfront closer than twenty-five feet (25') from the established Ocean City bulkhead line unless the property line is landward of the established Ocean City bulkhead line, in which event no building shall be located closer than twenty-five feet (25') from the property line.
No porch, deck, or patio shall be closer than fifteen feet (15') from the seaward side of the physical bulkhead. If there is no physical bulkhead, no porch, deck, or patio shall be located along the oceanfront closer than fifteen feet (15') from the established Ocean City bulkhead line unless the property line is landward of the established Ocean City bulkhead line, in which event no porch, deck, or patio, shall be located closer than fifteen feet (15') from the property line.
2. 
Notwithstanding the provisions of Subsection 1 above, no building located on the oceanfront shall be placed closer than a distance measured from the street right-of-way edge equal to the arithmetic mean distance of all rear walls of existing dwellings including porches, located on the City block face in which the new dwelling in question is to be constructed. The applicant shall obtain said arithmetic mean distance of all existing dwellings including porches, measured from the street right-of-way, from a New Jersey licensed surveyor. Vacant lots are to be excluded from this calculation. Said arithmetic mean distance calculations shall be made part of the application. Development in compliance with this section shall be considered conforming and shall not require variance approval.
3. 
Except as provided herein, there shall be no encroachments into the twenty-five-foot rear yard on lots located on the oceanfront except revetments which may be installed, provided the highest elevation (top) of the revetment is at least 10 feet from the main building line, and except over-the-bulkhead steps that meet the requirements of the Revised General Ordinances of the City of Ocean City, (Volume I, § 18-8), and except over-the-bulkhead ramps that meet the requirements of the Revised General Ordinances of the City of Ocean City, (Volume I, § 18-8), and except air conditioners and heat pumps as permitted by Article 300 of this chapter, and except for an open fence not greater than four feet in height, located perpendicular to the rear property line, and except for in-ground swimming pools [subject to NJDEP approval and § 25-300.1a.2(i)] and associated fencing, circulating pumps and filters. Fences required around swimming pools shall be open fences not greater than four feet in height.
[Amended 12-12-2019 by Ord. No. 19-15]
[Ord. #08-12, § 5; Ord. #13-07, § 7; Ord. #13-24, § 6]
a. 
Purpose. Floor area ratio (FAR) is provided as a means of regulating building mass, and to establish buildings that are more proportional to the lots on which they are located.
b. 
Applicability. For all detached single-family buildings, the numerator of the FAR shall be established by measuring from the exterior faces of exterior walls and shall include all habitable building area within a principal structure having structural headroom seven feet (7') and greater. For purposes of FAR, habitable building area includes all enclosed interior spaces (except attics) located on lowest floor at or above the zoning flood elevation. Detached accessory structures such as garages and sheds, and nonhabitable building area are not included in the calculation of floor area ratio.
[Ord. #11-17]
a. 
Encroachments Prohibited. Except as otherwise provided, it shall be unlawful for any person to erect, locate or maintain any building or part of a building, any appurtenance thereto, or any other improvement including, but not limited to, any steps, fence, post, rail, landscape bed or retaining wall within or upon any public street, sidewalk or within the public right-of-way without the authorization of the Code Enforcement Officer, Zoning Official or other City employee designated by the Mayor to investigate encroachments onto public property. Absent such authorization, such an encroachment shall be removed at the expense of the owner(s) of the property to which it is appurtenant.
b. 
Existing Encroachments. In the event the City employee designated by the Mayor to investigate encroachments certifies that an encroachment satisfies all of the conditions set forth in Subsection c below, no action shall be required at that time. In the event an encroachment does not comply with all of the conditions set forth in Subsection c below, the encroachment shall be removed by the property owner within thirty (30) days of the determination of such noncompliance unless application for a revocable license is submitted within said 30-day period.
c. 
Conditions for the Continuation of an Encroachment.
1. 
The encroachment was in existence at the time of the effective date of this Ordinance (adopted July 28, 2011).
2. 
The encroachment is not inconsistent with development in the neighborhood.
3. 
The encroachment does not impede pedestrian, bicycle or vehicular traffic.
4. 
The encroachment does not interfere with sight triangles or sight lines.
d. 
Encroachments Within the Historic District. In the event the encroachment is located within the Historic District, the City employee designated by the Mayor to investigate encroachments shall forward his determination to the Historic Preservation Commission of the City of Ocean City ("HPC") for review as a minor application as defined in Article V of the Bylaws of the HPC. The HPC shall determine whether the conditions set forth in Subsection c above have been met. If the HPC determines that an encroachment satisfies all of the conditions set forth in Subsection c above, no action shall be required at that time. In the event an encroachment does not comply with all of the conditions set forth in Subsection c above, the encroachment shall be removed by the property owner within thirty (30) days of the determination of such noncompliance unless application for a revocable license is submitted within said 30-day period.
e. 
No License Conferred. A determination that an encroachment meets the conditions set forth in Subsection c above and need not be removed does not confer upon the property owner any property rights. Rather, it is a determination that the encroachment is not, at the time of the determination, required to be removed. The City may subsequently require the encroachment to be removed upon 30-day notice to the property owner, at its option, in the best interests of the City.
f. 
Revocable License Available. Nothing herein shall be construed to prevent a property owner from applying to the Mayor for a revocable license, even in cases in which a determination of compliance with Subsection c above, has been made.
g. 
Application. The application for a revocable license for an existing encroachment, or for a proposed encroachment, shall be made on such forms as are prescribed by the Mayor or his designee and shall be accompanied by a survey depicting current conditions and such other information depicting the location, size, appearance and materials used in the construction of the improvement in order to enable the Mayor to determine whether the encroachment satisfies the conditions set forth in Subsection c above.
h. 
Fee. The permit fee for a revocable encroachment license shall be one hundred twenty-five ($125.00) dollars, paid at the time of the application for a revocable license.
i. 
Encroachment License. The revocable license shall confer upon the property owner no property rights whatsoever; and, shall provide that the owner of the encroaching improvement shall be responsible to maintain the said improvement in good condition; that the license shall automatically be revoked and the encroachment removed upon the demolition or removal of the primary building to which it is appurtenant; and that the said property owner shall indemnify and hold the City of Ocean City harmless for any and all liability arising from the existence of the encroachment in or on public property. The revocable license shall also provide that the City of Ocean City may require the removal of the encroachment upon reasonable notice to the property owner, and that upon the receipt of such notice the property owner shall remove the encroachment at his or her sole expense. The revocable license shall be recorded at the expense of the property owner, shall run with the land and shall be effective upon the receipt of a recorded copy thereof by the City Clerk.
[Ord. # 12-19, § 7]
Unless otherwise specified in the City of Ocean City Code (Volumes I and II), the minimum elevation of the lowest floor for residential structures shall be two feet (2') above the base flood elevation.
[Ord. #13-07, § 8; Ord. #13-12, § 7; Ord. No. 2015-22]
a. 
It shall be unlawful for an owner or contractor to convert or to use a crawl space for living, sleeping, eating or cooking, or to install or have a bathroom or toilet compartment in a crawl space.
b. 
The minimum penalty for violation of any of the foregoing limitations shall, upon conviction, be five hundred ($500.00) dollars.
c. 
The maximum penalty for violation of any of the foregoing limitations shall, upon conviction, be one thousand two hundred fifty ($1,250.00) dollars, or imprisonment for a period not to exceed ninety (90) days, or a period of community service not to exceed ninety (90) days.
d. 
Each and every day in which a violation of any of the foregoing limitations exists shall constitute a separate violation.
e. 
Upon conviction of violation of the foregoing limitations, the unlawful improvements shall be removed and the crawl space shall thereafter be subject to annual inspection by the City with the inspection fee paid by the owner.
[Ord. #2016-27 § 1]
On irregular lots with side lot lines of unequal length the required rear yard shall be determined as follows.
a. 
Where the required rear yard setback is calculated as a percentage of existing lot depth, apply the percentage and establish the rear setback for each side yard line individually, and strike a line connecting the points. The line so stricken establishes the required rear yard setback.
b. 
Where the required rear yard setback is specified in feet, convert the setback value to a percentage and follow above procedure. For example — where the setback is twenty-five feet (25'), convert to twenty-five percent (25%).
025--Image-4.tif
Illustration not to scale.