[Ord. No. 130-88 § A1]
This Chapter shall be known and may be cited as the "West Cape
May Zoning Regulations."
[Ord. No. 130-88 § A2; Ord. No. 428-09 § 27-2]
This Chapter is adopted pursuant to N.J.S.A. 40:55D-1 et seq.,
its amendments and supplements, and for the purpose of promoting and
protecting the public health, safety and general welfare. It is specifically
the intent of this chapter to:
a.
To secure safety from fire, flood, panic and other natural and man-made
disasters;
b.
To provide adequate air, light and open space;
c.
To ensure that the development of the Borough of West Cape May does
not conflict with the development and general welfare of neighboring
municipalities, the County and the State as a whole;
d.
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well being of persons,
neighborhoods and preservation of the environment;
e.
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies;
f.
To provide sufficient space in appropriate locations for a variety
of agricultural, residential, recreational and commercial uses and
open space, both public and private, according to their respective
environmental requirements in order to meet the needs of all citizens
of the Borough of West Cape May;
g.
To encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging location
of such facilities and routes which will result in congestion or blight;
h.
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements;
i.
To promote the conservation of historic sites and districts, open
space, energy resources and valuable natural resources in the Borough
and to prevent urban sprawl and degradation of the environment through
improper use of the land;
j.
To encourage planned unit developments which incorporate the best
features of design and relate the type, design and layout of residential,
commercial and recreational development to the particular site;
k.
To encourage senior citizen community housing construction;
l.
To encourage coordination of the various public and private procedures
and activities shaping land development with a view towards lessening
the cost of such development and fostering the more efficient use
of land;
m.
To promote utilization of renewable energy sources;
n.
To create a walkable community;
o.
To create a vibrant mixed use commercial district where residents
can live, work, shop and dine;
p.
To provide a more viable opportunity for small businesses.
[Ord. No. 130-88 § A3]
The provisions of this chapter shall be deemed to be minimum
requirements. Where the provisions of the Chapter impose a greater
restriction or restrictions than is imposed or required by any other
applicable law or governmental regulation, the provisions of this
chapter shall be controlling. Where any other applicable law or governmental
regulation requires a greater restriction or restrictions than the
provisions of this chapter, such other applicable law or governmental
regulation shall be controlling.
[Ord. No. 130-88 § A4;
amended 3-24-2021 by Ord. No. 594-21]
All uses not specifically permitted under the provisions of
this chapter are prohibited. Notwithstanding that limitation, in all
commercial districts, more than one principal commercial use shall
be permitted in one building or on one lot, provided that such multiple
use obtains site plan approval and any appropriate area and/or bulk
variances.
[Ord. No. 130-88 § A5]
No building or land may hereafter be used or occupied and no
building or other improvement may be erected, enlarged, improved,
altered or moved without compliance with the provisions of this chapter.
[Ord. No. 130-88 § A6; Ord. No. 375-07 § 2; Ord. No. 396-07 § 2; Ord. No. 420-08; Ord. No.
420-09 § 27-6; Ord. No.
500-2015; Ord. No. 539-2018; amended 9-13-2023 by Ord. No. 632-23]
For the purposes of this chapter, the following terms, phrases
and words shall be defined as follows: Words in the plural shall include
the singular. Words used in the present tense shall include the future.
The word "shall" is always mandatory and not discretionary. The word
lot shall include the words plot, premises and tract. The word used
shall include the words arranged, designed, constructed, altered,
converted, rented, leased or intended to be used. The word building
shall include the words structure, dwelling, and residence. Any word,
phrase or term not defined in this chapter shall have its meaning
of standard or common usage.
Or use shall mean a building or use which is located on the
same lot as the principal building or use and which is subordinate
and customarily incident to the principal building or use. An accessory
building which is attached to the principal building shall be considered
part of the principal building and shall not be considered as an accessory
building.
Shall mean a self-contained residential dwelling unit with
a kitchen, sanitary facilities, sleeping quarters, and a private entrance,
which is created within an existing home, or through the conversion
of an existing accessory structure on the same site, or by an addition
to an existing home or accessory building.
Shall mean a residential dwelling unit that qualifies toward
the Borough's affordable housing obligation as set forth in the Borough
of West Cape May Housing Element and Fair Share Plan.
Shall mean any change in, enlargement of, rearrangement or
addition to a building.
Shall mean a building other than a hotel, motel or tourist/guest
house which offer residential dwelling units for rent primarily intended
for permanent occupancy.
Shall mean any person, firm or entity having sufficient interest
in a parcel or parcels of land and submitting an application for development
under the provisions of this or the Subdivision and Site Plan Ordinances
of the Borough of West Cape May.
Shall mean the application forms and all accompanying documents
required by this chapter or the Subdivision and Site Plan Ordinances
of the Borough for approval of a subdivision, site plan, conditional
use, planned unit development, zoning variance or direction for the
issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
Shall mean an architectural projection or shelter projecting
from and supported by the exterior wall of a building and composed
of a covering of rigid or nonrigid materials and/or fabric on a supporting
framework that may be either permanent or retractable.
Shall mean overnight accommodations with or without as morning
meal provided to guests for compensation, which is designed, intended
and used for transient travelers and not for permanent residency.
Shall mean a room planned, used, designed or situated so
as to be used primarily for sleeping.
Shall mean any structure or addition to an existing structure
having a roof and adopted to or intended for the shelter or occupancy
of persons, animals, property or a business use. When used herein,
"building" and "structure" shall be interchangeable except where the
context dearly indicated otherwise.
[Amended 9-13-2023 by Ord. No. 632-23]
Shall mean that part of a building facing a street or pedestrian
walkway and which contains its principal entrance as indicated from
the building's layout.
Shall mean the vertical distance measured to the highest
point of a building from the natural grade of the lot on which it
is located as measured at the edge of the public right-of-way. Maximum
height limitations shall not be applicable to customary appurtenances
not used for living or business area such as antennas, heating and
air conditioning units or chimneys.
Shall mean a multi-sided overhead structure or architectural
projection supported by attachments to a building on one or more sides
and either cantilevered from such building or also supported by columns.
Shall mean that portion of a street or right-of-way which
is paved.
Shall mean a portion or piece of a lot, tract or other property,
together with the improvements thereon, designated and intended for
the ownership use of enjoyment of the residents or occupants of the
particular development.
Shall mean a use which is permitted in a particular zoning
district only upon a showing that such use complies with the specific
provisions therefor in a particular zoning district and approval therefor
by the Planning Board.
Shall mean the division of a parcel into two or more parcels,
the resubdivision of a parcel and the construction, reconstruction,
conversion, alteration or enlargement of any building or other structure,
or any mining, excavation or any use or change in use of any building,
structure or land or extension of the use of land.
Shall mean:
Single family dwelling shall mean a dwelling designed for occupancy
by one family and containing one dwelling unit.
Duplex dwelling or two-family dwelling shall mean a dwelling
designed for occupancy by two families and containing two dwelling
units.
Dwelling unit shall mean a room or series of connecting rooms
containing living, cooking, sleeping and sanitary facilities for one
housekeeping unit.
Shall mean land which is actively devoted to agricultural,
horticultural or livestock use, including, but not limited to, cropland,
pasture, idle or fallow land, woodland, wetlands, farm ponds, farm
roads and certain farm buildings and other enclosures related to agriculture
pursuits. A farm may also include one farm residence for occupancy
by the owner or operator of the farm.
[Ord. No. 500-2015]
Shall mean buildings and activities incidental to farms such
as: stables, barns; packing, grading and storage buildings for produce;
buildings for the keeping of poultry and livestock; and garages for
the keeping of equipment and trucks used in farm operations.
Shall mean a farm that is primarily used for the breeding
and boarding of horses and/or riding horses for recreation or competition,
and does not meet the definition of horses for personal recreational
use herein.
Shall mean a dwelling, on a farm property and accessory to
the farm operations, used as a full-time residence by the owners or
operators of the farm.
[Ord. No. 500-2015]
Shall mean the sum of the gross floor area of all floors
of buildings or structures compared to the total area of the site.
May be either attached to the principal structure or detached
from the principal structure. The floor area of a garage shall be
included when calculating lot coverage. The floor area of the garage
will not be included when calculating gross floor area. If the garage
has habitable space, the habitable space will also be included when
calculating gross floor area.
Shall mean an engineered roofing system that enables the
growth of vegetation. Green roofs greatly reduce stormwater runoff,
decrease the cost of heating and cooling, and provide an additional
amenity for units.
Allows for low level and low maintenance planting and requires
little or no additional structure.
Allows for major plantings such as grasses, bushes and trees.
Because intensive green roofs allow for higher maintenance plantings,
they require more structure and support than a standard roof.
Shall mean the total habitable floor area contained within
the outermost surfaces of the house structure, including hallways,
closets, stairs, columns and wall thickness.
See Bed and Breakfast.
Shall mean that which is customarily carried on in a detached
residential living unit or accessory building thereto and which is
clearly incidental to and secondary to the primary residential use.
Home occupations may include a single doctor's office, single dentist's
office, single lawyer's office, area for sewing taken in by a resident,
sharpening service, and professional business office operated solely
by a single resident of the property. Whether any other uses shall
be allowed as home occupations shall be determined by the Planning
Board in accordance with the customary, incidental and secondary standards
set forth herein. No home occupation shall be permitted any signs.
No home occupation may utilize more than 400 square feet or 25%, whichever
is less, of the principal structure or accessory structure, but not
both. No home occupation shall have the exterior storage of any products,
goods or equipment nor shall it involve any employees on the property
other than one of the residents of the property.
Shall mean horses used solely for the enjoyment of occupants
of the principal residential use.
Shall mean a dwelling having three or more individual sleeping
units and which is designed, intended and used for transient travelers
and not for permanent residency.
Shall mean Leadership in Energy and Environmental Design,
a Green Building Rating System® developed
by the United States Green Building Council as a standard for developing
high-performance, sustainable buildings.
Shall mean a voluntary checklist prepared by the applicant
rating the subject application in accordance with the green building
standards of the LEED Green Building Rating System.
Shall mean a designated parcel, tract or area of land established
by an approved plat or otherwise established by law and including
any improvements thereon. Contiguous undersized lots, under one legal
beneficial ownership, shall, however, be considered as one lot once
the dimensions thereof comply with the provisions of this chapter.
Shall mean the area contained within the lot lines of a lot.
Shall mean a lot which occupies the interior angle formed
by the intersection of two or more streets.
Shall mean that area of a lot covered by improvements of
any type, which are highly resistant to infiltration by water. It
is to be expressed as a percentage.
Shall mean the shortest horizontal distance between the front
lot line and a line drawn perpendicular to the front lot line through
the midpoint of the rear lot line.
Shall mean the straight and horizontal distance between side
lot lines at the front yard setback points on each side lot line.
Shall mean any hood, canopy, awning or permanent construction
that projects from a wall of a building, usually above an entrance.
Shall mean a building or structure which is so situated on
a lot or is so sized as to not be in conformance with the provisions
of this chapter.
Shall mean a lot of record which does not conform with the
applicable minimum size, width, depth or frontage requirements for
the zoning district in which it is located under the provisions of
this chapter.
Shall mean a use or activity which was lawful prior to the
adoption of this chapter but which does not now conform with the use
regulations set forth in this chapter.
Shall mean any part of a food establishment, brewery, or
distillery located outdoors, not used for any other purposes, and
open to the sky, with the exception that it may have a retractable
awning or umbrellas, and may contain furniture, including tables,
chairs, railings, and planters that are readily movable.
Shall mean a space not less than nine (9') feet wide by eighteen
(18') feet in length designated for the parking of one motor vehicle
exclusive of driveways, access drives, drive aisles, and public rights-of-way
except that driveways may be utilized as parking spaces for one or
two family dwellings provided they meet the applicable size requirements.
Shall mean any commercial establishment that provides services
to customers, including, but not limited to banks, salons, day spas,
fitness centers, dry cleaners and self-service laundromats.
Shall mean the main purpose for which a lot or building is
used.
Shall mean the number of dwelling units per gross area or
residential land area of a development including new streets, easements,
and open space areas.
Shall mean an establishment where food and drink are prepared,
served, and consumed, mostly within the principal building.
Shall mean establishments engaged in the selling or rental
of retail goods or merchandise to the general public, including retail
food stores.
Shall mean uses devoted to the growing, cultivation, storage,
and/or sale of produce, landscaping products, and similar accessory
and ancillary products.
Shall mean a temporary, seasonal area or structure that is
less than 100 square feet, and use for the display and sale of farm
products grown exclusively on the property upon which the stand is
located.
Shall mean a line drawn parallel with a street line or lot
line and drawn through the point of a building nearest to a street
line or lot line.
[Amended 5-13-2020 by Ord. No. 580-20; 5-12-2021 by Ord. No. 597-21]
Shall mean two or more commercial establishments on one property,
managed as a unit and providing retail goods and personal services.
Shall mean any object, device, display, or structure, or
part thereof, situated outdoors or indoors, that is used to advertise,
identify, display, direct, or attract attention to an object, person,
institution, organization, business, product, service, event or location
by any means, including words, letters, figures, design, symbols,
fixtures, colors, illumination, or projected images. Excluded are
national and state flags, window displays (but not window signs).
Shall mean any street, avenue, boulevard, road or other way
which is either (a) an existing State, County or Borough roadway;
(b) is shown and designated on a plat heretofore approved pursuant
to law; or (c) has received final approval therefor pursuant to N.J.S.A.
40:55D-1, et seq.
Shall mean anything constructed, assembled or erected for
occupancy, use or decoration whether installed on, above, or below
the surface of a lot of lots and which includes but is not limited
to fences, tanks, towers, signs, stairs, advertising devices, swimming
pools, animal enclosures and tennis courts.
[Amended 9-13-2023 by Ord. No. 632-23]
Shall mean any facility which is constructed, used or maintained
to provide facilities for swimming or bathing and which is capable
of containing water to a depth of eighteen (18") inches or more.
See Bed and Breakfast.
Shall mean the specific purpose for which land or a building
or structure is designed, arranged, intended or for which it is or
may be occupied or maintained. The term permitted use shall not be
deemed to include any nonconforming use.
Shall mean that part of a lot being open space and extending
across the entire width of the lot between the front or street line
of the lot and the closest point of any building on the lot to the
front street line. The depth of the required front yard shall be measured
at right angles to the front or street line of the lot across the
entire width of the lot.
Shall mean that part of a lot being open space and extending
across the entire width of the lot between the rear lot line of the
lot and the closest point of any building on the lot to the rear lot
line. The depth of the required rear lot line of the lot across the
entire width of the lot.
Shall mean that part of a lot being open space and extending
across the entire length of the lot between each side lot line and
the closest point of any building or the lot to each of the side lot
lines. The width of each required side yard shall be measured at right
angles to each side lot line of the lot across the entire length of
each lot.
[Ord. No. 130-88 § A7; Ord. No. 153-89 § 2; Ord. No. 302-01 § 2; Ord. No. 348-05 § 2; Ord. No. 428-09 § 27-7]
The Borough of West Cape May is hereby divided into the following
designated zoning districts:
a.
R-1 Urban Residential District.
b.
R-2 Rural Residential/Agricultural District.
c.
R-3 Rural Residential District.
d.
R-4 Rural Residential/Agricultural District.
e.
R-5 Rural Residential/Agricultural District.
f.
C-1 Broadway Commercial District.
g.
C-2 Park Commercial District.
h.
C-3 Sunset Commercial District.
i.
P - Preservation District
[Ord. No. 130-88 § A8; Ord. No. 153-89 § 1; Ord. No. 302-01 § 3; Ord. No. 348-05 § 3; Ord. No. 428-09; Ord. No.
457-10]
The boundaries of the zoning districts established herein are
as portrayed on the map entitled "Zoning Map of the Borough of West
Cape May," dated June 6, 2009 which is hereby adopted and incorporated
by reference as an integral part of this chapter. The Zoning Map dated
June 6, 2009 may be found on file at the Borough offices.
[Ord. No. 130-88 § A9]
Zoning district boundary lines have been generally designed
and intended to follow street center lines, railroad rights-of-way
and lot or property lines as they exist on lots of record at the time
of enactment of this chapter, unless otherwise indicated on the zoning
map. The exact location of any disputed or questioned zoning district
boundary shall be determined by the Zoning Board of Adjustment upon
proper application thereto.
[Ord. No. 130-88 § A10]
In the R-1 zoning district, a lot, lots, building, buildings
or premises may be used by right for the following purposes only:
[Ord. No. 130-88 § A10; Ord. No. 375-07 § 3; Ord. No. 396-07 § 3]
The minimum area and bulk requirements in the R-1 zoning district
shall be as follows:
|
Single-Family Dwelling
|
Two-Family Dwelling
| |
|---|---|---|
|
Lot area
|
5,000 sq. ft.
|
7,500 sq. ft.
|
|
Lot frontage
|
50'
|
75'
|
|
Lot width
|
50'
|
75'
|
|
Front yard setback
|
20'
|
20'
|
|
Each side yard setback
|
6'
|
6'
|
|
Total side yard setback
|
16'
|
16'
|
|
Rear yard setback
|
20'
|
20'
|
|
Lot depth
|
100'
|
100'
|
|
Maximum lot coverage for principal building and accessories
|
40%
|
40%
|
|
Maximum gross floor area
|
2,250 sq. ft.
|
1,688 sq. ft. per unit
|
|
Maximum floor area ratio
|
45%
|
45%
|
|
Building height
|
35'
|
35'
|
[Ord. No. 130-88 § A10; Ord. No. 396-07 § 3; 9-11-2024 by Ord. No. 639-24]
The following accessory uses only shall be permitted of right
in the R-1 zoning district:
a.
Detached garages.
b.
Tool sheds.
c.
Private residential swimming pools, subject to the provisions and requirements of Section 27-38 of the Borough Code.
d.
Private tennis courts.
e.
Home occupations as conditional uses only.
f.
Fences and walls.
g.
Off street parking areas.
h.
Storage sheds.
i.
Animal shelters for customary residential pets.
j.
Roadside stands.
[Ord. No. 130-88 § A10; Ord. No. 396-07 § 5; 9-11-2024 by Ord. No. 639-24]
Except for private residential swimming pools, which are governed by Section 27-38 of the Code, the minimum bulk requirements for accessory uses in the R-1 zoning district shall be as follows:
[Ord. No. 375-07 § 4; Ord. No. 396-07 § 5]
[Ord. No. 375-07 § 5; Ord. No. 510-2016 § 1]
a.
Each single-family dwelling in the R-1 zoning district with a front
porch that is fully open on the front and at least one side may deduct
200 square feet of porch space from the dwelling's gross floor area.
b.
Each two family dwelling in the R-1 zoning district with a front
porch that is fully open on the front and at least one side may deduct
400 square feet of porch space (200 square feet per unit) from the
dwelling's gross floor area.
[Ord. No. 420-08 § 3; Ord. No. 479-13]
a.
In order to encourage sustainable green building practices in accordance
with U.S. Green Building Council (USGBC) Leadership in Energy and
Environmental Design (LEED), a bonus of additional feet may be added
to the maximum floor area ratio for property owners or developers
that comply with certain of the LEED standards, set forth in Appendix
A, which shall be incorporated into herein by reference. The complete
LEED standards may be found at http://www.usgbc.org., or by contacting
the U.S. Green Building Council, 1015 18th Street, NW, Suite 508,
Washington, DC 20036. Copies of the standards are also available in
the Clerk's or Zoning Officers at the West Cape May Borough Hall.
b.
Any developer or property owner that includes at least 25 LEED points
for LEED standards set forth in Appendix A[1] incorporated into the plan for construction may add 250
square feet to a dwelling's permitted gross floor area in the district
where the dwelling is located.
[1]
Editor's Note: Appendix A referred to herein, may be found
as an attachment to this chapter.
c.
Any developer or property owner that includes at least 20 LEED points
for the LEED standards set forth in Appendix A[2] incorporated into the plan for construction may add 200
square feet to a dwelling's permitted gross floor area in the district
where the dwelling is located.
[2]
Editor's Note: Appendix A referred to herein, may be found
as an attachment to this chapter.
d.
Any developer or property owner that includes at least 15 LEED points
for the LEED standards set forth in Appendix A[3] incorporated into the plan for construction may add 150
square feet to a permitted dwelling's gross floor area in the district
where the dwelling is located.
[3]
Editor's Note: Appendix A referred to herein, may be found
as an attachment to this chapter.
e.
A developer or property owner proposing a plan for construction that
is eligible for less than 15 LEED points may add additional square
feet to a dwelling's permitted gross floor area as follows: 100 square
feet for 10 LEED points and 50 square feet for five points.
f.
The Zoning Officer shall have no authority to approve additional
square footage to a permitted gross floor area, except according to
the ratios set forth above, and in no case shall a developer or property
owner be allowed additional square footage for less than five LEED
points.
g.
The following process shall apply to applicants seeking a FAR bonus
pursuant to LEED guidelines, as set forth above:
1.
A LEED scorecard shall be submitted with a zoning certificate application
detailing which credits the applicant shall seek to apply to the project,
and the method that will be utilized to satisfy the credit.
2.
All plans submitted for review shall contain the project components
listed on the LEED scorecard.
3.
A zoning certificate or variance approval granted pursuant to green
building incentives as provided in this section shall contain conditions
that all components listed on the LEED scorecard be achieved and maintained.
4.
If the final project does not include the approved green building
components, the Construction Official shall not issue a certificate
of completion and/or occupancy certification.
5.
Final occupancy certification shall be issued by the Construction
Official upon certification by the property owner or developer that
the project achieved the approved level of LEED certification.
[Ord. No. 130-88 § A11; Ord. No. 396-07 § 8]
In the R-2 zoning district, a lot, lots, building, buildings
or premises may be used by right for the following purposes only:
a.
Farms.
b.
Single-family dwellings.
c.
Two family dwellings.
d.
Multiple dwellings having three or four dwelling units in one or
more structures.
e.
Mobile home parks consisting of 20 or more mobile homes.
f.
Campgrounds having 35 or more sites for camping.
g.
Properly
licensed cannabis cultivation facilities, provided they conform to
all area and bulk standards governing farms in the R-2 district, including
standards for permitted accessory uses. In addition, such establishments
will meet the following standards:
[Added 7-14-2021 by Ord. No. 603-21]
1.
There will be 24/7 on-site video monitoring of the facility. The
video shall be maintained for the period prescribed by state law,
but in no case less than 30 days.
2.
On-premises cannabis consumption areas are prohibited.
3.
Compliance with all area and bulk standards in the zone.
4.
Compliance with all state statutory and regulatory requirements.
[Ord. No. 130-88 § A11; Ord. No. 375-07 § 8; Ord. No. 396-07§ 9]
The minimum area and bulk requirements in the R-2 zoning district
are as follows:
|
Single-Family Dwelling
|
Two-Family Dwelling
|
Three Dwelling Unit Property
|
Four Dwelling Unit Property
| |
|---|---|---|---|---|
|
Lot area
|
7,500
sq. ft.
|
10,000
sq. ft.
|
12,500
sq. ft.
|
15,000
sq. ft.
|
|
Lot frontage
|
50'
|
75'
|
100'
|
125'
|
|
Lot width
|
50'
|
75'
|
100'
|
125'
|
|
Front yard setback
|
20'
|
20'
|
20'
|
20'
|
|
Each side yard setback
|
6'
|
6'
|
6'
|
6'
|
|
Total side yard setback
|
16'
|
16'
|
16'
|
16'
|
|
Rear yard setback
|
20'
|
20'
|
20'
|
20'
|
|
Lot depth
|
150'
|
133'
|
125'
|
120'
|
|
Maximum lot coverage for principal building and accessories
|
40%
|
40%
|
40%
|
40%
|
|
Maximum gross floor area
|
3,375 sq. ft.
|
2,250 sq. ft.
per unit
4,500 sq. ft.
per structure
|
1,875 sq. ft.
5,625 sq. ft.
per structure
|
1,688 sq. ft.
per unit
6,750 sq. ft.
per structure
|
|
Maximum floor area ratio
|
45%
|
45%
|
45%
|
45%
|
|
Building height
|
35'
|
35'
|
35'
|
35'
|
[Ord. No. 130-88 § A11; Ord. No. 396-07 § 10; 9-11-2024 by Ord. No. 639-24]
The following accessory uses only shall be permitted of right
in the R-2 zoning district for single family dwellings, two family
dwellings, three dwelling unit properties and four dwelling unit properties:
a.
Detached garages.
b.
Tool sheds.
c.
Private residential swimming pools, subject to the provisions and requirements of Section 27-38 of the Borough Code.
d.
Private tennis courts.
e.
Fences and walls.
f.
Off street parking areas.
g.
Storage sheds.
h.
Home occupations as conditional uses only.
i.
Animal shelters for customary residential pets.
j.
Roadside stands.
[Ord. No. 130-88 § A11; Ord. No. 396-07 § 11; 9-11-2024 by Ord. No. 639-24]
Except for private residential swimming pools, which are governed by Section 27-38 of the Code, the minimum bulk requirements for accessory uses in the R-2 zoning district shall be as follows:
[Ord. No. 130-88 § A11; Ord. No. 396-07 § 12]
The minimum area requirements in the R-2 zone for all other
uses permitted by right shall be as follows:
|
Farms
|
Mobile Home Park
|
Campgrounds
| |
|---|---|---|---|
|
Lot area
|
5 acres
|
4 acres
|
4 acres
|
[Ord. No. 130-88 § A11]
The following accessory uses only shall be permitted of right
in the R-2 zoning district for farms, mobile home parks and campgrounds:
[Ord. No. 130-88 § A11; Ord. No. 396-07 § 13]
The minimum bulk requirements for accessory uses to farms, mobile
home parks and campgrounds in the R-2 zoning district shall be as
follows:
[Ord. No. 375-07 § 8; Ord. No. 396-07 § 14]
[Ord. No. 375-07 § 9; Ord. No. 510-2016 § 2]
a.
Each single-family dwelling in the R-2 zoning district with a front
porch that is fully open on the front and at least one side is allowed
to deduct 200 square feet of porch space from the dwelling's gross
floor area.
b.
Each two-family dwelling in the R-2 zoning district with a front
porch that is fully open on the front and at least one side is allowed
to deduct 400 square feet of porch space from the dwelling's gross
floor area.
c.
Each three-dwelling units in the R-2 zoning district with a front
porch that is fully open on the front and at least one side is allowed
to deduct 600 square feet of porch space from the dwelling's gross
floor area.
d.
Each four-dwelling unit in the R-2 zoning district with a front porch
that is fully open on the front and at least one side is allowed to
deduct 800 square feet of porch space from the dwelling's gross floor
area.
[Ord. No. 375-07 § 10; Ord. No. 396-07 § 15]
[1]
Editor's Note: Pursuant to Ordinance No. 348-05, the former
R-3 zone lots are now in zone R-5. Prior ordinance history includes
portions of Ordinance No. 130-88.
[Ord. No. 302-01 § 4; Ord. No. 396-07 § 17]
In the R-4 zoning district, a lot, lots, building, buildings
or premises may be used by right for the following purposes only:
a.
Farms.
b.
Single-family dwellings.
c.
Properly
licensed cannabis cultivation facilities, provided they conform to
all area and bulk standards governing farms in the R-4 district, including
standards for permitted accessory uses. In addition, such establishments
will meet the following standards:
[Added 7-14-2021 by Ord. No. 603-21]
1.
There will be 24/7 on-site video monitoring of the facility. The
video shall be maintained for the period prescribed by state law,
but in no case less than 30 days.
2.
On-premises cannabis consumption areas are prohibited.
3.
Compliance with all area and bulk standards in the zone.
4.
Compliance with all state statutory and regulatory requirements.
[Ord. No. 302-01 § 4; Ord. No. 375-07 § 13; Ord. No. 396-07 § 18]
The minimum area and bulk requirements in the R-4 zoning district
shall be as follows:
|
Lot area
|
15,000 sq. ft.
|
|
Lot frontage
|
100'
|
|
Lot depth
|
150'
|
|
Lot width
|
100'
|
|
Front yard setback
|
20'
|
|
Each side yard setback
|
6'
|
|
Total side yard setback
|
16'
|
|
Rear yard setback
|
20'
|
|
Lot coverage
|
20%
|
|
Building height
|
35'
|
|
Maximum gross floor area
|
5,000 sq. ft.
|
|
Maximum floor area ratio
|
30%
|
[Ord. No. 302-01 § 4]
The minimum area requirements in the R-4 zoning district for
farms shall be as follows:
|
Lot area
|
5 acres
|
[Ord. No. 302-01 § 4; Ord. No. 348-05 § 5; Ord. No. 396-07 § 19; 9-11-2024 by Ord. No. 639-24]
The following accessory uses only shall be permitted of right
in the R-4 zoning district:
a.
Detached garages.
b.
Tools and storage sheds.
c.
Private residential swimming pools, subject to the provisions and requirements of Section 27-38 of the Borough Code.
d.
Private tennis courts.
e.
Fences and walls.
f.
Off street parking areas.
g.
Animal shelters for customary residential pets.
h.
Roadside stands.
i.
Customary accessory farm buildings.
j.
Horses for personal recreational use.
[Ord. No. 302-01 § 4; Ord. No. 396-07 § 20; 9-11-2024 by Ord. No. 639-24]
Except for private residential swimming pools, which are governed by Section 27-38 of the Code, the minimum bulk requirements for accessory uses in the R-4 zoning district shall be as follows:
[Ord. No. 302-01 § 4]
The following accessory uses only shall be permitted of right
in the R-4 zoning district for farms.
a.
Customary accessory farm buildings.
[Ord. No. 302-01 § 4; Ord. No. 348-05 § 6; Ord. No. 396-07 § 21]
The minimum bulk requirements for accessory uses to farms in
the R-4 zoning district shall be as follows:
[Ord. No. 302-01 § 4]
Any pre-existing vacant lot of record that meets current zoning
standards now shall remain a buildable lot and shall not require an
area or bulk variance.
[Ord. No. 375-07 § 12; Ord. No. 396-07 § 22]
[Ord. No. 375-07 § 13; Ord. No. 396-07 § 23]
[Ord. No. 348-05 § 4; Ord. No. 396-07 § 24]
In the R-5 zoning district, a lot, lots, building, buildings
or premises may be used by right for the following purposes only;
a.
Farms.
b.
Single-family dwellings.
d.
Properly
licensed cannabis cultivation facilities, provided they conform to
all area and bulk standards governing farms in the R-5 district, including
standards for permitted accessory uses. In addition, such establishments
will meet the following standards:
[Added 7-14-2021 by Ord. No. 603-21]
1.
There will be 24/7 on-site video monitoring of the facility. The
video shall be maintained for the period prescribed by state law,
but in no case less than 30 days.
2.
On-premises cannabis consumption areas are prohibited.
3.
Compliance with all area and bulk standards in the zone.
4.
Compliance with all state statutory and regulatory requirements.
[Ord. No. 348-05 § 4; Ord. No. 375-07 § 14; Ord. No. 396-07 § 25]
The minimum area and bulk requirements in the R-5 zone district
shall be as follows:
|
Lot area
|
35,000 sq. ft.
|
|
Lot frontage
|
150'
|
|
Lot width
|
150'
|
|
Front yard setback
|
20'
|
|
Each side yard setback
|
15'
|
|
Total side yard setback
|
30'
|
|
Rear yard setback
|
20'
|
|
Lot coverage
|
10%
|
|
Maximum gross floor area
|
6,500 sq. ft.
|
|
Maximum floor area ratio
|
17%
|
|
Building height
|
35'
|
[Ord. No. 348-05 § 4]
The minimum requirements in the R-5 zoning district for farms
shall be as follows:
|
Lot area
|
5 acres
|
[Ord. No. 348-05 § 4; Ord. No. 396-07 § 26; 9-11-2024 by Ord. No. 639-24]
The following accessory uses only shall be permitted of right
in the R-5 zoning district.
a.
Detached garages.
b.
Tools and storage sheds.
c.
Private residential swimming pools, subject to the provisions and requirements of Section 27-38 of the Borough Code.
d.
Private tennis courts.
e.
Fences and walls.
f.
Off-street parking areas.
g.
Animal shelters for customary pets.
h.
Roadside stands.
i.
Customary accessory farm buildings.
[Ord. No. 385-05 § 4; Ord. No. 396-07 § 27; 9-11-2024 by Ord. No. 639-24]
Except for private residential swimming pools, which are governed by Section 27-38 if the Code, the minimum bulk requirements for accessory uses in the R-5 zoning district shall be as follows:
[Ord. No. 348-05 § 4]
The following accessory uses only shall be permitted of right
in the R-5 zoning district for farms:
a.
Customary accessory farm buildings.
[Ord. No. 348-05 § 4; Ord. No. 396-07 § 28]
The minimum bulk requirements for accessory uses to farms in
the R-5 zoning district shall be as follows:
[Ord. No. 375-07 § 15; Ord. No. 396-07 § 29]
[Ord. No. 348-05 § 7]
Any pre-existing lot of record that would otherwise be subject
to the requirements of the R-5 zone but that meets existing area and
bulk zoning standards shall remain a buildable lot and shall not require
an area or bulk variance, for either development or expansion. Additionally,
any vacant lot contiguous to another lot owned legally or equitably
by the same owner shall remain a separate lot, and shall not be considered
merged as a result of this amendment. Furthermore, if because of fire,
flood or catastrophe, a use or structure existing at the time of this
amendment is destroyed, that use or structure may be restored to its
previous condition without the necessity of a variance.
(It is the intent of this subsection that those lots and uses
existing at the time of this amendment be preserved as pre-existing
lots and uses, and that they retain the benefit of the zoning that
existed prior to this amendment.)
[Ord. No. 375-07 § 16; Ord. No. 396-07 § 30]
[Ord. No. 428-09 § 27-15]
The purposes of the C-1 district are to: create a thriving commercial
district; encourage low-impact commercial development; promote diversity
in services and accommodations; encourage year-round commercial uses
that serve the needs of the community; and reuse of valuable historic
buildings to expand commercial use.
The C-1 regulations recognize the predominance of residential
uses by continuing to permit single- and two-family residential, while
encouraging commercial by providing zoning incentives for such uses.
The purpose of allowing residential and professional offices
above ground floor retail is to increase the viability of the property
by creating continuous activity. Residential units above commercial
also provide a realistic opportunity for affordable housing.
[1]
Editor's Note: Former C-1 Main Business/Mixed Use District,
previously codified herein and containing portions of Ordinance No.
130-88, was replaced with C-1 Broadway Commercial District by Ordinance
No. 428-09.
[Ord. No. 428-09 § 27-15.1; Ord. No. 539-2018]
In the C-1 zoning district, a lot, lots, building, buildings
or premises may be used by right for the following purposes only:
a.
Bed and Breakfasts, hotels and motels;
b.
Retail stores, excluding car dealerships, service stations and gas
stations;
c.
Personal and financial services establishments, excluding drive-through
service;
d.
Professional offices;
e.
Single-family and two-family dwellings;
f.
Reserved.
g.
Mixed use — residential dwelling units and/or professional
offices above ground floor permitted commercial uses;
h.
Roadside markets, nurseries and garden centers, and roadside stands;
i.
Churches and other charitable, educational, civic or nonprofit uses
or facilities;
j.
Public recreational facilities and public parking facilities.
l.
Liquor stores (for off-premises consumption only), either as a separate
establishment or in conjunction with a retail establishment, and subject
to the following:
[Ord. No. 428-09 § 27-15.2]
Single-family and two-family dwellings and accessories, including
accessory apartments, shall follow the R-1 area and bulk regulations
and accessory use regulations, with the exception of a ten (10') foot
front yard setback requirement (R-1 requires twenty (20') feet).
[Ord. No. 428-09 § 27-15.3]
Minimum area and bulk requirements for Bed and Breakfasts and
hotels and motels in the C-1 zoning district shall be as follows:
|
B &B
|
Hotel/Motel
| |
|---|---|---|
|
Lot area
|
5,000 sq. ft. for first 6 units and 1,500 sq. ft. per unit thereafter
|
5,000 sq. ft. for first 6 units and 1,500 sq. ft. per unit thereafter
|
|
Lot frontage
|
100'
|
100'
|
|
Lot width
|
100'
|
100'
|
|
Front yard setback
|
20'
|
20'
|
|
Each side yard setback
|
10'
|
10'
|
|
Total side yard setback
|
20'
|
20'
|
|
Rear yard setback
|
20'
|
20'
|
|
Lot coverage
|
50%
|
50%
|
|
Building height
|
35'
|
35'
|
[Ord. No. 428-09 § 27-15.4; 9-11-2024 by Ord. No. 639-24]
The following accessory uses shall be permitted of right in
the C-1 zoning district:
a.
Detached garages.
b.
Tool sheds.
c.
Private residential swimming pools, subject to the provisions and requirements of Section 27-38 of the Borough Code.
d.
Private tennis courts.
e.
Fences and walls.
f.
Off-street parking areas.
g.
Storage sheds.
h.
Animal shelters for customary residential pets.
i.
Restaurants in B&Bs and hotels and motels which shall have a
maximum number of seats equal to two times the total number of units
in the hotel or motel.
j.
Health club facilities in B&Bs and hotels and motels provided
such are limited to no more than five (5%) percent of the total floor
area of the facility.
k.
Conference and meeting rooms in B&Bs and hotels and motels provided
such are limited to no more than 20% of the total floor area of the
facility.
[Ord. No. 428-09 § 27-15.5; 9-11-2024 by Ord. No. 639-24]
Except for private residential swimming pools, which are governed by Section 27-38 of the Code, the minimum bulk requirements for accessory uses to Bed and Breakfasts/Guest Houses in the C-1 district for uses not located within the principal building shall be as follows:
|
B&B
|
Hotel/Motel
| ||
|---|---|---|---|
|
a.
|
Distance from side lot line
|
6'
|
6'
|
|
b.
|
Distance from rear lot line
|
6'
|
6'
|
|
c.
|
Distance from principal building
|
6'
|
6'
|
|
d.
|
Lot coverage
|
5%
|
5%
|
|
e.
|
Building height
|
15'
|
15'
|
[Ord. No. 428-09 § 27-15.6; Ord. No. 435-09 § 2; Ord. No. 551-2018 § 1]
(Residential dwelling units and/or professional offices above
ground floor permitted commercial uses)
|
Commercial/Mixed Use
| |
|---|---|
|
Lot area
|
5,000 sq. ft.
|
|
Lot frontage
|
50'
|
|
Lot width
|
50'
|
|
Front yard setback
|
10'
|
|
Each side yard setback
|
6'
|
|
Total side yard setback
|
16'
|
|
Rear yard setback
|
20'
|
|
Maximum lot coverage
|
60%
|
|
Maximum building height
|
35 feet
|
|
Maximum stories
|
3 stories
|
|
Minimum gross floor area per market rate residential unit
|
650 sq. ft.
|
|
Minimum gross floor area per unit "affordable housing unit"
|
500 sq. ft. for an efficiency unit, 650 sq. ft. for a one-bedroom
unit, 800 square feet for a two-bedroom unit and 950 square feet for
a three-bedroom unit.
|
[Ord. No. 428-09 § 27-15.7]
The following accessory uses to Commercial and Mixed Use only
shall be permitted of right in the C-1 zoning district:
[Ord. No. 428-09 § 27-15.8]
The minimum area and bulk requirements for such clearly customary
and incidental accessory uses shall be as follows:
[Ord. No. 551-2018 § 4]
a.
For residential projects of five or more units, such projects will
deliver an on-site affordable housing set-aside of 15% for rental
projects, and 20% for for-sale projects. Affordable units in said
projects must be affordable to very low, low and moderate income households
in accordance with the Borough's Affordable Housing Ordinance, the
Borough's Housing Element and Fair Share Plan, the Fair Housing Act,
N.J.S.A. 52:27D-301, et. seq. ("FHA"), Uniform Housing Affordability
Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC"), and applicable New
Jersey Council on Affordable Housing (COAH) Prior Round regulations,
N.J.A.C. 5:93-1 et seq.
b.
All affordable units will comply with the requirements of the Borough's
Affordable Housing Ordinance, which includes, but is not limited to
the following requirements:
1.
All residential affordable housing projects shall provide at least
13% very-low-income units, roughly 37% low-income units (such that
low + very low units = at least 50% of the total affordable units)
and no more than 50% moderate-income units.
2.
All affordable units shall comply with UHAC bedroom distribution
requirements.
3.
All affordable units will be affirmatively marketed in accordance
with UHAC by a qualified Administrative Agent, which may or may not
be the Borough's Administrative Agent. The developer will be responsible
for all costs associated with the affirmative marketing of the affordable
units.
4.
All affordable units will be deed restricted for a period of at least
30 years from the date of their initial occupancy, which shall be
memorialized in a deed restriction in a form that is satisfactory
to the Borough and/or the Borough's Administrative Agent and is compliant
with UHAC. Said deed restriction will be recorded in the County Clerk's
office.
c.
The Borough-wide Mandatory Set-Aside Ordinance shall not apply to
the C-1 zoning district.
[Ord. No. 428-09 § 27-16]
The purpose of this district is to encourage a mix of residential
uses within commercial shopping centers serving the needs of year-round
residents within the zone, and residents of adjacent neighborhoods
and communities.
The purpose of allowing residential and professional offices
above ground floor retail is to increase the viability of the property
by creating continuous activity. Residential units above commercial
also provide a realistic opportunity for affordable housing.
[1]
Editor's Note: Former C-2 General Business/Mixed Uses District,
previously codified herein and containing portions of Ordinance Nos.
130-88, 144-89 and 157-90 was replaced by C-2 Park Commercial District
by Ord. No. 428-09.
[Ord. No. 428-09 § 27-16.1; Ord. No. 539-2018]
a.
Retail stores, excluding car dealerships, service stations and gas
stations;
b.
Reserved;
c.
Personal and financial services establishments, including drive-through
service;
d.
Professional offices;
e.
Mixed use — residential dwelling units and/or professional
offices above ground floor permitted commercial uses;
f.
Reserved;
g.
Roadside markets, nurseries and garden centers, and roadside stands;
h.
Churches and other charitable, educational, civic or nonprofit uses
or facilities;
i.
Public recreational facilities and public parking facilities.
k.
Liquor stores (for off-premises consumption only), either as a separate
establishment or in conjunction with a retail establishment, and subject
to the following:
m.
Any distillery operating under a State issued distillery license issued and valid pursuant to N.J.S.A. 33:1-10(3), permitted as Conditional Use subject to the requirements in § 27-29, and subject to the bulk requirements in § 27-16.2.[1]
[1]
Editor’s Note: Former paragraph n, regarding properly
licensed cannabis retail establishments, which immediately followed,
was repealed 4-24-2024 by Ord. No. 637-24.
[Ord. No. 428-09 § 27-16.2; Ord. No. 435-09 § 3; Ord. No. 551-2018 § 2]
The minimum area and bulk requirements for all permitted uses
in the C-2 zoning district are as follows:
|
Lot area
|
7,500 sq. ft.
|
|
Lot frontage
|
50'
|
|
Lot width
|
50'
|
|
Front yard setback
|
20'
|
|
Each side yard setback
|
6'
|
|
Total side yard setback
|
16'
|
|
Rear yard setback
|
20'
|
|
Maximum lot coverage
|
60%
|
|
Maximum building height
|
35 feet"
|
|
Maximum stories
|
3 stories
|
|
Minimum gross floor area per unit residential
|
650 sq. ft.
|
|
Minimum gross floor area per unit "affordable housing unit"
|
500 sq. ft. for an efficiency unit, 650 sq. ft. for a one-bedroom
unit, 800 square feet for two-bedroom unit and 950 square feet for
a three-bedroom unit.
|
[Ord. No. 428-09 § 27-16.3]
The following accessory uses only shall be permitted of right
in the C-2 zoning district:
a.
Those uses which are clearly customary and incidental to the principal
business or upper floor residential use.
[Ord. No. 428-09 § 27-16.4]
The minimum area and bulk requirements for such clearly customary
and incidental accessory uses shall be as follows:
[Ord. No. 551-2018 § 5]
a.
For residential projects of five or more units, such projects will
deliver an on-site affordable housing set-aside of 15% for rental
projects, and 20% for for-sale projects. Affordable units in said
projects must be affordable to very low, low and moderate income households
in accordance with the Borough's Affordable Housing Ordinance, the
Borough's Housing Element and Fair Share Plan, the Fair Housing Act,
N.J.S.A. 52:27D-301, et. seq. ("FHA"), Uniform Housing Affordability
Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC"), and applicable New
Jersey Council on Affordable Housing (COAH) Prior Round regulations,
N.J.A.C. 5:93-1 et seq.
b.
All affordable units will comply with the requirements of the Borough's
Affordable Housing Ordinance, which includes, but is not limited to
the following requirements:
1.
All residential affordable housing projects shall provide at least
13% very-low-income units, roughly 37% low-income units (such that
low + very low units = at least 50% of the total affordable units)
and no more than 50% moderate-income units.
2.
All affordable units shall comply with UHAC bedroom distribution
requirements.
3.
All affordable units will be affirmatively marketed in accordance
with UHAC by a qualified Administrative Agent, which may or may not
be the Borough's Administrative Agent. The developer will be responsible
for all costs associated with the affirmative marketing of the affordable
units.
4.
All affordable units will be deed restricted for a period of at least
30 years from the date of their initial occupancy, which shall be
memorialized in a deed restriction in a form that is satisfactory
to the Borough and/or the Borough's Administrative Agent and is compliant
with UHAC. Said deed restriction will be recorded in the County Clerk's
office.
c.
The Borough-wide Mandatory Set-Aside Ordinance shall not apply to
the C-2 zoning district.
[Ord. No. 428-09 § 27-17]
The purpose of this district is to encourage a high density,
critical mass of commercial uses, preferably retail, leading to high
pedestrian traffic. The regulations in this district recognize the
importance of building form for a successful downtown.
The purpose of allowing residential and professional offices
above ground floor retail is to increase the viability of the property
by creating continuous activity. Residential units above commercial
also provide a realistic opportunity for affordable housing.
[1]
Editor's Note: Former § 27-15, C-3 Motel/Tourist Business
District, previously codified herein and containing portions of Ordinance
Nos. 130-88; 149-89 and 157-09 was replaced with C-3 Sunset/Commercial
District by Ordinance No. 428-09.
[Ord. No. 428-09 § 27-17.1; Ord. No. 539-2018; 7-14-2021 by Ord. No. 603-21; 4-24-2024 by Ord. No. 637-24]
In the C-3 zoning district, a lot, lots, building, buildings
or premises may be used by right for the following purposes only:
a.
Retail stores, excluding car dealerships, service stations and gas
stations;
b.
Personal and financial services establishments, excluding drive-through
service;
c.
Bed and Breakfasts and hotels and motels above ground floor permitted
uses (lobby/registration may be on ground floor, but may not occupy
greater than 20% of floor area).
d.
Mixed Use — Residential units above ground floor permitted
uses; and professional offices above ground floor permitted uses;
e.
Churches and other charitable, educational, civic or nonprofit uses
or facilities;
f.
Public recreational and public parking facilities;
g.
Restaurants, including outdoor dining (see Subsection, 27-27.15, Outdoor Dining Standards) and excluding drive-thru service. Restaurants that serve alcoholic beverages are permitted as conditional uses, subject to the requirements in § 27-29, Conditional Uses.
h.
Liquor stores (for off-premises consumption only), either as a separate
establishment or in conjunction with a retail establishment, and subject
to the following:
k.
Properly
licensed cannabis retail establishments. In addition, such establishments
will meet the following standards:
1.
There will be 24/7 on-site video monitoring of the facility. The
video shall be maintained for the period prescribed by state law,
but in no case less than 30 days.
2.
On-premises cannabis consumption areas are prohibited.
3.
Compliance with all area and bulk standards in the zone.
4.
Compliance with all state statutory and regulatory requirements.
5.
No more
than one Class 5 cannabis retailer license shall be permitted to operate
within the Borough at any given time.
[Ord. No. 428-09 § 27-17.2; Ord. No. 439-09 § 4; Ord. No. 551-2018 § 3]
The minimum area and bulk requirements in the C-3 Sunset Commercial
zoning district are as follows:
|
All Permitted Uses
| |
|---|---|
|
Lot area
|
5,000 sq. ft.
|
|
Lot frontage
|
50'
|
|
Lot width
|
50'
|
|
Front yard setback
|
Minimum 0', maximum 4'
|
|
Each side yard setback
|
Minimum 0', maximum 4'
|
|
Total side yard setback
|
Minimum 0', maximum 8'
|
|
Rear yard setback
|
10'
|
|
Maximum lot coverage
|
80%,
|
|
Maximum building height
|
35 feet
|
|
Maximum stories
|
3 stories
|
|
Minimum gross floor area per residential unit
|
650 sq. ft
|
|
Minimum gross floor area per unit "affordable housing unit"
|
500 sq. ft. for an efficiency unit, 650 sq. ft. for a one-bedroom
unit, 800 square feet for a two-bedroom unit and 950 square feet for
a three-bedroom unit.
|
[Ord. No. 428-09 § 27-17.3]
The following accessory uses only shall be permitted by right
in the C-3 zoning district for all other permitted uses:
a.
Those uses which are clearly customary and incidental to the permitted
use.
[Ord. No. 428-09 § 27-17.4]
The minimum area and bulk requirements for such clearly customary
and incidental accessory uses shall be as follows:
[Ord. No. 428-09 § 27-17.5]
Purpose: Recognizing the impact of the building design on a
commercial district, these regulations seek to create a visually stimulating
environment that contributes to economic success and livability. In
addition to height, bulk and setback requirements, other building
features affecting building design include storefront display windows,
door and window openings, and roof shape.
Storefront buildings have traditionally been designed to reinforce
the purpose of commercial activity. The rhythm of storefront openings
along the street creates a powerful visual image that consumers recognize
and associate with commercial activity.
a.
Percentage of glass for first floor storefront: 50% of the first
floor façade.
b.
Second floor front facades are to be in vertical alignment with first
floor front facades. Upper floor window openings on adjacent buildings
shall be proportional and constant in order to reinforce a strong
horizontal continuity along an entire block.
c.
Building design on buildings greater than fifty (50') feet wide shall
have separate architectural features creating an image of separate
storefronts no greater than thirty (30') feet each (bays).
d.
Roofs shall be flat, and shall have a decorative cornice or parapet,
that can also serve as a buffer for rooftop mechanical equipment.
e.
Balconies facing the street on 2nd and 3rd floors shall be limited
to twenty-four (24") in depth.
[Ord. No. 551-2018 § 6]
a.
For residential projects of five or more units, such projects will
deliver an on-site affordable housing set-aside of 15% for rental
projects, and 20% for for-sale projects. Affordable units in said
projects must be affordable to very low, low and moderate income households
in accordance with the Borough's Affordable Housing Ordinance, the
Borough's Housing Element and Fair Share Plan, the Fair Housing Act,
N.J.S.A. 52:27D-301, et. seq. ("FHA"), Uniform Housing Affordability
Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC"), and applicable New
Jersey Council on Affordable Housing (COAH) Prior Round regulations,
N.J.A.C. 5:93-1 et seq.
b.
All affordable units will comply with the requirements of the Borough's
Affordable Housing Ordinance, which includes, but is not limited to
the following requirements:
1.
All residential affordable housing projects shall provide at least
13% very-low-income units, roughly 37% low-income units (such that
low + very low units = at least 50% of the total affordable units)
and no more than 50% moderate-income units.
2.
All affordable units shall comply with UHAC bedroom distribution
requirements.
3.
All affordable units will be affirmatively marketed in accordance
with UHAC by a qualified Administrative Agent, which may or may not
be the Borough's Administrative Agent. The developer will be responsible
for all costs associated with the affirmative marketing of the affordable
units.
4.
All affordable units will be deed restricted for a period of at least
30 years from the date of their initial occupancy, which shall be
memorialized in a deed restriction in a form that is satisfactory
to the Borough and/or the Borough's Administrative Agent and is compliant
with UHAC. Said deed restriction will be recorded in the County Clerk's
office.
c.
The Borough-wide Mandatory Set-Aside Ordinance shall not apply to
the C-3 zoning district.
[Ord. No. 153-89 § 2; Ord. No. 428-09 § 27-18.1]
In the P-Preservation district, a lot, lots, building, buildings,
premises or any portion thereof situated within the P-Preservation
District Zone may be used by right for the following purposes and
only after approval by the New Jersey Department of Environmental
Protection and site plan review by the West Cape May Planning Board:
a.
Public purpose uses which shall mean use by any governmental entity
or any officially created authority or agency thereof having jurisdiction
in the Borough of West Cape May.
b.
Agricultural uses limited solely to the cultivation and harvesting
of naturally occurring agricultural or horticultural products.
c.
Water oriented uses such as marinas and boat slips.
d.
Public walkways, boardwalks for the viewing and enjoyment of the
natural scenery and wildlife.
[Ord. No. 364-06 § 1; Ord. No. 378-07 § 1; Ord. No. 533-2018]
The purpose of this section is to implement the historic preservation
element of the Master Plan, to provide guidance to property owners
in achieving preservation of historic resources and to advance the
following public purposes:
a.
To preserve and protect historic, architectural, cultural, archaeological
and aesthetic resources for the general welfare;
b.
To identify, designate and regulate Historic Districts and Historic
Sites to preserve their historic, architectural, cultural, archaeological
and aesthetic significance;
c.
To encourage the continued use of historic resources and facilitate
their appropriate reuse;
d.
To preserve and enhance the environmental quality of the neighborhoods;
e.
To maintain and develop an appropriate and harmonious setting for
the historic and architecturally significant buildings, structure,
sites, objects and/or districts within the Borough of West Cape May;
f.
To strengthen the Borough's economic base by the stimulation of cultural
tourism;
g.
To stabilize and improve property values and discourage the unnecessary
demolition of historic resources;
h.
To foster economic development and manage growth;
i.
To foster civic pride in the beauty and accomplishments of the Borough's
past;
j.
To educate the general public and public officials about the importance
of preserving the community heritage;
k.
To promote appreciation of the Borough of West Cape May Historic
District and any other designated historic districts for the education,
pleasure and general welfare of the citizens of the Borough and its
visitors;
l.
To encourage private reinvestment in existing or new structures in
a manner that preserves, restores, repairs or is compatible with the
original architectural style which is characteristic of the Historic
District in which the structure is located.
[Ord. No. 364-06 § 1; Ord. No. 378-07 § 1; Ord. No. 533-2018]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean an extension or increase in building size, floor
area or height.
Shall mean a municipal official or officials who are designated
by Borough ordinance or resolution.
[Amended 9-11-2024 by Ord. No. 640-24]
Shall mean as applied to a building or structure, a change
or rearrangement in the structural parts or in the means of egress,
or an enlargement, whether by extending on a side or by increasing
in height or the moving from one location or position to another,
or the change in appearance of the exterior surface of any improvement.
Shall mean the individual holding this position in the Borough,
and who is authorized to issue zoning permits pursuant to N.J.S.A.
40:55D-18.
[Added 9-11-2024 by Ord. No. 640-24]
Shall mean a resolution issued by the Historic Preservation
Commission approving a proposed project for minor and/or major work in
an historic district or on an historic site. The review takes place
at a public hearing held before the full Commission and is based upon
the application and representation of the applicant and the approved
plans presented for the preservation, restoration, rehabilitation
or alteration of an existing property, or the demolition, addition,
removal, repair or remodeling of any feature on an existing building
within the historic district, or for any new construction within the
historic district.
[Amended 9-11-2024 by Ord. No. 640-24]
Shall mean the partial or total razing, dismantling or destruction
of any Historic Site or any improvement within a Historic District.
Shall mean the process of determining whether identified
properties meet defined criteria of historical, architectural, archaeological
or cultural significance. Alternatively, determining whether a proposed
project at a property in an historic district or on an historic site
is appropriate.
Shall mean an area designated by the Historic Preservation
Commission and adopted by the Board of Commissioners as an historic
district. The area is characterized by a distinct sense of place and
local character, and by the presence of historic resources.
Shall mean any building or structure that contributes to
the character and significance of the historic district, or any part
of a building or structure which contributes to the significance of
the building or structure.
Shall mean any real property, man-made structure, natural
object or configuration or any portion or group of the foregoing that
has been designated in the Master Plan as of historic, archaeological,
cultural, scenic or architectural significance at the national, state
or local level, as specifically designated herein; or any property
located in a historic district. The designation of a Historic Site
or landmark shall include the tax map lot on which it is located as
well as the contiguous right-of-way.
Shall mean any structure situated on property included in
the Historic Designation List of the Borough of West Cape May.
Shall mean any structure or any part thereof installed upon
real property by human endeavor and intended to be kept at the location
of such construction or installation.
Shall mean the ability of a property or element to convey
its historic significance; the retention of those essential characteristics
and features that enable a property to effectively convey its significance.
Shall mean a list of historic properties determined to meet
criteria of significance specified herein.
Shall mean any proposed work that includes:
[Added 9-11-2024 by Ord. No. 640-24]
Demolition of any building, improvement, site, place or structure;
Change in the exterior appearance of any contributing building,
improvement, site, place or structure by addition, reconstruction,
alteration or maintenance;
Relocation of a principal or accessory building or structure;
or
Any addition to or new construction of a principal or accessory
building or structure, except that sheds of an area less than 120
square feet are excluded.
Shall mean any proposed work that:
[Amended 1-22-2020 by Ord. No. 577-20; 9-11-2024 by Ord. No. 640-24]
Does not involve demolition, relocation or removal of a historic
building, resource, or structure;
Does not involve an addition to a property in a historic district
or new construction in a historic district;
Is a request for approval of fences, rear decks, signs, lighting,
doors, windows, roofs, paving, shutters, HVAC, generators, exterior
shower enclosures exterior sheathing or hardscape work that will comply
with the adopted design guidelines for the improvement proposed where
a specific guideline applies and that will not substantially affect
the characteristics of the historic site or the historic district;
or
Is a request for a field change for a Certificate of Appropriateness that has already been issued and that meets the criteria of Subsection c above.
Shall mean the established criteria for evaluating the eligibility
of properties for inclusion in the National Register of Historic Places.
Shall mean a building that does not contribute to the character
for which the historic district was designated; or a building, site,
structure or object that does not add to the historic architectural
qualities, historic associations or archaeological values for which
a property is significant because: 1) it was not present during that
period of significance; 2) due to alterations, disturbances, additions
or other changes it no longer possesses historic integrity reflecting
its character at that time or is incapable of yielding important information
about the period.
Shall mean repair of any deterioration, wear or damage to
a structure or any part thereof in order to return it as nearly as
practicable to its condition prior to the occurrence of the deterioration,
wear, or damage with in-kind material and quality workmanship. Ordinary
maintenance shall also include in kind replacement of exterior elements
or accessory hardware including signs, using the same material and
workmanship and having the same appearance.
Shall mean any required approval for exterior work to any
improvement or property in a historic district or on a historic site.
"Permit" shall include, but is not limited to, a building permit,
a window replacement permit, a demolition permit, a permit to move,
convert, relocate or remodel or to change the use or type of occupancy
of any improvement or property in a historic district which involves
exterior changes to the structure or the property on which it is located.
Shall mean a resolution issued by the Historic Preservation
Commission to an applicant and the zoning and building official, endorsing
a project. The project must be "minor work" as defined in this section
(see "Minor Work"), the Zoning Official must determine the project
as applicable for committee review, and the work must be deemed appropriate
by a committee of the Historic Preservation Commission.
[Amended 3-23-2022 by Ord. No. 609-22; 9-11-2024 by Ord. No. 640-24]
Shall mean the act or process of applying measures to sustain
the existing form, integrity and material of a building or structure,
and the existing form and vegetative cover of a site. It may include
initial stabilization work, where necessary, as well as ongoing maintenance
of the historic building's materials.
Shall mean the act or process of applying measures designed
to affect the physical condition of a property by defending or guarding
it from deterioration, loss or attack, or to cover or shield the property
from danger or injury.
Shall mean the act or process of reproducing by new construction
the exact form and detail of a vanished or nonsurviving building,
structure or object, or any part thereof, as it appeared at a specific
period of time when documentary and physical evidence is available
to permit accurate reconstruction.
Shall mean the act or process of returning a property to
a state of utility through repair or alteration that makes possible
an efficient contemporary use while preserving those portions or features
of the property that are significant to its historical, architectural
and cultural values.
Shall mean any work done on an improvement that is not an
addition and does not change the exterior appearance of any improvement;
provided, however, that any such repairs must be done with materials
that are the same as the original or historic materials and workmanship
of the same quality as the original or historic workmanship.
Shall mean the act or process of accurately recovering the
form and details of a property and its setting as it appeared at a
particular period of time by means of the removal of later work or
by the replacement of missing earlier work.
Shall mean the visual character of the street, including,
but not limited to, the architecture, building setbacks and height,
fences, storefronts, signs, lighting, parking areas, materials, sidewalks,
curbing and landscaping.
Shall mean a combination of materials to form a construction
for occupancy, use or ornamentation whether installed on, above, or
below the surface of a parcel of land.
Shall mean a process of identifying and gathering data on
a community's historic resources. It includes a field survey, which
is the physical search for and recording of historic resources on
the ground; preliminary planning and background research before the
field survey begins; organization and presentation of survey data
as the survey proceeds; and the development of inventories.
Shall mean the raw data produced by the survey; that is,
all the information gathered on each property and area investigated.
[Ord. No. 364-06 § 1; Ord. No. 378-07 § 1; Ord. No. 533-2018; 9-11-2024 by Ord. No. 640-24]
a.
Responsibilities. The Historic Preservation Commission shall have
the following duties and responsibilities:
1.
To identify, record and maintain a survey and inventory of all buildings,
sites, places, landmarks and structures of historical or architectural
significance based on the Secretary of the Interior's Standards and
Guidelines for Archaeology and Historic Preservation; and to aid the
public in understanding their worth, methods of preservation, techniques
or gathering documentation and related matters.
2.
To make recommendations to the Planning Board on the historic preservation
plan element of the Master Plan and on the implications for preservation
of historic sites or any other Master Plan elements. The Commission
may provide information to the Planning Board indicating the location
and significance of historic sites and districts and by identifying
the standards used to assess worthiness for historic site or district
identification.
3.
To advise the Planning Board on the inclusion of historic sites and
landmarks in the recommended capital improvement program.
4.
To advise the Planning Board on applications for development, pursuant
to N.J.S.A. 40:55D-110.
5.
To provide written reports pursuant to N.J.S.A. 40:55D-111 on the
application of the Zoning Ordinance provisions concerning historic
preservation.
6.
To issue Certificates of Appropriateness and Permits for Minor Work pursuant to Subsection 27-19.5 of this section.
7.
To establish administrative procedures and/or regulations to carry
out the purposes of this section.
8.
To carry out such other advisory, educational and informational functions
as will promote historic preservation in the Borough.
9.
To provide technical assistance to property owners on how to preserve,
restore and rehabilitate structures, and to advise property owners
about the accuracy of historic restoration, including materials, fenestration,
architectural detail, and environment, as budgeted by the Board of
Commissioners.
b.
Establishment.
1.
Members. There is hereby established a West Cape May Historic Preservation
Commission, to be appointed by the Mayor. The Commission shall be
consistent with N.J.S.A. 40:55D-107 et seq. The Commission shall consist
of five regular members and two alternate members. Members shall serve
without compensation. At the time of appointment, at least one member
each shall be designated from Class A and Class B.
(a)
Class A: A person who is knowledgeable in building design and
construction or architectural history and who may reside outside the
municipality; and
(b)
Class B: A person who is knowledgeable, or with a demonstrated
interest in, local history and who may reside outside the municipality;
and
(c)
Class C: Citizens of the municipality who shall hold no other
municipal office, position or employment except for membership on
the Planning Board. Class C members should have at minimum a demonstrated
interest in history, historic preservation or a related field.
(d)
Of the five regular members, at least one less than a majority
shall be Class A and Class B.
(e)
Alternate members shall meet the qualification of a Class C
member. At the time of appointment, alternate members shall be designated
as "Alternate No. 1" and "Alternate No. 2".
2.
Terms.
(a)
The terms for the members of the Historic Preservation Commission
first appointed by the Mayor shall be as follows:
(b)
Thereafter, the term of each regular member shall be four years.
All terms shall begin on January 1 of the year in which the appointment
is made.
(c)
Notwithstanding any other provision herein, the term of any
member common to the Historic Preservation Commission and the Planning
Board shall be for the term of membership on the Planning Board.
(d)
A vacancy occurring otherwise than by expiration of term shall
be filled within 60 days for the unexpired term only.
3.
Alternates.
(a)
Alternate members shall serve for terms of two years; provided,
however, that the initial terms of the two alternate members shall
be one and two years, respectively.
(b)
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. A vote shall not be delayed so that a regular member may vote
instead of an alternate. If a choice must be made as to which alternate
member is to vote, Alternate No. 1 shall vote.
4.
Commission Liaison. The Board of Commissioners shall designate a
member to act as a liaison between the Historic Preservation Commission
and the Commissioners.
5.
Officers. Annually, the Historic Preservation Commission shall elect
a Chairperson and a Vice Chairperson from its members and select a
recording secretary, who may or may not be a member of the Commission
or a Borough employee.
6.
Budget. Board of Commissioners shall make provision in its budget
and appropriate funds for the expenses of the Historic Preservation
Commission. The Commission may employ, contract for, and fix the compensation
of experts and other staff and services, as it shall deem necessary.
The Commission shall obtain its legal counsel from the Borough Attorney
at a rate of compensation determined by the Governing Body, unless
the Governing Body by appropriation provides for separate legal counsel
for the Commission. Expenditures pursuant to this subsection shall
not exceed, exclusive of gifts or grants, the amount appropriated
by the Board of Commissioners for the Commission's use. If the Commission
receives gifts or grants, they will be placed in a dedicated fund
for the exclusive use of the Commission.
7.
Finances. The Board of Commissioners shall establish by ordinance
reasonable fees necessary to cover the expenses of administration
and professional services to aid the Commission in its review of applications
and development reviews. These fees are in addition to any other required
under any portion of this or any other applicable Borough Ordinance.
8.
Rules of the Historic Preservation Commission.
(a)
The Commission shall adopt written rules for the transaction
of its business and for the consideration of applications for Certificates
of Appropriateness and for designations of historic districts and
sites. Such rules shall not be inconsistent with the provision of
this section and shall include, but not be limited to, rules pertaining
to all notices and hearing required herein.
(b)
To make available to the public information useful for the preservation
and protection of historic districts and sites and to provide the
basis for consistency of policy, the Administrative Officer on behalf
of the Commission shall maintain complete files and records. The Commission's
files shall include, but are not limited to, data used in the classification
of buildings as key, contributing or noncontributing, places and structures;
minutes of Commission meetings; applications for Certificates of Appropriateness
along with collateral data; decisions and appeals associated therewith;
and information, material and references submitted to the public related
to historic preservation. A record of Commission proceedings shall
be kept and made available, but a formal verbatim record shall not
be required.
(c)
The Commission Secretary shall keep minutes and records of all
meetings and proceedings, including voting records, attendance, resolutions,
findings, determinations, decisions and application. All meetings
shall be noticed and conducted in accordance with the Open Public
Meetings Act. Copies of all minutes shall be maintained in the office
of the Commission and shall be delivered promptly to the Borough Clerk.
(d)
Copies of records shall be made available to Borough bodies,
agencies, and officials for their use. When the Planning Board refers
an application to the Historic Preservation Commission, the Planning
Board shall receive a copy of the Commission's report.
(e)
The Zoning Official shall maintain and display an up-to-date
map showing the historic district, as well as a current listing of
historic sites.
9.
Conflicts of Interest. No member of the Commission shall be permitted
to act on any matter in which he or she has, either directly or indirectly,
any personal or financial interest. Unless a member resides or owns
property within two hundred (200') feet of property which is the subject
of an application, mere ownership or residence in a designated historic
district and/or ownership of a designated historic site or a nondesignated
site shall not be deemed a personal or financial interest.
10.
A member of the Commission may, after a public hearing if requested,
be removed by the Governing Body for cause.
11.
Meetings; Quorum.
(a)
The Commission shall establish and post in Borough Hall a regular
schedule of a minimum of one meeting per month. Regular meetings shall
be held as scheduled unless canceled for lack of applications to process.
Additional special meetings may be called by the Chairperson or Vice
Chairperson, or on the request of any two of its members, when the
regular meetings are inadequate to meet the needs of its business,
to handle emergencies or to meet time constraints imposed by law.
(b)
Three members shall constitute a quorum. Nonmember liaisons
may not vote. A majority vote of those present and voting shall prevail,
and shall be sufficient to grant or deny a Certificate of Appropriateness.
A majority of the appointed membership shall be required to grant
or change a historic site or district designation or to hear a demolition
application.
(c)
The Historic Preservation Commission shall prepare an annual
report to the Governing Body which shall be available to the public
and placed on file in Borough Hall. The report shall detail all activities,
including problem solving, advice and support given.
(d)
The Historic Preservation Commission shall hold public hearings
to review all applications for Certificates of Appropriateness, referrals
of development applications and other business that comes before the
Commission.
[Ord. No. 364-06 § 1; Ord. No. 378-07 § 1; Ord. No. 533-2018]
a.
Survey. The Commission shall maintain a comprehensive Survey of the
Borough of West Cape May to identify historic districts, sites and
landmarks which are worthy of protection and preservation.
b.
Criteria for Designation. The criteria for evaluating and designating
historic districts and sites shall reflect the National Register Criteria.
The Commission or any interested party may recommend designation of
historic sites or districts that have integrity of location, design,
setting, materials, workmanship and association and that meet one
or more of the following criteria:
1.
Character, interest, or values as part of the development, heritage
or cultural characteristics of the Borough, State or nation;
2.
Association with events that have made a significant contribution
to the broad patterns of our history; or
3.
Association with the lives or persons significant in our past; or
4.
Embodiment of the distinctive characteristics of a type, period or
method of construction, architecture, or engineering; or
5.
Identification with the work of a builder, designer, artist, architect
or landscape architect whose work has influenced the development of
the Borough, State or nation; or
6.
Embodiment of elements of design, detail, material or craftsmanship
that render an improvement architecturally significant or structurally
innovative; or
7.
Unique location or singular physical characteristics that make a
district or site an established or familiar visual feature; or
8.
That have yielded, or may be likely to yield, information important
in prehistory or history.
c.
Procedures for Designation.
1.
Interested parties shall contact the Administrative Officer regarding
consideration of a proposed historic site or district. The Commission
may also initiate the designation of a historic site or district.
The Administrative Officer will schedule a hearing before the Commission
to review the proposed historic site or district.
2.
The formal historic district nomination shall include: a building-by-building
inventory of all properties within the district; color and/or black
and white photographs of all properties within the district; a property
map of the district showing boundaries; and a physical description
and statement of significance which address the criteria for designation
set forth herein. The formal historic site nomination shall include:
a color and/or black and white photographs, a tax map of the property
and a physical description and statement of significance which address
the criteria for designation set forth herein.
3.
Upon review and approval of the proposed site or historic district
by the Historic Preservation Commission, and after hearing the comments
of the public, if any, the Commission shall forward the proposed site
or district nomination to the Planning Board for consideration. Notification
shall be by public notice in the official paper and by prominent posting
in the municipal building at least 30 days prior to the Planning Board
hearing. The interested parties or the Commission shall submit to
the Planning Board a complete list of involved properties.
4.
Upon review and approval of the proposed site or district by the
Planning Board, the site or district nomination will be sent to the
Board of Commissioners for adoption to amend and supplement this chapter.
5.
All other requirements of the Municipal Land Use Law regarding adoption
of development regulations shall be followed.
d.
Designation of Districts. The following historic district is delineated
and described in the Master Plan and is hereby a designated Historic
District for purposes of this section:
1.
West Cape May Historic District. The designated historic district
is set forth on the Zoning Map of the Borough of West Cape May which
is incorporated herein by reference.
(a)
Amendments:
(1)
The Borough hereby adopts the attached map as the Historic District of the Borough of West Cape May, and Section 27-19.4(d) of the West Cape May Borough Code is amended so that the Borough’s Zoning Map, including delineation of this expanded Historic District, is incorporated into the section.
Editor's Note: The Historic District Map may be found as an
attachment to this chapter.
[Added 5-25-2022 by Ord. No. 613-22]
2.
Additional District. Any additional designated districts and site
and/or any changes in the designation of historic districts and historic
sites shall be effectuated by amendment of this section in accordance
with procedures provided for under Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. and the procedures set forth herein.
[Ord. No. 364-06 § 1; Ord. No. 378-07 § 1; Ord. No. 492-2015; Ord.
No. 533-2018; 3-23-2022 by Ord. No. 609-22; 9-11-2024 by Ord. No. 640-24]
a.
When Required. A Certificate of Appropriateness issued by the Commission
shall be required before a permit is issued, or before work can commence,
for any of the following activities within a historic district or
on a historic site designated on the Zoning Map.
1.
Demolition of any building, improvement, site, place or structure.
2.
Change in the exterior appearance of any building, improvement, site,
place or structure by addition, reconstruction, alteration or maintenance.
3.
Relocation of a principal or accessory building or structure.
4.
Any addition to or new construction of a principal or accessory building
or structure, except that sheds of an area less than 120 square feet
are excluded.
b.
When Not Required.
1.
A Certificate of Appropriateness shall not be required before a permit
is issued by the Construction Code Official for changes to the interior
of a structure or changes to the exterior of a structure that strictly
meet the standards for ordinary maintenance and repair as defined
in this section.
2.
The Zoning Official shall review all permit applications to determine
if the application proposes work that constitutes ordinary maintenance
and repair as defined in this section. If the Zoning Official determines
that the work strictly meets the standards for Ordinary Maintenance
and Repair the application may be forwarded to the Construction Official
and a permit may be issued. The Zoning Official shall refer the application
to the Historic Preservation Commission if he finds that the proposed
work does not meet the standards for ordinary maintenance and repair.
If the Zoning Official has any doubt as to whether the work constitutes
ordinary maintenance and repair, then he shall refer the request to
the Commission.
3.
The Zoning Official shall review all applications to the Historic Preservation Commission for Minor Work to determine if the application shall be reviewed for appropriateness by a committee of the Historic Preservation Commission or before the full Commission. See Permit for Minor Work Subsection 27-19.5f below.
c.
Procedures.
1.
All applicants shall complete an application form. Application forms
shall be made available in the office of the Administrative Officer.
Complete applications shall be filed with the office of the Administrative
Officer.
2.
Each application may be accompanied by sketches, drawings, photographs,
descriptions, the property survey, if available, and other information
to show the proposed alterations, additions, changes or new construction.
Applications for demolition shall include current and archival photographs
of the interior and exterior of the building and drawings to document
the condition of the building. The Commission may require the subsequent
submission of such additional material as it reasonably requires to
make an informed decision.
3.
The Commission shall reach a decision on an application and submit
its report to the Administrative Officer within 45 days of referral
of a complete application by the Administrative Officer. Nothing herein
shall prohibit an extension of time by mutual agreement of the applicant
and the Commission.
4.
The Certificate of Appropriateness and/or denial of a Certificate
of Appropriateness shall include, at minimum, a statement of the significance
of the structure, a description of the proposed work, and the reasons
for the Commission's finding that the proposed project was appropriate
or not appropriate.
5.
Applications for demolition shall comply with all document, notice,
and miscellaneous requirements provided by the "West Cape May Guidelines
for the Historic District" adopted pursuant to this ordinance.
d.
Informational Meetings/Conceptual Review. Persons considering action
that requires a Certificate of Appropriateness for Major Work, as
set forth in this section, are encouraged to request an informal informational
meeting with the Commission prior to submitting a formal application
for a Certificate of Appropriateness for Major Work. Requests for
such informational meetings can be made to the Administrative Officer,
who will contact the Chairperson of the Commission. The Commission
shall hold such informational meetings within 15 days of receipt of
such request. The purpose of an informational meeting is to review
the design guidelines and standards of appropriateness and the procedures
for obtaining a Certificate of Appropriateness. Neither the applicant
nor the Commission shall be bound by any informational meeting or
conceptual review. Conceptual review shall not apply to any applications
for development. The Commission shall not consider conceptual review
of an application for development unless specifically referred to
it by the Planning Board.
e.
Application Review.
1.
Notices must comply with the requirements of the Open Public Meetings
Act.
2.
An applicant shall be required to appear or to be represented at
the meeting to consider the application for a Certificate of Appropriateness;
however the Commission may take action in the absence of the applicant.
3.
The Historic Preservation Commission shall issue a Certificate of
Appropriateness to the applicant if it finds the application appropriate
to the historic district or site and in conformity with the design
guidelines. The Commission shall issue a denial of a Certificate of
Appropriateness to the applicant if it finds the application inappropriate
to the historic district or site or not in conformity with the design
guidelines.
4.
When an application is approved, the Commission shall forthwith issue
a Certificate of Appropriateness. Failure to report within a 45 day
period shall be deemed to constitute a report in favor of the proposed
work and without conditions. If the applicant has consented to an
extension of time to consider the Certificate, the extension of time
should be transmitted to the Zoning Official and the Certificate shall
not be issued during the period of time of the extension.
5.
Appeals from determinations of the Administrative Officer pursuant
to referral to the Historic Preservation Commission may be made by
the applicant to the Planning Board, exercising the powers of a Board
of Adjustment according to N.J.S.A. 40:55D-25 and -70a. Nothing herein
shall be deemed to limit the right of judicial review of the action
after an appeal is concluded by the Planning Board. The appellant
shall pay all costs of copies of any transcript(s) required for appeal.
If, in the case of an appeal made pursuant to this subsection, the
Planning Board determines there is an error in any order, requirement,
decision or refusal made by the Administrative Officer pursuant to
a Certificate or denial of a Certificate submitted by the Historic
Preservation Commission in accordance with N.J.S.A. 40:55D-111, the
Planning Board shall, in writing, include the reasons for its determination
in the findings of its decision thereon.
6.
The owner shall post the Certificate of Appropriateness or Permit
for Minor Work on a conspicuous spot on the site visible to the public
during the entire process of work.
7.
Issuance of an approval for an application to the Historic Preservation
Commission shall be deemed to be a final approval pursuant to this
section. Such approval shall neither cause nor prevent the filing
of any collateral application or other proceeding required by any
other ordinance to be made prior to undertaking the action required
concerning the landmark or any building, structure, object, or site
located within a landmark district. The denial for an application
to the Historic Preservation Commission shall be deemed to preclude
the applicant from undertaking the activity applied for.
8.
When a Certificate of Appropriateness has been issued, the Administrative
Officer or his appointee shall, from time to time, inspect the work
approved by such Certificate and shall regularly report to the Commission
the results of such inspections, listing all work inspected and reporting
any work not in accordance with such certificate.
9.
A Certificate of Appropriateness or Permit for Minor Work shall be
valid for a period of two years from date of issue unless reasonable
extensions are requested by the applicant or the Commission.
f.
Permit for Minor Work. A committee of the Historic Preservation Commission,
consisting of the Chairperson or their designee, a Commission member
appointed by the Chair or Secretary, and the Zoning Official as a
nonvoting member may review applications for Minor Work without holding
a public hearing, if the Zoning Official determines at the time the
application is received that the proposed work meets the appropriate
criteria for a Permit for Minor Work. If the committee finds the application
appropriate, it may act in place of the full Commission and issue
a Permit for Minor Work to the Zoning Official, who may then forward
it to the Borough's Construction Official so that a building permit
may be issued. In this instance the Permit for Minor Work issued by
the Committee shall include, at a minimum, a statement of the significance
of the structure, a description of the proposed work and the reasons
supporting the Committee's decision. If the committee does not find
the application appropriate or doubts its appropriateness, the application
shall be considered for a Certificate of Appropriateness and scheduled
for a public hearing before the full Board.
g.
Emergency Procedures.
1.
When a structure or improvement requires immediate repair to preserve
the continued habitability of the structure and/or the health and
safety of its occupants or others, emergency repairs may be performed
in accordance with construction codes, without first obtaining a Certificate
of Appropriateness or Permit for Minor Work. Under such circumstances,
the repairs performed shall be only such as are necessary to protect
the health and safety of the occupants of the structure or others
and/or to maintain the habitability of the structure. Where feasible,
temporary measures to prevent further damage should be used, provided
these measures are reversible without damage to the structure.
2.
The property owner shall make a request for the Commission's review
simultaneously with the onset of emergency work. The request shall
be made to the Administrative Officer. Such emergency work shall be
permitted only if the Administrative Officer certifies the immediate
necessity for such permit issuance. Upon notice to the full Commission
by telephone, personal contact, or other appropriate means of communication,
at least three members of the Commission shall convene as soon as
possible and shall proceed to review the Certificate of Appropriateness
application as provided in this section. The Commission shall conduct
the emergency meeting in accordance with the Open Public Meetings
Act, N.J.S.A. 10:4-9. Subsequent to such review, a Certificate of
Appropriateness or Permit for Minor Work may be issued upon a majority
vote of the members convened.
3.
No work in addition to the emergency repairs shall be performed on
the structure until an appropriate request for approval is made and
approval is obtained from the Commission after referral of the request
of the Zoning Official.
h.
Requirement of Obtaining Certificate of Appropriateness for Government
Actions.
1.
The intent and purposes of this section would not be fully served
if the municipality and other governmental agencies were to control
the actions of other but fail to apply similar constraints to themselves.
The Borough of West Cape May, when it plans an alteration, demolition,
construction or change in appearance to any Borough-owned property
in any historic district or on any historic site, shall submit the
plans to the Historic Preservation Commission and shall receive an
advisory report on the appropriateness of those plans before undertaking
the work.
2.
In those circumstances where the Borough cannot require compliance,
as in certain cases involving the County, State, and Federal governments,
the Borough most strongly urges voluntary cooperation of such agencies
in seeking a Certificate or Determination of Appropriateness and hereby
authorizes the Commission to consider such requests and applications.
This does not relieve the property owner from complying with applicable
State and Federal regulations regarding historic preservation.
[Ord. No. 364-06 § 1; Ord. No. 378-07 § 1; Ord. No. 533-2018]
a.
The Planning Board shall refer to the Commission every application
for development submitted to the Board for development in historic
districts or on historic sites designated on the Zoning Map or identified
in any component element of the Master Plan. This referral shall be
made when the application for development is deemed complete or is
scheduled for a hearing, whichever occurs sooner. The Board shall
provide a copy of its agenda to the Commission members as soon as
it has been prepared and at the same time that it is mailed to the
members of the Board. Failure to refer the application as required
shall not invalidate any hearing or proceeding. The Commission may
provide its advice, which shall be conveyed through its delegation
of one of its members or staff to testify orally at the hearing on
the application and to explain any written report which may have been
submitted.
b.
On all matters referred to the Commission which require approval
of by the Planning Board, the decision of the Commission shall be
a recommendation only.
c.
Yard Variance. Because structures in historic districts are often
built close to the lot lines, it is in the public interest to retain
a neighborhood's historic appearance by approving variances to normal
yard requirements. Where it is deemed that such a variance will not
adversely affect neighboring properties, the appropriate Board may
grant such variance to standard requirements.
d.
An approval by the Planning Board does not relieve the applicant
of the requirement of obtaining a Certificate of Appropriateness for
those aspects of a change not approved by the application for development.
[Ord. No. 364-06 § 1; Ord. No. 378-07 § 1; Ord. No. 495-2015; Ord.
No. 533-2018; 9-11-2024 by Ord. No. 640-24]
a.
This section provides uniform standards, design guidelines and criteria
for the regulation of Historic Sites and Districts by the Historic
Preservation Commission. All projects requiring a Certificate of Appropriateness,
Permits for Minor Work, and all applications for development shall
be governed by the principles of the Secretary of the Interior's Standards
for Rehabilitation, the Secretary of the Interior's Standards for
the Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating & Reconstructing Historic Buildings, and the "West
Cape May Guidelines for the Historic District." In the event that
there is a conflict between any of the documents referenced above,
the "West Cape May Guidelines for the Historic District" shall prevail.
b.
Criteria for Finding Appropriateness. The Historic Preservation Commission
may consider the siting, design, arrangement, texture, details, scale,
shape, materials, finish, and relationship to streetscape of the proposed
work and the relationship of those characteristics to the historic,
architectural, cultural, archaeological, and aesthetic significance
of the historic site or district.
c.
In considering applications to the Historic Preservation Commission,
the Commission shall not consider use, zoning requirements for setbacks,
density, height limitations or lot coverage in finding appropriateness,
as these fall within the purview of the Planning Board.
d.
In considering development applications referred to it by a Board,
the Historic Preservation Commission may consider use, zoning requirements
for setbacks, density, height limitations, and lot coverage, in rendering
its advice to the Planning Board on the application of the zoning
ordinance provisions concerning historic preservation. The Commission
should emphasize the streetscape when reviewing applications for development.
The Commission shall not hear applications for development unless
referred to it by either the Planning Board or the Zoning Board of
Adjustment.
e.
Criteria for Review of all Applications. All reviews of applications
for Certificate of Appropriateness and plans within historic preservation
districts shall consider:
1.
The cultural, historic or architectural values of a structure and
its relationship to the surrounding area.
2.
The general compatibility of the proposed use to the cultural and
historical values of the surrounding area.
3.
The general compatibility of exterior design, arrangement, texture
and materials proposes to be used. In carrying out the review under
the guidelines, the following criteria shall be utilized:
(a)
All exterior elevations, including the roof, must be maintained
and new construction must be compatible with existing districts and
surrounding areas.
(b)
In-kind or similarly compatible building materials must be utilized.
(c)
Uses shall be environmentally compatible with the uses adjacent
to the property and throughout the surrounding areas. Uses shall not
adversely affect the uses in the adjacent or surrounding areas.
f.
Guidelines. From time to time the Historic Preservation Commission
may, pursuant to resolution, adopt guidelines that shall become part
of this chapter. Those guidelines include, but are not limited to,
guidelines for demolition applications, window guidelines, door guidelines,
exterior sheathing guidelines, fence guidelines, streetscape guidelines
and design guidelines. A copy of the guidelines shall be available
in the offices of the Construction Official, the Zoning Official and
the Borough Clerk. The guidelines may be amended by the Historic Preservation
Commission, but shall not take effect until approved by ordinance
of Board of Commissioners. [Guidelines Amendments: Ord. No. 409-08
§ 1; Ord. No. 439-09 § 1; Ord. No. 495-2015; Ord.
No. 575-2019]
[Ord. No. 364-06 § 1; Ord. No. 378-07 § 1; Ord. No. 533-2018; Ord.
No. 568-2019; 9-11-2024 by Ord. No. 640-24]
a.
Criteria. On an application to demolish or move an historic building,
site, place or structure, the following matters shall be considered.
The Historic Preservation Commission shall consider criteria 1 through
8 in determining whether it is appropriate to demolish a structure.
The Commission shall consider criterion 9 in determining whether the
applicant may demolish the building on the grounds of hardship.
1.
Its historic, architectural, cultural and aesthetic significance.
2.
Its current and potential use for those purposes currently permitted
by this chapter or for the use proposed.
3.
Its importance to the municipality and the extent to which its historical
or architectural value is such that its removal would be detrimental
to the integrity of the historic property or district and the public
interest.
4.
The extent to which it is of such significant craftsmanship, texture
or material that it could not be reproduced or could be reproduced
only with great difficulty.
5.
The extent to which its retention would increase property values,
promote business, create new positions, attract tourists, students,
writers, historians, artists and artisans, attract new residents,
encourage study and interest in American History, stimulate interest
and study of architecture and design, educate citizens in American
culture and heritage, or make the Borough of West Cape May a more
attractive and desirable place to live.
6.
The impact of its removal upon the historic district.
7.
The reason for not retaining the structure or improvement at its
present site, the proximity of the proposed new location and its accessibility
to residents of the municipality, and the probability of significant
damage to the structure or improvement as a result of the relocation
and whether moving the structure from the present site would diminish
its significance.
8.
A demolition and development plan must be submitted with the Application
for a Certificate of Appropriateness when any demolition is proposed.
The application will not be deemed complete without this plan.
9.
The Commission shall study the question of economic hardship for
the applicant and shall determine whether the site can be put to reasonable
beneficial use without the approval of the demolition application.
In the case of an income-producing building the Commission shall also
determine whether the applicant can obtain a reasonable return from
the existing building. The Commission may ask applicants for additional
information to be used in making these determinations. The request
may include but is not limited to:
(a)
Amount paid for the property, date of purchase, and party from
whom purchased, including a description of the relationship, whether
business or familial, if any, between the owner and the person from
whom the property was purchased;
(b)
Assessed value of the land and improvements thereon according
to the most recent assessment;
(c)
For depreciable properties a pro forma financial statement prepared
by an accountant or broker of record;
(d)
All appraisals obtained by the owner in connection with his
purchase or financing of the property, or during his ownership of
the property;
(e)
Bona fide offers to purchase or rent the property, if any;
(f)
Any consideration by the owner as to profitable, adaptive uses
for the property.
b.
Procedure.
1.
One/Two-Year Delay. The Commission may instruct the Construction
Office to withhold approval for a period of one year for residential
properties and two years for commercial properties. These delay provisions
are designed to allow the Borough of West Cape May, or other interested
parties, ample time and opportunity to determine whether it should
acquire the property for preservation.
2.
Where Demolition Disapproved. If the Commission disapproves an application
for a Certificate of Appropriateness to demolish a historic building,
place or structure, the owner shall nevertheless, as a matter of right,
be entitled to raze or demolish such building, place or structure,
provided that all of the following requirements have been fully met:
(a)
Appeal to Planning Board. The owner may opt to appeal the denial
of the Certificate of Appropriateness to the Planning Board. If the
owner appeals the denial of the demolition permit, the owner may simultaneously
commence marketing the property for sale for fair market value as
set forth below. Alternatively, the owner may await the decision of
the Planning Board.
(b)
(1)
Sale for Fair Market Value. The owner shall, prior to seeking demolition,
for a period of at least one year for residential properties and two
years for commercial properties, and at a price reasonably related
to its fair market value in its present use as a historic site or
structure, make a bona fide offer to sell such building, place or
structure and the land pertaining thereto to any person, organization,
government or agency thereof or political subdivision which gives
reasonable assurance that it is willing to preserve the building,
place or structure and the land pertaining thereto. In this instance,
the market value shall be determined by an appraiser selected by the
Historic Preservation Commission and at the expense of the owner.
(2)
The owners shall not have been a party to any bona fide contract binding upon all parties thereto, for the sale of any such building, place or structure and the land pertaining thereto executed prior to the expiration of the notice period, except a contract made in accordance with Subsection (b)(1) above.
(c)
Demolition Notice Posted and Publication. Notice of proposed
demolition shall be posted on the premises of the building, place
or structure throughout the notice period in a location such that
it is clearly readable from the street. The posted notice shall remain
in place for a period of time of one year for residential properties
and two years for commercial properties. In addition, the applicant
shall publish a notice in the official newspaper of the Borough within
the first 10 days following the date of the denial by the Historic
Preservation Commission or denial of the appeal by the Planning Board.
(d)
Certificate of Compliance. The property owner shall submit a
Certificate of Compliance for review and approval by the Historic
Preservation Commission to demonstrate that the owner has complied
with the requirements of this section.
3.
Assignment. No assignment of the rights granted by a Certificate
of Appropriateness shall be permitted.
4.
Expiration of Approval.
(a)
In cases where demolition is permitted, the Certificate of Appropriateness
shall be valid for one year from the date of Historic Preservation
Commission approval of the application. The one-year period shall
not be extended.
(b)
At the time of issuance of the Certificate of Appropriateness,
the Zoning Official shall designate the period of time (within the
one-year approval period) within which demolition must be completed
after it is initiated on site.
5.
Approval after Change of Circumstances. The Commission may at any
time during such notice period, if a significant change in circumstances
occurs, approve a Certificate of Appropriateness to demolish, in which
event, a certificate shall be issued within 10 days thereafter.
[Ord. No. 364-06 § 1; Ord. No. 378-07 § 1; Ord. No. 533-2018; 9-11-2024 by Ord. No. 640-24]
All municipal officials reviewing permit applications for real
property or improvements thereon shall determine whether the application
involves any activity that should also require Historic Preservation
Commission approval. If so, the official shall inform the Administrative
Officer, the applicant, and the Historic Preservation Commission.
[Ord. No. 364-06 § 1; Ord. No. 378-07 § 1 Ord. No. 533-2018; 9-11-2024 by Ord. No. 640-24]
a.
Violations.
1.
Should any person undertake a qualified activity at an historic site or improvement within a historic district without first having obtained and posted a Certificate of Appropriateness or Permit for Minor Work, he shall be in violation of this § 27-19.
2.
Upon learning of a violation, the Zoning Officer or their designee
shall personally serve upon the owner of the lot where the violation
is occurring a notice describing the violation in detail and giving
the owner 10 days to abate the violation by seeking review of the
extent and proposed work by the Historic Preservation Commission.
3.
If the owner cannot be personally served within the municipality
with the said notice, a copy shall be posted on site and a copy sent
by certified mail, return receipt requested, to the owner at the last
known address as it appears on the municipal tax rolls.
b.
Penalties. Any person who undertakes an activity affecting an historic site or improvement within a historic district without first having obtained a Certificate of Appropriateness or Permit for Minor Work, or without subsequent review by the Commission following discovery of the omission shall in addition to fines and penalties as set forth in § 1-5 of the West Cape May Code, be required to restore same to a condition consistent with its historic character and integrity, as approved by the Historic Preservation Commission.
c.
If,
on three occasions, a contractor who undertakes an activity affecting
an historic site or improvement within a historic district without
first having obtained a Certificate of Appropriateness or Permit for
Minor Work or without subsequent review by the Commission following
discovery of the omission, shall have their mandatory permit revoked
with the Borough of West Cape May.
d.
Injunctive Relief. Should any action that permanently and adversely
change a historic site or historic district, such as demolition or
removal, be about to occur without a Certificate of Appropriateness
having been issued, the Zoning Officer may apply to the Superior Court
of New Jersey for the injunctive relief necessary to prevent the injury
to the site or district.
[Ord. No. 364-06 § 1; Ord. No. 378-07 § 1; Ord. No. 533-2018]
The requirements of this section shall be in addition to, and
shall not be interpreted as a substitute for, any other approval,
permit or other action as otherwise provided for.
[Ord. No. 381-07 §§ 1,2; Ord. No. 533-2018; 9-11-2024 by Ord. No. 640-24]
b.
Additional
Fees to be Paid to the Historic Preservation Commission.
1.
Legal
Review (i.e., all applications): $300.00.
c.
Should the Commission determine that any professional review of an
application is necessary, it shall have the ability to require the
applicant to make an escrow deposit in an amount sufficient to defray
the cost of that professional review, and to require additional such
deposits if necessary.
[Amended 3-23-2022 by Ord. No. 609-22]
[Ord. No. 468-11; Ord. No. 533-2018]
The Map, as recommended and approved by the Historic Preservation
Commission, be and is hereby designated as the Official Historic District
Map of the Borough of West Cape May. The Historic District Map may
be found on file in the office of the Borough offices.
[Ord. No. 130-88 § A16]
The following regulations shall govern and be applicable to
lots, structures and uses in all zoning districts unless specifically
stated otherwise under the provisions set forth for the particular
district.
[Ord. No. 130-88 A16 § 1;
amended 9-23-2020 by Ord. No. 585-20]
Accessory buildings and uses shall not be constructed or utilized prior to construction and utilization of the principal building and use. All accessory buildings or uses, except parking areas and fences or walls, may only be located in the rear or side yard areas. Attached or detached garages may be located on a lot provided the setback from the property line along any street or other public right-of-way to the garage is a minimum of twenty (20’) feet pursuant to Section 27-27.3. This specific provision regarding garage setbacks will take precedence over any lesser setback requirement with general applicability.
[Ord. No. 130-88 A16 § 2; Ord. No. 520-2017]
a.
All buildings:
1.
Generally, dish placement should be positioned on auxiliary structures
and be minimally visible from the main right-of-way.
2.
On a flat roof, satellite dish or dish type antenna should be located
so they are not visible from the public street.
3.
Satellite dish or dish type antenna installation on free standing
ground is discouraged but may be considered on a case-by-case basis
if there are no suitable alternative locations and the location is
minimally visible from the main right of way.
4.
If located on a sloping roof building, satellite dish or dish type
antenna should only be installed on rear slopes that are minimally
visible from the public street.
5.
Satellite dish or dish type antenna shall be installed where they
least affect the view of the protected architectural features of the
building, and where they have the least aesthetic effect on the design
of the building and the appearance of a historic streetscape.
6.
Satellite dish or dish type antenna should be reversible with no
damage to the original roof or to the building.
7.
If the Zoning Official determines that the application strictly meets
the standards for Satellite Television Dishes and Antenna, the application
may be forwarded to the Construction Official and a permit may be
issued. If the Zoning Official has any doubt whether the proposed
work meets the standards, he shall refer the application to the Historic
Preservation Commission, if the property is in the Historic District,
or to the Planning Board if not in the Historic District.
[Ord. No. 130-88 A16 § 3; Ord. No. 153-89 § 3; Ord. No. 396-07 § 31; Ord. No. 428-09 § 27-27.3; Ord. No. 539-2018; amended 9-23-2020 by Ord. No. 586-20]
All uses shall provide adequate off-street parking. The following
is the minimum number of spaces required for each particular category
of use:
|
Use
|
Number of Spaces
|
|---|---|
|
Residential dwelling unit in R-1, C-1, C-2, C-3
|
See RSIS, N.J.A.C. 5:21-4.14
|
|
Residential dwelling unit in all other zones
|
See RSIS, N.J.A.C. 5:21-4.14
|
|
Bed & Breakfast, guest house, hotel, motel
|
1 space per unit, plus one space for owner/manager
|
|
Campground
|
1 space per unit plus 1 space for each employee
|
|
Mobile home park
|
1 space per unit plus 1 space for each employee
|
|
Farms
|
3
|
|
Banks and offices
|
1 space per 400 square feet of floor area
|
|
Retail businesses
|
1 space per 300 square feet of floor area
|
|
Restaurant
|
1 space for each 6 seats or 1 space per 150 square feet of total
restaurant floor area (including outdoor dining area), whichever is
greater.
|
|
Medical offices
|
1 space per 150 square feet of floor area
|
|
Personal service shops
|
1 parking space per 400 square feet of floor area
|
|
Laundry, self-service
|
One space per 400 square feet of floor area
|
|
Liquor stores
|
1 space per 300 square feet of floor area. Liquor stores shall
also provide one truck loading and unloading area for every 10,000
square feet, or part thereof, of gross floor area. Each truck area
shall be adjacent to the store, and shall be 14 feet wide by 60 feet
long (14'x 60').
|
|
Breweries/Distilleries
|
1 space for each 6 seats or 1 space per 150 square feet of total
floor area (including outdoor seating area), whichever is greater.
|
Where the applicant proposes a commercial use not specified
above, applicant shall be required to present evidence to the Planning
Board that the proposed development contains sufficient parking spaces.
Mixed Uses — If two or more uses are conducted
on one lot, the minimum required number of parking spaces shall be
the sum of the required parking spaces for each use.
Applications for nonresidential development may include the
following alternatives to on-site parking to be considered by the
Planning Board. These alternatives are not available if new construction
is proposed.
a.
Contribution to Dedicated Parking Fund. In the event that an applicant
has insufficient land for 100% of the required off-street parking
spaces based on the proposed use or uses of the site, the Planning
Board may still approve the application conditioned upon the applicant
installing the parking spaces for which there is sufficient land and
making a contribution for each additional parking space omitted, up
to the required number, to a Borough Parking Fund maintained by the
Borough specifically for the periodic purchase, lease, acquisition
or maintenance of off-street parking lots to serve the Borough. The
contribution for each parking space shall be paid prior to issuance
of a building permit or, at the option of the applicant at the time
of approval, in installments over a five-year period, with the first
payment due prior to the issuance of the building permit and additional
payments due on the annual anniversary of the first payment. Payments
not received by the Borough on the anniversary due date shall be delinquent
and added to the tax liability of the property owner subject to penalty
and interest. Upon sale of the property, any unpaid portion of the
contribution will be payable in full.
Contributions are required as follows:
|
# of Spaces
|
1 x Contribution/ Space
|
5-Year Payment Contribution/Space
|
|---|---|---|
|
First 5 spaces
|
$5,000/each space
|
$1,200/each space/year
|
|
Each additional space in excess of 5 spaces
|
$3,000/each space
|
$800/each space/year
|
b.
Off-site parking spaces within five hundred (500') feet walking distance
of a primary pedestrian entrance to the site being developed may be
provided through ownership or lease of the lot where the parking is
proposed. Proof of ownership or lease is required.
Driveways may be utilized to satisfy these parking requirements
for one- and two-family dwellings only.
Off-street parking spaces shall be not less than nine (9') feet
by eighteen (18') feet in size. Drive aisles shall be a minimum of
ten (10') feet in width.
All parking spaces, driveways and drive aisles shall be designed
and situated so as to provide safe and convenient access. Pervious
surfaces such as pervious or grass pavers, are encouraged. Where stone
or gravel is used, raised borders such as landscape planters shall
be used to keep material contained in parking area. Access drives
and walkways shall be of a stable material such as concrete, asphalt
or pavers.
Parking areas for commercial or mixed use that border a residential use or residential zone, shall be screened and buffered as stated in Subsection 27-27.8, Buffering. Such buffering shall be at least four (4') feet in width and four (4') feet in height and of a dense evergreen or similar species as may be determined by the Planning Board in connection with site plan review. See Landscaping and Vegetation § 27-36 of this chapter.
When site plan review is required, parking areas shall be in
conformance with lighting standards set forth in the Borough's site
plan regulations.
For all properties in all districts, ground level lighting shall
be used wherever possible. Lighting shall not exceed twelve (12')
from grade, and shall be shielded downward.
In the C-1 Broadway/Historic zoning district, except for restaurants
and B&B's, guest houses and hotel/motels providing greater than
six units (including owners quarters if present), parking requirements
shall be waived for pre- existing structures, except in the case of
new construction (expansion of existing structure or entirely new
structure).
In the C-1 Broadway zoning district, parking areas are prohibited
in the front yard. In the C-3 Sunset zoning district, parking areas
are prohibited in the front yard and side yards.
Garages fronting on a street in all districts for all uses shall
have a minimum setback of twenty (20') from the property line.
Curb cuts for driveways require zoning approval, and are permitted
at a maximum width of twelve (12') where one space is required, and
twenty-four (24') where two spaces are required.
[Ord. No. 130-88A16 § 4; Ord. No. 342-05 § 1; Ord. No. 428-09 § 27-27.4; Ord. No. 512-2016]
a.
Purpose. The purpose of this subsection is to protect the safety and orderly development of the community through the regulation of signs and sign structures. The intent of this subsection is to balance businesses' need to optimize visibility with the cumulative safety and aesthetic impact of all signs in the community. This subsection is consistent with the downtown vision as outlined in the 2008 Business District Urban Design Plan; community goals and objectives as stated in the 2005 Master Plan; and Chapter 27 zoning regulations regarding historic preservation, landscaping, and design standards.
b.
ANIMATED or MOVING SIGN
ARCHITECTURAL PROJECTION
AWNING
AWNING SIGN
BANNER SIGN
BENCH SIGN
BILLBOARD SIGN
CANOPY
CANOPY SIGN
CHANGEABLE SIGNS
CONSTRUCTION SIGN
DIRECTORY SIGN
FACE, SIGN
FACADE, PRINCIPAL
FACADE SIGN
FREESTANDING SIGN
GROUND SIGN or MONUMENT SIGN
HANGING SIGN
ILLUMINATED SIGN
INFLATABLE SIGN
MARQUEE
MARQUEE SIGN
MEMORIAL SIGN
MONUMENT SIGN
NEON SIGN
NONCONFORMING SIGN
POLE SIGN
PORTABLE SIGN
PROJECTING SIGN
ROOF SIGN
SHOPPING CENTER
SHOPPING CENTER SIGN
SIGN AREA
WALL SIGN
WINDOW SIGN
Definitions. When a specific definition is not provided, standard
definitions shall be used:
Shall mean a sign employing actual motion or the illusion
of motion.
Shall mean any projection that is not intended for occupancy
and that extends beyond the face of an exterior wall of a building,
but that does not include signs as defined herein.
Shall mean an architectural projection or shelter projecting
from and supported by the exterior wall of a building and composed
of a covering of rigid or nonrigid materials and/or fabric on a supporting
framework that may be either permanent or retractable.
Shall mean a sign attached to, affixed to, or painted on
an awning.
Shall mean a sign made of fabric or other similar flexible
material with no framework or electrical components. A pole banner
sign generally is made of fabric, affixed to a lamppost, and celebrates
an event, season, community, downtown district or organization.
Shall mean a sign painted on, located on, or attached to
any part of the surface of a bench, seat, or chair placed on or adjacent
to a public place or right of way. Memorial nameplates or dedication
plaques are not included.
Shall mean a commercial sign that directs attention to a
business, commodity, service or entertainment conducted, sold, or
offered at a location other than the premises on which the sign is
located.
Shall mean a multi-sided overhead structure or architectural
projection supported by attachments to a building on one or more sides
and either cantilevered from such building or also supported by columns.
Shall mean a sign affixed to the visible surface(s) of a
canopy.
|
FIXED-MESSAGE ELECTRONIC SIGNS - Shall mean signs
whose basic informational content has been preprogrammed to include
only certain types of information projection, such as time and temperature..
|
|
ELECTRONIC MESSAGE SIGN - Shall mean an electronically
activated changeable sign whose variable message capability can be
electronically programmed.
|
Shall mean a temporary sign placed on the premises where
construction is taking place, during the period of such construction,
indicating the names of the architects, engineers, landscape architects,
contractors, and the owners, financial supporters, sponsors, and similar
individuals or firms having a role or interest with respect to the
structure or project.
Shall mean a sign listing the tenants or occupants of a building
or group of buildings and that may also indicate their respective
professions or business activities.
Shall mean the area or display surface used for the message.
Shall mean the exterior wall of a building or structure that
fronts on a public street.
Shall mean the sign on the principal façade of a building.
Shall mean a sign supported by a structure affixed to the
ground, and not supported by a building, including pole signs.
Shall mean a freestanding sign in which the entire bottom
is in contact with or is close to the ground, supported by internal
structural framework.
Shall mean a freestanding sign supported by the extended
arm of a single post.
Shall mean a sign characterized by the use of artificial
light, either projecting through its surface (internally illuminated);
or reflecting off its surface (externally illuminated).
Shall mean any display capable of being expanded by air or
other gas and used on a permanent or temporary basis to advertise
a product or event.
Shall mean any hood, canopy, awning or permanent construction
that projects from a wall of a building, usually above an entrance.
Shall mean any sign part of a marquee and designated to have
changeable copy, either manually or electronically.
Shall mean a sign, tablet, or plaque memorializing a person,
event, structure, or site.
See Ground sign
Shall mean a sign consisting of glass tubing, bent to form
letters, symbols, or other shapes and illuminated by neon or a similar
gas through which an electric voltage is discharged.
Shall mean a sign lawfully erected and maintained prior to
the adoption of the current ordinance that does not conform with the
requirements of the current ordinance.
Shall mean a sign that is mounted on a freestanding pole.
Shall mean a sign that is moveable and not permanently attached
to a structure or the ground, including A-frame or sandwich board
signs.
Shall mean a sign attached to a projecting out from a building
face or wall, generally at right angles to the building.
Shall mean a sign mounted on, and supported by a roof, or
signs that project above the highest point of the roofline, parapet
or fascia of the building. Signs mounted on mansard facades, pent
eaves and architectural projections such as canopies or marquees shall
not be considered roof signs.
Shall mean two or more commercial establishments on one property,
managed as a unit, and providing retail goods and personal services.
Shall mean a freestanding sign that identifies all the businesses
in the shopping center.
Shall mean the entire face of a sign, including the surface
and any frame, trim or molding, but not including the supporting structure.
Shall mean a sign fastened to, or painted on, the wall of
a building or structure in such a manner that the wall becomes the
supporting structure for, or forms the background surface of the signs,
and that does not project more than eighteen (18") inches from such
building or structure.
Shall mean a sign affixed to the surface of a window with
its message intended to be visible to and readable from the public
right-of-way or from adjacent property.
c.
General Provisions.
1.
Unless otherwise stated herein, the installation of any permanent
sign for a commercial, professional and/or institutional use shall
require a zoning permit.
2.
No sign shall be installed which is not in accordance with standards
established in this chapter. If a sign type is not specifically permitted,
it is prohibited.
3.
Each principal structure shall have affixed thereto appropriate numbers
indicating its street address in a size and location so as to be readily
visible from the street.
4.
No sign may be placed on or attached to a building or erected independently
for any purpose other than to advertise a permitted use conducted
on the same premises.
5.
No sign of any type shall be permitted to obstruct driving visions,
traffic signals, traffic directional and identification signs, or
vehicular or pedestrian traffic in a public right-of-way.
6.
No sign or sign supports shall be located within any street, road,
sidewalk or other public right-of-way, except where provided herein
for awning, canopy and projecting signs.
7.
No sign may project above the roof line of the building on which
it is mounted, or above the maximum height of the building to which
it is associated.
8.
All signs shall be kept in good repair, which shall include replacement
or repair of broken structural elements, casings, or faces, maintenance
of legibility and all lighting elements.
9.
All pole signs shall require the approval of the Planning Board and/or
Zoning Board of Adjustment, depending upon which Board has jurisdiction.
The area surrounding the base of pole signs shall be landscaped.
10.
Freestanding signs, where permitted by district regulation, are limited
to no more than one per property, and shall be set back four (4')
feet from the property line or public right-of-way.
11.
Wall signs shall not exceed 5% of any wall.
12.
Projecting signs are permitted to encroach over the public right-of-way
by a maximum of two (2') feet. The bottom of the sign shall be at
least eight (8') feet from grade.
13.
Awning signs are only permitted on the vertical fringe of the awning.
Awning lettering shall be a maximum of eight (8"). Vinyl or other
plastic material is not permitted. Awnings and canopies may project
a maximum of four (4') feet into the right-of-way, but the total projection
shall not be any greater than five (5') feet from the face of the
building. The bottom of the awning or canopy shall be at least seven
(7') feet from grade. Awning supports are not permitted within the
setback requirement, or in the public right-of-way. Awnings shall
not be closer than twenty-four (24") from the face of the curb.
14.
Institutional signs for schools, churches and other public or semi-public
institutions are permitted in all zoning districts. There shall not
be more than one freestanding sign per frontage, or one sign per wall.
Sign area of the freestanding sign shall not exceed 24 square feet,
and the wall sign shall not exceed 5% of the wall.
15.
Computations.
(a)
Sign area measurement. For those signs with a defined background,
the calculated sign area includes the defined background. For signs
that have no defined background, such as letters affixed to or painted
on a wall, the area shall be computed by measuring the outline of
the letters or graphics. The area for a sign with more than one face
includes the sum of all the area of signs visible from any one point.
For double-sided identical signs, and V-shaped signs at a 15% or more
acute angle, only one side is included in sign area.
(b)
Sign height measurement. Sign height is measured at the highest
point of the sign or sign structure.
(c)
Computation of total permitted sign area includes all sign types
except those listed as exempt or as signs not requiring a permit herein.
(d)
For properties that have more than one side facing a street,
additional signage may be permitted in accordance with the standards
for this subsection, for each major street upon which the parcel fronts,
but may not be combined and placed facing one street.
d.
Prohibited Signs.
[Ord. No. 512-2016]
1.
Electronic message signs.
2.
Animated, blinking, flashing, moving or revolving signs.
3.
Neon, LED or similar signs.
4.
Roof signs.
5.
Signs attached to trees or utility poles.
6.
Inflatable signs
7.
Billboard signs
8.
Bench signs
9.
Any sign attached to or placed on a vehicle except for those vehicles
actively used in the daily function of the business to which such
signs relate.
10.
Banners, except where permitted herein, and pennants.
11.
Vinyl signs
12.
Internally lit signs
e.
Permits Required. All signs except those listed as exempt or as signs
not requiring a permit herein, require a zoning permit prior to installation.
Certain sign types also require a construction permit to ensure proper,
safe and secure installation.
f.
Exempt Signs. Signs exempt from regulations:
1.
Official Traffic, Parking and Street Signs. Also exempt are trespassing
signs and signs indicating private ownership of roadways or other
private property.
2.
Signs installed by or at the direction of the Borough upon Borough
streets, road, sidewalks, rights-of-way or other real property owned
or controlled by the Borough.
g.
Signs That Do Not Require a Permit.
1.
Roadside farm stand signs where approved as an accessory use. Maximum
size of roadside farm stand sign is 12 square feet.
2.
Historical Signs. Historical signs, stating the historical name of
a building and a date (e.g., John Doe House, circa 1850) shall be
permitted, subject to the following restrictions:
3.
Signs identifying a resident's name and/or street number, limited
to one square foot.
4.
Temporary Signs. Temporary signs generally lack good design, are
made of substandard material, and are often located in the public
right-of-way. Enforcement is difficult due to their ability to be
removed easily. Recognizing that temporary signs serve an important
commercial and economic function, this chapter seeks to balance these
issues through reasonable, appropriate and measurable regulation.
(a)
For sale or rent. One for sale or rent sign per property is
permitted with a maximum sign area of five square feet. "For sale"
and/or "sold" signs must be removed from the premises within seven
days of closing/settlement.
(b)
Open house signs, including one directional sign and balloons
may be placed only on the property for which the open house is being
held, and only during the hours of the open house. Pennants are prohibited.
(c)
Contractor signs. Contractor signs shall be permitted at a maximum
of five square feet, but must be removed within 30 days of the completion
of the contractor's work on the premises.
(d)
Construction sign. During new construction, one temporary sign
announcing the builder, architect, lending institution, and/or real
estate broker is permitted and shall be no larger than 16 square feet
on lots that are 5,000 square feet or less, and 32 square feet on
lots greater than 5,000 square feet. The sign must be removed upon
issuance of a certificate of occupancy.
(e)
Political campaign and election signs shall be no larger than
16 square feet.
(f)
Signs with a maximum size of two square feet, posted inside
windows advertising a sale, help wanted, and public and nonprofit
events.
(g)
Yard sale and/or garage sale signs. Signs advertising yard sales
and/or garage sales shall be permitted but must be removed within
24 hours after the event.
(h)
Banners indicating a sale event or grand opening are permitted
for a total of 30 days in any one year period, and require prior written
notification of and written confirmation by the Zoning Officer or
Code Official.
5.
Decorative or informational flags such as "open" or "welcome," with
a limit of one flag per business.
6.
Information posted regarding hours of operation, credit cards accepted.
Such information shall be permitted only where attached to the building.
No letter or number in excess of four (4") inches vertical height
shall be permitted.
h.
Substandard or Illegal Signs.
1.
Unsafe Signs. If any sign is deemed unsafe by the Construction Official,
Zoning Officer, or Code Official, the owner thereof or the person
or firm responsible for the property, upon written or verbal notice
shall make the sign safe or remove the sign. If the sign is not removed
in the time period indicated, the sign can be removed by the Borough
at the expense of the property owner, and shall be cause for the issuance
of a summons to appear in Municipal Court.
2.
Obsolete Sign Copy. Any individual, corporation or entity who owns
or leases a sign shall remove said sign within 30 days after the party
no longer conducts business on the premises.
3.
Illegal Signs. Any sign that is unlawfully installed shall be removed
by the owner immediately upon notification with reason by the Construction
Official, Zoning Officer, or Code Official. Failure to remove an illegal
sign shall be cause for the issuance of a summons to appear in Municipal
Court.
4.
Dilapidated Signs. A sign determined to be substantially dilapidated as determined by the Zoning Officer or Code Official, shall be removed in accordance with Subsection 1 above.
5.
Durable Materials. All signs shall be made of durable material and
fastened securely with nonrusting hardware. Cardboard, poster board,
corrugated plastic, and other similar materials are considered substandard
and unacceptable sign materials and shall be removed.
i.
Nonconforming Signs.
1.
Nonconforming signs as defined herein, shall not be structurally
altered, enlarged, relocated, extended or increased, unless they are
to conform to these regulations and receive a zoning and construction
permit.
2.
Nonstructural changes such as color and name changes, and normal
maintenance and repair, such as light bulb replacement or painting,
is permitted for nonconforming sign.
j.
Design Guidelines.
1.
Every sign shall be designed as an integral architectural element
of the structure, building and site to which it principally relates.
It shall be in good scale and proportion in design and visual relationship
to structures, building and other surroundings.
2.
The colors, materials, and lighting of every sign shall be harmonious
with the structure, building and site to which it relates.
3.
Each sign shall be compatible with, and shall not block the visibility
of signs on adjoining premises.
k.
Administration and Enforcement.
1.
Enforcement of all subsections of the within section shall be commenced
by the issuance of a violation notice with order to comply. If no
action is taken by the property owner, there shall be a filing of
a complaint in the Municipal Court.
2.
Any person found guilty of violation of this chapter, or any section
therein, shall be subject to a fine not to exceed the sum of $200
for a first offense. For a second offense or subsequent offense, a
fine of not less than $200 nor more than $500, provided, however,
that the Court shall waive or suspend any fines if the Court determines
it is appropriate to do so. An individual need not be charged as a
subsequent offender in order to be fined as a subsequent offender.
Each day the violation continues may constitute a separate offense.
l.
District Regulations.
1.
Signs in C-1 Broadway Commercial District.
(a)
Sign types permitted in the C-1 zoning district include:
(1)
Awning signs, only on vertical fringe of awning.
(2)
Façade signs, maximum 15% of first floor façade.
(3)
Hanging signs, maximum size 12 square feet, maximum height six
(6') feet.
(4)
Monument signs, maximum size 12 square feet, maximum height
four (4') feet.
(5)
Portable signs, maximum six square feet.
(6)
Projecting signs, maximum six square feet.
(7)
Wall signs, maximum 5% of wall.
(8)
Window signs, maximum 25% of window.
(b)
There shall be no more than two signs per fifty (50') feet of
lot frontage. Undersized lots are permitted no more than one sign.
(c)
Signs shall be consistent with the character of the property
and the historic nature of the district. Internally lit box signs
are not permitted in the C-1 zone.
2.
Signs in C-2 Park Commercial District.
(a)
Sign types permitted in the C-2 zoning district include:
(1)
Awning signs, only on vertical fringe of awning.
(2)
Hanging signs, maximum size 12 square feet, maximum height six
(6') feet.
(3)
Façade signs, maximum 15% of first floor facade.
(4)
Monument signs, maximum size 12 square feet, maximum height
four (4') feet.
(5)
Portable signs, maximum six square feet.
(6)
Projecting signs, maximum six square feet.
(7)
Shopping center signs, one square foot of signage per foot of
storefront, with a maximum size of 100 square feet, and maximum height
ten (10') feet.
(8)
Wall signs, maximum 5% of wall.
(9)
Window signs, maximum 25% of window.
(b)
There shall be no more than two signs per fifty (50') feet of
store frontage.
(c)
For shopping centers, in addition to a main shopping center
sign, each individual store front may have two additional signs, (such
as a facade sign and window sign) with a maximum of two square feet
per foot of store frontage.
3.
[Added 5-13-2020 by Ord. No. 580-20]
a.
All new construction or reconstruction, conversion, alteration or
enlargement of any building, portion of any building, or other structure
shall be required to be outfitted with gutters and downspouts for
purposes of directing stormwater away from adjacent properties and
towards on-site stormwater facilities, or, toward the street. If impossible
to drain directly to the street, it shall be directed to a system
of interior yard drainage approved by the Municipal Engineer.
b.
Any development as defined in § 27-6 that requires approval from the Borough of West Cape May Combined Planning and Zoning Board, and impacts drainage or stormwater runoff, may be conditioned on the installation of gutters and downspouts, and any other related system recommended by the Municipal Engineer to direct or control stormwater runoff from the property in accordance with the Borough Code.
[Ord. No. 130-88 A16 § 5; Ord. No. 396-07 § 32]
[Ord. No. 130-88 A16 § 6; Ord. No. 396-07 § 33; Ord. No. 498-2015; amended 11-25-2020 by Ord. No.
590-20]
Any fence construction or installation, including replacement,
requires a zoning permit. Nonconforming fences must conform at time
of replacement.
a.
All permitted fences shall be situated on a lot in such a manner
that the finished side of the fence shall face adjacent properties.
All poles, posts, etc., shall be erected on the inside of the fence
at least six inches from the property line. It being the intent of
this section that all fencing materials be installed within the property
lines of the property making the application. No electrified or barbed
wire fences shall be allowed except for farms when necessary to contain
livestock.
b.
On any lot in any district, no wall or fence shall be erected or
altered so that the wall or fence shall be over four feet in height
in front and side yards and six feet in any rear yard with the following
provisions and exceptions:
1.
A dog run may have fencing a maximum of six (6') feet in height provided
such area is located in rear yards only and is set back from any lot
line the distance required for accessory buildings in the zoning district
as stipulated.
2.
A private residential swimming pool area must be surrounded by a
fence at least four feet but no more than six feet in height. Swimming
pool areas shall be located in rear yards only.
[Amended 3-8-2023 by Ord. No. 621-23]
3.
A tennis court area, located in rear yards only, may be surrounded
by a fence a maximum of fifteen (15') feet in height; the fence to
be set back from any lot line the distance required for accessory
buildings in the zoning district as stipulated.
4.
Schools, playgrounds and parks in any district and commercial and
industrial uses may erect security fences to control ingress and egress
to all or part of the lot. The fence shall be no more than ten (10')
feet in height and constructed with a ratio of the open portion to
the solid portion being not less than six to one (6:1).
c.
Chain link fence is permitted in side and rear yards only.
d.
Sight triangle areas shall be required at intersections and driveways
entering public streets, in addition to the specified right-of-way
widths, in which no grading, planting, or structure shall be erected
or maintained more than thirty (30") inches above the street center
line, except for utility poles, street signs, fire hydrants and light
standards. The sight triangle is defined as that area outside of the
curb line and the straight line connecting "sight points," one located
on each curb line or driveway center line at a distance of twenty-five
(25') feet or one (1') foot for each mile of allowed street speed
limit, whichever is greater, or fifteen (15') feet along the center
line of a driveway.
e.
A property owner may construct an arbor along a permitted fence line
subject to the following requirements:
1.
No arbor will be permitted within a required sight triangle.
2.
Arbors shall not exceed a maximum height of 12 feet, a maximum width
of eight feet, minimum clearances of eight feet in height and three
feet in width (to provide clear passage through the arbor), and a
maximum 18 inches in depth (front to rear).
3.
All arbors shall be properly constructed according to applicable
construction codes.
4.
An arbor shall not be considered to be a fence for purposes of this
section. An "arbor" is defined as an open work structure constructed
of wood, metal or plastic and used to support vines, flowers or shrubs.
[Ord. No. 498-2015]
[Ord. No. 130-88 A16 § 7; Ord. No. 157-90 § 3; Ord. No. 240-96 § 2; Ord. No. 502-15]
Development on corner lots shall generally adhere to the regulations
in this chapter, except that, for setback purposes, the front yard
of a corner lot will be that side of the lot that fronts the street
to which the property's street address applies. The side yard paralleling
the street side of the property on a corner lot shall not be reduced
to a width of less than fifteen (15') feet from the street side property
line, irrespective of any other setback requirement in this chapter,
except for those specified in the C-3 Commercial District bulk requirements
(Subsection 27-17.2d.).
[Ord. No. 130-88 A16 § 8; Ord. No. 428-09 § 27-27.8]
Except in the C-3 district, all commercial uses, including hotels,
motels and tourist guest houses shall have buffering at least four
(4') feet in width along rear and side lot lines. Such buffering shall
be at least four (4') feet in height and of a dense evergreen or similar
such material as may be determined by the Planning Board in connection
with site plan review.
[Ord. No. 130-88 A16 § 9]
No lot or lots shall have as its principal use a parking lot
or area except when the lot or lots are contiguous to a lot or lots
where the principal use is located and both the parking lot and principal
use are in common ownership.
[Ord. No. 130-88 A16 § 10]
Individual mobile home sites in a mobile home park shall not
be less than four thousand (4,000') feet in size. Individual campsites
in campgrounds shall be not less than twenty-five hundred (2,500')
feet in size. One on-site parking space shall be provided for each
individual mobile home site or campsite.
[Ord. No. 130-88 A16 § 11]
No building, structure or premises may be used, altered, or
occupied in a manner as to create any dangerous, injurious, noxious
or otherwise objectionable fire, explosive, radioactive or other hazard;
noise or vibration; smoke, dust, odor, or other form of air pollution;
electrical or other disturbance; glare; liquid or solid refuse or
wastes; conditions conducive to the breeding of rodents or insects;
or other substance, condition or element, in any manner or amount
as to adversely affect the surrounding area.
[Ord. No. 130-88 A16 § 13; Ord. No. 161-90 § 1; Ord. No. 396-07 § 34]
All lots located in any zoning district which were lawfully
in existence at the time of the adoption of this Zoning Ordinance,
may have a detached single family house built thereon without the
need for variance relief provided the following conditions are met:
a.
The lot has frontage of at least fifty (50') feet.
b.
The proposed single family complies with all applicable setbacks,
height and lot coverage and off street parking requirements.
c.
The lot is not contiguous with another lot owned legally or equitably
by the same person, persons or entity such that the two lots have
merged for zoning purposes.
[Ord. No. 153-89 § 4]
In all zoning districts, the minimum lot area for any lot not
serviced by an off-site sewerage system shall be 35,000 square feet.
Nothing herein shall be construed, however, as preventing use of the
lot sizes set forth for the respective zoning districts for a lot
or lots which are presently unsewered but will be serviced by an off-site
sewerage system as part of the approval of an Application for Development.
Nothing herein shall also be construed as preventing variance relief,
in appropriate circumstances, for lots which are unsewered but which
are considered as isolated undersized lots.
[Ord. No. 396-07 § 35; Ord. No. 428-09 § 27-27.14; Ord. No. 544-2018]
b.
Lot Coverage. Where green roofs or solar panels are installed, lot
coverage may be increased at a 1:1 ratio, up to 10% of the lot area.
Green roofs shall be comprised of an engineered roofing system that
enables the growth of vegetation. The engineered rooftop is typically
comprised of the following components: an insulation layer, a waterproof
membrane, a root barrier, a drainage layer, a geotextile or filter
mat, and a growing medium. Green roofs should only be irrigated (if
necessary) with water obtained from a rainwater collection system
integrated into the building and/or block.
c.
Stairs in Connection with House Raising. If the steps or stairs are to be constructed in connection with a house raising, steps or stairs from first floor of the principal structure shall be permitted to extend from the deck or principal structure no closer than 5 ft from the front property line. The exception under Subsection (c) does not extend to adjoining decks or porches.
[Ord. No. 428-09 § 27-27.15; Ord. No. 461-11; Ord. No.
504-2015; Ord. No. 539-2018]
a.
Purpose. Outdoor seating contributes to the goals of a vibrant and
interesting commercial district. The purpose of these rules and regulations
is to allow outdoor seating in a way that contributes to the goals
of the commercial district and the Borough.
b.
OUTDOOR SEATING
Definition.
Shall mean any part of a food establishment, brewery, or
distillery located outdoors, not used for any other purposes, and
open to the sky, with the exception that it may have a retractable
awning or umbrellas, and may contain furniture, including tables,
chairs, railings, and planters that are readily movable.
c.
Permitted Zones. Outdoor seating is permitted in the C-1, C-2, and
the C-3 commercial zoning districts.
d.
Outdoor Seating Design Standards.
[Ord. No. 504-2015]
1.
Outdoor seating shall be permitted only in conjunction with, and
adjacent to, an established restaurant, brewery, or distillery. Outdoor
seating shall be permitted year-round, subject to the conditions below.
2.
No furniture, apparatus, decoration or appurtenance used in connection
with the operation of the sidewalk café shall be located in
such a way that less than five feet (5') of paved sidewalk remains
for the exclusive use of pedestrians, nor shall any such object protrude
into, on or above the required five-foot (5') wide pedestrian passageway.
3.
Should any outdoor seating facility close for a period of two weeks
of more, all furniture or other equipment located on any portion of
the public paved sidewalk shall be removed from the sidewalk until
the facility reopens.
4.
No signs are permitted on the sidewalk except that the name and type
of establishment may appear on umbrellas or the valance of an awning.
5.
Adequate lighting shall be provided to promote safe passage of pedestrians
and for patrons.
6.
Awnings and/or umbrellas may be used in conjunction with outdoor
seating. Awnings shall be adequately secured and retractable. Supporting
structure must be attached to the building and may not be set on the
ground. The bottom of the awning shall be seven (7') feet from the
ground. No screening or weather protection panels will be permitted.
No heating or cooling equipment will be permitted.
7.
Any outdoor seating area that is next to a residential use or residential
district must be a minimum of five (5') feet from the shared property
line.
8.
Outdoor seating proposed in connection with a brewery or distillery
shall be contained within the licensed premises.
e.
Hours of Operation. The hours of operation of an outdoor seating
area shall be limited to the hours of operation of the associated
restaurant, brewery, or distillery. In no event shall hours of operation
exceed 12:00 midnight.
f.
Administration. An application for an outdoor seating license shall
be submitted as a separate mercantile license with an associated fee
of $50. Along with the application shall be the following:
1.
Plans showing the dimensions of the area and all furniture, planters,
etc.
2.
A survey of the property may also be required.
3.
Proof of insurance for such operation shall also be provided as part
of the mercantile application. The term of license shall be one year.
Such license may be revoked if any of the provisions of the
license have been violated, or that the outdoor seating operation
in some way creates an unsafe situation.
[Added 5-26-2021 by Ord. No. 600-21]
a.
The
installation of artificial turf in any form is prohibited in all Borough
zoning districts. Any installations of artificial turf existing at
the time of the adoption of this section may be maintained, but may
not be expanded in any fashion. At the end of the artificial turf
installation's useful life, the artificial turf must be replaced by
grass or other natural ground covering.
b.
As used
in this section, "artificial turf" means any of various synthetic,
carpet-like materials made to resemble turf or grass and used as a
substitute for grass or other natural substances as a lawn, a surface
covering, a playing surface for athletic events, or other similar
applications.
[Added 3-9-2022 by Ord. No. 608-22]
a.
Purpose. The purpose of this subsection is to promote and encourage
the use of electric vehicles by requiring the safe and efficient installation
of EVSE and Make-Ready parking spaces through municipal parking regulations
and other standards. EVSE and Make-Ready parking spaces will support
the State's transition to an electric transportation sector, reducing
automobile air pollution, greenhouse gas emissions, and storm water
runoff contaminants. The goals are to:
1.
Provide adequate and convenient EVSE and Make-Ready parking spaces
to serve the needs of the traveling public.
2.
Provide opportunities for residents to have safe and efficient personal
EVSE located at or near their place of residence.
3.
Provide the opportunity for non-residential uses to supply EVSE to
their customers and employees.
4.
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
b.
CERTIFICATE OF OCCUPANCY
CHARGING LEVEL
1.
2.
3.
ELECTRIC VEHICLE
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)
MAKE-READY PARKING SPACE
PRIVATE EVSE
PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this subsection:
The certificate provided for in N.J.A.C. 5:23-2, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the act and
the regulations. See "State Uniform Construction Code Act," P.L.1975,
c.217 (C.52:27D-119 et seq.) and regulations adopted pursuant thereto.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level 1 operates on a 15 to 20 amp breaker on a 120 volt AC
circuit.
Level 2 operates on a 40 to 100 amp breaker on a two 208 or
240 volt AC circuit.
Direct-current fast charger (DCFC) operates on a 60 amp or higher
breaker on a 480 volt or higher three phase circuit with special grounding
equipment. DCFC stations can also be referred to as rapid charging
stations that are typically characterized by industrial grade electrical
outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point of sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. "EVSE" may deliver either alternating
current or, consistent with fast charging equipment standards, direct
current electricity. "EVSE" is synonymous with "electric vehicle charging
station."
Means the pre-wiring of electrical infrastructure at a parking
space, or set of parking spaces, to facilitate easy and cost-efficient
future installation of Electric Vehicle Supply Equipment or Electric
Vehicle Service Equipment, including, but not limited to, Level Two
EVSE and direct current fast chargers. Make Ready includes expenses
related to service panels, junction boxes, conduit, wiring, and other
components necessary to make a particular location able to accommodate
Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment
on a "plug and play" basis. "Make-Ready" is synonymous with the term
"charger ready," as used in P.L. 2019, c.362 (C.48:25-1 et al.).
EVSE that has restricted access to specific users (e.g.,
single and two-family homes, executive parking fleet parking with
no access to the general public).
EVSE that is publicly available (e.g., park & ride, public
parking lots and garages, on-street parking, shopping center parking,
non-reserved parking in multi-family parking lots, etc.).
c.
Approvals and Permits.
1.
An application for development submitted solely for the installation
of EVSE or Make-Ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
2.
EVSE and Make-Ready Parking Spaces installed pursuant to paragraph
d. below in development applications that are subject to site plan
approval are considered a permitted accessory use as described in
paragraph 1. above.
3.
All EVSE and Make-Ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
4.
The zoning officer shall enforce all signage and installation requirements
described in this subsection. Failure to meet the requirements in
this subsection shall be subject to the same enforcement and penalty
provisions as other violations of West Cape May's land use regulations.
5.
An application for development for the installation of EVSE or Make-Ready
spaces at an existing gasoline service station, an existing retail
establishment, or any other existing building shall not be subject
to site plan or other land use board review, shall not require variance
relief pursuant to C. 40:55D-1 et seq. or any other law, rule, or
regulation, and shall be approved through the issuance of a zoning
permit by the administrative officer, provided the application meets
the following requirements:
(a)
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
(b)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
(c)
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the "State Uniform Construction
Code Act," P.L. 1975, c. 217 (C. 52:27D-119 et seq.), any safety standards
concerning the installation, and any State rule or regulation concerning
electric vehicle charging stations.
6.
An application pursuant to paragraph 5. above shall be deemed complete
if:
(a)
The application, including the permit fee and all necessary
documentation, is determined to be complete;
(b)
A notice of incompleteness is not provided within 20 days after
the filing of the application; or
(c)
A one-time written correction notice is not issued by the zoning
officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
7.
EVSE and Make-Ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
8.
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
d.
Requirements for New Installation of EVSE and Make-Ready Parking
Spaces.
1.
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
(a)
Prepare as Make-Ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least one-third
of the 15% of Make-Ready parking spaces;
(b)
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional one-third
of the original 15% of Make-Ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final one-third of the original
15% of Make-Ready parking spaces.
(d)
Throughout the installation of EVSE in the Make-Ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or Make-Ready
parking spaces at a faster or more expansive rate than as required
above.
2.
As a condition of preliminary site plan approval, each application
involving a parking lot or garage not covered in paragraph 1. above
shall:
(a)
Install at least one Make-Ready parking space if there will
be 50 or fewer off-street parking spaces.
(b)
Install at least two Make-Ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(c)
Install at least three Make-Ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(d)
Install at least four Make-Ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as Make-Ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
(f)
In lieu of installing Make-Ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or Make-Ready
parking spaces at a faster or more expansive rate than as required
above.
(h)
Notwithstanding the provisions of this Section, a retailer that
provides 25 or fewer off-street parking spaces or the developer or
owner of a single-family home shall not be required to provide or
install any electric vehicle supply equipment or Make-Ready parking
spaces.
e.
Minimum Parking Requirements.
1.
All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Subsection 27-27.3 of the West Cape May Code.
2.
A parking space prepared with EVSE or Make-Ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
3.
All parking space calculations for EVSE and Make-Ready equipment
shall be rounded up to the next full parking space.
4.
Additional installation of EVSE and Make-Ready parking spaces above
what is required in paragraph d. above may be encouraged, but shall
not be required in development projects.
f.
Reasonable Standards for All New EVSE and Make-Ready Parking Spaces.
1.
Location and layout of EVSE and Make-Ready parking spaces is expected
to vary based on the design and use of the primary parking area. It
is expected flexibility will be required to provide the most convenient
and functional service to users. Standards and criteria should be
considered guidelines and flexibility should be allowed when alternatives
can better achieve objectives for provision of this service.
2.
Installation:
(a)
Installation of EVSE and Make-Ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
(b)
Each EVSE or Make-Ready parking space that is not accessible
for people with disabilities shall be not less than nine feet wide
or 18 feet in length. Exceptions may be made for existing parking
spaces or parking spaces that were part of an application that received
prior site plan approval.
(c)
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and Make Ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(d)
Each EVSE or Make-Ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
3.
EVSE Parking:
(a)
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE.
(b)
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
(c)
Public Parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible
EVSE parking spaces shall be monitored by the municipality's police
department and enforced in the same manner as any other parking. It
shall be a violation of this Section to park or stand a non-electric
vehicle in such a space, or to park an electric vehicle in such a
space when it is not connected to the EVSE. Any non-electric vehicle
parked or standing in a EVSE parking space or any electric vehicle
parked and not connected to the EVSE shall be is subject to fine and/or
impoundment of the offending vehicle as described in the general penalty
provisions of this Municipal Code. Signage indicating the penalties
for violations shall comply with Section 5. below. Any vehicle parked
in such a space shall make the appropriate payment for the space and
observe the time limit for the underlying parking area, if applicable.
(d)
Private Parking. The use of EVSE shall be monitored by the property
owner or designee.
4.
Safety.
(a)
Each publicly accessible EVSE shall be located at a parking
space that is designated for electric vehicles only and identified
by green painted pavement and/or curb markings, a green painted charging
pictograph symbol, and appropriate signage pursuant to Section 5.
below.
(b)
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with
(c)
West Cape May's ordinances and regulations.
(d)
Adequate EVSE protection such as concrete-filled steel bollards
shall be used for publicly accessible EVSE. Non-mountable curbing
may be used in lieu of bollards if the EVSE is setback a minimum of
24 inches from the face of the curb. Any stand-alone EVSE bollards
should be three to four feet high with concrete footings placed to
protect the EVSE from accidental impact and to prevent damage from
equipment used for snow removal.
(e)
EVSE outlets and connector devices shall be no less than 36
inches and no higher than 48 inches from the ground or pavement surface
where mounted, and shall contain a cord management system as described
in e. below. Equipment mounted on pedestals, lighting posts, bollards,
or other devices shall be designated and located as to not impede
pedestrian travel, create trip hazards on sidewalks, or impede snow
removal.
(f)
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
(g)
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
(h)
Publicly accessible EVSEs shall be maintained in all respects,
including the functioning of the equipment. A twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
West Cape May shall require the owners/designee of publicly accessible
EVSE to provide information on the EVSE's geographic location, date
of installation, equipment type and model, and owner contact information.
5.
Signs.
(a)
Publicly accessible EVSE shall have posted regulatory signs,
as identified in this section, allowing only charging electric vehicles
to park in such spaces. For purposes of this section, "charging" means
that an electric vehicle is parked at an EVSE and is connected to
the EVSE. If time limits or vehicle removal provisions are to be enforced,
regulatory signs including parking restrictions shall be installed
immediately adjacent to, and visible from the EVSE. For private EVSE,
installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitted
at appropriate decision points to effectively guide motorists to the
EVSE parking space(s). Wayfinding or directional signage shall be
placed in a manner that shall not interfere with any parking space,
drive lane, or exit and shall comply with b. above.
(d)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
(1)
Hour of operations and/or time limits if time limits or tow-away
provisions are to be enforced by the municipality or owner/designee;
(2)
Usage fees and parking fees, if applicable; and
(3)
Contact information (telephone number) for reporting when the
equipment is not operating or other problems.
6.
Usage Fees.
(a)
The Borough shall not charge a fee for the use of any publicly
accessible municipal EVSE, but reserves the right and authority to
institute such a fee in the future.
(b)
Private EVSE: Nothing in this ordinance shall be deemed to preclude
a private owner/designee of an EVSE from collecting a fee for the
use of the EVSE, in accordance with applicable State and Federal regulations.
Fees shall be available on the EVSE or posted at or adjacent to the
EVSE parking space.
[Ord. No. 396-07 § 36; Ord. No. 428-09 § 27-28]
a.
Bulk trash receptacles, outdoor storage, loading docks, and other
accessory uses (like areas and structures) shall be located or screened
so that they are not visible from the street.
b.
Mechanical equipment shall only be located in the side or rear yards,
or on the roof, and shall be buffered or screened with natural or
man-made barriers, such as shrubbery, or fencing or architectural
features.
c.
When there is a two-story wall that is greater than forty (40') feet
in length, a one-foot change in the plane is required at any point
in the wall. Such change can be achieved by using bay or bow windows,
roof lines, columns, porches, varying horizontal elevations, recesses,
bump outs, or by stepping back the height in tiers, or other structural
or architectural relief.
d.
For townhouse or similar residential structures, there shall be a
two (2') foot change in the plane between every two units or every
forty (40') feet, whichever is less.
e.
No two contiguous homes shall have identical facades.
f.
Additions to existing buildings shall be designed with a style, materials,
colors, and details that are compatible with the existing structure.
g.
Building eaves may extend no farther than 15 inches beyond the required
setback line; otherwise, variance relief shall be required. This building
eave exception shall not apply in any instance where its application
would cause the building eave to encroach beyond a property line or
into a public right-of-way.
[Amended 5-12-2021 by Ord. No. 597-21]
h.
In order to contribute to the goals of orderly design, aesthetics,
and pedestrian compatibility, the façade of a building or structure,
as indicated by front entry, shall face the street. On corner lots,
the façade shall face the primary or wider street.
[Ord. No. 428-09 § 27-29; Ord. No. 539-2018]
a.
Restaurants Serving Alcoholic Beverages.
1.
Restaurants serving alcoholic beverages shall have a minimum lot
area of 5,000 square feet.
2.
Except as provided below in Subsection b. On-premises alcoholic beverage services will be limited to restaurant establishments serving food. Restaurants may have an ancillary bar area, but only in conjunction with the restaurant. No stand-alone or bar-only operations are permitted.
3.
The bar area shall contain no more than 20% of the number of seats
in the dining area.
4.
All refrigeration and generator equipment shall be contained within
the building. Mechanical heating and cooling shall be located on the
roof.
5.
There shall be a specified area for collection of trash and recycling.
The area shall be suitably enclosed. There shall be separate collection
areas for trash and recycling, and cooking oil and grease.
6.
There shall be a specified exterior "wash down" or "cleanup area"
for the cleaning of floor mats, furniture, etc.
7.
Each restaurant shall provide parking for patrons as specified in Subsection 27-27.3 Parking, including both dining area and bar seats.
8.
Trash pickup/removal shall occur a minimum of two times per week.
b.
Breweries and Distilleries.
1.
The license holder of a Limited Licensed Brewery (hereafter brewery),
licensed by the State of New Jersey, is permitted to brew and sell
malt alcoholic beverages, as per N.J.S.A. 33:1-10(1b), at a Limited
Licensed Brewery in the Borough of West Cape May for consumption on
premises and for consumption off premises in quantity of not more
than 15.5 fluid gallons per person.
2.
The license holder of a Craft Distillery License (hereafter distillery)
licensed by then State of New Jersey is permitted to manufacture and
sell distilled alcoholic beverages as per N.J.S.A. 33:1-10(3) for
consumption on premises and for consumption off premises of not more
than 5 liters per person.
3.
The brewery and/or distillery may operate for business to serve customers
seven days per week. On Sundays the brewery or distillery may not
conduct business by serving customers before twelve o'clock noon.
Sundays through Thursday, the brewery or distillery shall stop serving
customers no later than 10:00 p.m., and on Friday and Saturday shall
stop serving customers no later than 11:00 p.m. The customers in the
above facilities may remain for an hour after service cut off time
to finish that which they have been served. Notwithstanding the above,
breweries and distilleries are permitted to manufacture their product
at any time during any day.
4.
The brewery or distillery shall not sell food or operate a restaurant
on the licensed premises including any outdoor facility of the brewery
or distillery. Pretzels, potato chips, nuts, and other such ready
prepared finger food snacks are permitted so long as they are provided
without charge.
5.
The brewery or distillery may provide for an outdoor seating facility in Subsection 27-27.15 of this Code, which shall be controlled by and adjacent to the brewery or distillery, and within the commercial district, provided that the Alcoholic Beverage Control (ABC) has approved such outdoor seating within the licensed premises area.
6.
Plans shall be submitted that include a scale diagram of the entire
interior of the brewery or distillery showing the location of all
receiving, storage, brewing or distilling area, servicing, seating
and waiting areas, waste removal and garbage storage areas, and the
intended location of tables, counters, bars and their respective seats
or chairs.
7.
Storage of waste materials and garbage shall be in enclosed containers,
such containers shall be stored inside the main building or in a separately
enclosed structure that will completely confine odors and obstruct
view of the waste/garbage.
8.
A system to vent brewing or distilling and other exhausts and odors
shall be provided so that the exhaust and odor shall not offense or
disturb nearby commercial or residential uses or intrude on any street,
sidewalk, or walkway. This shall include the requirement of filters
or other technologically adequate means of eliminating oils, grease,
and odors from the exhaust. Such vents shall be interior and exist
through the roof.
9.
A brewery or distillery use is to be considered the principal use
or any structure and not an accessory use.
c.
Properly
licensed cannabis manufacturing, wholesaling and/or distributing operations,
subject to the following conditions:
[Added 7-14-2021 by Ord. No. 603-21]
1.
The facility shall meet all of the requirements for licensure by
the New Jersey Cannabis Regulatory Commission and/or the New Jersey
Department of Health.
2.
Enclosed building. All cultivation, manufacturing, storage and distribution
activities shall take place within enclosed building or greenhouse
structures. The facility shall be the sole occupant of its building.
3.
Fencing. All structures utilized for any manufacturing, wholesaling,
storage or distribution of cannabis shall be enclosed by a fence at
least seven feet high.
4.
Security. All structures shall be designed, using safety and security
barriers, to prevent the unlawful and unauthorized entry into the
structures as prescribed by state law.
(a)
There shall be controlled access to the site, with 24/7 on-site video
monitoring of the exterior and interior of the facility, which video
shall be retained and stored for the period prescribed by state law,
but in no case shall such video be retained and stored for less than
30 days.
(b)
Plans and reports depicting or describing access and security details
information concerning the facility shall be deemed and protected
as confidential security documents, exempt from disclosure as public
records.
5.
There shall be no direct sales to the public from the property. Nothing
herein shall permit the retail sale of cannabis or marijuana products,
the dispensing of cannabis or marijuana products, or the direct point
sale or distribution of marijuana products except to other cannabis
businesses licensed by the state.
6.
Noise. Cannabis cultivation and manufacturing facilities shall operate
in compliance with state and local noise laws and regulations, except
in emergency situations requiring the use of a backup generator.
7.
Odor. Cannabis cultivation and manufacturing operations shall utilize
available technology to filter and recirculate air, so that odors
are not discernible by a reasonable person beyond the property line.
8.
Location. One thousand linear feet measured from the lot line of
any residence, school, church, or park to the nearest portion of the
building containing a cannabis use. The subsequent approval of a school
or any other facility in proximity to the cannabis use shall not render
any existing cannabis business a nonconforming use.
9.
Emergency power. Cannabis cultivation and manufacturing operations
shall have a backup generator, capable of maintaining, at a minimum,
all electronic security systems in the event of a power failure.
10.
Signs. Cannabis cultivation and manufacturing facilities shall only
be permitted to have one sign, in compliance with sign requirements
for the zone.
11.
Lighting. No light generated by any cannabis cultivation and manufacturing
activities shall result in measurable light changes at the nearest
property boundary to each structure.
12.
Consumption. No cannabis or cannabis product shall be smoked, eaten
or otherwise consumed on the premises of any cannabis cultivation
or manufacturing facility.
[Ord. No. 428-09 § 27-30.1]
Municipal Land Use Law recognizes the rights of lawful pre-existing,
nonconforming uses as follows: any nonconforming use or structure
(lawfully) existing at the time of the passage of an (amendment to
a zoning) ordinance may be continued upon the lot or in the structure
so occupied and any such structure may be restored or repaired in
the event of partial destruction thereof. (West Cape May 2005 Master
Plan Section 7.5.3 Pre-existing Nonconforming Uses)
Any nonconforming use of buildings or land may be continued
indefinitely, but such buildings or uses:
a.
Shall not be enlarged, extended, or reconstructed, nor placed on
a different portion of the lot or parcel of land occupied by such
use on the effective date of this ordinance, nor shall any external
evidence of such use be increased by any means whatsoever.
b.
Shall not be moved to another location where such use would be nonconforming.
c.
Shall not be re-established if such use has been legally abandoned,
or has been changed to, or replaced by, a conforming use.
d.
Shall not be restored for other than a conforming use after substantial
destruction thereof.
A prospective purchaser, prospective mortgagee, or any other
person interested in any land upon which a nonconforming use or structure
exists may apply in writing for the issuance of a certificate certifying
that the use or structure existed before the adoption of the ordinance
which rendered the use or structure nonconforming. Application pursuant
hereto may be made to the administrative officer within one year of
the adoption of the ordinance which rendered the use or structure
nonconforming or at any time to the Planning Board, acting in its
capacity as a Board of Adjustment.
[Ord. No. 428-09 § 27-30.2]
Nothing in this section shall be deemed to prevent normal maintenance
and repair of nonconforming structures. Reconstruction (as defined
in the Uniform Construction Code) of a nonconforming structure requires
conformance with current zoning regulations.
An addition of a nonconforming structure is permitted provided
that such action does not increase or extend the degree of, or create
any new, nonconformity with regard to the regulations pertaining to
such buildings or the lot upon which they are constructed.
As an example, a dwelling which complies fully with all requirements
except that it is closer to the street than the minimum required depth
of a front yard may build an addition to the rear that does not encroach
on the required rear yard.
It shall be lawful to raise a nonconforming structure which
is below the base flood elevation requirements of the Borough, up
to the base flood elevation requirement as long as the nonconforming
structure is not otherwise expanded or relocated in such a manner
as to increase or create a nonconformity. In so doing, the structure
may be disconnected from all utilities without losing its protected
status as a nonconforming structure.
[Ord. No. 428-09 § 27-30]
All lots located in any zoning district which were lawfully
in existence at the time of the adoption of this Zoning Ordinance,
may have a detached single-family house built thereon without the
need for variance relief provided the following conditions are met:
a.
The lot has frontage of at least thirty (30') feet.
b.
The lot area is not less than 3,000 square feet.
c.
The lot is, and always has been, in separate ownership and not contiguous
to lots in the same ownership.
d.
The height of the dwelling shall be reduced in direct proportion
to the percentage of the shortfall of the required lot width.
Example: If the minimum lot width in the zone is fifty (50')
feet, and the nonconforming lot has a lot width of only forty (40')
feet, the height of the building shall be reduced by 50 feet - 40
feet/50 feet = 20%. If the maximum height permitted in the zone is
thirty-five (35') feet, the maximum height on this nonconforming lot
would be twenty-eight (28') feet.
e.
The proposed single-family may reduce minimum side and rear setback
requirements in direct proportion to the percentage of the shortfall
of the required width and depth, but in all cases shall not be less
than five (5') feet for each side yard and ten (10') feet for rear
yards.
f.
The maximum lot coverage may be increased in proportion to the difference
in lot area.
Example: If the minimum lot width in the zone is fifty (50')
feet, and the nonconforming lot has a lot width of only forty (40')
feet, the lot coverage may be increased by 20%. If the maximum lot
coverage permitted in the zone is 40%, the maximum lot coverage on
this nonconforming lot would be 48%.
g.
Off-street parking requirements must meet district regulations.
[Ord. No. 130-88 § A17]
The provisions of this chapter shall be enforced by the Zoning
Officer and Construction Code Official of the Borough of West Cape
May. It shall be their duty to examine all applications for zoning
permits for compliance with this chapter.
[Ord. No. 130-88 § A18; Ord. No. 189-92 § 1; Ord. No. 392-07 § 1; Ord. No. 396-07 § 37; Ord. No. 405-07; Ord. No.
422-09 § 2; Ord. No. 528-2017]
A zoning permit shall be required prior to the erection, construction
or alteration of any building, structure or portion thereof. Application
for a zoning permit shall be made to the Zoning Officer in writing
by the owner of the premises or his authorized agent. Each application
shall be accompanied by a fee as follows:
|
a.
|
Construction of new single- or two- family home
|
$100.00
|
|
b.
|
Construction of new three or four dwelling unity property
|
200.00
|
|
c.
|
Additions greater than $50,000 in estimated construction costs
|
100.00
|
|
d.
|
Additions costing between $10,000.00 and $50,000.00 in estimated
construction costs
|
75.00
|
|
e.
|
Additions which cost less than $10,000.00 in estimated construction
costs
|
50.00
|
|
f.
|
Residential construction greater than four dwelling units
|
200.00
|
|
g.
|
Commercial renovation or new commercial construction*
|
200.00
|
|
h.
|
Demolitions
|
50.00
|
|
i.
|
Permit renewal fee
|
50.00
|
|
j.
|
Decks, fences, accessories and any other permit application
for development not otherwise stated herein
|
$50.00
|
|
k.
|
Zoning review administrative fee
|
35.00
|
|
l.
|
Rooftop solar installation
|
50.00
|
|
m.
|
Wind/ground solar installation
|
100.00
|
|
*Any commercial project with an estimated construction cost
greater than $100,000.00, an additional 1/4 of 1% of the estimated
construction cost over $100,000.00 will be charged.
|
|
Each such application shall include a complete set of plans
drawn to scale showing the proposed structure or alteration and its
relationship to all other structures on the lot and all lot lines.
The Zoning Officer, upon receipt of a complete application form, shall
promptly forward copies of the complete application form to the Tax
Collector and Water and Sewer Clerk for their review. The Tax Collector
and the Water and Sewer Clerk shall notify the Zoning Officer of the
current status of the real estate taxes, water and sewer charges,
if any, on the property subject to the Zoning Permit. No Zoning Permit
shall be issued for any property unless all real estate taxes, water
and sewer charges for the property are current as of the date of the
application. Zoning permits shall be granted or refused within 10
days of the submission of a complete application to the Zoning Officer.
The issuance of a Zoning Permit shall not be deemed to authorize construction
pursuant thereto in situations where the Zoning Ordinance is changed
prior to the start of actual construction. Zoning Permits shall automatically
be terminated if no building permit therefor is issued within six
months of the date of the Zoning Permit or upon the expiration or
termination of any building permit issued in connection therewith.
|
[Ord. No. 130-88 § A19; Ord. No. 393-07 § 2]
Any person, firm or corporation that shall violate any of the provisions of this chapter or of any condition imposed upon a developer pursuant to this chapter shall, upon conviction, be liable to the fine as stated in Chapter 1, § 1-5. Each day that any such violation is found to exist shall constitute a separate offense. Nothing herein shall be construed as limiting the Borough of West Cape May from pursuing any other remedies available to it to correct any such violation nor shall anything herein be construed as requiring the Borough of West Cape May to pursue any such remedies instead of seeking the above designated penalties.
Any one who receives a development approval from a Land Use Board in the Borough of West Cape May is required to comply strictly with all terms and conditions of that approval, as embodied in the resolution of the Board setting forth that approval. Any one who violates any term, condition or provision of a development approval shall be subject to prosecution for a violation of this section in the West Cape May Municipal Court, and if convicted, shall be subject to the penalties set forth in Chapter 1, § 1-5 of this Code. Nothing in this section shall limit the Borough from pursuing any other remedy available to it to correct any such violation, or require the Borough to pursue those remedies before instituting prosecution under this section.
[Ord. No. 268-99 § 1; Ord. No. 462-11; Ord. No.
494-2015 § 3; Ord. No.
530-2017 § 1; 3-10-2021 by Ord. No. 592-21]
It is the intent of the Borough of West Cape May to require a Landscaping and Vegetation Plan for several reasons: To continue the history of coexistence of human habitation with natural habitat that supports concentrations of migrant and resident wildlife. The maintenance and replacement of trees and vegetation on both private and public lands are crucial to the continued ability of the Borough to support migration. Additionally, there are social, environmental, and economic benefits: Trees alter the environment by moderating climate (thus reducing energy costs), improving air quality (by absorbing carbon dioxide, ozone, carbon monoxide and sulfur dioxide), conserving water, and increasing land value. The provisions of this section and Ch. 30 are to be read together for the protection and preservation of trees.
a.
Prior to the issuance of any zoning permit for additions to any existing structure which increased the lot coverage in excess of 10%, or construction of a new dwelling unit, or conversion of larger dwelling units to apartments or condominiums or the removal of more than 40% of the vegetation covering of a lot, a landscaping and vegetation plan for the parcel in question must be submitted to and approved by the City of West Cape May Zoning Officer to ensure substantial compliance with the criteria and requirements set forth in this section, which landscaping and vegetation plan must constitute the minimum percentage of overall vegetation coverage of the lot as set forth below and incorporate the parameters of Subsection e hereafter:
b.
The landscaping and vegetation plan must constitute the above minimum percentage of the overall lot either left in its natural state or covered in vegetation, incorporating the parameters of Subsection e hereafter. The utilization of natural indigenous vegetation is encouraged.
c.
The Zoning Officer may require such information as is reasonably
necessary to enable him to make the determination required under the
provision of this chapter. Any landscaping or vegetation plan proposing
removal of trees, or other tree care services, shall be referred for
administrative review and approval by the Shade Tree Commission Executive
Committee or the Borough Arborist, and absent administrative review
and approval, the plan shall be referred for full review before the
Shade Tree Commission.
d.
All driveways and parking areas shall be deemed to be covered and
excluded from the overall vegetation coverage for the purposes of
this section.
e.
Trees.
1.
All existing trees outside a building footprint having a three (3")
inch diameter trunk measured at a point four and one-half (4.5') feet
above the ground on the downhill side of such tree, shall remain if
said trees are in excess of six (6') feet from the outside of the
exterior wall of the proposed structure. In the event that an applicant
wishes to remove a tree or trees as above described, that applicant
shall then be required to plant two trees for each tree removed, which
replacement trees shall be of at least two (2") inches in diameter
at a point four and one-half (4.5') feet above the ground at a location
on the property to be chosen by applicant.
2.
In addition to the replacement of removed trees above described,
the applicant shall replace at a location of his or her choice on
the property, any trees located within the footprint of the proposed
structure, plus six (6') feet, if said trees have a trunk at least
three (3") inches in diameter measured at a point four and one-half
(4.5') feet above the ground on the downhill side of such tree. For
every tree removed within the footprint of the existing or proposed
structure, plus six (6') feet, the applicant shall plant one tree
along the side yard and rear yard which tree shall be of the same
size as the replacement tree above described. The applicant shall
be permitted to plant two bushes in lieu of a tree if said bushes
are a minimum of two (2') feet in diameter and are classified by the
West Cape May List of Approved Trees and Shrubs. This requirement
is to make up for the replacement of shrubs and is in addition to
trees from outside the building envelope. However, the applicant shall
not be required to plant trees closer than ten (10') feet between
the two, said distances measured from center trunk to center trunk.
The replacement trees need not be of the same species as the trees
removed, however, they shall be of the same height classifications
as the trees removed. There may be circumstances in which these general
guidelines for replacement are unworkable due to unique conditions
affecting land. The Shade Tree Commission may determine the appropriate
replacement obligation balancing the purposes of tree protection stated
in the preamble to this section and with the general guidelines for
replacement, which may include contribution to a tree bank, which
are funds dedicated to tree replacement and maintenance initiatives
throughout the Borough.
3.
The location of the tree to be removed determines the replacement obligation. All replacement trees or bushes may be installed in a location determined by the applicant in accordance with this section. The example graphic below depicts the areas subject to Subsections e,1 and e,2 above:
 |
4.
As part of the Landscaping and Vegetation Plan required by this section, the applicant shall submit a Tree Inventory identifying all existing trees as defined in Chapter 30, § 30-1. The trees shall be identified on a plan depicting the site and the applicant shall indicate all proposed site improvements, and delineate in the tree preservation plan the trees to be retained on site, and the measures to be implemented for their protection. For purposes of complying with this section, the plan depicting the location of the trees may be submitted without a seal.
5.
A Tree Protection Zone (TPZ) shall be delineated around all trees
to be protected during a project to limit root pruning and restrict
traffic and material storage. The TPZ shall specify a distance in
which excavation, storage, and other construction-related activities
shall be prohibited. The TPZ may vary depending on species, factors,
age and health of the plant, soil conditions, and proposed construction.
The TPZ may be accomplished by physical barriers or soil protection
layers or treatments. TPZ barrier(s) shall be installed prior to any
activities performed on the site that may impact the root zone or
aboveground parts of the tree.
(a)
The
area and dimensions of the TPZ shall be calculated by multiplying
the diameter of the tree by 12. Plywood fencing with a height of at
least four feet shall be located at that distance and surround the
tree completely. Nothing should enter or be placed within the TPZ
until the project has been completed.
(1)
Example: A tree with a ten-inch diameter: 12 by 10 inches = 120 inches
or 10 feet. In this example, the wooden fencing should surround the
tree at a distance of 10 feet from the trunk of the tree.
(b)
If
site conditions make compliance with the TPZ impractical, the Borough
Arborist or designated representative of the Shade Tree Commission
may approve alternative mitigation procedures reasonably calculated
to advance the purposes of the TPZ, or that such activities will not
impact tree health.
(c)
The
Arborist or designated representative may include such reasonable
conditions necessary for the protection of trees as described herein.
(d)
Fencing
or other barriers to the TPZ shall be installed prior to site clearing,
grading, and demolition, and maintained through construction and landscaping.
Excavation, storage, and other construction-related activities shall
be prohibited within the TPZ. TPZ fencing may be removed upon the
issuance of a CO, or earlier if approved by the Borough Arborist or
designated representative of the Shade Tree Commission.
f.
Except as otherwise herein provided, the landscaping and vegetation plan shall retain as much of the natural vegetation as is possible. The proposed removal of any tree that is included on the Borough of West Cape May's Significant Specimen Trees shall be subject to the permit requirements of Subsection 30-1.4.
[Ord. No. 494-2015 § 3]
g.
Nothing herein is to be interpreted as indication that an applicant
is prohibited from planting additional trees, bushes, grasses or flowers.
h.
Existing Lots.
1.
Any existing improved lots with structures shall be allowed to exist
in their current state together with routine maintenance, expansion,
trimming, planting and replanting of vegetation.
2.
Existing improved lots with structures having less than the required percentage of overall vegetation coverage will be allowed to remain as such, but will be considered an existing nonconforming landscaped property in which the nonconformity must be corrected should the primary structure be altered, outbuildings added or the property be significantly altered or relandscaped which increases the lot coverage in excess of 10%. Any new landscaping and vegetation plan must meet the minimum required percentages of overall vegetation coverage for the lot, as set forth herein, and incorporate the parameters of Subsection e,1.
i.
In lieu of replacing bushes, vines and grasses, the applicant shall
plant or leave in place one tree at approximately twenty (20') foot
intervals along the side yard and rear yard, which trees shall be
at least two (2") inches in diameter, or the applicant shall plant
two bushes of a minimum of two (2') feet in diameter in lieu of every
second replacement tree. The requirements of this subsection are in
addition to other tree requirements.
j.
In the case of the issuance of a zoning permit for alteration or
construction, the property owner shall be required to plant any new
vegetation provided for by the landscaping and vegetation plan within
60 days of the issuance of a Certificate of Occupancy for the property,
or within 60 days of the beginning of the planting schedule below,
whichever date is earliest. In the case of the issuance of a permit
only for the removal of natural vegetation, the property owners will
be required to plant any new vegetation provided for by the landscaping
and vegetation plan within 60 days of the issuance of said permit,
or within 60 days of the beginning of the attached planting schedule
below, whichever date is earliest.
|
Table 811.03.01.1 Optimal Planting Season
| |
|---|---|
|
Type of Plant
|
Season
|
|
Broad leaf and coniferous evergreen trees, shrubs, vines, and
ground covers
|
March 1 to May 15
August 15 to December 1
|
|
Deciduous trees, shrubs, vines, ornamental grasses, and perennials
|
March 1 to May 15
October 15 to December 1
|
|
Container grown plant materials
|
March 1 to May 15
August 15 to December 1
|
|
Narcissus
|
October 15 to December 1
|
|
Hemorocallis
|
March 1 to May 15
|
k.
Any property owner or person aggrieved by a determination of the
Zoning Officer under the provisions of this chapter may appeal to
the Borough of West Cape May Board of Adjustments; provided however,
that said appeal is filed, in writing, within 45 days after said property
owners or person receives notice of the decision by the Zoning Officer.
[Ord. No. 398-07; Ord. No. 404-07; Ord. No.
417-08; Ord. No. 436-09; Ord. No. 550-2018]
a.
It is the specific purpose and intent of this section to allow accessory
apartments on parcels of minimum size in conformance with the specific
zoning district minimum lot size requirement to provide the opportunity
for the development of affordable housing units to meet the needs
of very low, low and moderate income residents. It is also the purpose
of this limited, special-use provision to allow more efficient use
of the Borough's existing stock of dwellings and the Borough's existing
stock of accessory buildings, to allow existing residents the opportunity
to remain in large, underutilized houses by virtue of the added income
for them from an accessory apartment, to allow accessory apartments
in new attached and/or detached structures and to protect and preserve
property values in the Borough of West Cape May. To help achieve these
goals to promote the other objectives of this chapter and of the Master
Plan, and to implement the Borough's 2018 Housing Element and Fair
Share Plan, the following specific standards and limitations are set
forth for such accessory apartment use. The requirements of this section
do not apply to accessory apartment units created prior to the adoption
of the Ordinance creating this section.
b.
Location and Number of Units.
1.
An accessory apartment may be located in the principal building or
in an existing permitted accessory building, such as a barn or garage,
and may include existing and/or expanded structure construction.
c.
Other Requirements.
1.
An accessory apartment unit will comply with the requirements of
the Borough's Affordable Housing Ordinance.
2.
All standards and requirements of the zone district, except as modified
by this section, shall apply.
3.
An accessory apartment unit shall comply with all applicable statutes
and regulations of the State of New Jersey in addition to all local
building codes.
4.
Exterior Appearance. Principal buildings containing an accessory
apartment shall have only one front or principal entry to the building,
and the accessory apartment shall be located, designed, constructed,
and landscaped so as to preserve the appearance of the principal building
to the maximum extent feasible and further to enhance and not detract
from the character of the principal building and the surrounding neighborhood.
An accessory apartment shall have a separate, distinct entry which
does not detract from the character of the principal building.
5.
Off-Street Parking. Off-street parking requirements shall be that
two off-street parking spaces must be provided for each dwelling unit
on the property of the applicant. Additional parking areas shall be
paved only when proven necessary and shall be screened and buffered
from adjacent properties to the extent possible.
6.
The appropriate utility authority must certify that there is water
and sewer infrastructure with sufficient capacity to serve the proposed
accessory apartment.
7.
An accessory apartment unit shall, for a period of at least 10 years
from the date of the issuance of a certificate of occupancy, be rented
only to a very low, low or moderate income qualified household as
is defined by applicable Council on Affordable Housing ("COAH") and
Uniform Housing Affordability Controls ("UHAC") regulations at the
time of initial occupancy of the unit.
8.
The occupant must meet the established income limitations for very
low, low, and moderate income households as specified by the rules
and regulations of the Council on Affordable Housing (COAH) (N.J.A.C.
5:93 et seq.).
9.
The accessory apartment must meet the adaptability law at P.L. 2005,
c.350, if applicable.
10.
Rents of accessory apartments shall be affordable to very low, low,
and moderate income households as per COAH and UHAC regulations.
11.
There shall be a recorded deed or declaration of covenants and restrictions
applied to the property upon which the accessory apartment is located
running with the land and limiting its subsequent rental or sale within
the affordable housing requirements stated herein.
12.
Each accessory apartment shall have living/sleeping space, cooking
facilities, a kitchen sink and complete sanitary facilities for the
exclusive use of its occupants.
13.
The accessory apartment shall have a separate door with direct access
to the outdoors.
14.
The accessory apartment shall be affirmatively marketed to the housing
region in accordance with COAH regulations and the Uniform Housing
Affordability Controls at N.J.A.C. 5:80-26.1 et seq.
15.
Accessory Apartment units are exempt from bedroom mix requirements
in N.J.A.C. 5:93-7.3.
16.
New freestanding accessory buildings containing accessory apartment
units shall conform to the setback requirements for principal buildings
in the district.
d.
Administration.
1.
West Cape May Borough shall designate an Administrative Agent to
administer the accessory apartment program.
2.
The Administrative Agent shall administer the accessory apartment
program in accordance with the Borough's Affordable Housing Ordinance,
which includes, but is not limited to, advertising, income qualifying
prospective renters, setting rents and annual rental increases, maintaining
a waiting list, distributing the subsidy, overseeing the securing
of certificates of occupancy, qualifying properties, handling application
forms, overseeing the filing deed restrictions, filing monitoring
reports and affirmatively marketing the accessory apartment program.
3.
The Borough shall provide fixed subsidies per accessory apartment
unit as follows to subsidize the creation of each accessory apartment:
For very-low income units a $70,000 fixed subsidy will be available.
For low income units a $40,000 fixed subsidy will be available. For
moderate income units a $25,000 fixed subsidy will be available. Prior
to the grant of such subsidy, the property owner shall enter into
a written agreement with the Borough insuring that the subsidy shall
be used to create the accessory apartment and the apartment shall
meet the requirements of this subsection.
4.
Applicants for the creation of an accessory apartment shall submit
to the administrative agent:
(a)
A sketch of floor plans showing the location, size and relationship
of both the accessory apartment and the primary dwelling within the
building or in another structure;
(b)
Rough elevations showing the modification of any exterior building
façade to which changes are proposed; and
(c)
A site development sketch showing the location of the existing
dwelling and other existing buildings; all property lines; proposed
addition, if any, along with the minimum building setback lines; the
required parking spaces for both dwelling units and any man-made conditions
which might affect construction.
5.
In accordance with the recommendations of the Court and the Court-appointed
Master, the Borough reserves the right to revisit this subsection
from time to time, and to make appropriate adjustments to enhance
the effectiveness of the Borough's Accessory Apartment Program.
[1]
History: Municipal Housing Liaison adopted by Ord. No. 395-07
§ 3 was repealed by Ord. No. 548-2018
[Adopted October 10, 2018 by Ord. No. 549-2018]
a.
Purpose.
This Ordinance is intended to ensure that any site that benefits
from a rezoning, variance or redevelopment plan approved by the Borough
or the Borough Planning/Zoning Board that results in multi-family
residential development of five dwelling units or more produces affordable
housing at a set-aside rate of 20% for for-sale affordable units and
at a set-aside rate of 15% for rental affordable units. This Ordinance
shall apply except where inconsistent with applicable law.
b.
Mandatory Set-Aside Ordinance.
If the Borough or the Borough Planning/Zoning Board permits
the construction of multi-family or single-family attached residential
development that is "approvable" and "developable," as defined at
N.J.A.C. 5:93-1.3, the Borough or the Borough's Planning/Zoning Board
shall require that an appropriate percentage of the residential units
be set aside for low and moderate income households. This requirement
shall apply beginning with the effective date of this Ordinance to
any multi-family or single-family attached residential development,
including the residential portion of a mixed-use project, which consists
of five or more new residential units, whether permitted by a zoning
amendment, a variance granted by the Borough's Planning/Zoning Board,
or adoption of a Redevelopment Plan or amended Redevelopment Plan
in areas in need of redevelopment or rehabilitation. For any such
development for which the Borough's land use ordinances (e.g. zoning
or an adopted Redevelopment Plan) already permitted residential development
as of the effective date of this Ordinance, this requirement shall
only apply if the Borough or the Borough's Planning/Zoning Board permits
an increase in approvable and developable gross residential density
to at least twice the permitted approvable and developable gross residential
density as of the effective date of this Ordinance. Nothing in this
subsection precludes the Borough or the Borough's Planning/Zoning
Board from imposing an affordable housing set-aside in a development
not required to have a set-aside pursuant to this subsection consistent
with N.J.S.A. 52:27D-311(h) and other applicable law. For inclusionary
projects in which the low and moderate units are to be offered for
sale, the appropriate set-aside percentage is 20%; for projects in
which the low and moderate income units are to be offered for rent,
the appropriate set-aside percentage is 15%. This requirement does
not create any entitlement for a property owner or applicant for a
zoning amendment, variance, or adoption of a Redevelopment Plan or
amended Redevelopment Plan in areas in need of redevelopment or rehabilitation,
or for approval of any particular proposed project. This requirement
does not apply to any sites or specific zones otherwise identified
in the Borough's Settlement Agreement with FSHC dated March 28, 2018,
or in the Borough's Housing Element and Fair Share Plan, adopted by
the Borough Planning/Zoning Board on July 10, 2018 and endorsed by
the Borough Board of Commissioners on July 25, 2018, for which density
and set-aside standards shall be governed by the specific standards
set forth therein.
Furthermore, this section shall not apply to developments containing
four or less dwelling units. All subdivision and site plan approvals
of qualifying residential developments shall be conditioned upon compliance
with the provisions of this section. Where a developer demolishes
existing dwelling units and builds new dwelling units on the same
site, the provisions of this section shall apply only if the net number
of dwelling units is five or more.
[Added 3-8-2023 by Ord. No. 621-23]
a.
Swimming pools shall be designed and constructed in accordance with
the latest edition of International Building Code, Section 3109.
b.
All drawings and plans for the construction, installation, enlargement
or alteration of any swimming pool and appurtenances shall first be
submitted to the Zoning Officer and Construction Official for examination
and approval.
c.
All plans shall be prepared by a New Jersey licensed professional
engineer or architect, and drawings shall be drawn to scale of not
less than one inch equals 10 feet.
d.
The pool plan shall show the location of all existing and proposed
site structures, including principal and accessory buildings, decks,
walks, patios, fences, pumps and pool equipment, as well as impervious
coverage calculations. All dimensions, sizes, coverage calculations
and distances shall be accurately figured and drawings made explicit
and complete showing the lot line, all structures on the lot, all
information pertaining to the pool including water supply system,
drainage and disposal systems for the filtration unit, decks, walks
and fence locations and all appurtenances pertaining to the swimming
pool. Detailed plans and vertical elevations in accordance with the
Building Code must also be provided.
f.
All private residential swimming pools, appurtenances, water supply
and drainage systems shall be constructed in conformity with the approved
plans. As-built drawings of the pool and appurtenant structures as
described in paragraph d, above, shall be prepared by a New Jersey
licensed professional engineer, architect or surveyor.
h.
No private residential pool shall be installed on any lot unless
said lot shall contain a residence and said pool shall be accessory
to the residence.
i.
Swimming pools shall be located in the rear yard only.
j.
All swimming pools, including any aprons, walkways, or patios connected
with any swimming pool, whether made of pervious or impervious material
shall be at least 10 feet from any property line.
k.
Pumps, filters, pool water disinfectant equipment and other similar
equipment accessary to a swimming pool's use shall be located not
less than 10 feet from any side or rear property line.
l.
All swimming pools, measured from the water's edge, shall be at least
10 feet from any principal structure; provided that this shall not
apply to any swimming pool which a) is wholly above grade; b) occupies
an area less than 100 square feet; and c) is covered by a rigid cover
when not in use.
