A. 
Applicability. The following provisions shall apply to all buildings and uses lawfully existing on the effective date of this ordinance which do not conform to the requirements set forth in this ordinance and to all buildings and uses that become nonconforming by reason of any subsequent amendment to this ordinance.
B. 
Regulations. Any nonconforming use of buildings or land and any nonconforming buildings may be continued indefinitely, but such buildings or uses:
1. 
Shall not be enlarged, altered, extended, reconstructed or restored, except as provided in § 85-66 herein, nor placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this Ordinance, nor shall any external evidence of such use be increased by any means whatsoever.
2. 
Shall not be moved to another location where such use would be nonconforming.
3. 
Shall not be re-established if such use has been legally abandoned, or has been changed to, or replaced by, a conforming use.
4. 
Shall not be restored for other than a conforming use after substantial destruction thereof.
Nothing in this article shall be deemed to prevent normal maintenance and repair, structural alteration in, or the reconstruction of, a nonconforming structure, provided that such action does not increase or extend the degree of, or create any new, nonconformity with regard to the regulations pertaining to such buildings or the lot upon which they are constructed;* [*As an example, a dwelling which complies fully with all requirements except that it is closer to the street than the minimum required depth of a front yard may build an addition to the rear that does not encroach on the required rear yard.] except that, the floor area of a detached single-family house that occupies a lot that is smaller than the minimum lot area required in the district in which such house is located may be increased by not more than 10% of the floor area existing as of the date of adoption of this Ordinance provided that the resulting structure complies with all other requirements of this Ordinance.
No nonconforming vacant lot existing at the time or as a result of the adoption of this Ordinance shall be further reduced in size. Such lots in residential districts as well as those which are consolidated into a single lot but still are nonconforming in size may be improved for single-family residence provided the following provisions are met:
A. 
Side and rear yard setback provisions may be reduced in direct proportion to the difference in lot areas, but in all cases shall not be less than four feet for each side yard and four feet for rear yards.
B. 
The minimum lot area may be reduced in direct proportion to the difference in lot areas, but in all cases shall not be less than the conditions imposed on a 40 foot by 80 foot plot.
C. 
The maximum lot coverage may be increased inversely in proportion to the difference in lot area.
D. 
The lot is in separate ownership and not contiguous to lots in the same ownership.
E. 
All necessary health approvals are given by the responsible municipal agency or its agent.
F. 
The height of the dwelling shall be reduced in direct proportion to the percentage of the shortfall of the required lot width.
Example: If the minimum lot width in the zone is 40 feet, and the nonconforming lot has a lot width of only 30 feet, the height of the building shall be reduced by 40 feet - 30 feet/40 feet = 25%.
[Ord. No. 1062 § 4; 6-21-2023 by Ord. No. 1402]
A. 
Accessory buildings, structures and uses shall be permitted only on the same lot as the principal building to which they are accessory and shall not be located in any front yard.
B. 
Accessory buildings, structures and uses shall not be such as to alter the character of the premises on which they are located and, except for accessways to accessory parking or loading areas from an adjoining street, shall not encroach upon any side or rear yard unless otherwise permitted in this Ordinance.
C. 
All accessory buildings, structures, or uses shall be governed by the bulk and area regulations of the zone in which they are located.
D. 
In no case shall there be more than one principal use structure on any development parcel, except as specifically permitted in the M-1-B and M-1-C zoning districts.
E. 
With the exception of private detached garages, accessory buildings, structures, and uses, shall not exceed 10 feet in height and may not exceed 100 square feet.
F. 
In those zones wherein detached garages are permitted as an accessory use, no detached garage shall be located within a front yard, and a minimum distance of 20 feet must be provided from the property line to the garage door. Detached garages shall be limited in capacity to three vehicles and one story or a maximum height of 16 feet.
G. 
A zoning permit shall be required for the construction of every accessory building, structure and use, and for the installation of any such structure which is already assembled or constructed.
H. 
Every accessory building shall be installed on poured concrete permanent foundation of sufficient area and depth to satisfy the Uniform Construction Code requirements, at every point where such accessory building shall come in contact with the surface of the ground.
[Added 3-23-2022 by Ord. No. 1378]
A. 
Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and make-ready parking spaces through municipal parking regulations and other standards. EVSE and make-ready parking spaces will support the state's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and stormwater runoff contaminants. The goals are to:
1. 
Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public.
2. 
Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.
3. 
Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.
4. 
Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CERTIFICATE OF OCCUPANCY
The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), and regulations adopted pursuant thereto.
CHARGING LEVEL
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
1. 
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt AC circuit.
2. 
Level 2 operates on a forty- to 100-amp breaker on a 208- or 240-volt AC circuit.
3. 
Direct-current fast charger (DCFC) operates on a sixty-amp or higher breaker on a 480-volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as "rapid charging stations" that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
ELECTRIC VEHICLE
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.
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)
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."
MAKE-READY SPACE
The prewiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct-current fast chargers. Make-ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a plug-and-play basis. "Make-ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et seq.).
PRIVATE EVSE
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).
PUBLICLY ACCESSIBLE EVSE
EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).
C. 
Approvals and permits.
1. 
An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning districts in the Borough of Wildwood Crest and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
2. 
EVSE and make-ready parking spaces installed pursuant to Subsection D below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection C(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, and/or Borough Engineer, shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of the Borough's land use regulations.
5. 
An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the Zoning Officer, provided the application meets the following requirements:
a. 
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
b. 
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and
c. 
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.
6. 
An application pursuant to Subsection C(5) above shall be deemed complete if:
a. 
The application, including the permit fee and all necessary documentation, is determined to be complete;
b. 
A notice of incompleteness is not provided within 20 days after the filing of the application; or
c. 
A one-time written correction notice is not issued by the Zoning Officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
7. 
EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
8. 
A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.
D. 
Requirements for new installation of EVSE and make-ready parking spaces.
1. 
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
a. 
Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least 1/3 of the 15% of make-ready parking spaces;
b. 
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of make-ready parking spaces; and
c. 
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of make-ready parking spaces.
d. 
Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.
e. 
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
2. 
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection D(1) above, shall:
a. 
Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.
b. 
Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.
c. 
Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.
d. 
Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.
e. 
Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.
f. 
In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
g. 
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
h. 
Notwithstanding the provisions of Subsection E above, 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 applicable use requirements.
2. 
A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.
3. 
All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.
4. 
Additional installation of EVSE and make-ready parking spaces above what is required in Subsection D may be encouraged, but shall not be required in development projects.
F. 
Design standards.
1. 
Installation.
a. 
Installation of EVSE and make-ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
b. 
Each EVSE or make-ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.
c. 
To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and make-ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
d. 
Each EVSE or make-ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
2. 
Safety.
a. 
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection F(5) below.
b. 
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with Borough of Wildwood Crest's ordinances and regulations.
c. 
Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Nonmountable curbing may be used in lieu of bollards if the EVSE is set back a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three feet to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.
d. 
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection F2e below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
e. 
Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
f. 
Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
g. 
Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, owners/designee of publicly accessible EVSE shall provide information to the Borough on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.
3. 
Signs.
a. 
Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs, including parking restrictions, shall be installed immediately adjacent to, and visible from the EVSE.
b. 
All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.
c. 
The following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:
(1) 
Hour of operations and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;
(2) 
Usage fees and parking fees, if applicable; and
(3) 
Contact information (telephone number) for reporting when the equipment is not operating or other problems.
[Ord. No. 1030 § 5; Ord. No. 1074 § 1; amended 1-25-2023 by Ord. No. 1391; 1-2-2025 by Ord. No. 1442; 8-13-2025 by Ord. No. 1465]
The following provisions shall apply notwithstanding any other ordinance or provision to the contrary:
A. 
Landscaping required. In any district, the entire lot, except for areas covered by buildings or surfaced as parking, recreation, or service areas, shall be seeded, sodded, or planted with ground cover and suitably landscaped to include trees, shrubs, edging materials, stones, rocks, or gravel in accordance with an overall landscape plan consistent with the natural surroundings. Landscaping stones shall only be permitted if they are enclosed by four-by-four railroad ties, or other comparable and suitable materials to prevent the stones from getting onto the sidewalk, curb, driveway, and gutter area.
B. 
Front yard. In the front yard landscape area, there shall be no more than 50% for concrete/pavers for driveways, walkways, ground level patios (i.e., impervious coverage); there shall be a 30% minimum in plantings and mulching or grass; there shall be no more than 20% maximum for stone.
C. 
Barriers and other coverings. All stones, rocks and/or gravel shall be placed over filter fabric, and any use of plastic or other impermeable material as a weed barrier is prohibited. Use of any material or substance not permitted by this section, including but not limited to artificial grass or turf are prohibited.
D. 
Parking strip. In connection with new home construction, or a substantial renovation, or in the event of replacement of more than 50% of the lineal sidewalk on a property, the parking strip area, extending from the curbline to the sidewalk, as described in Chapter 63, shall be composed of or replaced with a permeable surface of only grass or stones; the use of impervious materials, including but not limited to asphalt or concrete, is prohibited. Only a filter fabric may be used as a weed barrier; any use of plastic or other impermeable material as a weed barrier is prohibited. The provisions of this section shall not apply to that portion of a right-of-way/curbline that adjoins a property containing a commercial use, except that the use of porous pavers is encouraged.
E. 
Maintenance. All landscaping shall be properly maintained throughout the life of any use on said lot.
[Ord. No. 1287-2018 § 7]
The use of public sidewalks for business purposes, advertising purposes, or the storing, displaying or placing of goods, wares and merchandise or the like for any purpose, is hereby prohibited beyond or over the respective property lines, provided that in no event shall any display be allowed more than two feet from the building. In all cases, at least four feet of sidewalk shall remain unobstructed.
Radio or television poles or towers will not be permitted in front of the building face in any zone. Fixed flagpoles on buildings must be above street traffic level and approved by the Borough Construction Official, after meeting the requirements of the Uniform Construction Code.
No person shall strip, excavate or otherwise remove sand, fill or soil of any nature or description from privately owned property within the corporate limits of the Borough except in connection with the construction or alteration of a building on such premises and excavation of grading incidental thereto; or unless excess material exists on said premises above that which is required to bring the lot or block to the official established grade, in which case, the excess material only may be removed.
[Ord. No. 983 § 5; Ord. No. 1030 § 4; Ord. No. 1062 § 4; Ord. No. 1108 § 2; Ord. No. 1287-2018 § 8]
A. 
Corner Lots. At all street intersections in all districts, no obstructions to vision exceeding 24 inches in height above curb level shall be erected or maintained on any lot within the triangle formed by the street lines of such lot and a line drawn between points along such street lines 20 feet distant from their point of intersection.
B. 
Height Limitations. The height limitations of this Ordinance shall not apply to church spires, nor to chimneys or radio and television antennas, nor elevator shafts and other non-habitable projections. Architectural appurtenances for motels/hotels in the M-1-A, M-1-B and M-1C Zones are exempt from the height limitations of this Ordinance as long as not more than 10% of the roof is covered and the maximum height of the appurtenance does not exceed 10 feet.
C. 
Number of Principal-Use Buildings Restricted.
1. 
In the R-1, R-1A, R-2 and M-1-A Zoning districts, shall be no more than one principal use building per each development parcel.
2. 
In the M-1-B Zoning district and in the M-1-C Zoning district, with exception of the M-1-C buffer zone requirement, R-1, R-1A and R-2 development is permitted, with subdivision, in one principal building according to R-1, R-1A and R-2 Zoning regulations, except as modified and extended herein for height and for front yard setback requirements.
3. 
In the M-1-B Zoning district and in the M-1-C Zoning district, with exception of buffer zone requirements, multi-family, single, or duplex residential development or combination thereof shall be permitted in one or more than one detached building on a single parcel without subdivision.
D. 
Frontage Upon a Street. Every principal building shall be built upon a lot with the minimum lot width fronting upon an improved and approved street in accordance with the road standards established by the Borough or on a private road shown on an approved site plan.
E. 
Side Yard Setback in the R-1 Zone: a second story addition can be built in line with an existing minimum six-foot side yard setback and shall meet current rear and front yard requirements.
F. 
Roof Pitch for Residential Structures.
1. 
Roof pitch plans must be drawn to scale and submitted with the appropriate calculations at the time a zoning permit application is made.
2. 
The roof pitch must be a minimum average of five feet of rise to every 12 feet of run 5:12. Any roof which has a pitch less than two feet of rise for every 12 feet of run 2:12 shall be considered flat, and flat roofs may not exceed 20% of the roof area, measured in a horizontal plane.
3. 
A roof top deck may be no larger than the habitable floor area of the adjacent half-story, as defined. (See § 85-80)
G. 
Improvements and Additions to Existing Hotels/Motels.
Existing nonconforming conditions including existing footprints, existing room size, existing encroachments and existing parking shall be grandfathered as a nonconforming condition if a motel/hotel is renovated. A renovation includes demolition and rebuilding within the same building footprint. No renovations or addition shall encroach into the existing setbacks. Renovations or additions which exacerbate an existing nonconformity shall comply with the new standards and shall not be grandfathered.
H. 
Conversions from Hotel/Motel to Multi-Family.
For conversions of existing hotel/motel properties from their present use as hotel, motel, condotel as defined herein will require compliance with the new area and bulk and parking regulations for the M-1 Zones.
If any hotel or motel is converted to an apartment building whereby one or more units are privately owned as a condominium or cooperative form of ownership, unless such building, regardless of the form of ownership continues to operate primarily as a hotel or motel, it shall be presumed to be a change in use from hotel or motel use to multiple family residential use. If there is an elimination of common features of a hotel or motel such as a front desk, lobby, maid service and other hotel/motel features, or if less than 15% of the units are available for short term occupancy, it shall be considered prima facie evidence that the use has been changed from a hotel or motel to a multi-family residential use, in which case such conversion will not be permitted unless the structure in every regard conforms to all bulk requirements of the M-1 Zones for multi-family structures, including parking.
[Ord. No. 1017 § 1; Ord. No. 1287-2018 § 9]
Vehicular access from public streets to off-street parking areas or driveways shall be made only through authorized curb cuts, as hereinafter defined and regulated.
A. 
"Curb cuts" as used in this section shall include the making of an opening in or through any existing curb and the leaving of voids in curbs when the same are constructed in any street.
B. 
No new curb cut (unless constructed by the Borough) nor any opening in or through any existing curb of any street shall be constructed, except for single family and two-family homes unless it is part of an application for development.
C. 
The reconstruction of any existing curb or off-street parking area access drive shall be done by first obtaining a building permit from the Construction Official. The reconstruction shall be done in accordance with construction specifications approved by the Borough Engineer.
D. 
New and Reconstructed Curbs.
All new and reconstructed curb cuts shall comply with the following:
1. 
Minimum distance between the curb cut and the nearer right-of-way line of an intersecting street shall be 20 feet.
2. 
The minimum distance between any curb cut and any fire hydrant shall be two feet; provided, however, compliance with Subsection D.1 above must be met.
3. 
Any adjustments to utility poles, light stanchions, fire hydrants, catch basins, street signs, signals or other public improvements or installations required by any curb cut of off-street parking area access way shall be accomplished without cost to the Borough.
4. 
In the M-1-A, M-1-B and M-1-C Zones where land is presently vacant and is abutted by depressed curbs which do not comply with Subsection D.5 below, any permit issued for future construction on said vacant lands shall include the requirements that said depressed curbs shall be reconstructed so that they will comply with Subsection D.5 below.
5. 
In the M-1-A, M-1-B and M-1-C Zones where there presently exist depressed curbs which do not provide direct access to a legal parking space, any permit issued for future construction, including renovation or addition to existing construction upon the lands abutting said depressed curbs, shall include the requirement that said depressed curbs shall be reconstructed so that they will be of standard curb height.
6. 
The maximum curb cut dimension for a single-family dwellings shall not exceed 10 feet when 2 or less parking spaces are required, or 20 feet when 3 or more parking spaces are required. For duplexes and two-family residential the curb cut(s) shall not exceed 10 feet for one unit or a total of 20 feet for two units. In all cases, there shall be a minimum of 50% of the lot frontage to have raised curb with a minimum of 35% being continuous raised curb. Wherever possible, the locations of driveways should consider the driveway locations of adjacent development and efforts made to preserve or provide on-street parallel parking of at least 18 linear feet. The area behind the curb to the building shall be landscaped.
[Amended 1-25-2023 by Ord. No. 1394]
7. 
No more than one curb cut is permitted per lot, including corner lots, except for duplex construction on a conforming lot where one curb cut per unit shall be permitted.
Nothing contained in this Ordinance shall be construed or deemed to restrict, inhibit or circumscribe the rights and powers of the Borough of Wildwood Crest to grant lease concessions and public property as provided and permitted by the Revised Statutes of the State of New Jersey.
No certificate of occupancy shall be issued for any building to be erected upon any lot until all of said lot shall be filled into a grade of minimum of six inches on rear property line pitched to the inside of the sidewalk.
[Ord. No. 1017 § 7; Ord. No. 1287-2018 § 10]
A. 
Steps shall be permitted in the front yard setback but shall be no closer than 50% of the required front yard setback.
B. 
Eaves not greater than 18 inches shall be permitted to encroach in yard areas, but in all cases, must be at least four feet from side and rear lot lines.
C. 
Chimneys, canopies, roofs over exterior doors bay and bow windows no greater than 16 square feet in area, shall not be considered to occupy required yard area, provided that such projections do not increase the interior habitable floor area, do not extend closer than four feet to any property line, and do not extend into the yard more than two feet on not more than two sides of the structure. Bay and bow window projections shall not exceed a total of eight linear feet, per floor, on each side of the principal dwelling.
[Ord. No. 977 § 2; Ord. No. 1017 § 1; Ord. No. 1287-2018 § 11]
Patios, open porches and decks shall be permitted in conjunction with residential uses. Where patios, open porches and decks are permitted, they shall, however, specifically be subject to the following conditions and restrictions:
A. 
Any first floor decks shall be set back from the rear lot line 15% of the lot depth. Patios and decks at grade may be located anywhere within the rear yard.
B. 
Open porches and decks above the first finished floor shall comply with principal building setback requirements however a minimum setback of four feet from any bulkhead is required.
C. 
The floor of an outside porch or deck shall not be higher than the floor of the highest habitable floor in said structure and shall comply with the following:
1. 
Any porch or deck located at the highest habitable floor shall not project any vertical railing, overhead roof, pergola, canopy, awning or other structure beyond the extended plane of the principal adjacent roof line above the highest habitable interior story or interior half-story.
2. 
Any open porch, deck, or balcony located at the highest habitable floor cannot extend more than 66% of the width or length of the respective dwelling unit.
D. 
All railings and guards, and sides of balconies, porches or decks not enclosed by an exterior wall or roof of the principal structure must be of open construction having a minimum opacity of 40%.
E. 
Interior stairs are encouraged to access exterior decks and porches. If exterior stairs are provided leading to a porch or deck, are permitted only in the side or rear yards and must fall within required principal building setbacks.
F. 
A patio or deck shall not encroach into the front yard setback.
[Ord. No. 1017 § 1]
A. 
Private Residential Swimming Pools.
Except for portable swimming pools which have a depth at any point of less than 15 inches or a capacity of 300 gallons or less, the following regulations shall apply to permanent and portable swimming pools that are accessory to a residential use:
1. 
Said use shall be located on the same lot as the principal structure.
2. 
Said use shall be appropriately screened and fenced to minimize adverse impact on adjoining properties. Each fence around a swimming pool shall have at least one gate with a self-latching or closing device at least four feet above the ground so designed as to keep gates or doors securely closed. No portion of the fence erected around a swimming pool shall be less than five feet from the nearest point of water.
3. 
No loudspeakers or amplifying devices which can be heard beyond the lot lines of the lot on which said facility is located shall be used in connection with such recreation facilities.
4. 
A swimming pool shall be a permitted accessory use and no swimming pool shall be permitted unless it complies with the requirements of this Ordinance and State regulations regarding construction and operation.
5. 
No existing or hereafter constructed swimming pool shall be located on a lot unless there is a residence on such lot.
6. 
No swimming pool shall be hereafter constructed, installed, relocated or reconstructed unless the pool itself and any apron, accessory building, structure and equipment are all located at least six feet from all property lines and at least 16 feet from the proper line bordering a street. Pools adjacent to a bulkhead must meet the following setback from the bulkhead: 10 feet plus one additional foot for every foot below grade of the pool. Pools adjacent to bulkheads will require CAFRA review.
7. 
Swimming pools are prohibited in front yards.
B. 
Public Pools.
1. 
Municipally-owned public pools are exempt from zoning regulations.
2. 
Said use shall be located on the same lot as the principal structure and shall be appropriately screened and fenced to minimize adverse impact on adjoining properties. Each fence around a swimming pool shall have at least one gate with a self-latching or closing device at least four feet above the ground so designed as to keep gates or doors securely closed. No portion of the fence erected around a swimming pool shall be less than five feet from the nearest point of water.
3. 
No loudspeakers or amplifying devices which can be heard beyond the lot lines of the lot on which said facility is located shall be used in connection with such recreation facilities.
4. 
A swimming pool shall be a permitted accessory use and no swimming pool shall be permitted unless it complies with the requirements of this Ordinance and State regulations regarding the construction and operation of said pool.
5. 
No swimming pool shall be hereafter constructed, installed, relocated or reconstructed unless the pool itself and any apron, accessory building, structure and equipment are all located at least six feet from all property lines.
[Ord. No. 834 § 2; Ord. No. 1013 § 1; Ord. No. 1116 § 1; Ord. No. 1287-2018 § 12; 7-10-2024 by Ord. No. 1433; 1-22-2025 by Ord. No. 1444]
A. 
On any lot in any district, no fence, hedge, solid wall or living fence shall be erected or altered so that said fence, hedge, or wall shall be over four feet in height in front yards, with the exception of fences erected along and parallel to the front property line, and six feet in height in the side and rear yards.
B. 
A fence not exceeding three feet in height may be erected along the length of and parallel to the front property line.
C. 
Notwithstanding the location of the front yard in any given lot, no fences exceeding six feet in height shall be permitted to encroach within the minimum required front yard setback.
D. 
Solid privacy fences are prohibited in all front yard areas. Fences proposed to be erected along the length of and parallel to the front property line are required to be semi-private in nature with a minimum opacity of 40%.
E. 
Fences, hedges, solid walls or living fences may be maintained behind the front building line at a height of not more than six feet along the side property lines and six feet at the rear of the building. Each fence around a swimming pool shall have at least one gate with a self-latching or closing device at least four feet above the ground so designed as to keep gates or doors securely closed. No portion of the fence erected around a swimming pool shall be less than five feet from the nearest point of water.
F. 
Walls and fences shall be required to complement the structural type, design, and color of the principal building.
G. 
Walls and solid fences are more appropriately used adjacent to or attached to buildings as architectural extensions and careful consideration shall be given to coordination with the lines, materials and color of any principal structure.
H. 
Walls and fences shall be constructed of durable, high-quality materials and shall display a high level of quality in finish and detail. Walls with a lesser quality of finish and detail may be considered for approval if they are continuously screened by landscaping. Gates in walls and fences between streets and open areas may be required by the Planning Board.
I. 
Plantings shall be considered as part of any wall or fencing plan.
J. 
The use of plant screens instead of fences is encouraged along property lines.
K. 
Materials and construction.
1. 
If the fence is wood or wood frame, the framework must face the interior of the lot or be finished on both sides.
2. 
If the fence is open metal mesh supported by posts or frames or either pipe or wood, the posts and frame must face the interior of the lot.
3. 
If the fence is of masonry construction, a finished surface must be provided on the exterior side.
L. 
Two separate fences placed back-to-back along common property lines shall be discouraged.
M. 
Hedges shall be subject to the same provisions as regular fencing; provided, however, that they shall not be placed nearer than four feet to any sidewalk or any prospective sidewalk.
N. 
The height of walls and fences shall be measured from the elevation of the average finished grade within 10 feet from the base of the wall or fence to its highest point. However, in no event shall any fence be higher than seven feet from the grade from which the fence is installed.
O. 
No fence, hedge, or solid wall of any type shall be erected or maintained if it is deemed a safety hazard in obstructing the view of motorists. Sight triangle areas shall be required at intersections and driveways entering public streets, in addition to the specified right-of-way widths, in which no grading, planting or structure shall be erected or maintained more than 30 inches above the street center line, except for utility poles, street signs, fire hydrants and light standards. The sight triangle is defined as that area outside of the curbline and the straight line connecting "sight points," one located on each curbline or driveway center line at 25 feet or one foot for each mile of allowed street speed limit, whichever is greater, or 15 feet along the center line of a driveway. Sight triangle easements shall be required for any new development and such easement dedication shall be expressed on the plat or plan as follows: "Sight triangle easement deeded for purposes provided for and expressed in the Land Development Ordinance of the Borough of Wildwood Crest."
P. 
All fences erected shall be maintained in a safe, sound and upright condition by the property owner and all hedges shall be neatly maintained and trimmed in appearance and kept at a height not greater than prescribed by this Ordinance.
Q. 
No person shall erect a fence or wall until after obtaining a permit from the Zoning Officer. An application must be obtained from the Zoning Officer and shall require a permit fee to be paid with the application. Living fences shall not require a permit, but shall be governed by the rules of this Ordinance.
R. 
Existing fences at the time of adoption of this Ordinance shall be allowed to remain and to be maintained, but cannot be replaced except by compliance with the regulations herein prescribed.
S. 
Existing living fences in areas not permitted by this Ordinance can be maintained at a height of not more than four feet. No living fence in violation of the Ordinance shall be replaced except by compliance with the regulations herein prescribed.
Home occupations and family day care homes shall be subject to the following requirements:
A. 
Such occupation may be pursued in the principal dwelling unit structure or in a secondary building which is accessory to such principal building structure, except a garage, tool shed or storage shed.
B. 
The use of the property for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the net habitable floor area of all structures shall be used in the conduct of the home occupation.
C. 
No person other than members of the household residing on the premises plus one secretary or other assistant shall be engaged in the occupation.
D. 
The residential character of the lot and building shall not be changed, no occupational sounds shall be audible outside the building, and no equipment shall be used which will cause interference with radio or television reception in neighboring residences. No display of products shall be visible from the street, nor shall any materials be stored outside the dwelling unit.
E. 
The home occupation shall not generate the business or care of more than two clients at any one time and shall be by appointment only. The home occupation shall not include the breeding, raising, care, boarding, or maintenance of animals. Family day care homes as defined in this Ordinance may, however, provide services to no less than three and no more than five children for no less than 15 hours per week.
F. 
The home occupation shall not necessitate the need to park more than one vehicle at any time in addition to those ordinarily used by the residents of the home. Said vehicles shall be limited to passenger automobiles and/or other vehicles not exceeding a 3/4-ton capacity and must be parked off-street. The home occupation shall not reduce the parking or yard requirements of the dwelling. There may be parked on the premises not more than one vehicle owned or operated in conjunction with the home occupation. No other vehicle(s) owned or operated in conjunction with the home occupation shall be parked overnight, stored, or repaired, either on or off-premises, within a residential zone, and no such vehicle(s) shall be parked overnight or stored on a street.
G. 
The following uses do not constitute a "home occupation" in this Ordinance: real estate agents; the maintenance and operation of a private school; beauty parlor; barber shop; private sanatorium, health institute, clinic, or hospital; nursing home; lodging or boarding home; collection, storage, and sale of goods; house of worship; or any similar use.
H. 
The dwelling unit shall be permitted to have a small, unlighted nameplate sign not over two square feet in area, attached flat against the dwelling and displaying only the occupant's name, occupation and/or profession.
I. 
No hazardous materials as defined by the New Jersey Department of Environmental Protection shall be kept on the premises.
J. 
No mechanical, electrical or other equipment which produces noise, electrical or magnetic interference, vibration, heat, glare or other nuisance outside the dwelling unit shall be used.
K. 
No goods, chattels, materials, supplies or items of any kind shall be delivered more than once a day to or from the premises in connection with a home occupation and shall be limited to passenger automobiles or van delivery trucks, having a length not greater than 20 feet.
L. 
There shall be no nuisance element detectable in connection with the home occupation.
M. 
No home occupation or professional office shall be permitted which is noxious, offensive or hazardous by reason of vehicular traffic, generation or emission of noise, vibration, smoke, dust, or other particulate matter, odorous matter, heat, humidity, glare, radiation or other objectionable emissions.
N. 
No stock in trade shall be sold, offered for sale, or distributed from the premises except that which may be produced on the premises.
O. 
The applicant shall have applied for and received minor site plan approval from the Planning Board in accordance with the applicable requirements of this Ordinance.
P. 
There shall be no detrimental impacts to the use, peaceful enjoyment, economic value, or development of the surrounding properties or neighborhoods.
Q. 
Family day care homes shall be deemed to be a home occupation in any district in which home occupations are permitted and shall be subject to the same restrictions applicable to all other home occupations (except that the presence of children or customary residential recreational facilities shall not be considered as exterior evidence of a home occupation) and shall require minor site plan approval from the Planning Board in accordance with Subsections C through I, K and L of § 85-84 of this article and, additionally, shall require public notice.
Child care centers shall be permitted in the B-1, MC, and M-1 Zones within churches or other places of worship, public schools, private schools, hotels or motels, community and public buildings, and office buildings as accessory uses and subject to site plan review and the following conditions:
A. 
The applicant shall provide substantial evidence that there is a definite need for the child care center in the requested location and that the proposed child care center will have no adverse impact on surrounding properties.
B. 
The child care center shall have easy and direct access, and the entrance and exits shall be located away from areas of heavy vehicular and pedestrian traffic with limited contact with commercial and/or office uses.
C. 
The hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. No outdoor play areas shall be used before 9:00 a.m. or after 7:00 p.m. There shall be no overnight care.
D. 
The child care center shall not create any objectionable traffic or lighting conditions.
E. 
Parking areas, pedestrian walkways or other exterior portions of the premises subject to use by child care center occupants at night shall be illuminated to provide safe entrance to and egress from the center.
F. 
An outdoor play area shall be on the same lot as the child care center. The area shall be graded, well drained, completely fenced and not include driveways, parking areas or land and uses otherwise unsuitable. All outdoor play areas shall include sheltered play space.
G. 
No part of any outdoor play area may be situated in the front yard.
H. 
Storage facilities for movable outdoor play equipment shall be provided and such equipment shall be stored in these facilities when not in use. In addition, outdoor play equipment shall be designed to accommodate disabled children.
I. 
All outdoor play areas shall be screened from adjacent properties by a fence or wall with a maximum height of six feet and screen plantings. Outdoor areas located near or adjacent to hazardous areas determined by the Planning Board to be unsafe (including, but not limited to, streets, roads, driveways, parking lots, swimming pools, streams, open pits, high voltage lines or propane gas tanks) shall be fenced or otherwise protected by a natural or man-made barrier or enclosure.
J. 
The child care center may be identified only by signage which is consistent with the overall sign design theme of the particular development project in which the center is located.
K. 
The site shall be free from any hazards to the health, safety or well-being of the children.
L. 
The child care center, including any outdoor play space provided, shall be so located and designed that there shall be no objectionable impacts on adjacent or nearby properties due to noise, activity, visual or other objectionable conditions. The Board may require such special treatment in the way of design, screening or buildings, planting and parking areas, signs or other requirements as it shall deem necessary to protect adjacent and nearby properties.
M. 
All child care centers must either be licensed by or meet the requirements of the New Jersey Department of Human Services.
N. 
The floor area occupied in any building or structure as a child care center shall be excluded in calculating any parking requirement otherwise applicable to the number of units or amount of floor space, as appropriate, under state and local laws or regulations adopted thereunder and the permitted density allowable for that building or structure under any applicable zoning standard.
The Borough finds that, when unregulated, satellite earth station antennas can be installed in such a manner as to make them aesthetically unpleasant, with adverse impacts on surrounding property values. The intent and purpose of this section is to establish a procedure and the criteria to avoid such adverse impacts and to preserve the character, beauty and general welfare of the community. In all designated zones, satellite earth station antennas shall be permitted as a conditional use subject to the following:
A. 
A satellite earth station antenna shall function only as a receiving station and not as a transmitting station except, subject to the following requirements, an antenna used by an amateur radio operator licensed by the Federal Communication Commission is permitted, provided that the antenna is permitted only at the authorized transmitting location.
B. 
Each satellite earth station antenna must be accessory to a permitted principal structure located on the same lot as the principal use for which it is accessory.
C. 
A satellite dish antenna shall be ground mounted in the rear yard area of a lot and shall be located in conformity with the rear yard and side yard setback requirements for a principal permitted structure in the zoning district in which the lot is located; except that, in cases where the applicant can demonstrate that locating the satellite dish antenna in the rear yard is impracticable or would prevent the otherwise proper functioning of the satellite dish antenna, the Board may approve an alternate location as listed hereinbelow in order of municipal preference, based upon the testimony offered by the applicant:
1. 
As a first preferred alternate, a satellite dish antenna may be ground mounted in the rear yard of the lot and shall be located in conformity with the rear yard and side yard setback requirements for a permitted accessory structure in the zoning district in which the lot is located; or
2. 
As a second preferred alternate, a satellite dish antenna may be ground mounted in the side yard area of the lot and shall be located in conformity with the side yard setback requirements for permitted accessory structures and the front yard setback requirements for a permitted principal structure in the zoning district in which the lot is located; or
3. 
As a third preferred alternate, a satellite dish antenna may be roof-mounted, provided that the bottom of the satellite dish antenna shall not extend above the roof line where mounted and is located toward the rear of the structure away from the street line.
D. 
The materials used in the construction of a satellite earth station antenna shall not be unnecessarily bright, shiny, garish or reflective. They must be properly colored so as to conform to the principal use and surrounding area, including the color of the roof if roof-mounted.
E. 
The satellite earth station antenna shall be erected on a secure ground mounted foundation. No advertisement shall be permitted on a satellite earth station antenna.
F. 
Each satellite earth station antenna shall be a freestanding structure.
G. 
A satellite earth station antenna may be installed in the rear yard area of any lot, and the proposed location of a satellite earth station antenna shall conform to the rear yard and side yard setback requirements for a principal permitted structure in the zone in which the lot is located. Moreover, no satellite earth station antenna shall extend higher than 15 feet above ground level.
H. 
A satellite earth station antenna shall not exceed 12 feet in diameter and shall be effectively screened with nondeciduous plantings and, to the greatest extent possible, shall blend with the immediately surrounding area. Unless impracticable, all satellite earth station antennas shall be of the aluminum mesh type.
I. 
No lot shall have more than one satellite earth station antenna. Wires and cables running between the ground-mounted antenna and any structure shall be properly installed underground in accordance with the Uniform Construction Code. Additionally, the installation of the satellite earth station antenna shall meet all local, State and Federal requirements, including those contained in the Uniform Construction Code.
J. 
Portable mounted satellite earth station antennas are prohibited.
K. 
Satellite earth station antennas shall be installed or constructed in a manner so as not to interfere with television, radio or similar reception in adjacent and nearby areas.
L. 
Applications for installation and/or construction of satellite earth station antennas shall be subject to minor site plan review and approval from the Planning Board in accordance with applicable requirements of this Ordinance, and additionally, shall require public notice.
A. 
Any community residence for the developmentally disabled or community shelter for victims of domestic violence, excluding resident staff, shall require Planning Board approval for the use of a dwelling unit for such shelter or residence, including the conversion of a dwelling unit for such use.
B. 
The residential character of the lot and buildings shall not be changed and there shall be no exterior evidence of the community residence or community shelter. No signs shall be permitted except information and direction signs as permitted for single-family detached dwellings.
C. 
The following design requirements shall be incorporated within the submitted plan:
1. 
Each community residence or community shelter shall be connected to public water and sewer facilities;
2. 
Community residences or community shelters shall have immediate access to public transportation services or, in the alternative, provide occupants with a van or equivalent transportation service; and
3. 
Community residences or community shelters shall resemble single-family detached dwellings in appearance.
D. 
All community residences or community shelters shall have 3/4 parking spaces for each resident thereof. The Planning Board shall give due consideration to provisions for visitation and the number of resident staff in order to ensure that there are ample parking facilities. Therefore, the Planning Board may, at its discretion, require more parking spaces than 3/4 spaces per resident, or may, if the evidence so warrants, waive strict adherence to this standard. Moreover, sufficient off-street area is to be provided for the pickup and discharge of occupants by vans or other vehicles servicing the residents.
E. 
The Board may deny approval to any proposed community residence for the developmentally disabled or community shelter for victims of domestic violence which would be located within 1,500 feet of an existing such residence or shelter; provided further, however, that the Board may deny the issuance of any additional such permits if the number of persons, other than resident staff, resident at existing such community residences or community shelters within the Borough exceeds 50 persons, or 0.5% of the population of the Borough, whichever is greater.
F. 
The applicant shall have applied for and received minor site plan review and approval from the Planning Board in accordance with the applicable requirements of this Ordinance, and additionally, shall require public notice.