In addition to the goals stated in § 525-2, the districts established in this article are in accordance with the planning policies as described in the City of Cape May Comprehensive Development Plan (Master Plan) and are intended to achieve the following:
A. 
Provide sufficient space in appropriate locations for the various types of commercial and service establishments anticipated by the comprehensive development plan.
B. 
Assure light and air to the extent possible by controlling the spacing and height of buildings and other structures.
C. 
Protect commercial development against intrusive uses which are incompatible with it and against objectionable influences such as offensive noise, vibration, smoke, odors, or glare and from the hazards of fire.
D. 
Provide appropriate space for the requirements of present day merchandising, including the provisions of off-street parking and safe circulation of pedestrian and motor traffic.
E. 
Promote the most desirable use of land and pattern of building development in accord with a well-considered plan in order to promote stable commercial development, strengthen the economic base of the City, protect the character of commercial areas and nearby districts, conserve the value of land and buildings, and promote municipal tax revenues.
A. 
Use regulations.
(1) 
Uses by right. In any C-1 District, land, buildings or premises may be used by right for the following purposes:
(a) 
Apartments above commercial uses.
(b) 
Art, crafts, fine arts and other studios for training.
(c) 
Auto rental offices.
(d) 
Bicycle rental.
(e) 
Business, administrative and professional offices.
(f) 
Clubs, lodges and fraternal organizations subject to § 525-65.
(g) 
Drinking establishments licensed for on-premises consumption.
(h) 
Eating establishments designed for on-premises consumption, including those having outdoor table facilities, provided that such facilities are portable and within 10 feet of the principal building. Drive-in facilities with window or curb service are not permitted.
(i) 
Financial institutions, including banks, savings and loan companies and investment companies.
(j) 
Libraries, art galleries, museums.
(k) 
Personal services such as, but not limited to, beauty and barber shops.
(l) 
Public parking lot or garage except that no automobile service facilities or gasoline sales are permitted.
(m) 
Retail sale of goods or prepared food.
(n) 
Service businesses such as, but not limited to, shoe repair, tailor, jewelry repair, travel agency, duplicating service, or small appliance repair.
(o) 
Shopping centers.
(p) 
Taxi stations.
(q) 
Theaters, excluding drive-in theaters.
(r) 
Churches, synagogues or similar places of worship and related religious facilities subject to § 525-63.
(2) 
Accessory uses. Only the following accessory uses may be permitted in any C-1 District:
[Amended 5-2-2017 by Ord. No. 305-2017]
(a) 
Off-street parking facilities.
(b) 
Private and semiprivate recreation facilities subject to § 525-62.
(c) 
Storage of goods, subject to § 525-60G.
(d) 
Outdoor seating for the consumption of food or beverages subject to compliance with the rules established under Chapter 412 of the Code of the City of Cape May.
(3) 
Conditional uses. Historic structure conversions subject to § 525-44.
B. 
Area and bulk regulations.
(1) 
Minimum requirements.
TABLE 1
All uses
Lot size
1,500 sq. ft.
Building setback line
None required
Lot width
20 feet
Lot frontage
20 feet*
Habitable floor area per apartment
500 sq. ft.
Rear yard (or average of adjoining rear yards)
15 feet
Side yard (except if one is provided it must be at least six feet wide)
None required
*For corner lots and lots fronting on a cul-de-sac, see definition of lot frontage.
(2) 
Maximum regulations.
(a) 
All uses.
[1] 
Building height: 35 feet.
[2] 
Lot coverage: 95%.
(3) 
Building heights are subject to § 525-59D.
C. 
Off-street parking. Off-street parking shall be provided in accordance with § 525-49. A change from one use by right to another use by right, in the C-1 Zone, which does not require additional parking pursuant to § 525-49 is permitted. If a change of use requires additional parking pursuant to § 525-49 (i.e., parking in excess of that required by the prior use), then a site plan review shall be required (regardless of whether any other factor involved in the change of use would require such site plan review) and the applicant shall be required to supply the additionally required parking or secure a parking variance.
D. 
Supplemental regulations. As required by Articles IX, X and XI, inclusive.
A. 
Use regulations.
(1) 
Uses by right. In any C-2 District, land, buildings or premises may be used by right for the following purposes:
(a) 
Apartments above commercial uses.
(b) 
Art, crafts, fine arts and other studios for teaching.
(c) 
Bicycle rental.
(d) 
Business, administrative and professional offices.
(e) 
Commercial recreation limited to tennis and other racquet sports, miniature golf, dance hall, billiard parlor, bowling alleys, health clubs, theaters, but excluding drive-in theaters.
(f) 
Drinking establishments licensed for on-premises consumption.
(g) 
Eating establishments except drive-in facilities with curb service,.
(h) 
Hotels and motels.
(i) 
Libraries, art galleries, museums.
(j) 
Personal services such as, but not limited to, beauty and barber shops.
(k) 
Public parking lot or garage except that no automobile service facilities or gasoline sales are permitted.
(l) 
Retail sale of goods or prepared food.
(m) 
Taxi stations.
(n) 
Travel agency.
(2) 
Accessory uses. Only the following accessory uses may be permitted in any C-2 District:
[Amended 5-2-2017 by Ord. No. 305-2017]
(a) 
Off-street parking facilities.
(b) 
Private and semiprivate recreation facilities subject to § 525-62.
(c) 
Storage of goods, subject to § 525-60G.
(d) 
Uses which are clearly incidental and accessory to the uses by right and conditional uses, including dining or other service facilities, conference and meeting facilities and exhibit space in conjunction with hotels and motels, provided such uses may not occupy the equivalent of more than 25% of the total floor area of the principal use.
(e) 
Outdoor seating for the consumption of food or beverages subject to compliance with the rules established under Chapter 412 of the Code of the City of Cape May.
(3) 
Conditional uses. Historic structure conversions subject to § 525-44.
B. 
Area and bulk regulations.
(1) 
Minimum requirements.
TABLE 1
Nonresidential
Apartments
Lot size
2,500 sq. ft.
Lot size per unit
N/A
Building setback line
10 feet
Lot width
25 feet
Lot frontage
25 feet*
Habitable floor area
Apartment above commercial use
500 sq. ft.
Rear yard
12 feet
Each side yard
None required, except if one is provided, it must be at least six feet wide.
*For corner lots and lots fronting on a cul-de-sac, see definition of lot frontage.
TABLE 2
Hotel/Motel
Lot size
10,000 sq. ft.
Lot size per unit
600 sq. ft.
Building setback line
20 feet
Lot width
80 feet
Lot frontage
80 feet*
Habitable floor area:
Per unit including bath
300 sq. ft.
Per unit with cooking facility
330 sq. ft.
Rear yard
25 sq. ft.
Side yards:
Total
12 feet
Each side
6 feet
*For corner lots and lots fronting on a cul-de-sac, see definition of lot frontage.
(2) 
Maximum regulations.
TABLE 1
Building Height
Lot Coverage
Commercial only
35 feet
60%
Hotels and motels
35 feet
70%
Building with mixed uses
35 feet
80%
(3) 
Building heights are subject to § 525-59D.
C. 
Off-street parking. Off-street parking shall be provided in accordance with § 525-49. A change from one use by right to another use by right, in the C-2 Zone, which does not require additional parking pursuant to § 525-49 is permitted. If a change of use requires additional parking pursuant to § 525-49 (i.e., parking in excess of that required by the prior use), then a site plan review shall be required (regardless of whether any other factor involved in the change of use would require such site plan review) and the applicant shall be required to supply the additionally required parking or secure a parking variance.
D. 
Supplemental regulations. As required by Articles IX, X and XI, inclusive.
A. 
Use regulations.
(1) 
Uses by right. In any C-3 District, land, buildings or premises may be used by right for the following purposes:
[Amended 6-16-2009 by Ord. No. 183-2009; 3-18-2014 by Ord. No. 277-2014]
(a) 
Bicycle rental.
(b) 
Business, administrative and professional offices.
(c) 
Clubs, lodges and fraternal organizations subject to § 525-65.
(d) 
Eating establishments excluding the following: drive-ins with curb service; shops that provide sidewalk service or other business engaged in the sale of food, drink, ice cream, and similar confections which are sold for consumption outside of the building or structure.
(e) 
Hotels and motels.
(f) 
Multifamily dwellings.
(g) 
Public parking lot or garage except that no automobile service facilities or gasoline sales are permitted.
(h) 
Attached dwellings.
(i) 
Single-family detached dwellings.
(j) 
Tourist/guest houses subject to § 525-66.
(k) 
Two-family detached dwellings.
(l) 
Event houses, as a secondary use, subject to § 525-24E.
(2) 
Accessory uses. Only the following accessory uses may be permitted in any C-3 District:
[Amended 5-2-2017 by Ord. No. 305-2017]
(a) 
Accessory residential apartment.
(b) 
Drinking establishments licensed for on-premises consumption.
(c) 
Off-street parking facilities.
(d) 
Private and semiprivate recreation facilities subject to § 525-62.
(e) 
Residential accessory uses subject to § 525-55.
(f) 
Storage of goods, subject to § 525-60G.
(g) 
Uses which are clearly incidental and accessory to the uses by right and conditional uses, including dining or other service facilities, conference and meeting facilities and exhibit space in conjunction with hotels and motels, provided such uses may not occupy the equivalent of more than 25% of the total floor area of the principal use.
(h) 
Outdoor seating for the consumption of food or beverages subject to compliance with the rules established under Chapter 412 of the Code of the City of Cape May.
(3) 
Conditional uses. Historic structure conversions subject to § 525-44.
B. 
Area and bulk regulations.
(1) 
Minimum requirements.
TABLE 1
Single-Family Detached
Semi-detached
Lot size
11,250 sq. ft.
15,000 sq. ft.
Building setback line
20 feet
20 feet
Lot width (each unit)
75 feet
50 feet
Lot frontage (each unit)
75 feet*
50 feet*
Habitable floor area
840 sq. ft.
840 sq. ft.
Ground floor area
840 sq. ft.
840 sq. ft.
Rear yard
20 feet
20 feet
Each side yard
10 feet
10 feet**
NOTES:
*For corner lots and lots fronting on a cul-de-sac, see definition of lot frontage.
**Side yard requirement applies to each end unit.
TABLE 2
Two-Family Detached
Hotels/Motels
Lot size:
12,000 sq. ft.
15,000 sq. ft.
Per hotel/motel unit
600 sq. ft.
Building setback line
20 feet
20 feet
Lot width
80 feet
100 feet
Lot frontage
80 feet*
100 feet*
Habitable floor area
500 sq. ft.
Motel/hotel units including bath
300 sq. ft.
Motel/hot units with cooking facility
330 sq. ft.
Rear yard
20 feet
20 feet
Each side yard
10 feet
10 feet
*For corner lots and lots fronting on a cul-de-sac, see definition of lot frontage.
TABLE 3
Tourist/Guest House
Multifamily Dwellings
Lot size:
15,000 sq. ft.
17,500 sq. ft.
Minimum per dwelling
2,500 sq. ft.
2,500 sq. ft.
Building setback line
20 feet
20 feet
Lot width
100 feet
125 feet
Lot frontage
100 feet*
125 feet*
Habitable floor area per dwelling unit
600 sq. ft.
700 sq. ft.
Rear yard
20 feet
20 feet
Each side yard
10 feet
10 feet
*For corner lots and lots fronting on a cul-de-sac, see definition of lot frontage.
TABLE 4
Historic Structure Conversions
Lot size:
7,500 sq. ft.
Minimum lot size per dwelling unit:
Two or more bedrooms
2,500 sq. ft.
One bedroom
1,600 sq. ft.
Efficiency
1,200 sq. ft.
Building setback line
20 feet
Lot width
60 feet
Lot frontage
60 feet*
Habitable floor area per dwelling unit
500 sq. ft.
Rear yard
20 feet
Each side yard
6 feet
*For corner lots and lots fronting on a cul-de-sac, see definition of lot frontage.
TABLE 5
Other Uses
Lot size
11,250 sq. ft.
Building setback line
20 feet
Lot width
75 feet
Lot frontage
75 feet*
Rear yard
20 feet
Each side yard
10 feet
*For corner lots and lots fronting on a cul-de-sac, see definition of lot frontage.
TABLE 6
[Added 3-18-2014 by Ord. No. 277-2014]
Event House
Lot size
15,000 sq. ft.
Building setback line
20 feet
Lot width
100 feet
Lot frontage
100 feet
Rear yard
20 feet
Each side yard
10 feet
(2) 
Maximum regulations.
TABLE 1
[Amended 3-18-2014 by Ord. No. 277-2014]
Building Height
Lot Coverage
(percent)
Single-family detached
35 feet
75%
Single-family attached
35 feet
75%
Two-family detached
35 feet
75%
Hotels/motels
35 feet
75%
Multifamily dwellings
35 feet
75%
TABLE 1
Building Height
Lot Coverage
(percent)
Historic structures*
35 feet
75%
Tourist/guest
35 feet
75%
Other uses (including event houses)
35 feet
75%
*NOTE: Historic structures are those identified pursuant to Article VIII.
(3) 
Building heights are subject to § 525-59D.
C. 
Off-street parking. Off-street parking shall be provided in accordance with § 525-49.
D. 
Supplemental regulations. As required by Articles IX, X and XI, inclusive.
E. 
Event house regulations. Event houses shall be permitted in addition to any other permitted uses in the C-3 District, and shall continue to satisfy all of the required bulk and other zoning regulations pertaining to the principal use of the property and, in addition, shall be subject to the following additional limitations and conditions:
[Added 3-18-2014 by Ord. No. 277-2014]
(1) 
Event house functions shall not be permitted between July 1 and Labor Day.
(2) 
There shall be no more than three event house functions in any calendar year.
(3) 
The property owner, operator, guest, tenant or agent shall comply with all of the licensing and event notification procedures set forth in Chapter 310, Licensing.
(4) 
Any temporary structures erected or placed upon the property for the event, such as tents, restrooms, cooking equipment, tables and chairs, stages, sound equipment, be located outside of the setback areas set forth in Section 524-24B, Table 6.
(5) 
The event house shall comply with all other state statutes and regulations and City ordinances that are applicable to commercial establishments including, as applicable, the Fire Safety Act, Uniform Construction Code, Hotel Motel Multiple Dwellings Act, Department of Health regulations, all statutes, regulations and ordinances pertaining to the sales, service and consumption of alcoholic beverages, and all noise and nuisance ordinances. There shall be no outdoor music after 9:00 p.m. during any event house function. For any event house functions with amplified music indoors, the establishment should have all the windows and doors closed after the hour of 9:00 p.m.
(6) 
Each event house shall have the availability of off-street parking, either at the site or at a remote location in the City with adequate shuttle service, to accommodate the number of guests that will be set forth on the event notification form required under Chapter 310, Licensing, which shall consist of one parking space for each four occupants, including any staff that are hired to work at the event house function.
NOTE: Event house functions shall be permitted with respect to any properties in which event house functions are otherwise not permitted under this ordinance for which a binding contract was signed prior to January 1, 2014, a copy of which has been submitted to the City on or before February 15, 2014; provided, however, that the event house functions occur prior to January 1, 2015. Such events and properties shall still be subject to full compliance with all of the licensing requirements contained in Sections 310-23 through 310-27 and all of the regulations contained in § 525-24E, except with respect to the off-street parking requirements.
A. 
Use regulations.
(1) 
Uses by right. In any NC District, land, buildings or premises may be used by right for the following purposes:
(a) 
Business, administrative and professional offices.
(b) 
Eating establishments excluding the following: drive-ins with curb service; shops that provide sidewalk service or other business engaged in the sale of food, drink, ice cream, and similar confections which are sold for consumption outside of the building or structure in which the facility is located.
(c) 
Financial institutions, including banks, savings and loan companies and investment companies.
(d) 
Multifamily dwellings.
(e) 
Neighborhood shopping centers.
(f) 
Personal services such as, but not limited to, beauty and barber shops.
(g) 
Public parking lot or garage except that no automobile service facilities or gasoline sales are permitted.
(h) 
Retail sales or goods or prepared food except that no single establishment shall exceed 5,000 square feet of selling space.
(i) 
Small appliance repair shops.
(j) 
Boat clubs, subject to § 525-65.
(2) 
Accessory uses. Only the following accessory uses may be permitted in any NC District:
[Amended 5-2-2017 by Ord. No. 305-2017]
(a) 
Off-street parking facilities.
(b) 
Private and semiprivate recreation facilities subject to § 525-62.
(c) 
Residential accessory uses subject to § 525-55.
(d) 
Storage of goods, subject to § 525-60G.
(e) 
Outdoor seating for the consumption of food or beverages subject to compliance with the rules established under Chapter 412 of the Code of the City of Cape May.
(3) 
Conditional uses. Historic structure conversions subject to § 525-44.
B. 
Area and bulk regulations.
(1) 
Minimum requirements.
TABLE 1
Multifamily Dwellings
All Other Uses
Lot size
17,500 sq. ft.
12,500 sq. ft.
Per dwelling unit
2,500 sq. ft.
Building setback line
20 feet
20 feet
Lot width
125 feet
100 feet
Lot frontage
125 feet*
100 feet*
Habitable floor area per dwelling unit
700 feet
Rear yard
20 feet
20 feet
Each side yard
10 feet
10 feet
*For corner lots and lots fronting on a cul-de-sac, see definition of lot frontage.
(2) 
Maximum regulations.
TABLE 2
Building Height
Lot Coverage
Multifamily dwellings
35 feet
75%
Other uses
35 feet
75%
(3) 
Building heights are subject to § 525-59D.
C. 
Off-street parking. Off-street parking shall be provided in accordance with § 525-49.
D. 
Supplemental regulations. As required by Articles IX, X and XI, inclusive.
A. 
Intent. In addition to the goals stated in § 525-2 of this chapter, this district is established in accordance with the planning policies as described in the City's Comprehensive Development Plan and are intended to achieve the following:
(1) 
Provide sufficient space in appropriate locations for various types of service business - light industrial establishments anticipated by the City plan.
(2) 
Assure light and air to the maximum extent possible by controlling the spacing and height of buildings and other structures.
(3) 
Protect service business - light industrial development against intrusive uses which are incompatible with it.
(4) 
Group types of service business - light industrial development in areas in which the uses are compatible and will be accessible to necessary public and private facilities to service their needs.
(5) 
Promote the most desirable use of land and pattern of building development in accord with a well considered plan in order to promote stable development, strengthen the economic base of the City, protect the character of commercial and industrial areas in nearby districts, conserve the value of land and buildings, and promote municipal tax revenues.
(6) 
Preserve and protect the integrity and future viability of the natural, historical, and physical resources and economic well-being of the municipality and insure the compatibility of the uses permitted in this section with the community as a whole.
B. 
Use regulations.
(1) 
Uses by right. In any C-5 District, land, buildings, or premises may be used by right for the following purposes:
(a) 
Animal hospitals and boarding.
(b) 
Auto rental.
(c) 
Auto washes.
(d) 
Automotive service station subject to § 525-57G.
(e) 
Automotive body repair shop subject to § 525-57G.
(f) 
Bicycle rental.
(g) 
Building, plumbing or electrical contractors.
(h) 
Business, administrative and professional offices.
(i) 
Cold storage plant, beverage distributors, baking and other food processing plants that are not offensive, obnoxious, or detrimental to neighboring uses by reason of dust, smoke, vibration, noise, odor or effluent.
(j) 
Commercial recreation limited to tennis and other racquet sports, miniature golf, dance hall, billiard parlor, bowling alleys, and health clubs.
(k) 
Funeral parlors.
(l) 
Light manufacturing, including assembling, packaging, distribution or production of components, but no processing of raw materials, chemicals, or other potentially noxious or noise activity.
(m) 
Motor vehicle sales, including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities subject to § 525-57F.
(n) 
Off-street parking facilities.
(o) 
Printing plant.
(p) 
Public parking lot or garage except that no automobile service facilities or gasoline sales are permitted.
(q) 
Radio, television or recording studios.
(r) 
Research and development uses.
(s) 
Retail stores and service businesses.
(t) 
Theaters, excluding drive-in theaters.
(u) 
Wholesale businesses, warehouses, and building material storage and sales.
(2) 
Accessory uses. Only the following accessory uses may be permitted in any C-5 District:
(a) 
Storage of goods, subject to § 525-60G.
(b) 
Uses which are clearly incidental and accessory to the uses by right.
(3) 
Conditional uses. Historic structure conversions subject to § 525-44.
C. 
Area and bulk regulations.
(1) 
Minimum requirements.
TABLE 1
All uses
Lot size
10,000 sq. ft.
Setback lines:
Building setback line
20 feet
Improvement setback line
10 feet
Lot width
100 feet
Lot frontage
100 feet*
Rear yard
15 feet
Each side yard
10 feet
*For corner lots and lots fronting on a cul-de-sac, see definition of lot frontage.
(2) 
Maximum regulations.
(a) 
All uses.
[1] 
Building height: 35 feet.
[2] 
Lot coverage: 80%.
(3) 
Building heights are subject to § 525-59D.
D. 
Off-street parking. Off-street parking shall be provided in accordance with § 525-49.
E. 
Off-street loading. Off-street loading shall be required in accordance with § 525-50.
F. 
Supplemental regulations. As required by Articles IX, X and XI, inclusive.
A. 
Use regulations.
(1) 
Uses by right. In any C-6 District, land, buildings or premises may be used by right for the following purposes:
(a) 
Boat building and the repair, sale, rental and storage of boats.
(b) 
Boat club subject to § 525-65.
(c) 
Boatels or other transient residential accommodations for boat travelers when located immediately adjacent to boat docking facilities.
(d) 
Business, administrative and professional offices.
(e) 
Fishing piers or boat docks.
(f) 
Marina.
(g) 
Public parking lot or garage except that no automobile service facilities or gasoline sales are permitted.
(h) 
Retail sale and/or rental of goods and/or services oriented to marine or recreational activity.
(i) 
Semi-detached dwellings.
(j) 
Single-family detached dwellings.
(2) 
Accessory uses. Only the following accessory uses may be permitted in any C-6 District:
[Amended 5-2-2017 by Ord. No. 305-2017]
(a) 
Accessory residential apartment.
(b) 
Off-street parking facilities.
(c) 
Private and semiprivate recreation facilities subject to § 525-62.
(d) 
Storage of goods, subject to § 525-60G.
(e) 
Uses which are clearly incidental and accessory to the uses by right.
(f) 
Outdoor seating for the consumption of food or beverages subject to compliance with the rules established under Chapter 412 of the Code of the City of Cape May.
(3) 
Conditional uses. Historic structure conversions subject to § 525-44.
B. 
Area and bulk regulations.
(1) 
Minimum requirements.
TABLE A
Single-Family
Detached
Semi-detached
Lot size per family
6,250 sq. ft.
5,000 sq. ft.
Building setback line
20 feet
20 feet
Lot width (each unit)
50 feet
40 feet
Lot frontage
50 feet*
40 feet*
Habitable floor area
840 sq. ft.
840 sq. ft.
Ground floor area
840 sq. ft.
840 sq. ft.
Rear yard
25 feet
25 feet
Each side yard
8 feet
8 feet**
NOTES:
*For corner lots and lots fronting on a cul-de-sac, see definition of lot frontage.
**Side yard requirement applies to each end unit.
TABLE B
All Uses
Lot size
10,000 sq. ft.
Building setback line
20 feet
Lot width
75 feet
Lot frontage
75 feet*
Rear yard
25 feet
Each side yard
8 feet
*For corner lots and lots frontage on a cul-de-sac, see definition of lot frontage.
(2) 
Maximum regulations.
TABLE C
Building Height
Lot Coverage
Single-family detached
35 feet
45%
Semi-detached
35 feet
70%
All other uses
35 feet
70%
(3) 
Building heights are subject to § 525-59D.
C. 
Off-street parking. Off-street parking shall be provided in accordance with § 525-49.
D. 
Off-street loading. Off-street loading shall be required in accordance with § 525-50.
E. 
Supplemental regulations. As required by Articles IX, X and XI, inclusive.
A. 
The HO Harbor Overlay is created over all zoning districts adjacent to Cape May Harbor (including Devil's Reach and Schellenger's Creek) and Cape May Inlet, to the depth of the first row of properties only, in order to permit a wide variety of water-dependent uses. The regulations applicable to the HO shall apply in addition to the regulations applying to the underlying zone.
[Amended 6-21-2005 by Ord. No. 37-2005]
B. 
Use regulations.
(1) 
Uses by right.
(a) 
Beach and dune protection projects.
(b) 
Boat clubs in accordance with § 525-65.
(c) 
Fishing piers/docks.
(d) 
Boat launching ramps.
(e) 
Marinas.
(f) 
Parks and conservation areas.
(g) 
Recreation, public and cultural uses.
(h) 
Teaching centers.
(2) 
Accessory uses. The following accessory uses shall be permitted in the Harbor District:
(a) 
Off-street parking facilities.
(b) 
Private and semiprivate recreation facilities subject to § 525-62.
(c) 
Boat mooring docks for private use only.
(d) 
Retail sale or rental of goods or services oriented to marine or recreational activity, only in conjunction with boat clubs, fishing piers, marinas, launching ramps and teaching centers.
(3) 
Conditional uses. None.
C. 
Zoning standards applying to the Harbor Overlay.
(1) 
Zoning standards applicable to fishing piers/docks.
(a) 
All improvements are subject to applicable wetland regulations, both freshwater and saltwater.
(b) 
Improvements shall be open to the public but may charge admission.
(c) 
The pier may extend into the harbor 200 feet beyond high-water line. The pier may be no more than 20 feet wide and must be perpendicular to the water line with no finger piers.
(d) 
There must be on-site parking for a minimum of 30 automobiles, plus one space designated per employee.
(e) 
The pier may have a guarded/gated entrance with an associated structure of maximum size of 10 feet by 10 feet.
(f) 
Conformance with all state regulations, including, without limitation, N.J.A.C. 7:7E-4.11(e)2 is required.
(2) 
Zoning standards applicable to boat launching ramps.
(a) 
All improvements are subject to applicable wetland regulations, both freshwater and saltwater.
(b) 
Facilities shall be open to the public but may charge admission.
(c) 
On-site parking must conform to § 525-49. Ten parking spaces shall be required for each ramp. Each space shall be 12 feet wide by 50 feet in length in order to accommodate vehicles with trailers.
(d) 
The ramp may not extend more than 100 feet beyond the high-water line and may be no more than 10 feet wide.
(e) 
No structure is to be built on the ramp.
(f) 
Conformance with all state regulations, including, without limitation, N.J.A.C. 7:7E-4.11(c) is required.
(3) 
Zoning standards applicable to recreation, public and cultural uses.
(a) 
An open-air gazebo-type structure, with built-in seating and a maximum size of 20 feet by 20 feet, can be built. Slab-type floor shall be used.
(b) 
Structures shall be used for sale or display of marine-related science materials.
(c) 
Sale of tackle, food, beverages and sundries is permitted.
(d) 
On-site parking must conform with § 525-49A, B and D. One parking space is required per seat.
(4) 
Zoning standards applicable to marinas.
(a) 
Boat slips shall be designed or redesigned to conform to the Barrier Free Subcode: N.J.A.C. 5:23-7.1 et seq.
(b) 
All marinas shall be approved by and comply with regulations promulgated by, the New Jersey Department of Environmental Protection under the Waterfront Development Act, N.J.S.A. 12:5-3.
(c) 
Parking spaces shall be provided at a ratio of 0.5 space for each boat slip and shall be in a designated parking lot. Parking shall be immediately adjacent to any existing or proposed roadways. Parking spaces shall be a minimum of nine feet by 18 feet.
(d) 
Water circulation systems ("bubbler systems") may be utilized in addition to or in lieu of winter storage of boats.
(e) 
Recharge trenches along the water's edge under deck walkways and porous paving materials shall be required.
(f) 
Nonpotable wells are encouraged to provide water for boat wash down within marinas.
(g) 
Marine sanitary pump-out facilities shall be provided in conformity with Department of Environmental Protection regulations.
(h) 
Boat storage racks are not permitted.
(i) 
Wood preservatives approved by the Federal Environmental Protection Agency shall be used on pilings, docks and piers.
(j) 
Marina administration building shall include rest rooms/showers as per NJDEP standards.
(5) 
State regulations. All state regulations governing coastal development (N.J.A.C. 7:7E-1 et seq.) shall be complied with and appropriate permits obtained from the New Jersey Department of Environmental Protection where required.
D. 
Area and bulk regulations.
(1) 
Minimum requirements for nonresidential uses.
(a) 
Lot size: 6,000 square feet.
(b) 
Building setback line: 20 feet.
(c) 
Lot width: 75 feet.
(d) 
Lot frontage: 75 feet. For corner lots and lots fronting on a cul-de-sac, see definition of lot frontage.
(e) 
Rear yard: 25 feet. Rear yard requirement of 25 feet shall not restrict fishing piers and boat docks, provided that the rear yard is contiguous to a waterway.
(f) 
Each side yard: eight feet.
(2) 
Maximum height regulations for all development in HO, subject to § 525-59D.
(a) 
All uses: 35 feet.
E. 
Off-street parking. Off-street parking shall be provided in accordance with § 525-49, unless otherwise required within Harbor Overlay District regulations. Additionally, parking shall be provided for boat slips at the rate of 0.5 space per slip.
F. 
Supplemental regulations.
(1) 
Landscaping requirements.
(a) 
All plant material shall conform to the American Nurserymen Standards.
(b) 
Landscaping in parking and loading areas shall be shown on the landscaping plan.
(c) 
Shade trees shall be staggered or spaced throughout the site so as not to interfere with driver vision. Branches should be no lower than eight feet.
(d) 
Parking areas shall be provided with two-and-one-half-inch caliper trees at the rate of one tree for every 20 parking spaces.
(e) 
All areas not proposed for walkways between the parking area and the building shall be landscaped with trees, shrubs and ground cover.
(f) 
Any plantings which do not survive for two years or two growing seasons shall be replaced with the same or equal size and species.
(g) 
A majority of the parking areas shall be obscured from the street(s) by buildings, landscaped berms, natural ground elevations or plantings, singularly or in combination.
(2) 
Buffer areas and screening.
(a) 
Buffer areas and screening shall be required as part of development approval within the HO Zone to separate all nonresidential or commercial uses from residential uses in order to buffer noises and traffic impacts but not to disrupt a scenic vista of the Harbor. These standards are intended to provide flexibility. The location and design of buffers and screens shall consider the use of the portion of the property being screened, the distance between the use and the adjoining property, differences in elevations, the composition, height and width of the buffer, and natural features. Buffers shall be designed, planted, graded, landscaped, and developed with the general guideline that the more intense the use, the more effective the buffer must be.
(b) 
Buffer content and location.
[1] 
Buffer widths shall be measured horizontally and perpendicularly to lot and street lines.
[2] 
No structure, activity, storage of materials, or parking of vehicles shall be permitted in a buffer area.
[3] 
A buffer shall be a minimum of five feet in depth and shall be landscaped.
[4] 
The preservation of all natural wooded areas shall be an integral part of all development plans and may be calculated as part of the required buffer area, provided the growth is of a density and the area has sufficient width to serve the purpose of a buffer.
[5] 
All plants for screening shall be of a species common to the area and be either nursery, container grown, or be balled or burlapped, and be free of insects and disease.
[6] 
Buffered screen plantings shall be broken at points of vehicular and pedestrian ingress and egress to assure a clear sight triangle at all street and driveway intersections.
[7] 
Low-type shrubbery shall be used in and around parking areas, roadway, or accessways where sight distances for vehicular and pedestrian traffic are a prime consideration. Shrubbery shall be a minimum of three feet high when planted and be of such density as to obscure, throughout the full course of the year, the glare of automobile headlights emitted from premises. All other shrubbery for screening shall be a minimum of five feet high at the time of planting. Dense hedges of shrubbery planted at a maximum of 30 inches on center may be used.
[8] 
Trees for screening shall be evergreens having a minimum height of 10 feet above the ground when planted. Trees shall be five feet on centers in a single row, or five feet on centers in two or more staggered rows with a five-foot separation between rows. Evergreens may be supplemented with deciduous trees having a minimum eleven-foot height at time of planting with a minimum caliber of 2 1/2 inches.