City of North Wildwood, NJ District Regulations

No building shall hereafter be used, erected, altered, converted, enlarged, added to, moved or reduced, wholly or in part, nor shall any lands be designed, used or physically altered for any purpose or in any manner except in conformity with this chapter. Where a lot is formed from part of a lot already occupied by a building, such subdivision shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing building and all yards and other open space in connection therewith and so that all resulting lots have adequate dimensions consistent with the requirements of the zoning district in which it is located.

A.

Purpose statement. Recognizing that North Wildwood is located on a barrier island in New Jersey's coastal zone and that its bayside shoreline is extremely environmentally sensitive, the Bayside Conservation Zone was crafted to protect this natural environment while permitting appropriate use of the City's bayside waterfront for water-dependent, tourist-related uses and facilities, including uses and facilities related to ecotourism. The regulations established for the Bayside Conservation Zone are those of the City of North Wildwood. While such regulations were designed to conform with NJDEP CAFRA and the NJDEP Coastal Zone Management (CZM) Rules, they do not substitute for CAFRA, the CZM, or any other law, code, rule or regulation established by any state or federal agency. All development within the Bayside Conservation Zone shall comply with such laws, codes, rules and regulations as applicable.

B.

All structures and uses in the Bayside Conservation Zone shall be considered conditional structures and uses and shall be subject to approval by the Planning Board.

C.

Conditionally permitted principal and accessory structures and uses (such uses may be freestanding or combined with other permitted uses on a lot):

(1)

Recreational marinas.

(2)

Rental of personal watercraft.

(3)

Public parks, playgrounds and other open space, whether active or passive.

(4)

Public conservation areas.

(5)

Such educational, recreational or ecotourism structures and activities as may be permitted by relevant governmental agencies having jurisdiction over this section of the City, including observation decks, overlooks, scenic/nature trails, environmental interpretation stations and like and similar uses, including normal and customary parking and ancillary uses.

(6)

Public utility (central) substations and public utility cabinets.

(7)

Such environmental protection measures, structures and/or activities as may be required by relevant governmental agencies having jurisdiction over this section of the City.

D.

Bulk requirements for principal and accessory structures: no requirements established. This chapter defers specific requirements for physical development in the Bayside Conservation Zone to the various governmental agencies having jurisdiction over this section of the City.

A.

Purpose statement. North Wildwood's Hereford Inlet is a waterway connecting the Atlantic Ocean to the bay at the Anglesea section of the City. While unofficially navigable, Hereford Inlet is an ever-changing tidal channel whose waters, until recently, threatened to claim the lands along the City's northern edge. The City has completed installation of a stone and masonry seawall along Hereford Inlet to stabilize and protect North Wildwood's northern shoreline from tidal erosion. The Inlet Conservation Zone was crafted to recognize the natural environment along Hereford Inlet and to limit the land uses permitted in this area accordingly. The regulations established for the Inlet Conservation Zone are those of the City of North Wildwood. While such regulations were designed to conform with NJDEP CAFRA and the NJDEP Coastal Zone Management (CZM) Rules, they do not substitute for CAFRA, the CZM, or any other law, code, rule or regulation established by any state or federal agency. All development within the Inlet Conservation Zone shall comply with such laws, codes, rules and regulations as applicable.

B.

All structures and uses in the Inlet Conservation Zone shall be considered conditional structures and uses and shall be subject to approval by the Planning Board.

C.

Conditionally permitted principal and accessory structures and uses (such uses may be freestanding or combined with other permitted uses on a lot):

(1)

Passive public open space and public conservation areas.

(2)

Such educational, recreational or ecotourism structures and activities as may be permitted by relevant governmental agencies having jurisdiction over this section of the City, including observation decks, overlooks, scenic/nature trails, environmental interpretation stations and like and similar uses, including parking and ancillary uses normal and customary to such uses.

(3)

Public utility cabinets.

(4)

Such environmental protection measures, structures and/or activities as may be required by relevant governmental agencies having jurisdiction over this section of the City.

D.

Bulk requirements for principal and accessory structures: no requirements established. This chapter defers specific requirements for physical development in the Inlet Conservation Zone to the various governmental agencies having jurisdiction over this section of the City.

A.

Purpose statement. As a seaside resort, North Wildwood's economic health is inextricably tied to the beach and ocean. Recognizing the special nature and economic opportunities presented by these elements, the Oceanside Conservation Zone was created to allow for unique and imaginative development and uses while protecting and preserving the precious environmental resources in this area. Regulations for the Oceanside Conservation Zone reinforce the City's policy to ensure the continued unobstructed view from the Boardwalk to the beach and ocean, to ensure continued use of these resources for the City's residents and visitors, and to ensure the vitality of the beach as a natural resource. The regulations established for the Oceanside Conservation Zone are those of the City of North Wildwood. While such regulations were designed to conform with NJDEP CAFRA and the NJDEP Coastal Zone Management (CZM) Rules, they do not substitute for CAFRA, the CZM, or any other law, code, rule or regulation established by any state or federal agency. All development within the Oceanside Conservation Zone shall comply with such laws, codes, rules and regulations as applicable.

B.

All structures and uses in the Oceanside Conservation Zone shall be considered conditional structures and uses and shall be subject to approval by the Planning Board.

C.

Conditionally permitted principal and accessory structures and uses:

(1)

Public open space and bathing beaches.

(2)

Such shore/environmental protection measures, structures and/or activities as may be required by relevant governmental agencies having jurisdiction over this section of the City.

(3)

Such educational, recreational or ecotourism structures and activities as may be permitted by relevant governmental agencies having jurisdiction over this section of the City, including pedestrian accessways, observation decks, overlooks, scenic/nature trails, environmental interpretation stations, play stations/structures, and like and similar uses, including ancillary uses normal and customary to such uses.

(4)

Temporary seasonal recreation, entertainment and/or athletic activities and/or events, including temporary facilities for same.

(5)

Seasonal recreation and/or tourist-related concessions and other commercial activities not involving permanent structures.

(6)

Governmentally sponsored public safety and public use structures, uses and amenities designed to service the beach and Boardwalk.

(7)

Grading and maintenance of beach land in accordance with a beach maintenance plan approved by the NJDEP and with an expressed written permit issued by the City's Public Works Department.

D.

Bulk requirements for principal and accessory structures: no requirements established. This chapter defers specific requirements for physical development in the Oceanside Conservation Zone to the various governmental agencies having jurisdiction over this section of the City.

A.

Purpose statement. The Recreation, Open Space and Education (ROSE) Zoning District is intended to provide for diverse active and passive recreation activities, preserve open space and host a variety of educational facilities for people of varied age groups and abilities. The 2010 Comprehensive Master Plan recognized the development pressures facing the City of North Wildwood and the risk that such pressures place on the City's recreation, open space and educational facilities and recommended the creation of a new ROSE zoning classification for these valuable assets.

B.

Conditional uses permitted. All uses and structures in the Recreation, Open Space and Education Zoning District shall be considered conditional structures and uses and shall be subject to approval by the Planning Board.

(1)

Permitted conditional uses:

(a)

Passive or active public open space, including public parks, public conservation areas, playgrounds, athletic fields and public purpose buildings and uses.

(b)

Indoor public recreation facilities owned and operated by the City of North Wildwood.

(c)

Places of worship which consist of commonly known, recognized and long-established sects or denominations.

(d)

A nonprofit IRS-certified 501(c)(3) institution.

(e)

Traditional public, private and parochial schools, serving grades Pre-K through 12, under the authority of the New Jersey Department of Education and subject to site plan approval by the Planning Board.

(f)

Structures and uses related to the preservation and interpretation of the historic Hereford Lighthouse and adjacent Hereford Inlet Lifesaving Station and/or present use as a New Jersey Marine State Police Station.

(g)

Parking and ancillary uses normal and customary to such uses.

(h)

Municipal storage facilities attendant to such uses.

(i)

Wireless antennas provided that new antennas utilize co-location or are installed on existing structures.

(2)

Permitted conditional accessory structures:

(a)

Public utility cabinet(s) not exceeding three feet in height, with adequate landscaping screening as necessary, and not located in sight triangle easements at street corner intersections. It is recommended that public utility cabinet(s) be located underground in watertight vaults.

(b)

Handicapped access to structures. A ramp to provide handicapped access to structures may encroach into the front, side or rear yard required for the permitted conditional use in the zoning district in which it is located, provided:

[1]

The intrusion shall be into the front yard only if it is impossible to provide handicapped access to the side or rear of the residential premises.

[2]

A handicapped person resides or will reside in the dwelling.

[3]

The intrusion into the front, side or rear yard shall permitted to extend directly to the property line.

[4]

The applicant for handicapped access ramp approval shall demonstrate to the Zoning Officer that there is no other way than that proposed to construct a handicapped ramp so as not to protrude into the front, side or rear yard.

[5]

The ramp shall be constructed so as to comply with all applicable construction standards as to size, slope and other details.

(c)

Public utility lines for the transportation, distribution, or control of water, electricity, gas, oil, steam, CATV and telephone communications, and their supporting members, other than buildings or structures, shall not be required to be located on a lot, nor shall this chapter be interpreted as to prohibit the use of a property in any zone for the above uses. All public utility lines shall be located in the utility strip if paralleling the street and shall be installed underground as practical as possible.

(d)

Signs (see § 276-40, requirements for signs).

(e)

Solar energy systems (see §§ 276-76 through 276-83).

C.

Area and yard requirements for permitted conditional uses and accessory structures.

(1)

Other than maximum building height, which shall be a maximum of one story not to exceed 15 feet from the base flood elevation (BFE) (except for bleachers, lighting or observation structures, which shall be of a minimum height required to accomplish the desired function), no building controls are established for the ROSE Zoning District. All development shall be subject to conditional site plan review and approval. Lot requirements shall be appropriate for the development proposed and shall take into consideration appropriate setback, parking, landscaping, public space and ancillary uses.

(2)

The above notwithstanding, bulk requirements for structures and uses required to support the mission of the historic Hereford Lighthouse and Hereford Inlet Lifesaving Station shall be consistent with the adopted period of interpretation for each of these facilities and conform to the United States Secretary of the Interior's standards for such structures as well as the New Jersey Register of Historic Places Act (N.J.S.A. 13:1B-15.128 et seq.).

D.

Minimum off-street parking. Each individual conditional use listed hereinbelow shall provide parking spaces according to the following minimum provisions:

(1)

Places of worship shall provide one space per every three permanent seats. (One seat shall be considered 22 inches in calculating the capacity of pews or benches.)

E.

Signs.

(1)

Places of worship and schools: one freestanding sign not exceeding 15 square feet in area, 10 feet in height and set back at least five feet from all street and property lines, plus one attached sign not exceeding 25 square feet.

(2)

See § 276-40 (requirements for signs) for additional standards.

A.

All seasonal activities may remain in place during the period of May 1 through October 31, provided that any structure required for said activities does not exceed 64 square feet in area, and further provided that no excavation, grading or filling is required for such structure.

B.

Equipment or facilities not meeting such standards must be removed each day at the end of the hours of operation.

C.

All uses are required to remove trash and recyclables daily.

D.

Hours of operation: 10:00 a.m. to 5:30 p.m., unless otherwise approved by the Planning Board, during the approval process.

E.

Special event permits to allow uses to exceed such hours of operation may be issued by the City in accordance with its standard special event permit process. All special event permits shall include specific requirements for hours of operation, length of event and daily garbage and litter collection and removal.

A.

Principal permitted uses on the land and in buildings.

(1)

Detached single-family dwelling units.

(2)

Public playgrounds, public conservation areas, public parks, public open space and public purpose uses.

(3)

Public and private day schools of elementary and/or high school grade licensed by the State of New Jersey; except that nursery and/or day-care centers or schools are not permitted.

(4)

Churches which consist of commonly known, recognized and long-established sects or denominations.

(5)

Public utilities as conditional uses under N.J.S.A. 40:55D-67 (see § 276-46 for standards).

(6)

Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries and all other entities which may in the future be set forth in N.J.S.A. 40:55D-66.1 and N.J.S.A. 40:55D-66.2, and the requirements for all of those residences shall be the same as for single-family residences within this zone.

(7)

Planned commercial development, where indicated on the Zoning Map only, in accordance with the provisions specified in § 276-49 of this chapter.

(8)

Bed-and-breakfast establishments as conditional uses under N.J.S.A. 40:55D-67 (see § 276-46 for standards).

B.

Accessory uses permitted.

(1)

Private residential swimming pools (see § 276-42 for standards) and other usual recreational facilities customarily associated with residential dwelling units.

(2)

Private residential sheds for the storage of objects by the residents of the property, on the same lot/parcel, each not exceeding 15 feet in height from the grade/ground elevation, and altogether not exceeding 150 square feet in gross floor area. All residential sheds must be anchored in accordance with § 276-51B(6)(a) to prevent flotation, collapse, or lateral movement of the structure. Private residential sheds may not encroach into the front yard required for the residential use in the zoning district in which it is located.

(3)

Boats on trailers and campers to be parked or stored only and located in rear and side yards only. Their dimensions shall not be counted in determining total building coverage, and they shall not be used for temporary or permanent living quarters while situated on the lot.

(4)

Off-street parking and private residential garages (see § 276-15E hereinbelow and § 276-35, Off-street parking, loading areas and driveways). Detached residential garages to the principal structure shall require the front of the garage to be set back a minimum of 20 feet from the front facade of the principal structure, not exceeding 15 feet in height, and altogether not exceeding 400 square feet in gross floor area, on the same lot/parcel.

(5)

Fences and walls (see § 276-30).

(6)

Home occupations (see Article II for definition arid requirements).

(7)

Signs (see § 276-15F hereinbelow and § 276-40).

(8)

Satellite dish antennas (see Chapter 212 of the Code).

(9)

Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front yard of any principal structure and/or lot. Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front 50% of a side yard and shall be located a minimum of four feet from the side property line; and as to any such equipment that is located in a side yard, it shall be screened so as to not be visible from any street or adjoining property when viewed from ground level. Temporary (i.e., removable) window air-conditioning units and temporary ductless air-conditioning/HVAC compressor units that do not project more than one foot beyond the existing structure are permitted when incorporated into an existing building by way of renovation. Replacement of in-kind units, without any increase in footprint size, located in the setback area prior to the adoption of this section are exempt to this regulation.

C.

Maximum building height.

(1)

No building height shall exceed 36 feet in height from the base flood elevation (BFE) or three stories, whichever is less, except that churches and schools shall not exceed 55 feet and except further as allowed in § 276-47 of this chapter. All development on undersized lots shall have a reduced maximum building height in accordance with the schedules set forth in § 276-34B(9). The following structures may be erected above the heights prescribed by this section, but in no case shall the height of any of these appurtenances exceed a height equal to 10% more than the maximum height permitted for the particular use at issue:

(a)

Decks; however, in no case shall a deck be permitted to be constructed higher than the floor of the existing top floor of a structure.

[Amended 6-8-2022 by Ord. No. 1880]

(b)

Skylights, spires, cupolas, flagpoles, chimneys or similar structures.

(2)

Cellular telephone antennas and/or associated equipment are expressly excluded from this provision.

D.

Area and yard requirements.

[Amended 4-7-2020 by Ord. No. 1796]

Requirement		Detached Single-Family Dwellings	Schools and Churches
Principal building, minimum
	Lot area	5,000 square feet	12,000 square feet
	Lot frontage	50 feet	120 feet
	Lot width	50 feet	120 feet
	Lot depth	100 feet	100 feet
	Side yard (each)^{1, 4, 5}	20 feet total, 8 feet minimum	20 feet
	Front yard^{2, 4}	10 feet	20 feet
	Rear yard^{3, 4}	10 feet	30 feet
Accessory building, minimum
	Distance to side line	4 feet	20 feet
	Distance to rear line	4 feet	20 feet
	Distance to other building	8 feet	20 feet
Maximum building coverage of principal building		60%	50%
Maximum lot (impervious) coverage		80%	60%

NOTES:
¹	Except that the side yard setback distance may be reduced to the existing side yard distance of an existing principal building on the lot; provided that the minimum side yard setback distance shall be no less than four feet in any instance.
²	For existing detached single-family dwelling units which were constructed prior to 1986 and for structures containing two units, both of which are single-family dwelling units (i.e., residential duplexes) which were constructed prior to 1986, new open porches, open above-ground decks, stairs, stair landings and/or steps providing access to the first floor of the structure shall be permitted to extend into the front yard setback area, but if so extended, a minimum distance of 5 feet to all property lines shall be maintained.
³	May be reduced to the required front yard setback distance in instances where the rear of the lot does not abut another street or lot.
⁴	Existing stairs and porches may be replaced with identical stairs and porches regardless of the setback requirements of the district in which the subject property is located.
⁵	Eaves, cornices or overhangs more than 10 feet above lot grade may project into yard setback areas a maximum of 24 inches. In order to create an aesthetically pleasing building facade along the side of a building which fronts a street, bay windows or other architectural detailing more than 10 feet above lot grade may extend into the front yard setback a maximum of 24 inches.

E.

Minimum off-street parking. Each individual use shall provide parking spaces according to the following minimum provisions:

(1)

Detached single-family dwelling units shall provide parking spaces in accordance with the standards established by the New Jersey Residential Site Improvement Standards (RSIS) (N.J.S.A. 5:21-1 et seq.). RSIS standards include parking requirements for residential uses based on unit (bedroom) size. If the applicant does not specify the number of bedrooms per dwelling unit, then each dwelling unit shall be subject to the RSIS parking space requirements for a four-bedroom dwelling unit.

(2)

Churches shall provide one space per every three permanent seats. (One seat shall be considered 22 inches in calculating the capacity of pews or benches.)

(3)

Stacked parking, where motor vehicles are parked one in front of the other and require, when fully utilized, the moving of one vehicle to allow the removal of another, is prohibited, except in the instance of residential units where two spaces are provided for a particular dwelling unit. Stacked parking is not permitted within an enclosed garage where vehicles must exit the site by backing out into the street. A car may be stacked in front of the garage if there is a minimum of 20 feet from the garage to the property line.

(4)

See § 276-35, Off-street parking, loading areas and driveways, for additional standards.

F.

Signs.

(1)

Dwelling units: information and direction signs as defined in § 276-40A(5).

(2)

Churches and schools: one freestanding sign not exceeding 15 square feet in area, 10 feet in height and set back at least five feet from all street and property lines, plus one attached sign not exceeding 25 square feet.

(3)

See § 276-40 for additional standards.

A.

Purpose statement.

(1)

Consistent with the City's policy to provide for a range of housing types as expressed in the 2010 Comprehensive Master Plan referenced and incorporated herein, the purpose of the R-1.5 Zoning District is to permit accessory apartments as a conditional use in areas located between the City's traditional R-1 Zone and its more-intense commercial districts, thereby providing a transition between R-1 and commercial land uses while simultaneously providing for more-affordable housing in the City.

(2)

The R-1.5 Zoning District contains multifamily development in the form of relatively older apartment buildings and relatively new townhomes. It is not the intention of this section to remove, render illegal or otherwise negatively impact these existing uses. However, consistent with the underlying public policy goals embodied in the Master Plan, it is the intention not to permit the creation of additional such uses/structures in this section of the City.

(3)

The zone boundary lines for the R-1.5 Zoning District shall follow the current parcel/property boundary geometry to avoid bifurcating properties between zoning districts.

B.

Principal permitted uses (as defined in § 276-7, Definitions and word usage) on the land and in buildings:

(1)

Detached single-family dwelling units.

(2)

Attached garages to be considered part of the principal structure and not an accessory structure. Attached garages to the principal structure shall require the front of the garage to be set back a minimum of 20 feet from the property line.

(3)

Public playgrounds, public conservation areas, public parks, public open space and public purpose uses, all subject to site plan approval by the Planning Board.

(4)

Traditional public, private and parochial schools, serving grades pre-K-12, under the authority of the New Jersey Department of Education, and subject to site plan approval by the Planning Board.

(5)

Public utilities' central substations (see § 276-7 for definition), subject to the following:

(a)

The proposed installation in a specific location must be necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located.

(b)

The design of any structure in connection with such facility must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding area.

(c)

Adequate fencing and other safety devices shall be provided and shall be installed in accordance with the applicable requirements of the New Jersey Board of Public Utilities and/or other applicable codes. Barbed-wire-topped fences or similar trespassing-deterrent devices are expressly discouraged.

(d)

Site landscaping shall be provided in sufficient quantity and placement in order to create a visual buffer from all public rights-of-way or adjacent properties.

(e)

Off-street parking shall be provided as determined by the needs of the facility.

(6)

Places of worship which consist of commonly known, recognized and long-established sects or denominations.

(7)

Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries, and all other entities which may in the future be set forth in N.J.S.A. 40:55D-66.1 and N.J.S.A. 40:55D-66.2; and the requirements for all of those residences shall be the same as for single-family residences within this zone.

C.

Conditional uses permitted:

(1)

Accessory apartments, as conditional uses, and the requirements for all of those residences shall be the same as for single-family residences within this zone. Accessory apartments can be developed as an optional development scheme and are subject to the following:

[Amended 10-17-2023 by Ord. No. 1916]

(a)

Conditional accessory apartments that are not located within a single-family detached dwelling unit are prohibited.

(b)

Studio apartments are prohibited.

(c)

Conditional accessory apartments in the R-1.5 Zoning District shall be limited to one such accessory apartment per the lesser of one lot or one single-family detached dwelling unit.

(d)

Conditional accessory apartments shall be no larger than 25% of the total habitable floor area of the structure in which they are located and shall contain no less than the minimum net habitable floor area as required by the City's Affordable Housing Ordinance, regardless of whether or not the conditional accessory apartment is to be created under the City's Affordable Housing Ordinance, as applicable.

(e)

Any increase in the number of bedrooms on the lot in question caused by the addition of a conditional accessory apartment to an existing single-family detached dwelling shall require compliance with the parking requirements of the RSIS (N.J.S.A. 5:21-1 et seq.).

(f)

Entrances to conditional accessory apartments shall be limited to the front or side elevations of the single-family detached dwelling unit in which they are located. If located on a side elevation, such entrance shall be situated within the front 1/3 of the structure.

(g)

All conditional accessory apartments shall comply with the Americans with Disabilities Act[1] (ADA) and the accessibility and adaptability requirements of N.J.A.C. 5:94-3.14.

[1]

Editor's Note: See 42 U.S.C. § 12101 et seq.

(2)

Bed-and-breakfast establishments, as conditional.[2]

[2]

Editor's Note: Former Subsection C(3), which permitted two-family dwellings, which immediately followed this subsection, was repealed 7-19-2022 by Ord. No. 1882.

D.

Accessory uses permitted:

(1)

Private residential swimming pools (see § 276-42, Swimming pools, for standards) and other usual recreational facilities customarily associated with residential dwelling units, on the same lot/parcel.

(2)

Private residential sheds for the storage of objects by the residents of the property, on the same lot/parcel, each not exceeding 15 feet in height from the grade/ground elevation, and altogether not exceeding 150 square feet in gross floor area. All residential sheds must be anchored in accordance with § 276-51B(6)(a) to prevent flotation, collapse, or lateral movement of the structure. Private residential sheds may not encroach into the front yard required for the residential use in the zoning district in which it is located.

(3)

Public utility cabinet(s) not exceeding three feet in height, with adequate landscaping screening as necessary, and not located in sight triangle easements at street corner intersections. It is recommended that public utility cabinet(s) be located underground in watertight vaults.

(4)

Public utility lines for the transportation, distribution, or control of water, electricity, gas, oil, steam, CATV and telephone communications, and their supporting members, other than buildings or structures, shall not be required to be located on a lot, nor shall this section be interpreted as to prohibit the use of a property in any zone for the above uses. All public utility lines shall be located in the utility strip if paralleling the street and shall be installed underground as practical as possible.

(5)

Off-street parking and private residential garages (see § 276-15.1F hereinbelow and § 276-35, Off-street parking, loading areas and driveways). Detached residential garages to the principal structure shall require the front of the garage to be set back a minimum of 20 feet from the front facade of the principal structure, not exceeding 15 feet in height, and altogether not exceeding 400 square feet in gross floor area, on the same lot/parcel.

(6)

Handicapped access to residences. A ramp to provide handicapped access to single-family detached dwellings, twin or two-family dwelling units, duplexes and semidetached dwelling units may encroach into the front, side or rear yard required for the residential use in the zoning district in which it is located, provided:

(a)

The intrusion shall be into the front yard only if it is impossible to provide handicapped access to the side or rear of the residential premises.

(b)

A handicapped person resides or will reside in the dwelling.

(c)

The intrusion into the front, side or rear yard shall not be allowed any closer than five feet to the applicable property line.

(d)

The applicant for handicapped access ramp approval shall demonstrate to the Zoning Officer that there is no other way than that proposed to construct a handicapped ramp so as not to protrude into the front, side or rear yard.

(e)

The ramp shall be constructed so as to comply with all applicable construction standards as to size, slope and other details.

(f)

The foregoing approval shall only be permitted in conjunction with residential housing defined herein as single-family detached, twin or two-family, duplex, or semidetached. No such approval shall be granted in connection with any other type of housing, and no such approval shall be granted in any case with regard to commercially used property.

(g)

A certification from the Zoning Officer shall be required indicating compliance with all the aforesaid requirements before a construction permit may be issued for the proposed ramp.

(7)

Fences and walls (see § 276-30, Fences, walls and sight triangles).

(8)

Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front yard of any principal structure and/or lot. Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front 50% of a side yard; and as to any such equipment that is located in a side yard, it shall be screened so as to not be visible from any street or adjoining property when viewed from ground level. Temporary (i.e., removable) window air-conditioning units and temporary ductless air-conditioning/HVAC compressor units that do not project more than one foot beyond the existing structure are permitted when incorporated into an existing building by way of renovation. Replacement of in-kind units, without any increase in footprint size, located in the setback area prior to the adoption of this section are exempt to this regulation.

(9)

Home occupations (see § 276-7 for definitions and requirements).

(10)

Signs (see § 276-15.1H hereinbelow and § 276-40 (requirements for signs).

(11)

Satellite dish antennas. All satellite dish antennas shall be no larger than four feet in diameter, located on the principal structure or as an accessory structure meeting accessory structure yard requirements stated below, and located in the rear yard. For all practical purposes, satellite dish antennas shall not be seen from the front facade of the building or the public street and/or right-of-way.

(12)

Solar energy systems (see Article XII).

E.

Maximum building height.

(1)

No building height shall exceed 36 feet in height from the base flood elevation (BFE) or three stories, whichever is less, except the following structures may be erected above the heights prescribed by this section, but in no case shall the height of any of these appurtenances exceed a height equal to 10% more than the maximum height permitted for the particular use at issue:

(a)

Decks; however, in no case shall a deck be permitted to be constructed higher than the floor of the existing top floor of a structure.

[Amended 6-8-2022 by Ord. No. 1880]

(b)

Skylights, spires, cupolas, flagpoles, chimneys or similar structures.

(2)

Cellular telephone antennas and/or associated equipment are expressly excluded from this provision.

(3)

All development on undersized lots shall have a reduced maximum building height in accordance with the schedules set forth in § 276-34B(9).

F.

Area and yard requirements.

[Amended 4-7-2020 by Ord. No. 1796]

Requirement
Category		Detached Single-Family Dwellings	Places of Worship
Principal building, minimum
	Lot area	4,000 square feet	12,000 square feet
	Lot frontage	40 feet	120 feet
	Lot width	40 feet	120 feet
	Lot depth	100 feet	100 feet
	Side yard (each)^{1, 2}	16 feet total; 6 feet minimum	20 feet
	Front yard^{1, 2, 3}	10 feet	20 feet
	Rear yard^{1, 2, 3}	10 feet	30 feet
Maximum building coverage (all buildings)		60%	50%
Maximum lot (impervious) coverage		80%	60%
Accessory building, minimum
	Distance to side line	4 feet	20 feet
	Distance to rear line	4 feet	20 feet
	Distance to other building	8 feet	20 feet

NOTES:
¹	For renovations and/or additions to existing structures only, existing stairs and porches may be replaced with identical stairs and porches regardless of the setback requirements of the district in which the subject property is located. For new construction/reconstruction of open porches, stairs and/or steps, they must meet applicable zoning requirements and shall require a zoning and/or construction permit, where required, as applicable in order to permit construction in this regard.
²	Eaves, cornices or overhangs more than 10 feet above lot grade may project into yard setback areas a maximum of 24 inches. In order to create an aesthetically pleasing building facade along the side of a building which fronts a street, bay windows or other architectural detailing more than 10 feet above lot grade may extend into the front yard setback a maximum of 24 inches.
³	For existing detached single-family dwelling units which were constructed prior to 1986 and for structures containing two units, both of which are single-family dwelling units (i.e., residential duplexes) which were constructed prior to 1986, new open porches, open above-ground decks, stairs, stair landings and/or steps providing access to the first floor of the structure shall be permitted to extend into the front yard setback area, but if so extended, a minimum distance of 5 feet to all property lines shall be maintained.

G.

Minimum off-street parking. Each individual use shall provide parking spaces according to the following minimum provisions:

(1)

Detached single-family dwelling units shall provide parking spaces in accordance with the standards established by the New Jersey Residential Site Improvement Standards (RSIS) (N.J.A.C. 5:21-1 et seq.). RSIS standards include parking requirements for residential uses based on unit (bedroom) size. If the applicant does not specify the number of bedrooms per dwelling unit, then each dwelling unit shall be subject to the RSIS parking space requirements for a four-bedroom dwelling unit.

(2)

Churches shall provide one space per every three permanent seats. (One seat shall be considered 22 inches in calculating the capacity of pews or benches.)

(3)

Stacked parking, where motor vehicles are parked one in front of the other and require, when fully utilized, the moving of one vehicle to allow the removal of another, is prohibited, except in the instance of residential units where two spaces are provided for a particular dwelling unit. Stacked parking is not permitted within an enclosed garage where vehicles must exit the site by backing out into the street. A car may be stacked in front of the garage if there is a minimum of 20 feet from the garage to the property line.

(4)

See § 276-35 (Off-street parking, loading areas and driveways) for additional standards.

H.

Signs.

(1)

Residential dwelling units: only information and direction signs as defined in § 276-40A(5) (requirements for signs).

(2)

Churches and schools: one freestanding sign not exceeding 15 square feet in area, 10 feet in height and set back at least five feet from all street and property lines, plus one attached sign not exceeding 25 square feet.

(3)

See § 276-40 (requirements for signs) for additional standards.

A.

Purpose statement.

(1)

Consistent with the City's policies to reinforce the integrity of the City's existing single-family neighborhoods and to reflect current development patterns as expressed in the 2010 Comprehensive Master Plan ("Master Plan") referenced herein, several portions of the preexisting R-2 have been reclassified and absorbed into adjacent zoning district(s).

(2)

A portion of the preexisting R-2 Zoning District running the length of the City between the properties fronting New Jersey Avenue and the bay included bayfront commercial properties located between the property fronting 2nd and 4th Avenue(s). Also, a portion of the preexisting R-2 Zoning District running the length of the City between the properties fronting New Jersey Avenue and the bay included the commercial bank properties (parking lot) between 5th and 6th Avenue(s) and the City-owned building on 4th Avenue behind the City's Fire Station. Similarly, a portion of the preexisting R-2 District included commercial bank properties between 19th and 20th Avenue(s). The preexisting R-2 lands are to be reclassified and absorbed into the adjacent reclassified Central Business District (CBD) Zoning District.

(3)

A preexisting R-2 Zoning District spanned the length of the City between New Jersey and Central Avenue(s), except for the existing lots fronting 17th Avenue between New Jersey and Central Avenue(s). The preexisting R-2 lands are to be reclassified and absorbed into the adjacent R1.5 Zoning District.

(4)

Consistent with the City's policies to reinforce the integrity of the City's existing single-family neighborhoods and to reflect current development patterns as expressed in the Master Plan, existing detached residential cottages in the R-2 Zoning District shall be permitted, provided that the bulk requirements of the zoning district are met. Detached garages at the rear of residential properties have been converted into residential cottages. While such conversions have provided the City with a unique residential configuration and increased the residential apartment/detached residential cottages inventory, they have resulted in a loss of off-street parking and, in certain instances, have increased residential density beyond that considered appropriate for the R-2 Zoning District.

B.

Principal permitted uses on the land and in buildings:

(1)

Detached single-family dwelling units.

(2)

Single-family semidetached (duplex) dwelling units (see § 276-7, Definitions).

(3)

Two-family stacked (multistory) dwelling units (see § 276-7, Definitions).

(4)

Attached garages shall be considered part of the principal structure and not an accessory structure. Attached garages to the principal structure shall require the front of the garage to be set back a minimum of 20 feet from the front facade of the principal structure.

(5)

Public playgrounds, public conservation areas, public parks, public open space and public purpose uses.

(6)

Traditional public, private and parochial schools, serving grades Pre-K through 12, under the authority of the New Jersey Department of Education and subject to site plan approval by the Planning Board.

(7)

Places of worship which consist of commonly known, recognized and long-established sects or denominations.

(8)

Public utilities' central substations (see § 276-7 for definition), subject to the following:

(a)

The proposed installation in a specific location must be necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located.

(b)

The design of any structure in connection with such facility must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding area.

(c)

Adequate fencing and other safety devices shall be provided and shall be installed in accordance with the applicable requirements of the New Jersey Board of Public Utilities and/or other applicable codes. Barbed-wire-topped fences or similar trespassing-deterrent devices are expressly discouraged.

(d)

Site landscaping shall be provided in sufficient quantity and placement in order to create a visual buffer from all public rights-of-way or adjacent properties.

(e)

Off-street parking shall be provided as determined by the needs of the facility.

(9)

Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, and all other entities which may in the future be set forth in N.J.S.A. 40:55D-66.1 and N.J.S.A. 40:55D-66.2; and the requirements for all of those residences shall be the same as for single-family residences within this zone.

(10)

Bed-and-breakfast establishments as conditional uses.

C.

Accessory uses permitted:

(1)

Private residential swimming pools (see § 276-42, Swimming pools, for standards) and other usual recreational facilities customarily associated with residential dwelling units.

(2)

Private residential sheds for the storage of objects by the residents of the property, each not exceeding 15 feet in height from grade/ground elevation, and altogether not exceeding 150 square feet in gross floor area. All residential sheds must be anchored in accordance with § 276-51B(6)(a) to prevent flotation, collapse, or lateral movement of the structure. Private residential sheds may not encroach into the front yard required for the residential use in the zoning district in which it is located.

(3)

Public utility cabinet(s) not exceeding three feet in height, with adequate landscaping screening as necessary and not located in sight triangle easements at street corner intersections. It is recommended that public utility cabinet(s) be located underground in watertight vaults.

(4)

Public utility lines for the transportation, distribution, or control of water, electricity, gas, oil, steam, CATV and telephone communications, and their supporting members, other than buildings or structures, shall not be required to be located on a lot, nor shall this chapter be interpreted as to prohibit the use of a property in any zone for the above uses. All public utility lines shall be located in the utility strip if paralleling the street and shall be installed underground as practical as possible.

(5)

Off-street parking and private garages (see § 276-16F hereinbelow and § 276-35, Off-street parking, loading areas and driveways). Detached garages to the principal structure shall require the front of the garage to be set back a minimum of 20 feet from the front facade of the principal structure, not exceeding 15 feet in height, and altogether not exceeding 400 square feet in gross floor area.

(6)

Handicapped access to residences. A ramp to provide handicapped access to single-family detached dwellings, twin or two-family dwelling units, duplexes and semidetached dwelling units may encroach into the front, side or rear yard required for the residential use in the zoning district in which it is located, provided:

(a)

The intrusion shall be into the front yard only if it is impossible to provide handicapped access to the side or rear of the residential premises.

(b)

A handicapped person resides or will reside in the dwelling.

(c)

The intrusion into the front, side or rear yard shall not be allowed any closer than five feet to the applicable property line.

(d)

The applicant for handicapped access ramp approval shall demonstrate to the Zoning Officer that there is no other way than that proposed to construct a handicapped ramp so as not to protrude into the front, side or rear yard.

(e)

The ramp shall be constructed so as to comply with all applicable construction standards as to size, slope and other details.

(f)

The foregoing approval shall only be permitted in conjunction with residential housing defined in the Zoning Ordinance as single-family detached, twin or two-family, duplex, or semidetached. No such approval shall be granted in connection with any other type of housing, and no such approval shall be granted in any case with regard to commercially used property.

(g)

A certification from the Zoning Officer shall be required indicating compliance with all the aforesaid requirements before a construction permit may be issued for the proposed ramp.

(7)

Fences and walls (see § 276-30, Fences, walls and sight triangles).

(8)

Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front yard of any principal structure and/or lot. Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front 50% of a side yard setback; and as to any such equipment that is located in a side yard setback, it shall be screened so as to not be visible from any street or adjoining property when viewed from ground level. Temporary (i.e., removable) window air-conditioning units and temporary ductless air-conditioning/HVAC compressor units that do not project more than one foot beyond the existing structure are permitted when incorporated into an existing building by way of renovation. Replacement of in-kind units, without any increase in footprint size, located in the setback area prior to the adoption of this section are exempt from this regulation.

(9)

Home occupations (see § 276-7, Definitions and word usage, for definition and requirements).

(10)

Signs (see § 276-16G hereinbelow and § 276-40, requirements for signs).

(11)

Satellite dish antennas. All satellite dish antennas shall be no larger than four feet in diameter, located on the principal structure or as an accessory structure meeting accessory structure yard requirements stated below and located in the rear yard. For all practical purposes, satellite dish antennas shall not be seen from the front facade of the building or the street.

(12)

Solar energy systems (see Article XII).

(13)

For lots which abut the City's canals or bayside waterways, boat slips for the tie-up of private boats owned and/or used by the residents of the premises and/or rented to other private individuals on a contractual basis. All boats shall be licensed as required with the appropriate agencies.

D.

(Reserved)[1]

[1]

Editor's Note: Former Subsection D, which listed single-family semidetached dwellings and two-family stacked dwellings as permitted conditional uses, was repealed 10-17-2023 by Ord. No. 1913.

E.

Maximum building height. No building height shall exceed 36 feet in height from the base flood elevation (BFE) or three stories, whichever is less, except as allowed as follows:

(1)

Height limits.

(a)

The following structures may be erected above the heights prescribed by this chapter, but in no case shall the height of any of these appurtenances exceed a height equal to 10% more than the maximum height permitted for the particular use in the zoning district:

[1]

Decks; however, in no case shall a deck be permitted to be constructed higher than the floor of the existing top floor of a structure.

[Amended 6-8-2022 by Ord. No. 1880]

[2]

Skylights, spires, cupolas, flagpoles, chimneys or similar structures.

(b)

Cellular telephone antennas and/or associated equipment are expressly excluded from this provision.

(2)

All development on undersized lots shall have a reduced maximum building height in accordance with the schedules set forth in § 276-34B(9).

F.

Area and yard requirements.

[Amended 4-7-2020 by Ord. No. 1796]

		Requirement
Category		Detached Single-Family Dwellings	2-Family and Semidetached Dwellings	Places of Worship
Principal building, minimum
	Lot area	4,000 square feet	6,000 square feet	12,000 square feet
	Lot frontage	40 feet	60 feet	120 feet
	Lot width	40 feet	60 feet	120 feet
	Lot depth	100 feet	100 feet	100 feet
	Side yard (each)^{1, 2}	6 feet	10 feet	20 feet
	Front yard^{1, 2, 3}	10 feet	10 feet	20 feet
	Rear yard^{1, 2, 3}	10 feet	10 feet	30 feet
Maximum building coverage (all buildings)		70%	70%	50%
Maximum impervious lot coverage (all buildings and impermeable surfaces)		80%	80%	60%
Accessory building, minimum
	Distance to side line	4 feet	4 feet	20 feet
	Distance to rear line	4 feet	4 feet	20 feet
	Distance to other building	8 feet	8 feet	20 feet

NOTES:
¹	Existing stairs and porches may be replaced with identical stairs and porches regardless of the setback requirements of the district in which the subject property is located. For new construction/reconstruction of open porches, stairs and/or steps, they must meet applicable zoning requirements and shall require a zoning and/or construction permit where required, as applicable, in order to permit construction in this regard.
²	Eaves, cornices or overhangs more than 10 feet above lot grade may project into yard setback areas a maximum of 24 inches. In order to create an aesthetically pleasing building facade along the side of a building which fronts a street, bay windows or other architectural detailing more than 10 feet above lot grade may extend into the front yard setback a maximum of 24 inches.
³	For existing detached single-family dwelling units which were constructed prior to 1986 and for structures containing two units, both of which are single-family dwelling units (i.e., residential duplexes) which were constructed prior to 1986, new open porches, open above-ground decks, stairs, stair landings and/or steps providing access to the first floor of the structure shall be permitted to extend into the front yard setback area, but if so extended, a minimum distance of 5 feet to all property lines shall be maintained.

(1)

Exceptions to area and yard requirements.

(a)

In R-2 Zoning District, the following lot depths shall be permitted as exceptions to the lot depth requirement of 100 feet and shall be permitted as exceptions to the lot area requirement in that zoning district:

[1]

In Blocks 64, Block 114 and Block 114.01, the minimum lot depth requirement shall be 80 feet. In Block 89 the minimum lot depth shall be 65 feet.

[2]

In Block 115, the minimum lot depth shall be 90 feet for even-numbered lots; 85 feet for odd-numbered lots 19 through 39; and 60 feet for odd-numbered lots 1 through 17.

[3]

In Block 117, the minimum lot depth required shall be 90 feet. In Block 117.01, Lots 1 through 9, the minimum lot depth requirement shall be 88 feet.

[4]

In Block 90, the minimum lot depth requirement shall be 60 feet.

[5]

In Block 92.01, the minimum lot depth requirement shall be 50 feet.

[6]

In Block 64, In Block 118.02, the minimum lot depth requirement shall be 88 feet. In Block 118.03, the minimum lot depth requirement shall be 60 feet.

[7]

In Blocks 119.02, 120.02 and 121.02, the minimum lot depth requirement shall be 88 feet.

[8]

In Blocks 119.03, 120.03 and 121.03, the minimum lot depth requirement shall be 60 feet.

G.

Minimum off-street parking. Each individual use shall provide parking spaces according to the following minimum provisions:

(1)

All dwelling units described in this chapter shall provide parking spaces in accordance with the standards established by the New Jersey Residential Site Improvement Standards (RSIS) (N.J.S.A. 5:21-1 et seq.). RSIS standards include parking requirements for residential uses based on unit (bedroom) size. If the applicant/developer does not specify the number of bedrooms per dwelling unit, then each dwelling unit shall be subject to the RSIS parking space requirements for a four-bedroom dwelling unit.

(2)

Places of worship shall provide one space per every three permanent seats. (One seat shall be considered 22 inches in calculating the capacity of pews or benches.)

(3)

See § 276-35 (Off-street parking, loading areas and driveways) for additional standards.

H.

Signs.

(1)

Residential dwelling units: only information and direction signs as defined in § 276-40A(5) (requirements for signs).

(2)

Places of worship: one freestanding sign not exceeding 15 square feet in area, 10 feet in height and set back at least five feet from all street and property lines, plus one attached sign not exceeding 25 square feet.

(3)

See § 276-40 (requirements for signs) for additional standards.

A.

Principal permitted uses on the land and in buildings:

(1)

Garden apartments. For the purposes of this section, "garden apartment" is defined to mean: a multifamily structure designed to resemble (and conform to bulk requirements for) a townhouse, except that dwelling units in garden apartments may be placed in a horizontal configuration (i.e., one dwelling unit above the other, for a maximum of one first floor unit and one second floor unit).

(a)

Individual garden apartment buildings shall contain not fewer than three and not more than eight pairs of stacked dwelling units. Each such dwelling unit shall have an independent means of ingress and egress as well as individual sleeping, full-service cooking, sanitary and general living facilities (all internal to the unit).

(b)

Each garden apartment dwelling unit shall be a minimum of 600 square feet and a minimum of 24 feet wide.

(c)

Exterior (end) lots shall be a minimum 36 feet wide in order to contain a twenty-four-foot-wide unit and a twelve-foot-wide side yard setback, which shall be used as a driveway. In the alternative, exterior lots may be 24 feet wide, provided that an additional twelve-foot side yard setback (under some form of common ownership) is maintained. Garages and off-street parking for garden apartment buildings shall be accessed from the rear of the building, which shall be accessible from a loop road employing common end-unit driveways.

(d)

No garden apartment building in the GA Zoning District shall be constructed unless the development is part of an approved site plan and unless the following minimum standards are met, in addition to other applicable requirements of this chapter.

(2)

Public playgrounds, public conservation areas, public parks, public open space and public purpose uses.

(3)

Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, and all other entities which may in the future be set forth in N.J.S.A. 40:55D-66.1 and N.J.S.A. 40:55D-66.2; and the requirements for all of those residences shall be the same as for § 276-15 within this zone.

B.

Conditional uses permitted:

(1)

Public utilities' central substations (see § 276-7 of Article II for definition), subject to the following:

(a)

The proposed installation in a specific location must be necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located.

(b)

The design of any structure in connection with such facility must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding area.

(c)

Adequate fencing and other safety devices shall be provided and shall be installed in accordance with the applicable requirements of the New Jersey Board of Public Utilities and/or other applicable codes.

(d)

Site landscaping shall be provided in sufficient quantity and placement in order to create a visual buffer from all public rights-of-way or adjacent properties.

(e)

Off-street parking shall be provided as determined by the needs of the facility.

(2)

Senior citizen housing as conditional uses under N.J.S.A. 40:55D-67 (see § 276-46 for standards).

C.

Accessory uses permitted:

(1)

Noncommercial recreational facilities.

(2)

Off-street parking and private garages (see below and § 276-35, Off-street parking, loading areas and driveways). Integrated garages and off-street parking for garden apartment buildings shall be accessed from the rear of the principal building, which shall be accessible from a loop road employing common end-unit driveways. Detached garages to the garden apartment principal structure, on the same lot/parcel, shall require the front of the garage to be set back a minimum of 20 feet from the front facade of the principal structure, not exceeding 15 feet in height, and altogether not exceeding 400 square feet in gross floor area.

(3)

Private residential sheds for the storage of objects by the residents of the property, on the same lot/parcel, each not exceeding 15 feet in height from grade/ground elevation, and altogether not exceeding 150 square feet in gross floor area. All residential sheds must be anchored in accordance with § 276-51B(6)(a) to prevent flotation, collapse, or lateral movement of the structure. Private residential sheds may not encroach into the front yard required for the residential use in the zoning district in which it is located.

(4)

Fences and walls (see § 276-30, Fences, walls and sight triangles).

(5)

Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front yard of any principal structure and/or lot. Air-conditioning/HVAC compressor units and emergency electrical generators are part and parcel and are a part of the principal structure located on the property and, as such, are not permitted within the side yard and rear yard setbacks of the property. Temporary (i.e., removable) window air-conditioning units and temporary ductless air-conditioning/HVAC compressor units that do not project more than one foot beyond the existing structure are permitted when incorporated into an existing building by way of renovation. Replacement of in-kind units, without any increase in footprint size, located in the setback area prior to the adoption of this chapter are exempt from this regulation.

(6)

Signs (see § 276-17I hereinbelow and § 276-40, requirements for signs).

(7)

Public utility cabinet(s) not exceeding three feet in height, with adequate landscaping screening as necessary, and not located in sight triangle easements at street corner intersections. It is recommended that public utility cabinet(s) be located underground in watertight vaults.

(8)

Public utility lines for the transportation, distribution, or control of water, electricity, gas, oil, steam, CATV and telephone communications, and their supporting members, other than buildings or structures, shall not be required to be located on a lot, nor shall this chapter be interpreted as to prohibit the use of a property in any zone for the above uses. All public utility lines shall be located in the utility strip if paralleling the street and shall be installed underground as practical as possible.

(9)

Handicapped access to residences. A ramp to provide handicapped access to single-family detached dwellings, twin or two-family dwelling units, duplexes and semidetached dwelling units may encroach into the front, side or rear yard required for the residential use in the zoning district in which it is located, provided:

(a)

The intrusion shall be into the front yard only if it is impossible to provide handicapped access to the side or rear of the residential premises.

(b)

A handicapped person resides or will reside in the dwelling.

(c)

The intrusion into the front, side or rear yard shall not be allowed any closer than five feet to the applicable property line.

(d)

The applicant for handicapped access ramp approval shall demonstrate to the Zoning Officer that there is no other way than that proposed to construct a handicapped ramp so as not to protrude into the front, side or rear yard.

(e)

The ramp shall be constructed so as to comply with all applicable construction standards as to size, slope and other details.

(f)

The foregoing approval shall only be permitted in conjunction with residential housing defined in the Zoning Ordinance as single-family detached, twin or two-family, duplex, or semidetached. No such approval shall be granted in connection with any other type of housing, and no such approval shall be granted in any case with regard to commercially used property.

(g)

A certification from the Zoning Officer shall be required indicating compliance with all the aforesaid requirements before a construction permit may be issued for the proposed ramp.

(10)

Satellite dish antennas. All satellite dish antennas shall be no larger than four feet in diameter, located on the principal structure or as an accessory structure meeting accessory structure yard requirements stated below and located in the rear yard. For all practical purposes, satellite dish antennas shall not be seen from the front facade of the building or the street right-of-way. Dwelling units shall have access to a master television antenna system, and individual units may not erect individual external television antennas and/or satellite dish antennas.

(11)

Home occupations (see § 276-7 for definitions and requirements).

(12)

Solar energy systems (see Article XII).

D.

Maximum building height: 36 feet in height from the base flood elevation (BFE) or three stories, whichever is less.

(1)

The following structures may be erected above the heights prescribed by this chapter, but in no case shall the height of any of these appurtenances exceed a height equal to 10% more than the maximum height permitted for the particular use in the zoning district:

(a)

Decks; however, in no case shall a deck be permitted to be constructed higher than the floor of the existing top floor of a structure.

[Amended 6-8-2022 by Ord. No. 1880]

(b)

Skylights, spires, cupolas, flagpoles, chimneys or similar structures; safety enclosures of rooftop areas of hotels and motels used for sundecks and other recreational purposes.

(2)

Cellular telephone antennas and/or associated equipment are expressly excluded from this provision.

E.

Area and distance requirements.

Category		Requirement
Principal buildings, minimum
	Lot area^{1, 2}	40,000 square feet
	Residential density (dwelling units per gross acre of land³)	30
	Lot frontage	200 feet
	Lot width	200 feet
	Lot depth	200 feet
	Side yard (each)⁴	5 1/2 feet
	Front yard	10 feet
	Rear yard	30 feet
Maximum building coverage		70%
Accessory building, minimum
	Distance to side line	4 feet
	Distance to rear line	4 feet
	Distance to other building	4 feet
Maximum impervious area		80%
Minimum separation between buildings
	Front of building on public street	10 feet
	Front of building on private street	10 feet
	Side of buildings	15 feet
	Rear of building	25 feet
Total minimum separation between buildings		The sum of 2 abutting distances
Maximum building height		35 feet

NOTES:
¹	All portions of the tract not utilized by buildings or paved surfaces shall be landscaped, utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage, and the planting of conifers and/or deciduous trees native to the area, in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas.
²	No building or addition constructed thereon shall be constructed under this subsection on a lot less than 30 feet wide without variance relief.
³	Excluding any land covered with water.
⁴	The corner of a building offset more than 20° from a line drawn parallel to another building shall be considered a "side" of the building.

F.

Special design standards applicable to the GA Zoning District. The following building design standards and treatment are the minimum required in the GA Zoning District. Such standards shall apply to all development in this zoning district. While specific themeing for development in the GA Zoning District is not recommended, designers are strongly encouraged to recognize the historic setting of North Wildwood as a seashore resort when designing the proposed development. It is required that the following regulations shall be treated as design elements for each new development subject to "c" variance relief or conditional use standards subject to "d" variance relief should requirements not be met.

(1)

Each building and complex of buildings shall be designed and architecturally treated to provide attractiveness to the development as a whole, the individual buildings and units therein and to complement, where appropriate, adjacent land uses. Variations in design and treatment in the form of the orientation of buildings to the natural features of the site, their relationship to other buildings both on and adjacent to the site, and from such features as varied unit widths, differentiation of exterior materials, changing rooflines and roof designs, variation in building and unit height, changing of window types, shutters, doors, porches and exterior colors, is required. To facilitate such design and treatment:

(a)

Exterior building architecture shall coordinate form, materials, color and detailing to achieve design harmony and continuity for all building elevations, both within a single structure and between separate structures, as well as between the development and the surrounding neighborhood.

(b)

While the level of finish for secondary (side and rear) facades need not be as detailed as the front (primary) elevation, large expanses of uninterrupted wall space are prohibited. The use of regularly spaced windows, building articulation and/or architectural adornments is required to maximize building aesthetics.

(c)

Colors shall be neutral, earth-tone or traditional palates in order to provide a visual harmony with the surrounding environment. More-vibrant colors may be used for accent purposes.

(d)

While buildings may functionally have entrances on the interior of the development, all buildings that front a public street right-of-way shall be designed to give the appearance that their primary (front) elevation faces such right-of-way.

(e)

Except where used for architectural accent or ornamental purposes, the use of exterior insulation finish systems (EIFS), smooth-faced concrete block (CMU), stucco or stucco-like products (Dryvit or similar) and barnboard (T-111) is prohibited.

(f)

The incorporation of traditional covered front porches and balconies that maximize waterfront views is encouraged. Such elements should be sufficiently sized to accommodate comfortable outdoor seating.

(g)

Except where used for architectural accent or ornamental purposes, the use of prefabricated steel panels and standing-seam metal roofs is prohibited.

(h)

While buildings may be constructed on pilings, exterior foundation walls shall surround all buildings from grade to the start of the siding material.

(i)

Foundation walls, whether structural or not, shall be treated with latticework, brickwork, stucco or organic or manufactured stone to a height of two feet from finished grade. Above two feet, foundations shall be finished with the same materials and in the same architectural fashion as the balance of the subject elevation.

G.

Minimum off-street parking. Each individual use shall provide parking spaces according to the following minimum provisions:

(1)

Garden apartment units shall provide parking spaces in accordance with the standards established by the New Jersey Residential Site Improvement Standards (RSIS) (N.J.S.A. 5:21-1 et seq.). RSIS standards include parking requirements for residential uses based on unit (bedroom) size. If the applicant does not specify the number of bedrooms per dwelling unit, then each dwelling unit shall be subject to the RSIS parking space requirements for a four-bedroom dwelling unit. Each one-car garage space and the driveway leading to the garage space shall together be considered one parking space, provided that the driveway is dimensioned to park a car off-street in accordance with the definition of "parking space" in § 276-7 of this chapter.

(2)

See § 276-35 for additional standards.

H.

Trash, garbage and recycling pickup stations.

(1)

Adequate trash, garbage and recycling pickup stations shall be provided within a totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses by a fence, wall, planting or combination of the three. At least one recycling area shall be provided within the development. Recycling, trash and garbage loading and unloading areas shall take place on site but not in the public/street right-of-way.

(2)

There shall be included in any new development an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the City Recycling Coordinator and shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13).

(3)

The recycling area shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.

(4)

The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area and the bins or containers placed therein against theft of recyclable materials, bins or containers.

(5)

The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.

(6)

Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

(7)

Landscaping and/or fencing, at least six feet in height, shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.

I.

Permitted signs.

(1)

Each garden apartment development may have one sign along each public street which the tract in question abuts, provided there exists at least 250 feet of unbroken frontage. Such signs shall not exceed 10 feet in height, shall be set back from the street rights-of-way, shall not encroach into any sight triangle easement and shall be set back from driveways at least 10 feet, shall be set back from any property line a minimum of 50 feet, shall not exceed an area of 25 square feet, and shall be used only to display the development's name.

(2)

Individual garden apartment dwelling units: only information and direction signs as defined in § 276-40A(5) (requirements for signs).

(3)

See § 276-40 (requirements for signs) for additional standards.

J.

Open space requirements. Land area equal to a minimum of 10% of the tract of land proposed for residential development shall not be covered with buildings or streets and shall be set aside for landscape purposes.

A.

Principal permitted uses on the land and in buildings:

(1)

Option I, detached single-family home construction:

(a)

Detached single-family homes.

(b)

Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, and all other entities which may in the future be set forth in N.J.S.A. 40:55D-66.1 and N.J.S.A. 40:55D-66.2; and the requirements for all of those residences shall be the same as for single-family residences within this zone.

(c)

Public playgrounds, public conservation areas, public parks, public open space and public purpose uses.

(2)

Option II. In the alternative to the construction of detached single-family homes, a developer may develop the entire RR-1 Zone with mid-rise apartments, positioning the building location to take full advantage of the view of the bay and Hereford Inlet.

(a)

Mid-rise apartment buildings.

(b)

Community residences for the developmentally disabled and community shelters for victims of domestic violence, subject to standards and requirements for single-family dwelling units located within the same district; however, where such residence or shelter houses more than six persons, excluding resident staff, such use shall be deemed a conditional use under N.J.S.A. 40:55D-67 and subject to the standards in § 276-46.

(c)

Public playgrounds, public conservation areas, public parks, public open space and public purpose uses.

(3)

Public utilities' central substations (see § 276-7 for definition), subject to the following:

(a)

The proposed installation in a specific location must be necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located.

(b)

The design of any structure in connection with such facility must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding area.

(c)

Adequate fencing and other safety devices shall be provided and shall be installed in accordance with the applicable requirements of the New Jersey Board of Public Utilities and/or other applicable codes.

(d)

Site landscaping shall be provided in sufficient quantity and placement in order to create a visual buffer from all public rights-of-way or adjacent properties.

(e)

Off-street parking shall be provided as determined by the needs of the facility.

(4)

Wireless antennas, provided that new antennas utilize co-location or are installed on existing structures.

B.

Accessory structures and uses permitted:

(1)

Option I: detached single-family home construction:

(a)

Private residential swimming pools (see § 276-42, Swimming pools, for standards) and other usual recreational facilities, on the same lot/parcel, customarily associated with residential dwelling units.

(b)

Private residential sheds for the storage of objects by the residents of the property, on the same lot/parcel, each not exceeding 15 feet in height from grade/ground elevation, and altogether not exceeding 150 square feet in gross floor area. All residential sheds must be anchored in accordance with § 276-51B(6)(a) to prevent flotation, collapse, or lateral movement of the structure. Private residential sheds may not encroach into the front yard required for the residential use in the zoning district in which they are located.

(c)

Public utility cabinet(s) not exceeding three feet in height, with adequate landscaping screening as necessary, and not located in sight triangle easements at street corner intersections. It is recommended that public utility cabinet(s) be located underground in watertight vaults.

(d)

Public utility lines for the transportation, distribution, or control of water, electricity, gas, oil, steam, CATV and telephone communications, and their supporting members, other than buildings or structures, shall not be required to be located on a lot, nor shall this chapter be interpreted as to prohibit the use of a property in any zone for the above uses. All public utility lines shall be located in the utility strip if paralleling the street and shall be installed underground as practical as possible.

(e)

Off-street parking and private garages (see § 276-35, Off-street parking, loading areas and driveways). Detached garages to the principal structure shall require the front of the garage, on the same lot/parcel, to be set back a minimum of 20 feet from the front facade of the principal structure, not exceeding 15 feet in height, and altogether not exceeding 400 square feet in gross floor area.

(f)

Handicapped access to residences. A ramp to provide handicapped access to single-family detached dwellings, twin or two-family dwelling units, duplexes and semidetached dwelling units may encroach into the front, side or rear yard required for the residential use in the zoning district in which it is located, provided:

[1]

The intrusion shall be into the front yard only if it is impossible to provide handicapped access to the side or rear of the residential premises.

[2]

A handicapped person resides or will reside in the dwelling.

[3]

The intrusion into the front, side or rear yard shall not be allowed any closer than five feet to the applicable property line.

[4]

The applicant for handicapped access ramp approval shall demonstrate to the Zoning Officer that there is no other way than that proposed to construct a handicapped ramp so as not to protrude into the front, side or rear yard.

[5]

The ramp shall be constructed so as to comply with all applicable construction standards as to size, slope and other details.

[6]

The foregoing approval shall only be permitted in conjunction with residential housing defined in the Zoning Ordinance as single-family detached, twin or two-family, duplex, or semidetached. No such approval shall be granted in connection with any other type of housing, and no such approval shall be granted in any case with regard to commercially used property.

[7]

A certification from the Zoning Officer shall be required indicating compliance with all the aforesaid requirements before a construction permit may be issued for the proposed ramp.

(g)

Centralized refuse and recycling areas, as referenced in § 276-18G hereinbelow. Adequate trash and garbage pickup stations shall be provided within a totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses by a fence, wall, planting or combination of all three. At least one recycling area shall be provided in accordance with the provisions of § 276-48H. Recycling, trash and garbage loading and unloading areas shall take place on site but not in the public/street right-of-way.

(h)

Fences and walls (see § 276-30, Fences, walls and sight triangles).

(i)

Home occupations (see § 276-7 for definition and requirements).

(j)

Signs (see § 276-40, requirements for signs).

(k)

Satellite dish antennas. All satellite dish antennas shall be no larger than four feet in diameter, located on the principal structure or as an accessory structure meeting accessory structure yard requirements stated below and located in the rear yard. For all practical purposes, satellite dish antennas shall not be seen from the front facade of the building or the street.

(l)

Solar energy systems (see Article XII).

(2)

Option II development:

(a)

Usual noncommercial recreational facilities.

(b)

Boats on trailers, motor homes and campers, to be parked or stored only for 30 days or more, and shall be located in a designated storage lot only as part of and on-site of the development. Should the proposed development consist of a number of development stages, the Planning Board may require that acreage proportionate in size to the remote storage lot and/or development stage being considered for final approval be set aside simultaneously with the granting of final approval for that particular stage, even though these lands may be located in a different section of the overall development. If parked or stored in a storage lot, such trailers/campers shall not be located forward of the front facade of the structure. The dimensions of boats on trailers, motor homes and campers shall not be counted in determining total building coverage, and they shall not be used for temporary or permanent living quarters for five days or more while situated on the lot.

(c)

Public utility cabinet(s) not exceeding three feet in height, with adequate landscaping screening as necessary, and not located in sight triangle easements at street corner intersections. It is recommended that public utility cabinet(s) be located underground in watertight vaults.

(d)

Public utility lines for the transportation, distribution, or control of water, electricity, gas, oil, steam, CATV and telephone communications, and their supporting members, other than buildings or structures, shall not be required to be located on a lot, nor shall this chapter be interpreted as to prohibit the use of a property in any zone for the above uses. All public utility lines shall be located in the utility strip if paralleling the street and shall be installed underground as practical as possible.

(e)

Off-street parking and private garages (see § 276-35, Off-street parking, loading areas and driveways). Detached or separate garages to the principal structure shall require the front of the garage to be set back a minimum of 20 feet from the front facade of the principal structure, on the same lot/parcel. Should the proposed development consist of a number of off-street parking areas, detached garages and/or development stages, the Planning Board may require that acreage proportionate in size to the stage being considered for final approval be set aside simultaneously with the granting of final approval for that particular stage, even though these lands may be located in a different section of the overall development.

(f)

Refuse and recycling areas. Adequate trash and garbage pickup stations shall be provided within a totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses by a fence, wall, planting or combination of all three. At least one recycling area shall be provided in accordance with the provisions of § 276-48. Recycling, trash and garbage loading and unloading areas shall take place on site but not in the public/street right-of-way. See § 276-44 for additional standards.

(g)

Fences and walls (see § 276-30, Fences, walls and sight triangles).

(h)

Private residential sheds for the storage of objects by the residents of the property, each not exceeding 15 feet in height from grade/ground elevation, and altogether not exceeding 150 square feet in gross floor area. All residential sheds must be anchored in accordance with § 276-51B(6)(a) to prevent flotation, collapse, or lateral movement of the structure. Private residential sheds may not encroach into the front yard required for the residential use in the zoning district in which it is located.

(i)

Signs (see § 276-40, Requirements for signs).

(j)

Satellite dish antennas. All satellite dish antennas shall be no larger than four feet in diameter, located on the principal structure or as an accessory structure meeting accessory structure yard requirements stated below and located in the rear yard. For all practical purposes, satellite dish antennas shall not be seen from the front facade of the building or the street.

(k)

Solar energy systems (see Article XII).

C.

Maximum building height.

(1)

Option I, detached single-family home construction; maximum building height. No building height shall exceed 36 feet in height from the base flood elevation (BFE) or three stories, whichever is less, except as follows:

(a)

Height limits.

[1]

The following structures may be erected above the heights prescribed by this section, but in no case shall the height of any of these appurtenances exceed a height equal to 10% more than the maximum height permitted for the particular use in this zoning district:

[a]

Decks; however, in no case shall a deck be permitted to be constructed higher than the floor of the existing top floor of a structure.

[Amended 6-8-2022 by Ord. No. 1880]

[b]

Skylights, spires, cupolas, flagpoles, chimneys or similar structures.

[c]

Safety enclosures of rooftop areas used for sundecks and other recreational purposes.

[2]

Cellular telephone antennas and/or associated equipment are expressly excluded from this provision.

(2)

Option II. No building height shall exceed 65 feet in height from the base flood elevation (BFE) or six stories, whichever is less, except as follows:

(a)

Height limits.

[1]

The following structures may be erected above the heights prescribed by this chapter, but in no case shall the height of any of these appurtenances exceed a height equal to 10% more than the maximum height permitted for the particular use in this zoning district:

[a]

Decks; however, in no case shall a deck be permitted to be constructed higher than the floor of the existing top floor of a structure.

[Amended 6-8-2022 by Ord. No. 1880]

[b]

Skylights, spires, cupolas, flagpoles, chimneys or similar structures.

[c]

Safety enclosures of rooftop areas used for sundecks and other recreational purposes.

[2]

Cellular telephone antennas and/or associated equipment are expressly excluded from this provision.

D.

Area and yard requirements.

		Requirement
Category		Option I	Option II
Principal building, minimum
	Lot area	7,500 square feet	19.445 acres
	Lot frontage	75 feet	N/A
	Lot width	75 feet	N/A
Maximum number of buildings		N/A	4
Maximum number of units		N/A	96
Minimum apartment size (including balconies and common interior areas)		N/A	1,800 square feet
Lot depth		100 feet	N/A
Side yard (each)^1,2		10 feet	Minimum distance from property line to building: 50 feet
Front yard^1,2,3		20 feet	Minimum distance from property line to building: 50 feet
Rear yard^1,2		15 feet	Minimum distance from property line to building: 50 feet
Maximum building coverage of principal buildings		60%	20%
Maximum impervious lot coverage (all buildings and impermeable surfaces)		80%	60%
Accessory building, minimum
	Distance to side line	4 feet	N/A
	Distance to rear line	4 feet	N/A
	Distance to other building	8 feet	N/A

NOTES:
¹	Existing stairs and porches may be replaced with identical stairs and porches regardless of the setback requirements of the district in which the subject property is located. For new construction/reconstruction of open porches, stairs and/or steps, they must meet applicable zoning requirements and shall require a zoning and/or construction permit as applicable, in order to permit construction in this regard.
²	Eaves, cornices or overhangs more than 10 feet above lot grade may project into yard setback areas a maximum of 12 inches. In order to create an aesthetically pleasing building facade along the side of a building which fronts a street, bay windows or other architectural detailing more than 10 feet above lot grade may extend into the front yard setback a maximum of 12 inches.
³	For renovations and/or additions to existing structures only, open porches, stairs and/or steps providing access to the first floor only shall be permitted to extend an additional three feet into the required front yard setback distance but must be set back a distance of four feet from all street and property lines. For new construction/reconstruction of open porches, stairs and/or steps, they must meet applicable zoning requirements and shall require a zoning and/or construction permit, as applicable, in order to permit construction in this regard.

E.

Minimum off-street parking. Each individual use shall provide parking spaces according to the following minimum provisions:

(1)

Option I, detached single-family home construction:

(a)

Detached single-family dwelling units shall provide parking spaces in accordance with the standards established by the New Jersey Residential Site Improvement Standards (RSIS) (N.J.S.A. 5:21-1 et seq.). RSIS standards include parking requirements for residential uses based on unit (bedroom) size. If the applicant does not specify the number of bedrooms per dwelling unit, then each dwelling unit shall be subject to the RSIS parking space requirements for a four-bedroom dwelling unit.

(b)

Detached single-family dwelling units are permissible to have stacked parking, where motor vehicles are parked one in front of the other and require, when fully utilized, the moving of one vehicle to allow the removal of another, is prohibited, except in the instance of residential units where two spaces are provided for a particular dwelling unit. Stacked parking is not permitted within an enclosed garage where vehicles must exit the site by backing out into the street. A car may be stacked in front of the garage if there is a minimum of 20 feet from the garage to the property line.

(c)

See § 276-35 (Off-street parking, loading areas and driveways) for additional standards.

(2)

Option II. Minimum parking: 2.5 spaces per unit. See § 276-35 (Off-street parking, loading areas and driveways) for additional standards.

F.

Signs.

(1)

Option I, detached single-family home construction:

(a)

Residential dwelling units: only information and direction signs as defined in § 276-40A(5) (requirements for signs).

(b)

See § 276-40 (requirements for signs) for additional standards.

(2)

Option II:

(a)

The development may have one sign along each public street which the tract abuts. Such signs shall not exceed 10 feet in height, shall be set back from the street right-of-way and driveways at least 10 feet, shall be set back from any property line a minimum of 50 feet, shall not exceed an area of 25 square feet and shall be used to display the development's name.

(b)

See § 276-40 for additional standards.

G.

Additional requirements for Option II development.

(1)

All portions of the tract not utilized by buildings or paved surfaces shall be landscaped, utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage, and the planting of conifers and/or deciduous trees native to the area, in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas.

(2)

Adequate trash and garbage pickup stations shall be provided within a totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses by a fence, wall, planting or combination of all three. At least one recycling area shall be provided. Recycling, trash and garbage loading and unloading areas shall take place on site but not in the public/street right-of-way.

(a)

There shall be included in any new development an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the City Recycling Coordinator and shall be consistent with the District Recycling Plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13).

(b)

The recycling area shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.

(c)

The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area and the bins or containers placed therein against theft of recyclable materials, bins or containers.

(d)

The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard and which are located in an outdoor recycling area shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.

(e)

Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

(f)

Landscaping and/or fencing, at least six feet in height, shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.

(g)

Recycling, trash and garbage loading and unloading areas shall be marked with yellow cross-striping pavement markings and marked with signage as "No Parking or Standing Zones" if adjacent to automobile traffic or parking areas.

A.

Purpose statement.

(1)

At the time the regulations for the Planned Commercial Development Zoning District were instituted, the land uses in this section of the City included a former waterfront bar/restaurant in need of renovation, a condominium complex under construction and vacant land. It was assumed that former PCD regulations would serve as a catalyst for the commercial redevelopment of this section of the City. At the time of the planning for the Master Plan, the Pointe at Moore's Inlet condominium project had been completed on the former site of the bar/restaurant, but construction on the referenced condominium complex had been abandoned. Therefore, there is no need for the Planned Commercial Development Zoning District. The RR-2 Zoning District was part of the former PCD Zoning District, and the RR-2 Zoning District regulations set forth herein reflect current development within the RR-2 Zoning District, with the intent that future development within the RR-2 Zoning District be consistent with and complementary to current development.

(2)

The zone boundary lines for the RR-2 Zoning District are to be modified to reflect current parcel geometry.

B.

Principal permitted uses on the land and in buildings:

(1)

Apartments (see § 276-48 for additional standards).

(2)

Nonresidential uses, limited to those hereinbelow:

(a)

Regionally oriented service activities, defined as uses designed to provide for the needs of the citizens and visitors to the Wildwoods. Examples include: hair and nail salons, barber- and beauty shops; day spas and similar personal services; tailor and shoe repair shops; retail dry cleaners (no commercial cleaning on premises); general appliance repair; upholstery/furniture repair; and like and similar activities.

(b)

Professional, legal, tax, real estate, administrative, contracting, construction, property management and consulting services offices, including medical and dental complexes; additionally, administrative offices and related facilities as may be necessary and convenient to the provision of municipal, county, state or federal governmental services.

(c)

Specialized entertainment venues, such as theaters, arenas, performing arts centers, movie theaters, amphitheaters, aquariums, museums (cultural or popular) and other like and similar attractions.

(d)

Eating and drinking establishments, including restaurants, defined as nonalcoholic-beverage-served restaurants with sit-down table service, drive-in restaurants, fast-food restaurants and specialty food outlets; including those with drive-up window service for take-out fare.

(e)

Commercial parking facilities owned and/or operated by the City of North Wildwood (see § 276-35 for standards).

(f)

Regionally oriented commercial activities, defined as uses designed to provide for the needs of the citizens and visitors to the Wildwoods. Examples include: pharmacies (with drive-through); convenience stores without fuel-dispensing facilities; general retail, dry-goods, stores; package liquor stores (with drive-through); sporting goods stores, including bicycle sale, rental and repair; pet stores; toy stores and bookstores; financial institutions with drive-through facilities, such as banks and loan offices; video rental and sales (with drive-through); and like and similar activities.

C.

Accessory uses permitted:

(1)

Garages and storage buildings.

(2)

Off-street parking (see § 276-35).

(3)

Fences and walls (see § 276-30).

(4)

Signs (see § 276-40).

(5)

Temporary construction trailers and one sign not exceeding 50 square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction, beginning with the issuance of a construction permit and concluding with a certificate of occupancy or one year, whichever is less, provided said trailer(s) and sign are on the site where construction is taking place and are set back at least 10 feet from all street and lot lines.

(6)

Satellite dish antennas. All satellite dish antennas shall be no larger than four feet in diameter, located on the principal structure or as an accessory structure meeting accessory structure yard requirements stated below and located in the rear yard. For all practical purposes, satellite dish antennas shall not be seen from the front facade of the building or the street right-of-way.

(7)

Public utility cabinet(s) not exceeding three feet in height, with adequate landscaping screening as necessary, and not located in sight triangle easements at street corner intersections. It is recommended that public utility cabinet(s) be located underground in watertight vaults. Suggested plant species are referenced in Appendix A.[1]

[1]

Editor's Note: Appendix A is on file in the City offices.

(8)

Christmas tree sale. The annual sale of Christmas trees is permitted between December 1 and December 25, inclusive.

(9)

Public election voting places. The provisions of this chapter shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

(10)

Outdoor dining areas with tables on the sidewalk in front of or on the side of a non-automobile-oriented restaurant's premises. Outdoor dining areas shall take place on site but not be located in the public sidewalk and/or public street right-of-way for food markets and specialty food outlets, excluding those with window-service for take-out fare. Examples include: delicatessens; bakeries; candy stores; ice cream stores; meat and/or seafood markets or take-out restaurants; food markets; non-automobile-oriented restaurants, defined as nonalcoholic-beverage-served restaurants with sit-down table service which exclude drive-in facilities and/or fast-food restaurants. Outside tables and seats may be situated outside of the building on the parcel/lot but not in the public street right-of-way. No operation of a business in the RR-2 Zoning District shall be located in such a way that less than five feet of paved sidewalk remains for the exclusive use of the traveled way for pedestrians, nor shall any such operation of the business or outside tables and seats project or protrude into, on or above the required five-foot-wide pedestrian passageway.

(a)

The hours of operation of outdoor dining areas shall be limited to the hours of operation of the associated restaurant. In no event shall the hours of operation go past 3:00 a.m.

(b)

Outdoor dining is separate from a sidewalk cafe, as it is defined as any part of a food establishment located outdoors.

(c)

Adequate lighting shall be provided to promote safe passage of pedestrians and for patrons.

(d)

Awnings and/or umbrellas may be used in conjunction with the outdoor dining areas. Awnings shall be adequately secured. Awnings, including supporting structures, must be within the property line. The bottom of the awning shall be seven feet from the ground.

(11)

Solar energy systems (see Article XII).

D.

Maximum building height.

(1)

No building shall exceed 55 feet in height from the base flood elevation (BFE) or five stories, whichever is less, except as provided in § 276-47 of this chapter. The following structures may be erected above the heights prescribed by this chapter, but in no case shall the height of any of these appurtenances exceed a height equal to 10% more than the maximum height permitted for the particular use in the zoning district:

(a)

Decks; however, in no case shall a deck be permitted to be constructed higher than the floor of the existing top floor of a structure.

[Amended 6-8-2022 by Ord. No. 1880]

(b)

Skylights, spires, cupolas, flagpoles, chimneys or similar structures.

(c)

Safety enclosures of rooftop areas of hotels and motels used for sundecks and other recreational purposes.

(2)

Cellular telephone antennas and/or associated equipment are expressly excluded from this provision.

E.

Area and yard requirements.

Category		Requirement
Principal building, minimum
	Lot area	5,000 square feet
	Lot frontage	50 feet
	Lot width	50 feet
	Lot depth	100 feet
	Residential density (apartments)	1 dwelling unit per 1,250 square feet of lot area
Setbacks, minimum
	Side yard (each)	10 feet
	Front yard	10 feet
	Rear yard	15 feet
Maximum building coverage of principal buildings		60%
Accessory building, minimum
	Distance to side line	4 feet
	Distance to rear line	4 feet
	Distance to other building	4 feet
Maximum lot (impervious) coverage		80%

NOTES: The number of apartments permitted is equal to one dwelling unit per 1,250 square feet of lot area. Commercial uses shall be limited to the first floor only.

F.

General requirements.

(1)

Merchandise, products, equipment or similar materials or objects can be displayed or stored outside so long as the merchandise, products, equipment or similar materials or objects shall be located/installed in such a manner that they do not interfere with or are not located in the sidewalk area to prevent free travel of pedestrians. No operation of a business in the RR-2 Zoning District shall be located in such a way that less than five feet of paved sidewalk remains for the exclusive use of the traveled way for pedestrians, nor shall any such operation of the business or outside tables and seats project or protrude into, on or above the required five-foot-wide pedestrian passageway.

(2)

All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeded or similar plantings and maintained in good condition. Landscaping shall be provided in the front yard area and shall be reasonably distributed throughout the entire front yard area. Suggested plant species are referenced in Appendix A.[2]

[2]

Editor's Note: Appendix A is on file in the City offices.

(3)

Any principal building may contain more than one use and/or organization, provided that the total building coverage of the combined activities does not exceed the maximum building coverage herein specified, and, further, that each activity occupies a minimum gross floor area of 500 square feet.

(4)

All buildings shall be compatibly designed and shall blend with the overall architectural scheme of the development, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes.

(5)

Bicycle racks shall be located on the business site, with a minimum capacity of seven bicycles. No locking mechanisms need to be provided. The racks shall be located/installed in such a manner that they do not interfere with or are not located in the public/street right-of-way and/or sidewalk area.

(6)

Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front yard of any principal structure and/or lot. Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front 50% of a side yard setback; and as to any such equipment that is located in a side yard setback, it shall be screened so as to not be visible from any street or adjoining property when viewed from ground level. Temporary (i.e., removable) window air-conditioning units and temporary ductless air-conditioning/HVAC compressor units that do not project more than one foot beyond the existing structure are permitted when incorporated into an existing building by way of renovation. Replacement of in-kind units, without any increase in footprint size, located in the setback area prior to the adoption of this section are exempt from this regulation.

G.

Minimum off-street parking.

(1)

Apartments shall provide parking spaces in accordance with the standards established by the New Jersey Residential Site Improvement Standards (RSIS) (N.J.S.A. 5:21-1 et seq.). RSIS standards include parking requirements for residential uses based on unit (bedroom) size. If the applicant/developer does not specify the number of bedrooms per dwelling unit, then each dwelling unit shall be subject to the RSIS parking space requirements for a four-bedroom dwelling unit.

(2)

Retail and service activities shall provide parking at the ratio of one space per 200 square feet of gross floor area.

(3)

Banks and offices shall provide parking at the ratio of one space per 200 square feet of gross floor area. Additionally, drive-in banks shall provide room for at least eight automobiles per drive-in window and/or lane for queuing purposes. No queuing of vehicles shall be allowed within the street and/or public right-of-way.

(4)

Eating and drinking establishments, including restaurants, shall provide a minimum of one parking space for every six seats. If an eating and drinking establishment, including a restaurant, is ancillary to an apartment complex having more than 40 rooms, the eating and drinking establishment, including a restaurant, shall provide parking at one space for every 10 seats in addition to the parking required for the apartments.

(5)

See § 276-35 for additional standards.

H.

Minimum off-street loading; trash and garbage locations.

(1)

The need for, location and design of off-street loading and unloading areas shall be considered and determined at the time of site plan review. Off-street loading and unloading areas shall take place on site but not in the public street right-of-way.

(2)

The need for, location and design of trash and garbage locations shall be considered and determined at the time of site plan review. Recycling, trash and garbage loading and unloading areas shall take place on site but not in the public/street right-of-way.

(3)

Each use must include provisions for the collection, disposition and recycling of recyclable materials, including newspapers, leaves, white high-grade paper, glass bottles and jars, aluminum, corrugated cardboard, and tin and bimetal cans. The amount of recyclable material generated weekly by each use shall be quantified and reviewed during site plan review to determine whether the storage area to contain a week's accumulation of recyclable material is adequate in size and location. The storage area shall be designed for truck access for pickup of materials and be suitably screened from view if located outside a building.

(4)

Recycling, trash and garbage loading and unloading areas shall be marked with yellow cross-striping pavement markings and marked with signage as "No Parking or Standing Zones" if adjacent to automobile traffic or parking areas.

I.

Permitted signs.

(1)

Apartments shall be permitted signing as specifically approved by the Board based upon the specific needs of the proposed development.

(2)

Each commercial area may have one freestanding sign along each road which the tract in question abuts, provided there exists at least 200 feet of unbroken frontage. Such sign shall not exceed a height of 25 feet, shall be set back from the street rights-of-way and driveways at least 50 feet, shall be set back from any property line a minimum of 100 feet, shall not exceed an area of 150 square feet, and shall be used only to display the commercial area name and/or individual store/use name.

(3)

Signage for commercial area and/or individual store/use name(s) shall be consolidated to one location wherever possible.

(a)

Where uses share a common walkway, each use served by the walkway may have one additional sign, which shall be either attached flat against the building or be suspended in perpendicular fashion from the roof over the common walkway. Suspended signs shall be no closer than eight feet at their lowest point to the finished grade level below them. No such sign shall exceed 10 square feet in area.

(4)

All signs in a commercial area shall conform in character with all other signs in the complex and shall blend with the overall architectural scheme of the commercial area.

(5)

See § 276-40 for additional standards.

A.

Principal permitted uses on the land and in buildings:

(1)

Apartments (see § 276-48 for additional standards).

(2)

Townhouses (see § 276-48 for additional standards).

(3)

Public playgrounds, public conservation areas, public parks, public open space and public purpose uses.

(4)

Senior citizen housing as conditional uses under N.J.S.A. 40:55D-67 (see § 276-46 for standards).

B.

Accessory uses permitted:

(1)

Usual noncommercial recreational facilities.

(2)

Off-street parking and private garages (see Subsection F below and § 276-35).

(3)

Fences and walls (see § 276-30).

(4)

Private residential sheds for the storage of objects by the residents of the property, each not exceeding 15 feet in height from grade/ground elevation, and altogether not exceeding 150 square feet in gross floor area. All residential sheds must be anchored in accordance with § 276-51B(6)(a) to prevent flotation, collapse, or lateral movement of the structure. Private residential sheds may not encroach into the front yard required for the residential use in the zoning district in which they are located.

(5)

Signs (see Subsection H below and § 276-40).

(6)

Satellite dish antennas. All satellite dish antennas shall be no larger than four feet in diameter, located on the principal structure or as an accessory structure meeting accessory structure yard requirements stated below and located in the rear yard. For all practical purposes, satellite dish antennas shall not be seen from the front facade of the building or the street.

C.

Maximum building height.

(1)

No building height shall exceed 36 feet in height from the base flood elevation (BFE) or three stories, whichever is less, except that churches and schools shall not exceed 55 feet and except further as allowed in § 276-47 of this chapter. The following structures may be erected above the heights prescribed by this section, but in no case shall the height of any of these appurtenances exceed a height equal to 10% more than the maximum height permitted for the particular use at issue:

(a)

Decks; however, in no case shall a deck be permitted to be constructed higher than the floor of the existing top floor of a structure.

[Amended 6-8-2022 by Ord. No. 1880]

(b)

Skylights, spires, cupolas, flagpoles, chimneys or similar structures.

(c)

Safety enclosures of rooftop areas of hotels and motels used for sundecks and other recreational purposes.

(2)

Cellular telephone antennas and/or associated equipment are expressly excluded from this provision.

D.

Maximum number of dwelling units permitted. The maximum number of dwelling units permitted within the TH Townhouse Residential District shall be computed on the basis of 30 dwelling units per gross acre of land, excluding any land covered with water.

E.

Area and distance requirements.

(1)

The minimum tract size shall be one acre. A minimum of 200 feet of frontage on one street shall be required. Lot depth shall be a minimum of 200 feet.

(2)

Minimum distances between townhouses and apartment buildings shall be measured horizontally in feet and shall be measured away from the front, side and rear of each building. The minimum distances shall be 10 feet for the front of a building on either a public or private street; 5 1/2 feet for the side of a building; and 30 feet for the rear of a building. No portion of any building shall be closer to any portion of any other building than the combined distances of the abutting requirements for each building, provided that the corner of a building offset more than a 20° angle from a line drawn parallel to another building shall be considered a side of the building. In addition, no building shall be located closer than 10 feet from the right-of-way line of any public or private street, and no minimum distance is required between a building and any parking area.

(3)

Fee-simple lots shall meet the requirements specified in § 276-50 of this chapter.

(4)

All portions of the tract not utilized by buildings or paved surfaces shall be landscaped, utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage, and the planting of conifers and/or deciduous trees native to the area, in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas.

F.

Minimum off-street parking. Each individual use shall provide parking spaces according to the following minimum provisions:

(1)

Townhouses and apartments shall provide 1 1/2 spaces for each dwelling unit consisting of one bedroom or less and two spaces for each dwelling unit consisting of more than one bedroom. Each one-car garage space and the driveway leading to the garage space shall together be considered one parking space, provided that the driveway is dimensioned to park a car off-street in accordance with the definition of "parking space" in Article II of this chapter.

(2)

See § 276-35 for additional standards.

G.

Trash and garbage pickup stations. Adequate trash and garbage pickup stations shall be provided within a totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses by a fence, wall, planting or combination of the three. At least one recycling area shall be provided in accordance with the provisions of § 276-48H.

H.

Permitted signs.

(1)

Each TH development may have one sign along each public street which the tract in question abuts, provided there exists at least 250 feet of unbroken frontage. Such signs shall not exceed 10 feet in height, shall be set back from the street rights-of-way and driveways at least 10 feet, shall be set back from any property line a minimum of 50 feet, shall not exceed an area of 25 square feet, and shall be used to display the development's name.

(2)

See § 276-40 for additional standards.

I.

Open space requirements. Land area equal to a minimum of 10% of the tract of land proposed for residential development shall not be covered with buildings or streets and shall be set aside for landscape purposes. See § 276-17J for other requirements.

A.

Purpose statement.

(1)

The intent of the City's commercial zoning districts is to provide the variety of goods and services necessary to address the needs of the City's indigenous (year-round) residential base, its seasonal vacation homeowners and its tourist population.

(2)

The purpose of the Central Business Zoning District is to provide for an appropriate mix of retail and service-oriented commercial, office and other uses, with supportive residential above, designed to strengthen and enhance the City's economic base, generate employment opportunities (including opportunities for City residents) and stimulate new tax ratables in a mixed-use community with a traditional urban fabric within the City's downtown commercial core.

B.

Principal permitted uses and structures on the land and in buildings:

(1)

General commercial activities: uses designed to provide for the routine needs of the citizens of North Wildwood. Examples include: pharmacies and drugstores (without drive-through windows); convenience stores (without fuel-dispensing facilities); general retail, dry-goods, appliance, furniture, home improvement, paint and hardware stores; bait and tackle, fishing and boating supply; financial institutions, including associated bank drive-in facilities; arts, crafts, fabric, and hobby shops; sporting goods stores, including bicycle sale, rental and repair; other rental enterprises of small portable appliances and equipment; sale of household items; pet and grooming shops; toy stores; book shops and newspaper/magazine stores; antique, boutique, fabric, rug and tile, clothing, shoe, jewelry, gift and variety shops; video rental and sales; greeting card, stationery, and florist shops; upholstery shops; and like and similar activities.

(2)

General personal/service activities: uses designed to provide for the routine needs of the citizens of North Wildwood. Examples include: hair and nail salons; barber- and beauty shops; day spas and similar personal services; tailor shops; retail dry cleaners (no commercial dry cleaning on premises); laundromats; shoe repair; small appliance repair (excluding nonportable appliance, equipment or machine services or any other type of service which requires truck, van or trailer pickup or delivery of the equipment to be serviced); and like and similar activities.

(3)

Grocery stores, food markets and specialty food outlets, excluding those with window service for take-out fare. Examples include, but are not limited to: delicatessens; bakeries; candy stores; ice cream stores; meat and/or seafood markets or take-out restaurants; food markets; non-automobile-oriented restaurants, defined as nonalcoholic-beverage-service restaurants with sit-down table service which exclude drive-in facilities and/or fast-food restaurants, provided that no other activities associated with other permitted principal uses are conducted as part of this use.

(4)

Professional, legal, tax, real estate, administrative, contracting, construction, property management and consulting services offices, including medical and dental complexes; additionally, administrative offices and related facilities as may be necessary and convenient to the provision of municipal, county, state or federal governmental services.

(5)

Fraternal, social, educational or charitable facilities.

(6)

Commercial parking facilities.

(a)

Off-street parking shall be provided as determined by the needs of the facility.

(b)

Site landscaping shall be provided in sufficient quantity and placement in order to create a visual buffer from all public rights-of-way or adjacent properties. Suggested plant species are referenced in Appendix A.[1]

[1]

Editor's Note: Appendix A is on file in the City offices.

(7)

Public utilities' central substations (see § 276-7 for definition), subject to the following:

(a)

The proposed installation in a specific location must be necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located.

(b)

The design of any structure in connection with such facility must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding area.

(c)

Adequate fencing and other safety devices shall be provided and shall be installed in accordance with the applicable requirements of the New Jersey Board of Public Utilities and/or other applicable codes.

(d)

Site landscaping shall be provided in sufficient quantity and placement in order to create a visual buffer from all public rights-of-way or adjacent properties. Suggested plant species are referenced in Appendix A.[2]

[2]

Editor's Note: Appendix A is on file in the City offices.

(e)

Off-street parking shall be provided as determined by the needs of the facility.

(8)

Contractor's warehouse and offices, including material or design showrooms.

(9)

Methadone clinic (see § 276-7 for definition); however, no methadone clinic shall be permitted in any of the drug-free zones that appear on and which are depicted on the Drug-Free Zone Map of the City of North Wildwood, which has been produced, approved and adopted pursuant to the authority contained in N.J.S.A. 2C:35-7 and 2C:35-7.1 and which is referred to in Chapter 214, Drug-Free Zones, of the Code of the City of North Wildwood.

(10)

Body art establishments (see § 276-7 for definition).

(11)

Wireless antennas, provided that new antennas utilize co-location or are installed on existing structures.

(12)

Preexisting, nonconforming single-family residential structures, provided that they do not front directly onto New Jersey Avenue, shall be permitted to be demolished and rebuilt, or a new construction built or an addition constructed on existing tax lots of record, thereon without variance relief, but are still located within the 100-foot CBD Zone along New Jersey Avenue. In this case of new construction and additions, front yard setbacks shall be a minimum of 10 feet.

[Added 8-3-2021 by Ord. No. 1844; amended 12-19-2023 by Ord. No. 1923]

C.

Accessory uses permitted:

(1)

Off-street parking [see § 276-20F(10) as referenced hereinbelow and § 276-35].

(2)

Fences and walls (see § 276-30).

(3)

Signs [see § 276-20F(11) hereinbelow and § 276-40].

(4)

Garages and storage buildings on the same lot/parcel.

(5)

Satellite dish antennas. All satellite dish antennas shall be no larger than four feet in diameter, located on the principal structure or as an accessory structure meeting accessory structure yard requirements stated below, and located in the rear yard. For all practical purposes, satellite dish antennas shall not be seen from the front facade of the building or the street.

(6)

Public utility cabinet(s) not exceeding three feet in height, with adequate landscaping screening as necessary, and not located in sight triangle easements at street corner intersections. It is recommended that public utility cabinet(s) be located underground in watertight vaults. Suggested plant species are referenced in Appendix A.[3]

[3]

Editor's Note: Appendix A is on file in the City offices.

(7)

Public utility lines. Public utility lines for the transportation and distribution and control of water, electricity, gas, oil, steam, telegraph and telephone communications, and their supporting members, other than buildings or structures, shall not be required to be located on a lot, nor shall this chapter be interpreted as to prohibit the use of a property in any zone for the above uses.

(8)

Solar energy systems (see § 276-76 through § 276-83).

(9)

Christmas tree sales. The annual sale of Christmas trees is permitted between December 1 and December 25, inclusive.

(10)

Public election voting places. The provisions of this chapter shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

(11)

Sidewalk cafe with tables on the sidewalk in front of or on the side of the non-automobile-oriented restaurant's premises. For food markets and specialty food outlets, excluding those with window service for take-out fare, sidewalk cafes shall take place on site but not be located in the public sidewalk and/or public street right-of-way. Examples include, but are not limited to: delicatessens; bakeries; candy stores; ice cream stores; meat and/or seafood markets or take-out restaurants; food markets; non-automobile-oriented restaurants, defined as nonalcoholic-beverage-service restaurants with sit-down table service which exclude drive-in facilities and/or fast-food-restaurants. Outside tables and seats may be situated outside of the building (except as referenced in the conditional uses section herein) on the parcel/lot but not in the public/street right-of-way. No operation of a business in the CBD Zoning District shall be located in such a way that less than five feet of paved sidewalk remains for use as the traveled way for pedestrians, nor shall any such operation of the business or outside tables and seats project or protrude into, on or above the required five-foot-wide pedestrian passageway.

(a)

The hours of operation of a sidewalk cafe shall be limited to the hours of operation of the associated restaurant. In no event shall the hours of operation go past 12:00 midnight.

(b)

Outdoor dining is separate from a sidewalk cafe, as it is defined as any part of a food establishment located outdoors. Outdoor dining is permitted in locations subject to the exclusive approval of the Mayor and Council. The inclusion of outdoor dining will not require any additional parking based upon the number of permitted tables and/or permitted seats.

(c)

Adequate lighting shall be provided to promote safe passage of pedestrians and for patrons.

(d)

Awnings and/or umbrellas may be used in conjunction with the sidewalk cafe. Awnings shall be adequately secured. Awnings, including supporting structures, must be within the property line. The bottom of the awning shall be seven feet from the ground.

(e)

Parklets shall be permitted in locations subject to the exclusive approval of the Mayor and Council.

(12)

Temporary construction trailers and one sign, not exceeding 50 cumulative square feet, advertising the prime contractor, subcontractor(s), architect, block and lot identifier data of the lot, financing institution and similar data for the period of construction, beginning with the issuance of a construction permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, provided said trailer(s) and sign are on the site where construction is taking place and set back at least 10 feet from all street and lot lines.

D.

Maximum building height.

(1)

No building height shall exceed 36 feet in height from the base flood elevation (BFE) or three stories, whichever is less, except as allowed in § 276-47. The following structures may be erected above the heights prescribed by this chapter, but in no case shall the height of any of these appurtenances exceed a height equal to 10% more than the maximum height permitted for the particular use in this zoning district:

(a)

Decks; however, in no case shall a deck be permitted to be constructed higher than the floor of the existing top floor of a structure.

[Amended 6-8-2022 by Ord. No. 1880]

(b)

Skylights, spires, cupolas, flagpoles, chimneys or similar structures.

(c)

Safety enclosures of rooftop areas of hotels and motels used for sundecks and other recreational purposes.

(2)

Cellular telephone antennas and/or associated equipment are expressly excluded from this subsection.

E.

Area and yard requirements.

Category		Requirement
Principal buildings, minimum
	Lot area	4,000 square feet
	Lot frontage	40 feet
	Lot width	40 feet
	Lot depth	100 feet
	Side yard (each)	6 feet
		0 feet to the nearest interior property line, provided that two or more adjoining property owners agree to build to this standard and then only if access to the rear of the building is maintained via a service alley or shared parking
	Front yard	0 feet
	Rear yard	15 feet
Maximum coverage of principal building		65%
Accessory building, minimum
	Distance to side line	4 feet
	Distance to rear line
	Distance to other building
Maximum lot (impervious) coverage		80%

F.

General requirements.

(1)

Any principal building may contain more than one permitted use and/or organization, provided that the total building coverage of the combined activities does not exceed the maximum building coverage specified for the district and, further, that any building shall have a maximum of three permitted uses within it, and that each activity occupies a minimum gross floor area of 750 square feet for individual uses.

(2)

All buildings on a single commercial site shall be compatibly designed, whether constructed all at one time or in stages over a period of time. No development in the CBD Zoning District shall be constructed unless the development is part of an approved site plan and unless the following minimum standards are met, in addition to other applicable requirements of this chapter.

(3)

Merchandise may be displayed outside of the building (except as referenced in the conditional uses section herein) if attached to the building facade and/or on the parcel/lot but not in the public/street right-of-way. No merchandise used in connection with the operation of a business in the CBD Zoning District shall be located in such a way that less than five feet of paved sidewalk remains for the exclusive use of the traveled way for pedestrians, nor shall any such merchandise project or protrude into, on or above the required five-foot-wide pedestrian passageway.

(4)

All merchandise must be removed when the business is closed for operation.

(5)

All areas not utilized for buildings, parking, loading, access aisles, driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings and maintained in good condition. Suggested plant species are referenced in Appendix A.[4] Corner lots bordering street intersections shall adhere to the sight triangle provisions stated herein at § 276-30.

[4]

Editor's Note: Appendix A is on file in the City offices.

(6)

Each nonresidential use must include provisions for the collection, disposition and recycling of recyclable materials, as designated in the Municipal Recycling Ordinance.[5] All recycling not stored within a building shall be stored within an enclosed container. All solid waste not stored within a building shall be stored within an enclosed container. The amount of recyclable and solid waste material generated weekly by each use shall be quantified and reviewed during site plan review to determine whether the storage area to contain a week's accumulation of material is adequate in size and location. The storage area shall be designed for commercial truck access for pickup of materials and be suitably screened from view if located outside a building.

[5]

Editor's Note: See Ch. 374, Art. II, Recycling.

(7)

Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front yard of any principal structure and/or lot. Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front 50% of a side yard setback; and as to any such equipment that is located in a side yard setback, it shall be screened so as to not be visible from any street or adjoining property when viewed from ground level. Temporary (i.e., removable) window air-conditioning units and temporary ductless air-conditioning/HVAC compressor units that do not project more than one foot beyond the existing structure are permitted when incorporated into an existing building by way of renovation. Replacement of in-kind units, without any increase in footprint size, located in the setback area prior to the adoption of this section are exempt from this regulation.

(8)

Bicycle racks shall be located on the business site, with a minimum capacity of seven bicycles. No locking mechanisms need to be provided. The racks shall be located/installed in such a manner that they do not interfere with or are not located in the public/street right-of-way and/or sidewalk area.

(9)

Special design standards applicable to the CBD District. An attractive streetscape contributes positively to the visual impression of a community. It is the City's intention, therefore, to ensure that development located in the CBD District on New Jersey Avenue, 17th Avenue and Spruce Avenue supports a vibrant, human-scale environment along the City's main arteries. The following standards apply to all principal buildings in the CBD Zone on New Jersey Avenue, 17th Avenue and Spruce Avenue:

(a)

All buildings located on New Jersey Avenue shall be oriented to front towards and relate to New Jersey Avenue, both functionally and visually, as opposed to the intersecting side streets. For developments which include residential flats, the required lot depth of 100 feet must be taken from New Jersey Avenue; except that for developments having one residential unit, the lot depth may be taken off the side street.

(b)

All buildings located on New Jersey Avenue shall have entrance doors set back into an opening allowing for outward egress (for Fire Code purposes) without opening the entrance door onto the sidewalk and/or in the public/street right-of-way.

(c)

Large blank walls facing New Jersey Avenue are prohibited.

(d)

All commercial space shall have primary entrances accessed directly from the sidewalk on New Jersey Avenue. Sidewalks should extend from the building facade to the curb.

(e)

First-floor facades intended for retail use must face New Jersey Avenue with large, clear storefront glass areas to display the nature of the business and produce an interesting streetscape. Storefront windows may be either typical large, single panes or multiple smaller panes (approximately two square) separated by mullions.

(f)

In a multitenant building, each shop shall have its own shop front facing New Jersey Avenue. The shop fronts may either have identical designs to reinforce the building design or varied designs to express the different businesses. A shop front should be separated from the roofline or a second floor by a horizontal architectural element such as a sash, cornice, frieze, molding, etc.

(g)

There shall be no open stairways leading to the second floor off New Jersey Avenue.

(10)

Minimum off-street parking. Each individual use shall provide parking spaces according to the following minimum provisions. Where a permitted use of land includes different specific activities with different specific parking requirements, the total number of required parking spaces shall be obtained by individually computing the parking requirements for each different activity and adding the resulting numbers together.

(a)

Permitted uses such as those uses listed in § 276-20B(1), (2), (5) and (6) shall provide parking at the ratio of one space per 400 square feet of gross floor area. Additionally, drive-in banks shall provide room for at least eight automobiles per drive-in window for queuing purposes.

(b)

Permitted uses such as those uses listed in § 276-20B(3) shall provide a minimum of one space for every six seats, but, in all cases, a sufficient number of spaces to prevent any parking along private driveways, fire lanes and aisles. Outdoor seating/dining areas intended for use during spring, summer and autumn months shall not be considered when calculating the number of parking spaces required by this subsection.

(c)

Residential uses shall provide parking in compliance with the NJRSIS.

(d)

Special parking standards applicable to the CBD District.

[1]

Credit shall be given on a 50% basis (rounded to the higher number) for on-street parking spaces towards the nonresidential component of a project's parking requirement [e.g., seven on-street spaces will get credit for four on-site spaces (seven by 50% = 3.5, and 3.5 rounded to the higher number is four)]. The on-street spaces shall be directly adjacent to the subject property, be clearly indicated on the site plan, measure eight feet by 22 feet, and not interfere with loading or delivery operations, fire lanes, bikeways, bus stops, sight triangles, pedestrian crossings or driveways.

[2]

A developer may satisfy up to two spaces of nonresidential parking deficiency by contributing to a municipal parking capital improvement fund for the design, purchase, construction and maintenance of municipal parking lots. The developer shall make a contribution of $4,000 per deficient space. Full payment is required as a condition of the issuance of the first construction permit.

(e)

See § 276-35 for additional parking standards.

(11)

Permitted signs.

(a)

Each individual use in an individual building may have one pole-mounted sign not exceeding 150 square feet in size and may have one sign attached to the building not exceeding an area equivalent to 25% of the front facade of the business to which it is attached or 150 cumulative square feet, whichever is smaller. Where an individual activity has direct access from the outside, a sign not exceeding four square feet identifying the name of the activity may also be attached to the building at the entrance to the activity, exclusive of the cumulative sign square-foot requirement.

(b)

Where individual uses share a common walkway, each use served by the walkway may have one additional sign which shall be either attached flat against the building or be suspended in perpendicular fashion from the roof over the common walkway. Suspended signs over public sidewalk areas shall be no closer than eight feet at their lowest point to the finished grade level below them and shall not project past the curbline. No such sign shall exceed 20 square feet in area.

(c)

Special signage standards applicable to the CBD District. All nonresidential signage shall be restricted to the New Jersey Avenue side of the building and to the first 30 feet on the side street, if applicable, measured from the front building wall. In this case, two building frontages, two signs are permitted.

(d)

Special signage standards applicable to the CBD District. "Open for business" window signs, if located in a storefront window, shall be excluded from the overall sign calculations as long as the sign does not exceed 10 square feet in area. Signs, typically the A-frame/sandwich-board style, ancillary to the permitted use shall be permitted on the sidewalk area, at the curb or against the building wall. The sign shall not exceed four square feet, identifying the name of the location, exclusive of the cumulative sign square-foot requirement. No operation of a business in the CBD Zoning District shall be located in such a way that less than five feet of paved sidewalk remains for the exclusive use of the traveled way for pedestrians, nor shall any such operation of the business or outside tables and seats project or protrude into, on or above the required five-foot-wide pedestrian passageway. Signs in this style shall be a maximum of eight square feet. All signs as permitted by this section must be removed when the business is closed for operation. On corner properties/street intersections, no handicapped sidewalk curbs ramps shall be blocked by said signs.

(e)

Temporary sign banners, such as "clearance," "sale," "end of year," etc., are permitted to be attached to the building facade so long as the banner is not posted for more than 10 calendar days.

(f)

All signs mounted to building facades over public sidewalk areas must be eight feet from grade elevation.

(g)

See § 276-40 for additional standards.

(12)

Minimum off-street loading; trash and garbage locations.

(a)

The need for, location and design of off-street loading and unloading areas shall be considered and determined at the time of site plan review. Off-street loading and unloading areas shall take place on site but not in the public/street right-of-way.

(b)

The need for, location and design of recycling, trash and garbage locations shall be considered and determined at the time of site plan review. Recycling, trash and garbage loading and unloading areas shall take place on site but not in the public/street right-of-way.

G.

Conditional uses permitted.

(1)

General conditional use standards. In addition to the conditional use standards detailed for each specific conditional use under § 276-20G, all conditional uses shall:

(a)

For commercial uses, abut and be oriented toward New Jersey, Spruce or 17th Avenue, as the case may be;

(b)

For commercial uses, provide site landscaping of sufficient design and in sufficient quantity and placement in order to create a visual and noise buffer from abutting residential districts and uses;

(c)

Provide access drives at a minimum of 20 feet from all lot lines, street intersections and other driveways on the same lot; and

(d)

Comply with all other requirements of the chapter in general and the CBD District in particular, except where residential regulations apply for single- and two-family residential use as outlined in Subsection G(2)(o) below.

(2)

Conditional use categories and specific use standards.

(a)

Automobile-oriented general commercial activities: uses designed to provide for the routine needs of the citizens of North Wildwood which typically require patrons to drive to the location. Due to their very nature, such uses may be anticipated to generate large volumes of traffic and thereby, absent appropriate land use controls, have the potential to negatively impact the quiet enjoyment of the adjacent residential community. Examples include: pharmacies with drive-through windows; convenience stores with fuel-dispensing facilities; package liquor stores with drive-up window service; and like and similar activities.

(b)

Drive-in restaurants, fast-food restaurants and specialty food outlets with drive-up window service for take-out fare.

(c)

Bulk standards for conditional uses in § 276-20G(2)(a) and (b):

Category			Requirement
The entire under-canopy and automobile queuing area of the drive-through element shall be considered part of the principal building. In such instances, multiple principal buildings shall be permitted. Should no canopy be proposed, the drive-through area shall be measured by the smallest projected, enclosed, four-sided, regular (right-angled, straight-edged) geometric shape necessary to encompass the service and queuing components of the drive-through.
Principal buildings, minimum
	Lot area		10,000 square feet
	Lot frontage		100 feet
	Lot width		100 feet
	Lot depth		100 feet
	Side yard setback (each)		10 feet
		Abutting a residential zone	30 feet, treated with site landscaping of sufficient design and in sufficient quantity and placement to create a visual and noise buffer from abutting residential districts and uses
	Front yard setback		0 feet
	Rear yard setback		20 feet
		Abutting a residential zone	30 feet, treated with site landscaping of sufficient design and in sufficient quantity and placement to create a visual and noise buffer from abutting residential districts and uses
Maximum coverage of principal building			60%
Accessory building, minimum
	Distance to side line		10 feet
	Distance to rear line		20 feet
	Distance to other building		10 feet
Maximum lot (impervious) coverage			80%
Maximum building height			35 feet

(d)

Additional standards for conditional uses in § 276-20G(2)(a) and (b) hereinabove:

[1]

Automobile-oriented general commercial activities and drive-in restaurants, fast-food restaurants and specialty food outlets with window service for take-out fare are permitted one freestanding (pole) sign not exceeding 150 square feet in total surface area and one building-mounted sign not exceeding the lesser of 25% of the building facade on which it is mounted or 50 square feet. The pole sign shall be set back at least five feet from the property line. See § 276-20F(11) and § 276-40 for additional standards.

[2]

Landscaping shall be provided in the front yard area and shall be reasonably distributed throughout the entire front yard area. Suggested plant species are referenced in Appendix A.[6]

[6]

Editor's Note: Appendix A is on file in the City offices.

[3]

Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front yard of any principal structure and/or lot. Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front 50% of a side yard setback; and as to any such equipment that is located in a side yard setback, it shall be screened so as to not be visible from any street or adjoining property when viewed from ground level. Temporary (i.e., removable) window air-conditioning units and temporary ductless air-conditioning/HVAC compressor units that do not project more than one foot beyond the existing structure are permitted when incorporated into an existing building by way of renovation. Replacement of in-kind units, without any increase in footprint size, located in the setback area prior to the adoption of this section are exempt from this regulation.

[4]

Bicycle racks shall be located on the business site, with a minimum capacity of seven bicycles. No locking mechanisms need to be provided. The racks shall be located/installed in such a manner that they do not interfere with or are not located in the public/street right-of-way and/or sidewalk area.

[5]

Minimum off-street loading; trash and garbage locations.

[a]

The need for, location and design of off-street loading and unloading areas shall be considered and determined at the time of site plan review. Off-street loading and unloading areas shall take place on site but not in the public/street right-of-way.

[b]

The need for, location and design of recycling, trash and garbage locations shall be considered and determined at the time of site plan review. Recycling, trash and garbage loading and unloading areas shall take place on site but not in the public/street right-of-way.

[6]

Automobile or marine service stations. Examples include: fueling stations, automobile, truck and boat (including personal watercraft) repair, auto-body repair and car washes, whether or not such uses are conducted on an individual bases or are combined within a single site.

[7]

Stand-alone car washes when not part of an automobile or marine service station.

[8]

Bulk standards for conditional uses.

Category			Requirement
The entire under-canopy area of the fuel pump islands shall be considered part of the principal building. In such instances, multiple principal buildings shall be permitted. Should no canopy be proposed, the fuel pump area shall be measured by the smallest projected, enclosed, four-sided, regular (right-angled, straight-edged) geometric shape necessary to encompass each and every component of the fuel pump islands, including kiosks for motor oil, antifreeze and other for-sale items and trash receptacles
Principal buildings, minimum
	Lot area		40,000 square feet
		Stand-alone car washes when not part of an automobile or marine service station	10,000 square feet
	Lot frontage		200 feet
	Lot width		200 feet
		Stand-alone car washes when not part of an automobile or marine service station	100 feet
	Lot depth		200 feet
		Stand-alone car washes when not part of an automobile or marine service station	100 feet
	Side yard setback (each)		25 feet
		Abutting a residential zone	50 feet, treated with site landscaping of sufficient design and in sufficient quantity and placement to create a visual and noise buffer from abutting residential districts and uses
	Front yard setback		40 feet
		Stand-alone car washes when not part of an automobile or marine service station	40 feet
	Rear yard setback		25 feet
		Stand-alone car washes when not part of an automobile or marine service station	20 feet
		Abutting a residential zone	50 feet, treated with site landscaping of sufficient design and in sufficient quantity and placement to create a visual and noise buffer from abutting residential districts and uses
Maximum coverage of principal building			40%
Accessory building, minimum
	Distance to side line		10 feet
	Distance to rear line		20 feet
	Distance to other building		10 feet
Maximum lot (impervious) coverage			80%
Minimum distance from (to ensure appropriate driveway widths)
	Any firehouse, school, playground, place of worship, hospital, public building or institution		200 feet
	Any other automobile or marine service station, or any component thereof		400 feet
Minimum distance between fuel pump islands			20 feet
Minimum setback required between any building or driveway on a lot utilized for a service station and any residential use			50 feet

(e)

Additional standards for conditional uses in § 276-20G(2)(d)[6] and [7] hereinabove:

[1]

With the exception of fuel and air pumps, all operations, including all appliances, pits, storage areas, garbage facilities and mechanical car washes, shall take place within an enclosed building. Open-air hand-drying of washed vehicles is permitted.

[2]

Outdoor storage of motor vehicles, boats or personal watercraft, or parts therefor, shall be limited to a fully enclosed, fully buffered yard area, it being the intent that no dismantled vehicles or parts shall be visible from any public right-of-way or adjacent property.

[3]

A vehicle awaiting repair or pickup from repair may be stored at any automobile or marine service station premises outside of a closed or roofed building or a fully enclosed, fully buffered yard area for a period of time not to exceed five days. No junk motor, boat or personal watercraft, or part thereof or part therefor, shall be permitted on the premises of any automobile or marine service station.

[4]

The exterior display (parking) of motor vehicles, trailers, boats, personal watercraft or related equipment, for sale, lease or storage, is prohibited.

[5]

Automobile or marine service stations shall provide at least six off-street parking spaces for the first repair area, five additional spaces for a second repair area, and three additional spaces for each repair area thereafter. Parking spaces shall be separated from the driveway and general apron areas which give access to the fuel pumps, air pumps and repair areas. No designated parking space shall obstruct access to such facilities. No parking shall be permitted on unpaved areas. Driveways shall be a minimum of 20 feet from all lot lines, street intersections and other driveways on the same lot/parcel.

[6]

Automobile or marine service stations are permitted one freestanding (pole) sign not exceeding 20 square feet in total surface area and one building-mounted sign not exceeding the lesser of 25% of the building facade on which it is mounted or 30 square feet. The pole sign shall be set back at least 10 feet from all rights-of-way and lot lines. See § 276-20F(11) and § 276-40 for additional standards.

[7]

Landscaping shall be provided in the front yard area and shall be reasonably distributed throughout the entire front yard area. Suggested plant species are referenced in Appendix A.[7]

[7]

Editor's Note: Appendix A is on file in the City offices.

[8]

Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front yard of any principal structure and/or lot. Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front 50% of a side yard setback; and as to any such equipment that is located in a side yard setback, it shall be screened so as to not be visible from any street or adjoining property when viewed from ground level. Temporary (i.e., removable) window air-conditioning units and temporary ductless air-conditioning/HVAC compressor units that do not project more than one foot beyond the existing structure are permitted when incorporated into an existing building by way of renovation. Replacement of in-kind units, without any increase in footprint size, located in the setback area prior to the adoption of this section are exempt from this regulation.

[9]

Stand-alone car washes: in addition to the actual service stall (defined as areas for the actual washing, vacuuming, waxing or other servicing of the vehicle).

[a]

Mechanical car washes shall provide five queuing spaces before each service stall and one drying space after the washing stall. Manual car washes shall provide three queuing spaces before each service stall.

[b]

All vehicle entrances shall be from the rear of the building. All queuing shall be accommodated on the lot.

[c]

Entrance access driveways shall not be located within 300 feet of the intersection of any two street lines or within 10 feet of any lot line.

(f)

Specialized entertainment venues, such as theaters, arenas, performing arts centers, movie theaters, amphitheaters, aquariums, museums (cultural or popular) and other like and similar attractions.

(g)

Enclosed active, sports-oriented entertainment/recreation elements, such as fitness centers, swimming pools, bowling alleys, skating rinks, and other like and similar attractions, excluding amusement arcades.

(h)

Traditional open-air, active, sports-oriented entertainment/recreation elements, such as tennis courts and miniature golf courses.

(i)

Assembly, bottling, compounding, fabrication, packaging, processing, production or repair of materials or products from previously prepared materials within a completely enclosed building wherein the activities conducted do not generate harmful or unpleasant dust, smoke, noise, odors, pollutants or recognized deleterious substances.

(j)

Bulk standards for conditional uses.

Category			Requirement
Principal buildings, minimum
	Lot area		40,000 square feet
	Lot frontage		200 feet
	Lot width		200 feet
	Lot depth		200 feet
	Side yard setback (each)		25 feet
		For open-air miniature golf courses	6 feet, and said side yard setbacks shall be suitably landscaped (Suggested plant species are referenced in Appendix A.)[8]
		Abutting a residential zone	50 feet, treated with site landscaping of sufficient design and in sufficient quantity and placement to create a visual and noise buffer from abutting residential districts and uses
Front yard setback			0 feet
Rear yard setback			25 feet
		Abutting a residential zone	50 feet, treated with site landscaping of sufficient design and in sufficient quantity and placement to create a visual and noise buffer from abutting residential districts and uses
Maximum coverage of principal building			40%
Accessory building, minimum
	Distance to side line		10 feet
	Distance to rear line		20 feet
	Distance to other buildings		10 feet
Maximum lot (impervious) coverage			80%

[8]

Editor's Note: Appendix A is on file in the City offices.

(k)

Additional standards for conditional uses in § 276-20G(2)(f), (g), (h) and (i) hereinabove:

[1]

Landscaping shall be provided in the front yard area and shall be reasonably distributed throughout the entire front yard area. Suggested plant species are referenced in Appendix A.[9]

[9]

Editor's Note: Appendix A is on file in the City offices.

[2]

Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front yard of any principal structure and/or lot. Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front 50% of a side yard setback; and as to any such equipment that is located in a side yard setback, it shall be screened so as to not be visible from any street or adjoining property when viewed from ground level. Temporary (i.e., removable) window air-conditioning units and temporary ductless air-conditioning/HVAC compressor units that do not project more than one foot beyond the existing structure are permitted when incorporated into an existing building by way of renovation. Replacement of in-kind units, without any increase in footprint size, located in the setback area prior to the adoption of this section are exempt to this regulation.

[3]

Bicycle racks shall be located on the business site, with a minimum capacity of seven bicycles. No locking mechanisms need to be provided. The racks shall be located/installed in such a manner that they do not interfere with or are not located in the public/street right-of-way and/or sidewalk area.

[4]

Minimum off-street loading; trash and garbage locations.

[a]

The need for, location and design of off-street loading and unloading areas shall be considered and determined at the time of site plan review. Off-street loading and unloading areas shall take place on site but not in the public/street right-of-way.

[b]

The need for, location and design of recycling, trash and garbage locations shall be considered and determined at the time of site plan review. Recycling, trash and garbage loading and unloading areas shall take place on site but not in the public/street right-of-way.

[5]

Parking.

[a]

Specialized entertainment venues, such as theaters, arenas, performing arts centers, movie theaters, amphitheaters, aquariums, museums (cultural or popular), and other like and similar attractions shall provide one space for every four seats.

[b]

Traditional open-air, active, sports-oriented entertainment/recreation elements, such as tennis courts and miniature golf courses, shall provide one space per each hole, plus one space for each employee, but in all cases a sufficient number of spaces shall be provided to accommodate expected needs for any permitted recreational use.

[c]

Assembly, bottling, compounding, fabrication, packaging, processing, production or repair of materials or products facilities shall provide one space for every 1,000 square feet or fraction thereof of gross floor area used for inside storage, plus one space for every 700 square feet or fraction thereof of gross floor area used for repair or body work or manufacturing, plus one space for every 200 square feet or fraction thereof of gross floor area used for offices.

[d]

Drive-in restaurants, fast-food restaurants and specialty food outlets with drive-up window service for take-out fare shall provide a minimum of one space for every six seats, but in all cases, a sufficient number of spaces to prevent any parking along private driveways, fire lanes and aisles. Additionally, drive-up window service for take-out fare shall provide room for at least eight automobiles per drive-in window for queuing purposes. Outdoor seating/dining areas intended for use during spring, summer and autumn months shall not be considered when calculating the number of parking spaces required by this subsection.

[e]

Automobile-oriented general commercial activities, such as pharmacies with drive-through windows, convenience stores with fuel-dispensing facilities, package liquor stores with drive-up window service, and like and similar activities, shall provide parking at the ratio of one space per 400 square feet of gross floor area. Additionally, drive-up window service for take-out service shall provide room for at least eight automobiles per drive-in window for queuing purposes.

(l)

Child-care centers, as conditional uses.

[1]

No child-care center shall be developed or operated unless it first obtains, and maintains throughout the course of the operation, a valid license from the New Jersey Department of Children and Families.

[2]

Recommended bulk requirements. Unless stricter standards are required by the New Jersey Department of Children and Families, bulk requirements for such conditional use shall be the same as the bulk standards for permitted principal uses in the CBD Zoning District in § 276-20E herein.

[3]

No child-care center shall be developed or operated:

[a]

Without an appropriate porte cochere area wherein enrolled children may be picked up or dropped off in a secured environment which is clearly separated from general street traffic.

[b]

Without dedicated on-site parking for all employees at a ratio of one parking space per employee as well as one space for each four enrolled children in order to provide parking for parents wishing to observe the operations or meet with facility staff.

[c]

Without a dedicated, fenced area, no higher than four feet from grade, fully secured and age-appropriate lawn areas for outdoor recreation space for enrolled children of various age groups.

(m)

Adult businesses as conditional uses.

[1]

Family-friendly tourism is the life-blood of the local economy. Facilitating such an atmosphere is critical if the City is to retain its economic base. Any element which negatively impacts such atmosphere represents a detriment to the City's economic base and the welfare of the community. Adult businesses have a unique potential to negatively impact such atmosphere and therefore threaten the City's economic well-being. Adult business practices that engage in or otherwise promote obscenity are prohibited. Adult business practices which do not rise to the level of obscenity, as defined by the laws of the United States of America and the State of New Jersey, are conditional uses hereby regulated in such a way as to minimize their adverse effect on the community at large, including, but not limited to, potential negative impacts on the public health, safety or welfare, economic health, community mores and values.

[2]

Definitions. As used in this section, "adult businesses" shall have the definition that is set forth in § 276-46F.

[3]

Bulk standards for adult businesses as a conditional use.

Category			Requirement
Principal buildings, minimum
	Lot area		4,000 square feet
	Lot frontage		40 feet
	Lot width		40 feet
	Lot depth		100 feet
	Side yard setback (each)		10 feet
	Front yard setback		0 feet
	Rear yard setback		20 feet
		Abutting a residential zone or use	30 feet, treated with site landscaping of sufficient design and in sufficient quantity and placement to create a visual and noise buffer from abutting residential districts and uses
Maximum coverage of principal building			40%
Accessory building, minimum
	Distance to side line		10 feet
	Distance to rear line		10 feet
	Distance to other building		10 feet
Maximum lot (impervious) coverage			80%

[4]

General standards for adult businesses as a conditional use.

[a]

Adult businesses as conditional uses as referenced herein and as further defined in § 276-7 shall be subject to the following restrictions:

[i]

No adult businesses as conditional uses as referenced herein shall be located within 1,000 feet of a firehouse, school, lands owned and/or used by a public or private school board, public playground and/or parks, church, place of worship, hospital, public building, housing or institution and youth center. Any adult business use shall be located in buildings no closer than 200 feet to any residential use or district.

[ii]

No two adult businesses shall be located within 600 feet of each other.

[iii]

The hours of operation shall be from 10:00 a.m. until 11:00 p.m., Monday through Saturday only.

[iv]

The interior of each room shall be lighted and designed in such a way that all parts of the same shall be readily visible to all store employees, such as but not limited to the sales clerk, manager, operator and/or customers moving freely within the building. No loudspeaker or sound equipment shall be used which will emit sound to the outside of the building.

[b]

It shall be unlawful to sell, offer for sale, or display obscene material in plain sight or from any public/street right-of-way with the naked eye of any person(s). The display of obscene material, merchandise or similar activities shall be performed in a fully enclosed building, and no merchandise shall be displayed outside of an enclosed building.

[c]

Adult businesses as conditional uses as referenced herein shall be permitted to have signs which shall be limited to lettering indicating the name, address, and general nature of the business only and shall conform in size to signs permitted within the CBD District. Advertisements and displays describing the goods or services operated within the adult business premises shall not be visible from the outside of the building, provided that the general nature of the business, such as the words "books," "motion pictures," "nightclub," "massage," "modeling studio" and similar words of general description, shall be permitted upon signs permitted hereunder. Each adult business as a conditional use as referenced herein in an individual building may have one sign attached to the building, not to exceed 30 square feet in area. Where an individual activity has direct access from the outside, a sign not exceeding four square feet identifying the name of the activity may also be attached to the building at the entrance to the activity. No signs for each adult business as a conditional use as referenced herein are permitted to be suspended over a public sidewalk.

[d]

Special signage standards applicable to the CBD District. All nonresidential signage shall be restricted to the New Jersey Avenue side of the front building wall.

[e]

The operator shall not display or sell any item depicting, graphically or in text, language, gestures or intent which, according to accepted standards of decency, is deemed lewd, obscene or offensive or is intended for adult audiences. Such items shall include, but are expressly not limited to, t-shirts, sweatshirts, hats or other pieces of clothing, statues, statuettes or figurines, pictures, posters, calendars or like or similar items.

[f]

A request by any municipal official to remove any item from display shall automatically constitute a violation of this subsection. The operator shall immediately comply with any such demand. Any breach of this provision shall be considered a material breach of the land use approvals, deeds, leases and other legal documents governing the use or operation of the subject premises. Such official shall have the right to demand removal of any such item on display. The operator shall immediately comply with such demand or shall face immediate closure, subject to all remedies available at law or in equity.

[g]

Adult businesses shall be operated solely within a fully enclosed building having not less than 600 square feet and not more than 900 square feet devoted to such use. The exterior of the business premises shall be so constructed, designed, or laid out so that no person outside the building can view the interior thereof. The doors and windows shall be kept closed, and adult products shall not be visible from the outside when the door is opened for the purpose of entering or exiting the business premises and/or in plain sight or from any public/street right-of-way with the naked eye of any person(s).

[h]

No additional uses shall be permitted within any building which operates an adult business.

[i]

Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front yard of any principal structure and/or lot. Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front 50% of a side yard setback; and as to any such equipment that is located in a side yard setback, it shall be screened so as to not be visible from any street or adjoining property when viewed from ground level. Temporary (i.e., removable) window air-conditioning units and temporary ductless air-conditioning/HVAC compressor units that do not project more than one foot beyond the existing structure are permitted when incorporated into an existing building by way of renovation. Replacement of in-kind units, without any increase in footprint size, located in the setback area prior to the adoption of this section are exempt from this regulation.

[j]

Any person or association of persons desiring to own or operate an adult business as a conditional use as referenced herein in the City of North Wildwood shall be required to file an application and obtain a mercantile license therefor and comply with all other City codes.

[k]

Off-street parking shall be provided in accordance with the following schedule:

[i]

One off-street parking space for each customer of the use.

[ii]

One off-street parking space for each employee.

(n)

(Reserved)

(o)

Single- and two-family residential.

[1]

Purpose. Although the purpose of the CBD as stated in the 2010 Master Plan is to provide for an appropriate mix of retail and service-oriented commercial, office and other uses, with supportive residential above, both the April 2013 and February 2014 Master Plan re-examinations recognized the continued lack of development on larger lots. The purpose of allowing single- and two-family residential as a conditional use in the CBD is to encourage development on unimproved vacant land, as well as to not exacerbate the surplus of ground floor commercial in the district. In order to minimize the potential conflict between commercial and residential uses, a whole block of frontage along New Jersey Avenue is required.

[a]

Conditions.

[i]

Minimum lot area: 12,000 square feet.

[ii]

Minimum lot frontage: 200 feet along New Jersey Avenue.

[iii]

Minimum lot depth: 60 feet from New Jersey Avenue.

[iv]

Parcel must have been vacant for a minimum of six years preceding the date of submittal of an application.

[v]

The entire 200-foot frontage adjacent to New Jersey Avenue shall be developed with single- or two-family residential.

[vi]

Two-family use is only permitted immediately adjacent to New Jersey Avenue.

[vii]

Lot depth shall be measured from the numbered street.

[viii]

Requirements for both single- and two-family development shall comply with all the requirements of the R-2 Zoning District in § 276-16.

[ix]

Curb cuts are not permitted on New Jersey Avenue.

[x]

Buildings located on New Jersey Avenue may be functionally oriented toward the numbered streets, but, visually, the structure shall also orient to New Jersey Avenue. This may include doors, steps to the first floor only, varied roof lines, and architectural features such as bump outs and bay windows.

[xi]

Large blank walls facing New Jersey Avenue are prohibited.

[xii]

All areas not utilized for structures, parking, walkways, patios or pavers shall be landscaped with shrubs, ground cover, seeding or similar plantings. All along New Jersey Avenue, a five-foot deep landscaped area with shrubs (minimum three feet in height when planted) is required from the sidewalk. All such areas shall include automatic/mechanical irrigation (with rain sensors to prevent nonessential watering) and shall be maintained in good condition.

[xiii]

Any fence along New Jersey Avenue, if installed, shall be set behind the five-foot landscaped area required above.

[xiv]

Elevations that front New Jersey Avenue shall be submitted as part of the residential subdivision application.[10]

[10]

Editor's Note: Former Subsection G(2)(o)[2], regarding existing and new residential structures that do not front directly onto New Jersey Avenue, which immediately followed, was repealed 12-19-2023 by Ord. No. 1923.

A.

Purpose statement.

(1)

The purpose of the Oceanside (OS) Zoning District is to recognize the mixed-use nature of this section of the City by providing for residential, dining, lodging, recreation and entertainment uses in appropriate locations to support the City's tourist-oriented economy. The purpose of the OS Zoning District includes supporting and fostering the City's tourist economy. A critical component of such economy is the family-friendly atmosphere of the City tourism elements. As such, any element which negatively impacts such atmosphere represents a detriment to the economic health of the City and the welfare of the community.

(2)

Consistent with the City's policies in the 2010 Comprehensive Master Plan Update ("Master Plan") to revise the City's zoning districts and regulations to reflect existing development patterns and land uses, the OS Zoning District includes a portion of the former R-1/OB-2 Zone.

B.

Principal permitted uses on the land and in buildings:

(1)

Detached single-family dwelling units.

(2)

Single-family semidetached (duplex) dwelling units (see § 276-7, Definitions).

(3)

Two-family stacked (multistory) dwelling units (see § 276-7, Definitions).

(4)

Triplex dwelling units (see § 276-7, Definitions).

(5)

Bed-and-breakfast establishments.

(6)

Public parking lots.

(7)

Retail sales of goods customarily required/desired by the City's tourist visitor base, including, but not limited to, beach accessory, bicycle and water-sport sales and rental (with bicycle repair); hobby and craft items; books; photographic and video items; seashore-related clothing and dry goods; antiques; artworks; toys; gifts; novelties, notions and variety items; jewelry; and like and similar items. Such use shall be construed to include sales or rental venues (storefronts) for off-site pickup or activity.

(8)

Specialty food and beverage outlets, such as bakeries, candy stores, ice cream parlors and like and similar uses. Such establishments may be enclosed or open-air and serve in a dine-in or take-out manner.

(9)

Enclosed or open-air, active, sports-oriented entertainment/recreation elements, such as tennis courts, fitness centers, swimming pools, surfing pools, waterparks, miniature golf courses, bowling alleys, skating rinks, batting cages, active recreation simulators, and other like and similar attractions, excluding amusement arcades.

(10)

Retail sales of services customarily required/desired by the City's tourist visitor base, including, but not limited to, barber, beauty and nail services; specialized day spa services; and like and similar personal services.

(11)

Specialized entertainment/recreation elements, such as theaters, arenas, amphitheaters, aquariums, museums (cultural or popular), themed attractions, and other like and similar attractions.

(12)

Publicly oriented tourist information centers, public safety stations for municipal service providers, public restrooms and other public purpose uses.

(13)

Wireless antennas provided that new antennas utilize co-location or are installed on existing structures.

C.

Conditional uses permitted:

(1)

Child-care centers.

(a)

No child-care center shall be developed or operated unless it first obtains, and maintains throughout the course of the operation, a valid license from the New Jersey Department of Children and Families.

(b)

Required bulk requirements. Unless stricter standards are required by the New Jersey Department of Children and Families, bulk requirements for such conditional use shall be the same as the bulk requirements for permitted principal uses in the CBD Zoning District, § 276-20E referenced herein.

(c)

No child-care center shall be developed or operated:

[1]

Without an appropriate porte cochere area wherein enrolled children may be picked up or dropped off in a secured environment which is clearly separated from general street traffic.

[2]

Without dedicated on-site parking for all employees at a ratio of one parking space per employee as well as one space for each four enrolled children in order to provide parking for parents wishing to observe the operations or meet with facility staff.

[3]

Without a dedicated, fenced area, no higher than four feet from grade, fully secured and age-appropriate lawn areas for outdoor recreation space for enrolled children of various age groups.

(2)

Hotels and motels, as defined in § 276-7, located exclusively along John F. Kennedy Boulevard between 2nd Avenue and 15th Avenue. Where abutting the Boardwalk, the Boardwalk-level frontage shall consist of permitted principal or accessory uses which are oriented to and directly accessed from the Boardwalk.

[Amended 5-17-2022 by Ord. No. 1878]

(a)

The hotel and/or motel structure shall:

[1]

Maintain a public lobby/front desk area or registration (check-in) and information station (front desk) serving hotel/motel guests and the general public with in-house staff available on a twenty-four-hour basis.

[2]

Maintain a linen closet, ice machine and beverage/candy vending area, at a minimum, on alternating floors.

[3]

The structure may provide the following amenities: restaurants, banquet or dining rooms, conference rooms, swimming pools and other aquatic facilities designed for use on a year-round basis, room service, linen service and other normal and customary elements to such facilities.

[4]

Be designed with back-of-the-house linen and garbage chutes accessing all floors.

[5]

Maintain full-time, on-site staff and management.

[6]

Maintain a published business phone number and, to the extent that such advertising is part of the facilities' business model, advertise daily rentals and hotel-like services to the general public.

[7]

Pay sales tax, use tax and tourism room tax as required by the Tourism Improvement and Development District Act (N.J.S.A. 40:54D-1 et seq.).

[8]

Be designed and managed such that each utility (water, sewer, electric, natural gas, telephone and cable television) servicing a hotel or motel structure shall commonly meter its service to all units within such structure and shall commonly bill such service to the hotel or motel management entity.

(b)

Conditional use standards applicable to hotels and motels in the OS Zoning District:

[1]

Hotels and motels abutting the Beach, Boardwalk or John F. Kennedy Avenue may rise to 60 feet in height from the base flood elevation (BFE).

[2]

The facades of hotels and motels abutting the Beach, Boardwalk or John F. Kennedy Avenue shall consist of permitted principal or accessory uses and not back-of-the-house functions.

(c)

Hotels and motels which are converted to and/or owned in the form of a Condominium Association, commonly referred to as "condotels," consisting of individually owned units within a hotel or motel structure shall be subject to the foregoing and the following regulations:

[1]

"Individually owned hotel or motel units" shall be defined as a privately owned unit(s) within a hotel or motel structure which are made available for sale to the general public for investment purposes only. These units shall be rented, used, let, or hired out for compensation, exclusively for transient occupancy by the general public, by reservation or walk-up without reservations, on a daily or weekly basis, but in any case, without a lease, for occupancy of not less than one night nor more than 20 continuous nights.

[2]

These units shall not be used for any primary residential purpose on either a temporary or permanent basis.

[3]

The renting of units within hotels and motels which are converted to and/or owned in the form of a Condominium Association shall be handled exclusively through a central office maintained by the Condominium Association.

(3)

Restaurants, bars, (defined as an establishment serving alcoholic beverages but not food), taverns (defined as an establishment serving alcoholic beverages and cooked-to-order food which is prepared and served on the premises), lounges and poolside kiosks as part of a hotel or motel permitted as a conditional use in the zoning district, including those serving alcoholic beverages, provided that such alcohol service is not located on areas or yards fronting the beach, Boardwalk or John F. Kennedy Avenue Boardwalk and thereby falling under the requirements herein. Such establishments may be enclosed or open-air and serve in a dine-in or take-out manner.

(4)

Restaurants serving alcoholic beverages in the OS Zoning District. Restaurants serving alcoholic beverages shall be permitted in the OS Zoning District as conditional uses only, and only when the owner of the license complies with the following conditions and executes a written agreement with the City of North Wildwood agreeing to be bound by these conditions, unless or until same are vacated or modified:

(a)

The restaurant must have a minimum of 100 seats for the service of meals.

(b)

A patron may not remove alcoholic beverages from the restaurant premises at any time. No package good sales are permitted.

(c)

The restaurant shall contain separate restroom facilities for men and women.

(d)

The restaurant must be a full-service restaurant furnishing complete dinners with soup, salad, main entree, vegetables and dessert.

(e)

The restaurant shall not use paper, plastic or other disposable plates, dishes, cups, containers, knives, forks, or spoons for the service or consumption of food or alcoholic beverages.

(f)

Restaurants are permitted to have a separate customer waiting bar for the service of restaurant customers so long as the bar is within the confines of the restaurant. There shall be no exterior entrances to the bar, and the only means of access to the bar shall be first through the restaurant. The total number of seats at the bar shall not exceed 10% of the total number of seats in the restaurant for the service of meals.

(g)

Sale of alcoholic beverages shall only be permitted between the hours of 10:00 a.m. and 1:00 a.m., prevailing time, and no consumption of alcoholic beverages shall be permitted within the restaurant after 1:30 a.m. and prior to 10:00 a.m., prevailing time.

(h)

Live entertainment shall be limited to three musicians and three musical instruments played at one time, and the music shall be subdued background music, played low enough so as not to interfere with the patrons' dinner conversation.

(i)

No more than three restaurants serving alcoholic beverages shall be permitted in the OS Zoning District. Hotel/motel licenses are exempt from this total.

(j)

All regulations of the Alcoholic Beverage Control Authority and all regulations contained in Chapter 114 of the Code of the City of North Wildwood, to the extent not inconsistent with these conditions, shall remain applicable to the restaurant.

(k)

No signs encouraging or promoting the sale and consumption of alcoholic beverages shall be permitted on the premises, except that one sign of an area not to exceed 10 square feet, per side, may be placed upon the premises, which sign may only refer to alcoholic beverages in words associated with dinner, such as "dinner, wine and cocktails."

(l)

Approval of the transfer of a liquor license to the OS Zoning District must be approved by the City Council after approval of the conditional use by the Planning Board, which approval shall be subject to the approval of the transfer of the liquor license.

D.

Accessory structures and accessory uses permitted:

(1)

Such ancillary uses as are normal and customary to a permitted principal use in a family-oriented, seashore environment, including, but not limited to, tennis courts, fitness centers, swimming pools, bathhouses and changing areas.

(2)

Off-street parking (see § 276-20.1H hereinbelow and § 276-35).

(3)

Fences and walls (see § 276-30).

(4)

Signs (see § 276-20.1I hereinbelow and § 276-40).

(5)

Garages and storage buildings.

(6)

Home occupations (see § 276-7 for definitions and requirements).

(7)

Satellite dish antennas. All satellite dish antennas shall be no larger than four feet in diameter, located on the principal structure, or as an accessory structure meeting accessory structure yard requirements stated below and located in the rear yard. For all practical purposes, satellite dish antennas shall not be seen from the front facade of the building or the street right-of-way.

(8)

Public utility cabinet(s) not exceeding three feet in height, with adequate landscaping screening as necessary and not located in a sight triangle easement at street corner intersections. It is recommended that public utility cabinet(s) be located underground in watertight vaults. Suggested plant species are referenced in Appendix A.[1]

[1]

Editor's Note: Appendix A is on file in the City offices.

(9)

Automated teller machines (ATMs), provided that, if accessed from the exterior of a building, such machines shall be installed within the wall of the building, it being the intent not to permit freestanding exterior ATM kiosks. ATM kiosks wholly located and accessed from the interior of a building are permitted.

(10)

Christmas tree sales. The annual sale of Christmas trees is permitted between December 1 and December 25, inclusive.

(11)

Public election voting places. The provisions of this chapter shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

(12)

Outdoor dining areas with tables on the sidewalk in front of or on the side of the permitted and conditional use premises. Outdoor dining areas shall take place on site but not be located in the public sidewalk and/or public/street right-of-way for the premises, unless approved by Mayor and Council. Outside tables and seats may be situated outside of the building on the parcel/lot but not in the public/street right-of-way, unless approved by Mayor and Council. No operation of a business in the OS Zoning District shall be located in such a way that less than five feet of paved sidewalk remains for the exclusive use of the traveled way for pedestrians, nor shall any such operation of the business or outside tables and seats project or protrude into, on or above the required five-foot-wide pedestrian passageway, unless approved by Mayor and Council.

(a)

The hours of operation of outdoor dining areas shall be limited to the hours of operation of the associated restaurant. In no event shall the hours of operation go past 3:00 a.m.

(b)

Outdoor dining is separate from a sidewalk cafe, as it is defined as any part of a food establishment located outdoors. Outdoor dining is permitted in locations subject to the exclusive approval of the Mayor and Council. The inclusion of outdoor dining will not require any additional parking based upon the number of permitted tables and/or permitted seats.

(c)

Parklets shall be permitted in locations subject to the exclusive approval of the Mayor and Council.

(d)

Adequate lighting shall be provided to promote safe passage of pedestrians and for patrons.

(e)

Awnings and/or umbrellas may be used in conjunction with the outdoor dining areas. Awnings shall be adequately secured. Awnings, including supporting structures, must be within the property line. The bottom of the awning shall be seven feet from the ground.

(13)

Solar energy systems (see Article XII).

(14)

Temporary construction trailers and one sign, not exceeding 50 cumulative square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction, beginning with the issuance of a construction permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, provided said trailer(s) and sign are on the site where construction is taking place and set back at least 10 feet from all street and lot lines.

E.

Area and yard requirements; building height limitations.

[Amended 4-7-2020 by Ord. No. 1796]

		Requirement
		Residential Uses
Category		Single-Family Detached	Single-Family Semidetached (Duplex) and 2-Family Stacked (Multistory)	Triplex	Nonresidential Uses
Principal building, minimum
	Minimum lot area	4,000 square feet	6,000 square feet	8,000 square feet	6,000 square feet
	Minimum lot frontage	40 feet	60 feet	80 feet	60 feet
	Minimum lot width	40 feet	60 feet	80 feet	60 feet
	Minimum lot depth	100 feet	100 feet	100 feet	100 feet
Setbacks¹ (except where abutting the beach, Boardwalk or J.F.K. Avenue)
	Side yard (each)²	6 feet	10 feet	10 feet	8 feet³
	Front yard^{2, 4}	10 feet	10 feet	10 feet	10 feet
	Rear yard²	10 feet	10 feet	10 feet	15 feet
	Beach/Boardwalk²	10 feet	10 feet	10 feet	0 feet
	J.F.K. Avenue⁵	10 feet	10 feet	10 feet	10 feet
Maximum impervious lot coverage		80%	80%	80%	80%
Maximum building coverage		70%	70%	70%	80%
Accessory building, minimum (No accessory building shall abut the beach or J.F.K. Avenue)
	Distance to side line	4 feet	4 feet	4 feet	4 feet
	Distance to rear line	4 feet	4 feet	4 feet	4 feet
	Distance to other buildings	8 feet	8 feet	8 feet	8 feet

Category		Requirement Conditional Uses Hotels and Motels
Principal building, minimum
	Minimum lot area	10,000 square feet
	Minimum street frontage	100 feet
	Lot width	100 feet
	Lot depth (absolute)	100 feet
Maximum building coverage		75%
Maximum lot (impervious) coverage		80%
At-grade setbacks (subject to the building envelope restrictions established herein)
	Beach frontage	Base flood elevation to 15 feet from BFE: 0 feet
	Boardwalk frontage	Base flood elevation to 15 feet from Boardwalk level: 0 feet
	J.F.K. Avenue frontage	10 feet
	Numbered avenue⁶	Base flood elevation to 48 feet from BFE: 8 feet
	Surf Avenue or Ocean Avenue	Base flood elevation to 48 feet from BFE: 8 feet
	Eastern and western yards (when not abutting the beach, Boardwalk, Surf, Ocean or J.F.K. Avenue)	15 feet
Maximum building height, detached single-family dwelling units; single-family semidetached (duplex) dwelling units; two-family stacked (duplex) dwelling units; triplex dwelling units		No building height shall exceed 36 feet in height from the base flood elevation (BFE) or three stories, whichever is less, except that churches and schools shall not exceed 55 feet and except further as allowed in § 276-47 of this chapter. The following structures may be erected above the heights prescribed by this section, but in no case shall the height of any of these appurtenances exceed a height equal to 10% more than the maximum height permitted for the particular use at issue:
		(a)	(Reserved)[2]
		(b)	Skylights, spires, cupolas, flagpoles, chimneys or similar structures.
		(c)	Safety enclosures of rooftop areas of hotels and motels used for sundecks and other recreational purposes.
		Cellular telephone antennas and/or associated equipment are expressly excluded from this provision.
Maximum building height (subject to the building envelope restrictions established herein), conditional uses, hotels and motels		60 feet. Telecommunications antennas, satellite dishes and related systems; skylights, spires, cupolas, flagpoles, chimneys or similar architectural features may be erected above the heights prescribed herein to a maximum of 20% of such heights, provided that the screening is found acceptable by the Planning Board. [Amended 6-8-2022 by Ord. No. 1880]
		Similarly, project identification signage may be erected above the heights prescribed herein to a maximum of 10% of such heights, provided that, at the sole discretion of the Planning Board, such signage contributes to the iconographic architectural identity of the project.
Building envelope (in addition to the at-grade setbacks established herein)
Any portion of a structure abutting the beach or Boardwalk		15 feet from the beach/Boardwalk level; thereafter, the structure shall step back 2 feet of horizontal distance from the westerly vertical plane of the beach/Boardwalk for every 1 foot of building height until it intersects its maximum building height or a lower portion of the building envelope.
Any portion of a structure abutting J.F.K. Avenue		No building envelope restriction
Any portion of a structure abutting a numbered avenue⁶		In addition to the building envelope established by the beach, Boardwalk, Surf/J.F.K. or eastern/western yard building height restrictions, step backs are required, at a minimum, at the 48-foot level (provided the structure, or portion thereof, reaches such heights)⁷
Any portion of a structure abutting Surf Avenue or Ocean Avenue		48 feet from base flood elevation; thereafter, the structure shall step back at a 30° angle from the vertical plane of the structure until it intersects with its maximum building height or a lower portion of the building envelope.
Eastern and western yards (when not abutting the beach, Boardwalk, Surf, Ocean or J.F.K. Avenue)		No building envelope restriction.

NOTES:
¹	For the purposes of this section, setbacks shall be clear, unoccupied and unobstructed space measured at right angles between a lot line and the building envelope and shall extend from grade to sky, except for the permitted encroachments detailed in § 276-20.1F herein, provided that such encroachments do not inhibit the free flow of pedestrian traffic.
²	Existing stairs and porches may be replaced with identical stairs and porches regardless of the setback requirements herein.
³	Zero feet where adjoining structures are constructed with a common party wall, provided that access to the rear of each side of the structure is maintained via a service alley, and further provided that the parking requirements for each use are maintained via a shared parking or similar arrangement.
⁴	For existing detached single-family dwelling units which were constructed prior to 1986 and for structures containing two units, both of which are single-family dwelling units (i.e., residential duplexes) which were constructed prior to 1986, new open porches, open above-ground decks, stairs, stair landings and/or steps providing access to the first floor of the structure shall be permitted to extend into the front yard setback area, but if so extended, a minimum distance of 5 feet to all property lines shall be maintained.
⁵	Regardless of whether front, side or rear yard.
⁶	E.g., 24th Avenue, regardless of whether the elevation is a front, side or rear yard.
⁷	Specific step backs are not dictated but shall be appropriate to the architecture of the project. However, a minimum step back equal to the at-grade setback is recommended, unless it can be demonstrated, to the Board's satisfaction, that a step back of less than the at-grade setback provides a more-appropriate design in light of the visual impact from grade, the degree of shadow impact and the totality of the aesthetics of the building. Deviations from such minimum shall be considered a variance. Such articulation need not be on the same horizontal plane and should be designed to provide differentiation and interest to the structure's massing.

[2]

Editor's Note: Former Subsection (a), which permitted certain roof structures, was repealed 6-8-2022 by Ord. No. 1880.

F.

Design standards. The following design standards shall be considered by the Planning Board, at the time of site plan review in order to enhance the City's tourist economic base while creating an attractive and inviting pedestrian-scaled environment in the OS Zoning District. Such standards shall apply to all development in the zone, regardless of whether such development is for a permitted use or a conditional use, as described herein. While this chapter does not mandate a specific theme for a development in the OS Zoning District, designers are strongly encouraged to recognize the historic setting of North Wildwood as a family-oriented seashore resort when selecting a design theme. The following regulations shall be treated as design elements subject to variance relief.

(1)

The entirety of all building elevations fronting the beach, Boardwalk, a numbered avenue (e.g., 24th Avenue) Surf, Ocean or J.F.K. Avenue, regardless of building height, shall be considered a front yard and primary elevation, with facades and appurtenances treated accordingly.

(2)

Western and eastern elevations of all buildings which do not front the beach, Boardwalk, a numbered avenue, Surf, Ocean or J.F.K. Avenue, when visible from a public right-of-way, including the Boardwalk (i.e., above the height of adjacent buildings, whether present or prospective), shall be considered a front yard and primary elevation, with facades and appurtenances treated accordingly. All building elevations, including those of accessory buildings, shall coordinate form, materials, color and detailing to achieve design harmony and continuity.

(3)

In considering facade treatment, the applicant/developer is encouraged to include a combination of rich detailing, texture, shadow lines and color. Such treatment may include, but need not be limited to:

(a)

Awnings and canopies.

(b)

Building articulation.

(c)

Coping, fascia, soffits and architectural filigree.

(d)

Signage.

(e)

Use of color, light and shadows.

(f)

Other aesthetic features consistent with the Design Guidelines for the Wildwoods Boardwalk (Appendix XX), as applicable.[3]

[3]

Editor's Note: The Design Guidelines for the Wildwoods Boardwalk are on file in the City offices.

(4)

The above notwithstanding, the main entrance to a development in the OS Zoning District need only be located on a single elevation, with facades and appurtenances treated accordingly.

(5)

In order to create an attractive and inviting pedestrian-scaled environment in the OS Zoning District, long runs of blank, unarticulated or unadorned walls, at the pedestrian level or above, are prohibited. Designers are encouraged to include both horizontal and vertical building articulation, combinations of windows (faux or real), architectural detailing and ornamentation to create an attractive and exciting design on all building facades. In furtherance of this requirement:

(a)

No exterior building wall shall have an uninterrupted horizontal run along a single plane for more than 50 linear feet, and no exterior building wall shall have an uninterrupted vertical run for more than 24 feet. The intent of this regulation may be achieved via structural or ornamental treatment.

(b)

Horizontal articulation of rooflines is strongly encouraged.

(c)

While glass elements are permitted as architectural features, blank walls and the use of glass curtain wall construction are prohibited.

(d)

Where the exterior wall(s) of a building abut an adjacent residential use, the facade shall be heavily landscaped and buffered from such residential use.

(e)

It is the City's intention not to permit traditional, open parking decks wherein parked vehicles are visible to the public from any right-of-way. Window-like cutouts and/or other architectural elements are required so as to resemble hotel/motel units while providing for garage ventilation as necessary.

(f)

Beach/Boardwalk frontage. In order to maximize the vibrancy of this significant frontage:

[1]

The entire beach/Boardwalk frontage of a development shall be devoted to active permitted principal uses, including, but not limited to, retail and/or food and beverage uses or accessways to a hotel/motel lobby and registration area, if applicable.

[2]

Such beach/Boardwalk frontage shall include clear storefront glass (which may be tinted) areas to display the nature of the use within and produce an interesting pedestrian streetscape. Such windows may be either typical large, single panes or multiple smaller panes separated by mullions.

[3]

Each individual use shall be oriented to and have its own independent entryway from the beach/Boardwalk. Frontages may either have identical designs to reinforce the overall design of the building or varied designs to express individual uses.

[4]

Only restaurants, permitted retail and commercial uses, banquet or dining rooms, conference rooms, swimming pools and like and similar amenities shall be located along the fifteen-foot-high, zero-setback portion of the facade described in § 276-20.1E hereinabove, it being the intention to buffer lodging units from the boisterous environment of the beach/Boardwalk.

(g)

Awnings and canopies servicing beach/Boardwalk-level commercial space may extend into the beach or Boardwalk right-of-way no further than four inches from the face of the building at Boardwalk level.

(h)

Street frontages.

[1]

With the exception of ground-floor garage entry- and exitways, the ground-floor frontage of all structures within the zone abutting a numbered avenue, Surf Avenue, Ocean Avenue or J.F.K. Avenue shall be devoted to active uses or shall be designed as a decorative streetscape with such treatment and features as may be required to provide a sense of excitement and vibrancy along an otherwise lifeless facade.

[2]

Excessive building runs on the same plane at the ground-floor level shall be avoided. A combination of building articulation, facade differentiation and other architectural treatments shall be required to provide the illusion of active uses (e.g., storefronts).

[3]

Where designed as an active use, such ground-floor frontage shall include clear storefront glass areas to display the nature of the use within. Such windows may be either typical large, single panes or multiple smaller panes separated by mullions.

[4]

Each individual use shall have its own independent entryway from the right-of-way. Frontage may either have identical designs to reinforce the overall design of the building or varied designs to express individual uses.

[5]

With the exception of the decorative streetscape treatments described herein, sidewalks shall extend from the building facade to the curb.

[6]

For the purposes of this section, setbacks shall be clear, unoccupied and unobstructed space measured at right angles between a lot line and the building envelope and shall extend from grade to sky, except for the following permitted encroachments, provided that such encroachments do not inhibit the free flow of pedestrian traffic:

[a]

Such permitted encroachments shall apply to at-grade setbacks and to the stair-step setbacks associated with maximum building height.

[b]

Setbacks shall be construed as minimum distances. Greater setbacks are permitted, provided that the specific distances and design relate to the architecture of the subject building elevation, and further provided that the setback area is heavily treated with a combination of elements designated by an asterisk (*). Setbacks shall not apply to vacated rights-of-way.

[c]

Awnings and canopies servicing street-level commercial space may extend into a public right-of-way at a distance approved by the Planning Board, as applicable.

[i]

Awnings, canopies* and porte cocheres.*

[ii]

Ornamental architectural features.*

[iii]

Flag/banner poles.

[iv]

Pedestrian walkways, breezeways and atria.

[v]

Bicycle racks,* benches,* trash receptacles* and other street furniture.*

[vi]

Parking areas and access drives thereto.

[vii]

Tables for alfresco dining.*

[viii]

Signage and lighting.

[ix]

Fences and landscaping.*

(i)

Screening.

[1]

Delivery and loading areas, mechanical equipment, garbage and recycling storage and similar back-of-the-house functions shall be enclosed within the building to the extent practicable. Otherwise, such functions shall be screened so as not to be visible from any public right-of-way or adjacent property.

[2]

All solid waste not stored within a building shall be stored within an enclosed container.

[3]

Pergolas, trellises or other screening above parked vehicles is required where exposed flat roofs are used as parking decks and for mechanical and related items.

[4]

With the exception of miniature golf courses or similar outdoor sporting venues, no merchandise, products, equipment or similar materials or objects shall be displayed or stored outside.

(6)

For hotels and motels, the following standards are applicable:

(a)

The public lobby, registration (check-in) and information station (front desk) serving a hotel and/or motel in the OS Zoning District may have its public entrances on any building elevation, regardless of whether such entrance fronts a numbered avenue, Surf, Ocean or J.F.K. Avenue or the western or eastern (if not fronting the beach or Boardwalk) facade of the building. Additionally, hotels and motels fronting the beach or Boardwalk shall be designed with direct access to the lobby and registration area from the beach or Boardwalk.

(b)

Delivery and loading areas, mechanical equipment, garbage and recycling storage and similar back-of-the-house functions shall be enclosed within the building and shall be screened so as not to be visible from any public right-of-way or adjacent property.

(c)

Each hotel or motel dwelling unit shall provide a minimum of 250 square feet of net habitable floor area for each unit containing one sleeping room and one bathroom and 350 square feet of net habitable floor area for each unit containing one sleeping room, one bathroom and cooking facilities. There shall be a residency limitation on all guests of 30 days, provided that the residency limitation shall not apply to an employee living on the premises.

(d)

A permanent on-site superintendent's apartment or living quarters shall be permitted within a hotel or motel and shall be included in the calculation of the permitted density and the number of units with cooking facilities.

(7)

Special standards for residential buildings.

(a)

Dwelling units shall be a minimum of 20 feet wide.

(b)

The front facade of every unit on the same building level must be offset by a minimum of five feet from the neighboring unit. All side walls of a building must contain bumpouts of at least two feet and no more than five feet for at least 30% of the length of the wall and no more than 50% of the length of the wall, but no single bumpout shall exceed 12 feet in length.

(c)

There shall be no exterior open stairways. Open steps are permitted to access the first floor only.

(d)

All exposed framing members of decks shall be painted or covered to match the building facade.

(8)

Public parking lots.

(a)

Public parking lots shall be no closer than six feet to any lot line, and said area shall be suitably landscaped. Landscaped islands, triangles or strips planted with shrubbery and trees shall be distributed throughout the parking lot in order to break the view of rows of parked cars but in a manner not impairing visibility.

(b)

Any public parking lot open for business after dark will be illuminated with lamps and lighting fixtures with shielding to prevent light spillage into adjacent residential uses, which must emit a minimum of one footcandle between the hours of 1/2 hour after sunset to 1/2 hour before sunrise, except when the parking lot is empty.

(c)

All paid public parking lots shall be paved with macadam or concrete with striped parking spaces no less than nine feet by 18 feet. The parking lot surface shall be maintained in a clean and level fashion.

(d)

Public parking lots shall be licensed by the City of North Wildwood and conform to applicable codes of the City.

G.

General requirements.

(1)

All buildings on a single site shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes. No building wall, except for hotels/motels, that faces a street shall exceed 70 feet in length along said street.

(2)

Merchandise, products, equipment or similar materials or objects can be displayed or stored outside so long as the merchandise, products, equipment or similar materials or objects shall be located/installed in such a manner that they do not interfere with and are not located in the sidewalk area to prevent free travel of pedestrians. No operation of a business in the OS Zoning District shall be located in such a way that less than five feet of paved sidewalk remains for the exclusive use of the traveled way for pedestrians, nor shall any such operation of the business or outside tables and seats project or protrude into, on or above the required five-foot-wide pedestrian passageway.

(3)

Bicycle racks shall be located on the business site, with a minimum capacity of seven bicycles. No locking mechanisms need to be provided. The racks shall be located/installed in such a manner that they do not interfere with and are not located in the public/street right-of-way and/or sidewalk area.

(4)

Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front yard of any principal structure and/or lot. Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front 50% of a side yard setback; and as to any such equipment that is located in a side yard setback, it shall be screened so as to not be visible from any street or adjoining property when viewed from ground level. Temporary (i.e., removable) window air-conditioning units and temporary ductless air-conditioning/HVAC compressor units that do not project more than one foot beyond the existing structure are permitted when incorporated into an existing building by way of renovation. Replacement of in-kind units, without any increase in footprint size, located in the setback area prior to the adoption of this section are exempt from this regulation.

(5)

No building or addition constructed thereon shall be constructed under this subsection on a lot less than 30 feet wide without variance relief.

(6)

All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeded or similar plantings and maintained in good condition. Landscaping shall be provided in the front yard area and shall be reasonably distributed throughout the entire front yard area. Suggested plant species are referenced in Appendix A.[4]

[4]

Editor's Note: Appendix A is on file in the City offices.

H.

Minimum off-street parking. Each individual use shall provide parking spaces according to the following minimum provisions. Where a permitted use of land includes different specific activities with different specific parking requirements, individually computing the parking requirements for each different activity and adding the resulting numbers together shall obtain the total number of required parking spaces.

(1)

Residential uses referenced herein at § 276-20.1B shall provide parking spaces in accordance with the standards established by the New Jersey Residential Site Improvement Standards (RSIS) (N.J.S.A. 5:21-1 et seq.). RSIS standards include parking requirements for residential uses based on unit (bedroom) size. If the applicant/developer does not specify the number of bedrooms per dwelling unit, then each dwelling unit shall be subject to the RSIS parking space requirements for a four-bedroom dwelling unit.

(2)

Bed-and-breakfast establishments shall provide one space per sleeping room, plus two spaces for the permanent living quarters of the owner.

(3)

Public parking lots: as determined by site plan review.

(4)

Permitted uses such as those uses listed in § 276-20.1B(6), (7), (8), (10) and (11) shall provide parking at the ratio of one space per 400 square feet of gross floor area.

(5)

Enclosed or open-air, active, sports-oriented entertainment/recreation elements, such as tennis courts, fitness centers, swimming pools, surfing pools, waterparks, miniature golf courses, bowling alleys, skating rinks, batting cages, active recreation simulators, and other like and similar attractions, shall provide one space per 250 square feet of gross floor area, plus one space for each employee, but in all cases a sufficient number of spaces shall be provided to accommodate expected needs for any permitted recreational use.

(6)

Hotels and motels shall provide parking as follows:

Room Size (square feet)	Parking Spaces (per unit)
Under 375	1.1
376 to 800	1.25
801 to 1,250	1.5
Over 1,250	2.0
Plus 1 space for every 10 seats provided in an ancillary restaurant

(a)

Freestanding parking garages or storage sheds are not permitted as part of a motel development. Accordingly, all garages and storage structures shall be physically attached to the motel. It is the City's intention not to permit traditional, open parking decks wherein parked vehicles are visible to the public from any right-of-way. Window-like cutouts and/or other architectural elements are required so as to resemble hotel/motel units while providing for garage ventilation as necessary. Parking garages may be attached by way of an enclosed walkway, which may be elevated or at grade. Off-site parking lots can be located off-site from the motel development within the block hosting the subject property and the block frontage facing the subject property.

(b)

Restaurants, bars and/or taverns associated with a hotel or motel shall provide a minimum of one space for every six seats, but in all cases a sufficient number of spaces to prevent any parking along private driveways, fire lanes and aisles. Outdoor seating/dining areas intended for use during spring, summer and autumn months shall not be considered when calculating the number of parking spaces required by this subsection.

(c)

For the purpose of this section:

[1]

The term "block hosting the subject property" shall mean the entirety of the block on which the property proposing the expansion of multifamily development units is located; and

[2]

The term "block frontage facing the subject property" shall mean the (typically 1/2) portion of the block across the street from the subject property between intersecting streets.

(7)

Child-care centers shall provide parking at a ratio of one parking space per employee, plus one additional parking space for every eight children. Adequate spaces shall be provided for the loading and unloading of children, which shall take place on site and not in the public right-of-way.

(8)

Outdoor seating/dining areas intended for use during spring, summer and autumn months shall not be considered when calculating the number of parking spaces required by this subsection.

(9)

Shared parking use of open parking lots with other permitted uses of the OS Zoning District is highly encouraged.

(10)

See § 276-35 (requirements for parking) for additional standards.

I.

Permitted signs.

(1)

General signage standards. The following design standards shall be considered by the Planning Board, as the case may be, at the time of site plan review:

(a)

While not located on the Boardwalk, the signage section of the Design Guidelines for the Wildwoods Boardwalk (Appendix XX and referenced and incorporated herein)[5] shall serve as the philosophical underpinnings for the standards for signage in the OS Zoning District, with specific standards established accordingly hereinbelow. All exterior signs shall identify uses, activities or functions of the development on which the sign is located. No advertising of any product, use or activity outside of the development shall be permitted.

[5]

Editor's Note: The Design Guidelines for the Wildwoods Boardwalk are on file in the City offices.

(b)

Signage for similar project elements shall be coordinated and similarly themed to provide a unifying style. All signs for individual uses shall conform in character with all other signs in the complex and shall blend with the overall architectural scheme of the district.

(c)

This regulation shall not be construed to mean that all signs must be identical or to prohibit unique sign designs where necessary and appropriate, but rather that, absent specific justification (i.e., branding/themeing requirements for themed retail outlets or food and beverage outlets), sign design shall be complimentary and consistent.

(d)

No vacant signs or sign boxes shall be permitted. Where vacancies occur, corresponding signage shall be immediately replaced with general development or other appropriate signage. Similarly, any sign which falls into a state of disrepair shall immediately be repaired or replaced.

(e)

This regulation shall not be construed to include intentional removal of sign faces in the off-season, which is a typical practice along the Wildwoods Boardwalk. However, upon any such intentional removal, an aesthetically treated replacement panel shall be employed so as not to leave a visibly vacant sign box.

(f)

All signs must be professionally designed and constructed. Homemade-type plywood, coroplast or cardboard signs or home-computer-generated-type signs are expressly prohibited.

(g)

Sign lighting shall be appropriate for the type and style of sign proposed and may include LED, neon or other illumination. Similarly, the use of neon lighting or similar material to create sculptural logo or iconographic images is encouraged.

(h)

No restrictions are established for interior project signage (defined as the interior wall area of a project, whether within an enclosed structure or on the inward-facing frontage of a structure internal to a project.). Developers are encouraged to establish a creative interior sign package consistent with the type and scope of project proposed.

(2)

Project identification signage. Each individual use in an individual building may have one sign attached to the building not exceeding an area equivalent to 25% of the front facade of the business to which it is attached or 150 cumulative square feet, whichever is smaller. Where an individual activity has direct access from the outside, a sign not exceeding four square feet identifying the name of the activity may also be attached to the building at the entrance to the activity, exclusive of the cumulative sign square-foot requirement.

(3)

See § 276-40 (requirements for signs) for additional standards.

J.

Minimum off-street loading; trash, recycling and garbage locations.

(1)

The need for, location and design of off-street loading and unloading areas shall be considered and determined at the time of site plan review. Off-street loading and unloading areas shall take place on site but not in the public/street right-of-way.

(2)

The need for, location and design of trash and garbage locations shall be considered and determined at the time of site plan review. Recycling, trash and garbage loading and unloading areas shall take place on site but not in the public/street right-of-way. All solid waste not stored within a building shall be stored within an enclosed container.

(3)

Each use must include provisions for the collection, disposition and recycling of recyclable materials, including newspapers, leaves, white high-grade paper, glass bottles and jars, aluminum, corrugated cardboard, and tin and bimetal cans. The amount of recyclable material generated weekly by each use shall be quantified and reviewed during site plan review to determine whether the storage area to contain a week's accumulation of recyclable material is adequate in size and location. The storage area shall be designed for truck access for pickup of materials and be suitably screened from view if located outside a building.

(4)

Recycling, trash and garbage loading and unloading areas shall be marked with yellow cross-striping pavement markings and marked with signage as "No Parking or Standing Zones" if adjacent to automobile traffic or parking areas.

(5)

For hotels/motels, delivery and loading areas, mechanical equipment, garbage and recycling storage and similar back-of-the-house functions shall be enclosed within the building and shall be screened so as not to be visible from any public right-of-way or adjacent property.

A.

Purpose statement.

(1)

The purpose of the Shopping Center Zone is to provide for an appropriate mix of retail-oriented commercial, office and other uses designed to support the needs of the residents and businesses of the City of North Wildwood as well as those of the Wildwoods in general.

(2)

The zone boundary lines for the SC Zoning District are to be modified to reflect current parcel geometry.

B.

Principal permitted uses on the land and in buildings:

(1)

Regionally oriented commercial activities, defined as uses designed to provide for the needs of the citizens and visitors to the Wildwoods. Examples include: supermarkets; pharmacies (with drive-through); convenience stores with or without fuel-dispensing facilities; general retail, dry-goods stores; package liquor stores (with drive-through); "big-box" retail, appliance, furniture or home improvement stores; department stores; "chain"/franchise hobby stores, sporting goods stores, including bicycle sale, rental and repair, pet stores, toy stores and bookstores; financial institutions with drive-through facilities, such as banks and loan offices; video rental and sales (with drive-through); and like and similar activities.

(2)

Regionally oriented service activities, defined as uses designed to provide for the needs of the citizens and visitors to the Wildwoods. Examples include; hair and nail salons, barber- and beauty shops; day spas and similar personal services; tailor and shoe repair shops; retail dry cleaners (no commercial cleaning on the premises); general appliance repair; upholstery/furniture repair; and like and similar activities.

(3)

Grocery and specialty food stores. Examples include: bakeries, candy stores, and meat or seafood markets.

(4)

Professional, legal, tax, real estate, administrative, contracting, construction, property management and consulting services offices, including medical and dental complexes; additionally, administrative offices and related facilities as may be necessary and convenient to the provision of municipal, county, state or federal governmental services.

(5)

Eating and drinking establishments, including restaurants, defined as nonalcoholic-beverage-service restaurants with sit-down table service, drive-in restaurants, fast-food restaurants and specialty food outlets, including those with drive-up window service for take-out fare.

(6)

Commercial parking facilities owned and/or operated by the City of North Wildwood.

(7)

Specialized entertainment venues, such as theaters, arenas, performing arts centers, movie theaters, amphitheaters, aquariums, museums (cultural or popular), and other like and similar attractions.

(8)

Public utilities' central substations (see § 276-7 for definition), subject to the following:

(a)

The proposed installation in a specific location must be necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located.

(b)

The design of any structure in connection with such facility must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding area.

(c)

Adequate fencing and other safety devices shall be provided and shall be installed in accordance with the applicable requirements of the New Jersey Board of Public Utilities and/or other applicable codes.

(d)

Site landscaping shall be provided in sufficient quantity and placement in order to create a visual buffer from all public rights-of-way or adjacent properties. Suggested plant species are referenced in Appendix A.[1]

[1]

Editor's Note: Appendix A is on file in the City offices.

(e)

Off-street parking shall be provided as determined by the needs of the facility.

(9)

Wireless antennas, provided that new antennas utilize co-location or are installed on existing structures.

C.

Accessory uses permitted:

Off-street parking.

Fences and walls.

Signs.

Garages and storage buildings.

(5)

Satellite dish antennas. All satellite dish antennas shall be no larger than four feet in diameter, located on the principal structure, or as an accessory structure meeting accessory structure yard requirements stated below and located in the rear yard. For all practical purposes, satellite dish antennas shall not be seen from the front facade of the building or the street.

(6)

Temporary construction trailers and one sign not exceeding 50 square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction; beginning with the issuance of a construction permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, provided said trailer(s) and sign are on the site where construction is taking place and set back at least 10 feet from all street and lot lines.

(7)

Public utility cabinet(s) not exceeding three feet in height, with adequate landscaping screening as necessary and not located in sight triangle easements at street corner intersections. It is recommended that public utility cabinet(s) be located underground in watertight vaults. Suggested plant species are referenced in Appendix A.[2]

[2]

Editor's Note: Appendix A is on file in the City offices.

(8)

Solar energy systems (see § 276-76 through § 276-83).

(9)

Christmas tree sales. The annual sale of Christmas trees is permitted between December 1 and December 25, inclusive.

(10)

Public election voting places. The provisions of this chapter shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

(11)

Outdoor dining areas with tables on the sidewalk in front of or on the side of the non-automobile-oriented restaurant's premises. Outdoor dining areas shall take place on site but not be located in the public sidewalk and/or public street right-of-way for food markets and specialty food outlets, excluding those with window service for take-out fare. Examples include: delicatessens; bakeries; candy stores; ice cream stores; meat and/or seafood markets or take-out restaurants; food markets; non-automobile-oriented restaurants, defined as nonalcoholic-beverage-service restaurants with sit-down table service which exclude drive-in facilities and/or fast-food restaurants. Outside tables and seats may be situated outside of the building on the parcel/lot but not in the public/street right-of-way. No operation of a business in the 'SC Zoning District shall be located in such a way that less than five feet of paved sidewalk remains for the exclusive use of the traveled way for pedestrians, nor shall any such operation of the business or outside tables and seats project or protrude into, on or above the required five-foot-wide pedestrian passageway.

(a)

The hours of operation of outdoor dining areas shall be limited to the hours of operation of the associated restaurant. In no event shall hours of operation go past 12:00 midnight.

(b)

Outdoor dining is separate from a sidewalk cafe, as it is defined as any part of a food establishment located outdoors.

(c)

Adequate lighting shall be provided to promote safe passage of pedestrians and for patrons.

(d)

Awnings and/or umbrellas may be used in conjunction with the outdoor dining areas. Awnings shall be adequately secured. Awnings, including supporting structures, must be within the property line. The bottom of the awning shall be seven feet from the ground.

D.

Maximum building height. No building height shall exceed 36 feet in height from the base flood elevation (BFE) and a maximum of 2 1/2 stories, except as allowed in § 276-47.

(1)

The following structures may be erected above the heights prescribed by this chapter, but in no case shall the height of any of these appurtenances exceed a height equal to 10% more than the maximum height permitted for the particular use in the zoning district:

(a)

Decks; however, in no case shall a deck be permitted to be constructed higher than the floor of the existing top floor of a structure.

[Amended 6-8-2022 by Ord. No. 1880]

(b)

Skylights, spires, cupolas, flagpoles, chimneys or similar structures.

(c)

Safety enclosures of rooftop areas of hotels and motels used for sundecks and other recreational purposes.

(2)

Cellular telephone antennas and/or associated equipment are expressly excluded from this provision.

E.

Area and yard requirements.

Requirement		Shopping Centers
Principal building, minimum
	Lot area	50,000 square feet
	Lot frontage	200 feet
	Lot width	200 feet
	Lot depth	250 feet
	Side yard (each)	25 feet
	Front yard	100 feet
	Rear yard	50 feet
Accessory building, minimum
	Distance to side line	25 feet
	Distance to rear line	50 feet
	Distance to other building	20 feet
Maximum building coverage of principal building		60%
Floor area ratio		0.75
Impervious lot coverage		75%

F.

General requirements.

(1)

Any principal building may contain more than one permitted use and/or organization, provided that the total building coverage of the combined activities does not exceed the maximum building coverage specified for the district and, further, that each activity occupies a minimum gross floor area of 500 square feet for shopping center uses.

(2)

More than one principal building shall be permitted in shopping centers only. All buildings shall be separated by a minimum of 20 feet, provided such separation is to be used solely for pedestrian circulation. All buildings shall be separated by a minimum of 50 feet where any part of such separation is to be used for parking or vehicular circulation; however, the separation requirements should not be construed to prohibit covered pedestrian walkways when the roof or covering of such walkway extends between the buildings. Pedestrian circulation zones shall be marked with yellow cross-striping pavement markings and marked with signage such as "No Parking or Standing Zones" if adjacent to automobile traffic or parking areas.

(3)

All buildings on a single commercial site shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes.

(4)

Merchandise, products, equipment or similar materials or objects can be displayed or stored outside so long as the merchandise, products, equipment or similar materials or objects shall be located/installed in such a manner that they do not interfere with or are not located in the sidewalk area so as to prevent free travel of pedestrians. No operation of a business in the SC Zoning District shall be located in such a way that less than five feet of paved sidewalk remains for the exclusive use of the traveled way for pedestrians, nor shall any such operation of the business or outside tables and seats project or protrude into, on or above the required five-foot-wide pedestrian passageway.

(5)

All areas not utilized for buildings, parking, loading, access aisles, driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings and maintained in good condition. Suggested plant species are referenced in Appendix A.[3]

[3]

Editor's Note: Appendix A is on file in the City offices.

(6)

Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front yard of any principal structure and/or lot. Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front 50% of a side yard setback; and as to any such equipment that is located in a side yard setback, it shall be screened so as to not be visible from any street or adjoining property when viewed from ground level. Temporary (i.e., removable) window air-conditioning units and temporary ductless air-conditioning/HVAC compressor units that do not project more than one foot beyond the existing structure are permitted when incorporated into an existing building by way of renovation. Replacement of in-kind units, without any increase in footprint size, located in the setback area prior to the adoption of this section are exempt from this regulation.

(7)

Landscaping shall be provided in the front yard area and shall be reasonably distributed throughout the entire front yard area. Suggested plant species are referenced in Appendix A.[4]

[4]

Editor's Note: Appendix A is on file in the City offices.

(8)

Bicycle racks shall be located on the business site with a minimum capacity of seven bicycles. No locking mechanisms need to be provided. The racks shall be located/installed in such a manner that they do not interfere with or are not located in the public street right-of-way and/or sidewalk area.

G.

Minimum off-street parking.

(1)

Shopping centers shall provide parking at the ratio of one space per 200 square feet of gross floor area.

(2)

See § 276-35 for additional standards.

H.

Permitted signs.

(1)

Each shopping center may have one freestanding sign along each road which the tract in question abuts, provided there exists at least 200 feet of unbroken frontage. Such sign shall not exceed a height of 25 feet, shall be set back from the street rights-of-way and driveways at least 50 feet, shall be set back from any property line a minimum of 100 feet, shall not exceed an area of 150 square feet, and shall be used only to display the shopping center's name and/or individual store/use name(s).

(2)

Signage for shopping center and/or individual store/use name(s) shall be consolidated to one location wherever possible. Where uses share a common walkway, each use served by the walkway may have one additional sign, which shall be either attached flat against the building or be suspended in perpendicular fashion from the roof over the common walkway. Suspended signs shall be no closer than eight feet at their lowest point to the finished grade level below them. No such sign shall exceed 10 square feet in area.

(3)

All signs in a shopping center shall conform in character with all other signs in the complex and shall blend with the overall architectural scheme of the shopping center.

(4)

See § 276-40 for additional standards.

I.

Minimum off-street loading; trash and garbage locations.

(1)

The need for, location and design of off-street loading and unloading areas shall be considered and determined at the time of site plan review. Off-street loading and unloading areas shall take place on site but not in the public street right-of-way.

(2)

The need for, location and design of trash and garbage locations shall be considered and determined at the time of site plan review. Recycling, trash and garbage loading and unloading areas shall take place on site but not in the public street right-of-way.

(3)

Each use must include provisions for the collection, disposition and recycling of recyclable materials, including newspapers, leaves, white high-grade paper, glass bottles and jars, aluminum, corrugated cardboard, and tin and bimetal cans. The amount of recyclable material generated weekly by each use shall be quantified and reviewed during site plan review to determine whether the storage area to contain a week's accumulation of recyclable material is adequate in size and location. The storage area shall be designed for truck access for pickup of materials and be suitably screened from view if located outside a building. Recycling, trash and garbage loading and unloading areas shall be marked with yellow cross-striping pavement markings and marked with signage such as "No Parking or Standing Zones" if adjacent to automobile traffic or parking areas.

A.

Purpose statement.

(1)

The purpose of the BB Bayside Business Zone is to provide for an appropriate mix of water-dependent uses designed to maximize the use of the City's bayside waterfront and to enhance the opportunities for economic development in the form of ecotourism in the City.

(2)

In addition to the regulations established herein, the expansion, extension, improvement or renovation of structures and properties of the BB Zoning District may be subject to the requirements of the Coastal Area Review Act (N.J.A.C. 7:7E-1.1 et seq.)[1] (CAFRA) and the New Jersey Department of Environmental Protection Waterfront Development Regulations, as well as other relevant regulations of governmental agencies having jurisdiction over lands within the boundary of tidal waters.

[1]

Editor's Note: The provisions of N.J.A.C. 7:7E-1.1 through 1.5 were repealed by R.2015 d.108.

(3)

The zone boundary lines for the Bayside Business (BB) Zoning District are to be modified to reflect current parcel geometry.

B.

Principal permitted uses and structures on the land and in buildings:

(1)

Water-dependent uses (as defined in § 276-7).

(a)

Development that cannot physically function without direct access to the body of water along which it is proposed. Uses, or portions of uses, that can function on sites not adjacent to the water are not considered water-dependent, regardless of the economic advantages that may be gained from a waterfront location. Maritime activity, commercial fishing, public waterfront recreation and marinas are examples of water-dependent uses, but only the portion of the development requiring direct access to the water is water-dependent. The test for water dependency shall assess both the need of the proposed use for access to the water and the capacity of the proposed water body to satisfy the requirements and absorb the impacts of the proposed use. A proposed use will not be considered water-dependent if either the use can function away from the water or if the water body proposed is unsuitable for the use. For example, in a maritime operation, a dock or quay and associated unloading area would be water-dependent, but an associated warehouse would not be water-dependent.

(b)

Examples of water-dependent uses include, but are not limited to: docks; piers; marina activities requiring access to the water, such as launching, commissioning or decommissioning of new and/or used boats and/or watercraft; boat storage/repair; automobile parking for persons participating in a water-dependent activity; port activities requiring the loading and unloading of boats; residential uses limited to vessels designed and manufactured for such purpose, registered as a vessel by the State of New Jersey, provided that such vessels are able to navigate under their own power or by sail and are connected to municipal or otherwise approved water and sanitary infrastructure (portable sanitary facilities are expressly prohibited in meeting this test); and water-borne recreational activities.

(c)

Examples of uses which are not water-dependent include but are not limited to: land-based housing; hotels and motels; warehousing; manufacturing facilities; automobile parking for persons not participating in a water-dependent activity; and non-water-borne recreational activities.

(2)

Watercraft sales and rentals and ancillary uses commonly associated with such use.

(3)

Water-oriented uses (see § 276-7 for definition) as conditional uses under N.J.S.A. 40:55D-67, provided that the following conditional use facilities take full advantage of any waterfront location:

(a)

Hotels and motels, (see § 276-7 for definition).

[Amended 5-17-2022 by Ord. No. 1878]

[1]

The hotel or motel structure shall:

[a]

Maintain a public lobby/front desk area or registration (check-in) and information station (front desk) serving hotel/motel guests and the general public with in-house staff available on a twenty-four-hour basis.

[b]

Maintain a linen closet, ice machine and beverage/candy vending area, at a minimum, on alternating floors.

[c]

The structure may provide the following amenities: restaurants, banquet or dining rooms, conference rooms, swimming pools and other aquatic facilities designed for use on a year-round basis, room service, linen service and other normal and customary elements to such facilities.

[d]

Be designed with back-of-the-house linen and garbage chutes accessing all floors.

[e]

Maintain full-time, on-site staff and management.

[f]

Maintain a published business phone number and, to the extent that such advertising is part of the facilities' business model, advertise daily rentals and hotel-like services to the general public.

[g]

Pay sales tax, use tax and tourism room tax as required by the Tourism Improvement and Development District Act (N.J.S.A. 40:54D-1 et seq.).

[h]

Be designed and managed such that each utility (water, sewer, electric, natural gas, telephone and cable television) servicing a hotel or motel structure shall commonly meter its service to all units within such structure and shall commonly bill such service to the hotel or motel management entity.

[2]

Hotels and motels which are converted to and/or owned in the form of a Condominium Association, commonly referred to as "condotels," consisting of individually owned units within a hotel or motel structure shall be subject to the foregoing and the following regulations:

[a]

"Individually owned hotel or motel units" shall be defined as a privately owned unit(s) within a hotel or motel structure which are made available for sale to the general public for investment purposes only. These units shall be rented, used, let, or hired out for compensation, exclusively for transient occupancy by the general public, by reservation or walk-up without reservations, on a daily or weekly basis, but in any case, without a lease, for occupancy of not less than one night nor more than 20 continuous nights.

[b]

These units shall not be used for any primary residential purpose on either a temporary or permanent basis.

[c]

The renting of units within hotels and motels which are converted to and/or owned in the form of a Condominium Association shall be handled exclusively through a central office maintained by the Condominium Association.

(b)

Eating and drinking establishments, including restaurants and specialty food outlets (including those with window service for take-out fare), but excluding drive-in or fast-food restaurants.

(c)

Bars (defined as an establishment serving alcoholic beverages, but not food) and taverns (defined as an establishment serving alcoholic beverages and cooked-to-order food which is prepared and served on the premises).

(d)

Specialized entertainment venues, such as theaters, arenas, amphitheaters, aquariums, museums (cultural or popular), and other like and similar attractions.

(e)

Public utilities' central substations (see § 276-7 for definition), subject to the following:

[1]

The proposed installation in a specific location must be necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located;

[2]

The design of any structure in connection with such facility must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding area;

[3]

Adequate fencing and other safety devices shall be provided and shall be installed in accordance with the applicable requirements of the New Jersey Board of Public Utilities and/or other applicable codes. Barbed-wire-topped fences or similar trespassing-deterrent devices are expressly discouraged; and

[4]

Off-street parking shall be provided as determined by the needs of the facility.

(4)

Age-restricted housing (see § 276-7 for definition).

(5)

New detached single-family dwelling units, single-family semidetached (duplex) dwelling units and two-family stacked (multistory) dwelling units will be permitted subject to the following area, yard, height and off-street parking standards:

(a)

Area and yard requirements.

[Amended 4-7-2020 by Ord. No. 1796]

Category		Detached Single-Family Dwellings	Single-Family Semidetached (Duplex); Two-Family Stacked (Multistory)
Principal building, minimum
	Lot area	4,000 square feet	6,000 square feet
	Lot frontage	40 feet	60 feet
	Lot width	40 feet	60 feet
	Lot depth	100 feet	100 feet
	Side yard (each)^1,2	6 feet	10 feet
	Front yard^1,2,3	10 feet	10 feet
	Rear yard^1,2,3	10 feet	10 feet
Maximum building coverage (all buildings)		70%	70%
Maximum impervious lot coverage (all buildings and impermeable surfaces)		80%	80%
Accessory building, minimum
	Distance to side line	4 feet	4 feet
	Distance to rear line	4 feet	4 feet
	Distance to other building	8 feet	8 feet

NOTES:
¹	For existing detached single-family dwelling units which were constructed prior to 1986 and for structures containing two units, both of which are single-family dwelling units (i.e., residential duplexes) which were constructed prior to 1986, new open porches, open above-ground decks, stairs, stair landings and/or steps providing access to the first floor of the structure shall be permitted to extend into the front yard setback area, but if so extended, a minimum distance of 5 feet to all property lines shall be maintained.
²	Eaves, cornices or overhangs more than 10 feet above lot grade may project into yard setback areas a maximum of 24 inches. In order to create an aesthetically pleasing building facade along the side of a building which fronts a street, bay windows or other architectural detailing more than 10 feet above lot grade may extend into the front yard setback a maximum of 24 inches.

NOTES:

¹

For existing detached single-family dwelling units which were constructed prior to 1986 and for structures containing two units, both of which are single-family dwelling units (i.e., residential duplexes) which were constructed prior to 1986, new open porches, open above-ground decks, stairs, stair landings and/or steps providing access to the first floor of the structure shall be permitted to extend into the front yard setback area, but if so extended, a minimum distance of 5 feet to all property lines shall be maintained.

²

Eaves, cornices or overhangs more than 10 feet above lot grade may project into yard setback areas a maximum of 24 inches. In order to create an aesthetically pleasing building facade along the side of a building which fronts a street, bay windows or other architectural detailing more than 10 feet above lot grade may extend into the front yard setback a maximum of 24 inches.

(b)

Maximum building height. No building height shall exceed 36 feet, or three stories, whichever is less, in height from the base flood elevation (BFE), except as allowed as follows:

[1]

Height limits. The following structures may be erected above the heights prescribed by this chapter, but in no case shall the height of any of these appurtenances exceed a height equal to 10% more than the maximum height permitted for the particular use in the zoning district:

[a]

Decks; however, in no case shall a deck be permitted to be constructed higher than the floor of the existing top floor of a structure.

[Amended 6-8-2022 by Ord. No. 1880]

[b]

Skylights, spires, cupolas, flagpoles, chimneys or similar structures.

[c]

Safety enclosures of rooftop areas of hotels and motels used for sundecks and other recreational purposes.

[2]

Cellular telephone antennas and/or associated equipment are expressly excluded from this provision.

(c)

Minimum off-street parking. Each individual use shall provide parking spaces according to the following minimum provisions:

[1]

All dwelling units described in this chapter shall provide parking spaces in accordance with the standards established by the New Jersey Residential Site Improvement Standards (RSIS) (N.J.S.A. 5:21-1 et seq.). RSIS standards include parking requirements for residential uses based on unit (bedroom) size. If the applicant/developer does not specify the number of bedrooms per dwelling unit, then each dwelling unit shall be subject to the RSIS parking space requirements for a four-bedroom dwelling unit.

[2]

Places of worship shall provide one space per every three permanent seats. (One seat shall be considered 22 inches in calculating the capacity of pews or benches.)

[3]

See § 276-35, Off-street parking, loading areas and driveway, for additional standards.

(6)

Wireless antennas, provided that new antennas utilize co-location or are installed on existing structures.

C.

Accessory uses permitted:

Off-street parking.

Fences and walls.

Signs.

Off-street parking and private garages [see § 276-22G hereinbelow and § 276-35 (Off-street parking, loading areas and driveways)]. Detached garages to the principal structure shall require the front of the garage to be set back a minimum of 20 feet from the front facade of the principal structure, not exceeding 15 feet in height, and altogether not exceeding 400 square feet in gross floor area.

(5)

Satellite dish antennas. All satellite dish antennas shall be no larger than four feet in diameter, located on the principal structure, or as an accessory structure meeting accessory structure yard requirements stated below and located in the rear yard. For all practical purposes, satellite dish antennas shall not be seen from the front facade of the building or the street.

(6)

Recreational facilities as are usual and customary to a permitted principal use.

(7)

Temporary construction trailers and one sign not exceeding 50 square feet advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction, beginning with the issuance of a construction permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, provided said trailer(s) and sign are on the site where construction is taking place and set back at least 10 feet from all street and lot lines.

(8)

For lots which abut the City's canals or bayside waterways, boat slips for the tie-up of private boats owned and/or used by the residents of the premises and/or rented to other private individuals on a contractual basis. All boats shall be licensed as required with the appropriate agencies.

(9)

Public utility cabinet(s) not exceeding three feet in height, with adequate landscaping screening as necessary and not located in sight triangle easements at street corner intersections. It is recommended that public utility cabinet(s) be located underground in watertight vaults. Suggested plant species are referenced in Appendix A.[2]

[2]

Editor's Note: Appendix A is on file in the City offices.

(10)

Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front yard of any principal structure and/or lot. Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front 50% of a side yard setback; and as to any such equipment that is located in a side yard setback, it shall be screened so as to not be visible from any street or adjoining property when viewed from ground level. Temporary (i.e., removable) window air-conditioning units and temporary ductless air-conditioning/HVAC compressor units that do not project more than one foot beyond the existing structure are permitted when incorporated into an existing building by way of renovation. Replacement of in-kind units, without any increase in footprint size, located in the setback area prior to the adoption of this section are exempt from this regulation.

(11)

Solar energy systems (see Article XII).

(12)

Christmas tree sales. The annual sale of Christmas trees is permitted between December 1 and December 25, inclusive.

(13)

Public election voting places. The provisions of this chapter shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

(14)

Outdoor dining areas with tables on the water's edge of the property and/or sidewalk in front of or on the side of the non-automobile-oriented restaurants and specialty food outlets premises. Outdoor dining areas shall take place on site but not be located in the public sidewalk and/or public/street right-of-way for permitted uses, unless approved by Mayor and Council. Examples include: meat and/or seafood restaurants or take-out establishments; non-automobile-oriented restaurants, defined as nonalcoholic-beverage-service restaurants with sit-down table service which exclude drive-in facilities and/or fast-food restaurants. Outside tables and seats may be situated outside of the building on the parcel/lot, or on elevated and/or floating docks, but not in the public/street right-of-way, unless approved by Mayor and Council. No operation of a business in the BB Zoning District shall be located in such a way that less than five feet of paved sidewalk remains for the exclusive use of the traveled way for pedestrians, nor shall any such operation of the business or outside tables and seats project or protrude into, on or above the required five-foot-wide pedestrian passageway.

(a)

The hours of operation of outdoor dining areas shall be limited to the hours of operation of the associated restaurant. In no event shall hours of operation go past 12:00 midnight.

(b)

Outdoor dining is defined as any part of a food establishment located outdoors. See also § 276-22G. Outdoor dining is permitted in locations subject to the exclusive approval of the Mayor and Council. The inclusion of outdoor dining will not require any additional parking based upon the number of permitted tables and/or permitted seats.

(c)

Parklets shall be permitted in locations subject to the exclusive approval of the Mayor and Council.

(d)

Adequate lighting shall be provided to promote safe passage of pedestrians and for patrons.

(e)

Awnings and/or umbrellas may be used in conjunction with the outdoor dining areas. Awnings shall be adequately secured. Awnings, including supporting structures, must be within the property line. The bottom of the awning shall be seven feet from the ground.

(f)

Dockage for recreational boats is permitted, where legally part and parcel to the property. Adequate staff to assist in docking is required. Adequate dockage security is needed for eating, drinking establishments and bars to screen patrons below the minimum alcoholic beverage age entering the establishment from waterside dockage.

D.

Maximum building height. Hotels and motels are permitted to a maximum building height of 65 feet from the base flood elevation (BFE) or six stories, whichever is less. No other permitted use shall have a building height that shall exceed 36 feet in height from the BFE or three stories, whichever is less, except as follows:

(1)

The following structures may be erected above the heights prescribed by this chapter, but in no case shall the height of any of these appurtenances exceed a height equal to 10% more than the maximum height permitted for the particular use in the zoning district:

(a)

Decks; however, in no case shall a deck be permitted to be constructed higher than the floor of the existing top floor of a structure.

[Amended 6-8-2022 by Ord. No. 1880]

(b)

Skylights, spires, cupolas, flagpoles, chimneys or similar structures.

(c)

Safety enclosures of rooftop areas of hotels and motels used for sundecks and other recreational purposes.

(2)

Cellular telephone antennas and/or associated equipment are expressly excluded from this provision.

E.

Area and yard requirements.

Category		Requirement
Principal buildings, minimum
	Lot area	3,000 square feet
	Lot frontage¹	30 feet
	Lot width¹	30 feet
	Lot depth	100 feet
	Side yard (each)	6 feet
	Front yard	10 feet
	Rear yard	15 feet
Maximum coverage of principal building		60%
Maximum lot (impervious) coverage		75%
Accessory building, minimum
	Distance to side line	4 feet
	Distance to rear line	4 feet
	Distance to other building	4 feet
Floor area ratio		0.75

NOTES:
¹	No building or addition constructed thereon shall be constructed under this subsection on a lot less than 30 feet wide without variance relief.

F.

General requirements.

(1)

Any principal building may contain more than one permitted use and/or organization, provided that the total building coverage of the combined activities does not exceed the maximum building coverage specified for the district and, further, that any building shall have a maximum of three permitted uses within it, and that each activity occupies a minimum gross floor area of 750 square feet for individual uses.

(2)

Merchandise, products, equipment or similar materials or objects can be displayed or stored outside so long as the merchandise, products, equipment or similar materials or objects shall be located/installed in such a manner that they do not interfere with or are not located in the sidewalk and/or sidewalk area to prevent free travel of pedestrians.

(3)

All areas not utilized for buildings, parking, loading, access aisles, driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings and maintained in good condition. Suggested plant species are referenced in Appendix A.[3]

[3]

Editor's Note: Appendix A is on file in the City offices.

(4)

The conditional uses in the BB District shall be subject to review by the Planning Board for a determination of the appropriateness of the proposed use as it relates to existing adjoining uses and the community at large.

(5)

No use creating a nuisance as determined by the City under applicable codes and regulations shall be permitted.

(6)

Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front yard of any principal structure and/or lot. Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front 50% of a side yard setback; and as to any such equipment that is located in a side yard setback, it shall be screened so as to not be visible from any street or adjoining property when viewed from ground level. Temporary (i.e., removable) window air-conditioning units and temporary ductless air-conditioning/HVAC compressor units that do not project more than one foot beyond the existing structure are permitted when incorporated into an existing building by way of renovation. Replacement of in-kind units, without any increase in footprint size, located in the setback area prior to the adoption of this section are exempt from this regulation.

(7)

Landscaping shall be provided in the front yard area and shall be reasonably distributed throughout the entire front yard area. Suggested plant species are referenced in Appendix A.[4]

[4]

Editor's Note: Appendix A is on file in the City offices.

(8)

Bicycle racks shall be located on the business site, with a minimum capacity of seven bicycles. No locking mechanisms need to be provided. The racks shall be located/installed in such a manner that they do not interfere with or are not located in the public/street right-of-way and/or sidewalk area.

G.

Minimum off-street parking. Each individual use shall provide parking spaces according to the following minimum provisions. Where a permitted use of land includes different specific activities with different specific parking requirements, the total number of required parking spaces shall be obtained by individually computing the parking requirements for each different activity and adding the resulting numbers together.

(1)

Water-dependent uses, watercraft sales and rentals and ancillary uses shall provide parking at the ratio of one space per 150 square feet of gross floor area.

(2)

Hotels and motels shall provide two spaces per room, plus one space for every 10 seats provided in ancillary restaurant and convention facilities.

(3)

Eating and drinking establishments, including restaurants and specialty food outlets, bars and taverns shall provide a minimum of one space for every four seats, but in all cases a sufficient number of spaces to prevent any parking along public rights-of-way or private driveways, fire lanes and aisles.

(4)

Water-dependent uses and any other permitted uses shall provide parking as determined during site plan review.

(5)

Outdoor seating/dining areas intended for use during spring, summer and autumn months shall not be considered when calculating the number of parking spaces required by this subsection.

(6)

All residential dwelling units described in this chapter shall provide parking spaces in accordance with the standards established by the New Jersey Residential Site Improvement Standards (RSIS) (N.J.S.A. 5:21-1 et seq.). RSIS standards include parking requirements for residential uses based on unit (bedroom) size. If the applicant/developer does not specify the number of bedrooms per dwelling unit, then each dwelling unit shall be subject to the RSIS parking space requirements for a four-bedroom dwelling unit.

(7)

See § 276-35 for additional standards.

H.

Permitted signs.

(1)

Each individual use in an individual building may have one primary sign attached to the building not exceeding an area equivalent to 5% of the first-floor portion of the front facade or 50 square feet, whichever is smaller. Each individual use may have one freestanding sign along each road on which the tract in question abuts. Such sign shall not exceed a height of 25 feet, shall be set back from the street rights-of-way and driveways at least five feet, or shall be set back from any property line a minimum of five feet, shall not exceed an area of 150 square feet, and shall be used only to display the individual activity name. Where an individual activity has direct access from the outside, a sign not exceeding four square feet identifying the name of the activity may also be attached to the building at the entrance to the activity.

(2)

Bars and taverns in an individual building may have one primary sign attached to the building not exceeding an area equivalent to 5% of the first-floor portion of the front facade or 50 square feet, whichever is smaller. Each individual use may have one freestanding sign along each road on which the tract in question abuts. Such sign shall not exceed a height of 25 feet, shall be set back from the street rights-of-way and driveways at least five feet, or shall be set back from any property line a minimum of five feet, shall not exceed an area of 150 square feet, and shall be used only to display the individual activity name. Where an individual activity has direct access from the outside, a sign not exceeding four square feet identifying the name of the activity may also be attached to the building at the entrance to the activity. Eating and drinking establishments, including restaurants and specialty food outlets, and bars and taverns shall have a total maximum of 500 square feet of signage on the property.

(3)

"Open for business" window signs, if located in a storefront window, shall be excluded from the overall sign calculations as long as the sign does not exceed 10 square feet in area. Signs, typically the A-frame/sandwich-board style, ancillary to the permitted use shall be permitted on the sidewalk area, at the curb or against the building wall. The sign shall not exceed four square feet, identifying the name of the location, exclusive of the cumulative sign square feet requirement. No operation of a business in the BB Zoning District shall be located in such a way that less than five feet of paved sidewalk remains for the exclusive use of the traveled way for pedestrians, nor shall any such operation of the business or outside tables and seats project or protrude into, on or above the required five-foot-wide pedestrian passageway. Signs in this style shall be a maximum of eight square feet. All signs as permitted by this subsection must be removed when the business is closed for operation. On corner properties/street intersections, no handicapped sidewalk curbs ramps shall be blocked by said signs.

(4)

Temporary sign banners, such as "clearance," "sale," "end of year," etc., are permitted to be attached to the building facade so long as the banner is not posted for more than 10 calendar days.

(5)

All signs on one property shall conform in character with all other signs in the complex and shall blend with the overall architectural scheme of the property.

(6)

All exterior signs shall identify uses, activities or functions of the development on which the sign is located. No advertising of any product, use or activity outside of the development is permitted.

(7)

Signage for similar project elements on one property shall be coordinated and similarly themed to provide a unifying style. All signs for individual uses shall conform in character with all other signs on the property. This regulation shall not be construed to mean that all signs must be identical or to prohibit unique sign designs where necessary and appropriate, but rather that, absent specific justification (i.e., branding/themeing requirements for themed retail outlets or food and beverage outlets), sign design shall be complementary and consistent.

(8)

No vacant signs or sign boxes shall be permitted. Where vacancies occur, corresponding signage shall be immediately replaced with general development or other appropriate signage. Similarly, any sign which falls into a state of disrepair shall immediately be repaired or replaced.

(9)

All signs must be professionally designed and constructed. Homemade-type plywood, coroplast or cardboard signs or home-computer-generated-type signs are expressly prohibited.

(10)

Sign lighting shall be appropriate for the type and style of sign proposed and may include LED, neon or other illumination. Similarly, the use of neon lighting or similar material to create sculptural logo or iconographic images is encouraged.

(11)

See § 276-40 for additional standards.

I.

Minimum off-street loading; trash and garbage locations.

(1)

The need for, location and design of off-street loading and unloading areas shall be considered and determined at the time of site plan review. Off-street loading and unloading areas shall take place on site but not in the public street right-of-way.

(2)

The need for, location and design of trash and garbage locations shall be considered and determined at the time of site plan review. Recycling, trash and garbage loading and unloading areas shall take place on site but not in the public street right-of-way.

(3)

Each use must include provisions for the collection, disposition and recycling of recyclable materials, including newspapers, leaves, white high-grade paper, glass bottles and jars, aluminum, corrugated cardboard, and tin and bimetal cans. The amount of recyclable material generated weekly by each use shall be quantified and reviewed during site plan review to determine whether the storage area to contain a week's accumulation of recyclable material is adequate in size and location. The storage area shall be designed for truck access for pickup of materials and be suitably screened from view if located outside a building.

(4)

Recycling, trash and garbage loading and unloading areas shall be marked with yellow cross-striping pavement markings and marked with signage and as "No Parking or Standing Zones" if adjacent to automobile traffic or parking areas.

[Added 4-7-2020 by Ord. No. 1805]

A.

Purpose statement.

(1)

The purpose of the North Wildwood Marina Zoning District is to replace the current Bayside-Business (BB) Zoning District in and around the City's bayside boat launching ramp and parking facilities situate on Block 154 and adjacent to the North Wildwood Marina site on Block 152, and to more effectively provide for an appropriate mix of water-dependent and water-oriented uses designed to maximize the use of the City's bayside waterfront, including vertical development, and to enhance the opportunities for economic development in the form of new and expanded housing, dining and recreational facilities in the City as part of the City's comprehensive development scheme.

(a)

The North Wildwood Urban Enterprise Zone Plan pursuant to N.J.S.A. 52:27H-60 et seq. (the UEZ Law) shall continue and not be affected by the creation of the North Wildwood Marina Zoning District and its replacement of the current Bayside-Business (BB) Zoning District. In addition, a portion of consolidated Block 152 constitutes an area in need of redevelopment and overlay zone pursuant to N.J.S.A. 40A:12A-1 et seq. (the Local Redevelopment Law). The City adopted its Redevelopment Plan for Block 152 on May 7, 1996, pursuant to City Ordinance No. 1231 to authorize development of affordable senior citizen multifamily housing ("redevelopment project"). Thereafter, in furtherance of a restructuring and rehabilitation plan for the redevelopment project approved by the New Jersey Super Court, Chancery Division, in Manufacturers and Traders Trust Co. v. Marina Bay Towers Urban Renewal, L.P. (Docket No. CPM-F-04999-14) ("M&T Matter") and the attendant public purposes, interests and benefits discussed by the Court in the M&T Matter, which include, among other things, the restoration of the maximum number of affordable dwelling units determined by the Court to be feasible (the "restructuring plan"), the City took action pursuant to City Ordinances Nos. 1803 and 1804, respectively, to amend the 1996 Redevelopment Plan ("amended redevelopment plan") in connection with the redevelopment project, as well as the adjacent existing marina and restaurant structures and infrastructure (collectively, the "Phase I project" as more particularly set forth in the amended redevelopment plan) and the financial agreement for payment in lieu of taxes ("first amendment to financial agreement") to facilitate the restructuring plan and resolve litigation between the City and property ownership interests. In addition, the City has adopted Ordinance No. 1807, partially vacating Fifth Avenue and New York Avenue at the north and northeastern perimeter of Block 152 to enhance the new district's ability to be more flexibly and efficiently developed. In the event of any conflict between this section and the amended redevelopment plan with respect to development and implementation of the Phase I project pursuant to the amended redevelopment plan, the amended redevelopment plan shall control. In adopting this section and the associated ordinances referenced hereinabove, the City recognizes and accepts the public purpose found by the Chancery Division and affirmed by the Appellate Division in the M&T Matter in restoring and maximizing the number of affordable housing units in the restructuring plan which is now final. In particular, the Chancery Division judge observed there was a "vital public interest" involved in providing affordable senior housing, and believed that any further delay of the case was "against [the] public policy of the State." (App. Div. Opinion in the M&T Matter, page 28.) In addition, the Court found that a "strong public interest" is at risk of deprivation to all concerned, and authorized the restructuring plan; the Appellate Division noted that the Chancery Court in ordering the restructuring plan appropriately exercised its equitable powers "with the express goal of maximizing the amount of affordable units available . . . [and] to better effectuate the important goal of re-establishing a vital housing resource and to ensure the greatest number of affordable units are preserved". (Memorandum of Decision in the M&T Matter, page 40; App. Div. Opinion, pages 68-69.) This section and associated ordinances are being adopted for, among other municipal planning objectives, the purposes of settling and resolving long-standing litigation with the ownership interests, which resolution is designed to enhance the feasibility and more cost effective and efficient implementation of the restructuring plan that the Court deemed a vital public interest, without further delay.

(b)

In October 2018, the City adopted its most recent Master Plan Reexamination Report which continued the City's policy to review and revise land use ordinances to encourage and implement the City's policy of balancing of economic development and the changing demands of the tourist economy with the need to maintain the City of North Wildwood as a premier shore resort destination as well as a year-round community. Those policies include the establishment, within the Land Use Plan and Land Development Ordinance, appropriate locations and standards for encouraging: vertical development including modifying the Land Use Plan and Land Development Ordinance consistent with the direction recommended by NJDEP as a basis for permitted vertical development in the City thereby maximizing the City's ratable base and providing for long-term tax stability; improve the marina area by improving public access with expanded waterfront walkways in connection with the private North Wildwood Marina complex neighboring the City's boat launch ramp and parking facilities on Block 154 which is zoned ROSE Recreation. In addition to the reasons set forth above herein, it is the goal that the creation of the North Wildwood Marina Zoning District be in furtherance and implementation of these objectives.

(2)

In addition to the regulations established herein, the expansion, extension, improvement or renovation of structures and properties of the North Wildwood Marina Zoning District may be subject to the requirements of the Coastal Area Review Act (N.J.A.C. 7:7E-1.1 et seq.)[1] (CAFRA) and the New Jersey Department of Environmental Protection Waterfront Development Regulations, as well as other relevant regulations of governmental agencies having jurisdiction over lands within the boundary of tidal waters.

[1]

Editor's Note: The provisions of N.J.A.C. 7:7E-1.1 through 1.5 were repealed by R.2015 d.108.

(3)

The zone boundary lines for the North Wildwood Marina Zoning District are to be modified to reflect current parcel geometry.

B.

Principal permitted uses and structures on the land and in buildings:

(1)

Water-dependent uses (as defined in § 276-7).

(a)

Development that cannot physically function without direct access to the body of water along which it is proposed. Uses, or portions of uses, that can function on sites not adjacent to the water are not considered water-dependent, regardless of the economic advantages that may be gained from a waterfront location. Maritime activity, commercial fishing, public waterfront recreation and marinas are examples of water-dependent uses, but only the portion of the development requiring direct access to the water is water-dependent. The test for water dependency shall assess both the need of the proposed use for access to the water and the capacity of the proposed water body to satisfy the requirements and absorb the impacts of the proposed use. A proposed use will not be considered water-dependent if either the use can function away from the water or if the water body proposed is unsuitable for the use. For example, in a maritime operation, a dock or quay and associated unloading area would be water-dependent, but an associated warehouse would not be water-dependent.

(b)

Examples of water-dependent uses include, but are not limited to, docks; piers; marina activities requiring access to the water, such as launching, commissioning or decommissioning of new and/or used boats and/or watercraft; boat storage/repair; automobile parking for persons participating in a water-dependent activity; port activities requiring the loading and unloading of boats; residential uses limited to vessels designed and manufactured for such purpose, registered as a vessel by the State of New Jersey, provided that such vessels are able to navigate under their own power or by sail and are connected to municipal or otherwise approved water and sanitary infrastructure (portable sanitary facilities are expressly prohibited in meeting this test); and water-borne recreational activities.

(c)

Examples of uses which are not water-dependent include, but are not limited to, land-based housing; hotels and motels; warehousing; manufacturing facilities; automobile parking for persons not participating in a water-dependent activity; and non-water-borne recreational activities.

(2)

Watercraft sales and rentals and ancillary uses commonly associated with such use.

(3)

Water-oriented uses (see § 276-7 for definition) as conditional uses under N.J.S.A. 40:55D-67, provided that the following conditional use facilities take full advantage of any waterfront location:

(a)

Hotels and motels (see § 276-7 for definition) [NOTE: This use qualifies to apply for a liquor license pursuant to the requirements of N.J.S.A. 33:1-12.20 provided that the statutory requirements are met.]

(b)

Eating and drinking establishments, including restaurants and specialty food outlets (including those with window service for take-out fare), but excluding drive-in or fast-food restaurants.

(c)

Bars (defined as an establishment serving alcoholic beverages, but not food) and taverns (defined as an establishment serving alcoholic beverages and cooked-to-order food which is prepared and served on the premises).

(d)

Specialized entertainment venues, such as theaters, arenas, amphitheaters, aquariums, museums (cultural or popular), and other like and similar attractions.

(e)

Public utilities' central substations (see § 276-7 for definition), subject to the following:

[1]

The proposed installation in a specific location must be necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located;

[2]

The design of any structure in connection with such facility must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding area;

[3]

Adequate fencing and other safety devices shall be provided and shall be installed in accordance with the applicable requirements of the New Jersey Board of Public Utilities and/or other applicable codes. Barbed-wire-topped fences or similar trespassing-deterrent devices are expressly discouraged; and

[4]

Off-street parking shall be provided as determined by the needs of the facility unless otherwise regulated herein or pursuant to the amended redevelopment plan as applicable by its terms and provisions.

(4)

Age-restricted and non-age-restricted housing (see § 276-7 for definition).

(5)

New construction.

(a)

New detached single-family dwelling units, single-family semidetached (duplex) dwelling units, and two-family stacked (multistory) dwelling units will be permitted subject to the following area, yard, height and off-street parking standards:

[1]

Area and yard requirements.

Category	Detached Single-Family Dwellings	Single-Family Semidetached (Duplex); Two-Family Stacked (Multistory)
Principal building, minimum
Lot area	4,000 square feet	6,000 square feet
Lot frontage	40 feet	60 feet
Lot width	40 feet	60 feet
Lot depth	100 feet	100 feet
Side yard (each)^{1, 2}	6 feet	10 feet
Front yard^{1, 2}	10 feet	10 feet
Rear yard^{1, 2}	10 feet	10 feet
Maximum building coverage (all buildings)	70%	70%
Maximum impervious lot coverage (all buildings and impermeable surfaces)	80%	80%
Accessory building, minimum
Distance to side line	4 feet	4 feet
Distance to rear line	4 feet	4 feet
Distance to other building	8 feet	8 feet

NOTES:
¹	Existing stairs and porches may be replaced with identical stairs and porches regardless of the setback requirements of the district in which the subject property is located. For new construction/reconstruction of open porches, stairs and/or steps, they must meet applicable zoning requirements and shall require a zoning and/or construction permit where required, as applicable, in order to permit construction in this regard.
²	Eaves, cornices or overhangs more than 10 feet above lot grade may project into yard setback areas a maximum of 24 inches. In order to create an aesthetically pleasing building facade along the side of a building which fronts a street, bay windows or other architectural detailing more than 10 feet above lot grade may extend into the front yard setback a maximum of 24 inches.

NOTES:

¹

Existing stairs and porches may be replaced with identical stairs and porches regardless of the setback requirements of the district in which the subject property is located. For new construction/reconstruction of open porches, stairs and/or steps, they must meet applicable zoning requirements and shall require a zoning and/or construction permit where required, as applicable, in order to permit construction in this regard.

²

Eaves, cornices or overhangs more than 10 feet above lot grade may project into yard setback areas a maximum of 24 inches. In order to create an aesthetically pleasing building facade along the side of a building which fronts a street, bay windows or other architectural detailing more than 10 feet above lot grade may extend into the front yard setback a maximum of 24 inches.

[2]

Maximum building height. No building height shall exceed 36 feet, or three stories, whichever is less, in height from the base flood elevation (BFE), except as allowed as follows:

[a]

Height limits. The following structures may be erected above the heights prescribed by this chapter, but in no case shall the height of any of these appurtenances exceed a height equal to 10% more than the maximum height permitted for the particular use in the zoning district:

[i]

Decks; however, in no case shall a deck be permitted to be constructed higher than the floor of the existing top floor of a structure.

[Amended 6-8-2022 by Ord. No. 1880]

[ii]

Skylights, spires, cupolas, flagpoles, chimneys or similar structures.

[iii]

Safety enclosures of rooftop areas of hotels and motels used for sundecks and other recreational purposes.

[b]

Cellular telephone antennas and/or associated equipment are expressly excluded from this provision.

[3]

Minimum off-street parking. Each individual use shall provide parking spaces according to the following minimum provisions:

[a]

Dwelling units described in this chapter shall provide parking spaces in accordance with the standards established by the New Jersey Residential Site Improvement Standards (RSIS) (N.J.S.A. 5:21-1 et seq.). RSIS standards include parking requirements for residential uses based on unit (bedroom) size. If the applicant/developer does not specify the number of bedrooms per dwelling unit, then each dwelling unit shall be subject to the RSIS parking space requirements for a four-bedroom dwelling unit.

[b]

Places of worship shall provide one space per every three permanent seats. (One seat shall be considered 22 inches in calculating the capacity of pews or benches).

[c]

See § 276-35, Off-street parking, loading areas and driveways, for additional standards.

(b)

New multifamily dwelling unit high-rise and/or hotel high-rise construction situated on the northern portion of consolidated Block 152 Lot 1¹ fronting New York Avenue, as delineated on the schedule below (the "Phase II Development Area"), will be permitted subject to the following area, yard, height and off-street parking standards: [NOTE: Block 152 Lot 1. All site applications and reviews shall include the entire Block 152 Lot 1 site as a denominator for all civil engineering/planning purposes and for the calculation of bulk and dimensional allowances permitted by this district.]

[1]

Area and yard requirements.

[Amended 12-15-2020 by Ord. No. 1822]

Category	Multifamily High-Rise Dwellings and/or Hotel Northern Portion of Block 152 Fronting New York Avenue
Principal building, minimum
Lot area	6,000 square feet
Lot frontage	60 feet
Lot width	60 feet
Lot depth	150 feet
Side yard (each)	0 feet
Front yard	0 feet
Rear yard	N/A
Maximum building coverage (all buildings)	No Maximum
Maximum impervious lot coverage (principal buildings)	90%
Maximum number of dwelling units	No Maximum
Accessory building, minimum
Distance to side line	4 feet
Distance to rear line	0 feet
Distance to other building	0 feet
Maximum building height and density height from base flood elevation (BFE)^1,2,3,4	200 feet
Number of dwelling units or hotel rooms use occupied floors (parking facilities excluded)	12 occupied floors
Off-street parking, multifamily high-rise only^3,5
Efficiency unit	0.5 space per unit
One-bedroom unit	0.6 space per unit
Two-bedroom unit	1.3 spaces per unit
Three-bedroom unit	1.9 spaces per unit
Three-bedroom unit	1.9 spaces per unit
Four-bedroom unit	2.0 spaces per unit

NOTES:
¹	Block 152 Lot 1. All site applications and reviews shall include the entire Block 152 Lot 1 site as a denominator for all civil engineering/planning purposes and for the calculation of bulk and dimensional allowances permitted by this district.
²	Height limits for rooftop uses. The following structures may be erected above the heights prescribed in this Subsection B(5)(b)[1] above: (i) skylights, spires, cupolas, flagpoles, signage, pursuant to City Code § 276-40, chimneys or similar structures; and (ii) safety enclosures of rooftop areas of condominium/apartment buildings, restaurants, hotels and motels used for sundecks, swimming pools and other commercial, community, congregate, tourism or recreational amenities and purposes; but in no case shall the height of any of these appurtenances exceed a height equal to 15% more than the maximum height permitted for the particular use in the district. [Amended 6-8-2022 by Ord. No. 1880]
³	These parking requirements apply to dwellings to which the RSIS is inapplicable. In the event development in the Phase II development area incorporates a hotel/motel lodging use, the following parking standards shall apply notwithstanding any inapplicability of RSIS to such use:
	1-bedroom	1.0 parking space(s)
	2-bedroom	1.3 parking spaces
	3-bedroom	1.9 parking spaces
⁴	If a developer elects to construct multifamily stacked housing in the NWM Zoning District, such developer shall be required to build a high-rise structure that is a minimum of 193 feet in height from the Base Flood Elevation (BFE) which, at the time of adoption of this section, is 11 feet, but no higher than 200 feet from the BFE as part of a municipal comprehensive development scheme pursuant to inter alia, N.J.A.C. 7:7-15.14(6).
⁵	In the event that after the Phase II development area obtains site plan approval a change to another permitted use is sought, the property owner shall be required to obtain site plan approval for such change of use pursuant to § 276-63B(1).

[2]

See § 276-35, Off-street parking, loading areas and driveways, for additional standards.

(6)

Wireless antennas, provided that new antennas utilize co-location or are installed on existing structures.

(7)

Club facilities and institutional uses.

C.

Accessory uses permitted:

Off-street parking.

Fences and walls.

Signs.

Off-street parking and private garages [see § 276-22.1G herein below and § 276-35, Off-street parking, loading areas and driveways]. Detached garages to the principal structure shall require the front of the garage to be set back a minimum of 20 feet from the front facade of the principal structure, not exceeding 15 feet in height, and altogether not exceeding 400 square feet in gross floor area.

(5)

Satellite dish antennas. All satellite dish antennas shall be no larger than eight feet in diameter, located on the principal structure, or as an accessory structure meeting accessory structure yard requirements stated below and located in the rear yard. For all practical purposes, satellite dish antennas shall not be seen from the front facade of the building or the street.

(6)

Recreational facilities, including, without limitation, swimming pools, as are usual and customary to a permitted principal use.

(7)

Temporary construction trailers and one sign not exceeding 100 square feet advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction, beginning with the issuance of a construction permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, provided said trailer(s) and sign are on the site where construction is taking place and set back at least 10 feet from all street and lot lines.

(8)

For lots which abut the City's canals or bayside waterways, boat slips for the tie-up of private boats owned and/or used by the residents of the premises and/or rented to other private individuals on a contractual basis. All boats shall be licensed as required with the appropriate agencies.

(9)

Public utility cabinet(s) not exceeding three feet in height, with adequate landscaping screening as necessary and not located in sight triangle easements at street corner intersections. It is recommended that public utility cabinet(s) be located underground in watertight vaults. Suggested plant species are referenced in Appendix A.[2]

[2]

Editor's Note: Appendix A is on file in the City offices.

(10)

Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front yard of any principal structure and/or lot. Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front 50% of a side yard setback; and as to any such equipment that is located in a side yard setback, it shall be screened so as to not be visible from any street or adjoining property when viewed from ground level. Temporary (i.e., removable) window air-conditioning units and temporary ductless air-conditioning/HVAC compressor units that do not project more than one foot beyond the existing structure are permitted when incorporated into an existing building by way of renovation. Replacement of in-kind units, without any increase in footprint size, located in the setback area prior to the adoption of this section are exempt from this regulation.

(11)

Solar energy systems (see Article XII).

(12)

Christmas tree sales. The annual sale of Christmas trees is permitted between December 1 and December 25, inclusive.

(13)

Public election voting places. The provisions of this chapter shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

(14)

Outdoor dining areas with tables on the water's edge of the property and/or boardwalk or sidewalk in front of or on the side of the non-automobile-oriented restaurants and specialty food outlets premises is permitted. Outdoor dining areas shall take place on site but not be located in the public sidewalk and/or public/street right-of-way for permitted uses, unless approved by Mayor and Council. Outside tables and seats may be situated outside of the building on the parcel/lot, or on elevated and/or floating docks, but not in the public/street right-of-way, unless approved by Mayor and Council. No operation of a business in the North Wildwood Marina Zoning District shall be located in such a way that less than five feet of paved sidewalk remains for the exclusive use of the traveled way for pedestrians, nor shall any such operation of the business or outside tables and seats project or protrude into, on or above the required five-foot-wide pedestrian passageway.

(a)

The hours of operation of outdoor dining areas shall be limited to the hours of operation of the associated restaurant. In no event shall hours of operation go past 2:00 a.m.

(b)

Outdoor dining is defined as any part of a food establishment located outdoors. See also § 276-22G. Outdoor dining in locations located in the public sidewalk and/or public/street right-of-way is permitted subject to the exclusive approval of the Mayor and Council. The inclusion of outdoor dining will not require any additional parking based upon the number of permitted tables and/or permitted seats.

(c)

Parklets shall be permitted in locations subject to the exclusive approval of the Mayor and Council.

(d)

Adequate lighting shall be provided to promote safe passage of pedestrians and for patrons.

(e)

Awnings and/or umbrellas may be used in conjunction with the outdoor dining areas. Awnings shall be adequately secured. Awnings, including supporting structures, must be within the property line. The bottom of the awning shall be seven feet from the ground.

(f)

Dockage for recreational boats is permitted, where legally part and parcel to the property. Adequate staff to assist in docking is required. Adequate dockage security is needed for eating, drinking establishments and bars to screen patrons below the minimum alcoholic beverage age entering the establishment from waterside dockage.

D.

Maximum building height. Except hotels and motels regulated pursuant to Subsection B(5)(b) of this section, hotels and motels are permitted to a maximum building height of 65 feet from the base flood elevation (BFE) or six stories, whichever is less. No other permitted use shall have a building height that shall exceed 36 feet in height from the BFE or three stories, whichever is less, except as follows:

(1)

The following structures may be erected above the heights prescribed by this chapter, but in no case shall the height of any of these appurtenances exceed a height equal to 10% more than the maximum height permitted for the particular use in the zoning district:

(a)

Decks; however, in no case shall a deck be permitted to be constructed higher than the floor of the existing top floor of a structure.

[Amended 6-8-2022 by Ord. No. 1880]

(b)

Skylights, spires, cupolas, flagpoles, chimneys or similar structures.

(c)

Safety enclosures of rooftop areas of hotels and motels used for sundecks and other recreational purposes.

(2)

Cellular telephone antennas and/or associated equipment are expressly excluded from this provision.

E.

Applicable area and yard requirements except if otherwise regulated pursuant to the amended redevelopment plan or standards provided pursuant to Subsection B(5)(b) of this section.

Category	Requirement
Principal buildings, minimum
Lot area	3,000 square feet
Lot frontage¹	30 feet
Lot width¹	30 feet
Lot depth	100 feet
Side yard (each)	6 feet
Front yard	10 feet
Rear yard	15 feet
Maximum coverage of principal building	60%
Maximum lot (impervious) coverage	75%
Accessory building, minimum
Distance to side line	4 feet
Distance to rear line	4 feet
Distance to other building	4 feet
Floor area ratio	0.75

NOTES:
¹	No building or addition constructed thereon shall be constructed under this subsection on a lot less than 30 feet wide without variance relief.

F.

General requirements.

(1)

Any principal building may contain more than one permitted use and/or organization, provided that the total building coverage of the combined activities does not exceed the maximum building coverage specified for the district and, further, that any building shall have a maximum of three permitted uses within it, and that each activity occupies a minimum gross floor area of 750 square feet for individual uses.

(2)

Merchandise, products, equipment or similar materials or objects can be displayed or stored outside so long as the merchandise, products, equipment or similar materials or objects shall be located/installed in such a manner that they do not interfere with or are not located in the sidewalk and/or sidewalk area to prevent free travel of pedestrians.

(3)

All areas not utilized for buildings, parking, loading, access aisles, driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings and maintained in good condition. Suggested plant species are referenced in Appendix A.[3]

[3]

Editor's Note: Appendix A is on file in the City offices.

(4)

The conditional uses in the North Wildwood Marina District shall be subject to review by the Planning Board for a determination of the appropriateness of the proposed use as it relates to existing adjoining uses and the community at large.

(5)

No use creating a nuisance as determined by the City under applicable codes and regulations shall be permitted.

(6)

Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front yard of any principal structure and/or lot. Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front 50% of a side yard setback; and as to any such equipment that is located in a side yard setback, it shall be screened so as to not be visible from any street or adjoining property when viewed from ground level. Temporary (i.e., removable) window air-conditioning units and temporary ductless air-conditioning/HVAC compressor units that do not project more than one foot beyond the existing structure are permitted when incorporated into an existing building by way of renovation. Replacement of in-kind units, without any increase in footprint size, located in the setback area prior to the adoption of this section are exempt from this regulation.

(7)

Landscaping shall be provided in the front yard area and shall be reasonably distributed throughout the entire front yard area. Suggested plant species are referenced in Appendix A.[4]

[4]

Editor's Note: Appendix A is on file in the City offices.

(8)

Bicycle racks shall be located on the business site, with a minimum capacity of seven bicycles. No locking mechanisms need to be provided. The racks shall be located/installed in such a manner that they do not interfere with or are not located in the public/street right-of-way and/or sidewalk area.

G.

Minimum off-street parking. Unless otherwise regulated pursuant to the amended redevelopment plan or pursuant to Subsection B(5)(b) hereof, each individual use shall provide parking spaces according to the following minimum provisions. Where a permitted use of land includes different specific activities with different specific parking requirements, the total number of required parking spaces shall be obtained by individually computing the parking requirements for each different activity and adding the resulting numbers together.

(1)

Water-dependent uses, watercraft sales and rentals and ancillary uses shall provide parking at the ratio of one space per 150 square feet of gross floor area.

(2)

Hotels and motels shall provide parking spaces as follows:

Bedrooms	Parking spaces required
1-bedroom	1.0
2-bedroom	1.3
3-bedroom	1.9

(3)

Eating and drinking establishments, including restaurants and specialty food outlets, bars and taverns shall provide a minimum of one space for every four seats, but in all cases a sufficient number of spaces to prevent any parking along public rights-of-way or private driveways, fire lanes and aisles.

(4)

Water-dependent uses and any other permitted uses shall provide parking as determined during site plan review.

(5)

Outdoor seating/dining areas intended for use during spring, summer and autumn months shall not be considered when calculating the number of parking spaces required by this subsection.

(6)

Unless otherwise provided herein or inapplicable, all residential dwelling units described in this chapter shall provide parking spaces in accordance with the standards established by the New Jersey Residential Site Improvement Standards (RSIS) (N.J.S.A. 5:21-1 et seq.). RSIS standards include parking requirements for residential uses based on unit (bedroom) size. If the applicant/developer does not specify the number of bedrooms per dwelling unit, then each dwelling unit shall be subject to the RSIS parking space requirements for a four-bedroom dwelling unit.

(7)

See § 276-35 for additional standards.

H.

Permitted signs.

(1)

Except for any high-rise development permitted pursuant to this zoning district regulation, each individual use in an individual building may have one primary sign attached to the building not exceeding an area equivalent to 10% of the first-floor portion of the front facade or 100 square feet, whichever is smaller. Each individual use may have one freestanding sign along each road on which the tract in question abuts. Such sign shall not exceed a height of 25 feet, shall be set back from the street rights-of-way and driveways at least five feet, or shall be set back from any property line a minimum of five feet, shall not exceed an area of 200 square feet, and shall be used only to display the individual activity name. Where an individual activity has direct access from the outside, a sign not exceeding four square feet identifying the name of the activity may also be attached to the building at the entrance to the activity. High-rise buildings developed in the North Wildwood Marina Zoning District may have one primary sign not to exceed 70 feet in height and 50 feet in width, and shall not exceed an area of 3,500 square feet; the details of such sign are required to be provided during site plan review.

(2)

Bars and taverns in an individual building may have one primary sign attached to the building not exceeding an area equivalent to 10% of the first-floor portion of the front facade or 100 square feet, whichever is smaller. Each individual use may have one freestanding sign along each road on which the tract in question abuts. Such sign shall not exceed a height of 30 feet, shall be set back from the street rights-of-way and driveways at least five feet, or shall be set back from any property line a minimum of five feet, shall not exceed an area of 300 square feet, and shall be used only to display the individual activity name. Where an individual activity has direct access from the outside, a sign not exceeding eight square feet identifying the name of the activity may also be attached to the building at the entrance to the activity. Eating and drinking establishments, including restaurants and specialty food outlets, and bars and taverns shall have a total maximum of 1,000 square feet of signage on the property.

(3)

"Open for business" window signs, if located in a storefront window, shall be excluded from the overall sign calculations as long as the sign does not exceed 10 square feet in area. Signs, typically the A-frame/sandwich-board style, ancillary to the permitted use shall be permitted on the sidewalk area, at the curb or against the building wall. The sign shall not exceed four square feet, identifying the name of the location, exclusive of the cumulative sign square feet requirement. No operation of a business in the North Wildwood Marina Zoning District shall be located in such a way that less than five feet of paved sidewalk remains for the exclusive use of the traveled way for pedestrians, nor shall any such operation of the business or outside tables and seats project or protrude into, on or above the required five-foot-wide pedestrian passageway. Signs in this style shall be a maximum of eight square feet. All signs as permitted by this subsection must be removed when the business is closed for operation. On corner properties/street intersections, no handicapped sidewalk curbs ramps shall be blocked by said signs.

(4)

Temporary sign banners, such as "clearance," "sale," "end of year," etc., are permitted to be attached to the building facade so long as the banner is not posted for more than 10 calendar days.

(5)

All signs on one property shall conform in character with all other signs in the complex and shall blend with the overall architectural scheme of the property.

(6)

All exterior signs shall identify uses, activities or functions of the development on which the sign is located. No advertising of any product, use or activity outside of the development is permitted.

(7)

Signage for similar project elements on one property shall be coordinated and similarly themed to provide a unifying style. All signs for individual uses shall conform in character with all other signs on the property. This regulation shall not be construed to mean that all signs must be identical or to prohibit unique sign designs where necessary and appropriate, but rather that, absent specific justification (i.e., branding/theme-ing requirements for themed retail outlets or food and beverage outlets), sign design shall be complementary and consistent.

(8)

No vacant signs or sign boxes shall be permitted. Where vacancies occur, corresponding signage shall be immediately replaced with general development or other appropriate signage. Similarly, any sign which falls into a state of disrepair shall immediately be repaired or replaced.

(9)

All signs must be professionally designed and constructed. Homemade-type plywood, coroplast or cardboard signs or home-computer-generated-type signs are expressly prohibited.

(10)

Sign lighting shall be appropriate for the type and style of sign proposed and may include LED, neon or other illumination. Similarly, the use of neon lighting or similar material to create sculptural logo or iconographic images is encouraged.

(11)

See § 276-40 for additional standards.

I.

Minimum off-street loading; trash and garbage locations.

(1)

The need for, location and design of off-street loading and unloading areas shall be considered and determined at the time of site plan review. Off-street loading and unloading areas shall take place on site but not in the public street right-of-way, except for multifamily and hotel high-rises, for which off-street loading and unloading shall be permitted, and the details of the loading and unloading areas shall be provided as part of site plan review.

(2)

The need for, location and design of trash and garbage locations shall be considered and determined at the time of site plan review. Recycling, trash and garbage loading and unloading areas shall take place on site but not in the public street right-of-way, except for multifamily or hotel high-rises which shall be permitted to have loading and unloading of trash, garbage and recyclables in the public street right-of-way provided storage area(s) are screened or located inside of a building and shall be designed for truck access for pickup of materials, and the details of the trash and garbage locations shall be provided as part of site plan review.

(3)

Each use must include provisions for the collection, disposition and recycling of recyclable materials, including newspapers, leaves, white high-grade paper, glass bottles and jars, aluminum, corrugated cardboard, and tin and bimetal cans. The amount of recyclable material generated weekly by each use shall be quantified and reviewed during site plan review to determine whether the storage area to contain a week's accumulation of recyclable material is adequate in size and location. The storage area shall be designed for truck access for pickup of materials and be suitably screened from view if located outside a building.

(4)

Recycling, trash and garbage loading and unloading areas shall be marked with yellow cross-striping pavement markings and marked with signage and as "No Parking or Standing Zones" if adjacent to automobile traffic or parking areas.

A.

Purpose statement. The purpose of the Dining and Entertainment (D & E) Zoning District is to revitalize the City's historic "Tavern District" by providing for a critical mass of restaurant, nightlife and such other entertainment-oriented amenities as are customary to such a district.

[Amended 3-1-2022 by Ord. No. 1864]

B.

Principal permitted uses on the land and in structures:

(1)

Restaurants, including drive-in facilities and fast-food restaurants.

(2)

Bars (defined as an establishment serving alcoholic beverages but not food) and taverns (defined as an establishment serving alcoholic beverages and cooked-to-order food which is prepared and served on the premises).

(3)

Specialized entertainment venues, such as theaters, arenas, performing arts centers, movie theaters, amphitheaters, aquariums, museums (cultural or popular), and other like and similar attractions.

(4)

Retail sales of goods customarily required/desired by the City's tourist visitor base, including, but not limited to, beach accessory, bicycle and water-sport sales and rental (with bicycle repair); hobby and craft items; books; photographic and video items; seashore-related clothing and dry goods; antiques; artworks; toys; gifts; novelties, notions and variety items; jewelry; and like and similar items. Such use shall be construed to include sales or rental venues (storefronts) for off-site pickup or activity.

(5)

Retail sales of services customarily required/desired by the City's tourist visitor base, including, but not limited to, barber, beauty and nail services; specialized day spa services; and like and similar personal services.

(6)

Specialty food and beverage outlets, such as bakeries, candy stores, ice cream parlors, and like and similar uses. Such establishments may be enclosed or open-air and serve in a dine-in or take-out manner.

(7)

Administrative offices and related facilities as may be necessary and convenient to the provision of municipal, county, state or federal governmental services.

(8)

Fraternal, social or charitable facilities.

(9)

Commercial parking facilities owned and/or operated by the City of North Wildwood.

(10)

(Reserved)[1]

[1]

Editor's Note: Former Subsection B(10), regarding residential flats, was repealed 3-1-2022 by Ord. No. 1864.

(11)

Wireless antennas provided that new antennas utilize co-location or are installed on existing structures.

C.

Accessory structures and uses permitted:

(1)

Off-street parking (see § 276-23G and § 276-35).

(2)

Fences and walls (see § 276-30).

(3)

Signs (see § 276-23H and § 276-40).

(4)

Garages and storage buildings.

(5)

Automated teller machines (ATMs), provided that, if accessed from the exterior of a building, such machines shall be installed within the wall of the building; it being the intent not to permit freestanding exterior ATM kiosks. ATM kiosks wholly located and accessed from the interior of a building are permitted.

(6)

Satellite dish antennas. All satellite dish antennas shall be no larger than four feet in diameter, located on the principal structure, or as an accessory structure meeting accessory structure yard requirements stated below and located in the rear yard. For all practical purposes, satellite dish antennas shall not be seen from the front facade of the building or the street.

(7)

Public utility cabinet(s) not exceeding three feet in height, with adequate landscaping screening as necessary, and not located in sight triangle easements at street corner intersections. It is recommended that public utility cabinet(s) be located underground in watertight vaults. Suggested plant species are referenced in Appendix A.[2]

[2]

Editor's Note: Appendix A is on file in the City offices.

(8)

Public utility lines. Public utility lines for the transportation and distribution and control of water, electricity, gas, oil, steam, telegraph and telephone communications, and their supporting members, other than buildings or structures, shall not be required to be located on a lot, nor shall this chapter be interpreted as to prohibit the use of a property in any zone for the above uses.

(9)

Solar energy systems (see Article XII).

(10)

Christmas tree sales. The annual sale of Christmas trees is permitted between December 1 and December 25, inclusive.

(11)

Public election voting places. The provisions of this chapter shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

(12)

Outdoor dining with tables on the sidewalk in front of or on the side of the non-automobile-oriented restaurant's premises. Outdoor dining shall take place on site but not be located in the public sidewalk and/or public/street right-of-way for food markets and specialty food outlets, excluding those with window service for take-out fare. Examples include: delicatessens; bakeries; candy stores; ice cream stores; meat and/or seafood markets or take-out restaurants; food markets; non-automobile-oriented restaurants, defined as nonalcoholic-beverage-service restaurants with sit-down table service which exclude drive-in facilities and/or fast-food restaurants, unless approved by Mayor and Council. Outside tables and seats may be situated outside of the building (except as referenced in the conditional uses section herein) on the parcel/lot but not in the public/street right-of-way, unless approved by Mayor and Council.

(a)

The hours of operation of outdoor dining shall be limited to the hours of operation of the associated restaurant. In no event shall the hours of operation go past 12:00 midnight.

(b)

Outdoor dining is a separate accessory use, as it is defined as any part of a food establishment located outdoors. Outdoor dining is permitted in locations subject to the exclusive approval of the Mayor and Council. The inclusion of outdoor dining will not require any additional parking based upon the number of permitted tables and/or permitted seats.

(c)

Adequate lighting shall be provided to promote safe passage of pedestrians and for patrons.

(d)

Awnings and/or umbrellas may be used in conjunction with the outdoor dining area. Awnings shall be adequately secured. Awnings, including supporting structures, must be within the property line. The bottom of the awning shall be seven feet from the ground.

(e)

Parklets shall be permitted in locations subject to the exclusive approval of the Mayor and Council.

(13)

Temporary construction trailers and one sign not exceeding 50 cumulative square feet advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction, beginning with the issuance of a construction permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, provided said trailer(s) and sign are on the site where construction is taking place and set back at least 10 feet from all street and lot lines.

D.

Area and yard requirements applicable to the D & E District.

Category		Requirement
Principal buildings, minimum
	Lot area	4,000 square feet
	Lot frontage	40 feet
	Lot width
	Lot depth	100 feet
Minimum setback¹
	Side yard (each)²	6 feet
	Front yard	0 feet
	Rear yard	15 feet
Maximum building height³		36 feet in height from the base flood elevation (BFE) or 3 stories, whichever is less
Maximum coverage of principal building		65%
Accessory building, minimum
	Distance to side line	4 feet
	Distance to rear line	4 feet
	Distance to other building	4 feet
Maximum lot (impervious) coverage		80%

NOTES:
¹	For the purposes of this section, setbacks shall be clear, unoccupied and unobstructed space measured at right angles between a lot line and the building envelope and shall extend from grade to sky, except for the permitted encroachments detailed in the design standards (§ 276-23F hereinbelow), provided that such encroachments do not inhibit the free flow of pedestrian traffic. Setbacks shall be construed as minimum distances. Greater setbacks are permitted, provided that the specific distances and design relate to the architecture of the subject building elevation, and further provided that the setback area is heavily treated with a combination of elements detailed in the design standards (§ 276-23F hereinbelow).
²	Zero-foot setback to the nearest interior property line, provided that two or more adjoining property owners agree to build to this standard, and then only if access to the rear of the building is maintained via a service alley or shared parking.
³	Height limits. The following structures may be erected above the heights prescribed by this chapter, but in no case shall the height of any of these appurtenances exceed a height equal to 10% more than the maximum height permitted for the particular use in the zoning district: skylights, spires, cupolas, flagpoles, chimneys or similar structures; and safety enclosures of rooftop areas of hotels and motels used for sundecks and other recreational purposes. Cellular telephone antennas and/or associated equipment are expressly excluded from this provision. [Amended 6-8-2022 by Ord. No. 1880]

E.

General requirements applicable to the D & E District.

(1)

Any principal building may contain more than one permitted use, provided that the total building coverage of the combined activities does not exceed the maximum building coverage specified for the district and, further, that any building shall have a maximum of three permitted uses within it, and that each activity occupies a minimum gross floor area of 750 square feet for individual uses.

(2)

All buildings on a single commercial site shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes.

(3)

Large blank walls facing Olde New Jersey, New Jersey/Spruce Avenue(s) are prohibited.

(4)

All buildings located in the district shall have entrance doors set back into an opening allowing for outward egress (for Fire Code purposes) without opening the entrance door onto the sidewalk and/or in the public/street right-of-way.

(5)

First-floor facades intended for retail use must face the street right-of-way with large, clear storefront glass areas to display the nature of the business and produce an interesting streetscape. Storefront windows may be either typical large, single panes or multiple smaller panes separated by mullions.

(6)

Merchandise, products, equipment or similar materials or objects can be displayed or stored outside so long as the merchandise, products, equipment or similar materials or objects are not displayed within 10 feet of any street curb and shall be located/installed in such a manner that they do not interfere with the free travel of pedestrians. No operation of a business in the D & E Zoning District shall be located in such a way that less than five feet of paved sidewalk remains for the exclusive use of the traveled way for pedestrians, nor shall any such operation of the business or outside tables and seats project or protrude into, on or above the required five-foot-wide pedestrian passageway. All merchandise must be removed when the business is closed for operation.

(7)

Landscaping shall be provided in the front yard area and shall be reasonably distributed throughout the entire front yard area. All areas not utilized for buildings, parking, loading, access aisles, driveways or on pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings and maintained in good condition. Suggested plant species are referenced in Appendix A.[3]

[3]

Editor's Note: Appendix A is on file in the City offices.

(8)

Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front yard of any principal structure and/or lot. Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front 50% of a side yard setback; and as to any such equipment that is located in a side yard setback, it shall be screened so as to not be visible from any street or adjoining property when viewed from ground level. Temporary (i.e., removable) window air-conditioning units and temporary ductless air-conditioning/HVAC compressor units that do not project more than one foot beyond the existing structure are permitted when incorporated into an existing building by way of renovation. Replacement of in-kind units, without any increase in footprint size, located in the setback area prior to the adoption of this section are exempt from this regulation.

(9)

Bicycle racks shall be located on the business site, with a minimum capacity of seven bicycles. No locking mechanisms need to be provided. The racks shall be located/installed in such a manner that they do not interfere with or are not located in the public/street right-of-way and/or sidewalk area.

F.

Special design standards applicable to the D & E District. The following design standards shall be considered by the Planning Board, as the case may be, at the time of site plan review in order to enhance the City's tourist economic base while creating an attractive and inviting pedestrian-scaled environment in the D & E Zoning District. Such standards shall apply to all development in this zoning district. While specific themeing for development in the D & E Zoning District is not recommended, designers are strongly encouraged to recognize the historic setting of North Wildwood as a seashore resort when designing the proposed development. It is required that the following regulations shall be treated as design elements for each new development subject to "c" variance relief or conditional use standards subject to "d" variance relief should requirements not be met.

(1)

The entirety of all building elevations fronting Olde New Jersey, New Jersey/Spruce, Walnut, Chestnut, 1st and/or or 2nd Avenue(s), regardless of building height, shall be considered a front yard and primary elevation, with facades and appurtenances treated accordingly. No exterior building wall shall have an uninterrupted horizontal run along a single plane for more than 25 linear feet, and no exterior building wall shall have an uninterrupted vertical run for more than 24 feet. The intent of this regulation may be achieved via structural or ornamental treatment.

(2)

Building elevations which do not front Olde New Jersey, New Jersey/Spruce, Walnut, Chestnut, 1st and/or or 2nd Avenue(s), when adjacent to a parking lot or other open space and therefore visible from a public right-of-way, shall be considered a front yard and the primary elevation, with facades and appurtenances treated accordingly.

(3)

All buildings located on Olde New Jersey and/or New Jersey/Spruce Avenue(s) shall be oriented to front toward and relate to such right-of-way both functionally and visually (as opposed to the intersecting side streets). Within this context, such buildings shall have primary entrances accessed directly from the sidewalk on Olde New Jersey and/or New Jersey/Spruce Avenue(s). Such sidewalks shall extend from the building facade to the curb.

(4)

All building elevations shall coordinate form, materials, color and detailing to achieve design harmony and continuity. There shall be no open stairways leading to the second floor/story off Olde New Jersey and/or New Jersey/Spruce Avenue(s).

(5)

In considering facade treatment, the developer/applicant is encouraged to include a combination of rich detailing, texture, shadow lines and color. Such treatment may include, but need not be limited to:

(a)

Awnings and canopies.

(b)

Building articulation.

(c)

Signage.

(d)

Coping, fascia, soffits and architectural filigree.

(e)

Use of color, light and shadows.

(f)

Other aesthetic features as applicable.

(6)

The above notwithstanding, the main entrance to a development in the D & E Zoning District need only be located on a single elevation, with facades and appurtenances treated accordingly.

(7)

All areas not utilized for buildings, parking, loading, access aisles, driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings. All such areas shall include automatic/mechanical irrigation (with rain sensors to prevent nonessential watering) and shall be maintained in good condition.

(8)

First-floor facades shall be designed with large, clear storefront glass areas to display the nature of the business and produce an interesting streetscape. Storefront windows may be either typical large, single panes or multiple smaller panes separated by mullions.

(9)

In a multitenant building, each commercial operation shall have its own frontage. Frontages may either have identical designs to reinforce the whole building design or varied designs to express the different businesses. Frontages should be separated from the roofline or a second floor by a horizontal architectural element such as a sash, cornice, frieze, molding or similar architectural element.

(10)

Stairways (including Fire Code required stairs) leading to the second floor (or higher) of a building shall be enclosed and treated as part of the building's architecture if located on the building's frontage, it being the intent not to overwhelm the street frontage with unaesthetic open-stair structures. Stairways shall be accessed off the side yard and/or rear yards behind the building front facade. There shall be no open stairways leading to the second floor/story off Olde New Jersey and/or New Jersey/Spruce Avenue(s).

(11)

Site landscaping shall be provided in sufficient quantity and placement in order to create a visual and noise buffer from abutting residential districts and uses.

(12)

HVAC condensers or compressors in buildings abutting residential districts and uses shall be so located and adequately buffered so that the noise from such condensers or compressors does not interfere with the quiet enjoyment of the residential unit. HVAC compressor or condenser units are prohibited in all setback areas of the lot/parcel.

G.

General requirements applicable for minimum off-street parking. Recognizing the extremely limited space available in the D & E Zoning District, the public parking spaces created by the City in this section of the City of North Wildwood and the public safety implications of encouraging driving to such a district, the following minimum off-street parking regulations are established. The lack of an off-street parking requirement notwithstanding, any off-street parking required shall be constructed to the standards contained in § 276-35.

(1)

Outdoor patios, decks, terraces and other similar areas for outdoor dining and consumption attendant to a permitted restaurant, bar and/or tavern: no minimum parking requirement. Outdoor patios, decks, terraces and other similar seating area(s) are exempt from any parking requirement. Any outdoor patios, decks, terraces and other similar areas may be enclosed in seasonal and/or canvas/plastic enclosures to meet this exemption but may not be fitted out with any hard-surfaced, walled enclosure(s).

(2)

Indoor tables or other seating attendant to a permitted restaurant, bar or tavern: one off-street parking space for every 10 any-style seats.

(3)

Remaining permitted uses: shall provide parking at the ratio of one space per 400 square feet of gross floor area.

(4)

Where a permitted use of land includes different specific activities with different specific parking requirements, the total number of required parking spaces shall be obtained by individually computing the parking requirements for each different activity and adding the resulting numbers together. Credit shall be given on a 50% basis (rounded to the higher number) for on-street parking spaces towards the nonresidential component of a project's parking requirement [e.g., seven on-street spaces will get credit for four on-site spaces (7 x 50% = 3.5, and 3.5 rounded to the higher number is 4)]. The on-street spaces shall be directly adjacent to the subject property, be clearly indicated on the site plan, measure eight feet by 22 feet, and not interfere with loading or delivery operations, fire lanes, bikeways, bus stops, sight triangles, pedestrian crossings or driveways.

(5)

A developer may satisfy up to two spaces of nonresidential parking deficiency by contributing to a municipal parking capital improvement fund for the design, purchase, construction and maintenance of municipal parking lots. The developer shall make a contribution of $4,000 per deficient space. Full payment is required as a condition of the issuance of the first construction permit.

(6)

See § 276-35 for additional standards.

H.

General signage standards.

(1)

While not located on the Boardwalk, the signage section of the Design Guidelines for the Wildwoods Boardwalk (Appendix XX and referenced and incorporated herein)[4] shall serve as the philosophical underpinnings for the standards for signage in the D & E Zoning District, with specific standards established accordingly hereinbelow. All exterior signs shall identify uses, activities or functions of the development on which the sign is located. No advertising of any product, use or activity outside of the development shall be permitted.

[4]

Editor's Note: The Design Guidelines for the Wildwoods Boardwalk are on file in the City offices.

(2)

All signage shall be restricted to the Olde New Jersey and/or New Jersey/Spruce Avenue side of the building and to the first 30 feet on the side street measured from the Olde New Jersey/New Jersey/Spruce Avenue building wall.

(3)

Eating and drinking establishments, including restaurants and specialty food outlets, bars and taverns shall have a total maximum of 500 square feet of signage on the property.

(4)

All exterior signs shall identify uses, activities or functions of the development on which the sign is located. No advertising of any product, use or activity outside of the development is permitted.

(5)

Signage for similar project elements shall be coordinated and similarly themed to provide a unifying style. All signs for individual uses shall conform in character with all other signs in the complex and shall blend with the overall architectural scheme of the district. This regulation shall not be construed to mean that all signs must be identical or to prohibit unique sign designs where necessary and appropriate, but rather that, absent specific justification (i.e., branding/themeing requirements for themed retail outlets or food and beverage outlets), sign design shall be complementary and consistent.

(6)

No vacant signs or sign boxes shall be permitted. Where vacancies occur, corresponding signage shall be immediately replaced with general development or other appropriate signage. Similarly, any sign which falls into a state of disrepair shall immediately be repaired or replaced. This regulation shall not be construed to include intentional removal of sign faces in the off-season, which is a typical practice along the Wildwoods Boardwalk. However, upon any such intentional removal, an aesthetically treated replacement panel shall be employed so as not to leave a visibly vacant sign box.

(7)

All signs must be professionally designed and constructed. Homemade-type plywood, coroplast or cardboard signs or home-computer-generated-type signs are expressly prohibited.

(8)

Sign lighting shall be appropriate for the type and style of sign proposed and may include LED, neon or other illumination. Similarly, the use of neon lighting or similar material to create sculptural logo or iconographic images is encouraged.

(9)

"Open for business" window signs, if located in a storefront window, shall be excluded from the overall sign calculations as long as the sign does not exceed 10 square feet in area. Signs, typically the A-frame/sandwich-board style, ancillary to the permitted use shall be permitted on the sidewalk area, at the curb or against the building wall. The sign shall not exceed four square feet, identifying the name of the location, exclusive of the cumulative sign square-foot requirement. No operation of a business in the D & E Zoning District shall be located in such a way that less than five feet of paved sidewalk remains for the exclusive use of the traveled way for pedestrians, nor shall any such operation of the business or outside tables and seats project or protrude into, on or above the required five-foot-wide pedestrian passageway. Signs in this style shall be a maximum of eight square feet. All signs as permitted by this subsection must be removed when the business is closed for operation. On corner properties/street intersections, no handicapped sidewalk curb ramps shall be blocked by said signs.

(10)

Temporary sign banners, such as "clearance," "sale," "end of year," etc., are permitted to be attached to the building facade so long as the banner is not posted for more than 10 calendar days.

(11)

All signs mounted to building facades over public sidewalk areas must be eight feet from grade elevation.

(12)

All signs in the D & E District shall conform in character with all other signs in the district and shall blend with the overall architectural scheme of the district.

(13)

No restrictions are established for interior project signage (defined as the interior wall area of a project, whether within an enclosed structure or on the inward-facing frontage of a structure internal to a project.). Developers are encouraged to establish a creative interior sign package consistent with the type and scope of the project proposed.

(a)

Project identification signage.

[1]

Each individual use in an individual building may have one sign attached to the building not exceeding an area equivalent to the lesser of 5% of the first-floor portion of the front facade or 150 square feet, whichever is smaller. Where an individual activity has direct access from the outside, a sign not exceeding four square feet, identifying the name of the activity, may also be attached to the building at the entrance to the activity (see § 276-40 for additional standards).

[2]

Each elevation of a principal building may have one building-mounted project identification sign depicting the name of the project and such other logo or corporate iconography as may be appropriate.

[3]

While the size, location and configuration of such signage shall be appropriate to the elevation on which such sign is located, such sign shall be located at the uppermost section of the building, but shall be no higher than the roofline of the wall on which such sign is affixed, and shall have a total sign area not exceeding 10 feet in height multiplied by the width of the building elevation on which such sign is affixed. However, each such sign may extend to a maximum of 20 feet in height multiplied by the width of the building elevation on which such sign is affixed, provided the sign conforms to the conditional signage standards detailed hereinbelow.

[4]

The bottom edge of such sign shall be a minimum of 10 feet from finished grade if located on Olde New Jersey/New Jersey Avenue, Spruce Avenue or Chestnut or 1st Avenue, but shall in no case project below the awning, canopy or other element on which such sign is affixed.

[5]

In addition to the project identification signs as permitted herein, each porte cochere or primary entranceway of a principal building may have one building-mounted project identification sign depicting the name of the project and such other logo or corporate iconography as may be appropriate.

[6]

While the size, location and configuration of such signage shall be appropriate to the porte cochere or entranceway on which such sign is located, such sign shall not exceed the length of the awning, canopy or other element over which such sign is affixed. The bottom edge of such sign shall be a minimum of 10 feet from finished grade if located on a numbered avenue (i.e., 26th or 25th Avenue), Surf Avenue or Atlantic Avenue, but in no case project below the awning, canopy or other element on which such sign is affixed.

[7]

The height of such sign shall be 12 feet from finished grade, but in no case higher than the awning, canopy or other element on which such sign is affixed, and shall have a total sign area not exceeding two feet in height multiplied by the width of the awning, canopy or other element on which such sign is affixed. However, such signage may extend to a maximum of four feet in height multiplied by the width of the awning, canopy or other element on which such sign is affixed, provided such sign conforms to the conditional signage standards detailed herein. In such case, the height of such sign shall be 14 feet from finished grade.

[8]

Each principal building may have one freestanding project identification (pole) sign per street frontage, depicting the name of the project and such other logo or corporate iconography as may be appropriate. The location and configuration of such signage shall be appropriate to the street frontage on which such sign is located. However, freestanding signs shall respect the building setbacks as provided for herein. Each such identification sign shall not exceed 150 square feet in area or 25 feet in height. However, each such sign may extend to a maximum of 1,000 square feet in area and 50 feet in height, provided it conforms to the conditional signage standards detailed hereinbelow.

[9]

See § 276-40 for additional standards.

I.

Minimum off-street loading; trash and garbage locations.

(1)

The need for location and design of off-street loading and unloading areas shall be considered and determined at the time of site plan review. Off-street loading and unloading areas shall take place on site but not in the public/street right-of-way.

(2)

The need for, location and design of trash and garbage locations shall be considered and determined at the time of site plan review. Recycling, trash and garbage loading and unloading areas shall take place on site but not in the public/street right-of-way.

(3)

Each use must include provisions for the collection, disposition and recycling of recyclable materials, including newspapers, leaves, white high-grade paper, glass bottles and jars, aluminum, corrugated cardboard, and tin and bimetal cans. The amount of recyclable material generated weekly by each use shall be quantified and reviewed during site plan review to determine whether the storage area to contain a week's accumulation of recyclable material is adequate in size and location. The storage area shall be designed for truck access for pickup of materials and be suitably screened from view if located outside a building.

(4)

Recycling, trash and garbage loading and unloading areas shall be marked with yellow cross-striping pavement markings and marked with signage as "No Parking or Standing Zones" if adjacent to automobile traffic or parking areas.

A.

Purpose statement.

(1)

The purpose of the Motel Commercial (MC) Zone is to revitalize the City's lodging industry by protecting existing motel facilities from demolition and/or conversion to nontransient use and by encouraging the renovation of existing motels to modern standards, thereby supporting the City's tourist-oriented economy as well as supporting the Wildwoods Convention Center, both as an amenity in and of itself and as an economic generator for the region.

(2)

As recommended in the 2010 Comprehensive Master Plan Update ("Master Plan"), the portions of the former R-I/OB-2 Zoning District at the intersection of Surf Avenue between (generally) 16th and 17th Avenue and the portion of the R-1/OB-2 Zoning District between 22nd and 26th Avenue have been reclassified as new MC Zoning Districts.

(3)

In order to provide for new investment and the reasonable use of smaller parcels located within the MC zone, the development of single-family detached dwelling units and single-family semidetached dwelling units shall be permitted.

B.

Principal permitted uses on the land and in buildings, as defined in § 276-7 (Definitions and word usage). Multiple principal uses are permitted within a single lot or building.

(1)

Hotels and motels, as defined in § 276-7 (Definitions and word usage).

[Amended 5-17-2022 by Ord. No. 1878]

(a)

The hotel or motel structure shall:

[1]

Maintain a public lobby/front desk area or registration (check-in) and information station (front desk) serving hotel/motel guests and the general public with in-house staff available on a twenty-four-hour basis.

[2]

Maintain a linen closet, ice machine and beverage/candy vending area, at a minimum, on alternating floors.

[3]

The structure may provide the following amenities: restaurants, banquet or dining rooms, conference rooms, swimming pools and other aquatic facilities designed for use on a year-round basis, room service, linen service and other normal and customary elements to such facilities.

[4]

Be designed with back-of-the-house linen and garbage chutes accessing all floors.

[5]

Maintain full-time, on-site staff and management.

[6]

Maintain a published business phone number and, to the extent that such advertising is part of the facilities' business model, advertise daily rentals and hotel-like services to the general public.

[7]

Pay sales tax, use tax and tourism room tax as required by the Tourism Improvement and Development District Act (N.J.S.A. 40:54D-1 et seq.).

[8]

Be designed and managed such that each utility (water, sewer, electric, natural gas, telephone and cable television) servicing a hotel or motel structure shall commonly meter its service to all units within such structure and shall commonly bill such service to the hotel or motel management entity.

(b)

Hotels and motels which are converted to and/or owned in the form of a Condominium Association, commonly referred to as "condotels," consisting of individually owned units within a hotel or motel structure shall be subject to the foregoing and the following regulations:

[1]

Individually owned hotel or motel units shall be defined as a privately owned unit(s) within a hotel or motel structure which are made available for sale to the general public for investment purposes only. These units shall be rented, used, let, or hired out for compensation, exclusively for transient occupancy by the general public, by reservation or walk-up without reservations, on a daily or weekly basis, but in any case, without a lease, for occupancy of not less than one night nor more than 20 continuous nights.

[2]

These units shall not be used for any primary residential purpose on either a temporary or permanent basis.

[3]

The renting of units within hotels and motels which are converted to and/or owned in the form of a Condominium Association shall be handled exclusively through a central office maintained by the Condominium Association.

(2)

Bed-and-breakfast establishments.

(3)

Retail sales of goods customarily required/desired by the City's tourist visitor base, including, but not limited to, sporting goods; hobby and craft items; books; photographic and video items; seashore-related clothing and dry goods; antiques; artworks; toys; gifts; novelties, notions and variety items; jewelry; and like and similar items.

(4)

Retail sales of services customarily required/desired by the City's tourist visitor base, including, but not limited to, barber, beauty and nail services; specialized day spa services; and like and similar personal services.

(5)

Bicycle, beach accessory and water-sport sales and rental, including sales or rental venues (storefronts) for off-site pickup or activity.

(6)

Restaurants, bars and taverns (defined as an establishment serving alcoholic beverages and cooked-to-order food which is prepared and served on the premises), and specialty food and beverage outlets, such as bakeries, candy stores, ice cream parlors and like and similar uses, including those serving alcoholic beverages. Such establishments may be enclosed or open-air and may serve in a dine-in or (with the exception of alcoholic beverages) take-out manner.

(7)

Public parking lots.

(8)

Enclosed active, sports-oriented entertainment/recreation elements, such as fitness centers, swimming pools, bowling alleys, skating rinks, and other like and similar attractions, excluding amusement arcades.

(9)

Traditional open-air, active, sports-oriented entertainment/recreation elements, such as tennis courts and miniature golf courses.

(10)

Publicly oriented tourist information centers, public safety substations for municipal service providers, public restrooms and other public purpose uses.

(11)

Detached single family dwelling units, as defined in § 276-7, pursuant to the bulk requirements and standards located within the R-1 zone, as set forth within § 276-15D.

(12)

Single-family semidetached dwelling units, as defined in § 276-7, provided that they are designed so as to appear as though they are a detached single family dwelling unit, pursuant to the bulk requirements and standards located within the R-2 zone, as set forth within § 276-16E.

C.

Prohibited uses. All uses not specifically permitted are prohibited.

D.

Permitted accessory structures and uses:

(1)

Such ancillary uses as are normal and customary to a permitted principal use in a family-oriented, seashore environment, including, but not limited to, fitness centers, tennis courts, swimming pools, bathhouses and changing areas, lounges, bars (defined as an establishment serving alcoholic beverages but not food), and kiosks serving alcoholic beverages.

(2)

Automated teller machines (ATMs), provided that, if accessed from the exterior of a building, such machines shall be installed within the wall of the building, it being the intent not to permit freestanding exterior ATM kiosks. ATM kiosks wholly located and accessed from the interior of a building are permitted.

(3)

Off-street parking lots and/or structures attributed to a principal use.

(4)

Fences and walls (see § 276-30, Fences, walls and sight triangles).

(5)

Private residential sheds for the storage of objects by the residents of the property, on the same lot and/or parcel, each not exceeding 15 feet in height from grade/ground elevation, and altogether not exceeding 150 square feet in gross floor area. All residential sheds must be anchored in accordance with § 276-51B(6)(a) to prevent flotation, collapse, or lateral movement of the structure. Private residential sheds may not encroach into the front yard required for the residential use in the zoning district in which it is located.

(6)

Signs [see § 276-24J referenced herein and § 276-40 (requirements for signs)].

(7)

Permanently installed garages and storage buildings.

(8)

Satellite dish antennas (see Chapter 212 of the Code). All satellite dish antennas shall be no larger than four feet in diameter, located on the principal structure, or as an accessory structure meeting the accessory structure yard requirements stated below and located in the rear yard. For all practical purposes, satellite dish antennas shall not be seen from the front facade of the building or the street.

(9)

Public utility cabinet(s) not exceeding three feet in height, with adequate landscaping screening as necessary and not located in sight triangle easements at street corner intersections. It is recommended that public utility cabinet(s) be located underground in watertight vaults. Suggested plant species are referenced in Appendix A.[1]

[1]

Editor's Note: Appendix A is on file in the City offices.

(10)

Handicapped access to structures. A ramp to provide handicapped access to structures may encroach into the front, side or rear yard required for the permitted use in the zoning district in which it is located, provided:

(a)

The intrusion shall be into the front yard only if it is impossible to provide handicapped access to the side or rear of the building premises.

(b)

The intrusion into the front, side or rear yard shall not be allowed any closer than five feet to the applicable property line.

(c)

The ramp shall be constructed so as to comply with all applicable construction standards as to size, slope and other details.

(11)

Public utility lines for the transportation, distribution, or control of water, electricity, gas, oil, steam, CATV and telephone communications, and their supporting members, other than buildings or structures, shall not be required to be located on a lot, nor shall this chapter be interpreted as to prohibit the use of a property in any zone for the above uses. All public utility lines shall be located in the utility strip if paralleling the street and shall be installed underground as practical as possible.

(12)

Solar energy systems (see Article XII).

(13)

Christmas tree sales. The annual sale of Christmas trees is permitted between December 1 and December 25, inclusive.

(14)

Public election voting places. The provisions of this chapter shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

(15)

Outdoor dining with tables on the sidewalk in front of or on the side of the use as permitted in § 276-24B(6) as listed above. Outdoor dining shall take place on site but not be located in the public sidewalk and/or public/street right-of-way. Outside tables and seats may be situated outside of the building on the parcel/lot but not in the public/street right-of-way. No operation of a business in the MC Zoning District shall be located in such a way that less than five feet of paved sidewalk remains for the exclusive use of the traveled way for pedestrians, nor shall any such operation of the business or outside tables and seats project or protrude into, on or above the required five-foot-wide pedestrian passageway.

(a)

The hours of operation of outdoor dining shall be limited to the hours of operation of the associated restaurant. In no event shall the hours of operation go past 12:00 midnight.

(b)

Outdoor dining is a separate accessory use, as it is defined as any part of a food establishment located outdoors.

(c)

Adequate lighting shall be provided to promote safe passage of pedestrians and for patrons.

(d)

Awnings and/or umbrellas may be used in conjunction with the outdoor dining area. Awnings shall be adequately secured. Awnings, including supporting structures, must be within the property line. The bottom of the awning shall be seven feet from the ground.

(16)

Temporary construction trailers and one sign not exceeding 50 cumulative square feet advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction, beginning with the issuance of a construction permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, provided said trailer(s) and sign are on the site where construction is taking place and set back at least 10 feet from all street and lot lines.

E.

Permitted conditional uses.

(1)

Accessory apartments, as conditional uses, and the requirements for all of those residences shall be the same as for single-family residences within this zone. Accessory apartments can be developed as an optional development scheme and are subject to the following:

(a)

Conditional accessory apartments that are not located within a single-family detached dwelling unit are prohibited.

(b)

Studio apartments are prohibited.

(c)

Conditional accessory apartments in the R-1.5 Zoning District shall be limited to one such accessory apartment per the lesser of one lot or one single-family detached dwelling unit.

(d)

Conditional accessory apartments shall be no larger than 40% of the net habitable floor area of the single-family detached dwelling unit in which they are located and shall contain no less than the minimum net habitable floor area as required by the City's Affordable Housing Ordinance, regardless of whether or not the conditional accessory apartment is to be created under the City's Affordable Housing Ordinance, as applicable.

(e)

Any increase in the number of bedrooms on the lot in question caused by the addition of a conditional accessory apartment to an existing single-family detached dwelling shall require compliance with the parking requirements of the RSIS (N.J.S.A. 5:21-1 et seq.).

(f)

Entrances to conditional accessory apartments shall be limited to the front or side elevations of the single-family detached dwelling unit in which they are located. If located on a side elevation, such entrance shall be situated within the front 1/3 of the structure.

(g)

All conditional accessory apartments shall comply with the Americans with Disabilities Act (ADA) and the accessibility and adaptability requirements of N.J.A.C. 5:94-3.14.[2]

[2]

Editor's Note: N.J.A.C. 5:94-1.1 et seq. expired 9-11-2016.

F.

Area and yard requirements for permitted uses and accessory structures.

			Requirement
Category			Hotels/Motels	Other Uses
Principal buildings, minimum
	Minimum lot area		10,000 square feet	5,000 square feet
	Minimum lot frontage		100 feet	50 feet
	Minimum lot width		100 feet	50 feet
	Minimum lot depth		100 feet	100 feet
	Minimum setback¹
		Side yard, each	8 feet²	8 feet²
		Front yard	10 feet	10 feet
		Rear yard	15 feet	15 feet
Maximum building height			49 feet	36 feet from base flood elevation (BFE) or 3 stories, whichever is less
Maximum building coverage			80%	80%
Maximum lot coverage			80%	80%
Accessory building, minimum
	Distance to front line		N/A	N/A
	Distance to side line		4 feet	4 feet
	Distance to rear line		4 feet	4 feet
	Distance to other buildings		4 feet	4 feet

NOTES:
¹	For the purposes of this section, setbacks shall be clear, unoccupied and unobstructed space measured at right angles between a lot line and the building envelope and shall extend from grade to sky, except for the permitted encroachments detailed hereinbelow, provided that such encroachments do not inhibit the free flow of pedestrian traffic. Setbacks shall be construed as minimum distances. Greater setbacks are permitted, provided that the specific distances and design relate to the architecture of the subject building elevation, and further provided that the setback area is heavily treated with a combination of elements detailed hereinbelow.
²	Zero-foot setback where adjoining structures are constructed with a common party wall, provided that access to the rear of each side of the structure is maintained via a service alley, and further provided that the parking requirements for each use are maintained via a shared parking or similar arrangement.

G.

Design standards. The following design standards have been established in order to enhance the City's tourist economic base while creating an attractive and inviting pedestrian-scaled environment in the Motel Commercial Zoning District. While this chapter does not mandate a specific theme for a development in the MC Zoning District, designers are strongly encouraged to recognize the historic setting of North Wildwood as a family-oriented seashore resort when selecting a design theme. The following regulations shall be treated as design elements subject to variance relief:

(1)

The entirety of all building elevations fronting a numbered avenue(s), such as Surf and/or Atlantic Avenue(s), regardless of building height, shall be considered a front yard and primary elevation, with facades and appurtenances treated accordingly.

(2)

Elevations of all buildings which do not front a numbered avenue(s), such as Surf and/or Atlantic Avenue(s), when visible from a public right-of-way (i.e., above the height of adjacent buildings, whether present or prospective), shall be considered a front yard and primary elevation, with facades and appurtenances treated accordingly.

(3)

All building elevations, including those of accessory buildings, shall coordinate form, materials, color and detailing to achieve design harmony and continuity.

(4)

In considering facade treatment, the applicant/developer is encouraged to include a combination of rich detailing, texture, shadow lines and color. Such treatment may include, but need not be limited to:

(a)

Awnings and canopies.

(b)

Building articulation.

(c)

Coping, fascia, soffits and architectural filigree.

(d)

Signage.

(e)

Use of color, light and shadows.

(f)

Other aesthetic features consistent with the Design Guidelines for the Wildwoods Boardwalk (Appendix XX), as applicable.[3]

[3]

Editor's Note: The Design Guidelines for the Wildwoods Boardwalk are on file in the City offices.

(5)

The above notwithstanding, the main entrance to a development in the MC Zoning District need only be located on a single elevation, with facades and appurtenances treated accordingly.

(6)

For public parking lots:

(a)

Public parking lots shall be no closer than six feet to any lot line, and said area shall be suitably landscaped. Landscaped islands, triangles or strips planted with shrubbery and trees shall be distributed throughout the parking lot in order to break the view of rows of parked cars but in a manner not impairing visibility.

(b)

Any public parking lot open for business after dark will be illuminated with lamp fixtures emitting a minimum of one footcandle between the hours of 1/2 hour after sunset to 1/2 hour before sunrise, except when the parking lot is empty.

(c)

All paid public parking lots shall be paved with macadam or concrete with striped parking spaces no less than nine feet by 18 feet. The parking lot surface shall be maintained in a clean and level fashion.

(d)

Public parking lots shall be licensed by the City of North Wildwood and conform to applicable codes of the City.

(7)

For hotels and motels, the following standards are applicable:

(a)

The public lobby, registration (check-in) and information station (front desk) serving a hotel and/or motel in the MC Zoning District may have its public entrances on any building elevation, regardless if whether such entrance fronts a numbered avenue(s), such as Surf and/or Atlantic Avenue(s).

(b)

Each hotel or motel dwelling unit shall provide a minimum of 250 square feet of net habitable floor area for each unit containing one sleeping room and one bathroom and 350 square feet of net habitable floor area for each unit containing one sleeping room, one bathroom and cooking facilities. There shall be a residency limitation on all guests of 30 days, provided that the residency limitation shall not apply to an employee living on the premises.

(c)

A permanent on-site superintendent's apartment or living quarters shall be permitted within a hotel or motel and shall be included in the calculation of the permitted density and the number of units with cooking facilities.

(8)

In order to create an attractive and inviting pedestrian-scaled environment in the MC Zoning District, long runs of blank, unarticulated or unadorned walls, at the pedestrian level or above, are prohibited. Designers are encouraged to include both horizontal and vertical building articulation, combinations of windows (faux or real), architectural detailing and ornamentation to create an attractive and exciting design on all building facades. In furtherance of this requirement:

(a)

No exterior building wall shall have an uninterrupted horizontal run along a single plane for more than 50 linear feet, and no exterior building wall shall have an uninterrupted vertical run for more than 24 feet. The intent of this regulation may be achieved via structural or ornamental treatment.

(b)

Horizontal articulation of rooflines is strongly encouraged.

(c)

While glass elements are permitted as architectural features, blank walls and the use of glass curtain wall construction are prohibited.

(d)

The uses of dramatic corporate icons and outdoor theatrical lighting are encouraged in harmony with the historic setting of North Wildwood as a family-oriented seashore resort.

(e)

Where the exterior wall(s) of a building abut an adjacent residential use, the facade shall be heavily landscaped and buffered from such residential use.

(f)

Street frontages. In order to maximize the vibrancy of the street frontage within the MC Zoning District:

[1]

With the exception of ground-floor garage entry/exitways, the ground-floor frontage of all structures within the Motel Zoning District abutting a numbered avenue(s), such as Surf and/or Atlantic Avenue(s), shall be devoted to active uses or shall be designed as a decorative streetscape with such treatment and features as may be required to provide a sense of excitement and vibrancy along an otherwise lifeless facade.

[2]

Excessive building runs on the same plane at the ground-floor level shall be avoided. A combination of building articulation, facade differentiation and other architectural treatments shall be required to provide the illusion of active uses (e.g., storefronts).

[3]

Where designed as an active use, such ground-floor frontage shall include clear storefront glass areas to display the nature of the use within. Such windows may be either typical large, single panes or multiple smaller panes separated by mullions.

[4]

Each individual use shall have its own independent entryway from the sidewalk/street right-of-way. Frontage may either have identical designs to reinforce the overall design of the building or varied designs to express individual uses.

[5]

Where designed as a decorative streetscape, such treatment may include, but need not be limited to, landscaping and hardscaping, benches and other street furniture, decorative lighting (both pedestrian and architectural lighting standards), statuary and other public art, and like and similar features which achieve the stated goal both during the day and nighttime hours, for the full 12 months of the year.

[6]

With the exception of the decorative streetscape treatments described herein, sidewalks shall extend from the building facade to the curb.

[7]

For the purposes of this section, setbacks shall be clear, unoccupied and unobstructed space measured at right angles between a lot line and the building envelope and shall extend from grade to sky, except for the following permitted encroachments, provided that such encroachments do not inhibit the free flow of pedestrian traffic:

[a]

Awnings,* canopies* and porte cocheres.*

[b]

Flag/banner poles.

[c]

Bicycle racks,* benches,* trash receptacles* and other street furniture.*

[d]

Pedestrian walkways, breezeways and atria.

[e]

Ornamental architectural features.*

[f]

Parking areas and access drives thereto.

[g]

Tables for outdoor dining.*

[h]

Signage and lighting.

[i]

Fences and landscaping.*

[j]

Like and similar features.

(g)

Outdoor dining shall take place on site but not be located in the public sidewalk and/or public/street right-of-way. Outside tables and seats may be situated outside of the building on the parcel/lot but not in the public/street right-of-way. No operation of a business in the MC Zoning District shall be located in such a way that less than five feet of paved sidewalk remains for the exclusive use of the traveled way for pedestrians, nor shall any such operation of the business or outside tables and seats project or protrude into, on or above the required five-foot-wide pedestrian passageway.

(h)

Setbacks shall be construed as minimum distances. Greater setbacks are permitted, provided that the specific distances and design relate to the architecture of the subject building elevation, and further provided that the setback area is heavily treated with a combination of elements designated above by asterisks(*).

(i)

Setbacks shall not apply to vacated rights-of-way. Awnings and canopies servicing street-level commercial space entryways may extend into/onto a public right-of-way at a distance to the curb, with support of said awnings and canopies at the curb and building facade. The public right-of-way underneath the awnings and canopies shall remain clear.

H.

Screening.

(1)

For hotels/motels, delivery and loading areas, mechanical equipment, garbage and recycling storage and similar back-of-the-house functions shall be enclosed within the building and shall be screened so as not to be visible from any public right-of-way or adjacent property.

(2)

For all other uses, delivery and loading areas, mechanical equipment, garbage and recycling storage and similar back-of-the-house functions, functions shall be enclosed within the building to the extent practicable. Otherwise, such functions shall be screened so as not to be visible from any public right-of-way or adjacent property.

(3)

Pergolas, trellises or other screening above parked vehicles is required where exposed flat roofs are used as parking decks and for mechanical and related items.

I.

General requirements.

(1)

Any principal building may contain more than one permitted use and/or organization, provided that the total building coverage of the combined activities does not exceed the maximum building coverage specified for the district and, further, that each activity occupies a minimum gross floor area of 500 square feet for uses in the zoning district.

(2)

More than one principal building shall be permitted in all structures. All principal buildings shall be separated by a minimum of 20 feet, provided such separation is to be used solely for pedestrian circulation. All buildings shall be separated by a minimum of 50 feet where any part of such separation is to be used for parking or vehicular circulation. However, the separation requirements should not be construed to prohibit covered pedestrian walkways when the roof or covering of such walkway extends between the buildings. Pedestrian circulation zones shall be marked with yellow cross-striping pavement markings and marked with signage as "No Parking or Standing Zones" if adjacent to automobile traffic or parking areas.

(3)

All buildings on a single commercial site shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes.

(4)

Merchandise, products, equipment or similar materials or objects can be displayed or stored outside so long as the merchandise, products, equipment or similar materials or objects shall be located/installed in such a manner that they do not interfere with or are not located in the sidewalk area to prevent free travel of pedestrians. No operation of a business in the MC Zoning District shall be located in such a way that less than five feet of paved sidewalk remains for the exclusive use of the traveled way for pedestrians, nor shall any such operation of the business or outside tables and seats project or protrude into, on or above the required five-foot-wide pedestrian passageway.

(5)

All areas not utilized for buildings, parking, loading, access aisles, driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings and maintained in good condition. Suggested plant species are referenced in Appendix A.[4]

[4]

Editor's Note: Appendix A is on file in the City offices.

(6)

Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front yard of any principal structure and/or lot. Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front 50% of a side yard setback; and as to any such equipment that is located in a side yard setback, it shall be screened so as to not be visible from any street or adjoining property when viewed from ground level. Temporary (i.e., removable) window air-conditioning units and temporary ductless air-conditioning/HVAC compressor units that do not project more than one foot beyond the existing structure are permitted when incorporated into an existing building by way of renovation. Replacement of in-kind units, without any increase in footprint size, located in the setback area prior to the adoption of this section are exempt from this regulation.

(7)

Landscaping shall be provided in the front yard area and shall be reasonably distributed throughout the entire front yard area. Suggested plant species are referenced in Appendix A.[5]

[5]

Editor's Note: Appendix A is on file in the City offices.

(8)

Bicycle racks shall be located on the business site, with a minimum capacity of seven bicycles. No locking mechanisms need to be provided. The racks shall be located/installed in such a manner that they do not interfere with or are not located in the public/street right-of-way and/or sidewalk area.

J.

Sign requirements.

(1)

General signage standards.

(a)

While not located on the Boardwalk, the signage section of the Design Guidelines for the Wildwoods Boardwalk (Appendix XX and referenced and incorporated herein)[6] shall serve as the philosophical underpinnings for the standards for signage in the MC Zoning District, with specific standards established accordingly hereinbelow. All exterior signs shall identify uses, activities or functions of the development on which the sign is located. No advertising of any product, use or activity outside of the development shall be permitted.

[6]

Editor's Note: The Design Guidelines for the Wildwoods Boardwalk are on file in the City offices.

(b)

Signage for similar project elements shall be coordinated and similarly themed to provide a unifying style. All signs for individual uses shall conform in character with all other signs in the complex and shall blend with the overall architectural scheme of the district.

(c)

This regulation shall not be construed to mean that all signs must be identical or to prohibit unique sign designs where necessary and appropriate, but rather that, absent specific justification (i.e., branding/themeing requirements for themed retail outlets or food and beverage outlets), sign design shall be complementary and consistent.

(d)

No vacant signs or sign boxes shall be permitted. Where vacancies occur, corresponding signage shall be immediately replaced with general development or other appropriate signage. Similarly, any sign which falls into a state of disrepair shall immediately be repaired or replaced.

(e)

This regulation shall not be construed to include intentional removal of sign faces in the off-season, which is a typical practice along the Wildwoods Boardwalk. However, upon any such intentional removal, an aesthetically treated replacement panel shall be employed so as not to leave a visibly vacant sign box.

(f)

All signs must be professionally designed and constructed. Homemade-type plywood, coroplast or cardboard signs or home-computer-generated-type signs are expressly prohibited.

(g)

Sign lighting shall be appropriate for the type and style of sign proposed and may include LED, neon or other illumination. Similarly, the use of neon lighting or similar material to create sculptural logo or iconographic images is encouraged.

(h)

No restrictions are established for interior project signage (defined as the interior wall area of a project, whether within an enclosed structure or on the inward-facing frontage of a structure internal to a project.). Developers are encouraged to establish a creative interior sign package consistent with the type and scope of the project proposed.

(2)

Project identification signage.

(a)

Each elevation of a principal building may have one building-mounted project identification sign depicting the name of the project and such other logo or corporate iconography as may be appropriate. While the size, location and configuration of such signage shall be appropriate to the elevation on which such sign is located, such sign shall be located at the uppermost section of the building, but shall be no higher than the roofline of the wall on which such sign is affixed, and shall have a total sign area not exceeding 10 feet in height multiplied by the width of the building elevation on which such sign is affixed. However, each such sign may extend to a maximum of 20 feet in height multiplied by the width of the building elevation on which such sign is affixed, provided the sign conforms to the conditional signage standards detailed hereinbelow. The bottom edge of such sign shall be a minimum of 10 feet from finished grade if located on a numbered avenue (i.e., 26th or 25th Avenue), Surf Avenue or Atlantic Avenue, but in no case shall it project below the awning, canopy or other element on which such sign is affixed.

(b)

In addition to the project identification signs as permitted herein, each porte cochere or primary entranceway of a principal building may have one building-mounted project identification sign depicting the name of the project and such other logo or corporate iconography as may be appropriate. While the size, location and configuration of such signage shall be appropriate to the porte cochere or entranceway on which such sign is located, such sign shall not exceed the length of the awning, canopy or other element over which such sign is affixed. The bottom edge of such sign shall be a minimum of 10 feet from finished grade if located on a numbered avenue, Surf Avenue or Atlantic Avenue, but in no case shall it project below the awning, canopy or other element on which such sign is affixed. The height of such sign shall be 12 feet from finished grade, but in no case higher than the awning, canopy or other element on which such sign is affixed, and shall have a total sign area not exceeding two feet in height multiplied by the width of the awning, canopy or other element on which such sign is affixed. However, such signage may extend to a maximum of four feet in height multiplied by the width of the awning, canopy or other element on which such sign is affixed, provided such sign conforms to the conditional signage standards detailed herein. In such case, the height of such sign shall be 14 feet from finished grade.

(c)

Each principal building may have one freestanding project identification (pole) sign per street frontage depicting the name of the project and such other logo or corporate iconography as may be appropriate. The location and configuration of such signage shall be appropriate to the street frontage on which such sign is located. However, freestanding signs shall respect the building setbacks as provided for herein. Each such identification sign shall not exceed 150 square feet in area or 25 feet in height. However, each such sign may extend to a maximum of 1,000 square feet in area and 50 feet in height, provided it conforms to the conditional signage standards detailed hereinbelow.

(3)

Use-oriented identification signage.

(a)

Each permitted principal use within but visible from the outside of a hotel/motel may have one use-oriented identification sign mounted above the storefront of such use, depicting the name of the use and such other logo or corporate iconography as may be appropriate.

(b)

Each individual use-oriented identification sign shall not exceed the length of the storefront over which such sign is affixed. The bottom edge of such sign shall be a minimum of 10 feet from finished grade if located on a numbered avenue, Surf Avenue or Atlantic Avenue, but in no case shall it project below the awning, canopy or other element on which such sign is affixed.

(c)

Such sign shall be no higher than the awning, canopy or other element on which such sign is affixed and shall have a total sign area not exceeding two feet in height multiplied by the width of the awning, canopy or other element on which such sign is affixed. However, each such sign may extend to a maximum of four feet in height multiplied by the width of the awning, canopy or other element on which such sign is affixed, provided such sign conforms to the conditional signage standards detailed hereinbelow.

(4)

See § 276-40 (requirements for signs) for additional standards.

K.

Minimum off-street parking. Each individual use shall provide parking spaces according to the following minimum provisions. Where a permitted use of land includes different specific activities with different specific parking requirements, individually computing the parking requirements for each different activity and adding the resulting numbers together shall obtain the total number of required parking spaces.

(1)

Hotels and motels shall provide parking as follows:

Room Size (square feet)	Parking Spaces (per unit)
Under 375	1.1
376 to 800	1.25
801 to 1,250	1.5
Over 1,250	2.0
Plus 1 space for every 10 seats provided in an ancillary restaurant

(a)

Freestanding parking garages or storage sheds are not permitted as part of a motel development. Accordingly, all garages and storage structures shall be physically attached to the motel. It is the City's intention not to permit traditional, open parking decks wherein parked vehicles are visible to the public from any right-of-way. Window-like cutouts and/or other architectural elements are required so as to resemble hotel/motel units while providing for garage ventilation as necessary. Parking garages may be attached by way of an enclosed walkway, which may be elevated or at grade. Off-site parking lots can be located off site from the motel development within the block hosting the subject property and the block frontage facing the subject property.

(b)

For the purpose of this section:

[1]

The term "block hosting the subject property" shall mean the entirety of the block on which the property proposing the expansion of multifamily development units is located; and

[2]

The term "block frontage facing the subject property" shall mean the (typically 1/2) portion of the block across the street from the subject property between intersecting streets.

(2)

Bed-and-breakfast establishments shall provide one space per sleeping room, plus two spaces for the permanent living quarters of the owner.

(3)

Permitted uses such as those uses listed in § 276-24B(3), (4), (5) and (8) shall provide parking at the ratio of one space per 400 square feet of gross floor area.

(4)

Traditional open-air, active, sports-oriented entertainment/recreation elements, such as tennis courts and miniature golf courses, shall provide one space per each hole, plus one space for each employee, but in all cases a sufficient number of spaces shall be provided to accommodate expected needs for any permitted recreational use.

(5)

Permitted uses such as those uses listed in § 276-24B(6) shall provide a minimum of one space for every six seats, but in all cases a sufficient number of spaces to prevent any parking along private driveways, fire lanes and aisles. Outdoor seating/dining areas intended for use during spring, summer and autumn months shall not be considered when calculating the number of parking spaces required by this subsection.

(6)

Shared parking use of open parking lots with other permitted uses of the MC Zoning District is highly encouraged.

(7)

See § 276-35 (requirements for parking) for additional standards.

L.

Minimum off-street loading; trash and garbage locations.

(1)

The need for, location and design of off-street loading and unloading areas shall be considered and determined at the time of site plan review. Off-street loading and unloading areas shall take place on site but not in the public/street right-of-way.

(2)

The need for, location and design of trash and garbage locations shall be considered and determined at the time of site plan review. Recycling, trash and garbage loading and unloading areas shall take place on site but not in the public/street right-of-way. All solid waste not stored within a building shall be stored within an enclosed container.

(3)

Each use must include provisions for the collection, disposition and recycling of recyclable materials, including newspapers, leaves, white high-grade paper, glass bottles and jars, aluminum, corrugated cardboard, and tin and bimetal cans. The amount of recyclable material generated weekly by each use shall be quantified and reviewed during site plan review to determine whether the storage area to contain a week's accumulation of recyclable material is adequate in size and location. The storage area shall be designed for truck access for pickup of materials and shall be suitably screened from view if located outside a building.

(4)

Recycling, trash and garbage loading and unloading areas shall be marked with yellow cross-striping pavement markings and marked with signage as "No Parking or Standing Zones" if adjacent to automobile traffic or parking areas.

(5)

For hotels/motels, delivery and loading areas, mechanical equipment, garbage and recycling storage and similar back-of-the-house functions shall be enclosed within the building and shall be screened so as not to be visible from any public right-of-way or adjacent property.

(6)

See § 276-44 for additional standards.

A.

Boundary.

(1)

Properties which are located within 100 feet of the Boardwalk between 16th Avenue and 26th Avenue shall be located within the Boardwalk zone. In the event a property fronts the Boardwalk and it located more than 100 feet from the Boardwalk itself, the entire property shall be governed by the standards set forth herein.

B.

Principal permitted uses on the land and in buildings:

(1)

Bed-and-breakfast establishments.

(2)

Retail sales of goods customarily required/desired by the City's tourist visitor base, including, but not limited to, sporting goods; hobby and craft items; books; photographic and video items; seashore-related clothing and dry goods; antiques; artworks; toys; gifts; novelties, suntan lotions and variety items; jewelry; and like and similar items.

(3)

Retail sales of goods customarily required/desired by the City's tourist visitor base, including, but not limited to, specialty food and beverage outlets, such as bakeries, candy stores, ice cream parlors, and like and similar uses.

(4)

Retail sales of services customarily required/desired by the City's tourist visitor base, including, but not limited to, barber, beauty and nail services; specialized day spa services; and like and similar personal services.

(5)

Bicycle, beach accessory and water-sport sales and rental, including sales or rental venues (storefronts) for off-site pickup or activity.

(6)

Specialized open-air entertainment/recreation elements, such as amphitheaters and themed attractions.

(7)

Public parking lots.

(8)

Specialized enclosed entertainment/recreation elements, such as theaters, arenas, aquariums, museums (cultural or popular), themed attractions, and other like and similar attractions.

(9)

Enclosed active, sports-oriented entertainment/recreation elements, such as fitness centers, swimming pools, surfing pools, waterparks, bowling alleys, skating rinks, batting cages, active recreation simulators and other like and similar attractions.

(10)

Miniature golf courses.

(11)

Enclosed amusement arcades, provided that they front on and have direct access to the Boardwalk.

(12)

Publicly oriented tourist information centers, public safety substations for municipal service providers, public restrooms and other public purpose uses.

(13)

Wireless antennas, provided that new antennas utilize co-location or are installed on existing structures.

C.

Accessory structures and uses permitted:

(1)

Such ancillary uses as are normal and customary to a permitted principal use in a family-oriented, seashore environment, including, but not limited to, tennis courts, swimming pools, bathhouses and changing areas, lounges, bars, and kiosks serving alcoholic beverages.

(2)

Enclosed amusement arcades which do not front on or have direct access to the Boardwalk, associated with a permitted use.

(3)

Automated teller machines (ATMs), provided that, if accessed from the exterior of a building, such machines shall be installed within the wall of the building, it being the intent not to permit freestanding exterior ATM kiosks. ATM kiosks wholly located and accessed from the interior of a building are permitted.

(4)

Off-street parking (see § 276-25I hereinbelow and § 276-35).

(5)

Fences and walls (see § 276-30).

(6)

Signs (see § 276-25H hereinbelow and § 276-40).

(7)

Garages and storage buildings.

(8)

Home occupations (see § 276-7 for definitions and requirements).

(9)

Satellite dish antennas. All satellite dish antennas shall be no larger than four feet in diameter, located on the principal structure, or as a accessory structure meeting accessory structure yard requirements and located in the rear yard. Satellite dish antennas shall not be seen from the front facade of the building or the street right-of-way.

(10)

Public utility cabinet(s) not exceeding three feet in height, with adequate landscaping screening as necessary, and not located in sight triangle easements at street corner intersections. It is recommended that public utility cabinet(s) be located underground in watertight vaults. Suggested plant species are referenced in Appendix A.[1]

[1]

Editor's Note: Appendix A is on file in the City offices.

(11)

Christmas tree sales. The annual sale of Christmas trees is permitted between December 1 and December 25, inclusive.

(12)

Public election voting places. The provisions of this chapter shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

(13)

Public utility lines for the transportation and distribution and control of water, electricity, gas, oil, steam, telecommunications, and their supporting members, other than buildings or structures, shall not be required to be located on a lot, nor shall this chapter be interpreted as to prohibit the use of a property in any zone for the above uses.

(14)

Outdoor dining areas with tables on the sidewalk in front of or on the side of the permitted and conditional use premises. Outdoor dining areas shall take place on site but not be located in the public sidewalk and/or public/street right-of-way for the premises. Outside tables and seats may be situated outside of the building on the parcel/lot but not in the public/street right-of-way. No operation of a business in the RH Zoning District shall be located in such a way that less than five feet of paved sidewalk remains for the exclusive use of the traveled way for pedestrians, nor shall any such operation of the business or outside tables and seats project or protrude into, on or above the required five-foot-wide pedestrian passageway.

(a)

The hours of operation of an outdoor dining area shall be limited to the hours of operation of the associated restaurant. In no event shall the hours of operation go past 3:00 a.m.

(b)

Outdoor dining is separate from a sidewalk cafe/restaurant, as it is defined as any part of a food establishment located outdoors.

(c)

Adequate lighting shall be provided to promote safe passage of pedestrians and for patrons.

(d)

Awnings and/or umbrellas may be used in conjunction with the outdoor dining areas. Awnings shall be adequately secured. Awnings, including supporting structures, must be within the property line. The bottom of the awning shall be seven feet from the ground.

(15)

Solar energy systems (see Article XII).

(16)

Temporary construction trailers and one sign not exceeding 50 cumulative square feet advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction, beginning with the issuance of a construction permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, provided said trailer(s) and sign are on the site where construction is taking place and set back at least 10 feet from all street and lot lines.

D.

Prohibited uses. All uses not specifically permitted are prohibited.

E.

Conditional uses permitted.

(1)

Hotels and motels, as defined in § 276-7 (Definitions and word usage), from 2nd Avenue to 26th Avenue, conditioned upon said hotels and motels directly front the Boardwalk, the Beach or John F. Kennedy Boulevard. Hotels and motels shall also be conditioned upon compliance with the applicable area and yard requirements set forth within § 276-24F as applicable to hotels and motels, and shall be subject to the following requirements:

[Amended 5-17-2022 by Ord. No. 1878]

(a)

The hotel or motel structure shall:

[1]

Maintain a public lobby/front desk area or registration (check-in) and information station (front desk) serving hotel/motel guests and the general public with in-house staff available on a twenty-four-hour basis.

[2]

Maintain a linen closet, ice machine and beverage/candy vending area, at a minimum, on alternating floors.

[3]

The structure may provide the following amenities: restaurants, banquet or dining rooms, conference rooms, swimming pools and other aquatic facilities designed for use on a year-round basis, room service, linen service and other normal and customary elements to such facilities.

[4]

Be designed with back-of-the-house linen and garbage chutes accessing all floors.

[5]

Maintain full-time, on-site staff and management.

[6]

Maintain a published business phone number and, to the extent that such advertising is part of the facilities' business model, advertise daily rentals and hotel-like services to the general public.

[7]

Pay sales tax, use tax and tourism room tax as required by the Tourism Improvement and Development District Act (N.J.S.A. 40:54D-1 et seq.).

[8]

Be designed and managed such that each utility (water, sewer, electric, natural gas, telephone and cable television) servicing a hotel or motel structure shall commonly meter its service to all units within such structure and shall commonly bill such service to the hotel or motel management entity.

(b)

Hotels and motels which are converted to and/or owned in the form of a Condominium Association, commonly referred to as "condotels," consisting of individually owned units within a hotel or motel structure shall be subject to the foregoing and the following regulations:

[1]

Individually owned hotel or motel units shall be defined as a privately owned unit(s) within a hotel or motel structure which are made available for sale to the general public for investment purposes only. These units shall be rented, used, let, or hired out for compensation, exclusively for transient occupancy by the general public, by reservation or walk-up without reservations, on a daily or weekly basis, but in any case, without a lease, for occupancy of not less than one night nor more than 20 continuous nights.

[2]

These units shall not be used for any primary residential purpose on either a temporary or permanent basis.

[3]

The renting of units within hotels and motels which are converted to and/or owned in the form of a Condominium Association shall be handled exclusively through a central office maintained by the Condominium Association.

(c)

The public lobby, registration (check-in) and information station (front desk) serving a hotel or motel may have its public entrances on a numbered avenue, Surf Avenue, Ocean Avenue or the western or eastern (if not fronting the Boardwalk) facade of the building. Additionally, hotels or motels in the Boardwalk Zone fronting the Boardwalk shall be designed with a direct access to the lobby and registration area from the Boardwalk.

(d)

Freestanding garages or storage sheds are not permitted as part of a hotel or motel development. Accordingly, all garages and storage structures shall be physically attached to the hotel or motel structure, and all recycling and refuse storage shall be within the hotel or motel structure. Parking garages may be attached by way of an encircled walkway, which may be elevated or at grade.

[1]

It is the City's intention not to permit traditional, open parking decks wherein parked vehicles are visible to the public from any right-of-way. Window-like cutouts and/or other architectural elements are required so as to resemble hotel or motel units while providing for garage ventilation as necessary.

[2]

Boardwalk frontage. In order to maximize the vibrancy of this significant frontage:

[a]

The entire Boardwalk frontage of a development shall be devoted to active permitted principal uses, including, but not limited to, retail and/or food and beverage uses or accessways to a hotel or motel lobby and registration area, if applicable.

[b]

Such Boardwalk frontage shall include clear storefront glass (which may be tinted) areas to display the nature of the use within and produce an interesting pedestrian streetscape. Such windows may be either typical large, single panes or multiple smaller panes separated by mullions.

[c]

Each individual use shall be oriented to and have its own independent entryway from the Boardwalk. Frontages may either have identical designs to reinforce the overall design of the building or varied designs to express individual uses.

[d]

Only restaurants, permitted retail and commercial uses, banquet or dining rooms, conference rooms, swimming pools, and like and similar amenities shall be located along the fifteen-foot-high, zero-setback portion of the Boardwalk facade as described hereinabove, it being the intention to buffer lodging units from the boisterous environment of the Boardwalk.

[e]

Awnings and canopies servicing Boardwalk-level commercial space may extend into the Boardwalk right-of-way no further than four feet from the building facade.

(e)

Screening.

[1]

For hotel or motel structures, delivery and loading areas, mechanical equipment, garbage and recycling storage and similar back-of-the-house functions shall be enclosed within the building to the extent practicable. Otherwise, such functions shall be screened so as not to be visible from any public right-of-way or adjacent property.

[2]

All solid waste not stored within a building shall be stored within an enclosed container.

[3]

Pergolas, trellises or other screening above parked vehicles is required where exposed flat roofs are used as parking decks and for mechanical and related items.

[4]

With the exception of miniature golf courses or similar outdoor sporting venues, no merchandise, products, equipment or similar materials or objects shall be displayed or stored outside.

(f)

Use-oriented identification signage.

[1]

Signage attendant to a permitted principal use not located within a conditional hotel or motel shall be subject to the provisions of project identification signage hereinabove.

[2]

Signage associated with a conditional hotel or motel shall be subject to the provisions of project identification signage hereinabove for the hotel or motel structure. Signage attendant to permitted principal uses within a conditional hotel or motel but visible from the outside of such structure (i.e., a storefront located within a hotel or motel but visible and accessible from the street or Boardwalk) shall be subject to the provisions of Subsection E(1)(b)[1] hereinabove.

[3]

Each permitted principal use within but visible from the outside of a conditional hotel or motel (i.e., a storefront located within a hotel or motel but visible and accessible from the street or Boardwalk) may have one use-oriented identification sign mounted above the storefront of such use, depicting the name of the use and such other logo or corporate iconography as may be appropriate. Each individual use-oriented identification sign shall not exceed the length of the storefront over which such sign is affixed. The bottom edge of such sign shall be a minimum of 10 feet from finished grade if located on a numbered street (i.e., 26th Avenue) or Ocean Avenue and 16 feet from the Boardwalk level if located on the Boardwalk, but in no case shall it project below the awning, canopy or other element on which such sign is affixed. Such sign shall be no higher than the awning, canopy or other element on which such sign is affixed and shall have a total sign area not exceeding two feet in height multiplied by the width of the awning, canopy or other element on which such sign is affixed. However, each such sign may extend to a maximum of four feet in height multiplied by the width of the awning, canopy or other element on which such sign is affixed, provided such sign conforms to the conditional signage standards detailed herein.

[4]

Conditional signage standards. The signage section of the Design Guidelines for the Wildwoods Boardwalk (Appendix XX herein)[2] shall serve as the conditional use standards for signage in the RH Zoning District.

[2]

Editor's Note: The Design Guidelines for the Wildwoods Boardwalk are on file in the City offices.

[5]

See § 276-40 (requirements for signs) for additional standards.

[6]

Hotel or motels shall provide parking as follows:

Room Size (square feet)	Parking Spaces (per unit)
Under 375	1.1
376 to 800	1.25
801 to 1,250	1.5
Over 1,250	2.0
Plus 1 space for every 10 seats provided in an ancillary restaurant

[7]

Restaurants, bars and/or taverns associated with or without a hotel or motel shall provide a minimum of one space for every six seats, but in all cases a sufficient number of spaces to prevent any parking along private driveways, fire lanes and aisles. Outdoor seating/dining areas intended for use during spring, summer and autumn months shall not be considered when calculating the number of parking spaces required by this subsection.

[8]

Eating and drinking establishments, including restaurants and specialty food outlets, bars and taverns shall provide a minimum of one space for every four seats. Outdoor seating/dining areas intended for use during spring, summer and autumn months shall not be considered when calculating the number of parking spaces required by this subsection.

[9]

Credit shall be given on a 50% basis (rounded to the higher number) for on-street parking spaces towards the nonresidential component of a project's parking requirement [e.g., seven on-street spaces will get credit for four on-site spaces (7 x 50% = 3.5, and 3.5 rounded to the higher number is 4)]. The on-street spaces shall be directly adjacent to the subject property, be clearly indicated on the site plan, measure eight feet by 22 feet, and not interfere with loading or delivery operations, fire lanes, bikeways, bus stops, sight triangles, pedestrian crossings or driveways.

[10]

A developer may satisfy up to two spaces of nonresidential parking deficiency by contributing to a municipal parking capital improvement fund for the design, purchase, construction and maintenance of municipal parking lots. The developer shall make a contribution of $4,000 per deficient space. Full payment is required as a condition of the issuance of the first construction permit. Upon full payment by an applicant/developer to the parking fund, no contribution is refundable.

[11]

See § 276-35 (requirements for parking) for additional standards.

(g)

Minimum off-street loading; trash, recycling and garbage locations.

[1]

The need for, location and design of off-street loading and unloading areas shall be considered and determined at the time of site plan review. Off-street loading and unloading areas shall take place on site but not in the public/street right-of-way.

[2]

The need for, location and design of trash and garbage locations shall be considered and determined at the time of site plan review. Recycling, trash and garbage loading and unloading areas shall take place on site but not in the public/street right-of-way. All solid waste not stored within a building shall be stored within an enclosed container.

[3]

Each use must include provisions for the collection, disposition and recycling of recyclable materials, including newspapers, leaves, white high-grade paper, glass bottles and jars, aluminum, corrugated cardboard, and tin and bimetal cans. The amount of recyclable material generated weekly by each use shall be quantified and reviewed during site plan review to determine whether the storage area to contain a week's accumulation of recyclable material is adequate in size and location. The storage area shall be designed for truck access for pickup of materials and be suitably screened from view if located outside a building.

[4]

Recycling, trash and garbage loading and unloading areas shall be marked with yellow cross-striping pavement markings and marked with signage as "No Parking or Standing Zones" if adjacent to automobile traffic or parking areas.

[5]

For hotels or motels, delivery and loading areas, mechanical equipment, garbage and recycling storage and similar back-of-the-house functions shall be enclosed within the building and shall be screened so as not to be visible from any public right-of-way or adjacent property.

(2)

Resort hotel structures, to be defined as a structure which contains, but is not necessarily solely comprised of, resort hotel units (as defined in § 276-7) which are designed, designated and intended to be used, let or hired out for compensation for transient occupancy to the general public by reservation or walk-up without reservation, but in any case without lease, for occupancy in periods of not less than one night and not more than 20 continuous nights; except that resident management shall not be subject to the occupancy limitation.

[Amended 5-17-2022 by Ord. No. 1878]

(3)

Conditional use area and yard requirements.

			Requirement
Category			Hotels/Motels and Apartment/Condominium Buildings (as defined herein)	Other Uses
Principal buildings, minimum
	Minimum lot area		6,000 square feet	5,000 square feet
	Minimum lot frontage		60 feet	50 feet
	Minimum lot width		60 feet	50 feet
	Minimum lot depth		100 feet	100 feet
	Minimum setback¹ (except where abutting the Boardwalk, Surf or Ocean Avenues and a numbered avenue²)
		Side yard, each	8 feet³	8 feet³
		Front yard	10 feet	10 feet
		Rear yard	15 feet	15 feet
	Boardwalk setback, regardless of whether front, side or rear yard		0 feet	0 feet
	Surf and Ocean Avenue setback, regardless of whether front, side or rear yard		8 feet	8 feet
	Setback along a numbered avenue,⁴ regardless of whether front, side or rear yard
		Between the Boardwalk and 30 feet west of the Boardwalk, grade to 15 feet from the Boardwalk level	0 feet	0 feet
		Between the Boardwalk and 30 feet west of the Boardwalk, 15 feet from the Boardwalk level to 48 feet from grade	8 feet	8 feet
		30 feet west of the Boardwalk to the western edge of the block: grade to 48 feet from grade	8 feet	8 feet
Maximum building height			66 feet, subject to the building 36 feet from base flood elevation envelope restrictions established (BFE) or three stories, whichever for conditional vertical is less development. (See Conceptual Building Envelope Diagrams following this schedule.)
Maximum building coverage			80%	80%
Maximum lot (impervious) coverage			80%	80%
Accessory building, minimum (no accessory building shall abut the Boardwalk)
	Distance to front line		N/A	N/A
	Distance to side line		4 feet	4 feet
	Distance to rear line		4 feet	4 feet
	Distance to other buildings		4 feet	4 feet
Minimum lot area			No minimum established. Lot area shall be calculated by multiplying the minimum lot width by the minimum lot depth.	No minimum established. Lot area shall be calculated by multiplying the minimum lot width by the minimum lot depth.
Minimum lot width/street frontage
	Properties abutting the Boardwalk		400 feet⁵	400 feet⁵
	Properties not abutting the Boardwalk whose most westerly line is within the easterly 1/3 of the block⁶		150 feet	150 feet
	Remaining properties		100 feet	100 feet
Lot depth (absolute)			200 feet (street to street)
At-grade setbacks (subject to the building envelope restrictions established herein). See Conceptual Building Envelope Diagrams following this schedule.
	Boardwalk frontage
		Grade to 15 feet from Boardwalk level	0 feet	0 feet
	Numbered avenue⁷
		Between the Boardwalk and 30 feet west of the Boardwalk, grade to 15 feet from the Boardwalk level	0 feet	0 feet
		Between the Boardwalk and 30 feet west of the Boardwalk, 15 feet from the Boardwalk level to 48 feet from grade	8 feet	8 feet
		30 feet west of the Boardwalk to the western edge of the block: grade to 48 feet from grade	8 feet	8 feet
	Surf and Ocean Avenues
		Grade to 48 feet from grade	8 feet	8 feet
	Eastern and western yards (when not abutting the Boardwalk, Surf or Ocean Avenues)
		Grade to 48 feet from grade	15 feet from the property line of a contiguous vertical development	15 feet from the property line of a contiguous vertical development
		Remaining properties	8 feet	8 feet
Maximum building coverage			75%	75%
Maximum lot (impervious) coverage			80%	80%
Maximum building height (subject to the building envelope restrictions established herein). See Conceptual Building Envelope Diagrams following this schedule.
	Properties abutting the Boardwalk		150 feet	150 feet
	Properties not abutting the Boardwalk where any portion thereof is within the easterly 1/3 of the block		120 feet	120 feet
	Properties not abutting the Boardwalk where no portion thereof is within the easterly 1/3 of the block		65 feet	65 feet
ALL PROPERTIES
Fully screened mechanical rooms or other roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning or similar equipment required to operate and maintain the building; telecommunications antennas, satellite dishes and related systems; skylights, spires, cupolas, flagpoles, chimneys or similar architectural features may be erected above the heights prescribed herein to a maximum of 20% of such heights, provided that the screening is found acceptable by the Planning Board or Zoning Board of Adjustment, as the case may be.
Similarly, project identification signage may be erected above the heights prescribed herein to a maximum of 20% of such heights, provided that, at the sole discretion of the Planning Board or Zoning Board of Adjustment, as the case may be, such signage contributes to the iconographic architectural identity of the project.
Building envelope (in addition to the at-grade setbacks established herein). See Conceptual Building Envelope Diagrams following this schedule.
	Any portion of a structure abutting the Boardwalk		15 feet from the Boardwalk level. Thereafter, the structure shall step back 2 feet of horizontal distance from the westerly vertical plane of the Boardwalk for every 1 foot of building height until it intersects its maximum building height or a lower portion of the building envelope.	15 feet from the Boardwalk level. Thereafter, the structure shall step back 2 feet of horizontal distance from the westerly vertical plane of the Boardwalk for every 1 foot of building height until it intersects its maximum building height or a lower portion of the building envelope.
	Any portion of a structure abutting a numbered avenue		In addition to the building envelope established by the Boardwalk, Surf/Ocean Avenue or the eastern/western yard height restrictions, step backs are required, at a minimum:	In addition to the building envelope established by the Boardwalk, Surf/Ocean Avenue or the eastern/western yard height restrictions, step backs are required, at a minimum:
			Between the Boardwalk and 30 feet west of the Boardwalk, 15 feet from the Boardwalk level to 48 feet from grade: 8 feet	Between the Boardwalk and 30 feet west of the Boardwalk, 15 feet from the Boardwalk level to 48 feet from grade: 8 feet
			At the 48-foot level, between the 70-foot and 100-foot levels and between the 100-foot and 130-foot levels (provided the structure, or portion thereof, reaches such heights)⁸	At the 48-foot level, between the 70-foot and 100-foot levels and between the 100-foot and 130-foot levels (provided the structure, or portion thereof, reaches such heights)⁸
	Any portion of a structure abutting Surf Avenue or Ocean Avenue		48 feet from grade	48 feet from grade
			Thereafter, the structure shall step back at a 30° angle from the westerly vertical plane of the structure until it intersects with its maximum building height or a lower portion of the building envelope.	Thereafter, the structure shall step back at a 30° angle from the westerly vertical plane of the structure until it intersects with its maximum building height or a lower portion of the building envelope.
	Eastern and western yards (when not abutting the Boardwalk, Surf or Ocean Avenues)		In addition to the at-grade setbacks established herein, step backs are required, at a minimum, at the 48-foot level, between the 70-foot and 100-foot levels and between the 100-foot and 130-foot levels (provided the structure, or portion thereof, reaches such heights)	In addition to the at-grade setbacks established herein, step backs are required, at a minimum, at the 48-foot level, between the 70-foot and 100-foot levels and between the 100-foot and 130-foot levels (provided the structure, or portion thereof, reaches such heights)

NOTES:
¹	For the purposes of this section, setbacks shall be clear, unoccupied and unobstructed space measured at right angles between a lot line and the building envelope and shall extend from grade to sky, except for the permitted encroachments.
²	Setbacks shall be construed as minimum distances. Greater setbacks are permitted, provided that the specific distances and design relate to the architecture of the subject building elevation.
³	Zero feet where adjoining structures are constructed with a common party wall, provided that access to the rear of each side of the structure is maintained via a service alley, and further provided that the parking requirements for each use are maintained via a shared parking or similar arrangement.
⁴	E.g., 24th Avenue.
⁵	For the purposes of this section, Boardwalk frontage must be a minimum of 60 contiguous linear feet. Properties that abut the Boardwalk for less than 60 contiguous linear feet shall not qualify under this requirement. Height allowance applies only to that portion of the lot running street to street. Where less than street to street, the maximum building height for standard development (i.e., not conditional vertical development) shall govern.
⁶	Where a block's Boardwalk frontage is angled, distance is measured from the most westerly Boardwalk corner of the block.
⁷	E.g., 24th Avenue, regardless of whether the elevation is a front, side or rear yard.
⁸	Specific step backs are not dictated but shall be appropriate to the architecture of the project. However, minimum step backs equal to 50% of the rise to the next step-back level are recommended, unless it can be demonstrated, to the Board's satisfaction, that a step back of less than 50% of the rise provides a more-appropriate design in light of the visual impact from grade, the degree of shadow impact and the totality of the aesthetics of the building. Deviations from the 50% minimum shall be considered a design waiver and not a variance. Such articulation need not be on the same horizontal plane and should be designed to provide differentiation and interest to the structure's massing.

Conceptual Building Envelope

F.

Boardwalk design standards.

(1)

The Wildwood Boardwalk Design Standards which were prepared as a joint undertaking between the City of North Wildwood and the City of Wildwood by the Wildwoods Boardwalk Design Guidelines Committee, and identified as Appendix B-1,[3] are adopted and incorporated herein by reference.

[3]

Editor's Note: Appendix B-1 is on file in the City offices.

A.

Principal permitted uses on the land and in buildings:

(1)

Existing amusement piers upon which are permitted concession stands and booths for food and games, amusement rides and other similar uses; however, tattoo parlors and adult businesses, including, but not limited to, adult motion-picture theaters, adult bookstores, adult cabarets, adult massage parlors, and adult model studios as defined in § 110-9 of the Code of the City of North Wildwood, New Jersey, are prohibited, as are new amusement piers.

(2)

Restaurants located on existing amusement piers, including restaurants located on existing amusement piers having a license for the sale of alcoholic beverages, as conditional uses under § 276-46.

(3)

Existing water park facilities having a license for the sale of alcoholic beverages as conditional uses under § 276-46.

(4)

Wireless antennas, provided that new antennas utilize co-location or are installed on existing structures.

B.

Accessory uses permitted:

(1)

Signs (see § 276-26F hereinbelow and § 276-40).

(2)

Fences and walls (see § 276-30).

C.

Maximum building or structure height. No building or structure height shall exceed 35 feet in height and 2 1/2 stories from the Boardwalk level except as further provided in § 276-47 of this chapter. No amusement ride shall exceed 150 feet in height from the Boardwalk level.

D.

Area and yard requirements. All buildings and structures located on piers on the ocean side of the Boardwalk in the City of North Wildwood shall be subject to the following:

(1)

Said piers shall maintain an open space or aisle through the entire length of the pier, not less than 20 feet in width. If, at any point on the pier, said aisle splits into two or more aisles, at least two of the aisles shall be not less than 15 feet in width each.

(2)

Said piers shall maintain an access to the beach on the north and south sides of the pier, with one access to be located within 50 feet of the center line of the length of the pier and the other access to be located within the middle 1/3 of the pier. The width of the two accesses shall total 20 feet; however, neither access shall be less than eight feet in width. Each access shall maintain its width until it connects with at least one open space or aisle running the entire length of the pier. Stairways from the pier to the public lands below shall be permitted.

(3)

Said piers shall maintain, at the easterly terminus, an access from the pier to the beach at least 20 feet in width. If two or more accesses are provided, the total width of the combined accesses must be at least 20 feet, and each access shall not be less than eight feet in width. Stairways from the pier to the public lands below shall be permitted.

(4)

Any pier which maintains a concrete water park on the easterly portion of the pier shall be required to maintain 20 feet of open space or aisle through the water park. However, if at any point through the water park said open space or aisle splits into two aisles, the total width of the combined aisles must be at least 20 feet, and each aisle shall not be less than eight feet in width. Said aisle or aisles must connect to the access or accesses leading off the easterly terminus of the pier.

(5)

If any piers are unable to maintain said open space, aisle or aisles, access or accesses, then, in that event, that pier shall maintain a four-foot setback around the entire perimeter of the pier, i.e., no building or structure shall be located closer at any point to the pier or Boardwalk perimeter than four feet.

E.

General requirements.

(1)

No merchandise, products, accessory equipment or similar material or objects shall be displayed or stored outside except for amusement rides located on existing amusement piers. No use or activity associated with a use shall encroach onto the Boardwalk or obstruct pedestrian circulation on the Boardwalk.

(2)

The expansion, extension, improvement or renovation of existing amusement piers is subject to the requirements pursuant to the New Jersey State Division of Coastal Resources, N.J.A.C. 7:7E-1.1 et seq.[1]

[1]

Editor's Note: The provisions of N.J.A.C. 7:7E-1.1 through 1.5 were repealed by R.2015 d.108.

(3)

More than one principal building or structure is permitted on each pier. More than one principal use is permitted on each pier.

(4)

All building walls facing any street, beach, Boardwalk or public area shall be suitably finished for aesthestic purposes.

(5)

Each use shall provide for its own garbage, recycling and unloading needs, the location and design of which shall be considered at the time of site plan review and shall be subject to Board approval. All solid waste not stored within a building shall be stored within a closed container.

(6)

Perimeters of any Boardwalk section or a pier not enjoined or abutting a structure and remaining open shall be enclosed by fencing with a railing four feet in height, with spaces between vertical spindles or not more than five inches, or chain-link fence at least four feet in height.

F.

Signs.

(1)

Each individual use may have one sign attached to a building or structure not exceeding an area equivalent to 25 feet. Additionally, each individual pier may have one freestanding sign identifying the name of the pier, not exceeding 50 square feet in area or 25 feet in height.

(2)

See § 276-40 for additional standards.

A.

Purpose statement.

(1)

Seaport Pier is an approximately 51,543 square foot property located between 22nd Avenue and 23rd Avenue on the eastern (beach) side of the Boardwalk. The property was formerly known as the "North Wildwood Fishing Pier" but has more recently been known as the "Seaport Village Pier." As one of only three piers in the City, and the only pier to be municipally owned, Seaport Pier should not only provide North Wildwood with substantial positive revenue but has the potential of being a primary agent for the revitalization of the City's Boardwalk (tourist) economy.

(2)

City policymakers believed that the investment required to return the Pier to a condition where it was able to receive visitors was too burdensome for the City to undertake on its own and that transferring such a substantial renovation cost to a private-sector operator under the standard municipal auction process would materially impact the marketability of the Pier, thereby limiting the potential return to the taxpayers. Further, policymakers recognized that the turnaround of Seaport Pier could not be accomplished without the tools and incentives possible that are available only under the Local Redevelopment and Housing Law (N.J.S.A. 40A:12A-1 et seq., as amended) ("Redevelopment Law"). The Redevelopment Law provides municipalities the ability to address un/underdeveloped, underproductive or deteriorated areas and to actively (re)develop such areas into productive assets for the community. Utilizing a comprehensive set of planning tools and techniques afforded municipalities under this law, municipalities may reprogram lands and buildings for specific desired uses, provide for the clearance of lands or the renovation of buildings, install infrastructure and/or other site improvements, provide favorable tax and other financial incentives for development, and solicit for, negotiate with and transfer lands to private entities in order to promote development that will be conducive to the social and economic improvement of the municipality.

(3)

As required under the Redevelopment Law, the City submitted its action to the New Jersey Department of Community Affairs (NJDCA) for approval. Such approval was issued by NJDCA in January 2006. The Redevelopment Plan was prepared by a City planning consultant and submitted to the Planning Board for review and recommendation prior to action by the governing body. The guiding purpose of the plan was to provide a mechanism for a public/private partnership leading to the redevelopment and reactivation of the pier as a destination anchor for the Wildwoods Boardwalk. The Planning Board held its public hearing on the Redevelopment Plan in May 2006. At the conclusion of such hearing, the Planning Board adopted a resolution finding the Redevelopment Plan to be fully consistent with the North Wildwood Master Plan, as revised via reexamination, and further finding that the Redevelopment Plan was designed to effectuate the City's policy to revitalize the economic base of the Wildwoods and to address the physical conditions on the Boardwalk. The City adopted the Redevelopment Plan in June 2006.

(4)

In February 2007, the governing body directed the Planning Board to conduct the necessary investigations, make the requisite public notice and hold the statutorily mandated public hearing to determine whether or not the Block 291 Study Area, or any portion thereof, along with contiguous municipal rights-of-way, did or did not meet the statutory criteria for designation as an "area in need of redevelopment" pursuant to N.J.S.A. 40A:12A-5 or an "area in need of rehabilitation" pursuant to N.J.S.A. 40A:12A-14.

(5)

In March 2007, the Planning Board accepted the directive of the governing body and directed the City planning consultant to undertake the preliminary investigation on its behalf.

(6)

In June and July 2007, the Planning Board reviewed the report of findings and held a duly noticed public hearing regarding this analysis. At the end of said hearing, the Planning Board adopted a resolution recommending to the governing body that the Block 291 Study Area be declared to be in need of redevelopment under the Redevelopment Law. The governing body received the report of findings, resolution and the recommendation of the Planning Board and, after due consideration, declared the Block 291 Study Area to be in need of redevelopment in August 2007. The governing body further directed the City planning consultant to expand the Seaport Pier Redevelopment Area to include the new redevelopment area (Block 291 Study Area). The City submitted its action to the NJDCA for approval. Such approval was issued in September 2006.

(7)

The 2010 Comprehensive Master Plan ("Master Plan") and the City's Zoning Map recommended incorporation of the adoption of the Seaport Pier Redevelopment Plan and Area.

(8)

The Master Plan recommended that the redevelopment plan for the Block 291 Redevelopment Area had yet to be adopted. The Master Plan recommended the Block 291 Study Area be classified within the RH (Resort Hotel) Zoning District until such time as a redevelopment plan for the Block 291 Study Area is adopted.

B.

Permitted uses and structures. All uses and structures in the SPRA Zone shall be subject to the Seaport Pier Redevelopment Plan requirements and conditions as incorporated by reference and contained herein. All uses and structures in the SPRA Zone shall be subject to approval by the Planning Board.