It shall not be located in any required front yard space.

Detached accessory buildings shall not exceed one story or 16 feet in height

The minimum distance of any accessory building from an adjacent building shall be five feet.

Any detached accessory building may become attached to the principal building if it is attached by habitable space and conforms to the requirements of this chapter for the principal building.

There shall not be more than one accessory building on each lot. A zoning permit must be obtained for all accessory buildings, including sheds.

Tents, cabanas and similar forms of temporary structures shall be permitted for a period of up to 10 days within any twelve-month period. These temporary structures shall be permitted only upon the issuance of a zoning permit by the Zoning Officer.

An accessory building shall not have interior plumbing except for purposes of clothes washers, dryers and work sinks.

A patio, terrace, deck constructed 12 inches or less above grade level, excluding uncovered steps leading therefrom, may extend into a required front yard setback not more than four feet, except for those bay-front lots with boardwalks on top of/or behind bulkheads which protect the tops of bulkheads or protect against personal injury from otherwise exposed tie-rods. In no case shall a patio, terrace, deck constructed 12 inches or less above grade level extend into a required rear or side yard setback closer than three feet to the property line. The height of the deck shall be the vertical distance measured from the average elevation of the preconstruction grade level at the perimeter of the deck to the walking surface of the deck structure.

A buttress, cornice, pier or pilaster of a building may not project into a required front, side or rear yard. Chimneys and bay windows may project not more than two feet into a required front, side or rear yard. Eaves may project not more than one foot into a required front, side or rear yard setback.

Open fire escapes may project not more than three feet onto a required front or rear yard. Open fire escapes may not project into any side yard, except if there is no other reasonable means available for placement of the fire escape. Reasonableness in such case shall be determined by the Construction Official upon a review of the plans.

That portion of uncovered steps leading to a principal building may extend into a front yard setback not more than four feet and into side yard or rear yard setbacks not more than three feet. Steps leading into accessory structures may not extend into rear or side yard setbacks.

Decks. All decks, whether attached or unattached to a structure, constructed more than 12 inches above ground level, as measured in accordance with Subsection H(1) above, must comply with any front, side and/or rear yard requirements and any other bulk requirements as set forth in the Bay Head Code for the structure to which the deck will be attached, including the provisions of Chapter 75, Article II, Protection of Beaches and Dunes, regarding dune protection. A balcony or deck, including the railing, may be provided above the floor level of the second story of the principal building, provided no portion of it extends above the roof peak; and provided, further, that the balcony or deck surface, exclusive of stairs which lead to the balcony or deck, does not exceed 75 square feet. In addition to the preceding standards, on buildings which have a floor above the second story, the deck or balcony, including the railing, shall not extend higher than the uppermost portion of the highest window of that level. No balcony or deck above the second story shall be cantilevered.

A walkway constructed 12 inches or less above grade level, excluding uncovered steps leading to or from a walkway, may extend into a required front yard setback not more than four feet, except sidewalks that extend to and connect with a front or side sidewalk, a driveway, or a sidewalk leading to the side of the house. In no case shall a walkway constructed 12 inches or less above grade level be closer than three feet to the property line.

The Affordable Housing Fair Share Plan imposes a mandatory set-aside of 10% low-income housing and 10% moderate-income housing for any multiple-family dwelling development consisting of 10 units or more which may be approved for development either through the granting of a use variance or through a change in this subsection to permit such a use. If such housing is developed, it shall be subject to all the affordability controls, income restrictions and other rules and regulations of the New Jersey Council on Affordable Housing. As with the housing rehabilitation program, any affordable housing developed under these conditions would be administered by the Borough of Bay Head.

When a dumpster or temporary storage container is used, a permit shall be required.

Dumpsters shall be permitted for up to one year per location.

Temporary storage containers or short-term dumpsters are permitted for up to seven days.

Permit fees are set forth in Article XVI of this chapter.

Single-family detached dwellings.

Public parks and recreation facilities.

Municipal buildings and other municipal uses as are deemed necessary and appropriate by the governing body of the Borough.

Public and parochial schools.

Private garages, carports or other accessory structures on the same lot with, and customarily incidental to, the principal building or use.

The offices of a member of a recognized profession who is in residence on the lot, provided that the total floor area, including that in accessory structures, devoted to office space shall not exceed 50% of the habitable ground floor area of the principal building on the lot.

Home occupations, provided that:

Swimming pools, hot tubs, water features and solar cover storage.

As specified in § 147-13 of this chapter as defined for that particular use.

Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards set forth in § 147-13 of this chapter

As specified in § 147-13 of this chapter as defined for that particular use.

Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards set forth in § 147-13 of this chapter.

As specified in § 147-13 of this chapter as defined for that particular use.

Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards set forth in § 147-13 of this chapter.

As specified in § 147-13 of this chapter as defined for that particular use.

Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards set forth in § 147-13 of this chapter.

As specified in § 147-13 of this chapter as defined for that particular use.

Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards set forth in § 147-13 of this chapter.

Any use specified in § 147-6.1A.

Bed-and-breakfast inns which are residential in appearance.

As specified in § 147-13 of this chapter as defined for that particular use.

Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards set forth in § 147-13 of this chapter.

Any use specified in § 147-6.1A.

Retail stores, shops and markets; provided, however, stores selling firearms or similar weapons are specifically prohibited.

Service establishments, such as barbershops, beauty shops, tailoring and dressmaking shops, shoe repair shops and dry-cleaning and laundry services; provided, however, businesses offering to provide body tattoos and body piercing services, excluding acupuncture, are specifically prohibited.

Banks and other financial institutions.

Business and professional offices.

Restaurants and eating and drinking establishments, but only upon application for a conditional use permit in accordance with the standards as specified in § 147-17 of this chapter.

Shops of a plumber, electrician or similar tradesman.

Music, art and dance studios.

Parking lots for private passenger vehicles, but not for the storage of vehicles for sale or hire.

Any use specified in § 147-6.1B.

Garages to house commercial vehicles normally associated with a permitted business use.

Other customary uses and structures which are clearly incidental to the principal use and structure.

Off-street parking space for the use of patrons and employees as further detailed in § 147-13 of this chapter.

Any use specified in § 147-6.1A.

Marine services such as dockage, boat hauling, boat sales and boat repairs, provided that:

Marine gasoline stations on bulkheads or docks, but only upon application for a conditional use permit in accordance with the standards specified in § 147-17 of this chapter.

Outside storage of boats. Other than small sailing dingys or small light sailing boats, rack storage of boats such as outboard or inboard-outboard boats will be limited to two levels. All storage must comply with appropriate setback provisions for the zone. By definition, a boat in rack storage or stored on land on a trailer will be considered in the same manner as a boat in a slip in the water.

Boat sales.

Marine engine sales and repairs.

Marine supplies and equipment sales.

Automobile parking lots.

Yacht clubs.

Quasi-public buildings and recreation areas, but only upon application for a conditional use permit in accordance with the standards specified in § 147-17 of this chapter.

Any accessory use specified in § 147-6.1B.

Snack bars or coffee shops in conjunction with and clearly incidental to any marine use, provided that:

As per § 147-13 of this chapter, unless otherwise permitted by this chapter.

Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards set for the in § 147-13 of this chapter.

Off-street parking to be provided as specified above shall be provided with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which the principal use is situated and shall not thereafter be encroached upon or reduced in any manner. Such parking areas shall be surfaced with a dustless, durable, all-weather pavement, clearly marked for car spaces, except when provided in connection with one- or two-family uses, and shall be adequately curbed and drained subject to the approval of the Borough Engineer. A driveway serving parking areas on adjoining lots shall not be permitted. Each lot shall accommodate driveway access on site to its required parking area.

Parking areas and driveways thereto required for commercial or industrial uses shall be adequately illuminated during operating hours which occur after sunset. Any adjacent residential zones shall be shielded from the glare of said illumination and that of automobile headlights.

In B-1 Zones, off-street loading and unloading space shall be provided at the side or rear of the building at the rate of one space for every 5,000 square feet of gross floor area, or fraction thereof, for each business permitted in said zone.

Parking spaces shall be 9 feet by 18 feet, with adequate ingress and egress.

One nameplate not more than six inches in height and 18 inches in width bearing only the name and the profession of a person occupying a building for one of the uses permitted in this district.

Not more than one unlighted real estate sign not over two square feet in area advertising the sale, lease or rental of the lot upon which it is maintained. Additionally, one unlighted open-house sign not over two square feet in area may be placed on the property the morning prior to the day of the event and must be removed at the conclusion of the event. No balloons, streamers, flags or similar items may be utilized.

Temporary signs in shop windows for a period not exceeding two weeks in a building presently subject to nonconforming use regulations; provided, further, that only 25% of the window area may be devoted to such signs.

Temporary directional signs not exceeding two square feet in area, indicating the location of special events of general interest within the Borough of Bay Head upon application to the Construction Official, provided that such signs shall be removed not later than one week after the occurrence of the event advertised.

Permanent directional signs on lands presently subject to nonconforming use regulations, for parking, directions, etc., provided that each of such signs does not exceed four square feet in area.

Informational or directional signs not exceeding 12 square feet in area placed by a permitted nonprofit or religious organization upon application to the Construction Official.

One or more signs indicating only the name, occupancy or purpose of such building for any bed-and-breakfast inn, provided that the aggregate area of such signs shall not exceed six square feet.

Contractor signs are prohibited in the Borough of Bay Head.

Signs permitted in the R-100 and R-50 Zone.

Signs or advertising devices outside of or attached to the exterior of a building, provided that such signs or advertising devices refer to the premises upon which they are displayed and to the services rendered therein; and provided, further, that no sign shall project beyond any front yard line. In buildings or on sites which have multiple tenancies, facade signs for individual uses shall be placed only on the portion of the building which is occupied by that use. Where such multiple tenancy buildings or sites desire to place a directory sign on a portion of the building which is visible from a public street, said sign shall be permitted subject to the overall sign area limitations set forth herein. The aggregate sign area for one or more signs, including signs on vending machines, shall not be more than 15 square feet on or in front of a building with a building frontage of fifty 50 feet or less. Any building having a frontage of more than 50 feet shall be permitted an additional 10 square feet of sign area for each additional 50 feet of building frontage. All exterior or interior signs on vending machines shall be considered in determining compliance or noncompliance with permitted sign area as provided in this section. Each store in a building that has more than one store, each separated by a solid partition and each having separate entrances, will be allowed the same sign area as if each store were in a separate building. Aggregate sign area on corner buildings and other buildings fronting on more than one street may be increased in accordance with and in proportion to the number of streets upon which the building fronts, provided that the sign area for any one street shall not exceed 15 square feet for the first 50 feet or part thereof, or an additional 10 square feet of sign area on any additional part of 50 feet. There shall be no neon tubing or bare bulb illumination permitted on any signs.

Signs permitted in the R-100 Zone and in the R-50 Zone.

Signs permitted in the B-1 Zone, with the provisions that a business property having a waterfront entrance shall be permitted the same sign area on the waterfront as if said waterfront were a street.

No nonconforming lot shall be further reduced in size.

No nonconforming building shall be enlarged, extended or increased, unless such enlargement is conforming.

No nonconforming use may be expanded.

No nonconforming use of a lot or structure shall, if once changed into a conforming use, be changed back into a nonconforming use.

A nonconforming use shall not be changed to, substituted by or replaced by another nonconforming use.

Any lot or structure used in a lawful character or manner or for a lawful purpose which creates a nonconforming use, which shall have discontinued such use for a period of one year shall be considered to be an abandonment of such use and shall not be reused or superseded by any use not permitted under the respective zone classification provisions of this chapter.

A nonconforming use shall be adjudged abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of a tenant or owner to reinstate such use within one year from the date of cessation or discontinuance. The use shall not thereafter be reinstated and the structure shall not be reused, except in conformance with this chapter.

The provisions in this subsection shall refer to the actual use and to the use indicated by the form and construction of the building.

If any nonconforming building or structure shall be destroyed by reason of windstorm, fire, explosion or act of God or otherwise to an extent of more than partial destruction as provided for in § 147-2C, then such destruction shall be deemed complete destruction, and the structure may not be rebuilt, restored or repaired, except in conformity with the regulations of this chapter. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any wall, floor or roof which has been declared unsafe by the Construction Official.

A nonconforming building or structure may be altered, but not enlarged or extended, during its life to an extent not exceeding, in the aggregate, 50% of the structure unless said building or structure is changed to a building or structure conforming to the requirements of this chapter.

Conditional use permits.

Zoning permit.

Records.

A set of plans, specifications and plot plans shall be submitted in triplicate to the approving authority showing in detail the exact location of such marine gasoline tanks to be installed, the dimensions and capacity of each tank, the location of each tank, the number and location of pumps to be installed and the type of accessory buildings to be constructed.

Said use shall be located on a dock or bulkhead and shall serve only marine craft.

No gasoline storage tank, gasoline pump or building used to store oil shall be located nearer than 25 feet to any property line, nor shall such tank, pump or building be located closer than 30 feet to any other buildings.

A set of architectural plans, specifications and plot plans, a statement setting forth full particulars on the operation of the use and a complete list of the proposed charter membership, including names and residence addresses, shall be filed with the approving authority, in triplicate.

It is ascertained by the approving authority that the proposed use is a bona fide nonprofit organization operated solely for the recreation and enjoyment of the members of said organization.

It is ascertained by the approving authority that the proposed use in the proposed location will not adversely affect the safe and comfortable enjoyment of property rights or otherwise adversely affect the value of adjacent properties, that the design of any structure erected in connection with such use is in keeping with the general character of the area and that sufficient landscaping, including trees, shrubs and lawns, are provided to serve as a buffer between said use and adjoining properties and to ensure an attractive appearance for the use.

The property proposed to be occupied by such use shall have a minimum lot area of 30,000 square feet with a minimum frontage of 100 feet on an approved street. Not more than 40% of the land area of the property shall be occupied by buildings and structures.

Off-street parking shall be provided at a ratio of one space for each four individual members of said organization.

The approving authority shall then decide the matter in accordance with the procedure provided for the issuance of special permits, following the standards and conditions above stated.

Purpose.

Applicability. The regulations within this subsection shall be applicable to all new towers and antennas and the proposed expansion, addition or collocation of new antennas on existing towers, at existing sites or previously approved telecommunications towers, sites and facilities except as follows:

Antennas and towers permitted on Borough property. Wireless communications towers and antennas which are located on property owned by the Borough of Bay Head, except for public park and school properties listed in Schedule B,[1] and which are approved by the Borough Council shall be deemed to be permitted as a municipal facility.

Antennas and towers which are not municipal facilities. Wireless telecommunications towers and antennas that are not municipal facilities may be permitted on nonmunicipal property and nonresidential properties and nonresidential structures as follows:

Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Borough of Bay Head notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. Upon the dismantling and removal of a tower, the property on which the tower was located shall be restored to a safe and landscaped condition compatible with adjacent properties. Antennas or towers that are updated or replaced with new antennas or towers shall be deemed to be new antennas and shall be subject to all application and review standards of review of this section.

Preexisting towers. Preexisting towers which are operating at the time of the adoption of this subsection shall be allowed to continue their usage as they presently exist. Routine maintenance is permitted on such preexisting towers. New construction, including the replacement of antennas, other than routine maintenance on a preexisting tower shall comply with the requirements of this subsection. If the primary use of the tower or structure upon which antennas have been located has terminated and the use is determined to be abandoned, the requirements for removal in Subsection D(5) shall apply.

Annual registration required.

The applicant shall submit a list of proposed activities and anticipated participants, a timetable reflecting the hours in which each building will be used and any other pertinent uses and activities intended to take place on the site. Catering, "eating and drinking," shall not be a primary use of these facilities.

Off-street parking, loading and vehicular access shall be as follows:

Signs shall be as specified in § 147-14 of this chapter.

The proposed use shall not cause to emanate from the property any vibration, glare, fumes, or odors detectable by neighboring property owners.

The quantity and type of solid waste disposal shall be the same as other uses in the zone district.

The site plan shall be accompanied by a traffic study prepared by a licensed professional engineer traffic consultant indicating the impact of the proposed place of assembly on surrounding roads. It shall include the following elements:

Lighting.

Noise.

Hours of operation.

Area and bulk regulations shall be as set forth in § 147-5 of this chapter. The maximum permissible size of a structure depends on the zone in which it will be located. The setbacks, maximum building height and permissible lot coverage are set forth in Appendix A[5] to this chapter.

When site plan approval is required, it shall be as specified in §§ 147-60 through 147-67 of this chapter.

Maximum occupancy of any building constructed or utilized as a place of assembly under this chapter shall be determined by the Construction Official, enforcing officer of the State Uniform Construction Code, pursuant to Chapter 104 of the Municipal Code.

Applicability of the remainder of Code. Places of assembly must comply with all applicable standards and regulations established by the Code of the Township, except to those standards and regulations specifically addressed by this section.

The applicant shall submit a list of proposed activities and anticipated participants, a timetable reflecting the hours in which each building will be used and any other pertinent uses and activities intended to take place on the site. Catering, "eating and drinking," shall not be a primary use of these facilities.

Off-street parking, loading and vehicular access shall be provided in accordance with the standards set forth in § 147-13 of this chapter.

Signs shall be as specified in § 147-14 of this chapter.

The proposed use shall not cause to emanate from the property any vibration, glare, fumes, or odors detectable by neighboring property owners.

The quantity and type of solid waste disposal shall be the same as other uses in the zone district.

The site plan shall be accompanied by a traffic study prepared by a licensed professional engineer traffic consultant indicating the impact of the proposed museum on surrounding roads. It shall include the following elements:

Lighting.

Noise.

Hours of operation.

Area and bulk regulations shall be as set forth in § 147-5 of this chapter. The maximum permissible size of a structure depends on the zone in which it will be located. The setbacks, maximum building height and permissible lot coverage are set forth in Appendix A[6] to this chapter.

When site plan approval is required, it shall be as specified in §§ 147-60 through 147-67 of this chapter.

Maximum occupancy of any building constructed or utilized as a museum under this chapter shall be determined by the Construction Official, enforcing officer of the State Uniform Construction Code, pursuant to Chapter 104 of the Municipal Code.

Applicability of the remainder of Code. Museums must comply with all applicable standards and regulations established by the Code of the Township, except to those standards and regulations specifically addressed by this section.

All affordable accessory apartments shall comply with all applicable statutes and regulations of the State of New Jersey in addition to all local building codes.

The affordable accessory apartment shall be rented only to a household which is either a low- or a moderate-income household at the time of initial occupancy of the unit.

The affordable accessory apartment shall, for a period of at least 10 years from the date of the issuance of a certificate of occupancy, be rented only to low- or moderate-income households.

Rents of affordable accessory apartments shall be affordable to low- or moderate-income households in accordance with the applicable provisions as stated in N.J.A.C. 5:93-7.4 of COAH's substantive rules and shall specifically include an allowance for utilities in accordance with N.J.A.C. 5:93-7.4(f).

The maximum number of affordable accessory apartments to be developed in the borough under the provisions of this ordinance shall be 10.

There shall be a recorded deed or declaration of covenants and restrictions applied to the property upon which the affordable accessory apartment is located running with the land and limiting its subsequent rental or sale within the requirements of Subsections C and D herein above.

Each affordable accessory apartment shall have living/sleeping space, cooking facilities, a kitchen sink and complete sanitary facilities for the exclusive use of its occupants. It shall consist of no less than two rooms, one of which shall be a full bathroom.

The affordable accessory apartment shall have a separate door with a private entrance.

There shall be a minimum of two on-site parking spaces provided exclusively for the affordable accessory apartment. These spaces will be in addition to the number of required spaces for the existing residential dwelling unit.

The affordable accessory apartment program shall be affirmatively marketed in accordance with the provisions of N.J.A.C. 5:93-11.

In the case of an affordable accessory apartment created illegally or without proper permits which the property owner desires to legitimize as an affordable accessory apartment under this section, all criteria set forth in the section shall apply, except that no subsidy shall be provided by the Borough of Bay Head.

The administrator shall be responsible for all administrative aspects of the affordable accessory apartment program, including advertising, income qualifying prospective renters, setting rents and annual rental increases, maintaining a waiting list, distributing the subsidy, securing certificates of occupancy, qualifying properties, handling application forms, filing deed restrictions, monitoring reports and affirmative marketing.

The administrator shall only deny an application for an affordable accessory apartment if the project is not in conformance with COAH's requirements and/or provisions of this ordinance. All denials shall be in writing with the reasons clearly stated.

In accordance with N.J.A.C. 5:93-5.9(a)2., the Borough of Bay Head shall provide at least $10,000 to subsidize physical creation of an affordable accessory apartment conforming to the requirements of this section. Prior to the grant of such subsidy, the property owner shall enter into a written agreement with the Borough of Bay Head ensuring that the subsidy shall be used to create the accessory apartment and the apartment shall meet the requirements of this ordinance and COAH regulations.

A sketch of floor plan(s) showing the location, size and relationship of both the affordable accessory apartment and the primary dwelling within the building.

Rough elevations showing the modification of any exterior building facade to which changes are proposed.

A site development sketch showing the location of the existing dwelling and other existing buildings; all property lines; along with the minimum building setback lines, the required parking spaces for both dwelling units; and any natural or man-made condition which might affect construction.