Cape May City Zoning Code
ARTICLE X
Regulations Governing Certain Uses; Standards
§ 525-55 Dwelling accessory uses.
A.
Single- or two-family dwelling accessory uses.
(1)
Professional offices in residences.
(a)
The following professions shall be included within the scope of this section: doctors, dentists and optometrists. All other professions that fall within the definition of home occupation shall be covered by the regulations set forth in Subsection A(1).
(b)
Professional offices in dwellings shall comply with the following:
[1]
The office shall be limited to one professional who shall reside on the premises and not more than two nonresident assistants.
[2]
The office shall be incidental and subordinate to the residential use of the building and may not occupy more than 25% of the total floor area of the principal building. No office shall be located in an accessory building.
[3]
In no manner may the appearance of the building be altered or may the office within the residence be conducted in a manner that would cause the premises to lose its residential character, either by use of colors, materials, construction, or lighting.
[4]
No professional office may create noise, dust, vibration, odor, smoke, electrical interference, fire hazard, or any other nuisance that is perceptible beyond the lot lines.
(2)
Animal shelters.
(a)
No structure may be permanently affixed.
(b)
No structure may be attached to or be part of any building.
(c)
No structure may be located within five feet of any property line.
(d)
No structure may be permitted between the building setback line and the street line.
(3)
Detached garages.
(a)
Maximum height: 18 feet.
(b)
Maximum length: 30 feet.
(c)
Maximum width: 30 feet.
(d)
No temporary structures may be permitted.
(e)
No structure may be within 10 feet of any alley, street line, right-of-way, publicly owned property, or adjacent building. For the avoidance of any doubt, the requirement to maintain 10 feet of distance from any alley, street line, right-of-way, publicly owned property or adjacent building shall apply to all accessory structures.
[Amended 4-18-2023 by Ord. No. 492-2023]
(f)
No structure may be permitted between the building setback line and the street line.
(g)
No structure may be located within five feet of the rear lot line where the rear lot line is contiguous with any alley, street line, right-of-way, publicly owned property, or adjacent building. Instead, in those cases the structure shall conform with § 525-55A(3)(e) above.
[Amended 4-18-2023 by Ord. No. 492-2023]
(h)
No structure may be located within four feet of the side yard property line.
(i)
No detached garage may contain living accommodations.
(4)
Other outbuildings.
(a)
Maximum height: 10 feet. An additional five feet may be added to the maximum height (no greater than 15 feet) for outbuildings with pitched roofs pursuant to § 525-4.
[Amended 8-15-2023 by Ord. No. 514-2023]
(b)
No structure may be within five feet of any property line.
(c)
No structure may be permitted between the building front line and the street line.
(d)
In no instance can the amount of lot coverage by the principal building and outbuildings exceed the percentage specified for the district in which the principal building is located.
(e)
No outbuilding may be used for human habitation or living accommodations.
[Added 8-15-2023 by Ord. No. 514-2023]
(5)
Patios, paved terraces, decks.
(a)
No structure extending two feet above the ground level may be constructed in any required yard and may not be constructed in within five feet of any property line.[1]
[1]
Editor's Note: Former Subsection A(5)(a), no structure may have a width which exceeds 1/2 of the lot width measured at the building setback line, which immediately preceded this subsection, was repealed 9-19-2023 by Ord. No. 506-2023. This ordinance also renumbered former Subsection A(5)(b) and (c) as Subsection A(5)(a) and (b), respectively.
(b)
No impermeable surface may be constructed within five feet of any property line, except for necessary driveways and walkways not exceeding 48 inches in width.
(6)
Other accessory use controls.
(a)
No agriculture uses may be permitted except individual gardens for home consumption. Such gardens may not be located between the street line and the building setback line.
(b)
No activities may be permitted which create a public nuisance or interfere with the use of adjacent residential lots.
(c)
Trash enclosures, shower enclosures.
[1]
Structures must be attached to the main structure legally on premises.
[2]
Shower enclosures shall not exceed four feet by six feet in size, six feet in height, shall have no roof or roof member and shall not have a sanitary drain below grade.
[Amended 9-19-2023 by Ord. No. 506-2023]
[3]
Trash enclosures shall not exceed four feet by six feet in size and four feet in height.
[4]
No structure shall be located between the building front and the street line.
[5]
No structure shall be located within four feet of the side yard property line or five feet of the rear yard property line.
B.
Multifamily dwelling accessory uses.
(1)
Permitted accessory uses in multifamily dwellings shall be restricted to uses designed for residents of dwellings on the lot. They shall be restricted to those uses specified in the following subsections of these controls which, if provided, shall conform to the applicable regulations.
(2)
Washing machines and dryers. No common area for such facilities may exceed more than 1/4 of the floor area of any single floor. Area for such purpose shall be properly ventilated and accessible.
(3)
Lockers or storage areas.
(a)
Each dwelling unit shall be provided a minimum of 96 cubic feet of storage area in an enclosed room which shall be capable of being locked.
(b)
No area for such facilities may exceed more than 1/2 of the floor area of any single floor.
(4)
Recreational room or lounge. All such facilities shall be located in a room which is properly safeguarded for exclusive use of residents and their guests and from use by persons not residing in the multifamily dwelling.
(5)
Outdoor recreation.
(a)
Such facilities shall be limited to tennis courts, which are completely surrounded by a fence 10 feet in height; barbecue or other cookout facilities constructed of permanent material; yards which are completely landscaped; garden areas for tenant use; playlots, provided that facilities located in this area are surrounded by fencing at least four feet in height, with benches for adults; facilities for such games as shuffleboard, basketball or horseshoes, provided that a paved surface is provided and that such facilities are located at least 10 feet from any building.
(b)
Swimming pools, subject to regulations of § 525-62A.
(c)
All outdoor recreational facilities except yards and garden areas may not be located within 10 feet of any lot line.
(d)
No outdoor facilities except yards may be located between the building setback line and the street line.
C.
Other building accessory uses.
(1)
Garages shall be designed to conform to the main building and may not be within the building setback line or front yard.
(2)
Recreational buildings may not be located within the building setback line or front yard.
(3)
Storage area facilities shall be located in an area which has direct access to a street or driveway. No such area may be located within the setback line or front yard.
§ 525-56 Removal of natural resources.
A.
Scope. The removal of natural resources including trees measuring eight inches or more measured above the base or more than 100 cubic feet of soil, sand, gravel or other natural fill from any site in the City shall be prohibited, subject to the restrictions of this section unless specifically permitted by the Planning Board.
B.
Site clearance. Sites to be built upon will be cleared of all debris, vegetation, marsh grass and similar material prior to placing sand, gravel, or other natural fill to bring the lots to grade and prepare the land for the construction of improvements. Site clearance and other preparation may not commence until all necessary use and construction permits and approvals are secured.
C.
Exemptions. The following activities shall be exempted from this section:
(1)
Normal lawn preparation and maintenance.
(2)
Construction or alteration of a street or public utility improvement.
§ 525-57 Safety regulations.
A.
Visibility at intersections.
(1)
A clear sight triangle shall be provided at all street and driveway intersections. Nothing shall be erected, placed or allowed to grow in a manner which obscures vision above the height of 2 1/2 feet and below 10 feet, measured from the center-line grade of intersecting streets or driveways.
(2)
At street intersections, a clear-sight isosceles triangle shall be established for a distance of 20 feet at each side of the point of intersection of the street right-of-way lines.
(3)
At driveway intersections with streets, a clear-sight isosceles triangle shall be established for a distance of 10 feet at each side of the point of intersection with street right-of-way lines.
B.
Driveway regulations. No driveway may be constructed or maintained which does not meet the following regulations:
(1)
Entrance to the street shall be at an angle of 75° to 150° with the intersecting street.
(2)
The driveway shall be paved between the street line and the cartway.
(3)
All curb cuts shall be properly constructed to the satisfaction of the Construction/Zoning Official.
(4)
The grade may not exceed 5% from cartway line to within 25 feet of the street line.
(5)
Driveways shall have a minimum width of eight feet and a maximum width of 20 feet in residential districts, excluding any parking space or drive aisle.
(6)
All driveways and associated drive aisles or parking spaces shall be constructed with adequate provisions for drainage.
(7)
No driveway, except for common driveways within five feet of any property line, shall be constructed within three feet of any building unless a raised curb is provided.
C.
Grading requirements. No cut shall exceed a ratio of 3:1 on any lot unless satisfactory erosion controls approved by the Construction/Zoning Official are employed or unless a retaining wall approved by the Construction/Zoning Official is erected.
D.
Retaining walls. No retaining walls may be constructed without satisfactory drainage provision or to a height exceeding two feet. A continuous protection fence may be provided on top or within one foot of the wall edge and may not be constructed within six inches of a property line.
E.
Fencing.
(1)
No fence may be erected in the area between the street line and the cartway line.
(2)
No fence may be erected within six inches of a property line if erected by one property owner. If more than one property owner is involved, the fence shall be erected on the separating property line, provided both property owners agree in writing. A copy of such agreement shall be furnished with application for building permit.
(3)
Solid fences or walls located in any required yard area may not exceed four feet in height. Fences may be constructed to six feet in height when located in the rear.
(4)
No fence may be constructed, in whole or in part, with barbed wire or any similar material.
(5)
Notwithstanding the above requirements, a property owner or property owners may construct an arbor along a permitted fence line subject to the following requirements:
(a)
Not more than one arbor per property line - front, side and rear yards. Additionally, not more than one arbor internally per lot.
(b)
No arbor will be permitted within a required sight triangle.
(c)
Arbors shall not exceed a maximum height of 12 feet, a maximum width of eight feet, minimum clearances of eight feet in height and three' feet in width (to provide clear passage through the arbor), and a maximum 18 inches in depth (front to rear).
(d)
All arbors shall be properly constructed according to applicable construction codes.
(e)
An arbor shall not be considered to be a fence for purposes of this section. An "arbor" is defined as an open work structure constructed of wood, metal or plastic and used to support vines, flowers or shrubs.
(6)
Additional fence regulations applying to the R-4 Modified Medium-Density Residential District for quads only. No fences or arbors are permitted.
[Added 12-15-2020 by Ord. No. 408-2020]
(7)
Additional fence regulations applying to the R-4 Modified Medium-Density Residential District for single-family detached dwellings and semidetached dwellings only. Fences may not be constructed between the building front and the street line. For corner lots, fences may be constructed in the front yard on the minor street side only. Minor street shall be determined as the shortest of the two street frontages of the entire block.
[Added 12-15-2020 by Ord. No. 408-2020]
F.
Motor vehicle sales. Motor vehicle sales, including the sale of recreation vehicles, trailers and boats, with accessory repair facilities, are subject to the following requirements:
(1)
Sales of used vehicles or boats shall be conducted only as an accessory to the sale of new vehicles or boats.
(2)
Outdoor area lighting shall be limited to that generally required for security purposes.
(3)
Entrance and exit driveways shall have an unrestricted width of not less than 12 feet each way; shall not be located closer than 10 feet to any property line; and shall be so laid out as to avoid the necessity of any vehicle backing out into any public right-of-way.
(4)
Vehicle lifts or pits, dismantled vehicles, and all parts and supplies shall be located within a building enclosed on all sides.
(5)
All services or repair of motor vehicles shall be in a building enclosed on all sides. This requirement shall not be construed to mean that the doors to any repair shop must be kept closed at all times.
G.
Automotive service station and automotive body repair shop.
(1)
Entrance and exit drives shall have unrestricted width of not less than 12 feet each way and shall not be located closer than 20 feet to any property line or 30 feet to any street intersection; and shall be laid out so as to avoid the necessity for any vehicle to back out onto a street.
(2)
Vehicle lifts or pits, dismantled vehicles and all pits and supplies shall be stored within a fully enclosed building.
(3)
All service and repair of motor vehicles shall be conducted in a building enclosed on all sides. This requirement shall not be construed to mean that the doors to any repair shop must be closed at all times.
(4)
Gasoline and other flammable fluids in bulk must be stored underground, not nearer than 10 feet to any other lot line.
(5)
All painting shall be done indoors.
§ 525-58 Performance standards.
A.
Creation of dangerous situation prohibited. No building, structure or premises may be used, altered, or occupied in a manner as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazard; noise or vibration; smoke, dust, odor, or other form of air pollution; electrical or other disturbance; glare; liquid or solid refuse or wastes; conditions conducive to the breeding of rodents or insects; or other substance, condition or element, in any manner or amount as to adversely affect the surrounding area.
B.
Fire and explosive hazards.
(1)
All activities and all storage of flammable and explosive material at any location shall be provided with adequate safety devices against the hazards of fire and explosion. Adequate fire-fighting and fire suppression equipment and devices as specified by state or City codes or by the Fire Inspector of the City shall be provided. All buildings, structures and activities within such buildings shall conform to all applicable fire regulations.
(2)
All uses shall conform to the following procedures regarding storage and waste disposal:
(a)
No highly flammable or explosive liquids, solids, or gases may be stored in bulk above ground, except tanks or drums of fuel directly connecting with energy devices or other appliances, located and operated on the same lot as the tanks or drums of fuel.
(b)
All outdoor storage facilities for fuel, raw materials, and products; and all fuel, raw materials and products stored outdoors shall be enclosed by an approved safety fence.
(c)
No materials or wastes may be deposited upon any lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse and render it undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to be deposited on any lot.
(d)
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects may be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards.
C.
Radioactive or electrical disturbances. There may be no activities which emit radioactivity at any point. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of the disturbance.
D.
Smoke. There may be no emission at any point from chimney or otherwise for longer than five minutes in any hour of visible gray or visible smoke of any other color with a shade darker than No. 3 on the standard Ringlemann Chart as issued by the United States Bureau of Mines.
E.
Smoke, ash, dust, fumes, vapor, gases, and other forms of air pollution. There may be no emission at any point, from any chimney or otherwise, which can cause any damage to health, to animals, vegetation, the environment, or other property; or which cause any excessive soiling at any point. Any use which produces or results in emissions of any type shall conform to all applicable state and federal pollution control standards.
F.
Liquid and solid wastes. There shall be no discharge at any point, into any sewerage system, or stream or into the ground of any materials in such a way or of such nature or temperature as can contaminate or otherwise cause the emission of hazardous material, except in accord with the standards of the New Jersey Department of Environmental Protection.
G.
Noise.[1] No use may create unreasonable noise audible to uses adjacent to or in the surrounding areas. "Unreasonable noise" shall mean that which is of a regular, daily, and constant nature, and either disturbs the sleeping hours of residents and guests or hampers the business or routine activities and uses in the adjacent and surrounding areas.
[1]
Editor's Note: See also Ch. 340, Noise.
H.
Vibration. No use may produce unreasonable vibrations to adjacent structures. Unreasonable vibrations are those that cause structures to shake, articles to fall from tables and walls, and windows or wall material to break or crack.
I.
Glare. No direct or sky-reflected glare, whether from floodlights or from high temperature process, may be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level. Unreasonable glare would be that which produces a strong dazzling light or reflection of such a light beyond its lot lines.
J.
Odor. There may be no emission of odorous gases or other odorous matter in such quantities as to be offensive on adjoining streets or adjacent lots.
K.
Heat. No use may produce heat perceptible beyond its lot lines.
L.
Refined or unrefined petroleum products.
(1)
The following uses are specifically prohibited:
(a)
The storage of crude oil, unrefined or refined petroleum hydrocarbon products, and by-products and/or derivatives.
(b)
The installation and/or operation of any pipeline designed to carry crude oil, refined or unrefined petroleum hydrocarbon products, by-products and/or other derivatives.
(c)
The construction, maintenance and/or operation of any refinery or other facility to process crude oil, refined or unrefined petroleum hydrocarbon products, by-products and/or derivatives including unprocessed or unrefined natural gas.
(d)
The loading, off-loading, pumping or any other form of transfer of crude oil, refined or unrefined petroleum hydrocarbon products, by-products and/or derivatives, including unprocessed or unrefined natural gas to or from any boat, ship, tanker, barge or other floating means of conveyance, dock, terminal, pipe, tank, vehicle, or any other facility or equipment.
(2)
Nothing in this section shall be construed to restrict the storage or movement of necessary oil products for the following uses:
(a)
Automobile service station.
(b)
Retail fuel distribution centers for heating purposes.
(c)
Direct supply of fuel to structures specifically permitted by this section.
§ 525-59 Common development standards.
A.
Corner lot restrictions. The building setback line for a corner lot shall be the same as required along the same street for the adjoining lot. When a lot line abuts a street, it shall be treated as a front yard in respect to setbacks. For determination of other yards, the lot line opposite the smaller of the two or more lot lines coexistent with the street lines shall be considered the rear yard, and all other lot lines shall be considered side yards.
B.
Subdivision plan. Any proposed improvement which involves actual or potential division of land shall be subject to the applicable subdivision regulations of the City. The development of any lot or portion of a site shall be according to those approved plans.
C.
Potential development. No proposed improvement may be constructed in a manner which reduces or eliminates existing or potential access for roads and utility easements to land which may be developed at a future date.
D.
Height regulations.
(1)
Except in the R-4 Modified Medium-Density Residential District, the height limitation as set forth in this chapter shall not apply to church spires, belfries, domes, public towers, windmills, chimneys, smokestacks, flagpole masts, aerials, elevators, tanks or other projections neither intended nor used for human occupancy. In the R-4 District, the maximum height of the aforesaid items shall be governed exclusively by the provisions of § 525-17B(2) and shall not exceed 20 feet. In all other zoning districts, the maximum height of the aforesaid items shall be determined by the Planning Board in its site plan review or by the Zoning Board of Adjustment where applicable. However, chimneys and smokestacks may be of a height to meet the minimum height requirement of the New Jersey Uniform Construction Code (NJ UCC).
(2)
Heights shall be measured from the mean level of the crown of the road (as determined by the City Engineer) or from elevation 10.00 (NAVD 88), whichever is greater. On sites which front on more than one street, the mean level of the crown of the road shall be determined by using the street which has the higher mean level of the crown.
[Amended 5-17-2022 by Ord. No. 456-2022]
(3)
The level of the lowest floor is to be not less than 9.5 (NAVD 88).
[Amended 5-17-2022 by Ord. No. 456-2022]
E.
Helicopter operations. No helicopter, helicopter landing pad, hell-supportive equipment, or helicopter operations or routine landing activities shall be allowed in the City except where FAA approved airport facilities are available, or except in cases of emergency situations, routine governmental activities, and disaster-related activities.
F.
PW Preserved wetlands.
(1)
Intent. It is the purpose and intent of this subsection to recognize the fact that substantial portions of certain vacant lands within the City contain wetlands that are preserved and protected by state and federal laws. This recognition is important so that municipal officials and personnel as well as property owners and citizens generally are aware that preserved wetlands do exist in the City. It is the specific intent of the City that all persons will take appropriate action to assist in the preservation and protection of wetlands.
(2)
Boundaries of wetlands. Actual boundaries of preserved wetlands are subject to detailed surveying by property owners and authorized agencies pursuant to applicable state and federal laws. Boundary lines shown on the City of Cape May Zoning Map established by § 525-6 are graphic representations intended to indicate the approximate location of preserved wetlands, but shall not be relied on as precise delineations. Districts in which preserved wetlands are located shall be identified with a "PW" designation on the Zoning Map.
§ 525-60 Design standards.
[Amended 6-21-2005 by Ord. No. 37-2005; 11-14-2005 by Ord. No. 53-20056-20-2006 by Ord. No. 68-2006; 6-16-2009 by Ord. No. 183-2009; 3-3-2020 by Ord. No. 388-2020; 9-19-2023 by Ord. No. 506-2023; 2-20-2024 by Ord. No. 525-2024; 5-7-2024 by Ord. No. 531-2024; 7-15-2025 by Ord. No. 570-2025]
The following design standards are applicable to any plan for development:
A.
Physical setting and building location.
(1)
The natural terrain and existing attractive features of the site shall be incorporated into the development when possible.
(2)
Buildings shall not be physically located to unnecessarily concentrate activity in one portion of the lot creating traffic congestion, stormwater drainage, or other possible problems in supplying necessary utilities.
(3)
Except as otherwise specifically permitted pursuant to § 525-20, RC Residential Cluster, § 525-28, HO Harbor Overlay, or Subsection A(4), Average percent of front yard setbacks, and except for permitted accessory buildings, each building shall comply with all area and bulk requirements for the district in which it is located. Buildings must be designed as one structure.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4)
Average percent of front yard setbacks. In a block where 50 percent of all lots that front on the same street as the subject lot have been developed and have nonconforming front yard setbacks, a new or existing structure may be constructed or expanded so as to provide a front yard equal in depth to the average front yard of the existing buildings of four lots that are contiguous to the property. The new setback is to be no greater than 10 feet past the front of any adjacent structures. Computation of the average front yards of contiguous lots shall be performed in accordance with the following requirements:
(a)
Computation shall be based upon the arithmetic mean distance calculated for the four properties that are contiguous with the property, on the same side of the street and in the same block as the property.
(b)
Porches and steps shall be included in the calculation of the front yard setback.
(c)
Certification of the average front yard setback shall be provided by a New Jersey licensed land surveyor.
B.
Access and traffic control. Driveways and street servicing uses permitted by this chapter are subject to approval of the design as part of the review by the Planning Board. No design may be approved which is likely to create substantial traffic hazards endangering the public safety. Safety requirements which may be imposed in such a review shall include traffic control devices, acceleration or deceleration lanes, turning lanes, traffic and land markings, and signs.
C.
Interior circulation. The interior circulation of traffic shall be subject to design review as in Subsection B, so that driveways or streets providing parking spaces shall be consistent with the flow of traffic. No driveway or street used for interior circulation shall have traffic lanes less than 10 feet in width. Areas for loading shall be separate from parking areas.
D.
Parking and paved areas. All pedestrian walks and parking areas shall be paved with an all-weather surface in accordance with City building regulations. Curbing shall be provided to separate parking areas, streets and driveways. A parking lot which is accessory to a permitted use and has a capacity of less than five vehicles may be allowed to provide one of the following pavement surfaces: concrete strips with stone or grass infill between the strips, concrete checker block, brick pavers or crushed stone.
E.
Off-street parking design standards.
(1)
Parking spaces shall be clearly delineated by painted lines or markers.
(2)
Stalls shall be provided with bumper guards or wheel stops when necessary for safety or protection to adjacent structures or landscaped area.
(3)
All vehicular entrances and exits to parking areas shall be clearly designated for all conditions.[2]
[2]
Editor's Note: Former Subsection E(3), surface drainage will be connected to the City's stormwater drainage system, which immediately preceded this subsection, was repealed 9-19-2023 by Ord. No. 506-2023. This ordinance also renumbered former Subsection E(4) through (10) as Subsection E(3) through (9), respectively.
(4)
Short-term visitor parking spaces shall be differentiated from long-term employee spaces by suitable markings.
(5)
If spaces are used during evening hours, appropriate lighting shall be provided.
(6)
All parking shall be located behind required building lines, except in the case of one- and two-family dwellings where driveways may be used for parking within the setback line.
(7)
Curb cuts required for off-street parking shall be limited to those necessary for entrances and exits. In no instance may the curb cut extend the full length of the parking area.
(8)
Off-street parking shall be limited to approved areas. See §§ 525-49 and 525-57B.
(9)
Landscaping in parking and loading areas shall be shown on the landscaping plan. Trees shall be staggered and/or spaced so as not to interfere with driver vision, have branches no lower than six feet, and placed at the rate of at least one tree for every 20 parking spaces. All areas between the parking area and the building shall be landscaped with trees, shrubs and ground cover. Any plantings which do not live shall be replaced within two years or two growing seasons. A majority of the parking areas shall be obscured from streets by buildings, landscaped berms, natural ground elevations, or plantings, singularly or in combination.
F.
Lighting of parking area. All parking areas, driveways, and loading areas shall be provided with a lighting system which shall furnish a minimum of 1 1/2 footcandles at any point during hours of operation, with lighting standards in parking areas being located not farther than 100 feet apart, provided that, in residential zones and for residential uses, a lighting system which shall furnish 0.05 footcandle shall be utilized. All lighting shall be completely shielded from traffic on any public right-of-way and from any residential district.
G.
Outdoor storage.
(1)
Outdoor storage of any type, including, without limitation, trash dumpsters or similar containers for the collection of trash, garbage or refuse, shall not be permitted unless storage is a part of the normal operations conducted on the premises subject to design and performance standards for the prevailing zoning district.
(2)
Any article or material stored temporarily outside an enclosed building as an incidental part of the primary operation shall be so screened by opaque ornamental fencing, walls, or evergreen planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on the ground level. All organic rubbish or storage shall be contained in airtight, verminproof containers which shall also be screened from public view. All such storage shall be located behind the building setback line.
(3)
Any establishment which furnishes carts or mobile baskets as an adjunct to shopping shall provide definite areas within the required parking space areas for storage of carts. Each designed storage area shall be clearly marked for storage of shopping carts.
H.
Screening.
(1)
A planted visual barrier, or landscape screen, shall be provided and maintained by the owner or lessee of a property between any district and contiguous residentially zoned district, except where natural or physical man-made barriers exist or where separated by a public right-of-way. This screen shall be composed of plants and trees arranged to form both a low level and a high level screen. The high level screen shall consist of trees planted with specimens no younger than three years in age, and planted at intervals of not more than 10 feet. The low level screen shall consist of shrubs or hedges planted at an initial height of not less than two feet and spaced at intervals of not more than five feet. The low level screen shall be placed in alternating rows to produce a more effective barrier. All plants not surviving three years after planting must be replaced.
(2)
Any existing business affected by these regulations at the time of passage of this chapter shall not be required to comply with the above screening requirements except in case of enlargement or major alteration of such business.
I.
Landscaping.
(1)
Any part or portion of the site which is not used for buildings, or other structures, loading or parking space and aisles, sidewalks and designated storage areas shall be landscaped. Landscaping shall be integrated into the building arrangement, topography, parking and buffering requirements. Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and the use of building and paving materials in an imaginative and aesthetic manner.
(2)
Regulations.
(a)
Natural topography and vegetation. The applicant shall use natural topography and vegetation where possible. Large parking areas are not to be stripped of vegetation without requiring reseeding or replanting of all unpaved areas.
(b)
Saving of trees. Every attempt shall be made by the applicant to save existing trees even at the loss of parking spaces. Clumps of trees shall be saved over single trees. Care shall be taken by the approving authority to properly evaluate site clearing proposals recognizing that wild trees often do not survive when their habitat is drastically altered. Where loss of trees is suggested, replacement shall be required.
(c)
Slopes. Slopes in excess of 3:1 shall be avoided unless necessitated by unusual site limitations. All slopes shall be stabilized in a manner acceptable to the approving authority engineer.
(d)
Parking areas in front of buildings. Parking lots located in front of buildings shall be landscaped to separate them from adjacent roadways.
(e)
Screen areas and buffers. Tall dense screens are required along Nonpenetrable side lines, rear property lines and where commercial or industrial parking areas abut residences or residential zones. Evergreens such as, but not limited to, white pine, Austrial pine, Canadian hemlock, Servian spruce, Arborvitae, and upright yews may be used, provided they meet specified height requirements.
(f)
Driveways. The areas adjacent to the driveways shall be planted with low plants or grass. Appropriate low plants include, but are not limited to, butterfly bush, Sargent juniper, inkberry, Japanese barberry or shrubby cinquefoil.
(g)
Other required landscaping areas. Where a development plan indicates raised walkways between opposing rows of cars, areas at the end of bays, or where proposed or required by the approving authority, specific planting islands are indicated, these areas shall be landscaped. Planting strips may be as narrow as five feet, with a fifteen- to twenty-foot width most desirable. All shall be raised and protected by permanent concrete curbing. The applicant shall landscape 5% to 10% of the parking areas provided.
(h)
Natural setting. In proposing a landscaping plan, an applicant shall take care, and the approving authority in reviewing shall require, that a natural setting consistent with prevailing community standards be preserved. Recognizing that a major community asset lies in the preservation of the natural condition of property, all efforts in the area of landscaping shall be exercised to provide consistent landscaping proposals with existing foliage.
(3)
Landscaping and vegetation plan.
(a)
Prior to the issuance of any construction permit for additions to any existing structure which increases the lot coverage in excess of 10% or the construction of a new dwelling unit or the removal of more than 40% of the vegetation covering of a lot, a landscaping and vegetation plan for the parcel in question must be submitted to and approved by the City of Cape May Construction/Zoning Official to ensure substantial compliance with the criteria and requirements set forth in this section, which landscaping and vegetation plan shall constitute the total of the unimproved site area, as regulated by the existing bulk regulations and incorporating the parameters of Subsection I (3)(d) hereafter.
(b)
The landscaping and vegetation plan must be either left in its natural state or covered in vegetation. The utilization of natural indigenous vegetation is encouraged.
(c)
The Construction/Zoning Official may require such information as is reasonably necessary to enable him to make the determination required under the provision of this chapter. Any landscaping or vegetation plan proposing removal of any tree shall be referred to the Shade Tree Commission (STC) for review and recommendation. In the case of the landscaping and vegetation plan being reviewed as part of a Zoning Board or Planning Board application, the recommendation of the Shade Tree Commission shall be considered advisory and any final decision on removal and replacement may be made by the Zoning Board or Planning Board as part of the application to either board. In any other case (for example, applications for development that require only Zoning Officer or HPC review), the determination of the STC to grant or deny tree removal shall be binding.
(d)
Trees. Removal and replacement of any trees shall conform to replacement obligations set forth in Chapter 482 of the City Code.
(e)
Except as otherwise herein provided, the landscaping and vegetation plan shall retain as much of the natural vegetation as is possible.
(f)
Nothing herein is to be interpreted as indication that an applicant is prohibited from planting additional trees, bushes, grasses or flowers.
(g)
Any existing improved lots with structures shall be allowed to exist in their current state together with routine maintenance, expansion, trimming, planting and replanting of vegetation.
(h)
In lieu of replacing bushes, vines and grasses, the applicant shall plant or leave in place one tree at approximately twenty-foot intervals along the side yard and rear yard, which trees shall be at least two inches in diameter, or the applicant shall plant two bushes of a minimum of two feet in diameter in lieu of every second replacement tree. The requirements of this subsection are in addition to other tree requirements.
(i)
In the case of the issuance of a construction permit for alteration or construction, the property owner shall be required to plant any new vegetation provided for by the landscaping and vegetation plan within six months of the issuance of a certificate of occupancy for such structure. In the case of the issuance of a permit only for the removal of natural vegetation, the property owners will be required to plant any new vegetation provided for by the landscaping and vegetation plan within six months of the issuance of said permit.
(j)
Any property owner or person aggrieved by a determination of the Construction/Zoning Official under the provisions of this chapter may appeal to the City of Cape May Zoning Board of Adjustment; provided, however, that said appeal is filed, in writing, within 45 days after said property owner or person receives notice of the decision by the Zoning/Construction Official.
J.
Exterior design.
(1)
The architectural design of motel, hotel, attached dwelling, multifamily dwelling, commercial and industrial buildings shall be of a design befitting the neighborhood in which construction will take place, and shall be approved by the Planning Board.
(2)
Motel, hotel, attached dwelling, multifamily dwelling, commercial and industrial buildings facing onto two or more rights-of-way facing onto a residential use shall have uniform exterior architectural treatment as approved by the Planning Board.
(3)
Within any residential district, no building with a permitted professional office shall be constructed or altered so as to be inharmonious with the residential character of the adjacent residential areas.
(4)
Attached dwellings shall be constructed so that building facades are offset by architectural detailing resulting in at least a two-foot change in the building plane not less than once every 24 feet. The minimum width of attached dwellings shall be 24 feet, and no more than six units shall be permitted in an unbroken row. No attached dwelling building shall be less than 20 feet from any other attached dwelling building.
(5)
Multifamily dwellings shall be constructed so that the predominant plane of a building in any one direction shall not exceed 100 feet without a ninety-degree change in the direction of the predominant building plane for at least 35 feet. No multifamily dwelling building shall be less than 25 feet from any other multifamily dwelling building.
(6)
No residential structure shall be constructed with a roof having a pitch less than four inches in 12 nor greater than 12 inches in 12; provided that this Subsection J(6) shall not apply to the construction of a mansard roof.
K.
Laundry facilities. All motels, hotels and multifamily-dwelling apartment buildings shall provide facilities for laundry and for drying of bathing suits, and the space for drying such laundry and bathing suits shall be suitably screened.
L.
Apartments over commercial uses. Apartments over commercial uses shall be provided with separate entrances.
M.
Exterior mechanical systems. Exterior mechanical systems, including, without limitation, central air-conditioner units and propane tanks, shall be located no closer to any adjacent right-of way or street line than the face of the primary structure and except where natural or physical man-made barriers surround such system(s) shall be surrounded by a planted visual barrier or landscaping screen. The face of the primary structure shall not include sun parlors, foyers, bay windows, porches, projecting eaves, dormers, gutters, steps, appurtenant structural or mechanical systems or any other solid projections. In the R4 zone, air conditioning equipment and condensers are not permitted to be installed on the roof of any structure.
N.
Flood prevention. All tracts fully or partially located within areas of special flood hazard shall be subject to the provisions of Chapter 258, Flood Damage Prevention, as amended.
O.
Street trees. All land development devoid of major trees, along collector streets of a development and along proposed roads and rights-of-way where natural woods are not present and where, due to construction, the entire right-of-way is cleared, the following provisions shall apply:
(1)
Trees shall be planted along both sides of all streets at a distance from the curbline as approved by the approving authority.
(2)
Street trees shall be planted at minimum intervals as follows, or an equivalent number shall be planted in an informal arrangement.
Tree Size (feet) | Planting Interval (feet) |
|---|---|
Large trees (40+) | 50-70 |
Medium-sized trees (30-40) | 40-50 |
Small trees (to 30) | 30-40 |
(3)
At intersections when the spacing interval exceeds 40 feet, small trees shall be spaced between the larger trees. Trees shall not be located closer than 30 feet from the intersection of the street right-of-way lines, except when the standards increase the distance for sight.
(4)
The caliper of the trees shall be two inches measured 12 inches above the ground. The standing height shall be a minimum of 10 feet. All trees shall be brought to the sight balled and burlapped or other acceptable means, free from insects and disease and true to species and variety.
(5)
Stripping trees or filling more than six inches around trees shall not be permitted unless it can be shown that construction requirements necessitate removal of trees, in which case those lots shall be replanted with trees to reestablish the tone of the area and to conform to adjacent lots.
(6)
Dead or dying trees which have been transplanted by virtue of the requirements of this section shall be replaced by the developer during the next recommended planting season.
(7)
There shall be a minimum of three deciduous shade trees, not including street trees, per lot for all residential developments where the site is devoid of trees or at the discretion and recommendation of the approving authority when adequate shade or canopy has not been provided naturally.
(8)
Street tree plans shall include a planting schedule which describes the quantity, common name, botanical name, size, and comments for each species.
(9)
Ornamental trees need not have straight trunks, but must conform in other respects to the provisions for trees and tree plantings outlined in this section.
(10)
Street tree plans shall include a graphic tree planting detail which shall address the following:
(a)
The thinning of branches and foliage by 1/3. The leader shall not be cut.
(b)
The staking of a deciduous tree by two stakes. The minimum size of stakes shall be two by three inches.
(c)
The support of a tree shall be a double strand of No. 12 gauge wire. A tree shall be protected from injury due to wire by a rubber hose or acceptable equal material.
(d)
The trunk shall be protected by a tree wrap.
(e)
A tree shall be mulched with three inches of approved organic material.
(f)
A three-inch saucer shall be constructed around the planting area.
(g)
The top of the burlap tie shall be removed.
(h)
The ball shall sit on compacted soil.
(i)
The diameter of the hole shall be two feet larger than the diameter of the ball.
(11)
The species of tree may vary depending upon overall effect desired, but generally, all trees shall be the same kind on a street to achieve special effects.
P.
Fire escapes. Existing commercial structures and existing uses only (renovations, expansion or change of use not included) metal construction only.
(1)
The Construction Official, Zoning Officer and Fire Subcode Official shall review and approve plans for fire escapes and evaluate the impact of the structure on the surrounding properties.
(2)
In order to preserve the aesthetic value of existing buildings, especially those in historic districts, proposed fire escapes for existing buildings should, whenever possible, be constructed on the side or rear facades of the building.
(3)
Development applications not requiring site plan review or HPC approval may also be exempted from variance relief from setback and lot coverage requirements, provided that:
(a)
The side and rear setbacks may be encroached upon only if no other conforming location is available.
(b)
A sealed survey and architectural plans must be submitted.
(4)
All fire escapes are subject to the following:
(a)
No structure shall encroach within five feet of the front property line.
(b)
No structure shall encroach upon adjoining property lines or a City right-of-way.[3]
[3]
Editor's Note: Original Secs. 32-46.17 through 32-46.27, which previously followed this subsection, were removed from this chapter, as they were duplicated in Ch. 445, Subdivision of Land, at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now Ch. 445, Art. XVIII, Construction Standards for Specific Improvements.
Q.
Fences and walls. Fences and walls shall be constructed so that the exterior side, facing the street, shall consist of a smooth surface, and that braces, struts or other supporting materials are located on the interior side of the fence, facing the property.
R.
Flagpoles are permitted in all zoning districts. Flagpoles must be set back a minimum of five feet from all lot lines and may not exceed 35 feet in height.
S.
Artificial turf.
(1)
The installation of artificial turf as an alternative to natural landscaping is prohibited in the City of Cape May. As used in this section, "artificial turf" means any of various synthetic, carpet-like materials made to resemble turf or grass and used as a substitute for grass or other natural substances as a lawn, or other similar applications. Any installations of artificial turf existing in the City of Cape May at the time of the adoption of this section may be maintained but may not be expanded in any fashion. At the end of the artificial turf installation's useful life, the artificial turf must be replaced by grass or other permitted ground covering.
(2)
Exceptions. a) The prohibition on use of artificial turf shall not apply to commercial miniature golf courses. b) Projects undertaken by the City on City owned property are exempt from these provisions but remain subject to HPC advisory review pursuant to § 525-37, if applicable.
§ 525-61 Municipal uses and buildings.
A.
Scope. Nothing in this chapter shall be construed to prohibit the use of any building, lot, or premises for municipal or municipal authority purposes, nor shall this chapter prohibit the extension of such uses, provided that the City Council shall decide that such building or extension thereof or such use of any lot or premises is reasonably necessary for the convenience or welfare of the public.
B.
Area and bulk regulations. All municipal or municipal authority uses and buildings shall comply with the area and bulk regulations and other regulations specified for the zoning district in which such building or use is located, except to the extent deviation therefrom is specifically permitted by law.
§ 525-62 Private and semiprivate recreational facilities.
[Amended 12-15-2009 by Ord. No. 195-2009; 8-15-2023 by Ord. No. 507-2023; 9-3-2025 by Ord. No. 574-2025]
For purposes of this section, "private" shall mean personal use or use by members only. "Semiprivate" shall mean use if accompanied by a member.
A.
Swimming pools.
(1)
All swimming pools, including any aprons, walkways, or patios connected with any swimming pool; (a) shall be at least 10 feet from any property line; (b) may not be within the required front yard setback area; and (c) shall be set back from the front property line by a distance greater than the actual front yard setback of the principal structure to which the swimming pool is accessory.
(2)
All swimming pools, measured from the waters edge, shall be at least 10 feet from any principal structure; provided that this Subsection A(2) shall not apply to any swimming pool which (a) is wholly above grade; (b) occupies an area less than 100 square feet; and (c) is covered by a rigid cover when not in use.
(3)
All swimming pools shall be enclosed by a fence as required by state law and shall comply with the requirements of the Historic Preservation Commission, as applicable, and the guidelines adopted pursuant to Article VIII of this chapter.
(4)
All swimming pools shall provide a four-foot-wide planted green space along the rear and side property lines within the rear yard, to increase infiltration, add additional buffering, improve aesthetics, and provide space for grading and the conveyance of stormwater. Plant selection shall conform to the following general design principles:
(a)
All landscape plants shall be typical full specimens to provide an effective buffer for the location of the pool consistent with the requirements herein. The Environmental Commission and Shade Tree Commission may provide an informational list of recommended plantings.
(b)
Local soil conditions and water availability shall be considered in the plant selection. All plants shall be tolerant of specific site conditions.
(c)
Landscaping shall not inhibit access by emergency vehicles or inhibit visibility within required vehicular sight triangles.
(d)
Irrigation systems are recommended for all new plantings. Draught-resistant plantings are also recommended.
(e)
Deciduous shade trees shall have a minimum caliper of 2 1/2 inches. Ornamental trees shall be a minimum six feet in height. Evergreen trees shall be a minimum six feet in height. The spacing of all trees shall be a maximum of 12 feet on center so that a continuous buffer is provided. These shall be the minimum measurements at the time of planting.
(f)
All trees shall be planted with proper subterranean preparation of the ground.
(g)
A shed, garage, or similar existing accessory structure may serve as part of the "buffer" area contemplated herein for purposes of surrounding the pool, so long as it provides substantially similar protection and complies with all other applicable codes and regulations.
(5)
For the avoidance of any doubt, the bulk requirements set forth herein for swimming pools are established to advance the following public health, safety, and general welfare objectives:
(a)
Ensure adequate access for emergency response personnel, including but not limited to firefighters and emergency medical services, by providing sufficient space for staging, movement, and operational clearance around the entirety of the pool structure and other nearby structures;
(b)
Enhance life safety by maintaining an unobstructed perimeter to facilitate prompt and effective emergency access from multiple directions;
(c)
Preserve adequate light, air, and open space on the lot and for adjacent properties, thereby reducing the potential for overcrowding and minimizing adverse impacts on neighboring uses; and
(d)
Promote orderly development consistent with sound planning and zoning principles, including the mitigation of hazards and detrimental impacts associated with proximity between pools, structures, and property boundaries.
(6)
All applications for the installation or construction of accessory swimming pools, whether or not any variance relief is required, shall be subject to review by the Fire Department Chief, or his designee, prior to the issuance of a zoning permit. The purpose of this review is to ensure that the proposed pool location, access, and surrounding conditions do not interfere with fire department operations, access routes, or fire safety requirements.
B.
Tennis courts.
(1)
Tennis courts are considered structures for the purpose of permits and regulations of this chapter and other ordinances. For the purpose of this chapter, they are not counted as floor area in computing the lot coverage but shall not be located between the building setback line and the property line.
(2)
Tennis courts shall be protected by a permanent fence 10 feet in height behind each base line extending at least 10 feet beyond the playing area in each direction.
(3)
Tennis courts, or required fences for such, shall not be located within 10 feet of any property line.
C.
Other outdoor recreational facilities. No major, private or semiprivate recreational facility may be located within 10 feet of any property line and may not be located in any required setback area.
D.
Floodlighting for outdoor recreational activities. Any proposed outside floodlighting for recreational facilities or activities in any district must be approved by the Planning Board prior to the issuance of a permit for the erection of such lighting. Application for such shall be made in writing to the Construction/Zoning Official. Such application shall include a sketch showing the proposed lighting standards, the direction and intensity of lighting, all adjacent property lines, and other such information as may be necessary to enable the Planning Board to determine whether the lighting complies with this chapter and otherwise minimizes interference with adjacent properties and use.
E.
Off-street parking. All semiprivate recreational facilities shall be provided with paved parking areas in accordance with § 525-49.
§ 525-63 Churches, synagogues and religious facilities.
A.
Allowable uses.
(1)
Places of worship, including churches, synagogues, temples, chapels, halls, are allowable uses.
(2)
Religious education buildings.
(3)
Recreational buildings when accessory to worship activity.
(4)
Residences, when adjacent to and related to worship activity, such as parish house, manse, rectory, or convent.
B.
Area and bulk regulations. All area and bulk regulations of the most restrictive element of the prevailing zoning district shall apply with the following exceptions:
(1)
The minimum lot size shall be that which is necessary to accommodate the use and is consistent with the setback, parking, and other standards for that district and this section.
(2)
The minimum building setback, side yard and rear yard shall be 25 feet.
(3)
The maximum building coverage shall be 30%.
(4)
The combined maximum lot coverage by building and paved area shall be 75%.
C.
Off-street parking. Parking shall be provided in accordance with the provisions of § 525-49.
§ 525-64 Schools.
A.
Allowable uses.
(1)
Public schools.
(2)
Parochial schools.
(3)
Private nonprofit schools.
B.
Area and bulk regulations. All area and bulk regulations of the most restrictive elements of the prevailing zoning district shall apply with the following exceptions:
(1)
The minimum lot size shall be based upon acceptable educational standards and the conditions of a given site.
(2)
There shall be at least one acre of land for each 100 students, including projected enrollment.
(3)
The minimum building setback, side yard, and rear yard shall be 100 feet.
(4)
The maximum building coverage shall be 20%.
(5)
The combined maximum lot coverage by building and paved area shall be 50%.
C.
Standards. The following shall be observed for each use:
(1)
Each site shall be easily accessible from any improved public street with safe ingress and egress for both vehicular and pedestrian traffic.
(2)
Each site shall be economically accessible to essential public utilities.
(3)
All play areas contiguous to any developed lot shall be fenced.
D.
Off-street parking. Parking shall be provided in accordance with the provisions of § 525-49.
§ 525-65 Clubs, lodges and fraternal organizations.
In districts where permitted by this chapter, these and similar uses are restricted to those not conducted primarily for gain, although a dining room may be operated for the benefit of members and alcoholic beverages may be served where premises are properly licensed; provided that no sign advertising the sale of food or beverages will be permitted. Buildings or structures hereafter converted or erected for such use are subject to all applicable regulations for the district in which the facility is to be located. The area and bulk regulations of the most restrictive elements of the prevailing zoning district shall apply.
A.
Boat clubs. In districts where permitted by this chapter, boat clubs are restricted to those not conducted primarily for gain and shall be subject to the following:
(1)
No sign advertising the sale of food or beverages will be permitted.
(2)
Buildings or structures hereafter converted or erected for such use are subject to all applicable regulations for the district in which the facility is to be located. The area and bulk regulations of the most restrictive elements of the prevailing zoning district shall apply.
(3)
Parking shall be provided in accordance with the provisions of § 525-49. Two off-street parking spaces shall be provided for each trailerable boat. Use of boat club facilities shall be strictly limited to the number of boats for which two off-street parking spaces are provided and available.
(4)
Open beach areas are permitted for launching of small sailboats only.
(5)
Permitted uses in association with a boat club are an observation area for visual access to adjacent water, water-related activities and wetlands, a fishing pier, fishing from beach areas, bike trails, and a boat ramp for launching small trailerable boats.
(6)
Prohibited uses in association with a boat club are the sale, building, repair, storage or rental of boats or recreational equipment; fuel storage, distribution or sale; overnight dwelling on any structure or boat, floating or permanent docks; bulkheading or pilings; and boat wash-down areas.
§ 525-66 Tourist/guest house regulations.
A.
Uses permitted. In districts where permitted, transient tourist/guest rooming accommodations.
B.
Accessory uses. Service of meals, limited to registered guests.
C.
Area and bulk regulations. All area and bulk regulations of the prevailing district shall apply. Each room shall be considered the equivalent of a 1/2 dwelling unit for the purpose of computing density.
D.
Off-street parking regulations. Parking will be provided in accordance with the regulations in § 525-49.
E.
Sign regulations. Sign regulations of the prevailing zoning district shall apply.
§ 525-67 Nursing homes.
In districts where permitted in this chapter, nursing homes shall be subject to the following special requirements in addition to district requirements:
A.
The minimum lot area for each four, or remainder over a multiple of four resident patients or resident guests, shall be the same as the minimum lot area required for each dwelling unit in the district the use is located, provided that no lot contains less than 6,500 square feet. The minimum lot width shall be 100 feet.
B.
No more than 50 patients or resident guests shall be accommodated at one time in any one establishment.
