Cape May City Zoning Code
ARTICLE III
Application of Regulations
§ 525-8 Conformity of regulations.
No building or land may hereafter be used or occupied and no building or part thereof may be erected, moved or altered unless in conformity with the regulations herein specified for the district in which it is located.
§ 525-9 Required open space used once; single principal structure or use.
No part of a yard or other open space required about any building, structure or use for the purpose of complying with the provisions of this chapter may be included as part of a yard or other open space similarly required for another building, structure or use. Each site shall have only one principal building, structure, or use.
§ 525-10 Specific districts regulated.
Unless otherwise stated, these regulations shall apply only to the specific zoning district as stipulated herein.
§ 525-11 Effect of establishment of districts.
Following the effective date of this chapter:
A.
Any use not permitted by this chapter shall be deemed to be prohibited.
B.
Every principal dwelling structure and its accessory structure(s), except as otherwise provided for under the Planned Development District, shall be built upon a lot with direct access to an approved street and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.
C.
Completion of structures for which building permit has been issued. Nothing in this chapter shall be deemed to require any change in the plans, construction, or designated use of any building or structure if a building permit therefor was duly and legally issued prior to the effective date of this chapter and actual construction pursuant thereto was lawfully begun prior to the effective date and has been diligently carried on.
D.
For purposes of this section, "actual construction" is defined to be the actual placing of construction materials in their permanent position, fastened in a permanent manner, except that where demolition or removal of an existing building or structure has been substantially begun preparatory to rebuilding, such demolition and removal shall be deemed to be actual construction. Similarly, whenever a district shall be changed hereafter, the provisions of this chapter with regard to building permits duly and legally issued prior to the effective date of this chapter shall apply to building permits duly and legally issued for construction in such changed district prior to the effective date of the amendment affecting such change.
§ 525-12 Conditional uses.
Uses listed as a conditional use in a particular district may be permitted by the Planning Board, only after it has determined that the development proposal complies with the conditions and standards set forth in this chapter for the location and operation of such use. In addition to the conditions and standards set forth elsewhere in this chapter, all conditional uses shall comply with the following standards:
A.
All proposed structures, equipment, or material shall be readily accessible for fire and police protection.
B.
The proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which is proposed to be situated, will be free of nuisance characteristics, and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
C.
In addition to the above, in the case of any conditional use located in, or directly adjacent to, a residential district (R-1, R-2, R-3, R-S or HO):[1]
(1)
The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to, or incongruous with, the residential district, or conflict with the normal traffic of the neighborhood; and
(2)
The location and height of buildings, the location, nature, and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings, nor materially affect property value thereof.
D.
Each application for a conditional use shall be accompanied by a proposed site plan showing the size and location of the lot, the location of all buildings and proposed facilities, including access drives, parking areas, and all streets within 200 feet of the lot.
E.
A request for a conditional use permit shall be reviewed by the same procedure as a site plan as outlined in Chapter 417, Site Plan Review.
F.
Any conditional use that is granted shall be deemed to be a conforming use in the district in which such use is located, except as provided in Subsection G below, provided that such approval shall affect only lot or portion thereof for which such use shall have been granted.
G.
In case of review of a conditional use request where there is an existing nonconforming use of land under Article XI hereof, the Planning Board may impose such reasonable conditions, including, but not limited to, the placing of fencing and screening, as will minimize the impact such open use has upon surrounding residential properties. In such cases the Planning Board may also permit reasonable changes in existing structures on the land, within the limitations of the district in which the use is located, for the purpose of limiting the open use of the land.