Cape May City Zoning Code
ARTICLE IX
Supplemental Regulations
§ 525-46 Applicability.
Unless otherwise stated, the regulations in this article shall apply uniformly throughout the City regardless of zoning district boundaries.
§ 525-47 Purpose.
In addition to the goals stated in § 525-2, the regulations established in Articles IX, X and XI are in accordance with the planning policies as described in the City of Cape May Comprehensive Development Plan and are intended to achieve the following:
A.
Provide guidelines for the control of accessory or secondary uses.
B.
Provide guidelines for controlling the design of multifamily residential and nonresidential buildings.
C.
Provide guidelines which will enable adequate control of the use of signs.
D.
Provide guidelines for the performance of nonresidential uses in order to further assure that the health, safety and welfare of the City's citizens will not be impaired and that the environmental and aesthetic quality of the City will be enhanced.
§ 525-48 Sign regulations.
A.
Purpose and interpretation.
(1)
The purpose of this section is to regulate all signs within the City.
(2)
The following signs shall not be subject to these regulations:
(b)
Memorial plaques, cornerstones and historical markers.
(c)
Signs on mailboxes displaying the name of the resident or occupant of the property and/or the street address not exceeding five inches in height.
(d)
Miscellaneous signs authorized by the Chief of Police.
(e)
Signs, including banners, installed, erected or placed by or at the direction of the City upon City streets, roads, sidewalks, rights-of-way or other real property owned or controlled by the City.
(f)
Permanent signs that existed before December 8, 2003, shall be grandfathered and exempt from these regulations and shall be classified as preexisting nonconforming structures.
(g)
Awnings with lettering, logos or other advertising or identifying information, that existed before December 8, 2003, shall be grandfathered and exempt from these regulations until such time the awning is replaced.
B.
General requirements.
(1)
All signs subject to site plan, planned development or subdivision review which are not temporary signs shall require the approval of the Planning Board or Board of Adjustment, or Historic Preservation Commission, depending upon which Board has jurisdiction. Proposed signage not subject to the jurisdiction of the Planning Board or Zoning Board of Adjustment shall be required to obtain a permit from the Zoning Officer.
[Amended 9-19-2023 by Ord. No. 506-2023]
(2)
If any signs which are not temporary signs are to be placed in the historic district, they shall also require the approval of the Historic Preservation Commission pursuant to Article VIII of this Code, and shall be constructed with materials consistent with the historic character of the district.
(3)
All temporary signs shall not be subject to review and cannot be granted relief by the Planning Board, Board of Adjustment and/or the Historic Preservation Commission.
C. A-FRAME SIGN AREA AUTOMATED SIGN BACKLIT SIGN COMMERCIAL DISTRICTS CONTRACTOR'S SIGN DIRECTIONAL SIGN FREESTANDING SIGN FRONTLIT SIGN HEADER/FOOTER ILLUMINATED SIGN PARAPET PERMANENT SIGN PERMITTED USE PORTABLE SIGN RESIDENTIAL DISTRICTS REAL ESTATE SIGN ROOFLINE SHOPPING CENTER SIGN TEMPORARY SIGN
Definitions. For the purposes of this section, the following terms shall have the following meanings:
A freestanding sign that is composed of two sides that are connected at the top to form a triangle; also known as a "sandwich" sign.
The area of the sign shall refer to the total area of all visible sign facings, including any border framing or decorative attachments. In the case of freestanding letters or a sign painted on a window without any border framing or decorative attachments, it shall be the area contained between the highest and lowest points of any letters, and the extremity points of the first and last letters. Freestanding letters are those that have no visible means of support.
A sign that is electrically, environmentally or mechanically activated, or which employs motion, noise, recorded or live messages, moving parts, or emits sound, steam, flashes, special effects or revolving lights.
Any sign that is illuminated from the rear of the sign. (See "illuminated sign.")
The C-1, C-2, C-3, NC, C-5 and C-6 Districts as defined in this chapter.[1]
A temporary sign of a contractor, mechanic, painter or artisan erected and maintained on a premises where work is being performed by such person, which sign depicts the name of the person's business and the person's trade.
Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.
A sign principally supported by a structure affixed to the ground, and not supported by a building, including signs supported by one or more columns, poles or braces placed in or upon the ground.
Any sign that is illuminated from the front of the sign, such as by a spotlight or floodlight. (See "illuminated sign.")
An addition to a sign either placed directly above (header) or below (footer) such sign.
A sign characterized by the use of artificial light, either projecting through its surface(s) (backlit) or reflecting off its surface(s) (frontlit).
The extension of a building facade above the line of the structural roof.
Any sign that is not a temporary sign.
A use which is either permitted in the zoning district, is a legal preexisting nonconforming use, or which has received a use variance from the Board of Adjustment.
Any sign that is not permanently attached to the ground or to a building or building surfaces.
All districts which are not within the commercial districts.
A temporary sign advertising the sale, lease or rental of the property or premises upon which it is located.
The top edge of a peaked roof or, in the case of an extended facade or parapet, the uppermost point of said facade or parapet.
Either enclosed or nonenclosed areas where a group of stores are attached or clustered together.
Any device visible from a public place that displays commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations. It shall include flags, banners, streamers, posters or any other material or fabric.
A sign intended to display either commercial or noncommercial messages of a transitory or temporary nature. This shall include flags, banners, streamers and posters. Portable signs or any signs not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, as well as flags, banners, streamers and posters are considered temporary signs.
D.
General restrictions. The following general restrictions shall apply to all signs in all zoning districts:
(1)
No signs may be permitted within any street, road, sidewalk or other public right-of-way.
(2)
No sign visible from the street may contain the word "STOP" or use an arrow.
(3)
No sign may project more than 24 inches over a public walkway, and the lower edge of such sign shall be not less than 10 feet above the walk level.
(4)
No sign may project above the roofline of the building on which it is mounted.
(5)
No automated signs are permitted.
(6)
No vending machine may be either frontlit or backlit. Any existing machines with such lighting installed must have their illumination removed or disabled.
(7)
No signs illuminated by neon or other gaseous elements or materials shall be permitted except for signs which state "vacancy" or "no vacancy" in connection with the operation of a hotel, motel or tourist/guest house which is a permitted use. A maximum of one such sign per location, which may be double sided, is allowed with a maximum per side size of eight inches by 24 inches.
(8)
No backlit signs shall be permitted.
(9)
No lettering, logos or other advertising or identifying information shall be permitted on awnings or umbrellas.
E.
Regulations applicable to all districts. Signs in all districts are subject to the following regulations, provided the use advertised by any such sign must be a permitted use:
(1)
Private parking and traffic control signs (other than official traffic signs) may not exceed four square feet in total area, where such signs are authorized by the Chief of Police. Such signs shall not contain the name of any business or describe any products or services of the business.
(2)
Special information signs which indicate men's, women's or rest rooms, hours of operation, credit cards accepted, gasoline pump identification, gasoline prices and gallonage register. Such signs may be permitted only where attached to the building or equipment. No letter or number in excess of four inches' vertical height may be permitted in such signs. The total area of such signs shall not be included in calculating permitted sign areas.
(3)
Real estate signs will be subject to all of the following conditions:
[Amended 2-15-2005 by Ord. No. 15-2005; 6-19-2007 by Ord. No. 106-2007]
(a)
Only one real estate sign shall be permitted for each property.
(b)
The total area of the sign shall not exceed three square feet.
(c)
One header or footer will be permitted with a total area of 54 square inches.
(d)
The sign must be placed anywhere on the side of the sidewalk opposite the street. If there is no sidewalk, the minimum distance that a real estate sign can be from the curbline abutting the property will be seven feet. In the event that there is no sidewalk and the building setback is less than seven feet from the curbline, the sign shall abut the property being listed.
(e)
The maximum height of a real estate sign, including any header, shall be three feet from ground level to the top of the sign; provided that a sign hanging from a post may be 56 inches from the ground level to the top of the sign. All signs may also exceed the maximum height if there is a barrier which would otherwise obstruct the visibility of the sign from the street fronting the property, such as a fence or shrubbery; in which case the top of the sign shall not be more than three feet from the top of the barrier.
(f)
"Sold" signs shall not be permitted after the expiration of 30 days from the transfer of the property.
(g)
"Open house" signs shall be subject to all of the following conditions:
[1]
Two "open house" signs, which shall include directional arrows, shall be permitted per open-house event between the hours of 9:00 a.m. and 5:00 p.m.
[2]
The existing real estate sign on the subject property may have an open-house rider attached thereto and balloons to highlight the open house.
[3]
Two "open house" signs may be permitted; each placed at the intersection of two separate cross streets leading to the subject property located at the corner of the nearest cross street intersection with the subject property; and one "open house" sign may be located at the corner of the street that intersects with such cross street.
[4]
No more than one "open house" sign shall be permitted at any corner at the same time.
[5]
Application for the use of open-house signs shall be made to the City Manager's office and shall be approved on a first-come-first-served basis.
[6]
Open-house signs shall be subject to all applicable conditions set forth in § 525-48E(3), and shall not be permitted upon City-owned property or within any public right-of-way area.
(h)
The following real estate signs shall be permitted for multiunit dwelling structures:
[1]
In the event that all units in the structure have the same owner and are listed for rent or sale by a single broker, a total of two real estate signs shall be permitted on the property; one "for sale" sign and one "for rent" sign.
[2]
In the event that two or more units are owned by more than one individual or entity with unrelated owners and listed for sale or rent with different brokers, one "for sale" and one "for rent" sign shall be permitted for each owner.
(4)
(a)
For new construction of structures that contain less than four dwelling units, and for all other work which requires a building permit on structures that contain less than four dwelling units, the following conditions:
[1]
One sign will be allowed with a maximum area of six square feet.
[2]
The sign may be double-sided.
[3]
The minimum distance from the curbline abutting the property line shall be 15 feet. In the event that the building setback is less than 15 feet from the curbline, the sign shall abut the structure being constructed.
[4]
The maximum height of the sign from ground level to the top of the sign shall be six feet.
[5]
The sign will be placed upon the property only after a building permit is issued to the general contractor and shall be removed before the temporary or permanent certificate of occupancy (CO) is issued.
[6]
A permit from the Zoning Officer issued to the general contractor, which may also cover all subcontractors working on the site, will be required prior to the placement of the sign. No fee will be required.
(b)
For new construction of structures that contain more than three dwelling units and for all other nonresidential construction, the following conditions apply:
[1]
One sign will be allowed with a maximum area of 12 square feet.
[2]
The sign may be double-sided.
[3]
The minimum distance from the curbline abutting the property line shall be 15 feet. In the event that the building setback is less than 15 feet, the sign shall abut the structure being constructed.
[4]
The maximum height of the sign from ground level to the top of the sign shall be six feet.
[5]
The sign will be placed upon the property only after a building permit is issued to the general contractor and shall be removed before the temporary or permanent certificate of occupancy (CO) is issued.
[6]
A permit from the Zoning Officer issued to the general contractor, which may also cover all subcontractors working on the site, will be required prior to the placement of the sign. No fee will be required.
(c)
For work being conducted on existing structures or for which a building permit is not required, the following conditions apply:
[1]
One sign will be allowed with a maximum area of 1 1/2 square feet.
[2]
The sign may be double-sided.
[3]
The minimum distance from the curbline abutting the property line shall be 15 feet. In the event that the building setback is less than 15 feet, the sign shall abut the structure being constructed.
[4]
The maximum height of the sign from ground level to the top of the sign shall be three feet.
[5]
The sign will be placed upon the property upon commencement of the work and must be removed within 48 hours after completion of the work or 30 total days, whichever comes first.
(5)
Political signs temporary nature may be placed no earlier than three weeks prior to the corresponding election and must be removed no later than one week following the corresponding election.
[Added 2-19-2008 by Ord. No. 137-2008]
F.
Required signs, street address. All structures must be clearly identified by street address numbers which are clearly visible from the street line in accordance with the requirements of Subsection A(2)(c) above. All dwelling units or other uses in a structure shall also be clearly identified.
G.
Regulations applicable to residential districts. Signs in residential districts shall be subject to the following regulations:
(1)
Flags may not contain obscene material, as defined in the New Jersey Criminal Code, and they may not exceed 24 square feet.
(2)
Professional, accessory use or name signs on the same lot with and indicating the name and profession of the occupant of the dwelling shall comply with all of the following conditions:
(3)
Signs for a school, church, hospital, sanatorium, or other institution of a similar nature on the same lot therewith, for the purpose of displaying the name of the institution and its services, shall comply with all of the following conditions:
(4)
Trespassing signs, and signs indicating private ownership of roadways or other property, on the same premises therewith shall comply with all of the following conditions:
(6)
Signs in connection with the identification, operation, or protection of any public utility shall comply with all of the following conditions:
(7)
Signs for an apartment house, tourist/guest house, or multifamily residential development shall comply with all of the following conditions:
H.
Regulations applicable to commercial districts. Signs in the commercial districts shall be subject to the following regulations:
(1)
All regulations applicable to signs in the residential districts shall also apply to signs in the commercial districts.
(2)
Each business or commercial establishment may erect signs to advertise its business under one or more of the following provisions:
(a)
One freestanding sign may be erected for a business of single or separate ownership where such sign is mounted within the building setback area, subject to all of the following conditions:
(b)
One or more signs may be attached to or mounted on a building face, subject to all of the following conditions:
(c)
Signs located in windows must satisfy one or more of the following conditions, and the use to which the sign relates must be a permitted use:
[1]
The display of permanent advertising signs and posters attached to or otherwise mounted so as to be seen only through the windows of a business or commercial establishment, provided that the area of such signs shall not exceed the area permitted in Subsection H(2)(b)[1] above.
[2]
Signs attached directly to a window or within three feet of a window may not cover more than 25% of the window.
[3]
A temporary sign in a window may remain on display for a duration of not more than 14 consecutive days once in any calendar year. Such temporary signs shall not cover more than 20% of the window area and do not require a permit or any other local approvals.
(d)
A-frame signs shall comply with all of the following conditions:
[1]
Only one sign will be allowed on the property at any time.
[2]
The maximum total area of the sign for both sides shall be 12 feet.
[3]
The sign will be allowed for a maximum of three consecutive days at any one time, and for not more than six times in any calendar year.
[4]
The use related to the sign is a permitted use.
[5]
A permit from the Zoning Officer shall be required for each time that the sign is used; however, no fee will be required. The application for the permit shall specify the exact dates on which the sign will be used.
[6]
Nonprofit organizations that are organized for civic, philanthropic, educational, religious, artistic or recreational purposes are exempt from the requirement of Subsection H(2)(d)[3] and [5] and can place such A-frame signs which conform to the other requirements of Subsection H(2)(d)[ l], [2] and [4] at any time and without a permit.
(e)
Banners shall comply with all of the following conditions:
[Ord. No. 326-2018]
[1]
Only one banner will be allowed on the property at any time.
[2]
The maximum total area of the banner shall be 12 feet.
[3]
The banner shall be professionally prepared, and the name, address and phone number of the person or entity preparing the banner shall be provided to the Zoning Officer with the permit application.
[4]
The use related to the banner is a permitted use.
[5]
The banner will be allowed for a maximum of 14 consecutive days at any one time, and for not more than two times in any calendar year.
[6]
A permit from the Zoning Officer shall be required for each time that the banner is used; however, no fee will be required. The application for the permit shall specify the exact dates on which the banner will be used.
[7]
Notwithstanding any other provision of this Section, commercial establishments in the Business Improvement District, as delineated in Chapter 505 of the Cape May City Code, shall be permitted to display one red, white and blue "OPEN" banner sign, 2 feet by 3 feet in dimension, from November 15 through April 15.
(f)
Each business or commercial establishment primarily engaged in the business of selling food and beverages for on-site consumption may utilize one blackboard sign to advertise items served at the premises subject to the following:
[Added 6-20-2006 by Ord. No. 71-2006]
(3)
In addition to complying with all of the regulations set forth in this section, all signs for individual businesses and commercial establishments in the commercial districts and shopping centers must comply with all of the following conditions:
(4)
The provisions of Subsection D(4) shall not take effect until 60 days after the adoption of this chapter.
§ 525-49 Off-street parking standards.
A.
General standards.
(1)
Off-street parking space, or spaces with proper and safe access from street or alley, shall be provided on each lot, either within a structure or in the open to serve the uses, whether principal or accessory, within the district adequately. If located within the structure, the parking shall be enclosed. The parking spaces shall be at least nine feet by 18 feet in size. Parking spaces, drive aisles, and driveways shall have a surface approved by the Construction/Zoning Official and shall have a safe and convenient access in all seasons. Drive aisles shall have a minimum width of 10 feet and a maximum width of 30 feet exclusive of parking spaces as approved by the Board Engineer.
B.
Buffer and landscaping requirements. Every parking lot shall be subject to the following buffer requirements:
(1)
A parking lot which is accessory to a permitted use, has capacity for five or more automobiles, and abuts a residential district or a lot used for residential purposes shall be screened from the adjacent property by a buffer planting strip not less than five feet in width. The planting strip shall be permanently maintained, and shall be of sufficient thickness and height to give maximum protection and immediate visual screening to an abutting property or district. The screen shall consist of dense evergreens or a compact evergreen hedge, or, when accepted by the Planning Board, the screen may consist of an appropriate fence, suitable planting, or a combination thereof.
(2)
In the case of a parking lot which is the primary use of a parcel, such lot shall be enclosed, except for entrances or exits, by an ornamental fence or wall, or by a compact evergreen hedge not less than three feet in height.
C.
Number and location of required spaces. The following off street parking spaces shall be provided, and satisfactorily surfaced and maintained by the owner of the property for each building which, after the date this chapter becomes effective, is changed in use, expanded, erected, enlarged or altered for use for any of the following principal or accessory purposes:
(1)
Dwellings, in accordance with the New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21.
(2)
Auditorium, church, stadium, theater, restaurant, tavern, or other places of public assembly, at least one parking space for each four seats provided for patrons based on maximum seating capacity.
(3)
Schools, one space per 15 students in elementary schools; one space per 10 students in other schools or one space for each 60 square feet of auditorium space, whichever is greater.
(4)
Hotel, motel, or tourist/guest houses, except as may otherwise be required by this chapter, at least one parking space for each guest sleeping room, plus one space per employee on the largest shift.
(5)
Hospital, or nursing home, at least one parking space for each two patient accommodations.
(6)
Medical and dental offices and clinics, four spaces per doctor.
(7)
Retail stores, at least one parking space for each 200 square feet of selling area.
(8)
Office buildings and banks, at least one parking space for each 200 square feet of office floor area.
(9)
Personal services establishments, one space for each 100 square feet of customer service area.
(10)
Wholesale, warehouse and industrial establishments, one space for each 1,000 square feet of floor area.
(11)
Employee parking, unless otherwise specified. In addition to the above requirements, there shall be provided one space for each full-time employee. It is herein specified, however, that in the C-1 and C-2 Districts, no additional employee parking shall be required where (an) additional employee(s) is (are) employed due to business considerations only and there is no change of use, addition to, alteration of or enlargement of the business as conducted or expansion or conversion of the interior of the building leading to an increase in floor area, office floor area, selling area or customer service area as specified herein.
(12)
The number of required off-street parking spaces for all other uses shall be determined by the Planning Board as part of the site plan review procedure.
D.
Temporary seasonal parking.
(1)
Temporary seasonal parking may be permitted in any district not zoned against such use, subject to the approval by the Planning Board of a parking lot plan. The Planning Board shall require a plat indicating all proposed parking spaces and provisions for traffic ingress and egress. The Planning Board shall consider the desirability of such parking based on need for parking, hardship to the applicant to conform to permanent parking provisions, lessening congestion on the streets and compatibility with the surrounding neighborhood. In this regard, certain requirements such as, but not limited to, surfacing may be waived by the Planning Board.
(2)
Approval by the Planning Board shall entitle the applicant to a special temporary seasonal parking permit, valid for one year, to be issued by the City Clerk subject to the payment of all necessary fees. Approval by the Planning Board shall not be construed to vest any rights in the applicant exceeding the one-year period for which approval is granted.
E.
Parking Trust Account. In the event that an applicant has insufficient land for 100% of the required off-street parking spaces required by Subsection C based on the proposed use or uses of the site, the approving authority may still approve the application conditioned upon the applicant installing the parking spaces for which there is sufficient land and contributing $5,000 for each additional parking space omitted, up to the required number, to a City Parking Trust Account maintained by the City specifically for the periodic purchase, lease, acquisition or maintenance of off-street parking lots to serve the City under the following terms and conditions:
(1)
Contributions to the City Parking Trust Account shall be permitted only for the conversion of buildings in existence as of the effective date of the establishment of the City Parking Trust Account. In the event that the application for development constitutes an addition to an existing building or the construction of a new building, the parking requirements of Subsection C must be met and no contribution to the City Parking Trust Account will be permitted. In the event that the application includes new construction, construction of the actual parking spaces on the site must be utilized and no contribution to the City Parking Trust Account will be permitted.
(2)
Nothing herein shall prevent the approving authority from denying the application, notwithstanding an offer of the contribution to the City Parking Trust Account.
(3)
The fees required shall be paid prior to the issuance of any building permits for the development application in question.
F.
Parking standards for Victorian hotels.
(2)
Any Victorian hotel which utilizes stacked parking must provide valet services as the exclusive system for parking vehicles and shall be required to delineate the parking spaces by paint lines or markers. All other off-street parking requirements of this chapter must be satisfied except for such requirements that would be inconsistent with stacked parking.
(3)
Each stacked parking space shall be at least nine feet by 18 feet in dimension.
(4)
Any Victorian hotel which desires to utilize stacked parking shall be required to obtain the review and approval of the Planning Board using presently adopted site plan design standards.[1]
[1]
Editor's Note: Former Subsection G, Standards for electric vehicle supply equipment, added 3-3-2020 by Ord. No. 390-2020, was repealed 1-18-2022 by Ord. No. 450-2021.
§ 525-50 Loading standards.
A.
Common standards. All off-street loading and unloading spaces shall meet the following standards:
(1)
At least one space shall be at least 12 feet wide and 55 feet long.
(2)
Loading facilities shall have paved surfaces.
(3)
Required off-street parking space shall not be computed for loading and unloading purposes.
(4)
The necessity for a loading zone shall be determined by the Planning Board or the Zoning Board of Adjustment in connection with site plan review or other reviews of applications for development before the respective Boards.
C.
Nonresidential multiple use. Multiple utilization of an off-street loading and unloading space by more than one use may be permitted by the Planning Board where such uses are contiguous or in close proximity and are all within 300 feet of the loading space.
§ 525-51 Outdoor display, sales and storage.
A.
Except for cases in which specific approval has been secured from the Planning Board or Zoning Board at the time of site plan approval or waiver, and except as provided in Subsection B hereof, no business shall display, sell or store merchandise, products, equipment or similar materials outside the building in which the business is conducted. The aforesaid shall not, however, prohibit the use as authorized by ordinance on the Washington Street Mall (Chapter 324, Article I) or on the Boardwalk Promenade Plaza area (Chapter 324, Article II).
B.
In cases where site plan approval or waiver is secured, the following restrictions and conditions shall apply, together with such other restrictions and conditions as may be deemed advisable by the Planning Board or Zoning Board at the time of review of an application. The Zoning Board shall have only ancillary jurisdiction in this regard.
(1)
A current, valid mercantile license must be in effect for the business.
(2)
The display, sale or storage shall not encroach upon any required sidewalk, setback, open space, parking, buffer or similar area.
(3)
Any display, sale or storage shall be conducted from ground level and shall not exceed eight feet in height from ground level.
(4)
Hours of use shall be designated and restricted as well as months and days of the year.
(5)
No additional signs shall be permitted beyond those generally authorized by ordinance.
(6)
A maintenance schedule shall be submitted and shall be subject to approval.
(7)
An adequate drainage plan shall be submitted and shall be subject to approval.
(8)
Appropriate limitations shall be established with regard to size of area and the specific type of items to be displayed, sold or stored.
(9)
No outdoor display, sales or storage shall be illuminated or contain self-illumination.
(10)
Any outdoor display, sales or storage shall be freestanding and open to view. At no time shall merchandise be stacked, containerized or in any other way obstructed from open view.
C.
Merchandise may be displayed outside the building in which the business is conducted subject to the following:
(1)
Displays of merchandise must be open to public view, and may not be placed in containers, boxes, closed bins, or placed on tables. This provision does not include the placing of food on tables incidental to permissible restaurant use.
(2)
No clothes racks may be placed outdoors.
(3)
No more than three items or sets of items of merchandise for sale may be placed outdoors.
(4)
Displays of merchandise must be representative of inventory. Outdoor sales of merchandise is not permitted.
(5)
Displays of merchandise must be incidental to the storefront and not obscure the storefront from view.
(6)
Outdoor display of merchandise commonly sold by gasoline service stations shall be permitted at such businesses.
(7)
Outdoor display of pedal-operated vehicles for rent shall be permitted.
§ 525-52 Floor area ratios.
B.
All dwellings in the C-I, C-2 and RS Zones shall be subject to a maximum floor area ratio of 0.65.
C.
Single-family detached dwellings units in the R-I Zone and semi-detached dwellings in Blocks 1222 and 1223 of the R-3 Zone shall be subject to a maximum floor area ratio of 0.50.
[Amended 6-21-2005 by Ord. No. 37-2005; 6-16-2009 by Ord. No. 183-2009]
D.
The floor area ratio of each dwelling built prior to 1950 shall be the greater of its floor area ratio (on the effective date of this chapter) or the applicable floor area ratio set forth in this section; provided that, in the R-4 Zone, the floor area ratio of each dwelling built prior to 1970 shall be the greater of its floor area ratio (on the effective date of this chapter) or the applicable floor area ratio set forth in this section.
§ 525-53 Nonresidential trailers; fee.
[Amended 3-20-2007 by Ord. No. 93-2007]
Nonresidential trailers, as defined in § 525-4, may be placed on private property on a temporary basis, subject to the following regulations:
A.
No nonresidential trailer shall be placed on private property without a nonresidential trailer permit issued by the Construction Official.
B.
A permit fee of $100 will be paid at time of application for a nonresidential trailer.
C.
Application for a nonresidential trailer permit shall be made to the Construction Official on a form to be issued by the Construction Official and shall include:
(1)
A description of the trailer, including its length, width and height;
(2)
A current survey showing the proposed location of the trailer;
(3)
The purpose of the trailer;
(4)
A description of all plumbing and electrical service to be provided to the trailer, if any;
(5)
A description of the method of anchoring or otherwise securing the trailer;
(6)
Plans for steps or other means of access to the trailer;
(7)
The requested start date and end date for the permit; and
(8)
Any other information as may be required by the Construction Official.
D.
No nonresidential trailer shall be placed less than five feet from any property line, street, sidewalk or public right-of-way.
E.
No nonresidential trailer permit shall be issued prior to issuance of a building permit for the associated construction project.
F.
Nonresidential trailers shall be permitted only during the construction period of properly approved projects. In no event shall a nonresidential trailer remain on private property after the earliest of the following:
G.
No nonresidential trailer shall be permitted in the following zoning districts: R-l, R-2, R-3A, R-4 and RC. Notwithstanding the prohibition contained in this Subsection G, nonresidential trailers in the zoning districts R-1, R-2, R-3A, R-4 and RC may be permitted subject to the regulations contained in this § 525-53 with the prior written approval of the City Manager and Construction Official on a case-by-case basis, which may be granted only to the extent that the placement of such nonresidential trailers would not have an adverse impact on the safety and welfare of the citizens of the City of Cape May, nor an adverse impact on the surrounding properties.
§ 525-54 Roof-mounted solar energy systems.
[Added 4-21-2020 by Ord. No. 391-2020[1]]
A.
Intent.
(1)
The intent of this section is to provide guidance for applicants seeking to install roof-mounted solar energy systems. This section will enable the fulfillment of Objective F of the City's Master Plan with regards to Conservation, which is to maximize the City's energy conservation and energy efficiency to facilitate New Jersey's efforts in achieving its energy goals pursuant to the State Energy Master Plan.
(2)
The City views solar energy favorably in its ability to generate electricity without the use of fossil fuels and to defray costs of energy to ratepayers, thereby contributing to a greener and more sustainable Cape May.
B.
Applicability.
(1)
The regulations contained herein shall apply to solar energy systems intended for the provision of the energy needs of the owner/operator of the system and/or the property on which the solar energy system is situated, and not for the generation of electricity for commercial purposes for resale, except that excess electricity not utilized for the use on the lot whereon said system is located may be introduced into the energy grid for credit under New Jersey's Net Metering and Interconnection Standards pursuant to N.J.A.C. 14:4-9.
(2)
This section shall apply to roof-mounted solar energy systems only.
C.
Approvals.
(1)
All solar energy systems shall require a building permit from the Construction Code Official prior to installation. Prior to issuance of the permit, the application shall be referred to the Historic Preservation Commission for review. Applications for a solar energy system shall include information demonstrating compliance with the provisions of this section.
(2)
Approvals under Subsection D(1) shall apply to solar energy systems intended for use as detailed under § 525-54B(1).
D.
Design standards.
(1)
Solar panels affixed to pitched roofs shall not extend above the ridge or below the eave of the roof.
(2)
In no event shall the rooftop placement of solar panels on a flat roof result in a total height, as defined in § 525-4, greater than 15 inches from the structure's roof height.
(3)
Installations must not interfere with any operation of any fixture protruding from the rooftop level as required by the International Building Code or other applicable codes.
(4)
With the exception of the manufacturer's or installer's identification, appropriate warning signs and owner identification, no signage shall be posted, attached, affixed or otherwise installed on any component of a solar energy system.
(5)
Ground-based interconnection cabinets and other mechanical equipment associated with and necessary for the operation of a solar energy system shall conform with all setback and coverage requirements for accessory structures in the zoning district where they are located. Such cabinets shall not exceed 120 square feet in area nor eight feet in height and shall be equipped with a lock.
(6)
In addition to City approvals required under this chapter, the property owner/installer of the solar energy system must receive approvals from any outside agencies having jurisdiction over such systems prior to the installation.
(7)
Utility notifications and interconnections.
(a)
Solar energy systems that connect to the electric utility shall comply with New Jersey's Net Metering and Interconnection Standards for Class I renewable energy systems pursuant to N.J.A.C. 14:4-9.
(b)
Labeling requirements. The interconnection cabinet of the solar energy system shall be posted with the following:
[1]
A minimum of one "High Voltage" placard shall be posted at or near ground level.
[2]
A second placard shall be posted at or near ground level informing:
[3]
Similar signage shall be placed on the outside of the building, near the electrical meter, where an interconnection cabinet is located on the inside of a structure.
(c)
Utility company notification.
[1]
The Atlantic City Electric Company, its successors and assigns, and/or as designated by state authority, shall be notified, in writing, of any proposed interface to that company's grid prior to installation of a solar energy system and shall conform to any legislated requirements governing installations of solar energy systems so as to comply with the utility tariff specifications.
[2]
Evidence of such notification shall be submitted to the City's Construction Office at time of application.
E.
Construction and installation standards.
(1)
Solar energy systems shall be constructed in accordance with the appropriate sections of the International Building Code, and any future amendments and/or revisions thereto.
(2)
The installation of a solar energy system shall conform to the National Electric Code and shall be subject to, in perpetuity, any and all requirements for interconnection of the Atlantic City Electric Company, its successors and assigns, and/or as designated by state authority.
(3)
Wires and cables at ground level shall be properly installed underground in accordance with the International Building Code.
(4)
Wires and cables on a structure shall be properly installed so as to be treated in as aesthetically pleasing a manner as possible.
F.
G.
No easement created through solar installation.
(1)
The approval of a solar energy system shall not create any actual or inferred solar energy system easement against adjacent property and/or structure.
(2)
The owner/operator of a solar energy system shall not infer or claim any rights to protective writs to any caused shadows or operating ineffectiveness against future development adjacent to, higher than or otherwise impacting the subject solar energy system.
(3)
The approval of any solar energy system granted under this section shall not create any future liability or infer any vested rights to the owner and/or operator of the solar energy system on the part of the City or by any other officer or employee thereof for any future claims against such approval that result from reliance on this section or any administrative decision lawfully made thereunder.
(4)
Applicants pursuing the installation of solar energy systems are encouraged to obtain solar access easements from adjacent properties pursuant to the conditions of N.J.S.A. 46:3-2.