Cape May Point City Zoning Code

ARTICLE VI

R-1 Residential Zone

§ 150-11 PERMITTED USES.

[1988 Code § 150-11; Ord. No. 526-06; Ord. No. 568-09]

In residential areas, no building or other structure and no area shall be used, and no building or other structures shall be built, altered or erected to be used, for any purpose other than that of:

One single-family dwelling.

Public park or playground.

Churches, Sunday schools and other places of worship.

Charitable institutions, hospitals and sanatoriums.

Municipal buildings, public library.

Office of a resident professional person.

Home occupations employing no outside help.

Accessory building, provided that when housed in a separate building, other than a private garage, on the lot, no cooking facilities or living quarters shall be installed, and provided further that no permit shall be issued for an accessory building before construction and completion of the main building.

Accessory Apartments; Affordable Housing; Special Permits. It is the specific purpose and intent of this section to allow accessory apartments on parcels of minimum size in conformance with the specific zoning district minimum lot size requirement to provide the opportunity for the development of affordable housing units. It is also the purpose of this limited, special-use provision to allow more efficient use of the Borough's existing stock of dwellings and the Borough's existing stock of accessory buildings, to allow residents the opportunity to remain in large, underutilized houses by virtue of the added income for them from an accessory apartment, allow accessory apartments in new attached and/or detached structures and to protect and preserve property values in the Borough of Cape May Point. No new approvals of special permits for accessory apartments will be issued whenever a total of six special permits have been approved. To help achieve these goals to promote the other objectives of this chapter and of the Master Plan, the following specific standards and limitations are set forth for such accessory apartment use.

Location and Number of Units.

An accessory apartment may be located in the principal building or in an existing permitted accessory building, such as a barn or garage, and may include existing and/or expanded structure construction.

Size.

The minimum floor area for an accessory apartment located within a principal structure shall be 300 square feet, but in no case shall it exceed the gross floor area of the existing principal dwelling on the lot.

For an accessory apartment located in an existing accessory building, the minimum floor area shall be 300 square feet.

Other Requirements.

Exterior appearance. Principal buildings containing an accessory apartment shall have only one front or principal entry to the building, and the accessory apartment shall be located, designed, constructed, and landscaped so as to preserve the appearance of the principal building to the maximum extent feasible and further to enhance and not detract from the character of the principal building and the surrounding neighborhood. An accessory apartment shall have a separate, distinct entry, which does not detract from the character of the principal building.

Approval of utilities. Prior to the issuance of a building permit for the establishment of an accessory apartment in a principal dwelling or the conversion of an existing accessory building to an accessory apartment use, all septic systems and well (if applicable) must be approved by the governing agency.

The occupant must meet the established income limitations for low- and moderate-income households as specified by the rules and regulations of the Council on Affordable Housing (COAH) as N.J.A.C. 5:97 et seq.

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

The accessory apartment must meet the adaptability law at P.L. 2005, c. 350, if applicable.

Rents of accessory apartments shall be affordable to low- and moderate-income households as per COAH regulations.

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

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

The accessory apartment shall have a separate door with direct access to the outdoors.

The accessory apartment shall be affirmatively marketed to the housing region in accordance with COAH regulations and the Uniform Housing Authority Controls at N.J.A.C. 5:80-26.1 et seq.

Administration.

Cape May Point Borough shall designate an administrative entity by municipal resolution to administer the accessory apartment program.

The administrative agency shall administer the accessory apartment program including advertising, income qualifying prospective renters, setting rents and annual rental increases, maintaining a waiting list, distributing the subsidy, overseeing the securing of certificates of occupancy, qualifying properties, handling application forms, oversetting the filing deed restriction, filing monitoring reports and affirmatively marketing the accessory apartment program.

In accordance with COAH requirements, the Borough shall provide at least $20,000.00 for moderate income units (total of $60,000.00) and $25,000.00 (total of $75,000.00) for low income units to subsidize the physical creation of an accessory apartment conforming to the requirements of this section and COAH requirements. Prior to the grant of such subsidy, the property owner shall enter into a written agreement with the Borough insuring that the subsidy shall be used to create the accessory apartment and the apartment shall meet the requirements of this paragraph and COAH regulations.

Applicants for the creation of an accessory apartment shall submit to the administrative agent:

A sketch of floor plans showing the location, size and relationship of both the accessory apartment and the primary dwelling within the building or in another structure;

Rough elevations showing the modification of any exterior building façade to which changes are proposed; and

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

§ 150-12 AREA, YARD AND HEIGHT REGULATIONS.

[1988 Code § 150-12; Ord. No. 467-03 § 2; Ord. No. 475-04; Ord. No. 534-07 § 1; Ord. No. 618-13; Ord. No. 626-13]

A buildable lot is defined as a land parcel of a minimum of 5,000 square feet that is contiguous for a distance of at least 50 feet to at least one public street, road or highway maintained by the Borough, County or State.

No more than 30% of the lot area shall be occupied by the sum total of all buildings or structures on the lot, not including overhangs up to two and one-half (2 1/2) feet in horizontal width. The portion of overhangs, if any, more than two and one-half (2 1/2) feet in horizontal width shall be included in the calculations of the sum total of the area of all buildings and structures on the lot. At least 60% of the lot shall be either left in its natural state or covered in vegetation pursuant to Section 150-21 hereof.

No building, including an open or enclosed porch or accessory building or structure shall be erected or extended nearer than 20 feet from the front property line of any lot except that overhangs and decorative projections shall be permitted to extend two and one-half (2 1/2) feet into the required 20 foot setback. In a block where at least 60% of the lots have been built upon, any new building shall be located so as to provide a front yard at least equal in depth to the average front yard of the existing buildings in the block except that overhangs and decorative projections shall be permitted to extend two and one-half (2 1/2) feet into the required setback. Computations of the percentage of lots that have been built upon shall be determined by considering the lots on the same side of the street and in the same block as the subject property, from corner lot to corner lot of that block. The side yard paralleling the street side of the property on a corner lot shall not be reduced to a width of less than 15 feet from the side street property line except that overhangs and decorative projections shall be permitted to extend two and one-half (2 1/2) feet into the required 15 foot setback. No main building shall be constructed nearer than 20 feet from the rear lot line of the parcel, except that overhangs and decorative projections shall be permitted to exclude two and one-half (2 1/2) feet into the required 20 foot setback. (For garages and accessory buildings see Section 150-29).

There shall be two side yards which yards shall have a width of not less than 15 feet in the aggregate, exclusive of overhangs and decorative projections up to two and one-half (2 1/2) feet in horizontal width per each side yard, the minimum width of either side yard being not less than five feet inclusive of overhangs and decorative projections.

No building or dwelling shall be erected that would have less than 600 square feet of living area on the first floor, which shall be exclusive of any porch, breezeway or garage area when such garage is attached to the building.

No building shall be constructed within 10 feet of any existing building on the same lot or on an adjacent lot, inclusive of overhangs and decorative projections. In the event that enforcement of this paragraph should require construction of a building with more side yard than the 15 feet aggregate for side yards, then the Zoning Officer shall issue a permit that permits construction of a building that is equally distant on each side from the buildings on adjacent lots; provided, however, that the aggregate required setback for side yards shall not exceed nor be less than 15 feet.

No main building shall exceed twenty-seven and one-half (27.5) feet in height from the first-floor level to the highest point in the building, exclusive of chimneys, weather vanes, flag-poles and television antennas. The first floor level shall be constructed at ten (10.00) feet above mean sea level (NAVD 1988). In the event that a property owner cannot comply with the height provision of this chapter and have a two-and-one-half-foot (2 1/2) crawl space below the first-floor level, the property owner may make application for a building with a crawl space not to exceed two and one half (2 1/2) feet above the natural contour. The burden of proof shall be on the property owner to establish clearly and convincingly, with a supporting New Jersey licensed engineer's or surveyor's report, that the contour of the land in question is natural, the result of erosion, weather conditions or other natural conditions and is in no way the result of any action on the part of any person or entity.

For the purposes of paragraphs c and d herein, all building setbacks shall be measured from the nearest projection of the structure to the property line regardless of where said projections are located on the structure.

In order to protect each property from the necessary noise from operating, servicing or otherwise using mechanical equipment associated with any structure, all aboveground storage tanks and all exterior mechanical equipment, including heating units, ventilating units, air-conditioning units and heat pumps (other than individual air-conditioning units) hereafter installed to serve any existing building or structure, or a building or structure to be erected in any zoning district, shall not be located in the front yard, shall be located at least 15 feet from any public right-of-way and at least five feet from any public right-of-way and at least five feet from any side or rear lot line and shall be located as far as reasonably possible from any contiguous lot.

A special barrier-free access shall be permitted to a residential dwelling to exceed the requirements and/or maximum and/or minimum limitations of paragraphs b and d hereinabove, provided that:

The Zoning Official of the Borough be presented with substantiation by way of a doctor's permit and/or certification that at least a single identified individual residing in that dwelling requires special barrier-free access and approval of the Zoning Officer for same.

The special barrier-free access is located and constructed in the least obtrusive manner possible and built in accordance with the Uniform Construction Code.

The proof of continued necessity is renewed each calendar year through the Cape May Point Zoning Official.

The special barrier-free access is removed in its entirety upon the departure from the subject property by the affected individual or individuals identified in the permit or any other cessation of continuous need.

§ 150-13 FLOOR AREA RATIO.

[1988 Code § 150-13]

The floor area ratio is the sum total of the gross floor area of all main buildings and shall not exceed 0.42 of the total area of the lot.

§ 150-14 KEEPING OF ANIMALS.

[1988 Code § 150-14]

No fowl or livestock shall be kept in any building, shelter or runway or on any land. This provision shall not prohibit the keeping of domestic animals such as dogs, cats or other domestic animals customarily housed in a dwelling.

§ 150-15 CONVERSION OF DWELLINGS INTO FAMILY APARTMENTS.

[1988 Code § 150-15; Ord. No. 534-07 § 3]

Owners of large dwellings may convert such dwellings into two or more one-family apartments, but only upon compliance by the owner with the following terms and conditions:

Each such dwelling apartment shall contain at least two rooms and, in addition, a bathroom and kitchen or cooking area.

Each room of such dwelling apartment shall be of reasonable size for the use intended and shall have adequate light and air from the outside.

Each such dwelling apartment shall have safe, adequate and convenient means of access and egress.

There shall be an open area on the lot of 1,000 square feet per apartment.

Such conversions are encouraged to preserve the borough's older, historically or architecturally significant buildings. Therefore, the following shall be required:

Wherever any exterior change is proposed, the plans submitted shall indicate how the architectural style of the structure is to be maintained.

No approvals shall be given where the historical or architectural significance of such structure will be materially altered or changed.

No such original dwelling shall be converted into dwelling apartments and no construction work for that purpose shall be undertaken and no permit therefor shall be issued unless and until complete plans (drawn to scale) and specifications for the conversion of such dwelling into dwelling apartments shall have been submitted to and approved by the Planning Board as a conditional use and as being in conformity with the terms and conditions of this section.

The plans and specifications for the conversion of any such dwelling into dwelling apartments and all work done for that purpose shall conform to reasonable and proper standards of sanitation, safety and privacy.

For the purpose of constructing and applying the provisions of this section for the conversion of large dwellings into one-family dwelling apartments, a dwelling which is in existence on the effective date of this Section 150-15, paragraphs a through d as adopted on September 3, 1974 and which on said date contained more than three bedrooms shall be deemed to be a large dwelling.

All utility service connections to all new construction or, substantial improvement as defined in Article II of Chapter 90, Flood and Storm Zones, shall be underground.

Cape May Point City Zoning Code

ARTICLE VI

R-1 Residential Zone

§ 150-11 PERMITTED USES.

[1988 Code § 150-11; Ord. No. 526-06; Ord. No. 568-09]

In residential areas, no building or other structure and no area shall be used, and no building or other structures shall be built, altered or erected to be used, for any purpose other than that of:

One single-family dwelling.

Public park or playground.

Churches, Sunday schools and other places of worship.

Charitable institutions, hospitals and sanatoriums.

Municipal buildings, public library.

Office of a resident professional person.

Home occupations employing no outside help.

Accessory building, provided that when housed in a separate building, other than a private garage, on the lot, no cooking facilities or living quarters shall be installed, and provided further that no permit shall be issued for an accessory building before construction and completion of the main building.

Accessory Apartments; Affordable Housing; Special Permits. It is the specific purpose and intent of this section to allow accessory apartments on parcels of minimum size in conformance with the specific zoning district minimum lot size requirement to provide the opportunity for the development of affordable housing units. It is also the purpose of this limited, special-use provision to allow more efficient use of the Borough's existing stock of dwellings and the Borough's existing stock of accessory buildings, to allow residents the opportunity to remain in large, underutilized houses by virtue of the added income for them from an accessory apartment, allow accessory apartments in new attached and/or detached structures and to protect and preserve property values in the Borough of Cape May Point. No new approvals of special permits for accessory apartments will be issued whenever a total of six special permits have been approved. To help achieve these goals to promote the other objectives of this chapter and of the Master Plan, the following specific standards and limitations are set forth for such accessory apartment use.

Location and Number of Units.

An accessory apartment may be located in the principal building or in an existing permitted accessory building, such as a barn or garage, and may include existing and/or expanded structure construction.

Size.

The minimum floor area for an accessory apartment located within a principal structure shall be 300 square feet, but in no case shall it exceed the gross floor area of the existing principal dwelling on the lot.

For an accessory apartment located in an existing accessory building, the minimum floor area shall be 300 square feet.

Other Requirements.

Exterior appearance. Principal buildings containing an accessory apartment shall have only one front or principal entry to the building, and the accessory apartment shall be located, designed, constructed, and landscaped so as to preserve the appearance of the principal building to the maximum extent feasible and further to enhance and not detract from the character of the principal building and the surrounding neighborhood. An accessory apartment shall have a separate, distinct entry, which does not detract from the character of the principal building.

Approval of utilities. Prior to the issuance of a building permit for the establishment of an accessory apartment in a principal dwelling or the conversion of an existing accessory building to an accessory apartment use, all septic systems and well (if applicable) must be approved by the governing agency.

The occupant must meet the established income limitations for low- and moderate-income households as specified by the rules and regulations of the Council on Affordable Housing (COAH) as N.J.A.C. 5:97 et seq.

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

The accessory apartment must meet the adaptability law at P.L. 2005, c. 350, if applicable.

Rents of accessory apartments shall be affordable to low- and moderate-income households as per COAH regulations.

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

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

The accessory apartment shall have a separate door with direct access to the outdoors.

The accessory apartment shall be affirmatively marketed to the housing region in accordance with COAH regulations and the Uniform Housing Authority Controls at N.J.A.C. 5:80-26.1 et seq.

Administration.

Cape May Point Borough shall designate an administrative entity by municipal resolution to administer the accessory apartment program.

The administrative agency shall administer the accessory apartment program including advertising, income qualifying prospective renters, setting rents and annual rental increases, maintaining a waiting list, distributing the subsidy, overseeing the securing of certificates of occupancy, qualifying properties, handling application forms, oversetting the filing deed restriction, filing monitoring reports and affirmatively marketing the accessory apartment program.

In accordance with COAH requirements, the Borough shall provide at least $20,000.00 for moderate income units (total of $60,000.00) and $25,000.00 (total of $75,000.00) for low income units to subsidize the physical creation of an accessory apartment conforming to the requirements of this section and COAH requirements. Prior to the grant of such subsidy, the property owner shall enter into a written agreement with the Borough insuring that the subsidy shall be used to create the accessory apartment and the apartment shall meet the requirements of this paragraph and COAH regulations.

Applicants for the creation of an accessory apartment shall submit to the administrative agent:

A sketch of floor plans showing the location, size and relationship of both the accessory apartment and the primary dwelling within the building or in another structure;

Rough elevations showing the modification of any exterior building façade to which changes are proposed; and

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

§ 150-12 AREA, YARD AND HEIGHT REGULATIONS.

[1988 Code § 150-12; Ord. No. 467-03 § 2; Ord. No. 475-04; Ord. No. 534-07 § 1; Ord. No. 618-13; Ord. No. 626-13]

A buildable lot is defined as a land parcel of a minimum of 5,000 square feet that is contiguous for a distance of at least 50 feet to at least one public street, road or highway maintained by the Borough, County or State.

No more than 30% of the lot area shall be occupied by the sum total of all buildings or structures on the lot, not including overhangs up to two and one-half (2 1/2) feet in horizontal width. The portion of overhangs, if any, more than two and one-half (2 1/2) feet in horizontal width shall be included in the calculations of the sum total of the area of all buildings and structures on the lot. At least 60% of the lot shall be either left in its natural state or covered in vegetation pursuant to Section 150-21 hereof.

No building, including an open or enclosed porch or accessory building or structure shall be erected or extended nearer than 20 feet from the front property line of any lot except that overhangs and decorative projections shall be permitted to extend two and one-half (2 1/2) feet into the required 20 foot setback. In a block where at least 60% of the lots have been built upon, any new building shall be located so as to provide a front yard at least equal in depth to the average front yard of the existing buildings in the block except that overhangs and decorative projections shall be permitted to extend two and one-half (2 1/2) feet into the required setback. Computations of the percentage of lots that have been built upon shall be determined by considering the lots on the same side of the street and in the same block as the subject property, from corner lot to corner lot of that block. The side yard paralleling the street side of the property on a corner lot shall not be reduced to a width of less than 15 feet from the side street property line except that overhangs and decorative projections shall be permitted to extend two and one-half (2 1/2) feet into the required 15 foot setback. No main building shall be constructed nearer than 20 feet from the rear lot line of the parcel, except that overhangs and decorative projections shall be permitted to exclude two and one-half (2 1/2) feet into the required 20 foot setback. (For garages and accessory buildings see Section 150-29).

There shall be two side yards which yards shall have a width of not less than 15 feet in the aggregate, exclusive of overhangs and decorative projections up to two and one-half (2 1/2) feet in horizontal width per each side yard, the minimum width of either side yard being not less than five feet inclusive of overhangs and decorative projections.

No building or dwelling shall be erected that would have less than 600 square feet of living area on the first floor, which shall be exclusive of any porch, breezeway or garage area when such garage is attached to the building.

No building shall be constructed within 10 feet of any existing building on the same lot or on an adjacent lot, inclusive of overhangs and decorative projections. In the event that enforcement of this paragraph should require construction of a building with more side yard than the 15 feet aggregate for side yards, then the Zoning Officer shall issue a permit that permits construction of a building that is equally distant on each side from the buildings on adjacent lots; provided, however, that the aggregate required setback for side yards shall not exceed nor be less than 15 feet.

No main building shall exceed twenty-seven and one-half (27.5) feet in height from the first-floor level to the highest point in the building, exclusive of chimneys, weather vanes, flag-poles and television antennas. The first floor level shall be constructed at ten (10.00) feet above mean sea level (NAVD 1988). In the event that a property owner cannot comply with the height provision of this chapter and have a two-and-one-half-foot (2 1/2) crawl space below the first-floor level, the property owner may make application for a building with a crawl space not to exceed two and one half (2 1/2) feet above the natural contour. The burden of proof shall be on the property owner to establish clearly and convincingly, with a supporting New Jersey licensed engineer's or surveyor's report, that the contour of the land in question is natural, the result of erosion, weather conditions or other natural conditions and is in no way the result of any action on the part of any person or entity.

For the purposes of paragraphs c and d herein, all building setbacks shall be measured from the nearest projection of the structure to the property line regardless of where said projections are located on the structure.

In order to protect each property from the necessary noise from operating, servicing or otherwise using mechanical equipment associated with any structure, all aboveground storage tanks and all exterior mechanical equipment, including heating units, ventilating units, air-conditioning units and heat pumps (other than individual air-conditioning units) hereafter installed to serve any existing building or structure, or a building or structure to be erected in any zoning district, shall not be located in the front yard, shall be located at least 15 feet from any public right-of-way and at least five feet from any public right-of-way and at least five feet from any side or rear lot line and shall be located as far as reasonably possible from any contiguous lot.

A special barrier-free access shall be permitted to a residential dwelling to exceed the requirements and/or maximum and/or minimum limitations of paragraphs b and d hereinabove, provided that:

The Zoning Official of the Borough be presented with substantiation by way of a doctor's permit and/or certification that at least a single identified individual residing in that dwelling requires special barrier-free access and approval of the Zoning Officer for same.

The special barrier-free access is located and constructed in the least obtrusive manner possible and built in accordance with the Uniform Construction Code.

The proof of continued necessity is renewed each calendar year through the Cape May Point Zoning Official.

The special barrier-free access is removed in its entirety upon the departure from the subject property by the affected individual or individuals identified in the permit or any other cessation of continuous need.

§ 150-13 FLOOR AREA RATIO.

[1988 Code § 150-13]

The floor area ratio is the sum total of the gross floor area of all main buildings and shall not exceed 0.42 of the total area of the lot.

§ 150-14 KEEPING OF ANIMALS.

[1988 Code § 150-14]

No fowl or livestock shall be kept in any building, shelter or runway or on any land. This provision shall not prohibit the keeping of domestic animals such as dogs, cats or other domestic animals customarily housed in a dwelling.

§ 150-15 CONVERSION OF DWELLINGS INTO FAMILY APARTMENTS.

[1988 Code § 150-15; Ord. No. 534-07 § 3]

Owners of large dwellings may convert such dwellings into two or more one-family apartments, but only upon compliance by the owner with the following terms and conditions:

Each such dwelling apartment shall contain at least two rooms and, in addition, a bathroom and kitchen or cooking area.

Each room of such dwelling apartment shall be of reasonable size for the use intended and shall have adequate light and air from the outside.

Each such dwelling apartment shall have safe, adequate and convenient means of access and egress.

There shall be an open area on the lot of 1,000 square feet per apartment.

Such conversions are encouraged to preserve the borough's older, historically or architecturally significant buildings. Therefore, the following shall be required:

Wherever any exterior change is proposed, the plans submitted shall indicate how the architectural style of the structure is to be maintained.

No approvals shall be given where the historical or architectural significance of such structure will be materially altered or changed.

No such original dwelling shall be converted into dwelling apartments and no construction work for that purpose shall be undertaken and no permit therefor shall be issued unless and until complete plans (drawn to scale) and specifications for the conversion of such dwelling into dwelling apartments shall have been submitted to and approved by the Planning Board as a conditional use and as being in conformity with the terms and conditions of this section.

The plans and specifications for the conversion of any such dwelling into dwelling apartments and all work done for that purpose shall conform to reasonable and proper standards of sanitation, safety and privacy.

For the purpose of constructing and applying the provisions of this section for the conversion of large dwellings into one-family dwelling apartments, a dwelling which is in existence on the effective date of this Section 150-15, paragraphs a through d as adopted on September 3, 1974 and which on said date contained more than three bedrooms shall be deemed to be a large dwelling.

All utility service connections to all new construction or, substantial improvement as defined in Article II of Chapter 90, Flood and Storm Zones, shall be underground.