Eagleswood City Zoning Code
ARTICLE XIII
Historical Structures
§ 295-87 Findings and declarations.
The Township of Eagleswood has an unusually large number of structures which retain their original historical character. Properly utilized, managed, maintained and restored, the structures can serve as a unique and valuable resource for the Township of Eagleswood.
Other events occurring in Southern Ocean County, including but not limited to the recent opening and planned expansion of the Baymen's Museum in the Borough of Tuckerton, demonstrate strong recognition of the region's special character and history. Eagleswood Township is in a position to take advantage of this character and tradition by encouraging the continuation and utilization of the unusually high number of historical structures still remaining in Eagleswood Township.
Due to the changes in the commercial and retail industries in the nation as a whole and in Southern Ocean County in particular in the recent past, the business or commercial district in Eagleswood Township, particularly in the downtown area, is in need of support and encouragement as evidenced by the existence of vacant and abandoned commercial and residential properties within the district.
Because of the importance of tourism to the region in general, the anticipated growth of tourism related to the historical features of the area built around Baymen's Museum and the limited adaptability of many of the historical structures in Eagleswood Township to other types of commercial uses as well as the difficulty in bringing those structures into strict compliance with the requirements of the Eagleswood Township Zoning Ordinance, the Township Committee deems it appropriate and beneficial for Eagleswood to afford a certain relief of the terms, conditions and requirements of this chapter. It is hoped that this relief will allow and encourage a commercial use of the historic structures in Eagleswood Township that maintains their historic character.[1]
§ 295-88 Definitions.
As used in this article, the following terms shall have the meanings indicated.
An owner-occupied structure renting individual rooms, two weeks' maximum, to guests and having no cooking facilities directly available for use by the guests, shall constitute a bed-and-breakfast facility. Such structures located in the R-3, C-1, C-2 and C-3 Zones would be permitted as a bed-and-breakfast. The availability of food service in the facility shall not disqualify the facility from this category so long as guests are not provided access to the cooking or food preparation facilities and food is prepared and served by the owner or an employee of the owner.
An owner-occupied structure renting individual rooms, two weeks' maximum, to guests and having no food service shall constitute a guesthouse. Such structures located in the R-3, C-1, C-2 and C-3 Zones would be permitted as a guesthouse.
Shall consist of, but not be limited to, antique, candle, candy, floral, fabric, greeting card and novelty types of establishments.
Shall consist of, but not be limited to, bicycle repair, clock repair, seamstress, shoe repair and other similar services.
Any structure built before 1920 and maintained to an appearance consistent with its original design, including but not limited to the style of siding, windows, roofline, trim and architectural embellishments. Utilization of modern materials such as vinyl siding or construction of additions to the rear of such structures shall not disqualify a structure so long as its appearance is consistent with the purpose and intent of this article as expressed above.
Any porch area, roofed or unroofed, which is not supplied with any form of climate control and has no vertical enclosures other than half walls or railings no higher than 42 inches and, from the top of the half wall to the roof area, has no enclosures other than screens or roll-up sunshades or blinds which could be adjusted or removed to allow free flow of air.[1]
Facilities serving full meals of any sort to customers other than or in addition to customers who are overnight guests of the facility.
Facility in which coffees, teas and other beverages are served to customers other than those who are residing in the facility as overnight guests. Coffee shops and tea rooms may also serve baked goods and dessert-type fare.
§ 295-89 General regulations.
[Amended 12-15-2002 by Ord. No. 2002-14]
An historical structure located in the R-3, C-1, C-2, C-2/V and C-3 Zones of Eagleswood Township that is occupied as a residence or guesthouse by the owner may be utilized as a bed-and-breakfast regardless of the uses otherwise permitted in that zone. Such structures located in the C-1, C-2, C-2/V and C-3 Zones may be also used as restaurants, tap rooms, coffee shops and retail and service establishments, provided that the owner is also occupying the structure as a residence.
§ 295-90 Parking requirements.
Off-street parking.
Bed-and-breakfast or guesthouse shall have one parking space for any on-site owner's apartment. Restaurants, tea rooms or coffee shops shall have one parking space for every four seats, together with one parking space for any on-site owner's apartment. Historical retail and historical service establishments shall provide two parking spaces for the first 400 square feet and an additional one parking space for each additional 400 square feet or part thereof.
Bed-and-breakfast facilities which will serve food only to guests will not be required to have any additional parking spaces, except those required in connection with guest rooms.
Bed-and-breakfasts, which will offer food to the public as well as their guests, will be required to meet the parking requirements for restaurants, tea rooms and coffee shops to the extent that seating capacity exceeds guest room capacity. Owner or employee parking provided in connection with bed-and-breakfast or guesthouse requirements shall also apply toward employee parking for restaurants, tea rooms and coffee shops.
On-street parking. Bed-and-breakfast, guesthouse, restaurants, coffee shops and tea rooms may take credit for on-street parking, provided that: on-street parking credits are available only for spaces actually existing on the street and located on the same side of the street as the facility and between the extended lot lines of the facility and so long as parking in these spaces is not otherwise prohibited by local, county or state parking prohibitions including regulations regarding parking within proximity to an intersection and so long as such spaces do not violate applicable sight triangle standards for road intersections.
§ 295-91 Bulk requirements.
Notwithstanding the bulk requirements otherwise applicable in the zone, the bulk requirements applicable to a bed-and-breakfast, coffee shop, tea room or restaurant which otherwise fits the criteria of this chapter shall be as follows.
Minimum building size: none.
Minimum lot width: 60 feet.
Minimum lot depth: 140 feet.
Minimum lot area: 8,400 feet.
Minimum front yard: 10 feet, with a further provision that an open front porch or stoop may be provided or exist with a five-foot front yard setback for existing structures only.
Minimum rear yard: 30 feet for existing structures only.
Minimum side yard: minimum five feet each side, or at least 10 feet on one side, and a minimum distance between building on adjacent properties of 15 feet for existing structures only.
Maximum of first-floor space only to be used for service and retail establishments, tea rooms or coffee shops.
§ 295-92 Site plan requirements.
Nothing within this provision shall be deemed to eliminate the requirement that any proposal to operate a bed-and-breakfast, coffee shop, guesthouse, historical retail and service establishments, restaurant or tea room apply for site approval to Land Use Board.
In order to encourage such applications, while determining compliance with this article, certain modifications to the site plan requirements shall apply as set forth herein.
Except in the case of a facility which, under the standard of this article, will require a total of 10 or more parking spaces, inclusive of on-street and off-street parking, such application shall be treated as a minor site plan.
The applicant may substitute a plot plan with any existing and proposed site improvement drawings thereon in place of a more formal site plan drawing. An accurate survey of five years or less which must show all existing improvements.
In lieu of paved parking lots, applicants may utilize three-fourths-inch quarry blend stone or equivalent at a six-inch depth to be packed or rolled firmly.
Applicant must provide a paved driveway apron of at least 20 feet from the edge of the paved right-of-way to minimize stone being carried across the apron and into the paved right-of-way. This apron may be constructed from concrete, macadam, cobblestone bricks or brick pavers. The concrete must have a three-and-one-half-inch thickness, three-thousand-pound mix with wire mesh. Cobblestone bricks or brick pavers per manufacturers specifications for vehicular traffic. Macadam: two-inch to three-inch FABC.
Notwithstanding any other requirements to the contrary, one two-way driveway shall be acceptable with a minimum width of nine feet.
In lieu of concrete curbing, the parking lot area may be constructed and delineated using wood curbing, wheelstops or wood barricades. Wood curbing shall have six-by-six timbers treated to 0.40 CCA. Timbers must be anchored in two places with minimum twenty-four-inch rerod or equivalent. Concrete curb stops must be anchored in two places with minimum twenty-four-inch rerod or equivalent.
Soil erosion and sediment control are to be addressed by Ordinance No. 7-76, Chapter 226, Soil Erosion and Sediment Control.
The applicant is to submit interior floor plans. To the extent that a dining room is proposed in the facility, such floor plan shall include seating and table layout. The applicant is also to submit front and side architectural elevations or, in lieu thereof, front and side photographs of the existing structures and to provide a written statement setting forth in detail all proposed changes, if any, in the appearance of the structure with regard to any property falling under the provisions of this article.