Long Beach Township
City Zoning Code
City Zoning Code
ARTICLE IV
District Regulations
§ 205-51 R-10 Single-Family Residential Zone.
[Amended 4-3-1981 by Ord. No. 81-5; 5-15-1981 by Ord. No. 81-8C; 2-18-1983 by Ord. No. 83-2C; 10-2-1987 by Ord. No. 87-31C; 11-4-1994 by Ord. No. 94-38C; 4-21-1995 by Ord. No. 95-12C; 6-28-1996 by Ord. No. 96-12C; 7-18-1997 by Ord. No. 97-16C; 5-2-2016 by Ord. No. 16-17C; 5-9-2023 by Ord. No. 23-16C; 8-7-2023 by Ord. No. 23-19C; 3-4-2024 by Ord. No. 24-04C]
A.
Uses and buildings permitted shall be as follows:
(1)
Single-family detached dwellings.
(2)
Churches and other places of worship and Sunday school buildings and parish houses.
(3)
Public and parochial schools.
(4)
Public museums and libraries.
(5)
Public utilities structures, but not including storage and maintenance uses and garages.
(6)
Home occupations.
(7)
Municipal recreational facilities, buildings and grounds.
(8)
Home professional offices.
(9)
Administration offices and model homes where a development of 20 or more homes may be built, provided that the activity conducted therein is limited to the development and is removed upon completion of the project.
(10)
Private garages.
(11)
Accessory uses or buildings.
(12)
Nonprofit community or neighborhood boat docks or slips, by conditional use permit, provided that the following standards and conditions are complied with:
(a)
A set of plans, specifications and plot plans is submitted to the appropriate Board showing all structures within 200 feet, parking areas and driveways for ingress and egress.
(b)
Nothing shall be offered for sale other than space.
(c)
Lifting devices for launching and recovering boats shall not exceed a capacity of two tons.
(d)
Furthermore, the granting of such conditional use permit shall not be detrimental to the health, safety and general welfare of the community and shall be reasonably necessary for the convenience of the community in the judgment of the appropriate Board. The appropriate Board shall then decide the matter in accordance with the procedure for the issuance of conditional use permits in § 205-57A.
B.
Area and yard requirements.
(1)
In the R-10 District, no building or structure shall be erected on a lot less than 10,000 square feet in area. Such lots shall have a minimum width and a minimum depth of 75 feet, except that oceanfront lots shall have a minimum lot frontage of 100 feet on the ocean and shall abut upon a street or be accessible by a private road or easement and shall have the required frontage upon a street or easement. In the computation of such areas, dimensions and frontages, neither public streets nor portion of a street or easement shall be included.
(2)
No building shall be closer than 25 feet to the street line or easement line, including both streets of a corner lot or existing setback.
(3)
Every principal building shall be provided with two side yards totaling 30 feet in width, the minimum width of one side yard being not less than 10 feet and further provided that there shall be at least 30 feet between two adjacent houses.
(4)
No principal building shall be closer than 25 feet to any rear lot line.
(5)
No accessory building shall be closer than eight feet to any side or rear lot line, and no accessory structure, except for pool filters, air-conditioning units or outside shower facilities, shall be less than five feet from an adjacent structure on the same lot.
(6)
All buildings, including accessory buildings, shall not cover more than 25% of the lot.
(7)
The prohibition in this section against the inclusion of lot areas burdened by easements shall not prohibit the inclusion of that portion of any oceanfront lot burdened by an easement acquired through negotiation or condemnation pursuant to an agreement reached between the Township of Long Beach and the State of New Jersey Department of Environmental Protection as memorialized in Resolution No. 95-0915.03 adopted by the Board of Commissioners of the Township of Long Beach at a regular meeting held Friday, September 15, 1995.
C.
Minimum floor area of residential buildings. In order to ensure a reasonable ratio of open yard area and enclosed living space to provide for the health, safety and welfare of residents and further to preserve property values and promote purposes of zoning, every new dwelling unit shall have a minimum living space on the first floor of nine square feet for every 100 square feet of lot area, up to the first 10,000 square feet of lot, said living space to be exclusive of porches, garages and accessory structures. Multistory dwellings shall have a minimum total floor area of 14 square feet for every 100 square feet up to the first 10,000 square feet of lot, said living space to be exclusive of porches, garages and accessory structures.
D.
Off-street parking requirements. There shall be provided at the time of erection or enlargement of any principal building or structure, where the enlargement is considered a substantial improvement, the following minimum off-street parking spaces with adequate provision for ingress and egress. All off-street parking spaces shall be proposed on survey as a condition of zoning approval. All off-street parking shall be located outside of the public rights-of-way and easements.
(1)
The minimum off-street parking spaces required is governed by the size of each dwelling unit at the property as set forth below and as calculated for tax assessment purposes, each off-street parking space shall be a minimum of 18 feet by nine feet and a two-car or larger garage shall count as a maximum of one off-street parking space towards the minimum requirement.
(2)
One space for each five seats provided in churches and other public auditoriums.
(3)
One space for each five seats provided in a school auditorium or 1 1/2 spaces for each staff and faculty member, whichever requirement is greater.
(4)
For home occupations, two additional spaces over and above the minimum number of spaces required by Subsection D(1) above.
(5)
One space for each employee, plus an additional three spaces for clients or patients for all home professional offices in addition to the spaces required by Subsection D(1) above.
(6)
No stacked off-street parking (back-to-back with one direction of ingress and egress) shall count towards the above parking requirements, except where there is a garage stacked parking of one vehicle in the driveway for any size garage shall be permitted. No more than one vehicle for any size garage shall be counted against the minimum off-street parking requirements.
§ 205-52 R-10E Single-Family Residential Zone.
A.
Uses and buildings permitted shall be as follows:
[Amended 7-18-1997 by Ord. No. 97-16C]
(1)
Single-family detached dwellings.
(2)
Churches and other places of worship and Sunday school buildings and parish houses.
(3)
Public and parochial schools.
(4)
Public museums and libraries.
(5)
Public utilities structures, but not including storage and maintenance uses and garages.
(6)
Home occupations.
(7)
Municipal recreational facilities, buildings and grounds.
(8)
Home professional offices.
(9)
Administration offices and model homes where a development of 20 or more homes may be built, provided that the activity conducted therein is limited to the development and is removed upon completion of the project.
(10)
Private garages.
(11)
Accessory uses or buildings.
(12)
Nonprofit community or neighborhood boat docks or slips, by conditional use permit, provided that the following standards and conditions are complied with:
(a)
A set of plans, specifications and plot plans is submitted to the appropriate Board showing all structures within 200 feet, parking areas and driveways for ingress and egress.
(b)
Nothing shall be offered for sale other than space.
(c)
Lifting devices for launching and recovering boats shall not exceed a capacity of two tons.
(d)
Furthermore, the granting of such conditional use permit shall not be detrimental to the health, safety and general welfare of the community and shall be reasonably necessary for the convenience of the community in the judgment of the appropriate Board. The appropriate Board shall then decide the matter in accordance with the procedure for the issuance of conditional use permits in § 205-57A.
B.
Prohibited uses and buildings. Any uses or buildings not permitted by Subsection A are hereby prohibited.
C.
Area and yard requirements.
(1)
No building or structure shall be erected on a lot of less than 10,000 square feet in area. Each lot shall have a minimum width and a minimum depth of 75 feet, except for oceanfront lots which shall have a minimum of 100 feet on the ocean and shall abut upon a street or be accessible by a private road or easement. Of the 10,000 minimum square feet lot area, a portion of that area may be burdened by either a public or private easement, but the area so burdened shall not exceed 2,000 square feet.
[Amended 5-15-1981 by Ord. No. 81-8C; 3-26-1999 by Ord. No. 99-8C]
(2)
No principal or accessory building shall be closer than 20 feet to the street or easement line, including both streets of a corner lot or existing setback factor.
(3)
Every principal building shall be provided with two side yards totaling 30 feet in width, the minimum width of one side yard being not less than 10 feet; provided, further, that there shall be at least 30 feet between two adjacent houses.
(4)
No principal building shall be closer than 20 feet to an rear lot line.
(5)
No accessory building shall be closer than eight feet to any side or rear lot line, and no accessory structure, except pool filters, air-conditioning units or outside shower facilities shall be less than five feet from an adjacent structure on the same lot.
[Amended 2-18-1983 by Ord. No. 83-2C; 11-4-1994 by Ord. No. 94-38C; 4-21-1995 by Ord. No. 95-12C]
(6)
All buildings, including accessory buildings, shall not cover more than 25% of the lot.
D.
Minimum floor area of residential buildings. In order to ensure a reasonable ratio of open yard area and enclosed living space to provide for the health, safety and welfare of residents and further to preserve property values and promote purposes of zoning, every new dwelling unit shall have a minimum living space on the first floor of nine square feet for every 100 square feet of lot area, up to the first 10,000 square feet of lot, said living space to be exclusive of porches, garages and accessory structures. Multistory dwellings shall have a minimum total floor area of 14 square feet for every 100 square feet up to the first 10,000 square feet of lot, said living space to be exclusive of porches, garages and accessory structures.
§ 205-53 R-75 Single-Family Residential Zone.
A.
Uses and buildings permitted shall be as follows:
[Amended 7-18-1997 by Ord. No. 97-16C]
(1)
Single-family detached dwellings.
(2)
Churches and other places of worship and Sunday school buildings and parish houses.
(3)
Public and parochial schools.
(4)
Public museums and libraries.
(5)
Public utilities structures, but not including storage and maintenance uses and garages.
(6)
Home occupations.
(7)
Municipal recreational facilities, buildings and grounds.
(8)
Home professional offices.
(9)
Administration offices and model homes where a development of 20 or more homes may be built, provided that the activity conducted therein is limited to the development and is removed upon completion of the project.
(10)
Private garages.
(11)
Accessory uses or buildings.
(12)
Nonprofit community or neighborhood boat docks or slips, by conditional use permit, provided that the following standards and conditions are complied with:
(a)
A set of plans, specifications and plot plans is submitted to the appropriate Board showing all structures within 200 feet, parking areas and driveways for ingress and egress.
(b)
Nothing shall be offered for sale other than space.
(c)
Lifting devices for launching and recovering boats shall not exceed a capacity of two tons.
(d)
Furthermore, the granting of such conditional use permit shall not be detrimental to the health, safety and general welfare of the community and shall be reasonably necessary for the convenience of the community in the judgment of the appropriate Board. The appropriate Board shall then decide the matter in accordance with the procedure for the issuance of conditional use permits in § 205-57A.
C.
Area and yard requirements.
(1)
Every lot in an R-75 District shall have a minimum width of 75 feet, a minimum depth of 100 feet and a minimum area of 7,500 square feet.
(2)
A minimum front yard of 25 feet shall be provided.
(3)
Each principal building shall be provided with two side yards totaling 25 feet in width, the minimum width of one side yard shall not be less than 10 feet, and further there shall be 25 feet between two adjacent primary structures.
[Amended 3-19-1982 by Ord. No. 82-6C; 2-18-1983 by Ord. No. 83-2C]
(4)
No principal building shall be closer than 25 feet to any rear lot line.
(5)
No accessory building shall be closer than five feet to any side or rear lot line, and no accessory structure, except pool filters, air-conditioning units or outside shower facilities, shall be less than five feet from an adjacent structure on the same lot.
[Amended 3-19-1982 by Ord. No. 82-6C; 2-18-1983 by Ord. No. 83-2C; 11-4-1994 by Ord. No. 94-38C; 4-21-1995 by Ord. No. 95-12C]
(6)
On corner lots the minimum side yard adjacent to a street or easement line shall be 15 feet.
(7)
All buildings, including single-story accessory buildings, shall not cover more than 33 1/3 percent of the lot.
[Amended 9-5-1986 by Ord. No. 86-20C; 3-26-1999 by Ord. No. 99-8C]
D.
Minimum floor area of residential buildings. In order to ensure a reasonable ratio of open yard area and enclosed living space to provide for the health, safety and welfare of residents and further to preserve property values and promote purposes of zoning, every new dwelling unit shall have a minimum living space on the first floor of 10 square feet for every 100 square feet of lot area, up the first 7,500 square feet of lot, said living space to be exclusive of porches, garages and accessory structures. Multistory dwellings shall have a minimum total floor area of 14 square feet for every 100 square feet up to the first 10,000 square feet of lot, said living space to be exclusive of porches, garages and accessory structures.
[Amended 2-15-1980 by Ord. No. 80-6C]
§ 205-54 R-6 Single-Family Residential Zone.
A.
Uses and buildings permitted.
[Amended 7-18-1997 by Ord. No. 97-16C]
(1)
Single-family detached dwellings.
(2)
Churches and other places of worship and Sunday school buildings and parish houses.
(3)
Public and parochial schools.
(4)
Public museums and libraries.
(5)
Public utilities structures, but not including storage and maintenance uses and garages.
(6)
Home occupations.
(7)
Municipal recreational facilities, buildings and grounds.
(8)
Home professional offices.
(9)
Administration offices and model homes where a development of 20 or more homes may be built, provided that the activity conducted therein is limited to the development and is removed upon completion of the project.
(10)
Private garages.
(11)
Accessory uses or buildings.
(12)
Nonprofit community or neighborhood boat docks or slips, by conditional use permit, provided that the following standards and conditions are complied with:
(a)
A set of plans, specifications and plot plans is submitted to the appropriate Board showing all structures within 200 feet, parking areas and driveways for ingress and egress.
(b)
Nothing shall be offered for sale other than space.
(c)
Lifting devices for launching and recovering boats shall not exceed a capacity of two tons.
(d)
Furthermore, the granting of such conditional use permit shall not be detrimental to the health, safety and general welfare of the community and shall be reasonably necessary for the convenience of the community in the judgment of the appropriate Board. The appropriate Board shall then decide the matter in accordance with the procedure for the issuance of conditional use permits in § 205-57A.
B.
Prohibited uses and buildings. Any uses or buildings not permitted by Subsection A are hereby prohibited.
C.
Area and yard requirements.
(1)
Every lot in an R-6 District shall have a minimum width of 60 feet at the street line, a minimum depth of 100 feet and a minimum area of 6,000 square feet.
(2)
A minimum front yard of 25 feet shall be provided.
(3)
Each principal building shall be provided with two side yards totaling 15 feet in width, the minimum width of one side yard being not less than four feet; and provided, further, that there shall be at least 15 feet between two adjacent houses; and provided, further, the other side yard must have a minimum of nine feet to provide for a driveway.
[Amended 2-18-1983 by Ord. No. 83-2C; 11-4-1994 by Ord. No. 94-38C; 2-7-2014 by Ord. No. 14-03C]
(4)
No principal building shall be closer than 25 feet to any rear lot line.
(5)
Each principal building shall be provided with a rear yard as follows:
[Amended 2-18-1983 by Ord. No. 83-2C; 11-4-1994 by Ord. No. 94-38C; 4-21-1995 by Ord. No. 95-12C; 3-6-2017 by Ord. No. 17-06C]
(a)
No principal building on a lot with a lot depth of less than and up to and including 75 feet shall be closer than 10 feet to any rear lot line.
(b)
No principal building on a lot with a lot depth of more than 75 feet and up to and including 80 feet shall be closer than 15 feet to any rear lot line.
(c)
No principal building on a lot with a lot depth of more than 80 feet shall be closer than 25 feet to any rear lot line.
[Amended 11-5-2018 by Ord. No. 18-31C]
(6)
On corner lots the minimum side yard adjacent to a street line shall be 15 feet.
(7)
All buildings, including single-story accessory buildings, shall not cover more than 33 1/3% of the lot.
[Amended 9-5-1986 by Ord. No. 86-20C; 3-26-1999 by Ord. No. 99-8C]
D.
Minimum floor area of residential buildings. In order to ensure a reasonable ratio of open yard area and enclosed living space to provide for the health, safety and welfare of residents and further to preserve property values and promote purposes of zoning, every new dwelling unit shall have minimum living space on the first floor of 12 square feet for every 100 square feet up to the first 6,000 square feet of lot, said living space to be exclusive of porches, garages and accessory structures. Multistory dwellings shall have a minimum total floor area of 14 square feet for every 100 square feet up to the first 10,000 square feet of lot, said living space to be exclusive of porches, garages and accessory structures.
[Amended 2-15-1980 by Ord. No. 80-6C]
§ 205-55 R-50 General Residential Zone.
A.
Uses and buildings permitted shall be as follows:
[Amended 7-18-1997 by Ord. No. 97-16C]
(1)
Single-family detached dwellings.
(2)
Churches and other places of worship and Sunday school buildings and parish houses.
(3)
Public and parochial schools.
(4)
Public museums and libraries.
(5)
Public utilities structures, but not including storage and maintenance uses and garages.
(6)
Home occupations.
(7)
Municipal recreational facilities, buildings and grounds.
(8)
Home professional offices.
(9)
Administration offices and model homes where a development of 20 or more homes may be built, provided that the activity conducted therein is limited to the development and is removed upon completion of the project.
(10)
Private garages.
(11)
Accessory uses or buildings.
(12)
Nonprofit community or neighborhood boat docks or slips, by conditional use permit, provided that the following standards and conditions are complied with:
(a)
A set of plans, specifications and plot plans is submitted to the appropriate Board showing all structures within 200 feet, parking areas and driveways for ingress and egress.
(b)
Nothing shall be offered for sale other than space.
(c)
Lifting devices for launching and recovering boats shall not exceed a capacity of two tons.
(d)
Furthermore, the granting of such conditional use permit shall not be detrimental to the health, safety and general welfare of the community and shall be reasonably necessary for the convenience of the community in the judgment of the appropriate Board. The appropriate Board shall then decide the matter in accordance with the procedure for the issuance of conditional use permits in § 205-57A.[1]
[1]
Editor's Note: Former Subsection (b), two-family dwellings, which immediately followed this subsection, was deleted 10-16-1987 by Ord. No. 87-32C.
(13)
Buildings used exclusively by the federal, state, county or local municipal government for public purposes.
(14)
Public structures, including storage and maintenance uses and garages subject to the approval by the appropriate Board.
C.
Area and yard requirements. Every lot in the R-50 District shall comply with the following requirements:
[Amended 10-16-1987 by Ord. No. 87-32C]
(1)
Subject to Subsection C(2) below, residential lots shall have a minimum lot area of 5,000 square feet and a minimum width of 50 feet at the street line or on the ocean or bay.
(2)
Lots on blocks between streets.
(a)
On existing blocks between dedicated and accepted streets, residential lots shall have a minimum lot width of 50 feet at the street line or on the ocean or bay and a minimum lot depth of 1/2 of the block width, and the minimum lot area shall be based and computed upon the following formula; provided, however, that in any event, no lot shall be less than 4,500 square feet:
[Amended 4-4-1980 by Ord No. 80-13C; 4-20-1984 by Ord. No. 84-8C]
Block width | |||
|---|---|---|---|
Formula: | x 50 = Minimum Lot Area | ||
2 | |||
NOTE: In order to meet the minimum lot area and be consistent with the minimum lot depth, the minimum lot width may necessarily have to exceed 50 feet at the street line or on the ocean or bay. | |||
(b)
Where the rear property line of a lot is not the median line of the block, the lot area shall be not less than 5,000 square feet.
[Added 7-4-1980 by Ord. No. 80-22C]
(3)
No principal or accessory structure shall be closer than 20 feet to the street line, except that a corner lot may have a minimum setback of 15 feet on one side to the street line.
[Amended 2-15-1980 by Ord. No. 80-6C]
(4)
Each principal building shall be provided with two side yards totaling 15 feet in width, the minimum width of one side yard being not less than four feet; and provided, further, that there shall be at least 15 feet between two adjacent houses; and provided, further, the other side yard must have a minimum of nine feet to provide for a driveway.
[Amended 2-15-1980 by Ord. No. 80-6C; 2-7-2014 by Ord. No. 14-03C]
(5)
Each principal building shall be provided with a rear yard as follows:
[Amended 2-15-1980 by Ord. No. 80-6C; 8-15-1986 by Ord. No. 86-18C; 3-6-2017 by Ord. No. 17-06C]
(a)
No principal building on a lot with a lot depth of less than and up to and including 75 feet shall be closer than 10 feet to any rear lot line.
(b)
No principal building on a lot with a lot depth of more than 75 feet and up to and including 80 feet shall be closer than 15 feet to any rear lot line.
(c)
No principal building on a lot with a lot depth of more than 80 feet shall be closer than 20 feet to any rear lot line.
(6)
No accessory building shall be closer than four feet to any side or rear lot line, and no accessory structure, except pool filters, air-conditioning units or outside shower facilities, shall be less than five feet from an adjacent structure on the same lot.
[Amended 2-15-1980 by Ord. No. 80-6C; 2-18-1983 by Ord. No. 83-2C; 11-4-1994 by Ord. No. 94-38C; 4-21-1995 by Ord. No. 95-12C]
(7)
All buildings, including single-story accessory buildings, shall not cover more than 33 1/3% of the lot. [2]
[Amended 9-5-1986 by Ord. No. 86-20C; 3-26-1999 by Ord. No. 99-8C]
[2]
Editor's Note: Former Section 18-9.4, Area and yard requirements for two-family dwellings, which immediately followed this subsection, amended 2-18-1983 by Ord. No. 83-2C, was deleted 10-6-1987 by Ord. No. 87-32C.
D.
Minimum floor area of residential buildings. In order to ensure a reasonable ratio of open yard area and enclosed living space to provide for the health, safety and welfare or residents and further to preserve property values and promote purposes of zoning, every new dwelling unit shall have a minimum living space on the first floor of 19 square feet for every 100 square feet up to the first 3,750 square feet of lot, said living space to be exclusive of porches, garages and accessory structures. Multistory dwellings shall have a minimum total floor area of 14 square feet for every 100 square feet up to the first 10,000 square feet of lot, said living space to be exclusive of porches, garages and accessory structures.
[Amended 2-15-1980 by Ord. No. 80-6C]
§ 205-56 R-50A Single-Family Residential Zone.
A.
Uses and buildings permitted shall be as follows:
[Amended 7-18-1997 by Ord. No. 97-16C]
(1)
Single-family detached dwellings.
(2)
Churches and other places of worship and Sunday school buildings and parish houses.
(3)
Public and parochial schools.
(4)
Public museums and libraries.
(5)
Public utilities structures, but not including storage and maintenance uses and garages.
(6)
Home occupations.
(7)
Municipal recreational facilities, buildings and grounds.
(8)
Home professional offices.
(9)
Administration offices and model homes where a development of 20 or more homes may be built, provided that the activity conducted therein is limited to the development and is removed upon completion of the project.
(10)
Private garages.
(11)
Accessory uses or buildings.
(12)
Nonprofit community or neighborhood boat docks or slips, by conditional use permit, provided that the following standards and conditions are complied with:
(a)
A set of plans, specifications and plot plans is submitted to the appropriate Board showing all structures within 200 feet, parking areas and driveways for ingress and egress.
(b)
Nothing shall be offered for sale other than space.
(c)
Lifting devices for launching and recovering boats shall not exceed a capacity of two tons.
(d)
Furthermore, the granting of such conditional use permit shall not be detrimental to the health, safety and general welfare of the community and shall be reasonably necessary for the convenience of the community in the judgment of the appropriate Board. The appropriate Board shall then decide the matter in accordance with the procedure for the issuance of conditional use permits in § 205-57A.
(13)
Buildings used exclusively by the federal, state, county or local municipal government for public purposes.
(14)
Public utilities structures, including storage and maintenance uses and garages subject to the approval by the appropriate Board.
C.
Area and yard requirements for uses and buildings. Every lot in the R-50A District shall comply with the following requirements:
[Amended 7-18-1997 by Ord. No. 97-16C]
(1)
Subject to Subsection C(2) below, residential lots shall have a minimum lot area of 5,000 square feet and a minimum width of 50 feet at the street line or on the ocean or bay.
(2)
Lots on blocks between streets.
(a)
On existing blocks between existing dedicated and accepted streets residential lots shall have a minimum lot width of 50 feet at the street line or on the ocean or bay and a minimum lot depth of one-half (1/2) of the block width, and the minimum lot area shall be based and computed upon the following formula; provided, however, that in any event, no lot shall be less than 4,500 square feet:
Block width | |||
|---|---|---|---|
Formula: | x 50 = Minimum Lot Area | ||
2 | |||
NOTE: In order to meet the minimum lot area and be consistent with the minimum lot depth, the minimum lot width may necessarily have to exceed 50 feet at the street line or on the ocean or bay. | |||
(b)
Where the rear property line of a lot is not the median line of the block, the lot area shall be not less than 5,000 square feet.
(3)
No principal or accessory structure shall be closer than 20 feet to the street line, except that a corner lot may have a minimum setback of 15 feet on one side to the street line.
(4)
Each principal building shall be provided with two side yards totaling 15 feet in width, the minimum width of one side yard being not less than four feet; and provided, further, that there shall be at least 15 feet between two adjacent houses; and provided, further, the other side yard must have a minimum of nine feet to provide for a driveway.
[Amended 2-7-2014 by Ord. No. 14-03C]
(5)
Each principal building shall be provided with a rear yard as follows:
[Amended 3-6-2017 by Ord. No. 17-06C]
(a)
No principal building on a lot with a lot depth of less than and up to and including 75 feet shall be closer than 10 feet to any rear lot line.
(b)
No principal building on a lot with a lot depth of more than 75 feet and up to and including 80 feet shall be closer than 15 feet to any rear lot line.
(c)
No principal building on a lot with a lot depth of more than 80 feet shall be closer than 20 feet to any rear lot line.
(6)
No accessory building shall be closer than four feet to any side or rear lot line, and no accessory structure, except pool filters, air-conditioning units or outside shower facilities, shall be less than five feet from an adjacent structure on the same lot.
(7)
All buildings, including single-story accessory buildings, shall not cover more than 33 1/3% of the lot.
[Amended 3-26-1999 by Ord. No. 99-8C]
D.
Minimum floor area of residential buildings. In order ensure a reasonable ratio of open yard area and enclosed living space to provide for the health, safety and welfare or residents and further to preserve property values and promote purposes of zoning, every new dwelling unit shall have a minimum living space on the first floor of 19 square feet for every 100 square feet up to the first 3,750 square feet of lot, said living space to be exclusive of porches, garages and accessory structures. Multistory dwellings shall have a minimum total floor area of 14 square feet for every 100 square feet up to the first 10,000 square feet of lot, said living space to be exclusive of porches, garages and accessory structures.
[Amended 7-18-1997 by Ord. No. 97-16C]
§ 205-57 R-36 General Residential Zone.
[Amended 2-15-1980 by Ord. No. 80-6C; 2-18-1983 by Ord. No. 83-2C; 9-5-1986 by Ord. No. 86-20C; 11-4-1984 by Ord. No. 94-38C; 4-21-1995 by Ord. No. 95-12C; 7-18-1997 by Ord. No. 97-16C]
A.
Uses and buildings permitted shall be as follows:
(1)
Single-family detached dwellings.
(2)
Churches and other places of worship and Sunday school buildings and parish houses.
(3)
Public and parochial schools.
(4)
Public museums and libraries.
(5)
Public utilities structures, but not including storage and maintenance uses and garages.
(6)
Home occupations.
(7)
Municipal recreational facilities, buildings and grounds.
(8)
Home professional offices.
(9)
Administration offices and model homes where a development of 20 or more homes may be built, provided that the activity conducted therein is limited to the development and is removed upon completion of the project.
(10)
Private garages.
(11)
Accessory uses or buildings.
(12)
Nonprofit community or neighborhood boat docks or slips, by conditional use permit, provided that the following standards and conditions are complied with:
(a)
A set of plans, specifications and plot plans is submitted to the appropriate Board showing all structures within 200 feet, parking areas and driveways for ingress and egress.
(b)
Nothing shall be offered for sale other than space.
(c)
Lifting devices for launching and recovering boats shall not exceed a capacity of two tons.
(d)
Furthermore, the granting of such conditional use permit shall not be detrimental to the health, safety and general welfare of the community and shall be reasonably necessary for the convenience of the community in the judgment of the appropriate Board. The appropriate Board shall then decide the matter in accordance with the procedure for the issuance of conditional use permits in § 205-57A.
(13)
Buildings used exclusively by the federal, state, county or local municipal government for public purposes.
(14)
Public utilities structures, including storage and maintenance uses and garages subject to the approval by the appropriate board.
C.
Area and yard requirements.
(1)
Every lot in an R-36 District shall have a minimum width of 60 feet at the street line and a minimum area of 5,000 square feet.
(2)
No principal or accessory building shall be closer than 20 feet to a street line or existing setback factor.
(3)
Lots on the turning circle of culs-de-sac shall comply with the definition requirements of lot depth and lot width as set forth herein in this chapter.
(4)
Each principal building shall be provided with two side yards totaling 15 feet in width, the minimum width of one side yard being not less than four feet; and provided, further, that there shall be at least 15 feet between two adjacent houses; and provided, further, the other side yard must have a minimum of nine feet to provide for a driveway.
[Amended 10-6-2000 by Ord. No. 00-12C; 2-7-2014 by Ord. No. 14-03C]
(5)
A principal building may be built to the established building line along the oceanfront, except as set forth in § 205-11.
(6)
No accessory building shall be closer than four feet to any side lot line, and no accessory structure, except pool filters, air-conditioning units or outside shower facilities, shall be less than five feet from the adjacent structure on the same lot.
[Amended 10-6-2000 by Ord. No. 00-12C]
(7)
All buildings, including single-story accessory buildings, shall not cover more than 33 1/3% of the lot.
[Amended 3-26-1999 by Ord. No. 99-8C]
(8)
In order to ensure a reasonable ratio of open yard area and enclosed living space to provide for the health, safety and welfare of residents and further to preserve property values and promote purposes of zoning, every new dwelling unit shall have a minimum living space on the first floor of 24 square feet for every 100 square feet of lot area, up to the first 5,000 square feet of lot, said living space to be exclusive of porches, garages and accessory structures. Multistory dwellings shall have a minimum total floor area of 14 square feet for every 100 square feet up to the first 10,000 square feet of lot, said living space to be exclusive of porches, garages and accessory structures.
(9)
Each principal building shall be provided with a rear yard as follows:
[Added 9-7-2022 by Ord. No. 22-20C]
(a)
No principal building on a lot with a lot depth of less than and up to and including 75 feet shall be closer than 10 feet to any rear lot line.
(b)
No principal building on a lot with a lot depth of more than 75 feet and up to and including 80 feet shall be closer than 15 feet to any rear lot line.
(c)
No principal building on a lot with a lot depth of more than 80 feet shall be closer than 20 feet to any rear lot line.
D.
Minimum floor area of residential buildings. In order to ensure a reasonable ratio of open yard area and enclosed living space to provide for the health, safety and welfare or residents and further to preserve property values and promote purposes of zoning, every new dwelling unit shall have a minimum living space on the first floor of 19 square feet for every 100 square feet up to the first 3,750 square feet of lot, said living space to be exclusive of porches, garages and accessory structures. Multistory dwellings shall have a minimum total floor area of 14 square feet for every 100 square feet up to the first 10,000 square feet of lot, said living space to be exclusive of porches, garages and accessory structures.
§ 205-58 R-35 General Residential Zone.
A.
Uses and buildings permitted.
[Amended 7-18-1997 by Ord. No. 97-16C]
(1)
Single-family detached dwellings.
(2)
Churches and other places of worship and Sunday school buildings and parish houses.
(3)
Public and parochial schools.
(4)
Public museums and libraries.
(5)
Public utilities structures, but not including storage and maintenance uses and garages.
(6)
Home occupations.
(7)
Municipal recreational facilities, buildings and grounds.
(8)
Home professional offices.
(9)
Administration offices and model homes where a development of 20 or more homes may be built, provided that the activity conducted therein is limited to the development and is removed upon completion of the project.
(10)
Private garages.
(11)
Accessory uses or buildings.
(12)
Nonprofit community or neighborhood boat docks or slips, by conditional use permit, provided that the following standards and conditions are complied with:
(a)
A set of plans, specifications and plot plans is submitted to the appropriate board showing all structures within 200 feet, parking areas and driveways for ingress and egress.
(b)
Nothing shall be offered for sale other than space.
(c)
Lifting devices for launching and recovering boats shall not exceed a capacity of two tons.
(d)
Furthermore, the granting of such conditional use permit shall not be detrimental to the health, safety and general welfare of the community and shall be reasonably necessary for the convenience of the community in the judgment of the appropriate board. The appropriate board shall then decide the matter in accordance with the procedure for the issuance of conditional use permits in § 205-57A.[1]
[1]
Editor's Note: Former Subsection 18-12.1(b), two-family dwellings, which immediately followed this subsection, was deleted 10-16-1987 by Ord. No. 87-32C.
C.
Area and yard requirements. Every lot in the R-35 District shall comply with the following requirements:
[Amended 10-16-1987 by Ord. No. 87-32C; 7-18-1997 by Ord. No. 97-16C]
(1)
Residential lots shall have a minimum lot area of 4,500 square feet and a minimum width of 50 feet at the street line on the ocean or bay.
(2)
Lots on blocks between streets.
(a)
On existing blocks between existing dedicated and accepted streets, residential lots shall have a minimum lot width of 50 feet at the street line or on the ocean or bay and a minimum lot depth of 1/2 of the block width, and the minimum lot area shall be based and computed upon the following formula; provided, however, that in any event, no lot shall be less than 4,500 square feet:
Block width | |||
|---|---|---|---|
Formula: | x 50 = Minimum Lot Area | ||
2 | |||
NOTE: In order to meet the minimum lot area and be consistent with the minimum lot depth, the minimum lot width may necessarily have to exceed 50 feet at the street line or on the ocean or bay. | |||
(b)
Where the rear property line of a lot is not the median line of the block, the lot area shall be not less than 5,000 square feet.
(3)
No principal or accessory structure shall be closer than 20 feet to the street line, except that the corner lot may have a minimum setback of 15 feet on one side of the street line.
(4)
Each principal building shall be provided with two side yards totaling 15 feet in width, the minimum width of one side yard being not less than four feet; and provided, further, that there shall be at least 15 feet between two adjacent houses; and provided, further, the other side yard must have a minimum of nine feet to provide for a driveway.
[Amended 2-7-2014 by Ord. No. 14-03C]
(5)
No principal building shall be closer than 20 feet to any rear lot line, except lots of less than 75 feet which shall be permitted a rear setback of 10 feet.
(6)
No accessory building shall be closer than four feet to any side or rear lot line, and no accessory structure, except pool filters, air-conditioning units or outside shower facilities, shall be less than five feet from an adjacent structure on the same lot.
(8)
Each principal building shall be provided with a rear yard as follows:
[Added 9-7-2022 by Ord. No. 22-20C]
(a)
No principal building on a lot with a lot depth of less than and up to and including 75 feet shall be closer than 10 feet to any rear lot line.
(b)
No principal building on a lot with a lot depth of more than 75 feet and up to and including 80 feet shall be closer than 15 feet to any rear lot line.
(c)
No principal building on a lot with a lot depth of more than 80 feet shall be closer than 20 feet to any rear lot line.
D.
Minimum floor area of residential buildings. In order to ensure a reasonable ratio of open yard area and enclosed living space to provide for the health, safety and welfare of residents and further to preserve property values and promote purposes of zoning, every new dwelling unit shall have a minimum living space on the first floor of 16 square feet for every 100 square feet of lot area, up to the first 4,500 square feet of lot, said living space to be exclusive of porches, garages and accessory structures. Multistory dwellings shall have a minimum total floor area of 14 square feet for every 100 square feet up to the first 10,000 square feet of lot, said living space to be exclusive of porches, garages and accessory structures.
[Amended 2-15-1980 by Ord. No. 80-6C]
§ 205-59 C General Commercial Zone.
[Amended 2-15-1980 by Ord. No. 80-6C; 4-18-1980 by Ord. No. 80-15C; 10-20-1981 by Ord. No. 81-21C; 8-6-1982 by Ord. No. 82-16C; 12-17-1982 by Ord. No. 82-24C; 7-6-1984 by Ord. No. 84-18C; 10-16-1987 by Ord. No. 87-32C; 5-19-1989 by Ord. No. 89-25C; 7-18-1997 by Ord. No. 97-16C; 7-22-2005 by Ord. No. 05-18C; 12-15-2006 by Ord. No. 06-37C; 3-6-2009 by Ord. No. 09-04C; 10-22-2010 by Ord. No. 10-47C; 10-26-2015 by Ord. No. 15-44C; 7-2-2018 by Ord. No. 18-17C; 3-2-2020 by Ord. No. 20-09C; 3-1-2021 by Ord. No. 21-08C; 7-6-2021 by Ord. No. 21-20C; 2-7-2022 by Ord. No. 22-02C; 8-7-2023 by Ord. No. 23-19C; 12-18-2023 by Ord. No. 23-25C; 9-9-2024 by Ord. No. 24-24C]
A.
Uses and buildings permitted.
(1)
(Reserved)
(2)
Churches and other places of worship and Sunday school buildings and parish houses.
(3)
Public and parochial schools.
(4)
Public museums and libraries.
(5)
Public utilities structures, but not including storage and maintenance uses and garages.
(6)
Microbreweries and craft distilleries, provided the following standards and conditions are complied with and a conditional use permit shall be obtained from the Land Use Board.
(a)
Strict compliance with N.J.S.A. 33:1-10 and shall provide a sampling room and retail sales area where product shall be sold to consumers and where samples shall be offered.
(b)
Shall not sell food or operate a restaurant on the licensed premises, including in any outdoor facility. However, pretzels, potato chips, nuts, or similar prepared snack foods are not prohibited from being provided without charge.
(c)
Plans shall be submitted that include a scale diagram of the entire interior of the premises and depicting the location of all receiving, storage, brewing or distilling area, servicing, seating, waiting areas, waste removal and garbage storage areas, and the intended location of tables, counters, bars, and respective seats or chairs.
(d)
Shall be permitted as a principal use only and shall not be permitted as an accessory use.
(7)
Municipal recreational facilities, buildings and grounds.
(8)
(Reserved)
(9)
(Reserved)
(10)
Private garages.
(11)
Accessory uses or buildings.
(12)
Nonprofit community or neighborhood boat docks or slips, by conditional use permit, provided that the following standards and conditions are complied with:
(a)
A set of plans, specifications and plot plans are submitted to the appropriate Board showing all structures within 200 feet, parking areas and driveways for ingress and egress.
(b)
Nothing shall be offered for sale other than space.
(c)
Lifting devices for launching and recovering boats shall not exceed a capacity of two tons.
(d)
Furthermore, the granting of such conditional use permit shall not be detrimental to the health, safety and general welfare of the community and shall be reasonably necessary for the convenience of the community in the judgment of the appropriate Board. The appropriate Board shall then decide the matter in accordance with the procedure for the issuance of conditional use permits in § 205-57A.
(13)
Buildings used exclusively by the federal, state, county or local municipal government for public purposes.
(14)
Public utilities structures, including storage and maintenance uses and garages subject to the approval by the appropriate Board.
(15)
Any retail shopping facility or service establishments which supplies commodities or performs a service, such as but not limited to a grocery store, delicatessen, meat market, drugstore, bakery shops, variety stores, antique shops, gift shops, furniture stores, restaurant, luncheonette, barbershop, beauty parlor, clothes cleaning and laundry pickup establishments, laundromats, banks, real estate offices, business or professional offices, provided that these business uses shall not display goods for purposes of sale outside the structure at a distance exceeding three feet from the exterior wall of the said structure.
(16)
Gasoline or oil stations, automobile service stations and public garages may be permitted, provided that the following standards and conditions shall be complied with and a conditional use permit is obtained from the appropriate Board:
(a)
A set of plans, specifications and plot plans shall be submitted to the appropriate Board showing all structures, pumps, storage tanks, parking areas and driveways for ingress and egress. Plot plans shall comply with the following minimum area and frontage requirements:
(b)
All pumps shall be located outside of buildings and on private property and in no case within 20 feet of any street line or lot line and shall be subject to such conditions and safeguards as the appropriate Board may impose with respect to, among other matters, the location and adequacy of entrances and exits.
(d)
In no event shall a permit be granted for such a use located within 200 feet of a school, hospital, infirmary, church, museum, public library or institution, theater or club or place of public assembly having a capacity of over 100 persons.
(e)
Furthermore, the granting of such a permit shall not be detrimental to the health, safety and general welfare of the community and shall be reasonably necessary for the convenience of the community in the judgment of the appropriate Board.
(17)
Hotels and motels, provided that the following standards and conditions are complied with and a conditional use permit is obtained from the appropriate board:
(b)
A minimum of one off-street parking space shall be provided for each motel or hotel unit, plus there shall be one employee parking space for each five units, or portions thereof.
(c)
A minimum of one off-street parking space shall be provided for each motel/hotel dwelling unit, up to and including 500 square feet per unit, located in the General Commercial Zone and the Marine Commercial Zone.
(d)
Garbage and refuse containers must be fully enclosed on all four sides with a stockade fence or similar permanent structure which the Board deems adequate for screening.
(18)
Mixed uses, provided that the following standards and conditions are followed.
(a)
No residential use shall be permitted on the first floor of any structure, except access for ingress and egress to the second and third floor shall be permitted. The foregoing includes a prohibition on garages and storage areas related in any manner to the residential use of the property. The sole residential use permitted on the first floor shall relate to access to the second and/or third floors, except no interior access or connection shall be permitted between the interior of the non-residential first floor square footage and second or third floors. The access to the second and/or third floors shall be separate from the non-residential use and square footage.
(b)
The square footage of the residential portion of the mixed use on a second floor shall not the exceed the square footage of the commercial use on the first floor. In the event there is a third floor, the square footage of the residential use on the third floor shall be equal to or smaller than the residential use on the second floor.
(c)
A minimum of 50% of the parking at the property shall be for the nonresidential uses located at the property, and such parking shall otherwise comply with the minimum space requirements set forth in the Code.
(d)
Other than the authorized separate and independent access and connection to the second and/or third floors, no portion of the first floor of the building shall be used for any residentially related use or purpose.
B.
Prohibited uses and buildings. The following buildings, structures and uses, except such of them as may have been in existence on November 1, 1968, are specifically prohibited in the General Commercial District:
(1)
Shipbuilding yards or ways.
(2)
Marine railways.
(3)
Machine shops.
(4)
Fish packing, shipping, canning, processing or storage.
(5)
Bottling plants.
(6)
Junkyards.
(7)
Air fields; landing bases.
(8)
Automobile wrecking yards.
(9)
Carpet, rag or bag cleaning establishments.
(10)
Any process of manufacture or treatment which is not clearly incidental to the retail business conducted on the premises.
(11)
Carousels, roller coasters, merry-go-rounds, Ferris wheels or other mechanical rides, pony tracks, miniature golf courses or golf driving ranges.
(12)
Trampolines.
(13)
Wild animal exhibits.
(14)
Nightclubs.
(15)
Any type of business using jukeboxes or record players with external speakers to attract attention to the business being conducted within the premises.
(16)
Any business using sidewalk displays or signboards.
(18)
Dance halls.
(19)
Used car lots.
(20)
Any process of assembly, manufacturing or treatment using power in excess of 25 total horsepower or constituting a nuisance by reason of odor, smoke or noise.
(21)
Amusement devices or attractions of any sort, kind or description.
(22)
Single-family detached dwellings.
(23)
Multifamily dwellings.
C.
Area and yard requirements.
(1)
Every lot in the C District shall have a minimum width of 60 at the street line and a minimum area of 6,000 square feet.
(2)
Side yards shall have a minimum width of three feet each from the side lot lines.
(3)
An attached group of stores of mixed uses may be considered as one building in applying the above yard space requirements.
(4)
Every lot in this district shall be provided with a ten-foot rear yard.
D.
Minimum floor area. Each motel and hotel unit shall have a minimum living space of 288 square feet, exclusive of a deck or porch.
E.
Off-street parking requirements.
(1)
For retail business use and personal use establishments there shall be provided two off-street parking spaces for each 1,000 square feet of floor area devoted to such use.
(2)
For restaurants and other public eating establishments, one off-street parking space for each six seats shall be provided.
(3)
For business and professional offices, banks and fiduciary institutions one off-street parking space shall be provide for each 500 square feet of floor area devoted to such use shall be provided.
(4)
The off-street parking area may be located on the same lot as the business building or within a distance of not more than 150 feet there from in the general commercial zone.
F.
Off-street loading space requirements. Each business use shall provide off-street loading space at the side or rear of the building at the rate of one space (10 feet x 25 feet with adequate ingress and egress) for each 5,000 square feet of floor area or fraction thereof in each building; provided, however, that this subsection shall not apply to business offices and professional offices; provided, however, no loading zones shall be required for any business or commercial use of less than 4,000 square feet including storage.[2]
[2]
Editor's Note: Former Section 18-14, LC Limited Commercial Zone, which immediately followed this section, added 10-2-1981 by Ord. No. 81-20C was deleted 10-2-1987 by Ord. No. 87-31C.
§ 205-60 Special Commercial Zone.
[Added 8-4-1989 by Ord. No. 89-41C]
A.
Uses and buildings permitted shall be as follows: any retail shopping facility or service establishment which supplies commodities or performs a service, such as but not limited to a grocery store, delicatessen, meat market, drugstore, bakery shop, variety store, antique shop, gift shop, furniture store, restaurant, luncheonette, barbershop, beauty parlor, clothes, cleaning and laundry pickup establishments, laundromat, bank, real estate office, business or professional office; provided, however, that no business use shall display goods for purposes of sale outside the structure at a distance exceeding five feet from the exterior wall of the structure.
B.
Prohibited uses and buildings. The following buildings, structures and uses, except such of them as may have been in existence on November 1, 1968, are specifically prohibited in the Special Commercial District:
[Amended 7-18-1997 by Ord. No. 97-16C]
(1)
Shipbuilding yards or ways.
(2)
Marine railways.
(3)
Machine shops.
(4)
Fish packing, shipping, canning, processing or storage.
(5)
Bottling plants.
(6)
Junkyards.
(7)
Air fields; landing bases.
(8)
Automobile wrecking yards.
(9)
Carpet, rag or bag cleaning establishments.
(10)
Any process of manufacture or treatment which is not clearly incidental to the retail business conducted on the premises.
(11)
Carousels, roller coasters, merry-go-rounds, Ferris wheels or other mechanical rides, pony tracks, miniature golf courses or golf driving ranges.
(12)
Trampolines.
(13)
Wild animal exhibits.
(14)
Nightclubs.
[Amended 2-7-2022 by Ord. No. 22-02C]
(15)
Any type of business using jukeboxes or record players with external speakers to attract attention to the business being conducted within the premises.
(16)
Any business using sidewalk displays or signboards.
(17)
Mobile home and RV parks.
[Amended 7-6-2021 by Ord. No. 21-20C]
(18)
Dance halls.
(19)
Used car lots.
(20)
Any process of assembly, manufacturing or treatment using power in excess of 25 total horsepower or constituting a nuisance by reason of odor, smoke or noise.
(21)
Amusement devices or attractions of any sort, kind or description.
(22)
In addition to the building uses prohibited above, all residential uses are prohibited.
C.
Area and yard requirements. Minimum area and yard requirements in the Special Commercial Zone shall be determined by the off-street parking and loading requirements of this chapter, save no building or structure shall be erected within 20 feet of any adjoining residential zone; provided, however, that no lot in the Special Commercial Zone shall be less than one acre with the minimum dimensions of 150 feet.
D.
Off-street parking requirements. Off-street parking requirements in the Special Commercial Zone shall be as follows:
[Amended 7-18-1997 by Ord. No. 97-16C; 12-15-2006 by Ord. No. 06-37C]
(1)
For retail business uses and personal service establishments, there shall be provided 5.5 off-street parking spaces for each 1,000 square feet of floor area devoted to such use.
[Amended 12-3-2010 by Ord. No. 10-54C]
(2)
For restaurants and other public eating establishments, one off-street parking space for each three seats shall be provided.
[Amended 12-3-2010 by Ord. No. 10-54C]
(3)
For business and professional offices, banks and fiduciary institutions, one off-street parking space shall be provided for each 200 square feet of floor area devoted to such use.
[Amended 12-3-2010 by Ord. No. 10-54C]
(4)
The off-street parking area may be located on the same lot as the business building or within a distance of not more than 150 feet therefrom in the General Commercial Zone.
(5)
For any motion-picture theater or movie theater, one off-street parking space shall be provided for each eight seats in such theater.
[Added 9-19-2008 by Ord. No. 08-33C]
E.
Each business use shall provide off-street loading space at the side or rear of the building at the rate of one space (10 feet by 25 feet with adequate ingress and egress) for each 5,000 square feet of floor area or fraction thereof in each building; provided, however, that this subsection shall not apply to business offices and professional offices.
[Amended 7-18-1997 by Ord. No. 97-16C]
§ 205-61 MC Marine Commercial Zone.
[2-15-1980 by Ord. No. 80-6C; 2-18-1983 by Ord. No. 83-2C; 7-6-1984 by Ord. No. 84-18C; 7-6-1984 by Ord. No. 84-18C; 8-7-1987 by Ord. No. 87-25C; 4-18-1988 by Ord. No. 88-6C; 11-18-1988 by Ord. No. 88-29C; 7-8-1997 by Ord. No. 97-16C; 7-18-1997 by Ord. No. 97-16C; 10-26-2015 by Ord. No. 15-44C; 3-6-2017 by Ord. No. 17-06C; 1-8-2018 by Ord. No. 17-43C; 7-2-2018 by Ord. No. 18-17C; 5-6-2019 by Ord. No. 19-11C; 11-2-2020 by Ord. No. 20-25C; 7-6-2021 by Ord. No. 21-20C; 2-7-2022 by Ord. No. 22-02C; 5-9-2023 by Ord. No. 23-13C; 8-7-2023 by Ord. No. 23-19C; 12-18-2023 by Ord. No. 23-25C; 9-9-2024 by Ord. No. 24-24C]
A.
Uses and buildings permitted shall be as follows:
(1)
All of the following uses, subject to the regulations of the R-50 District; provided, however, that for residential uses, the area and bulk regulations applicable shall be those of the closest adjoining residential district herein:
(a)
Single-family detached dwellings.
(b)
Churches and other places of worship and Sunday school buildings and parish houses.
(c)
Public and parochial schools.
(d)
Public museums and libraries.
(e)
Public utilities structures, but not including storage and maintenance uses and garages.
(f)
Home occupations.
(g)
Municipal recreational facilities, buildings and grounds.
(h)
Home professional offices.
(i)
Administration offices and model homes where a development of 20 or more homes may be built, provided that the activity conducted therein is limited to the development and is removed upon completion of the project.
(j)
Private garages.
(k)
Accessory uses or buildings.
(l)
Nonprofit community or neighborhood boat docks or slips, by conditional use permit, provided that the following standards and conditions are compiled with:
[1]
A set of plans, specifications and plot plans is submitted to the appropriate Board showing all structures within 200 feet, parking areas and driveways for ingress and egress.
[2]
Nothing shall be offered for sale other than space.
[3]
Lifting devices for launching and recovering boats shall not exceed a capacity of two tons.
[4]
Furthermore, the granting of such conditional use permit shall not be detrimental to the health, safety and general welfare of the community and shall be reasonably necessary for the convenience of the community in the judgment of the appropriate Board. The appropriate Board shall then decide the matter in accordance with the procedure for the issuance of conditional use permits in § 205-57A.
(m)
Buildings used exclusively by the federal state, county or local municipal government for public purposes.
(n)
Public utilities structures, including storage and maintenance uses and garages, subject to the approval by the appropriate Board.
(o)
Mixed uses, provided that the standards and conditions set forth in § 205-59A(18) are followed.
(2)
Hotels, motels, and multifamily dwellings, provided that the following standards and conditions are complied with and a conditional use permit is obtained from the appropriate board:
(c)
A minimum of one off-street parking space shall be provided for each motel or hotel unit, plus there shall be one employee parking space for each five units, or portions thereof.
(d)
A minimum of one off-street parking space shall be provided for each multi-family and motel/hotel dwelling unit, up to and including 500 square feet per unit, located in the General Commercial Zone and the Marine Commercial Zone.
(e)
Garbage and refuse containers must be fully enclosed on all four sides with a stockade fence or similar permanent structure which the Board deems adequate for screening.
(3)
Restaurants, provided that they are accessory to a motel, hotel or marina; and provided further, that in the event the restaurant is accessory to a marina, the number of seats shall not exceed three times the number of boat slips. The following parking provisions shall apply:
(a)
For restaurants and other public eating establishments, one off-street parking space for each six seats shall be provided.
(b)
In addition to the above off-street parking requirements, one off-street employee parking space shall be provided for each 1,000 square feet of floor area devoted to the commercial, restaurant or business and professional use constituting the main use of the premises.
(c)
The off-street parking area may be located on the same lot as the business building or within a distance of not more than 150 feet therefrom in the Marine Commercial Zone.
(4)
Marine service establishments providing for the sale and/or service of marine products and marine supplies, provided that the following parking, area, setback and yard requirements shall apply:
(a)
Area and yard requirements:
[1]
Every lot shall have a minimum width of 60 feet at the street line and a minimum area of 6,000 square feet.
[2]
Side yards shall have a minimum width of three feet each from the side lot lines.
[3]
An attached group of stores may be considered as one building in applying the above yard space requirements.
[4]
Every lot in this district shall be provided with a ten-foot rear yard.
(b)
Off-street parking requirements:
[1]
For retail business uses and personal service establishments, there shall be provided 5.5 off-street parking spaces for each 1,000 square feet of floor area devoted to such use.
[2]
In addition to the above off-street parking requirements, one off-street employee parking space shall be provided for each 1,000 square feet of floor area devoted to the commercial, restaurant or business and professional use, constituting the main use of the premises.
[3]
The off-street parking area may be located on the same lot as the business building or within a distance of not more than 150 feet therefrom in the Marine Commercial Zone.
(5)
Boat yards and marinas (commercial), provided that the standards and the following conditions hereinbelow set forth in § 205-61B through L, inclusive, are complied with: a set of plans, specifications and plot plans are submitted to the Code Enforcement Officer showing all structures, pathways, storage areas, docks, ramps, pumps and parking area on the site and all structures and streets within 200 feet of the site.
(6)
Lots qualifying for marine commercial development may be developed for motels, hotels, multifamily and single-family dwellings absent a marina only if there is provided for each dwelling unit a minimum to two boat slips and at least an equal amount of slips available for use by the general public. This required use shall be accompanied by the minimum number of parking spaces needed for the motel, hotel, multifamily or single-family use, plus seven-tenths (0.7) parking space for each slip in excess of the number of dwelling units provided.
(a)
The lot area for boat slip parking spaces shall not be included when computing the bulk area or lot area requirements for the motel, hotel, multifamily or single-family residential use.
(b)
No motels, hotels, multifamily or single-family dwellings shall be permitted unless the minimum number of boat slips is provided as hereinabove set forth.
(7)
Microbreweries and craft distilleries, provided the following standards and conditions are complied with and a conditional use permit shall be obtained from the Land Use Board.
(a)
Strict compliance with N.J.S.A. 33:1-10 and shall provide a sampling room and retail sales area where product shall be sold to consumers and where samples shall be offered.
(b)
Shall not sell food or operate a restaurant on the licensed premises, including in any outdoor facility. However, pretzels, potato chips, nuts, or similar prepared snack foods are not prohibited from being provided without charge.
(c)
Plans shall be submitted that include a scale diagram of the entire interior of the premises and depicting the location of all receiving, storage, brewing or distilling area, servicing, seating, waiting areas, waste removal and garbage storage areas, and the intended location of tables, counters, bars, and respective seats or chairs.
(d)
Shall be permitted as a principal use only and shall not be permitted as an accessory use.
B.
Area and yard requirements shall be as follows:
(1)
The minimum land area shall be 20,000 square feet. The area may include other parcels of land within 100 feet from the principal lot, provided that the other parcels are within either the C or MC Districts; provided, further, that one such lot shall contain a minimum of 15,000 square feet; and provided, further, that no existing residential use shall intervene between such lots.
(2)
The minimum frontage on navigable water exclusive of lagoon perimeter shall be 75 feet.
(3)
The minimum front yard, all buildings, shall be 20 feet.
(4)
The minimum side and rear yards, all buildings, shall be 10 feet each.
(5)
All buildings, including accessory buildings, shall not cover more than thirty-three and one-third percent (33 1/3%) of the lot.
C.
Minimum off-street parking requirements shall be as follows:
(1)
One off-street parking space for each two boat slips, plus one additional off-street parking space for each operational boat in use not moored in a slip, shall be provided.
(2)
In the case of commercial party boats or commercial fishing boats which are licensed to carry more than 20 passengers, including crew, off-street parking spaces shall be provided predicated on the following formula: the total number of off-street parking spaces required equals the maximum capacity for passengers and crew, including the first 20 divided by three.
(3)
No parking spaces shall be permitted for the storage of any boats, permitted certified boat-lifting machines, any other equipment, machines, or materials, any summer repair work, or any year-round dry storage.
(4)
The lands required for off-street parking may be used for winter storage of boats only and shall not be used for the storage of any permitted certified boat-lifting machines and equipment nor the storage of any other equipment, machines, or materials. For purposes of this subsection, the term "winter" is defined as commencing on September 15 and ending on June 30 of any given year.
D.
In addition to the regulations set forth in Chapter 193, where any lot in this district abuts or adjoins a residential zone or fronts a public street, no boat or permitted boat-lifting machines or equipment shall be placed or stored within 10 feet of the property line. All marine-style boat-lifting equipment shall be stored or placed at the bulkhead or water's edge of the designated ramp or boat lift area. No boat storage or permitted boat-lifting machines and equipment more than 15 feet in height shall be located within 20 feet of any residential property lot line.
E.
Lagoon construction by marinas. Boatyards and marinas may construct lagoons, provided that construction complies with the following standards:
F.
Permitted accessory uses shall be as follows:
(1)
Maintenance, repair, refinishing, rebuilding, construction and alteration of boats, including necessary engine work and rebuilding, provided that any such activities shall not unreasonably involve noise, dirt or smoke.
(2)
Selling of packaged foods, boat fittings and supplies, fishing equipment and bait, foul weather gear, life jackets and petroleum products, provided that no pump or storage facility for boat fuel shall be situated nearer than 35 feet to adjacent residential or commercial lands, except other boat yards and marinas.
G.
Site plan approval required. Alteration, construction or creation of any commercial marina in the Marine Commercial District shall be subject to the provisions of Chapter, 164, Site Plan Review, Article I.
H.
No building shall be erected or enlarged which shall exceed 34 feet in height. In measuring the building height to determine conformity with this subsection, refer to § 205-10, Height limits.
J.
Permitted certified boat-lifting machines and equipment for storage on site shall be limited to the following: mobile travel boat lifts; stationary boat lifts; floating boat lifts; floating platform boat lifts; pile mounted boat lifts; mobile forklifts; and stationary crane boat lifts. All other boat lift machines and equipment, construction-type cranes, machines, and equipment, and equipment that is not marine-type usable are prohibited from storage on site.
K.
All permitted boat-lifting machines and equipment shall be stored in a nonextended, lowest height, and prone position when not in use.
L.
No construction-type equipment, including, but not limited to, construction-type cranes, machines, and equipment, shall be stored on site. Only permitted certified boat-lifting machines and equipment and marine-type usable equipment and machines shall be stored on site, except that the use of construction machines and equipment and machines shall be permitted for ongoing construction pursuant to an approved and open building permit.