Lower Township City Zoning Code
ARTICLE IV
District Regulations
§ 400-13 Conformity to regulations.
No building shall hereafter be used, erected, altered, converted, enlarged, added to, moved or reduced wholly or in part, nor shall any land be designed, used or physically altered for any purpose or in any manner except in conformity with this chapter. Where a lot is formed from part of a lot already occupied by a building, any subdivision shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing building and all yard and other open space in connection therewith and so that all resulting lots have adequate dimensions consistent with the requirements of the zoning district in which they are located and so that all lots have frontage on a street.
§ 400-14 R-1 Single-Family Residential and R-2 Single-Family Residential.
[Amended by Ord. No. 82-2; Ord. No. 84-10A; Ord. No. 2002-11; Ord. No. 2002-23]
A.
Principal permitted uses on the land and in buildings.
(1)
Farms.
(2)
Detached dwelling units.
(3)
Public playgrounds, conservation areas, parks and public purpose uses.
(4)
Churches.
(5)
Public schools of elementary and/or high school grade, not operated for profit. Private schools and day-care centers shall be permitted only as conditional uses.
(6)
Golf courses, only as conditional uses.
(8)
Campgrounds in those areas of the Township so designated on the Zoning Map as conditional uses under N.J.S.A. 40:55D-67 (see § 400-56 for standards).
(9)
Funeral homes in the R-2 District only as conditional uses under N.J.S.A. 40:55D-67 (see § 400-56 for standards).
(10)
Lodges and clubs in the R-2 District only as conditional uses under N.J.S.A. 40:55D-67 (see § 400-56 for standards).
(11)
Hospitals in the R-2 District only as conditional uses under N.J.S.A. 40:55D-67 (see § 400-56 for standards).
B.
C.
Maximum building height. No building shall exceed 35 feet in height and 2.5 stories except that churches shall not exceed 55 feet in height and except further as provided in § 400-57B of this chapter. Notwithstanding the preceding sentence, the maximum height for single-family and duplex buildings shall be limited in height only to 35 feet regardless of the number of stories, as provided in § 400-8, Definitions.
[Amended 5-15-2006 by Ord. No. 2006-08]
D.
Area and yard requirements.
Area and Yard Requirements Chart | |||||
|---|---|---|---|---|---|
With Individual Sewage Facilities | With Public Sewage Facilities | ||||
R-1 Detached Dwellings and R-2 Districts | Churches and Schools | Detached Dwellings in R-2 Districts | |||
Principal Building Minimum | |||||
Lot area (acre) | 1 | 5 | 1/2 | ||
Lot frontage (feet) | 150 | 300 | 100 | ||
Lot width (feet) | 150 | 300 | 100 | ||
Lot depth (feet) | 200 | 600 | 120 | ||
Side yard (each) | 30 | 100 | 20 | ||
Front yard (feet) | 50 | 100 | 30 | ||
Rear yard (feet) | 30 | 100 | 20 | ||
Gross floor area (square feet) | 1,000 | 1,000 | |||
Accessory Building | |||||
Minimum | |||||
Distance to side line (feet) | 4 | 50 | 4 | ||
Distance to rear line (feet) | 4 | 50 | 4 | ||
Distance to other building (feet) | 6 | 50 | 6 | ||
Maximum | |||||
Building coverage of principal building (percent) | 10% | 8% | 12% | ||
Building coverage of accessory building(s) and/or structures (percent) | 10% | 2% | 10% | ||
E.
Minimum off-street parking. Each individual use shall provide parking spaces according to the following minimum provisions. Where a permitted use of land includes different specific parking requirements, the total number of required parking spaces shall be obtained by individually computing the parking requirements for each different activity and adding the resulting numbers together. The minimum size shall be nine feet by 18 feet and the minimum surface shall be clam shells, washed gravel or better. The spaces may be stacked and the garage may be one of the spaces.
[Amended 3-16-2020 by Ord. No. 2020-10]
(1)
Dwelling units shall each provide two spaces per dwelling unit when enlarging or erecting a building.
(2)
Churches shall provide one space per every five permanent seats. (One seat shall be considered 22 inches in calculating the capacity of pews or benches.)
(3)
Schools shall provide one space per employee for grades kindergarten through eighth grades, 2 1/2 spaces per employee for grades nine through 12, and in all cases sufficient space for school bus loading and unloading.
(4)
Home occupations shall provide not less than one space per 100 square feet of gross floor area or fraction thereof devoted to the home occupation, but the Planning Board may, at its own discretion, require additional spaces. The Planning Board may also prohibit piggy-back parking.
§ 400-15 R-3 Mainland Residential and R-4 Island Residential.
[Amended by Ord. No. 81-23; Ord. No. 82-2; Ord. No. 82-9; Ord. No. 83-31; Ord. No. 83-34; Ord. No. 92-11; Ord. No. 92-17; Ord. No. 94-9; Ord. No. 96-15; Ord. No. 96-26; Ord. No. 99-21]
A.
B.
C.
Maximum building height. No building shall exceed 35 feet in height and 2.5 stories except as provided in § 400-57B of this chapter. Notwithstanding the preceding sentence, the maximum height for single-family and duplex buildings shall be limited in height only to 35 feet regardless of the number of stories, as provided in § 400-8, Definitions.
[Amended 5-15-2006 by Ord. No. 2006-08]
D.
Area and yard requirements.
(1)
Detached dwelling units (see chart below).
(2)
Two-family dwelling units (see chart below).
Detached Dwelling Units Chart [Amended 8-2-2004 by Ord. No. 2004-18] | |||||
|---|---|---|---|---|---|
R-3 With Sewers | R-3 Without Sewers | R-4 | |||
Principal Building Minimum | |||||
Lot area (square feet) | 7,500 | 35,000 | 6,400 | ||
Lot frontage (feet) | 75 | 100 | 80 | ||
Lot width (feet) | 75 | 100 | 80 | ||
Lot depth (feet) | 90 | 150 | 80 | ||
Side yard (each) (feet) | 6 and 10 | 6 and 10 | 14b | ||
Front yard (feet) | 20a | 20a | 20a | ||
Rear yard (feet) | 20 | 20 | 20 | ||
Gross floor area (per unit) | 650 | 650 | 900 | ||
Accessory Building Minimum | |||||
Distance to side line (feet) | 4 | 4 | 4 | ||
Distance to rear line (feet) | 4 | 4 | 4 | ||
Distance to other building (feet) | 6 | 6 | 4 | ||
Principal Building Maximum | |||||
Building coverage of principal building (percent) | 30% | 30% | 45% | ||
Building coverage of accessory building(s) and/or structure(s) (percent) | 10% | 10% | 10% | ||
NOTES: | |
aException: In the case of corner lots, specifically defined as "lot, corner," no principal building shall be allowed to encroach on the designated site triangle. See § 400-8, definition of "lot, corner," for diagram. | |
bNo individual side yard setback less than four feet. |
Two-Family Dwelling Units Chart | |||||
|---|---|---|---|---|---|
R-3 With Sewers | R-3 Without Sewers | R-4 | |||
Principal Building Minimum | |||||
Lot area (square feet) | 15,000 | 40,000 | 6,400 | ||
Lot frontage (feet) | 75 | 100 | 80 | ||
Lot width (feet) | 75 | 100 | 80 | ||
Lot depth (feet) | 90 | 150 | 80 | ||
Side yard (each) (feet) | 6 and 10 | 20 | 14b | ||
Front yard (feet) | 20a | 20a | 20a | ||
Rear yard (feet) | 20 | 30 | 20 | ||
Gross floor area (per unit) | 650 | 650 | 900 | ||
Accessory Building Minimum | |||||
Distance to side line (feet) | 6 | 10 | 4 | ||
Distance to rear line (feet) | 6 | 10 | 4 | ||
Distance to other building (feet) | 6 | 10 | 4 | ||
Maximum | |||||
Building coverage of principal building (percent) | 30% | 30% | 45% | ||
Building coverage of accessory building(s) and/or structure(s) (percent) | 5% | 5% | 10% | ||
NOTES: | |
aException: In the case of corner lots, specifically defined as "lot, corner," no principal building shall be allowed to encroach on the designated site triangle. See § 400-8, definition of "lot, corner," for diagram. | |
bNo individual side yard setback less than four feet. |
(3)
Garden apartments and townhouses.
(a)
The minimum tract size shall be 15 acres in the R-3 District or 19,200 square feet in the R-4 District. A minimum of 200 feet of frontage on one street shall be required. All plans shall delineate the boundaries of the portion(s) of the tract devoted to each use.
(b)
No development shall exceed six dwelling units per acre in the R-3 District or 28 dwelling units in the R-4 District.
(c)
Minimum yard areas shall be measured horizontally in feet and shall be measured away from the front, side and rear of each building. The total minimum distance between buildings shall be the sum of the two abutting yard areas. [In R-4 Zone, refer to the requirements in § 400-15D(2) which supersedes this section.] The minimum yards shall be 40 feet for front yards, 25 feet for side yards and 40 feet for rear yards. No building, as measured radially from any corners, shall be closer to any other building corner than the combined distances of the yard requirements for each building. The combined distance of two yards shall exclude any driveway or vehicular access, such driveway or vehicular access width being in addition to the combined yard width. In addition, no building shall be located closer than 50 feet to the existing or proposed right-of-way line of any public street. [Except in the R-4 Zone which will be governed by the setback requirements contained in § 400-15D(2).]
(d)
Building coverage shall not exceed 25% of the total tract area in the R-3 District or 45% of the total tract area in the R-4 District. [In R-4 Zone only, setback requirements shall be controlled exclusively by § 400-15D(2).]
E.
Minimum off-street parking.
(1)
Each dwelling unit, when enlarging or erecting a building, shall provide two spaces per dwelling unit in the R-3 District on lots with more than 50 feet of frontage; lots with 50 feet of frontage or less shall provide one parking space per unit. One and one-half parking spaces shall be required in the R-4 District. The spaces shall be a minimum of nine feet by 18 feet with a minimum surface of clam shells, washed gravel or better. The spaces may be stacked, and the garage may be used as a parking space.
F.
Permitted signs.
(1)
Each development may have one sign along each street which the tract in question abuts, provided there exists at least 200 feet of unbroken frontage. Such sign(s) shall not exceed 10 feet in height, shall be set back from the street rights-of-way and driveways at least 30 feet, shall be set back from any property line a minimum of 50 feet, shall not exceed an area of 25 square feet and shall be used only to display the development's name.
G.
Townhouses. Townhouses may be constructed in the R-4 Zone according to the following provisions:
(1)
A "townhouse" shall be defined as one dwelling unit in a line of two connected dwelling units where each dwelling unit is compatibly designed in relation to the other unit with a zero lot line in the center of the lot.
§ 400-16 R-6 and R-6/H Multiple-Family Residential and Hotel-Motel Resort Overlay Districts.
[Amended by Ord. No. 82-2; Ord. No. 82-9; Ord. No. 89-3; 8-15-2005 by Ord. No. 2005-15]
B.
Accessory uses permitted.
(1)
Public swimming pools.
(2)
Tennis courts and other recreational facilities.
(3)
Off-street parking and private garages.
(5)
Signs.
(6)
Stores and shops for the conduct of retail businesses, personal service shops, including barbershops, beauty shops and the like, professional offices, restaurants, bars and cocktail lounges, banks, health, recreational and amusement facilities, theaters, bakery shops, coin-operated vending machines, florist shops, exhibitions and similar businesses, provided they are contained completely within the confines of a hotel-motel principal building with no direct access to the outside except for emergency exits, and provided, further, that the gross floor area devoted to such uses does not total more than 10% of the gross floor area of the entire principal building.
(7)
Temporary seasonal beach uses such as beach umbrella and beach supply sales, ice cream and food sales, lifeguard safety sheds, storage sheds for beach chairs, floats, umbrellas, etc., and beach umbrella, chair, raft and boogie board rentals.
C.
Maximum building height.
(1)
In the R-6 District, no building shall exceed 65 feet in height (and six stories).
(2)
In the R-6/H District, no building shall exceed 65 feet in height, except that hotel and motel buildings and apartment buildings shall be no less than 65 feet in height but shall not exceed 150 feet in height, measured from the preconstruction grade. All buildings in the R-6/H District shall be separated from either the beach, dune, boardwalk or waterfront, whichever is further inland, by a distance equal to two times the height of the structure.
[Amended 6-19-2006 by Ord. No. 2006-11; 3-19-2007 by Ord. No. 2007-06]
D.
Area and yard requirements in the R-6 District and the R-6/H District, unless otherwise noted.
(1)
The minimum tract size shall be 25,600 square feet. A minimum of 120 feet of frontage on one street shall be required.
(2)
No development shall exceed 60 one-bedroom units or 40 two-bedroom units or 20 three-bedroom units per acre. Any combination of one- , two- or three-bedroom units is permitted as long as the density per acre permitted in the respective zones is not exceeded.
(4)
Building coverage shall not exceed 50%. However, the combination of parking lot and building coverage is not to exceed 80% of the lot landward of the beach.
(5)
In an effort to protect and conserve a view of the ocean, no building east of Atlantic Avenue shall have a location, orientation or dimension so as to obstruct the view of the ocean along the lot line fronting the Atlantic Ocean beach, and no building east of Atlantic Avenue shall take up more than 75% of the frontage of the lot line fronting the Atlantic Ocean beach.
(6)
A minimum of 5% of each lot landward of the beach shall be landscaped and maintained as open space and every effort being made to preserve natural dunes. Shrubs or fences shall, at or near the outside perimeter of the lot, conform to all design standards and requirements contained in this chapter.
(7)
Each hotel or motel unit of accommodation shall contain a minimum floor area of 250 square feet.
(8)
Each hotel or motel unit of accommodation shall include a minimum of two rooms, a bedroom, and a separate bathroom, which affords privacy to a person within said room and which is equipped with a toilet, a wash basin and bathtub or shower, all properly connected to a water and sewage system.
E.
Minimum off-street parking.
[Amended 3-19-2007 by Ord. No. 2007-06]
(1)
Residential dwelling units shall each provide at least one parking space for the one-bedroom units and one and one-half spaces for two- and three-bedroom units, subject to the New Jersey Residential Site Improvement Standards.
(2)
Hotel and motels shall provide at least one and one-tenth spaces for each unit of accommodation.
F.
Permitted signs.
(1)
Each development may have one sign along each street which the tract in question abuts, provide there exists at least 120 feet of unbroken frontage. Such sign(s) shall not exceed 10 feet in height, shall be set back from the street right-of-way and driveways at least 15 feet, shall be set back from any property line a minimum of 15 feet, shall not exceed an area of 60 square feet and shall be used only to display the development's name.
G.
Condominium conversions. If any hotel or motel is converted to an apartment building whereby one or more units is privately owned as a condominium or cooperative form of ownership, unless such building, regardless of the form of ownership, continues to operate primarily as a hotel or motel, it shall be presumed to be a change in use from hotel or motel use to multiple-family residential use. If there is an elimination of common features of a hotel or motel, such as a front desk, lobby, maid service and other hotel/motel features, or if more than 15% of the units are available for short-term occupancy, it shall be considered prima facie evidence that the use has been changed from a hotel or motel to a municipal-family residential use, in which case, such conversion will not be permitted unless the structure in every regard conforms to those requirements set forth in this chapter applicable to multifamily residential construction as set forth in this section and in § 400-60.
H.
As a condition to site plan approval, the applicant shall file a plan for emergency evacuation of the beach area, including all temporary beach structures,with the Planning Board or Zoning Board of Adjustment, as applicable.
§ 400-17 GB General Business.
[Amended by Ord. No. 82-2; Ord. No. 82-9; Ord. No. 82-22; Ord. No. 84-11; Ord. No. 89-3; Ord. No. 97-25]
A.
Principal permitted uses on the land and in buildings.
[Amended 8-18-2008 by Ord. No. 2008-17; 3-16-2020 by Ord. No. 2020-10]
(1)
Lodges and clubs.
(2)
Public purpose uses.
(3)
Banks.
(4)
Offices and office buildings.
(5)
Restaurants without liquor licenses.
(6)
Theaters, bowling alleys and other indoor recreational activities, as a conditional use.
(7)
Service stations, as a conditional use.
(8)
Laundromats.
(9)
Garden centers.
(10)
Stores and shops for the conduct of any lawful retail business.
(11)
Personal service shops (barbershops, dry-cleaning pickup service, beauty parlors, etc.).
(12)
Automotive service center.
In the GB-1 Zone, all of the above uses shall be permitted; in addition to those uses enumerated above, the following uses shall also be permitted on the land and in the buildings in the GB-1 Zone:
(13)
Bars, taverns, nightclubs, and restaurants with liquor licenses.
(14)
Car washes.
(15)
Vehicular sales agencies.
[Amended 7-6-2021 by Ord. No. 2021-13]
(16)
Class 5 cannabis retail stores, confined to the GB-1 Cannabis Overlay Zone, and subject to the requirements of § 400-111. This use shall not be permitted in the GB-2 Zone.
[Added 7-6-2021 by Ord. No. 2021-13; amended 11-15-2021 by Ord. No. 2021-20; 1-4-2023 by Ord. No. 2022-15]
(17)
Class 6 cannabis delivery stores/services, confined to the GB-1 Cannabis Overlay Zone, and subject to the requirements of § 400-111. This use shall not be permitted in the GB-2 Zone.
[Added 7-6-2021 by Ord. No. 2021-13;[1] amended 11-15-2021 by Ord. No. 2021-20; 1-4-2023 by Ord. No. 2022-15]
In addition to those uses permitted in the GB and GB-1 Zones, the following uses shall also be permitted in the GB-2 Zone: |
[1]
Editor's Note: This ordinance also redesignated former Subsection A(16) through (20) as Subsection A(18) through (22), respectively.
(18)
Offices and office buildings, with an attached dwelling unit.
(19)
Stores and shops for the conduct of any lawful retail business, with an attached dwelling unit.
(20)
Personal service shops, with an attached dwelling unit.
(21)
Restaurants and establishments with liquor licenses, with an attached dwelling unit.
(22)
Public electric vehicle charging stations.
C.
Maximum building height. No building shall exceed 35 feet in height except as provided in § 400-57B of this chapter.
D.
Area and yard requirements.
(1)
Front yard depth: 25 feet.
(2)
Rear yard depth: 25 feet.
(3)
Side yard width: two side yards of six feet each.
(4)
Attached dwelling unit in the GB-II District shall require:
(5)
The minimum lot size and bulk requirements for the G-B Districts shall be the same as the required minimum lot size and bulk requirements in the highest adjoining residential district. ("Highest" meaning the largest minimum lot size of any adjoining residential district.)
(6)
A corner lot created by a subdivision in the GB, GB-I, or GB-II District shall be twice the minimum lot size required for the highest adjoining residential district; the minimum street frontage on one street of the corner lot shall be the same as the minimum frontage required for the highest adjoining residential district, and the minimum street frontage on the remaining street shall be twice the minimum frontage required for the highest adjoining residential district.
(7)
A corner lot created prior to the passage of this chapter shall comply with the minimum lot size of the highest adjoining residential district; the minimum street frontage on each street shall be the same as the minimum frontage required for the highest adjoining residential district.
E.
General requirements.
(1)
Any principal building may contain more than one store, provided that the total building coverage of the combined stores does not exceed the maximum building coverage specified for the district and, further, that each store occupies a minimum gross floor area of 500 square feet, and each principal building contains a minimum gross floor area of 650 square feet.
(2)
At least the first 20 feet adjacent to any street line and 10 feet adjacent to any lot line shall not be used for parking and shall be planted and maintained in lawn area, ground cover, or landscaped with evergreen shrubbery.
(3)
Except for garden centers and stores for sale of vehicles and boats, no merchandise, products, equipment or similar material or objects shall be displayed or stored outside except that uses may have an outside storage area for vehicles, provided such outside storage area does not exceed 20% of the lot area and is located in the rear yard only. Said area shall be enclosed entirely by a fence, wall, plant material or combination thereof in order to provide a visual barrier between the storage areas and any street, residential zoning district or existing residential use.
(4)
All buildings on one tract shall be compatibly designed whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes.
(5)
All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings and maintained in good condition.
(6)
A minimum buffer area of 20 feet in width shall be provided along any common property line with a residential district or residential use (see § 400-59B for additional standards).
(7)
The attached dwelling unit shall be either on the second floor of the business or to the rear of the business; provided, further, that on a corner lot, the rear of the building shall be that portion of the building furthermost away from Bayshore Road.
F.
Minimum off-street parking. Each individual use shall provide parking spaces according to the following minimum provisions. Where a permitted use of land includes different specific uses with different specific parking requirements, the total number of required parking spaces shall be obtained by individually computing parking requirements for each different use and adding the resulting numbers together.
[Amended 5-15-2006 by Ord. No. 2006-08]
(1)
Retail and service activities, offices, banks, shopping centers and indoor recreational activities not having substantial seating shall provide parking at the ratio of five spaces per 1,000 square feet of gross floor area. "Gross floor area" shall be defined as the area between the outside walls multiplied by the number of floors. In no case shall any use provide less than five spaces.
(2)
Restaurants, bars, taverns and indoor recreational activities having substantial seating shall provide a minimum of one space for every three seats, but in all cases a sufficient number of spaces to prevent any parking along public rights-of-way or private driveways, fire lanes and aisles.
(3)
Garden centers shall provide parking at the ratio of six spaces per 1,000 square feet of gross floor area of building plus 1/2 space per 1,000 square feet of outside storage, sale or display area. In no case shall any garden center provide less than six spaces.
(4)
Theaters shall provide one space for every three seats.
(5)
Bowling alleys shall provide two spaces per bowling lane.
(6)
Attached dwelling units shall provide two spaces, which will be in addition to any spaces required for any different use(s) of the property.
(7)
Medical office parking shall include one additional parking space for each employee.
(9)
In those areas of the GB-1 Zone in which the individual parcels do not exceed 80 feet on Pacific Avenue, head-on and back-out parking will be permitted. However, no head-on or back-out parking will be permitted on Pacific Avenue itself.
G.
Permitted signs.
(1)
Each building may have two signs, either freestanding or attached, not exceeding an area equivalent to 5% of the front facade of the building, or 70 square feet, whichever is smaller. If freestanding, the sign shall be set back from all street and property lines a distance equivalent to one linear foot for each two square feet of sign area, provided the required setback shall in no case be less than 10 feet. Where an individual activity has direct access from the outside, a sign not exceeding four square feet, identifying the name of the activity, may be attached to the building at the entrance.
(2)
Each shopping center may have one freestanding sign along each arterial or collector road which the tract in question abuts, provided there exists at least 250 feet of frontage. Such sign shall not exceed a height of 35 feet, shall be set back from the street rights-of-way and driveways at least 50 feet, shall be set back from adjacent property line a minimum of 100 feet and shall not exceed an area of 150 square feet. Where said sign is illuminated, said illumination shall emanate from the interior of the sign. No exterior lighting shall be permitted.
(a)
Where uses share a common walkway, each use served by the walkway may have one additional sign which shall be either attached flat against the building or be suspended in perpendicular fashion from the roof over the common walkway. Suspended signs shall be no closer than eight feet at their lowest point to the finished grade level below them. No such sign shall exceed 10 square feet in area.
(b)
All signs in a shopping center shall conform in character to all other signs in the complex and shall blend with the overall architectural scheme of the shopping center.
§ 400-18 RB Residential Business.
[Amended by Ord. No. 82-2; Ord. No. 97-25]
A.
Principal permitted uses on the land and in buildings.
[Amended 3-16-2020 by Ord. No. 2020-10]
(1)
Single-family detached dwelling units.
(2)
The following uses shall be permitted, provided that they are part of a residential structure or its accessory building:
(a)
Stores and shops for the conduct of any retail business.
(b)
Light industrial uses.
(c)
Personal service shops (e.g., barbershops, dry-cleaning pickup service, beauty parlors, etc.).
(d)
Offices and office buildings.
(e)
Restaurants without liquor licenses.
(f)
Indoor recreational activities, as a conditional use.
(g)
Service stations, as a conditional use.
(h)
Laundromats.
(i)
Garden centers.
(j)
Day-care centers.
(k)
Automotive service centers.
C.
Maximum building height. No building shall exceed 35 feet in height except as provided in § 400-57B of this chapter. Notwithstanding the preceding sentence, the maximum height for single-family and duplex buildings shall be limited in height only to 35 feet regardless of the number of stories, as provided in § 400-8, Definitions.
[Amended 5-15-2006 by Ord. No. 2006-08]
E.
General requirements.
(1)
Total business use area shall not exceed 3,600 square feet of gross floor area.
(2)
Any building may contain more than one but not more than three business uses, provided that the total building coverage of the combined residential and business uses does not exceed 30% building coverage and, further, that each use occupies a minimum gross floor area of 500 square feet, and each principal building contains a minimum gross floor area of 900 square feet.
(3)
At least the first 20 feet adjacent to any street line and 10 feet adjacent to any lot line shall not be used for parking and shall be planted and maintained in lawn area, ground cover, or landscaped with evergreen shrubbery.
(4)
Except for garden centers and stores for sale of vehicles and boats, no merchandise, products, equipment or similar material or objects shall be displayed or stored outside except that uses may have an outside storage area for vehicles, provided such outside storage area does not exceed 20% of the lot area and is located in the rear yard only. Said area shall be enclosed entirely by a fence, wall, plant material or combination thereof in order to provide a visual barrier between the storage areas and any street, residential zoning district or existing residential use.
(5)
All buildings on one tract shall be compatibly designed whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes.
(6)
All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings and maintained in good condition.
F.
Minimum off-street parking. Each individual use shall provide parking spaces according to the following minimum provisions. Where a permitted use of land includes different specific uses with different specific parking requirements, the total number of required parking spaces shall be obtained by individually computing parking requirements for each different use and adding the resulting numbers together.
[Amended 5-15-2006 by Ord. No. 2006-08]
(1)
Retail and service activities, offices, light industries and day-care centers and indoor recreational activities not having substantial seating shall provide parking at the ratio of five spaces per 1,000 square feet of gross floor area. "Gross floor area" shall be defined as the area between the outside walls multiplied by the number of floors. In no case shall any use provide less than five spaces.
(2)
Restaurants and indoor recreational activities having substantial seating shall provide a minimum of one space for every three seats, but in all cases a sufficient number of spaces to prevent any parking along public rights-of-way or private driveways, fire lanes and aisles.
(3)
Garden centers shall provide parking at the ratio of six spaces per 1,000 square feet of gross floor area of building plus 1/2 space per 1,000 square feet of outside storage, sale or display area. In no case shall any garden center provide less than six spaces.
(5)
Medical office parking shall include one additional parking space for each employee.
§ 400-19 I Industrial.
[Amended by Ord. No. 82-2; Ord. No. 2001-22]
A.
Principal permitted uses on the land and in buildings.
[Amended 3-16-2020 by Ord. No. 2020-10; 7-6-2021 by Ord. No. 2021-13; 11-15-2021 by Ord. No. 2021-20]
(1)
Offices and office buildings.
(2)
Industrial plans of a type which carry on processes within completely enclosed buildings, including the manufacture, assembly or treatment of products.
(3)
Wholesale distribution centers and warehouses.
(4)
Industrial parks on tracts of land at least 25 acres in area comprised of any combination of the uses listed hereinabove.
(5)
Public utility uses as conditional uses under N.J.S.A. 40:55D-67 (see § 400-56 for additional standards).
(6)
Construction equipment and/or material storage yard.
(7)
Methadone clinics, as a conditional use, only in the I-1 Industrial-Special Purpose Zone, Block 410.01, Lots 36, 37, and 37.01 (see § 400-56 for additional standards).
(8)
Public electric vehicle charging stations.
B.
Accessory uses permitted.
(1)
Off-street parking.
(3)
Signs.
(4)
Garages, storage buildings and toolsheds.
(5)
Temporary construction trailers and one sign not exceeding 100 square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, provided said trailer(s) and sign are on the site where construction is taking place and are set back at least 15 feet from all street and lot lines.
(6)
Employee cafeterias as part of a principal building or as the entire use of an accessory building, provided the cafeteria is intended for service to the employees of the principal use designated on the site plan as approved by the Board.
C.
Uses prohibited. The following activities and uses are specifically prohibited:
(1)
Pyroxylin plastic, manufacture or storage; explosives, either manufacture or storage, including fireworks; match manufacture or storage.
(2)
Acetylene gas, ammonia or chlorine bleaching powder manufacture; acid or chemical manufacture.
(3)
Animal black, bone black or lamp black manufacture or treatment; fertilizer or potash refining or manufacture.
(4)
Disinfectant, insecticide or poison manufacture.
(5)
Glue, size or gelatine manufacture of any process, including the refining, processing, manufacture or recovering of products from fish, animal refuse or offal.
(6)
Grease, lard, fat or tallow rendering or refining; dye or soap manufacture; the storage, cleaning, curing or tanning of raw hides or skins.
(7)
Stockyards, wool pulling or scouring, commercial slaughtering of animals, except poultry; reduction, incineration, storage or dumping of slaughterhouse refuse, rancid fats, garbage, dead animals or offal.
(8)
Energy-related facilities.
(a)
The storage of crude oil, refined petroleum hydrocarbon products and/or derivatives for any purpose, except:
[1]
Limited quantities may be stored when the contents are directly connected to an oil- or gas-fired boiler on the same premises.
[2]
Refined petroleum hydrocarbon products, oils and gases may be stored in such volumes for the supply of those products for consumer consumption within Cape May County.
(b)
The construction of overland and underground pipelines for the purpose of transporting crude oil, refined petroleum hydrocarbon products and/or derivatives, except:
[1]
Pipeline construction by local utilities for the express purpose of supplying natural gas to consumers in the Township shall be permitted.
(c)
Petroleum hydrocarbon refineries.
(d)
Natural gas processing plants.
(9)
Coke ovens; cement, gypsum, plaster of paris, or wood pulp manufacture.
(10)
Any other trade, industry or use that is noxious or offensive by reason of the emission of toxic or corrosive fumes, gas, smoke, odors, obnoxious dust or vapors, offensive noise or vibrations, glare, flashes, or objectional effluent which may adversely affect or impair the normal use of peaceful enjoyment of any property, structure or dwelling located in any residential or business district.
(11)
Any permanent or transient residential dwelling units, single-family, two-family, and multifamily.
D.
Maximum building height. No building shall exceed 45 feet and three stories except as provided in § 400-57B of this chapter.
E.
Area and yard requirements.
Principal and Accessory Building | Individual Uses | Industrial Park | ||
Minimum | ||||
Lot area | 1 acre | 25 acres | ||
Lot frontage | 150 feet lot width | |||
150 feet lot depth | 200 feet | |||
Side yard (each) (lot not abutting a residential property) | 25 feet | |||
Front yard | 50 feet | |||
Rear yard | 25 feet | |||
Maximum | ||||
Total building coverage | 50% | |||
F.
General requirements.
(1)
At least the first 50 feet adjacent to any street line and 25 feet adjacent to any lot line shall not be used for parking and shall be planted and maintained in lawn area, ground cover, or landscaped with evergreen shrubbery.
(2)
No merchandise, products, waste, equipment or similar material or objects shall be displayed or stored outside unless screened.
(3)
All buildings shall be compatibly designed whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes.
(4)
All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings and maintained in good condition.
G.
Minimum off-street loading.
(1)
Each building shall provide for off-street loading and unloading with adequate ingress and egress from streets and with adequate space for maneuvering and shall provide such area at the side or rear of the building. There shall be no loading or unloading from the street.
H.
Minimum off-street parking.
(1)
One space for every 1,000 square feet or fraction thereof of floor area used for inside storage and warehousing plus one space for every 400 square feet or fraction thereof of floor area used for manufacturing or research and testing plus one space for every 200 square feet or fraction thereof of floor area used for offices.
(2)
In addition, one space for every vehicle owned and/or operated by the use operating from that site shall be provided.
I.
Signs.
(1)
Office buildings, industrial and manufacturing plants, wholesale distribution centers and warehouses shall be permitted one sign not larger than the equivalent of 5% of the area of the front wall of the building or 100 square feet, whichever is smaller. If attached, the sign shall be attached flat against the building and shall not be higher than the roofline; if freestanding, the sign shall not exceed 10 feet in height and shall be set back from all street rights-of-way and lot lines at least 25 feet.
(2)
Each industrial park may have one freestanding sign along each road which the tract in question abuts. If there exists at least 250 feet of unbroken frontage, such sign shall not exceed a height of 20 feet, shall be set back from the street rights-of-way and driveways at least 50 feet, shall be set back from any adjacent property line a minimum of 100 feet, shall not exceed an area of 100 square feet, and shall be used only to display the development's name. Without 250 feet of frontage, the sign shall not exceed a height of 10 feet, shall be set back from arterial street at least 10 feet, shall not exceed an area of 45 square feet, and shall be used only to display the development's name.
§ 400-20 MH Motel-Hotel.
[Amended by Ord. No. 82-2; Ord. No. 84-11; 8-15-2005 by Ord. No. 2005-15]
B.
Accessory uses permitted.
(1)
Public swimming pools.
(2)
Tennis courts and other usual recreational facilities.
(3)
Off-street parking and private garages.
(5)
Signs.
(6)
Stores and shops for the conduct of retail businesses; personal service shops, including barbershops, beauty shops and the like; professional offices; restaurants; bars and cocktail lounges; bank; health, recreational, and amusement facilities; theaters; bakery shops; coin-operated vending machines; florist shops; exhibitions; and similar businesses, provided they are contained completely within the confines of a principal building with no direct access to the outside except for emergency exits and provided, further, that the gross floor area devoted to such uses does not total more than 10% of the gross floor area of the entire principal building.
C.
Maximum building height. No building shall exceed two and one-half stories and 35 feet in height.
D.
Area and yard requirements.
(1)
The minimum tract size shall be 25,600 square feet, and the width and depth of each lot shall be at least 160 feet with a maximum of 15 units per acre where public sewer is utilized. Where public sewer is not available, the minimum lot size shall be five acres, with a maximum of three units per acre.
(2)
No building shall be located closer than 15 feet to any side or rear lot line. No building shall be closer than 25 feet to any street line.
(3)
Each unit of accommodation shall contain a minimum floor area of 250 square feet.
(4)
Each unit of accommodation shall include a minimum of two rooms, a bedroom and a separate bathroom which affords privacy to a person within said room and which is equipped with a toilet, a wash basin and a bathtub or shower, all properly connected to a water and sewage system.
F.
Permitted signs.
(1)
Each building may have one sign, either freestanding or attached, not exceeding an area equivalent to 5% of the front facade of the building or 70 square feet, whichever is smaller. If freestanding, the sign shall be set back from all street and property lines a distance not less than 10 feet. Where an individual activity has direct access from the outside, a sign not exceeding four square feet, identifying the name of the activity, may be attached to the building at the entrance.
G.
Condominium conversions. If any hotel or motel is converted to an apartment building whereby one or more units is privately owned as a condominium or cooperative form of ownership, unless such building, regardless of the form of ownership, continues to operate primarily as a hotel or motel, it shall be presumed to be a change in use from hotel or motel use to multiple-family residential use. If there is an elimination of common features of a hotel or motel, such as a front desk, lobby, maid service or other hotel/motel features, or if more than 15% of the units are available for short-term occupancy, it shall be considered prima facie evidence that the use has been changed from a hotel or motel to a multifamily residential use, in which case, such conversion will not be permitted unless the structure in every regard conforms to those requirements set forth in this chapter applicable to multifamily residential construction as set forth in this section and in § 400-60.
§ 400-21 MD Marine Development, MD-1 Marine Development/Single-Family Residential and MD-2 Marine Development/Commercial.
[Amended by Ord. No. 81-23; 82-2; 2000-2; 8-18-2003 by Ord. No. 2003-9[1]]
A.
Principal permitted uses on the land and in buildings.
(1)
Rental, servicing, repair, sales, launching, and storage of boats and boating equipment.
(2)
Commercial fishing.
(3)
Fish and seafood processing and packing.
(4)
Wholesale distribution of fresh or processed fish and seafood.
(5)
Restaurants and taverns.
(6)
Boatels, motels and apartment buildings, provided off-site sewerage disposal services are provided, a marina either exists or is constructed as part of said apartment building and said apartment building conforms to § 400-60 of this chapter, except that such uses shall not be permitted in the MD-2 District.
(7)
Detached dwelling units in the MD-1 District only.
(8)
No more than 50% of the land area of an existing marina shall become an apartment building, inclusive of accessory buildings and parking lots, and the remainder shall be used for marine development. On all newly constructed apartment buildings, no more than 50% of the waterfront shall be allocated for apartment use. The remainder of the waterfront shall be used for marine development. Any such apartment building shall contain, at a minimum, 40 new boat slips in the marina provided.
B.
Accessory uses permitted.
(1)
Retail sales of goods otherwise rented, wholesaled, processed, packed on-site, or pertinent to marine-related use.
(2)
Off-street loading and parking.
(3)
Garages, storage buildings and toolsheds.
(4)
Fences, piers, walls and bulkheads, provided that, where bulkheads are to be constructed, the approval of the Township Engineer shall be obtained (see § 400-31).
(5)
Signs.
C.
Maximum building height. No building shall exceed 65 feet in height except as provided in § 400-57B of this chapter. Notwithstanding the preceding sentence, the maximum height for detached dwelling units shall be limited in height only to 35 feet regardless of the number of stories, as provided in § 400-8, Definitions.
[Amended 5-15-2006 by Ord. No. 2006-08]
D.
Area and yard requirements.
(1)
The minimum lot size shall be three acres, and the frontage, width and depth of each lot shall be at least 200 feet.
(2)
No building shall be located closer than 10 feet from any side line, and no building shall be located closer than 40 feet from any street line except that in no case shall a building be located closer than 80 feet from the center line of any state or county road.
(3)
No parking shall be within four feet of any street lot line.
(4)
All buildings, including accessory buildings, shall not cover more than 40% of the lot area.
E.
General requirements.
(1)
All buildings shall be compatibly designed whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes.
(2)
All areas not utilized for building, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped and maintained in good condition.
F.
Minimum off-street loading.
(1)
Each building shall provide for off-street loading and unloading with adequate ingress and egress from streets and with adequate space for maneuvering. Each space shall be at least 15 feet by 40 feet, and a minimum of one space shall be provided for each building. Additional spaces may be necessary and required dependent upon the specific activity. There shall be no loading or unloading from the street.
(2)
There shall be at least one trash and garbage pickup location provided by each building, which shall be separated from the parking spaces by either a location within the building or in a pickup location outside the building, which shall be a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of the three. If located within the building, the doorway may serve both the loading and trash/garbage functions, and if located outside the building, it may be located adjacent to or within the general loading area(s), provided the container in no way interferes with or restricts loading and unloading functions.
G.
Minimum off-street parking.
(1)
Adequate parking shall be provided.
(2)
For each dwelling unit contained in an apartment building, there shall be at least two parking spaces provided.
(3)
Restaurants, bars and taverns shall provide a minimum of one space for every three seats, but in all cases a sufficient number of spaces to prevent any parking along public rights-of-way, all private driveways, fire lanes and aisles.
(5)
The parking space requirement for marinas shall be 0.6 parking space per boat slip.
[Added 6-6-2005 by Ord. No. 2005-11]
H.
Permitted signs.
(1)
Each enterprise may have one sign, either freestanding or attached, not larger than the equivalent of 5% of the area of the front wall or the principal building or 100 square feet, whichever is smaller, if attached, or not greater than 100 square feet, if freestanding. If attached, the sign shall be flat against the building and shall not be higher than the roofline; if freestanding, the sign shall not exceed 10 feet in height and shall be set back from all street rights-of-way and lot lines at least 10 feet.
I.
Minimum setback. All buildings constructed in this zone shall have a minimum front yard setback of 200 feet, and if the lot fronts on Ocean Highway, there shall be a minimum of a two-hundred-foot setback from Ocean Highway.
§ 400-22 MGB Marine General Business.
[Amended by Ord. No. 82-2; Ord. No. 84-11]
A.
Principal permitted uses on the land and in buildings.
(1)
Sale, rental, servicing, repair, launching, and storage of boats and boating equipment.
(2)
Commercial fishing, dockage and repair facilities.
(3)
Fish and seafood processing and packing.
(4)
Wholesale distribution of fresh or processed fish and seafood.
(5)
Boatels, hotels, motels.
(6)
Saloons and restaurants (no fast foods).
(7)
Marine construction yards.
(8)
Retail sales of goods otherwise rented, wholesaled, processed, packed on-site, or pertinent to marine-related use.
C.
Maximum building height. No building shall exceed 35 feet in height except as provided in § 400-57B of this chapter.
D.
Area and yard requirements.
(1)
The minimum lot size shall be 50 feet by 90 feet.
(2)
No building shall be located closer than six feet from any street line or property line.
(3)
Where public sewer is utilized, the minimum tract size for a boatel, hotel, or motel shall be 25,600 square feet, with a maximum of 20 units per acre. The minimum width and depth of each lot shall be at least 160 feet. The minimum lot size for a boatel, hotel, or motel shall be five acres, with a maximum of three units per acre, where public sewer is not utilized.
(4)
Each unit of accommodation shall contain a minimum floor area of 250 square feet.
(5)
Each unit of accommodation shall include a minimum of two rooms, a bedroom and a separate bathroom which affords privacy to a person within said room and which is equipped with a toilet, a wash basin, and a bathtub or shower, all properly connected to a water and sewage system.
E.
General requirements.
(1)
All buildings shall be compatibly designed whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes.
(2)
All area not utilized for building, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped and maintained in good condition.
§ 400-23 C Conservation.
§ 400-24 FP Floodplains. [1]
A.
Purpose.
(1)
The purpose and intent of this section is to adopt minimum land use control measures for flood-prone areas in order to comply with the National Flood Insurance Program and qualify the Township and its property owners for the benefits of the program. Such measurements are intended to meet the requirements and criteria of 24 C.F.R. 1910.3(d) in particular, and all other applicable federal laws and regulations.
(2)
It is further the purpose of these regulations to encourage only that development of flood-prone areas which:
(a)
Is appropriate in light of the probability of flood damage and the need to reduce flood losses;
(b)
Represents an acceptable social and economic use of the land in relation to the hazards involved;
(c)
Does not increase danger to human, plant or animal life;
(d)
Causes no decrease in the amount of available storage for floodwaters within the floodplain as the result of any development; and
(e)
Conversely, to discourage all other development.
(3)
This zone is created in recognition of the increased threat, severity and frequency of floods expected to result from continued development. It is intended to retain areas of special flood hazard free from obstructions to the water flow during periodic rises in the water level so that:
B. CHANNEL FLOOD FLOOD FRINGE FLOOD HAZARD AREA FLOODPLAIN FLOODWAY
Definitions. As used in this section, the following terms have the meanings indicated:
The bed and banks of the watercourse located within the boundaries of the Township which convey the normal flow of said watercourse.
A natural phenomenon resulting from an excessive amount of precipitation and/or a combination of tide and wind causing a temporary rise in stream flow or stage which results in inundation of areas not normally covered by water.
That portion of the flood hazard area outside the floodway which experiences flooding at lesser depths and lower velocities than does the floodway.
The floodway and any additional portions of the floodplain within the Township which are subject to a one-percent-or-greater chance of flooding in any given year, and which are delineated on Flood Hazard Boundary Maps published by the US Department of Housing and Urban Development, Federal Insurance Administration, July 1974 (Nos. HO-1 through HO-1a).
The relatively flat area adjoining the channel which has been or may be covered by floodwater of said watercourse.
The channel and portions of the adjacent floodplain that carry the greater part of flood flow at greater depths and velocities than do the other parts of the floodplain, that constitute the minimum area required for the passage of flood flows without aggravating flood conditions upstream and downstream, that are necessary to preserve the natural regimen of the stream for the reasonable passage of the floodway design flood and that are delineated in accordance with N.J.S.A. 58:16A-1 et seq.; provided, however, that the floodway must be sufficient to carry the anticipated one-hundred-year flow without an appreciable rise in the water surface profile.
C.
Construction permits and enforcing officer. No construction (including prefabricated and mobile homes) or other improvement shall be undertaken in any flood hazard area, nor shall any major repair be made in any such area, except in accordance with a construction permit issued by the Township's Construction Code Enforcement Official after review by him of an application made on behalf of the property owner. The Construction Code Enforcement Official is hereby designated as the officer to enforce the provisions of this section.
D.
Construction permit applications. The Construction Code Enforcement Official shall review each such construction permit application. The Construction Code Enforcement Official shall issue a permit only if he shall determine that the construction, improvement or repair:
(1)
Uses construction material and utility equipment that are resistant to flood damage;
(2)
Uses construction methods and practices that will minimize flood damage;
(3)
Is reasonably protected against flood damage; and
(4)
Is designed (or modified) and anchored to prevent flotation, collapse or lateral movement of any structures.
E.
Development application review procedure. No development or subdivision of land shall be permitted within the flood hazard area unless the Planning Board and any other approving authority having jurisdiction, as the case may be, shall have reviewed and approved the proposal therefor. The Planning Board or any other approving authority, as the case may be, shall approve such a development proposal only if it determines that:
(1)
The proposal is consistent with the need to minimize flood damage and has an inherent low flood damage potential;
(2)
All public utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated and constructed so as to minimize or eliminate flood damage;
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards;
(4)
New or replacement water supply systems and sanitary sewerage systems, unless prohibited, are designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters;
(5)
Any on-site solid waste disposal systems are located so as to avoid contamination from them during flooding;
(6)
No individual sewage disposal system or individual well shall be located within a flood hazard area;
(7)
Any new construction of, or substantial improvement to, any residential structure shall have the lowest floor, including basement, elevated to one foot above the one-hundred-year-flood elevation;
(8)
Any new construction of, or substantial improvement to, any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to one foot above the one-hundred-year-flood elevation or, together with the attendant utility and sanitary facilities, be floodproofed so that, below the design flood level, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A licensed professional engineer or architect shall certify that the standards of this section are satisfied, and such certification shall be provided to the Township Engineer;
(9)
The proposed use does not adversely affect the water-carrying capacity of any delineated floodway or channel nor raise the level of the anticipated one-hundred-year flood;
(10)
Modification or reconstruction of the channel as defined hereinabove is not required;
(11)
The proposed use does not increase local runoff and erosion and provides proper drainage of the area to an existing adequate watercourse or drainage system;
(12)
The proposed use does not unduly stress or degrade the natural environment of the floodplain or degrade the quality of surface water or the quality or quantity of groundwater; and
(13)
The proposed use is set forth in this chapter as a permitted use.
F.
Additional development application requirements. Where properties to be subdivided or otherwise developed are located wholly or partly within the flood hazard area, the following additional details shall be included on the plats or plans submitted for review:
(1)
Proposed finished grade elevations at the corners of any structure or structures;
(2)
The extent of any proposed or previous filling, cutting or regrading of the land;
(3)
The location, type, and size of all existing and proposed erosion and siltation control measures, such as slope protection, soil stabilization, sedimentation basins, sediment trap headwalls and aprons;
(4)
The delineation of the flood hazard area on the property to be developed and within 200 feet of said property; and
(5)
The delineation, to the extent possible, of the channel, floodway and fringe areas of the flood hazard area utilizing as a minimum the following reports and maps together with other appropriate and available sources of information:
(a)
Soil Survey of Cape May County, New Jersey, US Department of Agriculture Soil Conservation Service, February 1977.
(b)
HUD-FIA Flood Hazard Boundary Map (Nos. HO-1 to 14), July 1974.
(c)
Applicable reports by the New Jersey Department of Environmental Protection's Division of Water Resources, under authority of Chapter 19, Public Laws of 1962, as published.
(d)
Floodplain Information on the Tidal Lands of Cape May County, New Jersey, prepared by Corps of Engineers, US Army, Philadelphia, Pennsylvania, District, June 1968.
G.
Uses of land in the floodplain.
(1)
Prohibited uses. No person shall hereafter engage in, cause or permit other persons to engage in prohibited activities within a delineated flood hazard area. The following uses shall be prohibited:
(a)
Placing, depositing, or dumping any vehicles, solid waste, garbage, refuse, trash, rubbish or debris.
(b)
Dumping or discharging untreated domestic sewage or industrial wastes, either solid or liquid.
(c)
Storage or disposal of pesticides.
(d)
Storage or processing of materials that are, in time of flooding, buoyant, flammable or explosive.
(e)
The storage or processing of hazardous materials that could be injurious in time of flooding to human, animal or plant life.
(2)
Permitted uses in channels. Within any channel, structures may be erected, enlarged, expanded and externally altered and fill, excavation or other improvements or changes may be permitted only in connection with stream improvements and stabilization, which improvements or changes shall have the approval of the New Jersey Department of Environmental Protection, the Cape May County Planning Board, the Lower Township Planning Board and the Lower Township Engineer.
(3)
Permitted uses in floodways. Within any floodway area, structures may be erected, enlarged, expanded, and externally altered and fill, excavation or other improvements and stabilization, which improvements or changes may be permitted only in connection with stream improvements and stabilization, which improvements or changes shall have the approval of the New Jersey Department of Environmental Protection, the Cape May County Planning Board, the Lower Township Planning Board and the Lower Township Engineer. The accepted practices of soil husbandry and farming as well as recreational uses in the nature of parks, wildlife preserves, play yards, picnic areas, golf courses and boat landings may be permitted upon receiving site plan approval by the Planning Board and the issuance of a construction permit as provided in this chapter. Material, equipment or vehicles related to and used in conjunction with a permitted use shall not be parked or stored in the floodway area.
(4)
Permitted uses in the flood fringe areas. Within any flood fringe area, structures may be constructed, enlarged, expanded, externally altered or modified and fill, excavation and other improvements may be permitted, only upon receiving site plan approval by the Planning Board and the issuance of a construction permit as provided in this chapter.
H.
Floodplain management programs. In reviewing and acting upon applications and proposals under this section, the Construction Code Enforcement Official, Planning Board and any other authority having jurisdiction in the premises shall take into account any floodplain management programs in effect in neighboring area and may modify his and its determination, action or report accordingly.
I.
Flood insurance. Flood insurance in accordance with the National Flood Insurance Program, United States Department of Housing and Urban Development, shall be required for all developments within the flood hazard area.
§ 400-25 W Wetlands.
A.
Purpose. Coastal wetlands contribute to the physical stability of the coastal zone by serving as:
(1)
A transitional area between the forces of the open sea and upland areas, by absorption and dissipation of wind-driven storm waves and storm surges;
(2)
Floodwater storage area, thus reducing inland damage; and
(3)
Sediment and pollution traps. Also, wetlands perform naturally the wastewater treatment process of removing phosphorus and nitrogenous water pollutants and are critical to the functioning of the estuarine and marine ecosystems. Therefore, in accordance with the policies of the New Jersey Legislature at N.J.S.A. 13:9A-1 et seq., this section regulates the development and use of coastal wetlands located within the Township of Lower.
B. COASTAL WETLANDS COASTAL WETLANDS MAP PERMITTED USES PROHIBITED USES REGULATED USES
Definitions. As used in this section, the following terms have the meanings indicated:
Any bank, marsh, swamp, meadow, flat or other low land subject to tidal action in the Township of Lower along the Delaware Bay and the Coastal Inland Waterways and at any inlet, estuary or tributary waterway thereof, including those areas now or formerly connected to tidal waters where surface is at or below an elevation of one foot above local extreme high water.
Lands lying within the coastal wetlands are identified on a map entitled "Plan of Lands Affected, Wetland Map" (Index number 2-5, 1-5, 16 and 2-6), published by the State of New Jersey Department of Environmental Protection and filed with the Cape May County Clerk.
A use specifically permitted on coastal wetlands as provided in this chapter.
Any activity or use of wetlands specifically prohibited by the "Procedural Rules and Regulations" promulgated by the State Department of Environmental Protection to implement the Wetlands Act (N.J.S.A. 13:9A-1 et seq.).
Any activity or use of the wetlands conditioned upon the issuance of a Type A or Type B permit from the Commissioner of the State Department of Environmental Protection in accordance with the "Procedural Rules and Regulations" promulgated by the State Department of Environmental Protection to implement the Wetlands Act (N.J.S.A. 13:9A-1 et seq.).
C.
Permitted uses. The following general categories of uses shall be permitted subject to any restrictions promulgated by the State Department of Environmental Protection, and construction shall be subject further to site plan review by the Lower Township Planning Board and the issuance of a construction permit in accordance with the applicable requirements of this chapter:
D.
Prohibited uses. No person shall engage in or cause other persons to engage in prohibited activities. The following activities shall be prohibited:
(1)
Placing, depositing or dumping any solid waste, garbage, refuse, trash, rubbish or debris.
(2)
Dumping or discharging treated or untreated domestic sewage or industrial wastes, either solid or liquid.
(3)
Applying any pesticide on areas containing significant stands of high vigor Spartina alterniflora (salt marsh cord grass), Zizania aquatica (wild rice), Typha sp. (cattail), and Scirpus americanus (common three-square) as shown generally on the Coastal Wetlands Map.
(4)
The storage or disposal of pesticides.
(5)
Applying persistent pesticides.
E.
Type A regulated uses. No person shall hereafter engage in a Type A regulated activity until a permit has been issued by the Commissioner of the State Department of Environmental Protection and until the site plan for any construction is reviewed and approved by the Lower Township Planning Board and a construction permit is issued in accordance with the applicable requirements of this chapter. Type A uses include:
(1)
The cultivation and harvesting of naturally occurring agricultural or horticultural products. This provision shall not apply to the continuance of production of commercial salt, hay or other agricultural crops on land utilized for these purposes on the effective date of the Wetlands Act.[1]
[1]
Editor's Note: See N.J.S.A. 13:9A-1 et seq.
(2)
The excavation of a small boat mooring slip.
(3)
The maintenance or repair of bridges, roads, highways, railroad beds or the facilities of any utility or municipality. This provision shall not apply to emergency repairs necessitated by a natural disaster or a sudden and unexpected mechanical, electrical, or structural failure. Written notification of such repairs shall be provided to the Department of Environmental Protection within seven days after their initiation.
(4)
The construction of catwalks, piers, docks, landings, footbridges and observation decks, provided that such structures shall be built on pilings and the width of the structure shall not exceed twice the clearance between the structure proper and the surface of the wetlands.
F.
Type B regulated uses. No person shall hereafter engage in a Type B regulated activity until a permit has been issued by the Commissioner of the State Department of Environmental Protection and until the site plan for any construction is reviewed and approved by the Lower Township Planning Board and a construction permit is issued in accordance with the applicable requirements of this chapter. Type B uses include:
(1)
The installation of utilities.
(2)
Excavation of boat channels and mooring basins.
(3)
The construction of impoundments.
(4)
The construction of sea walls.
(5)
The diversion or appropriative use of water.
(6)
The use of pesticides except those applied directly to the skin or clothing of an individual for the purpose of repelling insects.
(7)
Driving or causing to pass over or upon wetlands any mechanical conveyance which may alter or impair the natural contour of the wetlands or the natural vegetation.
§ 400-26 (Reserved) [1]
[1]
Editor’s Note: Former § 400-26, R-5 Multiple-Family Residential, added by Ord. No. 83-39, was repealed 5-3-2010 by Ord. No. 2010-05.
§ 400-27 Airport hazard zones. [1]
[Added by Ord. No. 92-12]
A.
Purpose. The purpose and intent of this section is to adopt minimum standards for the control of airport and aeronautical hazards, and standards for land use adjacent to airports, in order to comply with N.J.A.C. 16:62.
B. AIRPARK AIRPORT AIRPORT HAZARD(1) (2) AIRPORT HAZARD AREA COMMISSIONER DEPARTMENT DEVELOPMENT DIRECTOR DIVISION PERSON STRUCTURE TREE
Definitions. As used in this section, the following terms have the meanings indicated:
Any area of land, adjacent to a public use airport, to be utilized as a combined single-family residence and aircraft storage facility.
Any area of land or water, or both, designed and set aside for the landing and taking-off of fixed wing aircraft, utilized or to be utilized by the general public for such purposes, publicly or privately owned, and licensed by the Commissioner as a public use airport or landing strip, or an area which has been determined by the Commissioner to be likely to be so licensed within one year of the determination.
Any use of land or water, or both, which may create a dangerous condition for persons or property in or about an airport or aircraft during landing or taking-off at an airport; or
Any structure or tree which obstructs the airspace required for the flight of aircraft in landing or taking-off at an airport.
Any area of land or water, or both, upon which an airport hazard might be created or established if not prevented as provided by this chapter.
The Commissioner of the Department of Transportation.
The Department of Transportation.
The construction, reconstruction, creation or establishment of any structure or planting of a tree.
The Director of the Division of Aeronautics.
The Division of Aeronautics.
Any corporation, company, association, society, firm, partnership, joint-stock company, individual, the state and all political subdivisions of the state or any agencies or instrumentalities thereof.
Any object constructed or installed by man, including, but not limited to, buildings, towers, smokestacks, chimneys, and overhead transmission lines.
An object of natural growth.
C.
No person shall build, rebuild, create or cause to be built, rebuilt or created any object or structure, or plant, or cause to be planted or permit to grow, any tree or vegetation which will interfere with, diminish, change or obstruct the airspace or landing and takeoff area available for the landing and takeoff of aircraft at public use airports.
D.
Nothing in this section shall require the removal or lowering of or other change or alteration of any structure or tree not conforming to the rules when this section was adopted, nor shall there be an interference with the continuance of any nonconforming use.
E.
No variance or other relief from the standards promulgated by this section may be granted to any person except upon the condition that a permit be issued by the Commissioner allowing the variance or relief.
F.
Airport hazard areas are delineated by the establishment of subzones of standard size around and off the ends of runways and airports open to the public.
(1)
An airport hazard area shall be established for each runway at an airport.
(2)
Each airport hazard area shall consist of a runway subzone, two runway end subzones, and two clear zones.
(3)
The runway subzone shall consist of a rectangle having the same center line and physical length of the runway, and having a width of 2,350 feet. The runway subzone is further graphically depicted in Figure 5.
(4)
The runway end subzones shall consist of trapezoids located at either end of the runway subzone along the flight approach and departure path.
(a)
Each runway end subzone shall extend 3,000 feet from the end of the runway subzone, as measured along the extended center line of the runway.
(b)
The base of the runway end subzone shall be defined by the end of the runway subzone and shall have a width of 2,350 feet. The width of the runway end subzone shall narrow as the distance from the end of the runway subzone increases. Its final width shall be 850 feet.
(c)
The runway end subzones are further graphically depicted in Figure 6.[2]
[2]
Editor's Note: Figure 6 is included at the end of this chapter.
(5)
The clear zones shall consist of trapezoids located within the runway end subzone along the flight approach and departure path.
(a)
Each clear zone shall extend 1,000 feet from the end of the runway subzone, as measured along the extended center line of the runway.
(b)
The base of the clear zone shall be collocated with the end of the runway subzone and shall have a width of 250 feet. The width of the clear zone shall increase as the distance from the end of the runway safety zone increases. Its final width shall be 450 feet.
(c)
The methodology used to delineate the clear zone of an airport hazard area is illustrated in Figure 7.[3]
[3]
Editor's Note: Figure 7 is included at the end of this chapter.
G.
Minimum obstruction standards are vertical standards measured in respect to elevations whose datum is the horizontal plane established by runway elevations, and not elevation above the natural grade of the land. This provision is graphically depicted in Figure 8.[4]
(1)
The vertical standards within the runway subzone of an airport hazard area are determined first by establishing the elevations at the runway center lines at the ends of the runway subzone of the airport hazard area. From those elevations at the runway subzone ends, a line is run 90º outward from each side of the runway center line for a distance of 125 feet. Within the area defined by these four points, no development is allowed above the natural grade of the soil except for runway and flight safety equipment.
(a)
The vertical standards within the remainder of the runway subzone of an airport hazard area are determined by establishing planes from the edges of the longitudinal zero foot development restriction line established in N.J.A.C. 16:62-3.2(b)1.ii, which slope upward and outward at a rate of seven feet horizontally to one foot vertically. This upward plane ceases when it reaches the outer longitudinal borders of the runway subzone of any airport hazard area at the elevation of 150 feet above its starting point at the longitudinal zero foot development line.
(b)
The methodology used to establish the vertical standards within the runway subzone of an airport hazard area is further graphically depicted in Figure 9.[5]
[5]
Editor's Note: Figure 9 is included at the end of this chapter.
(2)
The vertical standards within the runway end subzone of an airport hazard area are determined by first establishing a plane with a rising slope of one foot upward to 20 feet outward from the end of the runway subzone to the outermost end of the runway end subzone. This plane is bisected by the extended runway center line and is 250 feet in total width at its innermost dimension and widens uniformly along its three-thousand-foot length so as to have a total width of 850 feet at its outermost dimension where it intersects with the outermost portion of the runway end subzone at the elevation of 150 feet above its starting point at the zero foot development line.
(a)
The vertical standards within the remainder of the runway end subzone of an airport hazard area are determined by establishing sloping planes from the outermost longitudinal edges of the plane established in Subsection G(2) above. These planes rise upward at a rate of one foot upward to seven feet outward from the plane established in Subsection G(2) above to where they meet the outermost longitudinal boundaries of the runway end subzone at the elevation of 150 feet.
(b)
The methodology used to establish the vertical standards with the runway end subzone of an airport hazard area is further graphically depicted in Figure 10.[6]
[6]
Editor's Note: Figure 10 is included at the end of this chapter.
[4]
Editor's Note: Figure 8 is included at the end of this chapter.
H.
Permitted land uses within airport hazard zone.
(1)
Residential single-family dwelling units which are situated on a lot at least three acres in size and not located in a clear zone, and shall be further restricted to include all or part of the following lots, as plotted on the Airport Hazard Area Map:
Block 410.01 | Lot | 9.01 | |
10 | |||
11.01 | |||
18.01 | |||
24.02, 24.03 | |||
26.02, 26.03 | |||
27.28 | |||
29.01, 29.02, 29.03, 29.04 | |||
46.02 | |||
65.01 | |||
Block 433 | Lot | 10.02 | |
11 | |||
12 | |||
13 | |||
14.01, 14.02 | |||
Block 500.01 | Lot | 18 | |
19.01 | |||
Residential zoning is permitted in the clear zone as long as all dwellings are physically located outside of the clear zone. | |||
(2)
Airpark. (Minimum lot size of at least three acres which are not located in a clear zone.) Airpark shall be a permitted use in Block 410.01. Lots 36 and 37 only.
(3)
Open space.
(4)
Agricultural.
(5)
Transportation.
(6)
Airport.
(7)
Industrial. (Not located in a clear zone.) Industrial use shall be a permitted use in all or part of the following blocks and lots, as plotted on the Airport Hazard Area Map:
Block 500.01 | Lot | 1.02 | |
2, 3, 4, 5 | |||
55 | |||
Block 410.01 | Lot | 11.02 | |
19 | |||
30.01, 30.02, 31, 32, 33 | |||
34.01, 34.02 | |||
35, 36, 37 | |||
38.01 | |||
38.03 | |||
38.04 | |||
38.05 | |||
68, 69 | |||
85 | |||
99.01 | |||
99.02 | |||
99.03 | |||
Block 409 | Lot | 19.01 | |
18.01 | |||
17.04 | |||
17.01 | |||
16 |
(8)
GB, GB-1 General Business (not located in a clear zone). GB, GB-1, General Business, shall be a permitted use in all or part of the following blocks and lots, as plotted on the Airport Hazard Area Map:
[Added 5-21-2012 by Ord. No. 2012-13]
Block 410.01 | Lot | 36 | |
37, 37.01 |
(9)
Outdoor flea markets (not located in a clear zone). Outdoor flea markets shall be a permitted use in all or part of the following blocks and lots:
[Added 5-21-2012 by Ord. No. 2012-13]
Block 410.01 | Lot | 36 | |
37, 37.01 |
I.
Specifically prohibited land uses within airport hazard zone.
(1)
Residential (dwelling units) not situated on a lot of at least three acres in size.
(2)
Planned unit developments and multifamily dwellings.
(3)
Hospitals.
(4)
Schools.
(5)
Aboveground bulk tank storage of compressed flammable or compressed toxic gases and liquids.
(6)
Within the runway end subzones only, the aboveground bulk tank storage of flammable or toxic gases and liquids.
(7)
Uses that may attract massing birds, including landfills.
(8)
Above grade major utility transmission lines and/or mains.
J.
Prohibited land uses are specifically prohibited without the written approval of the Commissioner.
K.
A permit for the creation or expansion of a prohibited land use or vertical height development within an airport hazard zone may be issued by the Commissioner upon the review of a formal application.
(1)
A developer of a project requiring creation or establishment of a prohibited land use or vertical height development shall first apply for developmental approval from the Zoning Board. If the Zoning Board approves of the development, that approval shall be conditioned on the developer applying for and receiving a permit from the Commissioner in accordance with N.J.A.C. 16:62-6. Construction, development, or creation of any prohibited land use shall not commence until a permit has been issued by the Commissioner.
(2)
An application for a permit will only be considered by the Department if accompanied by a letter from the Zoning Board requesting the permit.
(3)
Permit applications shall be submitted according to the requirements listed in N.J.A.C. 16:62-6.3.
L.
Existing land uses not in conformance with the New Jersey Air Safety and Hazardous Zoning Act of 1983[7] may be permitted to continue upon the lot or in the structure so occupied in compliance with § 400-33, Nonconforming lots, structures and uses.
[7]
Editor's Note: See N.J.S.A. 6:1-80 et seq., retitled "Air Safety and Zoning Act of 1983."
[1]
Editor's Note: All figures referred to in this section may be found at the end of this chapter.