Margate City City Zoning Code
ARTICLE V
Zoning
§ 175-29 Zoning districts.
A.
Purpose. The purpose of this zoning article is to implement the goals, objectives and recommendations contained in the City of Margate 2017 Master Plan.
B.
Establishment of zones. For the purposes of this article, the City is hereby divided into 14 districts as follows:
[Amended 10-4-2012 by Ord. No. 16-2012; 1-31-2013 by Ord. No. 01-2013; 8-15-2013 by Ord. No. 17-2013; 10-4-2018 by Ord. No. 24-2018]
S-60 | Single-Family Residential |
S-60-WF | Single-Family Residential |
S-50 | Single-Family Residential |
S-40 | Single-Family Residential |
S-40-WF | Single-Family Residential |
S-30 | Single-Family Residential |
S-25 | Single-Family Residential |
S-25 (HD) | Historic Single-Family Residential |
TF | Two-Family Residential |
MF | Multi-Family Residential |
CBD | Central Business District |
C-1 | Commercial |
C-2 | Commercial/Business |
WSD | Waterfront Special District |
R | Riparian |
WAPC | Washington Avenue Pedestrian Corridor |
I | Institutional Use |
B | Beach |
C.
Zoning Map. The location and boundaries of the above districts are hereby established on the Zoning Map of the City of Margate in Atlantic County dated September 2018, which is filed in the office of the City Clerk. Said map or maps and all notations, references and designations shown thereon shall be part of this article as if the same were all fully described and set forth herein.[2]
[Amended 9-24-2006 by Ord. No. 2006-26; 10-4-2018 by Ord. No. 24-2018]
[2]
Editor's Note: The Zoning Map is also included as an attachment to this chapter.
D.
Interpretation of zone boundaries. Whenever an uncertainty or ambiguity exists as to the true location of any boundary line of any zone shown on the Map, the following rules shall apply:
(1)
The zone boundary lines are intended generally to follow street center lines, existing lot lines, center lines of railroad right-of-way, waterways, sewer and utility easements or as otherwise indicated on the Zoning Map.
(2)
Where a zone boundary line does not coincide with any such line as above set forth, its location or relation to another boundary line shall be as designated on said Zoning Map by means of figures or dimensions expressing distance in feet from a street side line or other boundary line.
(3)
In cases of uncertainty or disagreement as to the true location of any zone boundary line, the determination thereof shall be with the Planning Board.
[Amended 10-4-2018 by Ord. No. 24-2018]
(4)
All City-owned beachfront parcels or portion thereof contiguous and landward of existing bulkheads designated on the Zoning Map as B (Beach) shall, upon termination of government ownership, be considered designated the same zone as the contiguous nongovernmental owned parcel. The adjacent zones are S-30, S-40, CBD, and MF.
[Added 2-1-2018 by Ord. No. 03-2018; amended 10-4-2018 by Ord. No. 24-2018]
E.
Schedule of permitted uses. The schedule of permitted, conditional and accessory uses is contained in Schedule A and is hereby made part of this chapter.[3]
[3]
Editor's Note: Schedule A, containing the Schedule of Uses for Residential Districts and the Schedule of Uses for Nonresidential Districts, is included as an attachment to this chapter.
F.
Schedule of Area, Yard and Building Requirements. The Schedule of Area, Yard and Building Requirements is contained in Schedule B and is hereby made part of this chapter.[4]
[4]
Editor's Note: Schedule B, containing schedules of standards for residential and nonresidential districts, is included as an attachment to this chapter.
G.
Permitted uses. This zoning article shall be viewed as permissive. After the adoption of this chapter, no uses or structures shall be permitted in the City which are not listed as a permitted, accessory or conditional uses or unless permitted by the Zoning Board of Adjustment.
H.
Conditional uses. Notwithstanding compliance with specific conditional use standards hereinafter set forth, conditional uses shall require site plan approval by the appropriate board.
J.
All applicants for land use approvals and/or building permits are hereby advised that the City has used the best information available to it to provide owners/builders with guidance as to current FEMA requirements and standards but that development decisions are to be made by individual applicants based on their own due diligence. As such, applicants are advised that they proceed at their own risk.
[Added 1-31-2013 by Ord. No. 01-2013; amended 8-15-2013 by Ord. No. 17-2013]
§ 175-30 Supplementary regulations.
A.
General.
(1)
No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used for any purpose or in any manner other than as specified among the uses listed as permitted, accessory or conditional in the district in which such building or land is located.
(2)
No building or structure shall be erected, reconstructed or structurally altered to exceed in height the limit designated in the district in which such building or structure is located.
(3)
No building or structure shall be erected, no existing buildings or structures shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the yard, lot area and building location regulations hereinafter designated for the district in which such building or open space is located.
(4)
The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this article, and, if already less than the minimum required by this article, said area or dimension shall not be further reduced.
(5)
The provisions and restrictions contained in this article shall not apply to or be binding upon the City of Margate.
(6)
This Chapter 175 shall be read in conjunction with City Code Chapter 145 (Flood Damage Prevention). Conflicting provisions between these two chapters related solely to flood prevention and related design and construction shall be resolved in favor of Chapter 145, as same may be amended from time to time.
[Added 1-31-2013 by Ord. No. 01-2013]
B.
Yard regulations.
(1)
Required yards.
(a)
Every lot shall include front, side and rear yards having the areas and dimensions required within the particular zone in which said lot is located.
(b)
No yard or other open space provided for any building for the purpose of complying with the provisions of this article shall be considered as providing a yard or other open space for any other building on any other lot.
(c)
No land in a residential zone shall be used to fulfill open space, minimum areas, minimum yard and setback requirements, parking or other similar requirements for uses in nonresidential zones.
(2)
Front yards on corner lots. Where a lot is bounded by more than one street and is a corner lot as defined in this chapter, the front yard setback requirements for the zone shall be satisfied with respect to each abutting street. All other yards shall be considered side yards.
(3)
For all beachfront lots containing a bulkhead, the southerly side of the property, running generally parallel to Atlantic Avenue, shall be considered a side yard, and the side yard setback shall be measured from the outside face of the bulkhead sheeting.
[Added 5-5-2016 by Ord. No. 09-2016]
C.
Projections and encroachments. Yards and courts required by this article shall be free of buildings, structures or parts thereof, except permitted accessory structures, and no building or structure shall project into any front, side or rear yard required by this article, nor shall use be made of such yard, except as follows:
(1)
Windowsills, cornices, bay windows and other architectural window treatments may project into the front, rear or larger side yard by no more than two feet, provided that the sum of all projections on any building facade, combined with any projected features from Subsection C(2) below shall not exceed 15% of the total area of that facade.
[Amended 4-3-2008 by Ord. No. 12-2008]
(2)
Chimneys and fireplaces may project into a rear or side yard by not more than two feet; provided, however, that no projection shall be permitted into a side yard of less than seven feet. The sum of all projections on any building facade by chimneys and flues combined with projected features from Subsection C(1) above shall not exceed 15% of the total area of that facade.
(4)
Stairs, canopies and awnings.
[Amended 1-31-2013 by Ord. No. 01-2013; 8-15-2013 by Ord. No. 17-2013]
(a)
Projections by stairs to the first floor (only) where not required pursuant to Subsection C(4)(b) below, canopies, and fixed or operational awnings shall be limited to five feet, but in the front yard they may not extend closer than two feet to the front property line.
(b)
Stairs, steps, ADA-compliant ramps and related elements providing access to the first floor (only), where necessary to conform with BFE lowest floor requirements, may project into any setback, up to but in no case beyond the property line.
(5)
Balconies, single-story porches, second-story porches and decks of any kind must meet the principal building setback standards, as set forth in Schedule B-1,[1] under "Minimum front yard," except that stairs, steps, ADA-compliant ramps and related elements providing access to the first floor (only), where necessary to conform with BFE lowest floor requirements, may project into a yard in accordance with Subsection C(4) herein.
[Amended 1-31-2013 by Ord. No. 01-2013; 8-15-2013 by Ord. No. 17-2013; 8-7-2014 by Ord. No. 28-2014]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(6)
Wheelchair ramps shall not be subject to any yard requirements.
(7)
There shall be no outdoor stairs providing access to second stories in single-family zones, except that for all bay front, canal front, lagoon front, and beach front lots, projections by stairs are permitted only on the water side to extend to the second floor level, but not above.
[Amended 5-5-2016 by Ord. No. 09-2016]
(8)
Decorative masonry foundation walls up to the finished first floor and projecting no more than four inches are permitted.
[Added 9-24-2006 by Ord. No. 2006-26; amended 10-4-2018 by Ord. No. 24-2018]
(9)
Roofs may project beyond a building wall, provided no part of any roof shall be closer than three feet to any property line; this includes the overhang plus any associated leaders, gutters or other attachments.
[Added 4-3-2008 by Ord. No. 12-2008]
D.
Driveways.
[Added 9-24-2006 by Ord. No. 2006-26; amended 10-4-2018 by Ord. No. 24-2018]
(1)
On corner lots: Driveways shall be required to be located on north-south streets (i.e., generally parallel to Jerome Avenue) and a minimum of 10 feet from the corner and one foot from any side lot line. Exceptions to driveways being on north-south streets:
[Amended 1-16-2020 by Ord. No. 14-2019]
Burk Avenue | |||
Marshall Avenue | |||
Lagoon Drive at Jerome Avenue | |||
Harbor Lane | |||
Wellington Avenue | |||
Amherst Avenue from North Argyle Avenue to Fredericksburg Avenue | |||
Oak Grove Avenue | |||
Dolphin Drive | |||
Salem Road | |||
Fremont Avenue from North Exeter Avenue to Fredericksburg Avenue | |||
Fremont Avenue from North Wilson Avenue to North Thurlow Avenue | |||
Fremont Avenue from North Rumson Avenue to North Pembroke Avenue | |||
Fulton Avenue from North Union Avenue to North Thurlow Avenue | |||
Fulton Avenue from North Rumson Avenue to North Pembroke Avenue | |||
All streets that are one block or less in length (i.e., Brunswick Drive, Colmar Circle) | |||
(2)
Other than corner lots: Driveways shall be set back a minimum of one foot from the property line.
(3)
On lots with alternate access (rear access): Driveways shall be located on the rear access only.
(4)
Single residential driveways shall be a maximum of 10 feet wide and limited to one per lot. All lots less than 40 foot of frontage shall be limited to one ten-foot-wide curb cut.
[Amended 1-16-2020 by Ord. No. 14-2019; 8-3-2023 by Ord. No. 10-2023]
(a)
All garage doors shall be a minimum of 18 feet from the right-of-way line, intersecting property line or easement line.
(5)
Double residential driveways shall be a maximum of 18 feet wide and must be continuous with no gaps. Double wide (eighteen-foot-wide) driveways shall only be permitted on lot frontage of 40 feet or greater.
[Amended 1-16-2020 by Ord. No. 14-2019; 8-3-2023 by Ord. No. 10-2023]
(a)
All garage doors shall be a minimum of 18 feet from the right-of-way line, intersecting property line or easement line.
(6)
Ribbon driveways:
(a)
Shall only be permitted on private property and between the back of the sidewalk and property line within the right-of-way.
(b)
Each ribbon shall be two feet wide and separated by a three-foot grass strip.
(c)
Shall be constructed of NJDOT Class “B” concrete a minimum of six inches thick or concrete pavers specifically designed for use with vehicles on a one-inch sand bedding on six inches of dense graded aggregate base course (minimum) or six inches of NJDOT Class “B” concrete (minimum).
(d)
May use artificial turf between the strips if area is constructed on a twelve-inch-deep crushed stone based wrapped in filter fabric, has a sand base and is pervious. The turf must be of high-grade material with a minimum pile height of three inches. Artificial turf may only be used within the driveway wheel strips. This turf will count as landscaping by definition.
[Added 8-3-2023 by Ord. No. 10-2023]
(e)
Alternately, porous pavers including travertine, with 1/2 inch gaps on a stone and sand base will count as 50% credit for landscaping.
[Added 8-3-2023 by Ord. No. 10-2023]
§ 175-31 Principal buildings.
A.
Only one principal building may be erected on a lot except for related buildings forming one principal use in accordance with an approved plan and limited to the following:
§ 175-32 Height exceptions.
A.
Appurtenances attached to principal structures other than one- and two-family residential buildings. Church spires, belfries, cupolas and similar architectural features, flues, penthouses (not for human occupancy), chimneys, ventilators, skylights, water tanks, bulkheads and necessary mechanical appurtenances usually carried above roof level shall not be considered when determining the height of the building and are not subject to height limitations, except that:
(1)
Such features shall not exceed a height of 10 feet above the highest point of the roof.
(2)
Mechanical equipment shall be screened from public view.
(3)
The aggregate area covered by all such features shall not exceed 10% of the area of the roof measured in plan view.
(4)
The above features shall not be used for human occupancy.
B.
Chimneys attached to one- and two-family residential buildings shall not extend five feet above the highest point of the roof.
C.
Water towers and radio and television antennas which are erected as freestanding structures may be erected to a height which can be demonstrated to the Board as necessary to accomplish their intended function. Federally licensed amateur radio facilities shall be subject to Federal Communications Commission (FCC) rules which govern the height of licensed amateur operator radio antennas. The height of the tower or antennae shall conform with U.S. Federal Communications Commission Regulations governing licensed amateur radio operators and, if required, Federal Aviation Administration (FAA) notification and FCC approval. All freestanding noncommercial accessory structures shall not be located within any required front, side or rear yard setback areas and shall be subject to the structural provisions of the New Jersey Uniform Construction Code.
D.
Flagpoles may be affixed to a principal structure with the uppermost component thereof not to exceed the maximum height permitted for principal structures in the district. Flagpoles may be attached to the side of principal structures or freestanding, no more than five feet from a principal structure, with the uppermost component thereof not to exceed the maximum height permitted for principal structures in the district. Freestanding flagpoles which are greater than five feet from a principal structure shall be permitted, provided that the uppermost component thereof does not exceed the maximum height for accessory structures in the district. Flagpoles must comply with setback requirements for accessory structures in the district.
E.
Height exceptions for residential buildings.
[Added 1-31-2013 by Ord. No. 01-2013; amended 8-15-2013 by Ord. No. 17-2013]
(1)
Schedule B-1 (175 Attachment 4) provides, in pertinent part, for specific building heights and roof pitch for residential buildings. Such regulations are designed to provide for appropriate building height and architecture based on required lowest floor elevations.
(2)
FEMA base flood elevations for the one-percent flood event increase the minimum lowest floor elevation in certain parts of the City to a point where it may no longer be possible to create proper crawl spaces and still achieve the required height and/or roof pitch.
(3)
Until such time as this chapter is amended to conform with final FIRM mapping and related regulations, determination of "minimum extent necessary to achieve proper crawl space clearance" shall be made by the Planning Board.
[Amended 10-4-2018 by Ord. No. 24-2018]
(4)
Elevator shafts may extend above the roof peak no more than two feet. Elevator shafts shall be architecturally pleasing and shall not be an extension of a room or inhabited space. Any roof on the elevator shaft shall comply with minimum roof pitches.
[Added 11-2-2017 by Ord. No. 17-2017]
(5)
Building heights in the S-25, S-30, S-40, S-40WF, S-50, S-60, S-60WF, TF and MF Districts shall permit, for 30 feet of building height regardless of plate height. Therefore, building heights of 30 feet shall be permitted in all zones other than S-25( HD) measured from base flood elevation plus four feet of freeboard or if parking below is provided, nine feet from grade. Grade shall have allowances for drainage towards the street.
[Added 11-2-2017 by Ord. No. 17-2017; amended 10-4-2018 by Ord. No. 24-2018; 11-5-2020 by Ord. No. 12-2020]
(6)
The maximum allowable roof pitch is 14:12 and the minimum roof pitch remains at 5:12. Dormer requirements and 1/2 story requirements remain the same.
[Added 11-2-2017 by Ord. No. 17-2017]
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§ 175-33 Accessory structures and uses.
B.
The following requirements shall be complied with in all residential zones:
(1)
No accessory building shall be used for human habitation.
(2)
Except as specifically permitted elsewhere in this article, no accessory building or structure (except for detached garages) shall exceed nine feet in height above adjacent finished grade.
[Amended 9-24-2006 by Ord. No. 2006-26]
(3)
No accessory building shall be located closer to a right-of-way line than the principal building. On corner lots, accessory buildings shall not be located closer to a street than the minimum front yard requirements for the district.
(4)
A one-foot setback is required for an accessory building. The setback shall be measured to the face of the building or any roof overhang, whichever is closer to the property line. No encroachments or drainage on adjacent properties are permitted.
[Amended 9-24-2006 by Ord. No. 2006-26; 10-4-2018 by Ord. No. 24-2018]
(5)
There shall not be more than two accessory buildings on a lot; however, there shall not be more than one storage shed on a single-family lot, nor more than two storage sheds on a duplex lot.
[Amended 4-3-2008 by Ord. No. 12-2008]
(6)
No accessory building in a residential district shall have a floor area greater than 80 square feet.
(7)
Single-car detached garages shall be permitted in all residential districts with the exception of waterfront properties in the SF-60-WF and SF-40-WF Districts. Single-car and two-car garages shall be permitted in the S-30 District (south of Atlantic Avenue), S-40 District (south of Ventnor Avenue), S-60 District (abutting Ventnor Avenue and south of Ventnor Avenue) and the MF District (west of Vendome Avenue). Where parking is provided under the building, no detached garages shall be permitted on the property. The following standards shall apply.
[Amended 9-24-2006 by Ord. No. 2006-26; 4-3-2008 by Ord. No. 12-2008; 10-4-2018 by Ord. No. 24-2018]
(a)
A maximum size of 250 square feet for a single-car garage; a maximum size of 450 square feet for a two-car garage.
(b)
A maximum height of 14 feet to the highest point of the coping of a flat roof, or the highest gable of a pitched roof.
(c)
No flat roof; maximum eave height of nine feet and a minimum roof pitch of 5 on 12.
(d)
A one-foot setback is required from the side and rear property lines. The setback shall be measured to the face of the building or any roof overhang, whichever is closer to the property line. No encroachments or drainage on adjacent properties are permitted.
(e)
The garage shall not count in principal building coverage unless the property utilizes the allowances for building height to provide parking below the principal structure. Detached garages will count as building coverage if parking is provided below the principal structure.
(f)
Garages shall be located no further forward than 26 feet from the rear lot line. The twenty-six-foot dimension shall be measured from the rear lot line to the front wall of the garage.
[Amended 5-5-2016 by Ord. No. 09-2016]
(g)
No garage wall shall be closer than three feet to any adjacent principal structure on the same lot.
C.
The following requirements shall be complied with in all nonresidential zones:
(1)
Except as specifically permitted elsewhere in this article, no accessory building or structure shall exceed eight feet or be more than one story in height above adjacent finished grade.
(2)
No accessory building or structure shall be permitted in any front yard.
(3)
Accessory buildings shall be set back a minimum of five feet from the rear lot line and four feet to a side lot line.
D.
Requirements for specific accessory structures and uses.
(1)
Home occupations. Home occupations shall be permitted as accessory uses in all single-family residential zones and shall be exempt from approval by the Planning Board or Zoning Board of Adjustment if the following standards are satisfied. A zoning permit is required.
(a)
The practitioner must be the owner of the residence in which the home occupation is contained.
(b)
The practitioner must reside in the home.
(c)
There are no nonresident employees working on the premises.
(d)
There is no external evidence of the home occupation.
(e)
There are no retail sales or direct customer services conducted on the site.
(f)
No clients will visit the site.
(g)
There is no sign identifying the home occupation, and there is no identification of such home occupation upon any mailbox.
(h)
There are no delivery vehicles other than those associated with the residential use on site.
(i)
The home occupation is clearly incidental and subordinate to the principal use of the dwelling for residential purposes. The maximum area devoted to the home occupation shall be limited to not more than 25% of the total area of the floor where located, excluding space used for a private garage or 400 square feet, whichever is smaller.
(j)
No equipment or process shall be used in such home occupation which creates noise, glare, fumes, odors, electrical interference, medical waste or other nuisance factors detectable to the normal sense or to radio, telephone or television equipment off the lot.
(2)
Outdoor storage. Outdoor storage of any kind is prohibited within the front yard or in a side yard adjoining a street.
(3)
Decks and patios.
[Amended 9-18-2008 by Ord. No. 36-2008; 12-3-2009 by Ord. No. 32-2009; 5-5-2016 by Ord. No. 09-2016]
(a)
All lots.
[1]
Decks and patios 10 inches or less above existing, preconstruction grade may be located anywhere in the rear yard and side yards.
[2]
Decks and patios and stairs above 10 inches and up to 18 inches above existing, preconstruction grade shall be set back a minimum of three feet from the property line in the rear yard and side yard.
(b)
All nonwaterfront and nonbeachfront lots:
[1]
Decks and patios over 18 inches above existing, preconstruction grade must meet the required yard setbacks for principal buildings.
(c)
All lots on Beach Thoroughfare, Orient Canal, Sunset Canal and Bayshore Lagoon:
[1]
Decks and patios located in the rear yard are permitted at one foot eight inches above base flood elevation, per FEMA FIRM map dated May 30, 2014, or any more current update of this mapping.
[2]
Decks may extend waterward of the bulkhead with NJDEP approval.
[3]
Decks above 18 inches from existing adjacent grade are not permitted within the rear yard where the projected side yards and rear yards would coexist:
[Added 10-6-2016 by Ord. No. 23-2016]
[4]
No rear yard decks above 18 inches from existing adjacent grade shall be permitted beyond the building envelope into any projected side yard.
[Added 10-6-2016 by Ord. No. 23-2016]
[5]
Steps required to access the rear-yard decks are permitted to encroach within the projected side yard. One four-foot-by-four-foot landing is permitted to change direction on one side only.
[Added 10-6-2016 by Ord. No. 23-2016]
[6]
Side yards shall be unoccupied and unobstructed from the ground upward, except as may be permitted elsewhere in this chapter.
[Added 10-6-2016 by Ord. No. 23-2016]
(d)
All beachfront lots:
[1]
Decks and patios located in the beachfront side yard are permitted at one foot eight inches above base flood elevation, as shown on FEMA Preliminary FIRM Maps dated May 30, 2014, or any more current update of this mapping.
[2]
Decks, patios and stairs over 18 inches above existing, preconstruction grade must meet the required rear yard setbacks for principal buildings.
(e)
All lots oceanward of Atlantic Avenue.
[Added 10-4-2018 by Ord. No. 24-2018[1]]
[1]
Third-floor decks shall be permitted.
[2]
All beachfront lots may have third floor decks facing the beach or water that will not be required to be located within the building setbacks but shall comply with the setbacks for decks.
[Added 11-5-2020 by Ord. No. 12-2020]
[1]
Editor's Note: This ordinance also redesignated former Subsection D(3)(e) as Subsection D(3)(f).
(f)
[2]General design standards.
[1]
Fill is permitted, provided that stormwater runoff will not be directed to adjacent properties or that the flow of stormwater runoff from adjacent properties will not be impeded.
[2]
Fill will be permitted to a maximum height of the bulkhead and may be sloped from the building to the bulkhead at a 1/4 inch per foot (2.08%), unless otherwise required by the New Jersey Uniform Construction Code.
[3]
All decks and patios at or below finished floor elevations shall allow penetration of water.
[4]
The following shall be permitted: decks with spacing between boards and no impervious surface below; brick pavers laid in sand or stone dust with no impervious layer below.
[5]
Bituminous concrete and monolithically poured concrete patios are prohibited.
[2]
Editor's Note: Former Subsection D(3)(f), Approval of new homes, major home renovations, decks in the side or rear yard and bulkheads on the Inside Thoroughfare, Orient Canal, Sunset Canal and Bayshore Lagoon, was repealed 10-4-2018 by Ord. No. 24-2018.
(g)
The application for the permit for new homes, major home renovations, decks and grade changes in the rear or side yard and bulkheads on the Inside Thoroughfare, Orient Canal, Sunset Canal and Bayshore Lagoon shall be accompanied by a plot plan, containing at a minimum the following information:
[1]
The lot dimensions based upon survey information.
[2]
The location of all existing and proposed structures on the property in question.
[3]
Existing and proposed elevations, including finished floor elevation of the building, deck elevations and bulkhead elevations.
[4]
Locations of structures on adjacent properties within 20 feet of the common property line.
[5]
The finished floor elevation of the existing adjacent buildings.
[6]
Existing elevations on the adjacent bulkheads and decks and existing grades where no decks exist and existing grades beneath existing decks.
[7]
All elevations are to be referenced to NAVD 1988.
(h)
As-built plans shall be required to be submitted to the City Engineer for review for new homes, major home renovations, decks and grade changes in the rear or side yard and bulkheads on the Inside Thoroughfare, Orient Canal, Sunset Canal and Bayshore Lagoon at the completion of construction in order to determine compliance with this section.
(4)
Outdoor showers.
[Amended 10-4-2012 by Ord. No. 16-2012]
(a)
Outdoor showers shall be a permitted accessory use in all residential zones.
(b)
"Shower" shall be defined as consisting of a plumbing fixture containing a shower head to which water flows with a cold and/or hot water hookup for the purpose of rinsing.
(c)
All showers shall have drainage. Runoff from showers shall not be permitted to discharge to adjacent properties.
[Amended 10-4-2018 by Ord. No. 24-2018]
(d)
All showers and enclosures may be no greater than 9.0 feet in height as measured from the ground nor greater than 32 square feet in area.
[Amended 10-4-2018 by Ord. No. 24-2018]
(e)
A shower enclosure shall be no closer than 3.0 feet to the side and rear lot boundary line.
(f)
No shower enclosure shall be situate in the front of the principal structure or in the front yard.
[Amended 10-4-2018 by Ord. No. 24-2018]
(5)
Swimming pools/hot tubs/spas.
(a)
Only one pool and one hot tub/spa shall be permitted per single-family residence.
(b)
The water edge of the pool and hot tub/spa shall be a minimum of six feet from the side and rear lot lines and shall not be located in the front yard if the hot tub/spa are one unit with the pool. Above grade hot tubs and spas with locking lids where not connected to a swimming pool may be setback three feet from a property line and may have two of the four sides against the principal or accessory structure such as a garage or shed.
[Amended 2-5-2015 by Ord. No. 01-2015; 11-5-2020 by Ord. No. 12-2020]
(c)
No fencing shall be located in the front yard.
(d)
Machinery shall be housed in a noise-reducing structure and shall be set back at least five feet from the rear and 10 feet from the side property line. Pool equipment/machinery may be mounted within a detached garage and not be required to meet the setback requirements, provided that the parking space is maintained and the construction meets or exceeds all construction code requirements. The garage shall be considered a noise-reducing structure.
[Amended 11-16-2017 by Ord. No. 18-2017]
(e)
All private swimming pools shall only be located in a side or rear yard.
(f)
On any corner lot, no part of any private swimming pool shall be constructed within the front yard area required to be provided on either street.
(g)
Artificial lights used or maintained in connection with a private swimming pool shall be so located and shielded that the illumination is not directed upon any adjacent property.
(h)
No private swimming pool shall be used other than as an accessory use of the premises whereon it is located.
(i)
Any buildings or structures erected in conjunction with a swimming pool shall comply with the provisions of accessory structures.
(j)
Private swimming pools and hot tubs/spas intended for use of building residents, provided that adequate fencing, with lock, shall be utilized to prevent unauthorized use and to prevent danger to neighborhood children. Such fencing shall surround the pool and hot tub/spa itself, the yard in which it is located or the entire property. The precise location of the fence shall be approved, prior to issuance of a building permit, by the Zoning Officer, based on satisfaction of the safety purposes of the fence as well as minimizing the visual impact of the fence on surrounding neighbors and from the street. In making this determination, the Zoning Officer may consider a legal principal or accessory building as part of the total enclosure of the pool area.
[Amended 12-3-2009 by Ord. No. 32-2009]
(k)
Swimming pools and hot tubs/spas as permitted herein must be located on the lot in such a way that no part of the fence required to surround it shall be located nearer the front lot line than the front setback requirement for principal structures established for the district or 10 feet, whichever is greater. All swimming pools shall maintain a minimum three-foot clearance from the water’s edge outward from the pool to any vertical structure at or above grade.
[Amended 11-16-2017 by Ord. No. 18-2017]
(l)
The fence surrounding swimming pools and hot tubs/spas shall be no less than five feet and no more than six feet above finished grade. The fence must be structurally suitable to deter access to the pool, having no openings, holes or gaps larger than four inches in any direction, including gates, and designed so as not to permit an easy toehold to climb over it. The fence shall be constructed of weather-resistive materials and shall be assembled or fabricated with sufficient rigidity to prevent substantial alteration or deformation of the lawful openings, holes or gaps.
[Amended 9-24-2006 by Ord. No. 2006-26; 2-5-2015 by Ord. No. 01-2015; 11-16-2017 by Ord. No. 18-2017]
(m)
All outdoor gates or doors opening through the fence enclosure shall be equipped with a self-closing and self-latching device designed to keep and capable of keeping such door or gate securely closed at all times when not in actual use, and such outdoor gates or doors shall remain locked at all times the pool or hot tub/spa is not in use.
(n)
The sides of a pool or hot tub/spa constructed above or partly above grade level shall be considered in satisfaction of the fencing requirement herein only with the approval of the Construction Code Official who shall make such determination based on safety consideration and aesthetics.
(o)
In the construction of any pool and hot tub/spa and surrounding site work, whether said pool and hot tub/spa is in or above the ground, the elevation of the site may not be changed without approval of the Construction Code Official, who will confer with the City Engineer in making the decision to determine that the proposed elevation change is not detrimental to the adjoining properties or to the public right-of-way with regard to acceptable engineering standards for water runoff and drainage or with regard to land use impact on neighboring properties.
(p)
For beachfront and bayfront properties, no setback is required to the bulkhead.
[Added 5-5-2016 by Ord. No. 09-2016]
(6)
Air conditioning compressors and standby emergency generators.
[Amended 10-4-2018 by Ord. No. 24-2018]
(7)
Restricted vehicle use.
(a)
Restricted vehicles hereinafter defined shall be prohibited from parking on private or public property in order to carry out the objectives of the Master Plan of the City of Margate City, specifically, to maximize the amount of on-street parking available to lessen congestion in the streets; to provide adequate air, light, circulation and open space on public and private properties; to provide for the maximum possible enhancement and preservation of the visual and aesthetic quality of the environment; and to regulate the temporary overcoverage of lot area and misuse of side areas and other open spaces in violation of the objectives of the Master Plan.
(b)
Restricted vehicles defined. A "restricted vehicle" is defined as any motor vehicle which exceeds 850 cubic feet in size, measured as follows:
(c)
Regulation of restricted vehicles. All restricted vehicles shall be prohibited from parking anywhere in Margate City on private property, public property or public rights-of-way, at any time, except as follows:
[1]
Any restricted vehicle may be serviced at a legal service station, so long as said vehicle does not obstruct access by other vehicles into or within the site nor sight lines along streets and at intersections. All parts of restricted vehicles being serviced must be off of the public right-of-way. There shall be a limitation of outdoor storage at service stations of 72 hours. Restricted vehicles may be parked in said service station only for servicing.
[2]
Any restricted vehicle shall be permitted to be parked within a legal, totally enclosed garage structure.
[3]
Restricted vehicles providing delivery of goods or services may be parked in legal parking spaces only for the purpose of providing the service or delivery of goods and only as long as is necessary to complete the delivery. This would include the parking of vehicles of local business establishments during the normal business day on the street in a legal space during the course of the normal business day in accordance with time restrictions established by the City.
[4]
After business hours, restricted vehicles associated with a particular legal commercial business establishment in the commercial district of the City may park off of the street in a legal off-street parking space of the particular business establishment to which the vehicle belongs.
[5]
Public bus company vehicles are excepted from the restrictions hereof within legal turnaround areas and waiting zones.
[6]
Charter buses may pick up and discharge passengers, but in so doing may remain on a public street no more than one hour and may run a motor no more than 15 minutes. Pickup and discharge areas shall be only those areas where designated by the Margate City Police Department.
[7]
Police, fire and other municipal vehicles, as well as county, state and federal vehicles and vehicles of other public bodies and utility companies, shall be exempted from the restrictions hereof, provided that they are fulfilling legitimate governmental or public functions.
[8]
Construction vehicles and construction trailers shall be exempted from the restrictions hereof with written permission of the Zoning Officer or during daylight hours if operating at a job site.
[Amended 12-3-2009 by Ord. No. 32-2009]
[9]
Any restricted vehicle may park on the public street near the home of the owner for no more than one hour in any twenty-four-hour period to remove money or for personal reasons but not for repair, changing oil, cleaning, washing, waxing or servicing said vehicle.
[10]
Recreational vehicles, campers, house trailers and mobile homes shall be permitted in legal on-street parking areas between the hours of 6:00 a.m. and 10:00 p.m.
(d)
Approval of curb cuts and driveways. No curb cut, driveway or other construction permitting the crossing of a sidewalk, pedestrian way or passage from a cartway onto any private property by a motor vehicle, motorcycle or self-propelled vehicle shall be permitted without first receiving written approval from each of the following City officials: the City Engineer, Building Inspector, Fire Chief and Police Chief. If any of the officials denies the application, no permit shall be issued. Appeals from a decision may be taken in accordance with N.J.S.A. 40:55D-70a.
[1]
Criteria to be used by the officials in making a decision shall include, but not be limited to, public safety; pedestrian and traffic safety; public nuisances, drainage and runoff problems on the site, the sidewalk, the cartway or neighboring property; interference with public utilities or transit; noise; fire safety; and administrative issues that are particular to the responsibilities of the officials.
[2]
Where a building permit will be issued without Zoning Board or Planning Board action, a permit for a curb cut/driveway shall be required in conjunction with the application for the building permit.
[3]
Where Zoning or Planning Board approval is necessary for the issuance of a building permit, a curb cut/driveway permit must also be obtained. Failure to obtain a curb cut/driveway permit will void any of the Board approvals.
[4]
The application of this section includes all curb cut driveways not in use at the time of this chapter.
[5]
Excluded from these requirements are single-family homes and duplex homes.
[6]
Trailers, mobile homes and recreational vehicles:
[a]
Trailers, mobile homes, recreational vehicles and campers and similar forms of temporary and portable residency shall not be permitted to be stored out of doors anywhere in the City of Margate City due to the clear danger to life and property by virtue of potential stormwater impact, high winds and other elements of storms and floods. This provision is in accordance with 1985 reports of the New Jersey Department of Environmental Protection.
[b]
No trailer, mobile home, recreational vehicle or camper, etc. shall be permitted anywhere in Margate City for the purpose of office space, commercial space, dwelling space or storage of supplies and materials.
[c]
Trailer courts or parks for residential or commercial activities are prohibited.
[d]
Contractors, trailers and equipment and portable toilets shall be permitted on construction sites for storage of construction equipment and for use as field offices only. The trailer and/or equipment may be placed on the site no earlier than the date a building permit is issued and must be removed before the certificate of occupancy is issued. In the event that the building permit is voided, canceled or in any way declared invalid, the trailer, equipment, etc., must be removed immediately. In addition, an application and permit must be obtained from the Construction Code Official for placement of the items for a period not to exceed six months. If equipment, etc., is to be placed in a public right-of-way, an additional permit from the Police Department must be obtained.
(8)
Parking and storage of motor vehicles.
(a)
The outside storage of any vehicle which is unregistered, inoperable or dismantled shall be prohibited in any zone in the City of Margate City unless approval is obtained from the office of the Police Department. A motor vehicle shall be deemed to be stored if it has been on the property for a time period of at least 10 days. The approval by the Police Department shall be given only if it is for repairs of a resident, registered vehicle and not done in conjunction with a business venture.
(b)
No motor vehicle which is on blocks, car campers or any type of lifting device shall be left unattended unless housed within a secure garage or a secure fenced area.
(c)
No motor vehicle shall be stored on any surface which is not paved, graveled or stoned unless parked a minimum of 10 feet from any property line.
(9)
Family day-care homes. Family day-care homes are permitted as accessory uses pursuant to statute in all single-family residential zones.
(10)
Dish antennas.
(a)
A dish antenna shall not be installed as a sole structure on a lot and shall not be a permitted principal use or structure in any district in Margate City.
(b)
Dish antennas, when located on the lot not attached to any building, shall be so installed that the portion of the antenna's dish closest to the ground may not exceed two feet from the ground upon which the dish antenna sits. The highest portion of such ground-mounted antennas or related structural elements of functional or other components and appurtenances shall not be more than 10 feet above the grade immediately surrounding the construction.
(c)
The dish portion of a dish antenna shall not exceed the minimum diameter necessary to properly function.
(d)
Dish antennas mounted on the roof of principal structures shall be so isolated that the highest portion of the dish antenna or related structural elements or functional or other components and appurtenances shall not exceed the maximum height for principal structures in the district. In addition, the maximum elevation of the dish antenna or components thereof shall not exceed 10 feet above the existing roofline, provided that said elevation does not exceed the height limitation of the district.
(e)
Dish antennas shall not be permitted to be mounted on accessory structures.
(f)
Dish antennas must comply with all setback requirements of the district in which they are located.
(g)
No dish antenna shall be installed such that it is closer than 2 1/2 times the diameter of the dish portion of the antenna to any window of any neighboring residential structure.
(h)
No dish antenna shall be located within the front yard setback of any property.
(i)
If a usable signal is obtainable, a dish antenna shall be located in the rear of a structure on a property. If a usable signal cannot be obtained from such rear location, the dish antenna may be located on the side of a structure on a property. If a usable signal cannot be obtained from the rear or side locations, it may be placed on the roof of the structure.
(j)
Regardless of location, dish antennas shall be installed only after issuance of a building permit.
(k)
Not more than one dish antenna shall be permitted on any lot in Margate City.
(l)
Antennas shall meet all manufacturer's specifications, be of noncombustible and corrosion-resistant material and be erected in a secure, wind-resistant manner to the satisfaction of the City's Construction Code Official. Every antenna must be adequately grounded for protection against lightning.
(m)
In all districts in Margate City, dish antennas shall be located and designed to reduce visual impact from surrounding properties at street level, from public streets and from windows, porches, decks and grounds of nearby houses.
(n)
Dish antennas placed at ground level shall be screened from adjacent roads and structures by an evergreen buffer, six feet in height at the time of planting, which shall be maintained at all times in such a way as to screen at least 75% of the visibility of the dish antenna.
(11)
Outdoor fire pits and fireplaces.
[Added 10-4-2018 by Ord. No. 24-2018]
(a)
Fire pits or other similar devices are authorized within the single-family residential districts, subject to the restrictions set forth in this chapter. For the purpose of this chapter, a fire pit shall be considered as any outdoor fireplace unit built after obtaining permits and approvals pursuant to the Uniform Construction Code.[3]
(b)
All such wood-burning fireplaces or fire pits as set forth above shall be no larger than three feet in diameter and two feet in height and are required to have an approved screen or spark arrestor.
[Amended 8-3-2023 by Ord. No. 10-2023]
(c)
Such fireplaces or fire pits may only be used at residential properties containing two or fewer units and are prohibited from being used at any commercial establishment or for any commercial use or at any multifamily dwelling in excess of two units.
(d)
All such devices shall be kept at ground level and must be placed upon a noncombustible surface such as brick, masonry or concrete. No such devices shall be permitted on any type of elevated landing, surface, deck, stairway, roof or other elevated platform or portion of a structure.
(e)
Said wood-burning devices are prohibited from being used within 15 feet of any structure, natural gas structures shall be set back a minimum of five feet or whichever the Fire Marshal permits, including but not limited to homes, garages, sheds, showers or other such structures.
[Amended 8-3-2023 by Ord. No. 10-2023]
(f)
Such wood-burning devices are prohibited from being used within five feet of any other combustible surface, including, but not limited to, bushes, fences, pools, plants, shrubs, houses used for feeding of sheltering animals or other combustible surfaces.
[Amended 8-3-2023 by Ord. No. 10-2023]
(g)
Said wood-burning devices are prohibited from being used underneath any cave, overhang, roof, wires, tree limbs, vegetation, gutter, downspouts or decks.
[Amended 8-3-2023 by Ord. No. 10-2023]
(h)
No wood-burning fireplace or fire pit shall be used other than during the hours between 9:00 a.m. and 12:00 midnight.
[Amended 8-3-2023 by Ord. No. 10-2023]
(i)
No wood-burning fireplace or fire pit shall be used for cooking.
[Amended 8-3-2023 by Ord. No. 10-2023]
§ 175-34 Certain permitted uses.
A.
Child-care centers. Child-care centers are permitted uses in all nonresidential zones. The floor area occupied in any building or structure as a child-care center shall be excluded in calculating any parking requirement otherwise applicable to that number of units or amount of floor space, as appropriate, under state or local laws or regulations adopted thereunder and the permitted density allowable for that building or structure. New buildings shall comply with City parking standards.
B.
Essential services. Public utility lines for the transportation, distribution and/or control of water, electricity, gas, oil, and telephone communications, and their supporting members, other than buildings and structures, including pipes, shall not be required to be located on a lot, nor shall this chapter be interpreted to prohibit the use of a property in any zone for the above uses. For purposes of this provision, wireless communications facilities shall not be deemed an essential service.
C.
Temporary offices. Trailers or mobile structures used as temporary offices, workshops or for the storage of equipment and materials in connection with permitted construction of new buildings or structures, may be temporarily permitted on the same site during the actual period of construction. The construction official shall issue a temporary permit. Such structure shall not be located so as to be detrimental to any adjoining property and shall be removed from the site prior to the issuance of a certificate of occupancy for the permitted construction project or building.
D.
Community residences. Community residences for persons with developmental disabilities, community shelters for victims of domestic violence, community residences for persons with terminal illnesses, community residences for persons with head injuries, and adult family care homes for persons who are elderly and adults with physical disabilities shall be a permitted use in all residential districts, and the requirements shall be the same as for single-family dwelling units located within such districts.
[Amended 10-4-2018 by Ord. No. 24-2018]
§ 175-35 Conditional uses.
A.
Houses of worship. Houses of worship, as defined in this chapter, may be located, when approved as conditional uses, in the zones as specified in Schedule A,[1] subject to the following:
(1)
The property on which the structure or building is to be constructed or the activities conducted must contain a minimum of 20,000 square feet.
(2)
No building shall be closer than 15 feet to the side or rear line of any adjacent property. These 15 feet shall be considered as a buffer strip and shall be landscaped in accordance with the standards set forth in this article.
(3)
No building or structure shall be closer than 20 feet to any front street property line nor less than 25 feet from any other structure. Except as permitted in this article, no building or structure shall be higher than 2 1/2 stores and 34 feet above curb or 30 feet above finished first floor, whichever is greater.
(4)
No parking shall be permitted between the front building line and the street right-of-way.
(5)
Parking must be provided on site as required by this chapter.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
B.
Schools.
(1)
Principal and accessory buildings shall not exceed 30% coverage.
(2)
The height shall not exceed 34 feet above curb or 30 feet above finished first floor, whichever is greater.
(3)
No principal or accessory building shall be erected nearer than a distance equal to three times the height at the highest point of such existing or proposed structures to any adjacent property line.
(4)
Off-street parking shall be satisfied in accordance with this article.
§ 175-36 Off-street parking.
A.
Minimum required off-street parking schedule for nonresidential uses. The number of off-street parking spaces required for any nonresidential use shall be determined by reference to Parking Schedule I below. No on-site parking shall be required for existing nonresidential floor area within the Central Business District (CBD), C-1, C-2, Waterfront Special District (WSD) and Riparian (R) Zones; however, existing parking must be maintained. Parking for residential conversions and all building additions, however, shall be provided on site in the CBD, C-1, C-2, Waterfront Special District (WSD) and Riparian (R) Zones.
[Amended 10-4-2018 by Ord. No. 24-2018]
(1)
Combined uses. In the case of a combination of uses, the off-street parking requirement shall consist of the sum of the spaces required for each individual use unless it can be demonstrated that shared parking would permit modification. In cases of residential units on upper stories of commercial buildings, the garden apartment standards in RSIS shall apply.
(2)
Fractional spaces. Whenever the application of Parking Schedule I standards results in the requirements of a major fraction of a space of 0.5 or more, a full space shall be required.
B.
Off-street loading spaces shall be required at the discretion of the Board with location and dimensions to be determined by the Board.
Parking Schedule I Parking Requirements for Nonresidential Uses1 | |||
|---|---|---|---|
Use | Required Parking Spaces | ||
Bar, nightclub | 1 per 10 occupants at capacity | ||
Banks and financial institutions | 1 for each 300 square feet of building area or 5 spaces per teller, whichever is greater | ||
Office, dental or medical | 1 per 200 square feet of building area | ||
Office, other | 1 per 300 square feet of building area | ||
Houses of worship; community buildings; social halls and places of indoor public assembly | 1 for each 3 seats (60 inches of seating). Where the specific amount of seating is undetermined, then 1 parking space shall be required for each 75 square feet of assemblage area | ||
Restaurant2 | 1 for each 5 seats | ||
Retail sales and service uses not separately listed3 | 1 per 200 square feet of building area | ||
Real estate office | 1 per 200 square feet of building area | ||
Educational facility: | |||
Elementary and intermediate school | 1 per employee | ||
Secondary School | 1 per employee plus 1 per each 5 students in grades 11 and 12 | ||
Post-secondary and other educational facility | 2 per each 3 full-time students and 1 for each 5 part-time students | ||
Marinas | 0.5 unobstructed spaces for each boat docking space in the marina | ||
Marine service facilities and waterfront recreational uses | 1 per 175 feet of space, inside or outside of buildings, utilized for commercial activity; outside space shall not include accessways and circulation areas | ||
NOTES: 1 New or expanded portion of existing building/use. 2 Take-out components of restaurants shall add one additional space for each 25 square feet of take-out service area. 3 Retail uses such as delis, bakeries and coffee shops with on-site seating shall add one additional space for every three seats. |
C.
Minimum required off-street parking schedule for residential uses. The number of off-street parking spaces required for residential uses shall be determined pursuant to N.J.A.C. 5:21, as amended, and by reference to Parking Schedule II below.
Parking Schedule II Parking Requirements for Residential Land Uses | |||
|---|---|---|---|
Housing Unit Type/Size | Parking Requirement (spaces) | ||
Single-family detached | |||
2 bedroom | 1.5 | ||
3 bedroom | 2.0 | ||
4 bedroom | 2.5 | ||
5 bedroom | 3.0 | ||
6 bedroom | 4.0 | ||
Two-family (duplex) | Single-family detached values shall apply to each unit | ||
Garden apartment | |||
1 bedroom | 1.8 | ||
2 bedroom | 2.0 | ||
3 bedroom | 2.1 | ||
4 bedroom | 3.0 | ||
Townhouse | |||
1 bedroom | 1.8 | ||
2 bedroom | 2.3 | ||
3 bedroom | 2.4 | ||
4 bedroom | 3.0 | ||
High-rise | |||
1 bedroom | 0.8 | ||
2 bedroom | 1.3 | ||
3 bedroom | 1.9 | ||
Retirement community | Values shall be commensurate with the most appropriate housing unit type and size noted above that the retirement community resembles | ||
Recreational homes (owner-occupied) | Values shall be commensurate with the most appropriate housing type and size noted above that the recreational homes (owner-occupied) resemble | ||
Mid-rise apartment | Garden apartment values shall apply | ||
Assisted living | 0.5 | ||
(1)
A one-car garage and driveway combination shall count as two off-street parking spaces, provided the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way. A two-car garage and driveway combination shall count as 3.5 off-street parking spaces, provided the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way.
(2)
When housing is included in mixed-use development, a shared parking approach to the provision of parking may be permitted.
(3)
The minimum dimension of a parking space shall be nine feet by 18 feet.
(4)
For projects containing dwelling units required by the New Jersey Uniform Construction Code's Barrier Free Subcode (N.J.A.C. 5:23-7) to be accessible, parking spaces for people with disabilities shall be provided in accordance with the requirements of the Barrier Free Subcode and shall be considered part of the total number of required spaces.
§ 175-37 Nonconforming uses, structures and lots.
A.
Continuance of existing nonconforming uses and structures. Any nonconforming use or structure which lawfully existed at the time of the passage of this article may be continued, and any existing legally nonconforming building or structure may be reconstructed or structurally altered, but only in accordance with the requirements of this article.
B.
Discontinuance of abandoned nonconforming uses. Any nonconforming use which has not been used for a continuous period of one year or more shall not thereafter be revived.
C.
Alteration, extension or enlargement of nonconforming use or structure.
[Amended 1-31-2013 by Ord. No. 01-2013]
(1)
A nonconforming use of any building, structure or land shall not be increased, enlarged, extended or changed in any manner whatsoever.
(2)
No building in which a nonconforming use exists shall be enlarged, extended or structurally altered in any manner; provided, however, that:
(a)
Nothing herein shall prevent the repair and maintenance of any building wherein there exists a nonconforming use, provided that such maintenance and repair does not in any way constitute or result in a further extension of a nonconforming use.
(b)
Minor alterations and improvements which do not constitute or require structural changes may be made in or to a building wherein a nonconforming use exists, provided that such nonconforming use will not be increased, extended or enlarged thereby.
(c)
Nothing herein shall prevent the strengthening or restoration to a safe and lawful condition of any part of any building which is nonconforming.
(d)
The provisions of this Subsection C(2) notwithstanding, structural alterations intended solely to conform with BFE-related changes in minimum lowest floor elevation shall not be considered an expansion of a nonconforming use or structure and shall therefore be permitted without variance relief.
[Amended 8-15-2013 by Ord. No. 17-2013]
(3)
Structural alterations, internal rearrangements and renovations may be made in a building or structure which is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this article, other than use, so long as the structural alteration or increase, internal rearrangement or renovation does not extend or enlarge the nonconformance of said building or structure, except that structural alterations intended solely to conform with BFE-related changes in minimum lowest floor elevation, stairs, steps, ADA-compliant ramps and related elements providing access to the first floor pursuant to § 175-30C(4) and (6), minimum landscaping requirements pursuant to § 175-26D(1) and (4) and building height and roof pitch exceptions pursuant to § 175-32E and Schedule B-1 (175 Attachment 4) shall not be considered an expansion of a nonconforming use or structure and shall therefore be permitted without variance relief under N.J.S.A. 55d-70d(2).
[Amended 8-15-2013 by Ord. No. 17-2013]
(4)
A nonconforming use changed or altered to a conforming use may not thereafter be changed back to a nonconforming use.
D.
Restoration of existing building or structures nonconforming because of use. Whenever a building or structure is nonconforming by reason of its use, such building or structure may be restored or repaired in the event of partial destruction thereof.
[Amended 11-20-2012 by Ord. No. 20-2012; 4-4-2013 by Ord. No. 08-2013]
E.
Restoration of existing buildings or structures nonconforming for reasons other than use. Whenever a building is nonconforming because it fails to comply with any height, area, yard, off-street parking or other like requirements of this article, other than use, and such building is partially destroyed, such building may be restored to its prior condition; provided, however, that such restoration shall not enlarge the previously existing nonconformance.
[Amended 11-20-2012 by Ord. No. 20-2012; 4-4-2013 by Ord. No. 08-2013]
F.
Nonconforming improved lot. When an improved lot in a residential zone exists as a separate isolated lot under separate ownership and does not adjoin any vacant land or vacant lot of the same owner, and which said improved lot is nonconforming due to size, shape, area or setback, any existing residential building or structure on the lot may be further improved, provided that:
[Amended 1-31-2013 by Ord. No. 01-2013]
(1)
The number of dwelling units shall not be increased even if such increased number of dwelling units is allowed in the zone, unless approved by the Planning Board.
(2)
Any existing nonconforming setbacks from streets, side lot lines or rear lot lines shall not be made more nonconforming, including any vertical additions of any type, except that construction of stairs, steps, ADA-compliant ramps and related elements providing access to the first floor may project into setbacks in accordance with § 175-30C(4) and (6) herein, and further except that the building height / roof pitch exceptions of § 175-32 E and Schedule B-1 (175 Attachment 4) shall be permitted without variance relief.
[Amended 8-15-2013 by Ord. No. 17-2013]
(3)
Any existing and proposed improvement on the nonconforming improved lot shall not exceed the percentage of maximum building coverage set forth in Schedule B.[1]
[1]
Editor's Note: Schedule B, containing schedules of standards, is included as an attachment to this chapter.
(4)
The Construction Official of the City of Margate is hereby authorized and empowered to issue any necessary construction permits in accordance with the provisions of this subsection.
(5)
Nonconforming unimproved lot. Notwithstanding any other provisions of this article, any isolated, undersized lot of 40 feet or more in width may be developed with a single-family home without the need for a variance, provided that the building coverage, building height and all yard requirements are met.