North Wildwood City Zoning Code
ARTICLE VI
Exceptions, Modifications and Development Alternatives
§ 276-46 Conditional uses.
Before a construction permit or certificate of occupancy shall be issued for any conditional use as permitted by this chapter, application shall be made to the Planning Board. The review by the Planning Board of a conditional use shall include any required site plan review pursuant to this chapter. Public notice and a hearing shall be required as stipulated in this chapter.
A.
Public utility uses.
(1)
For purposes of this chapter, the term "public utility uses" shall include such uses as telephone dial equipment centers, power substations and other utilities serving the public, such as sewage treatment plants, but shall exclude dumps and sanitary landfills.
(2)
The proposed installation in a specific location must be necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located.
(3)
The design of any building in connection with such facilities must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding area.
(4)
Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Code in effect at the time of the construction.
(5)
Landscaping, including shrubs, trees and lawns, shall be provided and maintained.
(6)
Off-street parking shall be provided as determined by the Planning Board during site plan review.
B.
Car washes.
(1)
The minimum lot size for a car wash shall be 24,000 square feet, the minimum frontage shall be 120 feet and the minimum lot depth shall be 200 feet. The front yard minimum shall be 40 feet and the side and rear yard minimums shall be 20 feet.
(2)
All mechanical activities must be conducted within a totally enclosed building.
(3)
Off-street parking shall be provided in accordance with the following schedule: Three access lanes for each mechanized car wash entrance with each lane having a minimum capacity for 15 vehicles at the entrance and six vehicles at the exit of the washing equipment; one separate space for each waxing, upholstery cleaning or similar specialized service area; and one space for each employee. All vehicle entrances shall be from the rear of the building and all parked and waiting vehicles shall be accommodated on the lot. Entrance access driveways shall not be located within 300 feet of the intersection of any two street lines or within 10 feet of any lot line.
(4)
One sign shall be permitted, either freestanding or attached, not exceeding an area equivalent to 5% of the first floor portion of the front facade or 50 square feet, whichever is smaller. Freestanding signs shall be set back at least 10 feet from all street and lot lines.
(5)
No car wash shall be located within 200 feet of any firehouse, school, playground, church, hospital, public building or institution. A minimum fifty-foot setback is required between any building or driveway on a lot utilized for a car wash and any residential use or district.
(6)
All of the other area, yard, building coverage, height, and general requirements of the respective zone and other applicable requirements of this chapter must be met.
C.
Senior citizen housing.
(1)
The maximum residential density shall not exceed 15 dwelling units per gross acre.
(2)
No dwelling unit shall contain more than two bedrooms.
(3)
The maximum building height shall not exceed 35 feet and 2 1/2 stories.
(4)
A minimum of 1 1/4 parking spaces shall be provided for each dwelling unit.
(5)
Individual dwelling units shall meet or exceed minimum design requirements specified by the New Jersey Housing Finance and Mortgage Agency.
(6)
Prior to any City approval, the following prerequisites shall have been accomplished:
(a)
Verification that there are adequate utility services and support facilities for the project, including existing and/or proposed transit and commercial establishments serving everyday needs, within a one-mile walking distance of the proposed site.
(b)
Assurance that the occupancy of such housing will be limited to households, the single member of which, or either the husband or wife of which, or both, or any of a number of siblings or unrelated individuals of which, or a parent of children of which is/are 62 years of age or older, or as otherwise defined by the Social Security Act, as amended, except that this provision shall not apply to any resident manager on the premises.
(c)
Verification of preliminary approval of the project by any state or federal agency which finances or assists the financing or operation of such housing.
(7)
All other applicable requirements of this chapter must be met.
D.
Service stations.
(1)
The minimum lot size for service stations shall be 31,780 square feet and the minimum frontage shall be 140 feet. The front yard minimum shall be 40 feet and the side and rear yard minimums shall be 25 feet.
(2)
No service station shall be located within 200 feet of any firehouse, school, playground, church, hospital, public building or institution. No service station shall be located within 400 feet of any other service station. A minimum fifty-foot setback is required between any building or driveway on a lot utilized for a service station and any residential use or district.
(3)
All appliances, pits, storage areas and trash facilities other than gasoline filling pumps or air pumps shall be within a building. Gasoline filling pumps and air pump islands shall be a minimum of 20 feet apart. All lubrication, repair or similar activities shall be performed in a fully enclosed building, and no dismantled parts shall be displayed outside of an enclosed building.
(4)
No junked motor vehicle or part thereof shall be permitted on the premises of any service station. Moreover, no more than six motor vehicles may be located upon any service station premises outside of a closed or roofed building for a period of time not to exceed seven days, and providing that the owners of said vehicles are awaiting their repair.
(5)
Landscaping shall be provided in the front yard area and shall be reasonably distributed throughout the entire front yard area.
(6)
The exterior display and parking of motor vehicles, trailers, boats or other similar equipment for sale shall not be permitted as part of a service station.
(7)
Service stations shall provide at least six off-street parking spaces for the first lift, wheel alignment pit or similar work area; five additional spaces for a second work area; and an additional three spaces for each additional work area. Such spaces shall be separated from the driveway and general apron areas which give access to the gasoline and air pumps and service areas. No designated parking space shall obstruct access to such facilities. No parking shall be permitted on unpaved areas. Driveways shall be a minimum of 20 feet from all lot lines, street intersections and other driveways on the same lot.
(8)
Service stations may be permitted one freestanding sign and one sign attached flat against the building. The freestanding sign shall not exceed an area of 20 square feet and shall be set back at least 10 feet from all street rights-of-way and lot lines. The attached sign shall not exceed 30 square feet in area.
(9)
All of the other area, yard, and general requirements of the respective zone and other applicable requirements of this chapter must be met.
E.
(Reserved)
F.
Adult business.
(1)
Due to the exceptional land use characteristics and locational impacts of adult entertainment uses, which have a deleterious and destructive effect upon land uses and values within the City of North Wildwood, it is recognized that such businesses, to the extent that they promote obscenity or sell obscene material or display obscene acts, should be prohibited from the City, and those which are not determined to be obscene should be restricted in such a way as to minimize their adverse effect on property values, neighborhoods within the City, public health, safety, comfort, morals, convenience, and general welfare of the inhabitants and visitors of the City.
(2) ADULT BOOKSTORE ADULT BUSINESS ADULT CABARET ADULT MASSAGE PARLOR ADULT MODEL STUDIO ADULT MOTION PICTURE THEATRES ADULT PRODUCTS OBSCENE ACTS OBSCENE MATERIAL SPECIFIED SEXUAL ACTIVITY OR ANATOMICAL AREA
Definitions. As used in this section, the following terms shall have the meanings indicated:
An establishment having, as a substantially significant portion of its stock in trade, books, magazines, films for sale or viewing on premises, by use of motion-picture devices or other coin-operated means, or other periodicals which are distinguished or characterized by their emphasis on matters depicting or relating to specified sexual activities or specified anatomical areas.
A business which displays, shows, sells, rents, or otherwise exhibits a display or depiction of a specific anatomical area for specified sexual activity which emits sensuality but is not obscene.
A nightclub, theatre, or other establishment which features live performances by topless and/or bottomless dancers, go-go dancers, exotic strippers, or similar entertainers, where such performances are distinguished or characterized by emphasis upon specified sexual activity or specified anatomical areas.
A place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of, or in connection with, the specified sexual activities, or when any person, providing such treatment, manipulation, or service related thereto, exposes specified anatomical areas.
Any place where, for any form of consideration or gratuity, male or female figure models who display specified anatomical areas or provide to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.
Enclosed buildings used for presenting films consisting of material distinguished or characterized by an emphasis on matters depicting, describing, relating to specified anatomical area or specified sexual activities.
Products which display or are a depiction of a specified anatomical area, or of a specified sexual activity which emits sensuality but is not obscene.
Acts which depict or describe, in a patently offensive way, ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions or lewd exhibition of the genitals, which acts lack serious literacy, artistic, political, or scientific value when taken as a whole, and which to the average person, applying contemporary community standards, has a dominant theme, taken as a whole, which appears to the prurient interest.
Shall be defined as in N.J.S.A. 2C:34-2 and as amended from time to time.
Shall be defined as in N.J.S.A. 2C:34-3 and as amended from time to time.
(3)
It shall be unlawful to sell, offer for sale, or display obscene material.
(4)
It shall be unlawful to own or operate any business such as an adult bookstore, adult motion-picture theatre, adult cabaret, adult massage parlor, or an adult movie studio in which obscene material is displayed or sold or in which any obscene acts are carried on.
(5)
Adult businesses, including but not limited to, motion-picture theatres, adult bookstores, adult cabarets, adult massage parlors, and adult model studios, shall be subject to the following restrictions:
(a)
No adult business shall be located within 1,000 feet of a church or school.
(b)
No two adult businesses shall be located within 600 feet of each other.
(c)
The hours of operation shall be from 10:00 a.m. until 11:00 p.m., Monday through Saturday only.
(d)
The interior of each room shall be lighted and designed in such a way that all parts of the same shall be readily visible to the sales clerk, manager, operator and/or customers moving freely within the building.
(e)
Advertisements and displays describing the goods or services operated within the adult business premises shall not be visible from the outside of the building, provided that the general nature of the business, such as the words "books," "motion pictures," "nightclub," "massage," "modeling studio" and similar words of general description shall be permitted upon signs permitted hereunder.
(f)
No loudspeaker or sound equipment shall be used which will emit sound to the outside of the building.
(g)
An adult business shall be operated solely within a building having at least 600 square feet used for the operation of the business and no more than 900 square feet for such use.
(h)
Permitted signs shall be limited to lettering indicating the name, address, and general nature of the business only and shall conform in size to signs permitted within the CBD Central Business District.
(i)
Any adult business use shall be located in buildings no closer than 200 feet to any residential use or district.
(j)
The exterior of the business premises shall be so constructed, designed, or laid out so that no person outside the building can view the interior thereof. The doors and windows shall be kept closed, and adult products shall not be visible from the outside when the door is opened for the purpose of entering or exiting the business premises.
(k)
Any person or association of persons desiring to own or operate an adult business in the City of North Wildwood shall be required to file an application and obtain a license therefor and comply with all other City codes.
G.
Bed-and-breakfast establishments.
(1)
Bed-and-breakfast establishments are permitted as conditional uses in the R-1, R-1.5 and R-2 Districts only. The use must be accommodated solely in an existing single-family dwelling which has been converted for such use and licensed by the New Jersey State Department of Community Affairs as a bed-and-breakfast establishment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
The residential character of the lot and dwelling shall not be changed; if additions or expansions to the principal dwelling are proposed, such additions or expansions shall maintain the architectural style and facade of the principal dwelling.
(3)
Whether or not a central dining area is provided, breakfast is the only meal to be served and shall be provided only to the registered guests of the bed-and-breakfast establishment.
(4)
Sufficient off-street parking shall be provided on the lot to accommodate all guests and, in any case, one space per each sleeping room, plus two spaces for the permanent living quarters of the owner shall be provided at minimum.
(5)
One attached sign, not to exceed six square feet in size, is permitted.
(6)
All of the other area, yard, building coverage and height requirements of the respective zone and other applicable requirements of this chapter must be met.
H.
Water-oriented uses.
(1)
Principal uses which meet the definition of "water-oriented" uses pursuant to Article II shall be permitted in the BB District and the NWM North Wildwood Marina District, subject to review by the Planning Board for a determination of the appropriateness of the proposed use. Said uses must serve the general public and shall be of a commercial type.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
The requirements of the respective zone and other applicable requirements of this chapter must be met except that the yard adjacent to the water or beach may be reduced to four feet and further that any structure, either attached or unattached, that extends beyond the setback area on the water side of the lot may do so if said structure is necessary for the operation of the principal use located on the lot.
I.
Restaurants serving alcoholic beverages in the OS Zoning Districts. Restaurants serving alcoholic beverages shall be permitted in the OS Zoning Districts as conditional uses, subject to compliance with the conditions outlined within § 276-20.1C(4).
[Amended 6-7-2023 by Ord. No. 1904]
J.
Restaurants serving alcoholic beverages in the P (Pier) or B (Boardwalk) Zoning Districts. Restaurants serving alcoholic beverages shall be permitted in the Pier or Boardwalk Zoning Districts as conditional uses only. All facilities serving alcoholic beverages in the Pier or Boardwalk Zoning Districts must meet the conditions set forth in Subsection J(1) below.
[Amended 6-7-2023 by Ord. No. 1904]
(1)
General requirements for all facilities serving alcoholic beverages in the P (Pier) and B (Boardwalk) Zoning Districts.
(a)
No alcoholic beverages may be removed from the premises by a patron at any time. No packaged goods sales are permitted.
(b)
Each licensed facility shall contain restroom facilities for men and women.
(c)
No more than a combined total of 50% of municipal liquor licenses shall be permitted to be located in the Pier or Boardwalk Zoning Districts. Motel licenses shall be exempt from this total.
(d)
All regulations of the Alcoholic Beverage Control Authority and all regulations contained in Chapter 114, Alcoholic Beverages, of the Code of the City of North Wildwood, to the extent not inconsistent with these conditions, shall remain applicable to all facilities.
(e)
To the extent not inconsistent with this subsection, all applicable requirements of the Zoning Ordinance must be met for all facilities.
(f)
Approval of the transfer of the liquor license to any facility in the Pier or Boardwalk Zoning Districts must be approved by the City Council.
(g)
Signs indicating the legal drinking age and that the facility will check identification are to be displayed at every outlet where the public may purchase alcoholic beverages.
(h)
The restaurant shall have a minimum of 50 seats for the service of meals.
(i)
The restaurant shall be a full-service restaurant capable of furnishing complete meals.
(j)
Restaurants are permitted to have a separate customer waiting bar for the service of restaurant customers so long as the bar is within the confines of the restaurant.
(k)
Sale of alcoholic beverages shall only be permitted between the hours of 7:00 a.m. and 12:00 midnight, prevailing time, and no consumption of alcoholic beverages shall be permitted after 12:30 a.m. and prior to 7:00 a.m., prevailing time.
§ 276-47 General exceptions and modifications.
A.
Christmas tree sale. The annual sale of Christmas trees is permitted between December 1 and December 25, inclusive.
B.
Parking of commercial vehicles in residential zones. One registered commercial vehicle of a rated capacity not exceeding one ton on four wheels, owned or used by a resident of the premises, shall be permitted to be regularly parked or garaged on a lot in any residential district, provided that said vehicle is parked in a side or rear yard area, which area is relatively unexposed to neighboring properties and is screened from neighboring properties by plantings at least five feet in height. For purposes of this chapter, a "commercial vehicle" is a bus and/or vehicle containing advertising matter intending to promote the interest of any business, whether or not said vehicle is registered as a commercial vehicle with the New Jersey State Division of Motor Vehicles, except that this provision shall not be deemed to limit construction equipment which is used on the site for construction purposes.
C.
Public election voting places. The provisions of this chapter shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.
D.
Public utility lines. Public utility lines for the transportation and distribution and control of water, electricity, gas, oil, steam, telegraph and telephone communications, and their supporting members, other than buildings or structures, shall not be required to be located on a lot, nor shall this chapter be interpreted as to prohibit the use of a property in any zone for the above uses.
§ 276-48 Townhouses and apartments.
No townhouse or apartment dwelling unit shall be constructed in the City unless the dwelling is part of an approved site plan and unless the following minimum standards are met in addition to other applicable requirements of this chapter:
A.
Each building and complex of buildings shall have an architectural theme with appropriate variations in design to provide attractiveness to the development, compatible within the development and in relation to adjacent land uses. Such variations in design shall result from the use of landscaping and the orientation of buildings to the natural features of the site and to other buildings as well as from varying unit widths, using different exterior materials, changing roof lines and roof designs, varying building heights and changing window types, shutters, doors, porches and exterior colors. Architectural elevations shall be submitted to the Board for review and approval.
B.
All dwelling units shall be connected to approved functioning water and sanitary sewer systems prior to the issuance of a certificate of occupancy.
C.
All parking facilities shall be on the same site as the building and located within 150 feet of the nearest entrance of the building they are intended to serve. This distance requirement does not apply to townhouses or apartment dwelling units in the TH District. Parking spaces shall be provided in areas designed specifically for parking and there shall be no parallel or diagonal parking along interior streets.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner. Sufficient area and equipment shall be made available within each building for the laundering and artificial drying of the laundry of the occupants of each building.
E.
Dwelling units shall have access to a master television antenna system and individual townhouse units may not erect individual external television antennas.
F.
Each unit shall have the following minimum net habitable floor areas:
Apartments | Square Feet | Townhouses | Square Feet |
|---|---|---|---|
Efficiency | 500 | ||
One-bedroom | 600 | One-bedroom | 700 |
Two-bedroom | 725 | Two-bedroom | 850 |
Three-bedroom | 875 | Three-bedroom | 1,000 |
G.
For each apartment unit, in addition to any storage area contained inside individual dwelling units, there shall be provided for each dwelling unit 250 cubic feet of storage area in a convenient, centrally located area in the cellar, basement or ground floor of the building where personal belongings and effects may be stored without constituting a fire hazard and where said belongings and effects may be kept locked and separated from the belongings of other occupants.
H.
Recycling provisions.
(1)
There shall be included in any new apartment or townhouse development an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the City Recycling Coordinator and shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13).
(2)
The recycling area shall be conveniently located for the residential disposition of source separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.
(3)
The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area and the bins or containers placed therein against theft of recyclable materials, bins or containers.
(4)
The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.
(5)
Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
(6)
Landscaping and/or fencing, at least six feet in height, shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.
I.
No townhouse dwelling unit shall be less than 20 feet wide.
§ 276-50 Fee simple townhouse lots.
Lot and yard dimensions encompassing individual townhouse dwelling units may be freely disposed and arranged on a tract of land, provided they are superimposed upon an approved site plan for the subject development. Additionally, the following provisions shall be met:
A.
The boundaries of any lot shall not infringe upon any common open space land areas, nor shall the boundaries of any lot be closer than five feet from any driveway or parking lot area.
B.
No lot line shall be located closer than 15 feet from any tract property line nor closer than 10 feet from any street.
C.
No construction permit shall be issued for any townhouse dwelling unit, at any time, unless the proposed construction is in accordance with the approved site plan, and this condition shall be recited in the deed of the subdivided townhouse lot.