Ocean City City Zoning Code
ARTICLE 1400
General Provisions
§ 25-1400.1 Performances and Requirements.
As a condition of approval and the continuance of any use, occupancy of any structure, and operation of any process or equipment, the applicant shall supply evidence, satisfactory to the Planning Board, or to its designated representative, that the proposed use, structure, process, or equipment will conform fully with all of the applicable performance standards.
§ 25-1400.1.1 Evidence of Compliance.
As evidence of compliance, the Planning Board may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant.
§ 25-1400.1.2 Additional Requirements of Planning Board.
The Planning Board may require that specific types of equipment, machinery, or devices be installed, or that specific operating procedures or methods be followed if the government agencies or testing laboratories examining the proposed operation, shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required in order to assure compliance with the applicable performance standards.
§ 25-1400.1.3 Additional Permits and Certificates May Be Required.
Permits and certificates required by other government agencies shall be submitted to the Planning Board as proof of compliance with applicable codes.
§ 25-1400.1.4 Costs Borne by Applicant.
If appropriate permits, tests and certifications are not or cannot be provided by the applicant, then the Planning Board or Administrative Officer (Zoning Officer) may require that instruments and/or other devices, or professional reports or laboratory analysis be used to determine compliance with the following performance standards for an existing or proposed use and the cost thereof shall be borne by the owner, applicant, or specific use in question.
§ 25-1400.1.5 Conditional Permit.
In the event a determination cannot be made at the time of application that a proposed use, process or piece of equipment will meet the standards established in this section, the Planning Board may issue or may recommend issuance of a Conditional Permit. The Conditional Permit would be based on submission of evidence that the proposed use, process or equipment will meet the standards established herein after completion or installation and operation.
Within thirty days (30) days after a Conditional Permit is granted, a Certificate of Occupancy shall be applied for and satisfactory evidence shall be applied for and satisfactory evidence submitted that all standards established by this section have been met.
§ 25-1400.2.1 Applicability.
a.
Prior to construction and operation. Any application for a Development or Building Permit for a use which shall be subject to performance standards shall be accompanied by submissions, attachments, certifications as required by this section, and a sworn statement filed by the owner of the subject property or the operator of the proposed use that said use will be operated in accordance with the performance standards set forth herein.
b.
For Existing Structures. Any existing structure or use which is after the effective date of this Ordinance, allowed to deteriorate or is modified so as to reduce its compliance with these standards will be deemed to be in noncompliance and to constitute a violation.
§ 25-1400.2.2 Continued Compliance.
Continued compliance with performance standards is required and shall be enforced by the Construction Official or Administrative Officer (Zoning Officer).
§ 25-1400.2.3 Termination of Violation.
All violations shall be terminated within thirty (30) days of notice or shall be deemed a separate violation for each day following and subject to fines as set forth herein.
§ 25-1400.2.4 Violation Inspection.
Whenever, in the opinion of the Construction Official or Administrative Officer (Zoning Officer). There is a reasonable probability that any use or occupancy violates the regulations of this section, they are hereby empowered to employ a qualified technician or technicians to perform investigations, measurements and analyses to determine whether or not the regulations of this section are being violated. In the event that a violation is found to exist, the violator shall be liable for the reasonable fees of the technicians employed to perform such investigations, measurements, and analyses.
§ 25-1400.3.1 Noise.
The developer shall comply with the Ocean City Noise Control Ordinance #85-17.
§ 25-1400.3.2 Air Pollution.
a.
No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life or to property, or which will interfere unreasonably with the comfortable enjoyment of life and property anywhere in the municipality. All provisions of the New Jersey Air Pollution Control Code, as amended and as augmented and all the following provisions stated, whichever shall be more stringent, shall be complied with.
1.
Smoke. In any zone, no smoke, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart, shall be emitted into the open air from any incinerator or fuel burning equipment, provided, however, that smoke emitted during the cleaning of a fire box or the building of a new fire, the shade or appearance of which is no darker than No. 2 of the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three (3) minutes in any thirty (30) consecutive minutes.
2.
Solid Particles.
(b)
In any other nonresidential zone, the allowable discharge shall be seventy-five percent (75%) of the allowable emission permitted by the New Jersey Air Pollution Control Code.
(c)
No open burning shall be permitted in any zone.
(d)
All incinerators shall be approved by the State Department of Environmental Protection.
(e)
Any road, parking area, driveway, truck loading or unloading station, or any other exterior area having a substantial movement of vehicles or equipment shall be paved or otherwise stabilized during construction sufficient to prevent the generation of dust from the movement of such vehicles or equipment.
3.
Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected without instruments. Any process, which may involve the creation or emission of any odors, shall be provided with a secondary safeguard system, so that control will be maintained. Table 1 (Odor Thresholds in Air) in Part 1 (Odor Thresholds for 53 Commercial Chemicals) of "Research on Chemical Odors," copyrighted by the Manufacturing Chemists Association, Inc., Washington, D.C., shall be used as a guide in determining quantities of offensive odors.
§ 25-1400.3.3 Liquid Waste.
No liquid waste shall be discharged into any water course, storm drain or sewage collection and disposal system, nor into any ground sump, any well or percolation area, except in accordance with plans approved by the City Public Works Department, Health Department, and City Engineer, and where required by the New Jersey Department of Environmental Protection.
§ 25-1400.3.4 Solid Waste.
[Ord. #94-16, Appx. A]
a.
All users in the City shall:
1.
Assume full responsibility for adequate and regular collection and removal of all refuse, except if the City assumes the responsibility.
2.
Comply with all applicable provisions of the Air Pollution Control Code.
3.
Comply with all provisions of the State Sanitary Code, Chapter 8, "Refuse Disposal," Public Health Council of the State Department of Environmental Protection.
4.
Permit no accumulation on the property of any solid waste, junk, or other objectionable materials.
5.
Not engage in any sanitary landfill operation on the property, except as may be permitted by other City Codes and Ordinances.
b.
1.
There shall be included in any new duplex or multifamily housing development that requires site plan approval an indoor or outdoor refuse trash and recycling area for the collection and storage of residentially-generated refuse trash and recyclable materials. The dimensions of the refuse trash and recycling area shall be sufficient to accommodate refuse and trash 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, but under no circumstances shall the refuse trash and recycling area be less than twelve (12) square feet per dwelling unit. The dimensions of the recycling area bins or containers shall be determined in consultation with the municipal 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) and any applicable requirements of the municipal Master Plan, adopted pursuant to Section 26 of P.L. 1987, c.102.
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 refuse trash and recycling area shall be safely and easily accessible by refuse collection and recycling personnel and vehicles. Collection without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the refuse and recycling area and the bins or containers placed therein, against theft.
4.
The recycling area or 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 of sufficient height shall be provided around any outdoor refuse and recycling area and shall be developed to screen said areas in an aesthetically pleasing manner.
§ 25-1400.3.5 Radiation.
All use of materials, equipment or facilities, which are or may be sources of radiation, shall comply with all controls, standards and requirements of the U.S. Atomic Energy Act of 1965, as amended and any codes, rules or regulations promulgated under such Act, as well as the N. J. Radiation Protection Law, N.J.S.A. 26.2D et seq., as amended, whichever is more stringent.
§ 25-1400.3.6 Fire and Explosion Hazards.
All activities shall be carried on only in buildings classified as fireproof by the New Jersey Uniform Construction Code, and as determined by the Fire Department. The operation shall be conducted in such a manner and with such precautions against fire and explosion hazards as to produce no explosion hazard as determined by the New Jersey Inspection Bureau of Fire Prevention to a use on an adjacent property and must conform to the rules and regulations of the most recent adopted edition of the Fire Prevention Code of the National Board of Fire Underwriters and the Ocean City Fire Department.
§ 25-1400.3.7 Electromagnetic Interference.
§ 25-1400.3.8 Heat.
Every use and activity shall be so operated that it does not raise the ambient temperature more than two degrees Celsius (2°C) at or beyond the boundary of any lot line.
§ 25-1400.3.9 Fire Resistant Construction.
All new construction and additions shall be fire resistant construction in accordance with the requirements of the State Uniform Construction Code.
§ 25-1400.3.10 Glare.
There shall be no direct or sky-reflected glare exceeding one and one-half (1-1/2) foot candles measured at the boundaries of the lot on which the source is located. This regulation shall not apply to lights which are used solely for the illumination of entrances or exits or driveways leading to a parking lot. Any operation or activity producing intense glare shall be conducted so that direct and indirect illumination from the source of light shall not cause illumination in excess of 0.1 foot candle in residential districts.
§ 25-1400.3.11 Lighting and Illumination.
a.
Artificial lighting or illumination provided on any property or by any use shall adhere to the following standards:
1.
The illumination provided by artificial lighting on the property shall not exceed 0.5 foot candles beyond any property line.
2.
Spotlights or other types of artificial lighting, that provide a concentrated beam of light, shall be so directed that the beam of light does not extend beyond any property lines.
3.
Spotlights or other types of artificial lighting used to illuminate signs or building faces shall not emit beams of light that extend beyond the vertical plane of the sign or building face that they illuminate and shall not be located in such a manner as to cause the beams of light to be reflected upon any adjoining property, public street or vehicular circulation area.
§ 25-1400.4.1 Certificate of Appropriateness Required.
All proposed applications for development on lands which contain a historic building, place, or structure, established within the City shall be referred to the Ocean City Planning Board for certificate of appropriateness consideration prior to action on the application by the Planning Board.
§ 25-1400.4.2 Goals and Objectives of Proposed Developments.
Proposed developments which contain a designated historic building, place, or structure, in the City should be designed to accomplish the following goals and objectives: