Ocean City City Zoning Code
ARTICLE 200
Zoning District Regulations
§ 25-201 ESTABLISHMENT OF ZONING DISTRICTS.
[Ord. #02-19]
In order to carry out the purposes and provisions of this Ordinance, the City of Ocean City is hereby divided into the following residential and nonresidential districts and subdistricts based upon the 2001 Master Plan–Land Use Plan.
§ 25-201.1.1 Non-Discrete Residential Districts.
[Ord. #00-05, § 2; Ord. #00-06, § 2; Ord. #02-19]
R-1, Residential One-Family Zones | ||
R-1-30 | ||
R-1-40 | ||
R-1-50 | ||
R-1-60 | ||
R-2, Residential Two-Family Zones | ||
R-2-30 | ||
R-2-40 | ||
R-2-50 | ||
R-2-60 | ||
R-B, Residential Bayfront Zone | ||
R-L-1, Residential Lagoon One-Family Zones | ||
R-L-1-25 | ||
R-L-2, Residential Lagoon Two-Family Zones | ||
R-L-2-50 | ||
R-MB, Residential Multi-Family Bayfront Zone | ||
R-MF, Residential Multi-Family Zone | ||
R-O-1, Residential Oceanfront One-Family Zones | ||
R-O-1-50 | ||
R-O-1-60 | ||
R-O-2, Residential Oceanfront Two-Family Zones | ||
R-O-2-40 | ||
R-O-2-50 |
§ 25-201.1.2 Discrete Residential Districts.
[Ord. 00-05, § 2; Ord. #00-06, § 2; Ord. #02-19; Ord. #02-29, § 2; Ord. #02-36, § 1; Ord. #03-12, § 2]
Bay Landings R-1 Neighborhood
Bayou R-1 Neighborhood 25/2500, 30/3000
Bayview R-1 Neighborhood 30/2250
Bayview R-1 Neighborhood 35/2600
Bayview R-2 Neighborhood 40/4000
Bay West R-1 Neighborhood 30/3000, 40/4000, 50/5000, 60/6000
Bay West R-2 Neighborhood 40/4000, 50/5000, 60/6000
Corinthian R-2 Neighborhood 30/1950
Corinthian R-2 Neighborhood 30/2400
Corinthian R-2 Neighborhood 30/3000
Corinthian R-2 Neighborhood 40/4000
Gardens R-1 Neighborhood 30/3000
Gardens R-1 Neighborhood 40/3500
Gardens R-1 Neighborhood 75/4500
Gardens R-1 Neighborhood 45/5000
Gardens R-1 Neighborhood 50/5000
Gardens R-1 Neighborhood 60/6000
Gardens R-1 Neighborhood 75/7000
Merion Park R-1 Neighborhood
Neel R-1 Neighborhood
North End R-1 Neighborhood
Ocean City Homes R-1 Neighborhood
Revere Place R-2 Neighborhood
Riviera R-1 Neighborhood
Stenton Place R-1 Neighborhood 30/1950, 35/2275, 40/2600, 44/4400
§ 25-201.2 Business Districts.
[Ord. #02-19; Ord. #02-36, § 1; Ord. #03-12, § 3; Ord. #07-37, § 4; Ord. #10-09, § 3; Ord. No. 12-20 § 3; Ord. #13-36, § 2]
CB, Central Business Zone
CB-1, Central Business-1 Zone
DB, Drive-in Business Zone
NB, Neighborhood Business Zone
ON-BD, On-Boardwalk Zone
HZ, Hospitality Zone
MVH, Marine Village Harbor Zone
MP-NB-1, Marine Place Neighborhood Business-1 Zone
34th Street Gateway Zone
§ 25-201.3 Conservation Districts.
[Ord. #02-19; Ord. #09-26, § 1]
BD, Beach and Dune Zone
C, Conservation Zone
§ 25-201.4 Public Use Districts.
[Ord. #02-19]
P, Public Zone
§ 25-202.1 Map Incorporated.
[Ord. #88-31, § 1; Ord. #97-32, § 4; Ord. #99-20, § 10; Ord. #00-05, § 2; Ord. #00-06, § 1; Ord. #02-19; Ord. #02-36, § 3; Ord. #07-37, § 1; Ord. #08-04, § 1; Ord. #10-09, § 4; Ord. #11-22, § 1; Ord. #12-16; Ord. #12-17; Ord. #12-20, § 3; Ord. #13-16; Ord. #13-36, § 3; Ord. #14-20; Ord. #14-24; Ord. #2016-16]
The boundaries of the zoning districts hereby established are shown on a map entitled "OCEAN CITY ZONING DISTRICT MAP." The Zoning District Map and all notations, references and other information shown thereon shall have the same force and effect as if fully set forth or described herein, and such map is hereby made part of this Ordinance. The Zoning District Map shall be properly attested and kept on file in the office of the Zoning Officer.
a.
Ordinance No. 12-16. Zoning Map Amendments:
In response to the recommendations set forth in the Ocean City Master Plan Reexamination Report adopted October 17, 2012 by the Ocean City Planning Board, § 25-202- ZONING MAP, of the Revised General Ordinances of the City of Ocean City is amended as follows:
1.
The Zoning District designation for Block 607, Lots 17 to 33, inclusive is hereby changed from DB Zone to NEN Zone.
[Ord. #12-16]
2.
The Zoning District designation for Block 1202, Lots 1.01 through 16, inclusive, is hereby changed from RMF Zone to R-2-30 Zone.
[Ord. #12-16]
3.
The Zoning District designation for Block 1302, Lots 1 through 9, inclusive, is hereby changed from RMF Zone to R-2-30 Zone.
[Ord. #12-16]
4.
The Zoning District designation for Block 1505, Lots 2 and 2.01 is hereby changed from DB Zone to R-1-30 Zone.
[Ord. #12-16]
b.
Ordinance No. 12-17. Zoning Map Amendments:
In response to the recommendations set forth in the Ocean City Master Plan Reexamination Report adopted October 17, 2012 by the Ocean City Planning Board, the Zoning District designation for Block 309, Lots 6, 7, 8, 9, 10, 11, 12, 12.01, 13 and the northerly 60 feet of Lot 14 is hereby changed from NB Zone to R-2-30 Zone.
[Ord.#12-17]
c.
Ordinance No. 12-20. Zoning Map Amendments:
In response to the recommendations set forth in the Ocean City Master Plan Reexamination Report adopted October 17, 2012 by the Ocean City Planning Board, § 25-202, ZONING MAP, of the Revised General Ordinances of the City of Ocean City is amended to eliminate the Office and Bank (O & B) Zone and re-zone it as follows:
1.
The Zoning District designation for Block 907, Lot 6 is hereby changed from O & B Zone to DB Zone.
[Ord. #12-20, § 3]
2.
The Zoning District designation for Block 908, Lots 9-12, 16, 16.01 and 16.02 is hereby changed from O & B Zone to R-2-30 Zone.
[Ord. #12-20, § 3]
3.
The Zoning District designation for Block 910, Lots 9-12 and Lots 15-18 are hereby changed from O & B Zone to R-1-30 Zone.
[Ord. #12-20, § 3]
4.
The R-1-30/R-2-30 zone boundary line in Block 909 is hereby realigned to the rear lot lines/alley.
[Ord. #12-20, § 3]
5.
The Zoning District designation for Block 811.01, Lots 1-4; Block 810.02, Lots 1-4; Block 909, Lots 12-14; Block 910, Lots 13, 14 and 14.01; Block 908, Lots 13-15; and Block 907, Lots 7-11 are hereby changed from O & B Zone to DB Zone.
[Ord. #12-20, § 3]
6.
The Zoning District designation for Block 909, Lots 9-11 is hereby changed from O & B Zone to R-1-30 Zone.
[Ord. #12-20, § 3]
d.
Ordinance No. 13-03. Zoning Map Amendments:
1.
In response to the recommendations set forth in the Ocean City Master Plan Reexamination Report adopted October 17, 2012 by the Ocean City Planning Board, the Zoning District designation for Block 11, Lots 1 to 13, inclusive, is hereby changed from NEN Zone to R-1-30 Zone.
[Ord. #13-03]
2.
In response to the recommendations set forth in the Ocean City Master Plan Reexamination Report adopted October 17, 2012 by the Ocean City Planning Board, the Zoning District designation for Block 108, Lots 1 to 17, inclusive, is hereby changed from NEN Zone to R-1-30 Zone.
[Ord. #13-03]
e.
Ordinance No. 13-16. Zoning Map Amendment. Block 2703, Lots 1 through 11.01, inclusive is hereby changed from R-2-40 Zone to R-2-30 Zone.
[Ord. #13-16]
f.
Ordinance No. 13-36. Zoning Map Amendments. The zone district boundaries for the On-Boardwalk, Off-Boardwalk, HM and HM-1 Hotel Motel Zones are deleted. Zone district boundaries for a revised On-Boardwalk Zone and new Hospitality Zone are added as per Exhibit A of this Ordinance. Exhibit A, referred to herein may be found on file in the City Offices.
[Ord. #13-36, § 3]
g.
Ordinance No. 14-20 Zoning Map Amendments. The Zoning District designation of the parcels listed herein (and contained with the blue dashed outline) are changed as noted:
[Map on file with Ord. No. 14-20]
h.
Ordinance No. 14-24. The Zoning District designation for Block 208, Lots 12-27.01 inclusive, is hereby changed from R-1-50 to R-1-30. (Map on file with Ord. No. 14-24)
[Ord. #14-24]
§ 25-202.2 District Boundaries.
[Ord. #02-19]
In the event that any uncertainty exists with respect to the intended boundaries of the various districts as shown on the Zoning District Map, the following rules shall apply:
a.
The district boundaries are the center lines of streets, alleys, waterways and rights-of-way, unless otherwise indicated. Where designation of a boundary line on the Zoning District Map coincides with the location of a street, alley, waterway or right-of-way, it shall be construed to be the boundary of such district.
b.
Where the district boundaries do not coincide with the location of streets, alleys, waterways and rights-of-way but do coincide with lot lines, such lot lines shall be construed to be the boundaries of such districts.
c.
Where the district boundaries do not coincide with the location of streets, alleys, waterways, rights-of-way or lot lines, the district boundaries shall be determined by the use of the scale shown on the Zoning District Map. Interpretations of the Zoning Map or Zoning Ordinance shall be pursuant to N.J.S.A. 40:55D-70b.
d.
When a lot held in one (1) ownership on the effective date of this Ordinance is divided by a district boundary line, the entire lot shall be subject to the district having the most restrictive regulations. This provision of Subsection 25-202.2d shall not apply to lots in the On-Boardwalk and Off-Boardwalk Zones.
§ 25-203.1 (Reserved) [1]
[1]
Editor's Note: Former § 25-203.1, Schedule A, previously codified herein and containing portions of Ordinance No. 02-19, was repealed in its entirety by Ordinance No. 09-28.
§ 25-203.2 Schedule B.
[Ord. #02-19]
Schedule of Front Yard Setback Depths by Street including required front yard by street and zone district is hereby made a part of this Ordinance and shall govern unless stated otherwise in the specific district or conditional use regulations.
The Schedule referred to herein may be found in § 25-209.
§ 25-203.3 Schedule C.
[Ord. #02-19]
Schedule of Side Yard Setbacks is hereby made a part of this Ordinance and shall govern unless stated otherwise in the specific district or conditional use regulations.
The Schedules referred to herein may be found in § 25-209.
§ 25-203.4 (Reserved) [1]
[1]
Editor's Note: Former § 25-203.4, Height Limits Map, previously codified herein and containing portions of Ordinance No. 02-19, was repealed in its entirety by Ordinance No. 08-12.
§ 25-203.5 Prohibited Uses and Structures in All Zones.
[Ord. #89-8, § 3; Ord. #02-19; Ord. #08-12, § 2; Ord. #2015-12 § 2; Ord. #19-01 § 2]
The following uses and structures are prohibited in all zone districts, except as noted:
a.
Any use which emits excessive or objectionable amounts of dust, fumes, noise, odors, smoke, vibrations or waste products.
b.
The selling, offering for sale, displaying or advertisement of any food, merchandise, commodity, goods or wares on vacant or unimproved lots.
c.
Storage trailers located on a lot for more than ninety (90) days, unless approved as part of a site plan application. This prohibition shall not apply to "Manufactured Homes" as defined in N.J.S.A. 40:55D-102, or to trailers used as classrooms.
d.
Junk yards.
e.
Floating homes.
f.
Incinerators.
g.
Stairs above the first floor on the side of a building visible from the public right-of-way. This prohibition does not apply to emergency or secondary egress required by the building code.
h.
Unenclosed/unroofed commercial refrigerators and freezers.
i.
Keeping non-domestic animals or livestock. This shall not include bees and pets such as cats, dogs, fish and other domestic pets which typically live inside a home.
j.
The operation of cultivation facilities, product manufacturing facilities and/or testing facilities for marijuana, hashish and/or cannabis and the sale or dispensing of marijuana, hashish and/or cannabis, and/or products containing same, and/or paraphernalia that facilitates the use of marijuana, hashish and/or cannabis.
[Amended 4-8-2021 by Ord. No. 21-06]
§ 25-204.1 Non-Discrete Residential R-1 Zones:
[Ord. #02-19]
R-1-30, R-1-40, R-1-50, and R-1-60.
§ 25-204.1.1 Purpose.
[Ord. #02-19]
The Non-Discrete Residential One-Family Zones established in Subsection 25-201.1.1 of this Ordinance are intended to provide and maintain residential areas for detached single-family dwellings in those areas in Ocean City where this type of housing has traditionally developed and prevailed.
§ 25-204.1.4 Permitted Accessory Uses.
[Ord. #96-21, § 1; Ord. #02-19; Ord. #02-29, § 3]
a.
Private garages, per the standards contained in § 25-300.1a,2(d), and except that detached garages shall not be permitted in the rear yard of waterfront lots;
c.
Fences per the standards contained in § 25-1700.14;
e.
Sheds per the standards contained in § 25-300.1a,2(e) and installed with an engineered anchoring system.
f.
Other customary private accessory buildings and uses which are located on the same lot as the principal building and which are clearly incidental to the principal use. Such accessory buildings and uses shall not include any business activity.
§ 25-204.1.5 Bulk Requirements.
a.
The following schedule applies to the Non-Discrete R-1 Neighborhood Zone and provides requirements for lot area, lot width, lot frontage, lot depth, front, side and rear yards, building height, number of stories, floor area ratio, building coverage and impervious surface coverage.
See the attachment for the Non-Discrete Residential R-1 Zones - Schedule of District Regulations.
§ 25-204.1.6 Rear Yard.
[Ord. #00-06, § 5; Ord. #02-29, § 3; Ord. #02-19; Ord. #02-36, § 9; Ord. #03-12, § 2; Ord. #08-12, § 3]
a.
A rear yard shall be provided on every lot in accordance with the Schedule of District Regulations, except as noted below:
b.
For waterfront lots, a rear yard shall be provided as specified in § 25-300.17 of this Ordinance.
c.
On nonwaterfront lots, the following features may be extended into the required rear yard as noted. In every instance, said features shall be at least twenty feet (20') from the rear lot line.
1.
Architectural decoration may extend not more than four inches (4") into the required yard area:
2.
Architectural projections of the habitable portion of the building may extend not more than three feet (3') into the required yard area. Said architectural projections shall not exceed a total length that is one-third (1/3) of the width of the rear building facade.
3.
Nonhabitable building area, such as porches, decks, landings and stairs may extend not more than five feet (5') into the required yard area.
§ 25-204.2 Non-Discrete Residential Two Family Zones.
[Ord. #00-05, § 3; Ord. #00-06, § 4; Ord. #02-19; Ord. #18-21; Ord. #19-04]
R-2-30, R-2-40, R-2-50, R-2-60.
§ 25-204.2.1 Purpose.
[Ord. #02-19; Ord. #18-21; Ord. #19-04]
The Non-Discrete Residential Two-Family Zones established in Subsection 25-201.1.1 of this Ordinance are intended to provide and maintain residential areas for detached two (2) family dwellings in those areas in Ocean City where this type of housing has either traditionally developed or is currently the predominant land use type. In an effort to increase housing diversity and provide realistic opportunities for affordable housing, development of two-family and multi-family at increased densities will be permitted in accord with § 25-204.26.
§ 25-204.2.2 Permitted Uses.
[Ord. #02-19; Ord. #18-21; Ord. #19-04]
§ 25-204.2.3 Conditional Uses.
§ 25-204.2.4 Permitted Accessory Uses.
[Ord. #96-21, § 1; Ord. #02-19; Ord. #02-29 § 4]
a.
Private garages, per the standards contained in § 25-300.1a,2(d), and except that detached garages shall not be permitted in the rear yard of waterfront lots;
c.
Fences per the standards contained in § 25-1700.14;
e.
Other customary private accessory buildings and uses which are located on the same lot as the principal building and which are clearly incidental to the principal use. Such accessory buildings and uses shall not include any business activity.
§ 25-204.2.5 Bulk Requirements.
a.
Lot area, lot width, lot frontage, front yard, rear yard, side yard, lot depth, building height, habitable stories, building coverage and impervious coverage shall be in accordance with Schedules B, C, and as noted in the following schedule.
See the attachment for the Non-Discrete Residential R-2 Zones - Schedule of District Regulations.
Schedules B and C, referred to in the bulk requirements attachment, may be found in § 25-209.
§ 25-204.2.6 Rear Yard.
[Ord. #00-06, § 6; Ord. #02-19; Ord. #02-29, § 4; Ord. #02-36, § 9; Ord. #03-12, § 2; Ord. #09-28, §§ 9,10]
a.
A rear yard shall be provided on every lot in accordance with the Schedule of District Regulations, except as noted below.
b.
For waterfront lots, a rear yard shall be provided as specified in § 25-300.17 of this Ordinance.
c.
On nonwaterfront lots, the following features may be extended into the required twenty-five foot (25') rear yard as noted. In every instance, said features shall be at least twenty feet (20') from the rear lot line.
1.
Architectural decoration may extend not more than four inches (4") into the required yard area;
2.
Architectural projections of the habitable portion of the building may extend not more than three feet (3') into the required yard area. Said architectural projections shall not exceed a total length that is one-third (1/3) of the width of the rear building facade.
3.
Nonhabitable building area, such as porches, decks, landings and stairs may extend not more than five feet (5') into the required yard area.
§ 25-204.3.1 Purpose.
[Ord. #02-19]
a.
The Residential Bayfront Zone established in Subsection 25-201.1.1 of this Ordinance is intended to provide and maintain residential areas for detached single-family dwellings along the Bayfront areas in Ocean City where this type of housing has traditionally developed and prevailed.
§ 25-204.3.3 Conditional Uses.
[Ord. #02-19]
None.
§ 25-204.3.4 Permitted Accessory Uses.
[Ord. #96-21, § 1; Ord. #02-19; Ord. #02-29, § 5]
a.
Private garages, per the standards contained in § 25-300.1a,2(d), and except that detached garages shall not be permitted in the rear yard of waterfront lots;
c.
Fences per the standards contained in § 25-1700.14;
e.
Other customary private accessory buildings and uses which are located on the same lot as the principal building and which are clearly incidental to the principal use. Such accessory buildings and uses shall not include any business activity.
§ 25-204.3.5 Bulk Requirements.
[Ord. #02-19; Ord. #08-12, § 3]
The following schedule applies to the Non-Discrete Residential Bayfront Zone and provides requirements for lot area, lot width, lot frontage, lot depth, front, side and rear yards, building height, number of stories, floor area ratio, building coverage and impervious surface coverage.
See the attachment for the Residential Bayfront Zone - Schedule of District Regulations.
§ 25-204.3.6 Rear Yard.
[Ord. #09-28 § 9]
A rear yard shall be provided on every lot in accordance with the requirements in the Schedule of District Regulations. The following special requirements shall also apply:
a.
On bay-front lots, if the rear lot line is bayward of the physical bulkhead, bulkheads, or bulkhead line, the rear yard setback requirement shall be measured from the landward physical bulkhead. In the event there is more than one (1) side of the physical bulkhead on said property, the rear yard requirement shall be measured from the most landward physical bulkhead.
b.
On bay-front lots, if the rear lot line is landward of the physical bulkhead(s) or bulkhead line, the rear yard setback requirement shall be measured from the rear lot line.
c.
An open patio shall be permitted in the rear yard. The elevation of the patio shall not exceed eighteen inches (18") above grade and may extend from the house to the bulkhead. Steps and/or ramps providing access from the first floor to the patio, from the patio over the bulkhead, and from the patio on the subject lot to an adjoining deck or patio.
There shall be no encroachments of any kind, except for in-ground swimming pools and associated fencing, circulating pumps and filters, tennis courts, steps, ramps, air conditioners and heat pumps as permitted by Article 300 of this Ordinance.
§ 25-204.4 R-L-1, Residential Lagoon One Family Zones.
[Ord. #02-19]
RL-1-25 and R-L-1-50.
§ 25-204.4.1 Purpose.
[Ord. #02-19]
The Residential Lagoon One Family Zones established in Subsection 25-201.1.1 of this Ordinance are intended to provide and maintain residential areas for detached single-family dwellings along lagoons in those areas in Ocean City where this type of housing has traditionally developed and prevailed.
§ 25-204.4.3 Conditional Uses.
[Ord. #02-19]
a.
None.
§ 25-204.4.4 Permitted Accessory Uses.
[Ord. #96-21, § 1; Ord. #02-19; Ord. #02-29, § 6]
a.
Private garages, per the standards contained in § 25-300.1a,2(d), and except that detached garages shall not be permitted in the rear yard of waterfront lots;
c.
Fences per the standards contained in § 25-1700.14;
e.
Other customary private accessory buildings and uses which are located on the same lot as the principal building and which are clearly incidental to the principal use. Such accessory buildings and uses shall not include any business activity.
§ 25-204.4.5 Bulk Requirements.
The following schedule applies to the Residential Lagoon R-1 Zone and provides requirements for lot area, lot width, lot frontage, lot depth, front, side and rear yards, building height, number of stories, floor area ratio, building coverage and impervious surface coverage.
See the attachment for the Residential Lagoon R-1 Zones R-L-1 - Schedule of District Regulations.
§ 25-204.4.6 Rear Yard.
[Ord. #02-19; Ord. #02-29, § 6; Ord. #02-36, § 9; Ord. #08-12, § 3; Ord. #09-28, § 9]
§ 25-204.5 R-L-2, Residential Lagoon Two Family Zone.
[Ord. #02-19]
R-L-2-50.
§ 25-204.5.1 Purpose.
[Ord. #02-19]
The Residential Lagoon Two Family Zone established in Subsection 25-201.1.1 of this Ordinance is intended to provide and maintain residential areas for detached single-family and two (2) family dwellings along lagoons in those areas in Ocean City where these types of housing have traditionally developed and prevailed.
§ 25-204.5.2 Permitted Uses.
§ 25-204.5.3 Conditional Uses.
[Ord. #02-19]
a.
None.
§ 25-204.5.4 Permitted Accessory Uses.
[Ord. #96-21, § 1; Ord. #02-19; Ord. #02-29, § 7]
a.
Private garages, per the standards contained in § 25-300.1a,2(d), and except that detached garages shall not be permitted in the rear yard of waterfront lots;
c.
Fences per the standards contained in § 25-1700.14;
e.
Other customary private accessory buildings and uses which are located on the same lot as the principal building and which are clearly incidental to the principal use. Such accessory buildings and uses shall not include any business activity.
§ 25-204.5.5 Bulk Requirements.
[Ord. #02-19; Ord. #09-28, § 9]
Lot area, lot width, lot frontage, front yard, rear yard, side yard, lot depth, building height, habitable stories, building coverage and impervious coverage shall be in accordance with the Schedule of District Regulations and Schedules B and C as noted in the following schedule.
See the attachment for the Residential Lagoon R-2 Zone R-L-2 - Schedule of District Regulations.
Schedules B and C, referred to in the bulk requirements attachment, may be found in § 25-209.
§ 25-204.5.6 Rear Yard.
[Ord. #02-19; Ord. #02-29, § 7; Ord. #02-36, § 9; Ord. #09-28, § 9]
A rear yard shall be provided on every lot in accordance with the requirements in the Schedule of District Regulations.
Schedules B and C referred to herein may be found in § 25-209.
The following special requirements shall also apply:
a.
An open patio shall be permitted in the rear yard and may extend from the house to the bulkhead. Steps and/or ramps, including landings, providing access from the first floor to the patio, from the patio over the bulkhead, and from the patio on the subject lot to an adjoining deck or patio.
There shall be no encroachments of any kind, except for in-ground swimming pools (subject to NJDEP approval) and associated fencing, circulating pumps and filters, tennis courts, steps, ramps, air conditioners and heat pumps as permitted by Article 300 of this Ordinance.
b.
On lagoon front lots, if the rear lot line is on the water side of the physical bulkhead, bulkheads, or bulkhead line, the rear yard setback shall be measured from the landward physical bulkhead. In the event there is more than one (1) side of the physical bulkhead on said property, the rear yard setback shall be measured from the most landward physical bulkhead.
c.
On lagoon front lots, if the rear lot line is landward of the physical bulkhead(s) or bulkhead line, the rear yard setback shall be measured from the rear lot.
§ 25-204.6.1 Purpose.
[Ord. #02-19]
The Residential Multi-Family Bayfront Zone established in § 25-201.1 of this Ordinance is intended to provide for the construction of multiple-family residential dwellings along parts of the Ocean City bay frontages at a reduced building height where this type of development has occurred.
§ 25-204.6.2 Permitted Uses.
[Ord. #02-19]
a.
One (1) family dwellings;
b.
Two (2) family dwellings;
c.
Triplexes;
d.
Quadruplexes;
e.
Multi-family dwellings;
f.
Marine commercial uses, such as:
1.
Marine support facilities, i.e., docks, maintenance yards and boat storage;
2.
Marine craft and accessory sales, services and repairs;
3.
Marine specialty shops;
4.
Fish and tackle shops;
5.
Marine technical and sailing schools;
6.
Boat rentals;
7.
Service stations, gasoline and diesel;
8.
Ship chandlers;
9.
Marine civic, social and fraternal association meeting places;
10.
Art galleries and museums;
11.
Restaurants.
g.
Essential services.
§ 25-204.6.3 Conditional Uses.
§ 25-204.6.4 Permitted Accessory Uses.
[Ord. #02-19]
a.
Private garages;
b.
Private swimming pools;
c.
Private tennis courts;
d.
Fences;
e.
Other customary private accessory buildings and uses which are located on the same lot as the principal building and which are clearly incidental to the principal use; such permitted uses shall not include any business activity.
§ 25-204.6.5 Bulk Requirements.
[Ord. #02-19; Ord. #09-28, § 9]
Lot area, lot width, lot frontage, front yard, rear yard, side yard, lot depth, building height, habitable stories, building coverage and impervious coverage shall be in accordance with Schedules B, C as noted in the following schedule.
See the attachment for the Residential Multi-Family Bayfront Zone RMB - Schedule of District Regulations.
Schedules B and C, referred to in the bulk requirements attachment, may be found in § 25-209.
§ 25-204.6.6 Front Yard.
[Ord. #02-19]
A front yard shall be provided on every lot. The minimum setback for each lot shall vary in accordance with, the proposed use as follows:
a.
For one-family two-family and multi-family dwellings the minimum front yard shall be:
1.
Not less than that shown for the streets listed in the Schedule B, Schedule of Front Yard Setback Depth by Streets.
2.
For lots not fronting on streets listed in Schedule B, the minimum front yard shall be twenty feet (20') where no existing buildings adjoin said lots.
3.
Where adjacent buildings do adjoin lots not fronting on streets listed in Schedule B, the front yard shall be the average setback of the adjacent buildings on the entire block as determined by a survey of existing setback lines of adjacent buildings, to be supplied by the developer.
§ 25-204.6.7 Side Yards.
[Ord. #02-19]
Each lot shall have two (2) side yards; said side yards shall vary in width according to the proposed use as follows:
§ 25-204.7 Residential Multi-Family (RMF) Zone.
§ 25-204.7.1 Purpose.
[Ord. #02-19]
The Residential Multiple Family Zone established in § 25-201.1 of this Ordinance is intended to:
a.
Provide a transitional zone between the Hotel-Motel Zone and the Central Business Zone, in accordance with the provisions of N.J.S.A. 40:55D-2(g);
b.
Promote and encourage the construction of smaller dwelling units near the Central Business District center of the City in order to provide affordable housing for senior citizens, pursuant to N.J.S.A. 40:55D-2(1);
c.
Promote the conservation of energy by locating the R-MF Zone adjacent to the Central Business District thereby lessening the need to use an automobile for shopping, pursuant to N.J.S.A. 40:55D-2(n).
§ 25-204.7.2 Permitted Uses.
§ 25-204.7.3 Conditional Uses.
§ 25-204.7.4 Permitted Accessory Uses.
[Ord. #02-19]
a.
Private garages;
b.
Private swimming pools;
c.
Private tennis courts;
d.
Fences.
e.
Other customary private accessory buildings and uses which are located on the same lot as the principal building and which are clearly incidental to the principal use; such permitted uses shall not include any business activity.
§ 25-204.7.5 Bulk Requirements.
[Ord. #02-19; Ord. #09-28, § 9]
Lot area, lot width, lot frontage, front yard, rear yard, side yard, lot depth, building height, habitable stories, building coverage and impervious coverage shall be in accordance with the Schedule of District Regulations and Schedules B, C, and as noted in the following schedule.
See the attachment for the Residential Multi-Family Zone RMF - Schedule of District Regulations.
Schedules B and C, referred to in the bulk requirements attachment, may be found in § 25-209.
§ 25-204.7.6 Front Yard.
[Ord. No. 02-19]
A front yard shall be provided on every lot. The minimum setback for each lot shall vary in accordance with, the proposed use as follows:
a.
For one (1) family, two-family, triplex and quadruplex dwellings the minimum front yard shall be:
1.
Not less than that shown for the streets listed in the Schedule B, Schedule of Front Yard Setback Depth by Streets.
2.
For lots not fronting on streets listed in Schedule B, the minimum front yard shall be twenty feet (20') where no existing buildings adjoin said lots.
3.
Where adjacent buildings do adjoin lots not fronting on streets listed in Schedule B, the front yard shall be the average setback of the adjacent buildings on the entire block as determined by a survey of existing setback lines of adjacent buildings, to be supplied by the developer.
§ 25-204.7.7 Side Yards.
[Ord. #02-19; Ord. #09-28, § 9]
Each lot shall have two (2) side yards; said side yards shall vary in width according to the proposed use as follows:
a.
For one (1) family and two-family, the minimum side yard width shall be as shown in Schedule C, Schedule of Side Yard Setbacks.
b.
For triplexes and quadruplexes the minimum side yard width shall be double the width required for two-family duplexes.
c.
For multi-family dwellings the minimum side yard width shall be one-half times the height of the building (1/2 x h). For the purpose of determining the minimum side yard width the building height shall be measured in accordance with the requirements of the Schedule of District Regulations.
Schedules C referred to herein may be found in § 25-209. |
§ 25-204.8 Residential Oceanfront R-O-1 Zones.
[Ord. #02-19]
R-O-1-50 and R-O-1-60 zones.
§ 25-204.8.1 Purpose.
[Ord. #02-19]
The Residential Oceanfront One-Family Zones established in § 25-201.1 of this Ordinance are intended to provide and maintain residential areas for detached single-family dwellings in oceanfront areas in Ocean City where this type of housing has traditionally developed and prevailed.
§ 25-204.8.3 Conditional Uses.
[Ord. #02-19]
a.
None.
§ 25-204.8.4 Permitted Accessory Uses.
[Ord. #96-21, § 1; Ord. #02-19; Ord. #02-29, § 8; amended 2-23-2023 by Ord. No. 23-02]
a.
(Reserved)
c.
Fences per the standards contained in § 25-1700.14;
e.
Other customary private accessory buildings and uses which are located on the same lot as the principal building and which are clearly incidental to the principal use. Such accessory building and uses shall not include any business activity.
§ 25-204.8.5 Bulk Requirements.
The following schedule applies to the Residential Oceanfront R-1 Zones and provides requirements for lot area, lot width, lot frontage, lot depth, front, side and rear yards, building height, number of stories, floor area ratio, building coverage and impervious surface coverage.
See the attachment for the Residential Oceanfront R-1 Zone R-O-1 - Schedule of District Regulations.
§ 25-204.8.6 Rear Yard.
§ 25-204.9 Residential Oceanfront Two Family Zones.
[Ord. #02-19]
R-O-2-40 and R-O-2-50.
§ 25-204.9.1 Purpose.
[Ord. #02-19]
The Residential Oceanfront Two Family Zones established in § 25-201.1 of this Ordinance are intended to provide and maintain residential areas for detached single-family and two (2) family dwellings in oceanfront areas in Ocean City where this type of housing has traditionally developed and prevailed.
§ 25-204.9.2 Permitted Uses.
§ 25-204.9.3 Conditional Uses.
[Ord. #02-19]
a.
None.
§ 25-204.9.4 Permitted Accessory Uses.
[Ord. #96-21, § 1; Ord. #02-19; Ord. #02-29, § 9; amended 2-23-2023 by Ord. No. 23-02]
a.
(Reserved)
c.
Fences per the standards contained in § 25-1700.14;
e.
Other customary private accessory buildings and uses which are located on the same lot as the principal building and which are clearly incidental to the principal use. Such accessory buildings and uses shall not include any business activity.
§ 25-204.9.5 Bulk Requirements.
[Ord. #02-19; Ord. #09-28, § 9]
Lot area, lot width, lot frontage, front yard, rear yard, side yard, lot depth, building height, habitable stories, building coverage and impervious coverage shall be in accordance with the Schedule of District Regulations and Schedules B, C, and as noted in the following schedule.
See the attachment for the Residential Oceanfront R-2 R-O-2 Zones - Schedule of District Regulations.
Schedules B and C, referred to in the bulk requirements attachment, may be found in § 25-209.
§ 25-204.9.6 Rear Yard.
[Ord. #02-19; Ord. #02-29, § 9; Ord. #02-36, § 9; Ord. #09-28, §§ 9,10]
§ 25-204.10.1 Purpose.
[Ord. #02-19]
The Bay Landings R-1 Neighborhood Zone as established in Subsection 25-201.1.2 of this Ordinance is intended to provide and maintain a neighborhood of single-family homes in an area with looped streets and no alleys.
§ 25-204.10.4 Permitted Accessory Uses.
[Ord. #02-19]
a.
Private garages;
b.
Private swimming pools;
c.
Fences;
d.
Tennis courts;
e.
Other customary private accessory buildings and uses which are located on the same lot as the principal building and which are clearly incidental to the principal use. Such accessory uses shall not include any business activity.
§ 25-204.10.5 Bulk Requirements.
The following schedule applies to the Bay Landings R-1 Neighborhood Zone and provides requirements for lot area, lot width, lot frontage, lot depth, front, side and rear yards, building height, number of stories, floor area ratio, building coverage and impervious surface coverage.
See the attachment for the Bay Landings R-1 Neighborhood Zone - Schedule of District Regulations.
§ 25-204.11 Bay View R-1 Neighborhood Zones.
[Ord. #02-19; Ord. #02-29, § 10]
30/2250 and 35/2600.
§ 25-204.11.1 Purpose.
[Ord. #02-19; Ord. #02-29, § 10]
The Bay View R-1 Neighborhood Zones 30/2250 and 35/2600 as established in Subsection 25-201.1.2 of this Ordinance are intended to provide and maintain the residential characteristics of a single-family neighborhood with small lots.
§ 25-204.11.2 Permitted Uses.
§ 25-204.11.4 Permitted Accessory Uses.
[Ord. #02-19; Ord. #02-29, § 10]
a.
Private garages;
b.
Private swimming pools;
c.
Fences;
d.
Sheds;
e.
Tennis courts;
f.
Other customary private accessory buildings and uses which are located on the same lot as the principal building and which are clearly incidental to the principal use. Such accessory uses shall not include any business activity.
§ 25-204.11.5 Bulk Requirements.
The following schedule applies to the Bay View R-1 Neighborhood Zones and provides requirements for lot area, lot width, lot frontage, lot depth, front, side and rear yards, building height, total stories, floor area ratio, building coverage and impervious surface coverage.
See the attachment for the Bay View R-1 Neighborhood Zone - Schedule of District Regulations.
§ 25-204.12 Bay View R-2 Neighborhood Zone.
[Ord. #02-19]
40/4000.
§ 25-204.12.1 Purpose.
[Ord. #02-19]
The Bay View R-2 Neighborhood Zone 40/4000 as established in Subsection 25-201.1.2 of this Ordinance is intended to provide and maintain a residential neighborhood characterized by two family homes on very small lots.
§ 25-204.12.2 Permitted Uses.
§ 25-204.12.4 Permitted Accessory Uses.
[Ord. #02-19]
a.
Private garages;
b.
Private swimming pools;
c.
Fences;
d.
Tennis courts;
e.
Other customary private accessory buildings and uses which are located on the same lot as the principal building and which are clearly incidental to the principal use. Such accessory uses shall not include any business activity.
§ 25-204.12.5 Bulk Requirements.
The following schedule applies to the Bay View R-2 Neighborhood Zone and provides requirements for lot area, lot width, lot frontage, lot depth, front, side and rear yards, building height, building coverage and impervious surface coverage.
See the attachment for the Bay View R-2 Neighborhood Zone - Schedule of District Regulations.
§ 25-204.13 (Reserved) [1]
[1]
Editor's Note: Former § 25-204.13, Corinthian R-1 Neighborhood Zone 30/1950, previously codified herein and containing portions of Ordinance Nos. 02-19 and 02-29 was repealed in its entirety by Ordinance No. 03-12.
§ 25-204.14 Corinthian R-2 Neighborhood Zones.
30/1950, 30-2400, 30/3000 and 40/4000.
§ 25-204.14.1 Purpose.
[Ord. #02-19; Ord. #09-28, § 14]
The Corinthian R-2 Neighborhood Zones 30/1950, 30/2400, 30/3000, 40/4000 as established in Subsection 25-201.1.2 of this Ordinance are intended to provide and maintain residential characteristics of one- and two-family homes on small lots as well as to preserve the streetscape.
§ 25-204.14.2 Permitted Uses.
§ 25-204.14.3 Conditional Uses.
[Ord. #02-19]
None.
§ 25-204.14.4 Permitted Accessory Uses.
[Ord. #02-19]
a.
Private garages;
b.
Private swimming pools;
c.
Fences;
d.
Tennis courts;
e.
Other customary private accessory buildings and uses which are located on the same lot as the principal building and which are clearly incidental to the principal use. Such accessory uses shall not include any business activity.
§ 25-204.14.5 Bulk Requirements.
The following schedule applies to the Corinthian R-2 Neighborhood Zones and provides requirements for lot area, lot width, lot frontage, lot depth, front, side and rear yards, building height, building coverage and impervious surface coverage.
See the attachment for the Corinthian R-2 Neighborhood Zone - Schedule of District Regulations.
§ 25-204.15 Gardens R-1 Neighborhood Zones.
30/3000, 40/3500, 45/5000, 50/5000, 60/6000, 75/4500, 75/7000.
§ 25-204.15.1 Purpose.
[Ord. #02-19; Ord. No. 04-29, § 2; Ord. #08-12, § 3]
The Gardens R-1 Neighborhood Zones as established in Subsection 25-201.1.2 of this Ordinance are intended to provide and maintain residential characteristics of one-family homes on curvilinear streets in the northern end of Ocean City.
§ 25-204.15.2 Permitted Uses.
§ 25-204.15.3 Conditional Uses.
[Ord. #02-19; Ord. #04-29, § 2; Ord. #08-12, § 3]
None.
§ 25-204.15.4A Permitted Accessory Uses.
[Ord. #02-19; Ord. #04-29, § 2; Ord. #08-12, § 3]
a.
Private garages;
b.
Private swimming pools;
c.
Fences;
d.
Tennis courts;
e.
Other customary private accessory buildings and structures and uses which are located on the same lot as the principal building and which are clearly incidental to the principal use. Such accessory uses shall not include any business activity.
§ 25-204.15.4B Prohibited Accessory Uses and Structures.
§ 25-204.15.5 Bulk Requirements.
The following schedule applies to the Gardens R-1 Neighborhood Zones and provides requirements for lot area, lot width, lot frontage, lot depth, front, side and rear yards, building height, number of total stories, building coverage and impervious surface coverage.
See the attachment for the Gardens R-1 Neighborhood Zone - Schedule of District Regulations.
§ 25-204.15.6 (Reserved) [1]
[1]
Editor's Note: Subsection 25-204.15.6, Garages and Driveways, containing Ordinance Nos. 02-19, 04-29, 07-29 and 08-12 was deleted in its entirety by Ord. No. 2016-26.
§ 25-204.15.7 Encroachments Permitted in Required Yard Areas.
[Ord. #04-29, § 2; Ord. #08-12, § 3]
(Refer to § 25-300.1 of this Ordinance.)
§ 25-204.15.8 Side Yard Building Offsets.
[Ord. #04-29, § 2]
To encourage and permit innovative building design, up to thirty percent (30%) of the building's side wall may extend into the larger side yard provided the minimum required side yard is met (or exceeded) for said wall. The opposite side wall is required to shift in the same direction and to the same extent. The remaining seventy percent (70%) of said side wall shall comply with the larger side setback requirement.
§ 25-204.15.9 (Reserved) [1]
§ 25-204.15.10 Rear Yard.
§ 25-204.16 Merion Park R-1 Neighborhood Zone.
Merion Park R-1 Neighborhood Zone.
§ 25-204.16.1 Purpose.
[Ord. #03-12, § 3]
The Merion Park R-1 Neighborhood Zone established in 25-201.1.2 of this Ordinance is intended to provide and maintain the residential character in a neighborhood of approximately three hundred (300) single-family homes located on non-alley lots.
§ 25-204.16.2 Permitted Principal Uses.
§ 25-204.16.3 Conditional Uses.
[Ord. #03-12, § 3]
None.
§ 25-204.16.4 Permitted Accessory Uses.
[Ord. #03-12, § 3]
a.
Private garages;
b.
Private swimming pools;
c.
Fences;
d.
Tennis courts;
e.
Other customary private accessory buildings and uses which are located on the same lot as the principal building and which are clearly incidental to the principal use. Such accessory uses shall not include any business activity.
§ 25-204.16.5 Bulk Requirements.
The following schedule applies to the Merion Park R-1 Neighborhood Zone and provides requirements for lot area, lot width, lot frontage, lot depth, front, side and rear yards, building height, number of stories, floor area ratio, building coverage and impervious surface coverage.
See the attachment for the Merion Park R-1 Neighborhood Zone - Schedule of District Regulations.
§ 25-204.16.6 Encroachments Within Minimum Required Yard Access.
§ 25-204.17.1 Purpose.
[Ord. # 02-19]
The Neel R-1 Neighborhood Zone as established in Subsection 25-201.1.2 of this Ordinance is intended to provide and maintain residential characteristics of a compact single-family neighborhood where lots that are generally wider than they are deep.
§ 25-204.17.3 Conditional Uses.
[Ord. #02-19]
None.
§ 25-204.17.4 Permitted Accessory Uses.
[Ord. #02-19]
a.
Private garages;
b.
Private swimming pools;
c.
Fences;
d.
Tennis courts;
e.
Other customary private accessory buildings and uses which are located on the same lot as the principal building and which are clearly incidental to the principal use. Such accessory uses shall not include any business activity.
§ 25-204.17.5 Bulk Requirements.
The following schedule applies to the Neel R-1 Neighborhood zone and provides requirements for lot area, lot width, lot frontage, lot depth, front, side and rear yards, building height, number of stories, floor area ratio, building coverage and impervious surface coverage.
See the attachment for the Neel R-1 Neighborhood Zone - Schedule of District Regulations.
§ 25-204.18.1 Purpose.
[Ord. #02-19]
The North End R-1 Neighborhood as established in Subsection 25-201.1.2 of this Ordinance is intended to provide an area for the development of affordable single-family detached homes with two and one-half (2 1/2) stories allowable.
§ 25-204.18.3 Conditional Uses.
[Ord. #02-19]
None.
§ 25-204.18.4 Permitted Accessory Uses.
[Ord. #02-19]
a.
Private garages;
b.
Private swimming pools;
c.
Fences;
d.
Tennis courts;
e.
Other customary private accessory buildings and uses which are located on the same lot as the principal building and which are clearly incidental to the principal use. Such accessory uses shall not include any business activity.
§ 25-204.18.5 Bulk Requirements.
The following schedule applies to the North End R-1 Neighborhood Zone and provides requirements for lot area, lot width, lot frontage, lot depth, front, side and rear yards, building height, number of total stories, floor area ratio, building coverage and impervious surface coverage.
See the attachment for the North End R-1 Neighborhood Zone - Schedule of District Regulations.
§ 25-204.19.1 Purpose.
[Ord. #02-19]
The Ocean City Homes R-1 Neighborhood Zone established in Subsection 25-201.1.2 of this Ordinance is intended to provide and maintain a residential neighborhood of modest, primarily single-family homes on large lots with wide streets.
§ 25-204.19.3 Conditional Uses.
[Ord. #02-19]
None.
§ 25-204.19.4 Permitted Accessory Uses.
[Ord. #02-19]
a.
Private garages;
b.
Private swimming pools;
c.
Fences;
d.
Tennis courts;
e.
Other customary private accessory buildings and uses which are located on the same lot as the principal building and which are clearly incidental to the principal use. Such accessory uses shall not include any business activity.
§ 25-204.19.5 Bulk Requirements.
The following schedule applies to the Ocean City Homes R-1 Neighborhood Zone and provides requirements for lot area, lot width, lot frontage, lot depth, front, side and rear yards, building height, number of stories, floor area ratio, building coverage and impervious surface coverage.
See the attachment for the Ocean City Homes R-1 Neighborhood Zone - Schedule of District Regulations.
§ 25-204.19.6 Alley Access Required.
[Ord. #02-19]
All vehicular access to off-street parking spaces shall be from the alley network.
§ 25-204.20.1 Purpose.
[Ord. #02-19]
The Revere Place R-2 Neighborhood Zone established in Subsection 25-201.1.2 of this Ordinance is intended to provide and maintain this small residential neighborhood of two-family homes on relatively wide lots with shallow depths.
§ 25-204.20.2 Permitted Uses.
§ 25-204.20.3 Conditional Uses.
[Ord. #02-19]
None.
§ 25-204.20.4 Permitted Accessory Uses.
[Ord. #02-19]
a.
Private garages;
b.
Private swimming pools;
c.
Fences;
d.
Tennis courts;
e.
Other customary private accessory buildings and uses which are located on the same lot as the principal building and which are clearly incidental to the principal use. Such accessory uses shall not include any business activity.
§ 25-204.20.5 Bulk Requirements.
The following schedule applies to the Revere Place R-2 Neighborhood Zone and provides requirements for lot area, lot width, lot frontage, lot depth, front, side and rear yards, building height, building coverage and impervious surface coverage.
See the attachment for the Revere Place R-2 Neighborhood Zone - Schedule of District Regulations.
§ 25-204.21.1 Purpose.
[Ord. #02-19; Ord. #02-36, § 3]
The Riviera R-1 Neighborhood Zones established in Subsection 25-201.1.2 of this Ordinance are intended to provide and maintain the residential characteristics of an area comprised primarily of lagoon-front single-family dwellings. The RN-50/5000 Zone provides standards for all landlocked lots. The RNL-50/5000 Zone provides standards for all lots adjacent to a lagoon.
§ 25-204.21.2 Permitted Uses.
§ 25-204.21.3 Conditional Uses.
[Ord. #02-19; Ord. #02-36, § 3]
None.
§ 25-204.21.4 Permitted Accessory Uses.
[Ord. #02-19; Ord. #02-36, § 3]
a.
Detached garages, per the standards contained in § 25-300.1a,2(d), and except that detached garages shall not be permitted in the rear yard of waterfront lots;
b.
In-ground swimming pools and equipment, with all required NJDEP approvals, and per the standards contained in § 25-300.1a,2(i);
c.
Above-ground swimming pools and equipment, per the standards contained in § 25-300.1a,2(i), and only in the rear yards of non-waterfront lots;
d.
Fences, per the standards contained in § 25-1700.14;
e.
Sheds per the standards contained in § 25-300.1a,2(e), and except that sheds shall not be permitted in the rear yards of waterfront lots;
f.
Other customary private accessory buildings and uses which are located on the same lot as the principal building and which are clearly incidental to the principal use. Such accessory uses shall not include any business activity.
§ 25-204.21.5 Bulk Requirements.
The following schedule applies to the Riviera R-1 Neighborhood Zone and provides requirements for lot area, lot width, lot frontage, lot depth, front, side and rear yards, building height, number of stories, floor area ratio, building coverage and impervious surface coverage.
See the attachment for the Riviera R-1 Neighborhood Zones - Schedule of District Regulations.
§ 25-204.21.6 Rear Yard.
[Ord. #03-12, § 3; Ord. #09-28, § 9]
A rear yard shall be provided on every lot in accordance with the requirements contained in the Schedule of District Regulations. In addition, the following special requirements shall also apply:
a.
On lagoon-front lots, if the rear lot line is on the waterside of the physical bulkhead, bulkheads, or bulkhead line, the rear setback shall be measured from the landward physical bulkhead. In the event there is more than one (1) side of the physical bulkhead on said property, the rear setback shall be measured from the most landward physical bulkhead.
b.
On lagoon-front lots, if the rear lot line is landward of the physical bulkhead(s) or bulkhead line, the rear yard setback shall be measured from the rear lot line.
§ 25-204.21.7 Encroachments Permitted in Required Yards [Riviera].
[Ord. #2016-12 § 1]
a.
Front Yard.
b.
Side Yard. These encroachments are not permitted on any lot that utilizes the side yard provisions contained in Subsection 25-204.21.8.
c.
Rear Yard.
1.
Patios at an elevation of 18 inches above grade or 7.0 feet NAVD (1988), whichever is less, provided they do not extend beyond the side building lines.
2.
In-ground swimming pools and required pool fencing, circulating pumps and filters, air conditioners and heat pumps as permitted by Article 300 of this Ordinance.
3.
Architectural projections such as bay windows may extend into the required rear yard not more than two feet.
[Added 12-12-2019 by Ord. No. 19-15]
§ 25-204.21.8 Side Yard Building Off-Sets.
[Ord. #02-36, § 3; Ord. #03-12, § 3]
a.
To encourage and permit more innovative building design, the minimum required side yard setback must be maintained (or exceeded) for the entire length of one side of the building. Up to 30% of the second (opposing) side wall may extend into the larger side yard provided the minimum required side yard is met (or exceeded) for said wall. The opposing side wall is required to shift in the same direction and to the same extent. The remaining 70% of the second side wall shall comply with the larger side setback requirement.
§ 25-204.22.1 Purpose.
[Ord. #02-36, § 4]
The Bayou R-1 Neighborhood Zones 25/2500 and 30/3000 as established in Subsection 25-201.1.2 of this Ordinance are intended to provide and maintain the characteristics of a residential neighborhood comprised primarily of lagoon-front properties on curvilinear streets.
§ 25-204.22.3 Conditional Uses.
[Ord. #02-36, § 4]
None.
§ 25-204.22.4 Permitted Accessory Uses.
[Ord. #02-36, § 4]
a.
Private garages, per the standards contained in § 25-300.1a,2(d), and except that detached garages shall not be permitted in the rear yards of waterfront lots;
b.
In-ground swimming pools and equipment, with all required NJDEP approvals, and per the standards contained in § 25-300.1a,2(i);
c.
Above-ground swimming pools and equipment, per the standards contained in § 25-300.1a,2(i), and only in the rear yards of non-waterfront lots;
d.
Fences per the standards contained in § 25-1700.14;
f.
Sheds per the standards contained in § 25-300.1a,2(e), and except that sheds shall not be permitted in the rear yards of waterfront lots;
g.
Other customary private accessory buildings and uses which are located on the same lot as the principal building and which are clearly incidental to the principal use. Such accessory buildings and uses shall not include any business activity.
§ 25-204.22.5 Bulk Requirements.
The following schedule applies to the Bayou R-1 Neighborhood Zones and provides requirements for lot area, lot width, lot frontage, lot depth, front, side and rear yards, building height, number of stories, floor ratio, building coverage and impervious surface coverage.
See the attachment for the Bayou R-1 Neighborhood Zones - Schedule of District Regulations.
§ 25-204.22.6 Rear Yard.
[Ord. #03-12, § 3; Ord. #09-28, § 9]
A rear yard shall be provided on every lot in accordance with the requirements contained in the Schedule of District Regulations. In addition, the following special requirements shall also apply:
a.
On lagoon-front lots, if the rear lot line is on the waterside of the physical bulkhead, bulkheads, or bulkhead line, the rear setback shall be measured from the landward physical bulkhead. In the event there is more than one (1) side of the physical bulkhead on said property, the rear setback shall be measured from the most landward physical bulkhead.
b.
On lagoon-front lots, if the rear lot line is landward of the physical bulkhead(s) or bulkhead line, the rear yard setback shall be measured from the rear lot line.
§ 25-204.22.7 Encroachments Permitted in Required Yards [Bayou].
[Ord. #2016-12 § 2]
a.
Side Yard. These encroachments are not permitted on any lot that utilizes the side yard provisions contained in Subsection 25-204.21.8.
b.
Rear Yard.
1.
Patios at an elevation of 18 inches above grade or 7.0 feet NAVD (1988), whichever is less, provided they do not extend beyond the side building lines.
2.
In-ground swimming pools and required pool fencing, circulating pumps and filters, air conditioners and heat pumps as permitted by Article 300 of this Ordinance.
3.
Architectural projections such as bay windows may extend into the required rear yard not more than two feet.
[Added 12-12-2019 by Ord. No. 19-15]
§ 25-204.23.1 Purpose.
[Ord. #02-36, § 5]
The Bay West R-1 Neighborhood Zones 30/3000, 40/4000, 50/5000 and 60/6000 as established in Subsection 25-201.1.2 of this Ordinance are intended to provide and maintain the characteristics of a single-family neighborhood having a traditional street pattern with alleys, and varying lot sizes.
§ 25-204.23.4 Permitted Accessory Uses.
[Ord. #02-36, § 5]
d.
Fences per the standards contained in § 25-1700.14;
g.
Other customary private accessory buildings and uses which are located on the same lot as the principal building and which are clearly incidental to the principal use. Such accessory buildings and uses shall not include any business activity.
§ 25-204.23.5 Bulk Requirements.
The following schedule applies to the Bay West R-1 Neighborhood Zone and provides requirements for lot area, lot width, lot frontage, lot depth, front, side and rear yards, building height, number of stories, floor area ratio, building coverage and impervious surface coverage.
See the attachment for the Bay West R-1 Neighborhood Zone - Schedule of District Regulations.
§ 25-204.24.1 Purpose.
[Ord. #02-36, § 5]
The Bay View R-2 Neighborhood Zones 40/4000, 50/5000 and 60/6000 as established in Subsection 25-201.1.2 of this Ordinance are intended to provide and maintain the characteristics of existing two-family residential areas within a neighborhood having a traditional street pattern with alleys, and varying lot sizes.
§ 25-204.24.2 Permitted Uses.
§ 25-204.24.4 Permitted Accessory Uses.
[Ord. #02-36, § 5]
d.
Fences per the standards contained in § 25-1700.14;
g.
Other customary private accessory buildings and uses which are located on the same lot as the principal building and which are clearly incidental to the principal use. Such accessory buildings and uses shall not include any business activity.
§ 25-204.24.5 Bulk Requirements.
The following schedule applies to the Bay West R-2 Neighborhood Zones and provides requirements for lot area, lot width, lot frontage, lot depth, front, side and rear yards, building height, total stories, floor area ratio, building coverage and impervious surface coverage.
See the attachment for the Bay West R-2 Neighborhood Zones - Schedule of District Regulations.
§ 25-204.25.1 Purpose.
[Ord. #02-36, § 6; Ord. #09-28, § 14]
The Stenton Place R-1 Neighborhood Zones 30/1950, 40/2600 and 44/4400 as established in Subsection 25-201.1.2 of this Ordinance are primarily intended to provide and maintain residential neighborhood characterized by single-family homes on shallow lots, some of which have alley access as well as to preserve streetscapes.
§ 25-204.25.3 Conditional Uses.
[Ord. #02-36, § 6]
None.
§ 25-204.25.4 Permitted Accessory Uses.
[Ord. #02-36, § 6]
c.
Fences per the standards contained in § 25-1700.14;
d.
Other customary private accessory buildings and uses and which are located on the same lot as the principal building and which are clearly incidental to the principal use. Such accessory buildings and uses shall not include any business activity.
§ 25-204.25.5 Bulk Requirements.
The following schedule applies to the Stenton Place R-1 Neighborhood Zones and provides requirements for lot area, lot width, lot frontage, lot depth, front, side and rear yards, building height, total stories, floor area ratio, building coverage and impervious surface coverage.
See the attachment for the Stenton Place R-1 Neighborhood Zones - Schedule of District Regulations.
§ 25-204.26.1 Purpose.
[Ord. #18-21; Ord. #19-04]
The Inclusionary Incentive Overlay Zone is intended to increase the diversity of housing and provide realistic opportunities for affordable housing as defined at N.J.A.C. 5:97-1.4. Development of two-family dwellings and multi-family dwellings in accord with this ordinance are required to set aside a percentage of the total dwelling units as affordable units. Incentives to utilize the Inclusionary Incentive Overlay Zone include increased density and building height.
§ 25-204.26.2 Bulk Requirements.
§ 25-204.26.3 Maximum Affordable Housing Set-aside.
[Ord. #18-21; Ord. #19-04]
a.
Sale Units - The maximum affordable housing set-aside applied to sale units is twenty (20) percent of the total number of units in the development.
b.
Rental Units - The maximum affordable housing set-aside applied to rental units is fifteen (15) percent of the total number of units in the development.
§ 25-204.26.4 Construction of Affordable Housing Units.
[Ord. #18-21; Ord. #19-04]
Developers shall construct the affordable units required by this ordinance as follows:
a.
On the subject site;
b.
Elsewhere in the municipality as approved by the Planning Board or Zoning Board of Adjustment;
c.
Payment in lieu of construction providing the whole or fractional affordable units required, subject to the following:
1.
Payments in lieu of constructing affordable units may represent fractional affordable units. The affordable housing requirement shall not be rounded.
2.
If the calculation of the total number of affordable units required yields a fraction of less than 1/2, then a pro-rated payment in lieu or one additional unit shall be provided, at the developer's option. If the calculation of the total number of affordable units required yields a fraction of 1/2 or greater, the additional unit shall be provided.
[Amended 11-26-2019 by Ord. No. 19-17]
3.
The amount of payments in lieu of constructing affordable units on site shall be $182,859.
4.
Payments in lieu of constructing affordable units shall be deposited into an affordable housing trust fund pursuant to N.J.A.C. 5:97-8.4 and subject to the provisions thereof.
5.
Payments in lieu of constructing affordable housing shall not be permitted where affordable housing is not required. Zoning that does not require an affordable housing set-aside or permit a corresponding payment in lieu may be subject to a development fee ordinance pursuant to N.J.A.C. 5:97-8.3.
d.
Affordable housing units shall be built in accordance with the following schedule:
Percentage of Market-rate Units Completed | Minimum Percentage of Low- and Moderate-Income Units Completed |
|---|---|
25 | 0 |
25 + 1 unit | 10 |
50 | 50 |
75 | 75 |
90 | 100 |
e.
To the extent feasible, developers shall fully integrate the low- and moderate-income units with the market units.
f.
Affordable units shall utilize the same heating source as market-rate units within the inclusionary development and have access to all community amenities available to market-rate units and subsidized in whole by association fees.
g.
The first floor of all townhouse dwelling units and all other multistory dwelling units comply with N.J.A.C. 5:97-3.14.
h.
The affordable units shall comply with N.J.A.C. 5:97-9 and UHAC.
§ 25-204.27 Design Incentives.
[Ord. #02-19; Ord. #02-36, § 1; Ord. #04-13, § 2; Ord. #08-12, § 3]
In an effort to attract high quality residential design consistent with the architectural character of the City's historic structures, enhanced bulk standards may be applied to one- and two-family dwellings in the zone districts specified.
§ 25-204.27.1 Qualifications.
[Ord. #02-19; Ord. #02-36, § 9; Ord. #03-12, § 3; Ord. #04-13, § 2; Ord. #08-12, § 3; Ord. #12-19, § 3; Ord. #13-07, § 5; Ord. #13-24, § 8; Ord. #14-36 § 2; Ord. #2015-12 § 1; Ord. #2016-14 § 2]
In order to utilize the enhanced standards, the proposed development shall fully satisfy all of the following qualifications.
a.
Porches. Buildings shall have a front porch at the elevation of the first habitable floor. Designs with one (1) porch above the other, a deck over a deck where the upper deck is integrated into the building with a pent roof instead of railing, Decorative Architectural Railing, and a deck with a permanent open (as opposed to solid) roof satisfy this qualification. The width of the front porch shall be equal to at least one-third (1/3) of the front building width. The porch shall be at least eight feet (8') in depth.
On corner lots, both street facades shall have a front porch at or below the elevation of the first habitable floor, which may be one (1) continuous porch. The width of the porch on the narrow frontage shall be equal to at least one-third (1/3) of the building width. The width of the porch on the second frontage shall be at least eight feet (8') measured from the corner of the building.
The area between the porch deck (or floor) and grade shall be enclosed with solid panels or paneled screen architectural elements.
Buildings on interior lots fifty feet (50') or more in width, except for the Corinthian 2-30/1950 Zone, shall have a first floor side porch, which shall be a continuation of the front porch. This side porch shall be at least eight feet (8') in depth and shall extend a minimal distance of six feet (6') from the front building line along the side of the building.
[Ord. #2014-36; Ord. #2015-12; Ord. #2016-14 § 2]
b.
Steps to the Street. Steps that connect the porch to the street level are required. Steps to a grade-level garage or storage room do not satisfy this qualification. Buildings on lots without alley access are encouraged to have steps but are not required to have them. Corner lots shall have steps on at least one (1) of the frontages. These steps and associated landings may extend to within six inches (6") of the front and/or side property line provided they do not extend past the nearest edge of the existing sidewalk or sidewalk line established for the subject block.
c.
Visual Screening. All carport areas shall be visually screened with an architectural element. Vegetative material may be used to supplement this screen but is not adequate when used alone. Garages shall be enclosed with solid walls and doors and, where applicable, set back at least two feet (2') from the front edge of the front porch.
d.
Fences and Walls. Fences should be an open design of wood, iron, stone, brick, vinyl or plant materials. Chain-link, unfaced concrete block, or plywood fences are not acceptable. Retaining walls should be of dry stone or stone masonry. Fences and walls shall comply with the requirements contained in Subsection 25-1700.13.3 and § 25-1700.14.
e.
Street Trees. Street trees shall be provided and maintained on each street frontage in accordance with requirements contained in § 25-1700.38.
f.
Roof Pitch. All buildings shall have a pitched roof as defined herein.
g.
Lowest Floor. For buildings on lots with rear alley access, and for buildings without an integrated garage on lots not having rear alley access, the maximum elevation of top of the lowest floor for the front one-third (1/3) of the building shall be five feet (5') above finished grade. This elevation may be increased one foot (1') for every one foot (1') or portion thereof, necessary to elevate the top of the lowest floor to conform to the zoning flood elevation.
§ 25-205 BUSINESS DISTRICT REGULATIONS. [1]
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 89-22, 96-20, 96-32, 02-19, 02-29, 02-36, 03-12, 03-22, 04-13, 06 — 20, 06-36, 07-02, 07-14 and 07-26.
§ 25-205.1.1 Purpose.
[Ord. #07-31, § 2; Ord. #14-37]
The Central Business Zone established in § 25-201.2 of this Ordinance is intended to provide a focal point of retail activity and professional offices in close proximity to the historical center of town, in accordance with the provisions of N.J.S.A. 40:55D-2(g).
§ 25-205.1.2 Permitted Uses.
[Ord. #07-31, § 2; Ord. #14-37]
One or more of the following uses shall be permitted on any lot in the CB Zone.
a.
Retail sales and retail services;
b.
Banks, savings and loan associations, federal credit unions;
c.
Municipal facilities deemed necessary and appropriate by the governing body of the City of Ocean City;
d.
Health clubs;
e.
Restaurants (excluding drive-through restaurants), and other eating establishments including but not limited to cafes, coffee shops, luncheonettes, pizzerias, snack shops, bakeries and sidewalk cafes;
f.
Home design studios (including showroom, garage, warehouse and shop); provided all materials and equipment are stored, and all fabrication and processing contained, within a completely enclosed building.
g.
Essential services;
§ 25-205.1.3 Conditional Uses.
[Ord. #07-31, § 2; Ord. #14-37]
a.
Quasi-public uses subject to § 25-208.2.3; and
b.
Residential dwelling units in a mixed-use building subject to § 25-208.2.5.
c.
Educational uses subject to § 25-208.2.1 of this Ordinance.
§ 25-205.1.4 Permitted Accessory Uses.
[Ord. #07-31, § 2; #14-37]
a.
Manufacturing, assembly and fabrication clearly incidental to the conduct of the principal business in which no more than four (4) persons are employed;
b.
On-site storage of goods;
c.
Signs in accordance with this § 25-1700.29 of this Ordinance;
d.
Solid waste/recyclable material storage in accordance with § 25-1700.31 of this Ordinance;
e.
Landscaping, buffers and screening in accordance with the requirements set forth in § 25-1700;
f.
Off-street parking areas, truck berths and loading docks.
g.
Fences and walls in accordance with § 25-1700.14 of this Ordinance.
h.
Other customary accessory uses, buildings and structures, which are clearly incidental to the principal use(s) and building(s).
i.
Open mic entertainment.
§ 25-205.1.5 Bulk Requirements.
[Ord. #07-31, § 2; Ord. #14-37]
The following schedule applies to the Central Business Zone and provides requirements for lot area, lot width, lot frontage, lot depth, front, side and rear yards, building height, number of stories, building coverage and impervious surface coverage.
See the attachment for the Central Business Zone CB - Schedule of District Regulations.
§ 25-205.1.6 Building Design.
[Ord. #07-31, § 2; Ord. #14-37]
a.
General Guidelines.
1.
Infill building design should be consistent with the design of significant buildings that already exist on adjacent lots.
2.
New buildings should strive for a contextual approach to design. A contextual design approach does not mean that new buildings should imitate older buildings, but rather that they should be sensitive to the surrounding built and natural environment.
3.
New buildings should provide an appropriate harmonious relationship to existing nearby structures in terms of height and scale.
4.
The height and scale of new buildings should be similar to that of the surrounding area, or articulated or subdivided into massing that is more or less proportional to other structures in the area and maintains the existing architectural rhythm.
5.
The scale of new infill buildings should be sensitive to pedestrians. Large buildings should contain design elements for entrance ways, plazas, facades, and general street level design that creates a street frontage that is attractive and pleasant for pedestrians.
6.
The selection of building design elements, such as materials, fenestration, color, texture, etc., should ensure that such treatment is harmonious with that prevalent in the area where such prevalence exists and such harmony is desirable.
7.
The incorporation of desirable design features in the surrounding area, for example, continuing a particular design feature or statement, is encouraged.
8.
When the development consists of or includes a building addition, the addition should be designed to reflect the existing building in terms of scale, fenestration and color. A change in scale, for example, may require a transitional design element between the addition and the existing building.
9.
The lowest floor in commercial and mixed-use buildings should be elevated to the greatest extent practical to comply with BFE requirements.
b.
Design Standards. The following requirements shall apply to all new development, additions, alterations, renovations to front building facades, and modifications affecting the commercial floor area. Buildings should be compatible in terms of their placement on the lot, height, general design, architectural embellishment, facade treatment, and finish materials.
1.
Minimum 1st Floor Commercial Floor Area. Fifteen hundred (1,500) square feet or fifty percent (50%) of the lot area, whichever results in the greater floor area.
2.
The minimum required interior floor-to-ceiling height for new first floor commercial space shall be twelve feet (12'). This minimum ceiling height may be reduced to eight feet (8') when buildings are being renovated to comply with BFE requirements.
3.
Minimum Interior Store Width. Twenty-four feet (24').
4.
Transparent windows equal in area to not less than forty-five percent (45%) of the first floor commercial unit's front facade are required subject to the following:
(a)
Buildings located on corner lots shall meet this requirement for both street-facing facades.
(b)
Windows shall use clear or lightly tinted glass, except for decorative or architectural accents, typical of commercial storefronts and not of the type utilized on residential dwellings. Reflective glass is not an acceptable window material.
(c)
The percentage of glass shall be calculated by measuring the height (from the base of the front wall to the top of the first wall plate) and width of the front wall of the commercial unit, and the area of glass within the main frame(s) of the windows and doors. Frames, grids and mullions shall not be included in this calculation.
5.
Front Entry. An entry from the street providing access to the upper floors is required on all lots forty feet (40') or greater in width. This entry shall be secondary in terms of design to the primary access for the commercial space.
6.
Porches and decks are permitted at the rear second and third floor levels. Porches and decks are not permitted on the front of buildings.
7.
Buildings located on corner lots shall treat both street frontages as front facades in terms of architecture and setbacks.
8.
To accommodate food preparation, venting for the entire first floor to the roof is required.
9.
Flat roofs are to be enclosed by a parapet.
10.
Vinyl and aluminum siding on front facades is prohibited.
11.
Front facades shall be designed to be compatible with adjacent structures in terms of vertical and horizontal building elements, and to provide interest to pedestrians through the use of architectural relief, selection of materials and components, window and door frames, pediments, columns, etc.
12.
Where the side of a building is visible from an adjoining property or the public right-of-way, the design and materials used on the front facade shall be extended to at least one-third (1/3) of the building's side facade.
13.
All new structures shall have the primary entrance oriented toward the street or public walkway, with direct, barrier-free and convenient pedestrian access.
14.
Buildings on corner lots shall have the main entrance on the primary street (Asbury Avenue or Central Avenue). This requirement does not preclude additional rear or side entrances.
15.
The landscaping, lighting, signage and accessory features such as street furniture and hardware, trash storage, and mechanical equipment shall be consistent with established norms and compatible with the infill design.
§ 25-205.1.7 Vacant Lots.
[Ord. #07-31, § 2; Ord. #14-37]
Any lot within the Central Business Zone kept vacant for more than one hundred eighty (180) days shall be landscaped and thereafter maintained in good order by the owner. The landscaping shall be appropriate to an urban park or garden.
§ 25-205.1.8 Off-Street Parking and Loading.
[Ord. #07-31, § 2; Ord. #14-37]
a.
Off-street parking spaces shall be provided as noted:
1.
Retail Sales (including Pet Shops). No parking spaces required.
2.
Banks, savings and loan associations, federal credit unions. One (1) parking space for each three hundred fifty (350) square feet of gross floor area and one (1) space for every four (4) employees on the shift with the largest number of employees.
3.
Personal Service Shops. No parking spaces required.
4.
Restaurants (excluding drive-through restaurants), and other eating establishments including but not limited to cafes, coffee shops, luncheonettes, pizzerias, snack shops and bakeries. No parking spaces required.
5.
Professional Offices and Home Design Studios. One (1) parking space for every one thousand (1,000) square feet, or fraction thereof.
6.
Residential. Required parking spaces for residential dwelling units shall be determined by the number of bedrooms as follows:
2 bedrooms, 1.5 parking spaces
3 bedrooms, 2.0 parking spaces
4 bedrooms, 2.5 parking spaces[1]
[1]
Where the number of bedrooms is not specified, this parking requirement shall apply.
b.
Off-site parking spaces may be provided through one (1) or a combination of the following options:
1.
Providing the required spaces on other properties owned in fee simple by the commercial use, located within a zone which permits the proposed use(s), either contiguous with or within five hundred feet (500') walking distance of a primary pedestrian entrance to the site being developed.
2.
Providing evidence that the required parking spaces have been leased or rented from others within five hundred feet (500') walking distance of a primary pedestrian entrance to the site being developed. In such case, the parking spaces to be leased or rented shall be properly established under the terms of this Ordinance and the minimum term of such lease or rental shall be consistent with the probable duration of the proposed occupancy but not less than twenty (20) years.
c.
Stacked Parking.
1.
Parking spaces for commercial uses may be placed in a "stacked" fashion, one behind the other, provided that each parking space is clearly designated and the business owner/operator has established a vehicle management plan.
2.
Parking spaces for residential uses may be placed in a "stacked" fashion, one behind the other; provided that each parking space is clearly designated and assigned to the dwelling unit it is intended to serve.
d.
Parking Buffer. Off-street parking spaces shall not be within four feet (4') of any structure, except when the parking spaces are located directly adjacent to a garage door in which case no setback is required.
e.
Mixed Uses. For mixed uses, required parking facilities shall be the sum of the requirements for the individual uses, computed separately in accordance with this Ordinance. Parking facilities for one (1) use shall not be considered as providing the required parking facilities for any other use.
f.
Truck Berths. Truck berths shall be provided for all lots sixty feet (60') or more in width, as specified in § 25-300.12.4.l of this Ordinance.
g.
Shared Parking. Parking spaces shared by two (2) or more uses located on adjacent properties is permitted, provided that the total amount of such parking spaces shall not be less than the total parking requirement for all uses if computed separately.
h.
Parking lots are not permitted within any required front yard setback.
§ 25-205.1.9 Streetscape Design Standards.
[Ord. #07-31 § 2; Ord. #14-37]
All sidewalk areas and curbs (public and private) on Asbury Avenue between 6th Street and 11th Street, and from Asbury Avenue to the alley on corners between 6th Street and 11th Street, inclusive, shall be French Gray, with no pavers, and installed in compliance with Standard Specifications, as amended.
§ 25-205.1A Central Business-1 (CB-1) Zone. [1]
§ 25-205.1A.1 Purpose.
[Ord. #08-01, § 1; Ord. #14-31 § 1]
The Central Business-1 Zone established in § 25-201.2 of this Ordinance is intended to provide for more diversity in the mix of permitted uses adjacent to the downtown. The CB-1 Zone also functions as a transitional area between the Central Business Zone, Drive-in Business Zone and adjacent residential districts.
§ 25-205.1A.2 Permitted Uses.
[Ord. #8-01, § 1; Ord. #14-31 § 1]
One or more of the following uses shall be permitted on any lot in the CB-1 Zone:
a.
Retail sales and retail service;
b.
Banks, savings and loan associations and other fiduciary institutions;
c.
Professional offices;
d.
Restaurants, (excluding drive-through restaurants), and other eating establishments including but not limited to cafes, coffee shops, luncheonettes, pizzerias, snack shops, bakeries and sidewalk cafes;
e.
Essential services;
f.
Contractor's office, showroom, garage, warehouse and shop, and home design studios, provided all materials and equipment are stored within a completely enclosed building.
g.
One-family and two-family dwelling units subject to R1-30 and R2-30 bulk requirements, respectively.
Municipal facilities deemed necessary and appropriate by the governing body of the City of Ocean City.
§ 25-205.1A.3 Conditional Uses.
[Ord. #08-01, § 1; Ord. #14-31 § 1]
a.
Quasi-public uses subject to § 25-208.2.3 of this Ordinance.
b.
Educational uses subject to § 25-208.2.1 of this Ordinance.
c.
Places of worship subject to § 25-208.2.2 of this Ordinance.
d.
Residential dwelling units in a mixed-use building subject to § 25-208.2.5 of this Ordinance.
§ 25-205.1A.4 Permitted Accessory Uses.
[Ord. #08-01, § 1; Ord. #14-31 § 1]
a.
Manufacturing clearly incidental to the conduct of a retail business in which no more than four (4) persons are employed and subject to compliance with § 25-1400.3 of this Ordinance;
b.
On-site storage of goods incidental to the daily conduct of the on-site retail business;
c.
Signs subject to § 25-1700.29 of this Ordinance;
d.
Solid waste and recyclable storage subject to § 25-1700.31 of this Ordinance.
e.
Landscaping, buffer areas and screening shall be in accordance with § 25-1700.
f.
Fences and walls in accordance with § 25-1700.14 of this Ordinance.
g.
Off-street parking areas, truck berths and loading docks.
h.
Other customary accessory uses, buildings and structures, which are clearly incidental to the principal use(s) and building(s).
i.
Open mic entertainment.
§ 25-205.1A.5 Bulk Requirements.
[Ord. #08-01, § 1; Ord. #14-31]
The following schedule applies to the Central Business-1 Zone and provides requirements for lot area, lot width, lot frontage, lot depth, front, side and rear yards, building height, building coverage and impervious surface coverage.
See the attachment for the Central Business-1 Zone CB-1 - Schedule of District Regulations.
§ 25-205.1A.6 Side Yards.
[Ord. 08-01, § 1; Ord. #14-31 § 1]
a.
Two (2) side yards shall be required for residential units (as permitted conditional uses) on the second and/or third floors; said side yards shall each be a minimum of four feet (4').
b.
An elevator and/or stairwell to a second and/or third floor use may encroach not more than eighteen inches (18") into one (1) side yard.
§ 25-205.1A.7 Off-Street Parking.
[Ord. #08-01 § 1; Ord. #14-31 § 1]
a.
Off-street parking spaces shall be provided as noted. For all other uses, refer to § 25-300.12.5 of this Ordinance.
1.
Retail sales (including Pet Shops), and retail services — no parking required.
2.
Restaurants (excluding drive-through restaurants), and other eating establishments including but not limited to cafes, coffee shops, luncheonettes, pizzerias, snack shops and bakeries. — No parking required.
3.
Professional offices, Contractor's Offices and Home Design Studios — one (1) parking space for every 1,000 square feet, or fraction thereof.
4.
Banks, savings and loan associations, federal credit unions. One (1) parking space for each three hundred fifty (350) square feet of gross floor area and one (1) space for every four (4) employees on the shift with the largest number of employees.
b.
Off-site parking spaces may be provided through one (1) or a combination of the following options:
1.
Providing the required spaces on other properties owned in fee simple by the commercial use, located within a zone which permits the proposed use(s), either contiguous with or within five hundred feet (500') walking distance of a primary pedestrian entrance to the site being developed.
2.
Providing evidence that the required parking spaces have been leased or rented from others within five hundred feet (500') walking distance of a primary pedestrian entrance to the site being developed. In such case, the parking spaces to be leased or rented shall be properly established under the terms of this Ordinance and the minimum term of such lease or rental shall be consistent with the probable duration of the proposed occupancy but not less than twenty (20) years.
c.
Stacked Parking.
1.
Parking spaces for commercial uses may be placed in a "stacked" fashion, one behind the other, provided that each parking space is clearly designated and the business owner/operator has established a vehicle management plan.
2.
Parking spaces for residential uses may be placed in a "stacked" fashion, one behind the other; provided that each parking space is clearly designated and assigned to the dwelling unit it is intended to serve.
d.
Designation of Parking Spaces. Parking spaces designated for the commercial and/or residential use shall be clearly indicated on all site plans and zoning permits. Details of such designation, whether in the form of signage or pavement marking, shall also be provided. Verification of such parking space designation shall be required prior to the issuance of the certificate of occupancy.
e.
Parking Buffer. Except as otherwise noted, off-street parking spaces shall not be within four feet (4') of any structure except when the parking spaces are located directly adjacent to a garage door in which case no setback is required.
f.
Mixed Uses. Parking for mixed uses shall be the sum of the requirements for the individual uses, computed separately in accordance with this Ordinance. Parking facilities for one (1) use shall not be considered as providing the required parking facilities for any other use.
g.
Truck Berths. Truck berths shall be provided on all lots sixty (60) feet or more in width as specified in § 25-300.12.4.l of this Ordinance.
h.
Shared Parking. Parking spaces shared by two (2) or more uses located on adjacent properties are permitted, provided that the total amount of parking spaces shall not be less than the total requirement for all uses if computed separately.
i.
Vehicular access to drive-thru facilities, parking areas, loading and unloading spaces shall be provided as specified in § 25-300.12.6 of this Ordinance.
§ 25-205.1A.8 Building Design.
[Ord. #08-01 § 1; Ord. #14-31 § 1]
a.
General Guidelines.
1.
Infill building design should be consistent with the design of significant buildings that already exist in the adjacent vicinity.
2.
The scale of new infill buildings should be sensitive to pedestrians. Large buildings should contain design elements for entrance ways, plazas, facades, and general street level design that creates a street frontage that is attractive and pleasant for pedestrians.
3.
The incorporation of desirable design features in the surrounding area, for example, continuing a particular design feature or statement, is encouraged.
4.
When the development consists of or includes a building addition, the addition should be designed to reflect the existing building in terms of scale, fenestration and color. A change in scale, for example, may require a transitional design element between the addition and the existing building.
5.
The lowest floor in commercial and mixed-use buildings should be elevated to the greatest extent practical to comply with BFE requirements.
b.
Design Standards. The following requirements shall apply to all new development, additions or alterations, renovations to front building facades, and modifications which require site plan or variance approval.
1.
Minimum interior floor-to-ceiling height for new first floor commercial space shall be twelve feet (12'). This minimum height may be reduced to eight feet (8') when buildings are being renovated to comply with BFE requirements.
2.
Minimum commercial floor area shall be fifteen hundred (1,500) square feet or fifty percent (50%) of the lot area, whichever results in the greatest floor area.
3.
Minimum interior width for first floor commercial space shall be twenty-four feet (24').
4.
Transparent windows equal in area to not less than forty-five percent (45%) of the first floor commercial unit's front facade are required subject to the following:
(a)
Buildings located on corner lots shall meet this requirement for both street-facing facades.
(b)
Windows shall use clear or lightly tinted glass, except for decorative or architectural accents, typical of commercial storefronts and not of the type utilized on residential dwellings. Reflective glass is not an acceptable window material.
(c)
Windows shall allow pedestrians unobstructed views into the building or into display windows from the outside extending at least ten feet (10') into the interior.
(d)
The percentage of glass shall be calculated by measuring the height (from the base of the front wall to top of first floor plate) and width of the front wall of the commercial unit, and the area of glass within the main frame(s) of the windows and doors. Frames, grids and mullions shall not be included in this calculation.
5.
Buildings located on corner lots shall treat both street frontages as front facades in terms of architecture, windows and setbacks.
6.
In order to accommodate commercial cooking appliances and other uses requiring a mechanical ventilation system, ductwork meeting the specifications in the current edition of the International Mechanical Code for commercial cooking appliances shall be installed in each commercial unit.
7.
Flat roofs are to be enclosed by a parapet.
8.
Vinyl and aluminum siding on front (street-facing) facades is prohibited.
9.
Where the side of a building is visible from an adjoining property or the public right-of-way, the design and materials used on the front facade shall be extended to at least one-third (1/3) of the building's side facade.
10.
All new structures shall have the primary entrance oriented toward the street or public walkway, with direct, barrier-free and convenient pedestrian access.
11.
Buildings on corner lots shall have their main entrances on the primary street. This requirement does not preclude additional rear or side entrances.
12.
The landscaping, lighting, signage and accessory features such as street furniture and hardware, trash storage, and mechanical equipment shall be compatible with the infill design.
13.
All sidewalk areas and curbs (public and private) on Asbury Avenue between 6th Street and 11th Street, and from Asbury Avenue to the alley on corners between 6th Street and 11th Street, inclusive, shall be French Gray, with no pavers, and installed in compliance with Standard Specifications, as amended.
§ 25-205.1A.9 Signs.
[Ord. #02-19; Ord. #03-22, § 1; Ord. #04-13, § 3]
In accordance with § 25-1700.29, Signs, of this Ordinance.
§ 25-205.1A.10 Special Restaurant Provision.
[Ord. #08-01, § 1]
Restaurants shall not be prohibited or limited at any time or by any means including, but not limited to conditions contained within a master deed, deed restriction, certificate of occupancy, mercantile license, certificate of zoning compliance or other instrument. This requirement shall be memorialized in the decision and resolution approving the site plan and shall be promptly recorded thereafter.
§ 25-205.2.1 Purpose.
[Ord. #02-19; Ord. #03-22, § 1]
The Drive-in Business Zone established in § 25-201.2 of this Ordinance is intended to reserve certain areas in Ocean City for the location of commercial uses which by their nature require a large traffic volume to sustain their trade. These land uses characteristically generate a large volume of automobile traffic of their own and need to be located adjacent to traffic arteries.
§ 25-205.2.2 Permitted Use.
[Ord. # 02-19; Ord. # 03-22, § 1; Ord. # 12-20, § 1]
a.
Retail sales.
b.
Retail services.
c.
Professional offices.
d.
Business services.
e.
Health care facilities, health care services.
f.
Health clubs, indoor recreation center.
g.
Banks, savings and loan associations, and other fiduciary institutions.
h.
Public transportation facilities.
i.
Restaurants, including fast-food and drive-in restaurants.
j.
Animal hospitals in conjunction with veterinarians.
k.
Shopping centers.
l.
Arts studio and arts center.
m.
Aquarium.
n.
Pedestrian mall.
o.
Contractor's office, showroom, garage, warehouse and shop, except on lots adjoining 9th Street.
p.
Laundry, except on lots adjoining 9th Street.
q.
Taxi stands, except on lots adjoining 9th Street.
r.
Warehousing and storage, except on lots adjoining 9th Street.
s.
Essential services.
t.
Lumberyards, except on lots adjoining 9th Street.
u.
Automobile sales, except on lots adjoining 9th Street.
v.
Car washes, except on lots adjoining 9th Street.
§ 25-205.2.3 Conditional Uses.
[Ord. # 02-19; Ord. # 03-22, § 1; Ord. # 12-20, § 1; Ord. #13-19, § 2; Ord. No. 2016-03 § 1; Ord. #2016-15 § 1; Ord. #18-09 § 1]
a.
Schools, educational uses and libraries subject to Subsection 25-208.2.1 of this Ordinance.
b.
Churches, places of worship and clergy residences subject to Subsection 25-208.2.2 of this Ordinance.
c.
Private and quasi-public recreational, philanthropic and eleemosynary uses subject to Subsection 25-208.2.3 of this Ordinance.
d.
Public utilities and structures subject to Subsection 25-208.2.4 of this Ordinance.
e.
Except on 9th Street, residential dwelling units in a mixed-use building subject to Subsection 25-208.2.5 a, b, d and f of this Ordinance.
f.
Filling stations subject to Subsection 25-208.2.7 of this Ordinance.
g.
Detached single-family dwelling units subject to Subsection 25-208-2.5e and f of this Ordinance.
§ 25-205.2.4 Permitted Accessory Uses.
[Ord. #02-19; Ord. #03-22, § 1]
a.
Manufacturing clearly incidental to the conduct of a retail business in which no more than four (4) persons are employed, provided that said manufacturing use shall not produce beyond its property boundaries any excessive noise, fumes, noxious odors or other nuisances;
b.
Fences;
c.
Signs; and
d.
Parking lots.
§ 25-205.2.5 Bulk Requirements.
Lot area, lot width, lot frontage, front yard, rear yard, side yard, lot depth, building height, stories, building coverage and impervious coverage shall be in accordance with the following schedule:
See the attachment for the DB Drive-in Business Zone - Schedule of District Regulations.
§ 25-205.2.6 Front Yard.
[Ord. #02-19; Ord. #03-22, § 1; Ord. #09-28, § 9; Ord. #2016-15 § 2]
a.
A front yard shall be required on every lot in accordance with the Schedule of District Regulations.
b.
Car sales operations shall in no case place any vehicle offered for sale nor any light standard within fifteen feet (15') of the front property line.
c.
For all corner lots on 9th Street, the front lot line shall be the 9th Street right-of-way line.
§ 25-205.2.7 Side Yard.
[Ord. #2016-15 § 3]
a.
A side yard shall be required on every interior lot in accordance with the Schedule of District Regulations.
b.
On corner lots fronting 9th Street the side yard adjoining the public right-of-way shall be a minimum of ten feet (10') in width. Interior side yards on these corner lots shall be in accordance with the Schedule of District Regulations.
§ 25-205.2.8 Off-Street Parking.
[Ord. #03-22, § 1; Ord. #2016-15 § 4]
Off-street parking shall be provided as required by § 25-300.12 of this Ordinance.
§ 25-205.2.9 Signs.
[Ord. #02-19; Ord. #03-22, § 1; Ord. #2016-15 § 4]
In accordance with § 25-1700.29, Signs, of this Ordinance.
§ 25-205.3 (Reserved)
Former § 25-205.3, O&B, Office and Bank Zone, previously codified herein and containing portions of Ordinance Nos. 02-19 and 03-22 was repealed in its entirety by Ordinance No. 12-20.
§ 25-205.4.1 Purpose.
[Ord. #02-19; Ord. #03-22, § 1; Ord. #04-13, § 3; Ord. #07-37, § 2; Ord. No. 2015-20]
The Neighborhood Business Zone established in § 25-201.2 of this Ordinance is designed to provide for groups of small business establishments located to serve frequent retail and personal service needs of residents within short travel distances in neighborhoods. Residential uses located above such business establishments are permitted. These districts are not intended to permit major commercial or service establishments which would attract substantial amounts of trade from outside the neighborhood.
§ 25-205.4.2 Permitted Uses.
[Ord. #89-22, § 2; Ord. #02-19; Ord. #03-22, § 1; Ord. #04-13, § 3; Ord. #07-37, § 2; Ord. No. 2015-20]
One or more of the following uses shall be permitted on any lot in the NB Zone.
a.
Retail stores for the dispensing of goods directly to the public primarily residing in the immediate neighborhood, such as grocery stores, specialty shops, stationery stores, art shops, hobby shops, specialty clothing boutiques, gift shops, bakeries, fruit and vegetable stores, restaurants, florists and other similar stores.
b.
Personal service shops, such as barber shops, beauty shops, shoe repair shops, laundromats, photographic studios, tailoring and dressmaking shops, and other similar services.
c.
Professional offices, such as real estate offices, physicians' offices, accountants' offices, dental offices, architects' offices, engineers' offices, planners' offices, lawyers' offices and other similar offices.
d.
Essential services.
e.
Bicycle rentals and sales.
f.
Restaurants, not including fast-food restaurants.
g.
Yoga and dance studios.
§ 25-205.4.3 Conditional Uses.
[Ord. #02-19; Ord. #03-22, § 1; Ord. #04-13, § 3; Ord. #07-37, § 2; Ord. No. 2015-20]
a.
Churches;
b.
Private and quasi-public recreational, philanthropic and eleemosynary uses;
c.
Residential dwelling units subject to Subsection 25-208.2.5 of this Ordinance.
§ 25-205.4.4 Permitted Accessory Uses.
[Ord. #02-19; Ord. #03-22, § 1; Ord. #04-13, § 3; Ord. #07-37, § 2; Ord. No. 2015-20]
a.
On-site storage of goods incidental to the daily conduct of the on-site retail business.
b.
Solid waste storage in accordance with § 25-1700.31 of this Ordinance.
c.
Fences and walls in accordance with § 25-1700.14 of this Ordinance.
d.
Signs shall be in accordance with § 25-1700.29 of this Ordinance.
e.
Landscaping, buffer areas and screening shall be in accordance with § 25-1700.
f.
Other customary accessory uses, buildings and structures, which are clearly incidental to the principal use(s) and building(s).
§ 25-205.4.5 Bulk Requirements.
[Ord. #02-19; Ord. #03-22, § 1; Ord. #04-13, § 3; Ord. #07-37, § 2; Ord. #09-28, § 9]
Building height, total stories, lot area, lot width, front yard, rear yard, side yard, maximum lot coverage, maximum impervious lot coverage shall be in accordance with the Schedule of District Regulations and Schedules B, C.
See the attachment for the Neighborhood Business Zone NB - Schedule of District Regulations.
Schedules B and C, referred to in the bulk requirements attachment, may be found in § 25-209.
§ 25-205.4.6 Building Design.
[Ord. #03-22, § 1; Ord. #04-13, § 3; Ord. #07-37, § 2]
a.
General Guidelines.
1.
Infill building design should be consistent with the design of significant buildings that already exist in the adjacent vicinity.
2.
The scale of new infill buildings should be sensitive to pedestrians. Large buildings should contain design elements for entrance ways, plazas, facades, and general street level design that creates a street frontage that is attractive and pleasant for pedestrians.
3.
The incorporation of desirable design features in the surrounding area, for example, continuing a particular design feature or statement, is encouraged.
4.
When the development consists of or includes a building addition, the addition should be designed to reflect the existing building in terms of scale, fenestration and color. A change in scale, for example, may require a transitional design element between the addition and the existing building.
b.
Design Standards. The following requirements shall apply to all new development or additions, alterations, renovations to front building facades, and modifications affecting the commercial floor area which would require site plan or variance approval.
1.
Minimum interior floor-to-ceiling height in the ground-level commercial unit shall be ten feet (10').
2.
Minimum commercial floor area shall be twenty-five percent (25%) of the gross floor area.
3.
Transparent windows equal in area to not less than forty-five (45%) percent of the first-floor commercial unit’s front facade are required subject to the following:
[Amended 2-23-2023 by Ord. No. 23-02]
(a)
Buildings located on corner lots shall meet this requirement for both street-facing facades.
(b)
Windows shall use clear or lightly tinted glass, except for decorative or architectural accents, typical of commercial storefronts and not of the type utilized on residential dwellings. Reflective glass is not an acceptable window material.
(c)
Windows shall allow pedestrians unobstructed views into the building or into display windows from the outside extending at least ten feet (10') into the interior. Closely-gridded residential style windows are not permitted.
(d)
The percentage of glass shall be calculated by measuring the height (from the base of the front wall to top of first floor plate) and width of the front wall of the commercial unit, and the area of glass within the main frame(s) of the windows and doors. Frames, grids and mullions shall not be included in this calculation.
4.
Buildings located on corner lots shall treat both street frontages as front facades in terms of architecture, windows and setbacks.
5.
In order to accommodate commercial cooking appliances and other uses requiring a mechanical ventilation system, ductwork meeting the specifications in the current edition of the International Mechanical Code for commercial cooking appliances shall be installed in each commercial unit.
6.
Flat roofs are to be enclosed by a parapet to conceal rooftop mechanical equipment.
7.
Vinyl and aluminum siding on front facades is prohibited.
8.
Where the side of a building is visible from an adjoining property or the public right-of-way, the design and materials used on the front facade shall be extended to at least one-third (1/3) of the building's side facade.
9.
All new structures shall have the primary entrance oriented toward the street or public walkway, with direct, barrier-free and convenient pedestrian access.
10.
Buildings on corner lots shall have their main entrances on the primary street. This requirement does not preclude additional rear or side entrances facing parking areas.
11.
The landscaping, lighting, signage and accessory features such as street furniture and hardware, trash storage, and mechanical equipment shall be compatible with the infill design.
§ 25-205.4.7 Off-Street Parking and Loading.
[Ord. #03-22, § 1; Ord. #04-13, § 3; Ord. #07-37, § 2]
a.
Off-street parking spaces shall be provided as noted:
1.
Retail Sales — one (1) parking space for every one thousand (1,000) square feet, or fraction thereof.
2.
Personal Service Shops — as specified in Subsection 25-300.12.5 of this Ordinance.
3.
Restaurant, delicatessens, coffee shops — one (1) parking space for every one thousand (1,000) square feet, or fraction thereof, except when located on 30-foot wide lots where only one (1) parking space is required.
4.
Professional Offices — one (1) parking space for every one thousand (1,000) square feet, or fraction thereof.
b.
Off-site parking spaces may be provided through one (1) or a combination of the following options:
1.
Providing the required spaces on other properties owned in fee simple by the commercial use, located within a zone which permits the proposed use(s), either contiguous with or within five hundred feet (500') walking distance of a primary pedestrian entrance to the site being developed.
2.
Providing evidence that the required parking spaces have been leased or rented from others within five hundred feet (500') walking distance of a primary pedestrian entrance to the site being developed. In such case, the parking spaces to be leased or rented shall be properly established under the terms of this Ordinance and the minimum term of such lease or rental shall be consistent with the probable duration of the proposed occupancy but not less than twenty (20) years.
c.
Stacked Parking — Parking spaces for commercial uses may be placed in a "stacked" fashion, one behind the other, provided that each parking space is clearly designated and the business owner/operator has established a vehicle management plan.
Parking spaces for residential uses may be placed in a "stacked" fashion, one behind the other; provided that each parking space is clearly designated and assigned to the dwelling unit it is intended to serve.
d.
Parking Buffer — Except as otherwise noted off-street parking areas shall not be within four feet (4') of any structure.
e.
Mixed Uses — Parking for mixed uses shall be as specified in Subsection 25-300.12.4g of this Ordinance.
f.
Truck Berths — Truck berths shall be provided on all lots sixty feet (60') or more in width as specified in Subsection 25-300.12.41 of this Ordinance.
g.
Shared Parking. The collective provision of such space by two (2) or more uses located on adjacent properties is permitted, provided that the total amount of such space shall not be less than the total requirement for all uses if computed separately.
h.
Vehicular access to drive-thru facilities, parking areas, loading and unloading spaces shall be provided as specified in Subsection 25-300.12.6 of this Ordinance.
§ 25-205.4.8 Streetscape Standards - 34th Street Corridor.
[Ord. #07-37, § 2]
The streetscape standards contained in Subsection 25-1700.28.9 of this Ordinance shall apply to all lots adjoining 34th Street between the easterly side of Bay Avenue and extending to the westerly side of Central Avenue, and extending along all cross streets for mixed use and nonresidential lots where new development, or a change in use is proposed.
These standards shall not apply to exempt development, nor to interior alterations which do not increase the required number of off-street parking spaces and/or do not increase the total square footage of mixed use and nonresidential uses.
§ 25-205.4A (Reserved) [1]
[1]
Editor's Note: Former § 25-205.4A, Neighborhood Business-1 (NB-1) Zone, previously codified herein and containing portions of Ordinance Nos. 02-19, 02-29, 03-12, 03-22 and 04-13, was repealed in its entirety by Ordinance No. 07-37.
§ 25-205.5.1 Purpose.
[Ord. #02-19; amended 5-11-2023 by Ord. No. 23-10]
The On-Boardwalk Zone established in § 25-201.2 of this Ordinance is intended to reserve a portion of the Atlantic Ocean frontage exclusively for resort commercial and commercial recreational use adjacent to the Boardwalk from 6th Street to 14th Street.
This zone contains one of Ocean City's major resort attractions, consisting of many small specialty shops, boutiques, restaurants, amusement and entertainment facilities abutting a sunlit planked promenade with an unobstructed ocean view, which encourages leisurely sitting, strolling, jogging and bicycling for pleasure, recreation and health.
§ 25-205.5.2 Permitted Uses.
[Ord. #02-19]
One (1) or more of the following uses shall be permitted on any lot in the ON-BD Zone.
a.
Retail stores for the dispensing of goods and/or services directly to the public, such as:
1.
Art galleries;
2.
Bicycle rentals and sales;
3.
Hobby shops;
4.
Specialty clothing boutiques;
5.
Antique shops;
6.
Bookstores;
7.
China, glassware and metalware shops;
8.
Clothing, apparel and accessory shops;
9.
Leather goods shops;
10.
Gift, novelty and souvenir shops;
11.
Jewelry shops;
12.
Camera and photographic supply stores.
e.
On-site parking facilities.
f.
Essential services.
§ 25-205.5.3 Conditional Uses.
[Ord. #02-19; amended 5-13-2021 by Ord. No. 21-15; 6-24-2021 by Ord. No. 21-21]
a.
(Reserved)
Editor's Note: Paragraph a, Senior Citizen Housing, was eliminated 5-13-2021 by Ord. No. 21-15; 6-24-2021 by Ord. No. 21-21]
§ 25-205.5.4 Permitted Accessory Uses.
[Ord. #02-19]
a.
On-site storage of goods incidental to the daily conduct of retail business.
b.
Signs in accordance with the provisions of the Ocean City Sign Ordinance.
c.
Manufacturing incidental to the conduct of a boardwalk business in which no more than four (4) persons are employed, such as the making of baked goods, confections, sweets and other edible foods; the printing of T-shirts; and the making of leather goods and other similar tourist items.
§ 25-205.5.5 Maximum Building Height and Stories.
[Ord. #02-19; Ord. #09-28, § 9]
The maximum building height and stories shall be in accordance with the Schedule of District Regulations, except as follows:
a.
Boardwalk May Be Used for Height Measurements. For the purpose of this section the elevated boardwalk may be used as the base from which to measure the building height, however, the building height requirements of the Schedule of District Regulations, shall not be used and the maximum building height shall be no greater than one and one-half (1 1/2) stories or thirteen feet (13') measured from the average boardwalk elevation to the top of the structure.
The building height may be increased by an additional story not to exceed twelve feet (12') in height inclusive of the height required for the roof, provided that said story be set back from the front yard setback line a minimum of ten feet (10') and provided further that any roof line facing the front yard shall not penetrate an imaginary line by an angle of forty-one degrees (41°) from the horizontal in a due east or due west direction.
b.
No Height Limitations for Amusement Rides and Uses. No height limitations shall apply to amusement rides and uses, such as but not limited to ferris wheels, carousels, water and other types of slides; and other similar open air amusements which are regulated by the State of New Jersey.
§ 25-205.5.6 Bulk Requirements.
Lot area, lot width, front yard, side yards, maximum lot coverage, maximum impervious surface coverage shall be in accordance with Schedules B, C.
See the attachment for the On-Boardwalk Zone - Schedule of District Regulations.
Schedules B and C, referred to in the bulk requirements attachment, may be found in § 25-209.
a.
Floor Area. No structure fronting on the Boardwalk shall be created or remodeled so as to create a store with a width measured from the inside of each interior wall of less than fifteen feet (15') or a depth of less than fifty feet (50').
[Ord. #94-16, Appx. A; Ord. #02-19; Ord. #09-28, § 1]
§ 25-205.5.7 Rear Yard.
[Ord. #02-19]
A rear yard shall be required on every lot. The minimum rear yard shall be twenty-five feet (25').
Decks constructed at the elevation of the Boardwalk and extended from the Boardwalk, may encroach into the rear yard area up to four feet (4') from the rear property line.
§ 25-205.5.8 Off-Street Parking.
[Ord. #96-20, § 2; Ord. #96-32, § 2; Ord. #02-19; amended 5-11-2023 by Ord. No. 23-10]
a.
Off-street residential parking shall be in accord with Section 25-300.12 of this Ordinance.
1.
In the event an existing residential dwelling unit is rehabilitated or renovated, there shall be no requirement for parking for said unit if the first floor of the structure in which the unit is located is used for commercial purposes. If the first floor is not used for commercial purposes, two (2) parking spaces shall be required for each existing residential dwelling unit which is rehabilitated or renovated.
b.
The provisions of § 25-300.12.4b shall not apply to this zone.
c.
The provisions of § 25-300.12.5 shall not apply to this zone.
§ 25-205.5.9 Signs.
[Ord. #02-19]
In accordance with § 25-1700.29, Signs, of this Ordinance.
§ 25-205.5.10 Structures Below Boardwalk Grade Prohibited.
[Ord. #02-19]
No structure in the ON-BD Zone situated below the established bulkhead grade shall be used to conduct a business of any nature.
§ 25-205.5.11 Outdoor Display of Goods. [1]
[Ord. #08-08, § 2; Ord. #09-11, § 1]
Unless specifically permitted by this Ordinance, use of the public right-of-way for business purposes including storing, displaying or placing of goods, wares and merchandise, or the like, for any purpose is prohibited.
[1]
Editor's Note: This section shall be automatically repealed if not readopted on or before May 31, 2010.
§ 25-205.6 (Reserved)
Former § 25-205.6, OFF-BD, Off-Boardwalk Zone, previously codified herein and containing portions of Ordinance Nos. 89-22, 96-20, 02-19 and 09-28 was deleted in its entirety by Ordinance No. 13-36.
§ 25-205.7 Hospitality Zone.
Former § 25-205.7, HM and HM-1 Zones, previously codified herein and containing portions of Ordinance Nos. 02-19, 08-05, 08-12 and 09-28 was deleted in its entirety by Ordinance No. 13-36.
§ 25-205.7.1 Purpose.
[Ord. #13-36, § 5]
The Hospitality Zone established in § 25-201.2 of this Ordinance is intended to provide for a variety of uses primarily serving tourists and visitors, supportive of the Boardwalk and Central Business District in a manner compatible with the character of the community.
§ 25-205.7.2 Principal Uses.
[Ord. #13-36 § 5; Ord. No. 15-01 amended Subsection 25-205.7.2 in entirety; Ord. #2016-24 § 2]
Each lot in the Hospitality Zone shall contain only one (1) of the following principal uses.
a.
Motel.
b.
Hotel.
c.
Rooming house, guest house.
d.
Bed-and-breakfast.
e.
Restaurant.
f.
Retail sales.
g.
Retail service.
h.
Commercial parking lot.
i.
Satellite hotel
j.
Triplex, on lots existing prior to the effective date of this Ordinance (2-26-2015).
[Amended 12-12-2019 by Ord. No. 19-15]
k.
Quadruplex, on lots existing prior to the effective date of this Ordinance (2-26-2015).
[Amended 12-12-2019 by Ord. No. 19-15]
l.
Multifamily (five or more dwelling units) building, on lots existing prior to the effective date of this Ordinance (2-26-2015).
[Amended 12-12-2019 by Ord. No. 19-15]
m.
One-family dwelling or two-family dwelling on lots existing prior to the effective date of this Ordinance (adopted 2-26-15 by Ord. No. 15-01), subject to the bulk requirements contained in the Schedule of District Regulations (§ 25-205.7.5). The existing area of subject lot dictates the bulk requirements to be applied. For example, a one-family dwelling or a two-family dwelling on an interior 2,400 SF lot would be subject to the HZ-2400 requirements.
n.
Development of one-family and two-family dwellings on lots created subsequent to the effective date of this Ordinance (adopted 2-26-15 by Ord. No. 15-01) require use variance approval from the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70(d)(1).
o.
Mixed-use (a building containing non-residential use on the lowest floor and residential use above).
p.
Essential services.
q.
Rental management service.
§ 25-205.7.3 Accessory Uses and Structures.
[Ord. #13-36, § 5]
Uses and structures customarily subordinate and incidental to the principal use of the land, building or structure and located on the same lot as the principal use or principal structure, such as:
a.
Swimming pools and other recreational facilities
b.
Bicycle rentals
c.
Business centers
d.
Meeting and conference facilities
e.
On-site storage of goods incidental to the daily conduct of the principal on-site use in accordance with § 25-1700.7 of the City Code
f.
Storage of solid waste and recyclable materials in accordance with § 25-1700.31 of the City Code
g.
Fences and walls
h.
HVAC equipment
i.
Signs
j.
Off-street parking and loading facilities
k.
Landscaping, lighting, buffers, and screening elements
l.
Manufacturing clearly incidental to the conduct of a retail business in which no more than four (4) persons are employed and subject to compliance with § 25-1400.3 of this Ordinance
m.
Rental management service
§ 25-205.7.4 Conditional Uses.
[Ord. #13-36, § 5]
a.
Places of Worship subject to § 25-208.2.2
§ 25-205.7.5 Bulk Requirements.
[Ord. #13-36 § 5; Ord. #14-04 § 6; Ord. #15-01 § 2; Ord. #2016-09 § 1; Ord. #2016-24 § 3]
Lot area, lot width, lot frontage, front, side and rear yards, lot depth, building height, building coverage, and impervious surface coverage shall be in accordance with the following schedule.
See the attachment for the Hospitality Zone - Schedule of District Regulations.
§ 25-205.7.6 Off-Street Parking and Loading.
[Ord. #13-36, § 5; Ord. #2016-09]
a.
Off-street parking spaces shall be provided as noted. For all other uses, refer to § 25-300.12.5 of this Ordinance.
1.
Hotel and motel units up to seven hundred (700) square feet in gross floor area shall provide one (1) off-street parking space per unit.
2.
Hotel and motel units with a gross floor area exceeding seven hundred (700) square feet shall provide two (2) off-street parking spaces per unit.
3.
Retail sales and retail services — no parking required.
4.
Restaurants — no parking required.
5.
Professional offices — one (1) parking space for every one thousand (1,000) square feet, or fraction thereof.
6.
Residential dwelling units — two (2) parking spaces per dwelling unit.
b.
Off-site parking spaces may be provided through one (1) or a combination of the following options:
1.
Providing the required spaces on other properties owned in fee simple by the commercial use, located within a zone which permits the proposed use(s), either contiguous with or within five hundred feet (500') walking distance of a primary pedestrian entrance to the site being developed.
2.
Providing evidence that the required parking spaces have been leased or rented from others within five hundred feet (500') walking distance of a primary pedestrian entrance to the site being developed. In such case, the parking spaces to be leased or rented shall be properly established under the terms of this Ordinance and the minimum term of such lease or rental shall be consistent with the probable duration of the proposed occupancy.
c.
Stacked Parking.
1.
Parking spaces for commercial uses may be placed in a "stacked" fashion, one behind the other, provided that each parking space is clearly designated and the business owner/operator has established a vehicle management plan.
2.
Parking spaces for residential uses may be placed in a "stacked" fashion, one behind the other, provided that each parking space is clearly designated and assigned to the dwelling unit it is intended to serve.
d.
Designation of Parking Spaces. Parking spaces designated for the commercial and/or residential use shall be clearly indicated on all site plans and zoning permits. Details of such designation, whether in the form of signage or pavement marking, shall also be provided. Verification of such parking space designation shall be required prior to the issuance of the certificate of occupancy.
e.
Parking Buffer. Except as otherwise noted off-street parking areas shall not be within four feet (4') of any structure.
f.
Mixed Uses. Parking for mixed uses shall be the sum of the requirements for the individual uses, computed separately in accord with this Ordinance.
g.
Shared Parking. The collective provision of such space by two (2) or more uses located on adjacent properties is permitted, provided that the total amount of such space shall not be less than the total requirement for all uses if computed separately.
h.
Vehicular access to drive-thru facilities, parking areas, loading and unloading spaces shall be provided as specified in § 25-300.12.6 of this Ordinance.
§ 25-205.7.7 Hotel and Motel Operational Standards.
[Ord. #13-36, § 5]
Hotels and motels shall be subject to the following:
a.
Hotels, motels and satellite hotels shall contain at least ten (10) units. Access to each unit shall be controlled by hotel/motel management.
b.
Hotels and motels shall be used for limited tenure lodging, except that a maximum of fifteen percent (15%) of the units may be used as extended stay lodging.
c.
Hotels and motels shall have a 24-hour front desk or access to a manager to serve guests.
d.
Hotels and motels shall provide daily housekeeping, maid service, linen service and other room amenities.
e.
Hotels and motels shall provide telephone service to each hotel and motel unit.
f.
Hotel and motel units shall be a maximum of fifteen hundred (1,500) square feet of gross floor area and three (3) bedrooms.
g.
Kitchen facilities shall be permitted in all hotel, motel and satellite hotel units.
§ 25-205.7.8 Building Design.
[Ord. #13-36, § 5]
a.
General Guidelines.
1.
Infill building design should be consistent with the design of significant buildings that already exist in the immediate vicinity.
2.
The scale of new infill buildings should be sensitive to pedestrians. Large buildings should contain design elements for entranceways, plazas, facades, and general street level design that creates a street frontage that is attractive and pleasant for pedestrians.
3.
The incorporation of desirable design features in the surrounding area, for example, continuing a particular design feature or statement, is encouraged.
4.
When the development consists of or includes a building addition, the addition should be designed to reflect the existing building in terms of scale, fenestration and color. A change in scale, for example, may require a transitional design element between the addition and the existing building.
b.
Design Standards. The following standards shall apply to retail sales, retail services, and mixed-use development containing retail sales and retail services, which require site plan or variance approval.
1.
Minimum interior floor-to-ceiling height in the ground-level commercial unit shall be twelve feet (12').
2.
Minimum commercial floor area shall be twenty-five percent (25%) of the gross floor area, or twelve hundred (1,200) square feet, whichever is greater.
3.
Minimum interior width for first floor commercial space shall be twenty-four feet (24').
4.
Transparent windows equal in area to not less than forty-five percent (45%) of the first floor commercial unit's front facade are required subject to the following:
(a)
Buildings located on corner lots shall meet this requirement for both street-facing facades.
(b)
Windows shall use clear or lightly tinted glass, except for decorative or architectural accents, typical of commercial storefronts and not of the type utilized on residential dwellings. Reflective glass is not an acceptable window material.
(c)
Windows shall allow pedestrians unobstructed views into the building or into display windows from the outside extending at least ten feet (10') into the interior. Closely-gridded residential style windows are not permitted; plate glass is preferred.
(d)
The percentage of glass shall be calculated by measuring the height (from the base of the front wall to top of first floor plate) and width of the front wall of the commercial unit, and the area of glass within the main frame(s) of the windows and doors. Frames, grids and mullions shall not be included in this calculation.
5.
Buildings located on corner lots shall treat both street frontages as front facades in terms of architecture, windows and entry.
6.
In order to accommodate commercial cooking appliances and other uses requiring a mechanical ventilation system, ductwork meeting the specifications in the current edition of the International Mechanical Code for commercial cooking appliances shall be installed in each commercial unit.
7.
Flat roofs are to be enclosed by a parapet to conceal rooftop mechanical equipment.
8.
Vinyl and aluminum siding on front (street-facing) facades is prohibited.
9.
Where the side of a building is visible from an adjoining property or the public right-of-way, the design and materials used on the front facade shall be extended to at least one-third (1/3) of the building's side facade.
10.
The landscaping, lighting, signage and accessory features such as street furniture and hardware, trash storage, and mechanical equipment shall be compatible with the infill design.
§ 25-205.7.8.1 Floating Building Envelope.
[Ord. #14-36 § 3, 4]
The habitable building area envelope for all floors may be shifted a maximum of eight (8) feet towards the rear lot line to accommodate a front porch per Subsection a below of this Ordinance, provided that any decrease in rear yard depth is matched by an equal increase in the depth of the front yard. In no case shall the rear yard setback to non-habitable building area such as porches, decks and landings be less than 7.5 feet. The floating envelope may not be employed to extend the building or porch into the required front yard.
a.
Front Porch.
Buildings utilizing the provisions contained in § 25-205.7.8.1 shall have a front porch at the elevation of the first habitable floor. Designs with one (1) porch above the other, and designs with a deck over a deck where the upper deck is integrated into the building with a pent roof instead of railing, satisfy this requirement. The width of the front porch shall be equal to the building width. The porch shall have a minimum depth of eight feet (8') and be designed to comply with § 25-300.16.1.d of this Ordinance.
§ 25-205.7.9 Review Clause.
[Ord. #13-36, § 5]
A report summarizing the development and redevelopment that occurs pursuant to this Ordinance shall be made by the Planning Board and submitted to City Council every six (6) months from the date of ordinance adoption for a minimum of three (3) years. Thereafter, such review and report shall be continued as deemed necessary and appropriate by the Planning Board.
NOTE: Ordinance No. 13-36, codified herein, was adopted November 21, 2013.
§ 25-205.8 MVH, Marine Village Harbor Zone. [1]
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 02-19, 03-22, 04-13 and 06-33.
§ 25-205.8.1 Purpose.
[Ord. #08-04, § 2]
The Marine Village Harbor Zone established in § 25-201.2 of this Ordinance recognizes the very limited amount of land available in Ocean City lying along the navigable Intracoastal Waterway to carry out marine activities. The MVH Zone is intended to protect and enhance the use of a unique and scarce land resource in Ocean City for the purpose of conducting marine commercial activities along the bayfront in accordance with the provisions of N.J.S.A. 40:55D-2(g).
§ 25-205.8.2 Permitted Principal Uses.
[Ord. #08-04, § 2]
One (1) or more of the following principal uses shall be required on the first floor of all principal structures on any lot in the MVH Zone:
a.
Marine commercial uses, such as:
1.
Marine support facilities, i.e., docks, maintenance yards, boat storage, offices and marine fuel pumps on docks or bulkheads;
2.
Marine craft and accessory sales, services and repairs;
3.
Marine specialty shops;
4.
Fish and tackle shops;
5.
Marine technical and sailing schools;
6.
Boat sales and boat rentals;
b.
Ship chandlers;
c.
Marine civic, social and fraternal association meeting places;
d.
Art galleries and museums;
e.
Restaurants;
f.
Retail sales;
g.
Essential services.
§ 25-205.8.3 Conditional Uses.
[Ord. #08-04, § 2]
a.
None.
§ 25-205.8.4 Permitted Accessory Uses.
[Ord. #08-04, § 2]
a.
On-site storage of goods incidental to the daily conduct of the on-site retail business.
b.
Signs in accordance with § 25-1700.29 of this Ordinance.
c.
On-site parking facilities for the uses contained in the building provided said parking facilities do not occupy the first floor area of the building.
d.
Solid waste/recyclable material storage in accordance with § 25-1700.31 of this Ordinance.
e.
One (1) attached single-family dwelling unit as an accessory use to a marine commercial use as listed in Subsection 25-205.8.2a.1-6, subject to the following:
1.
Lot area shall be a minimum of five thousand (5,000) square feet, lot width shall be a minimum of fifty feet (50').
2.
The attached single-family dwelling unit shall be located on the second and/or third floor of a mixed-use building where a marine commercial use occupies the first floor. Residential use on the first floor (ground-level) unit is prohibited.
3.
The attached single-family dwelling unit shall not exceed a gross floor area of two thousand four hundred (2,400) square feet and three (3) bedrooms.
4.
Two (2) off-street parking spaces are required for the attached single-family dwelling unit.
f.
Fences and walls in accordance with § 25-1700-14 of this Ordinance.
g.
Other customary accessory uses, buildings and structures, which are clearly incidental to the principal use(s) and building(s).
§ 25-205.8.5 Bulk Requirements.
[Ord. #08-04, § 2]
The following schedule applies to the Marine Village Harbor Zone and provides requirements for lot area, lot width, lot frontage, lot depth, front, side and rear yards, building height, number of stories, building coverage and impervious surface coverage.
See the attachment for the Marine Village Harbor Zone MVH - Schedule of District Regulations.
§ 25-205.8.8 Rear Yard.
[Ord. #08-04, § 2]
A rear yard shall be required on every lot in the MVH Zone. Said rear yard shall face the Intracoastal Waterway.
a.
The building setback for the first floor shall be twenty feet (20') measured from the bay bulkhead line. The first ten feet (10') from the bulkhead shall be a planked public sidewalk or boardwalk; and the remaining ten feet (10') measured from the edge of the planked public sidewalk to the building line shall be covered by vegetation, concrete or planked decking.
b.
An open patio shall be permitted in the rear yard. The patio may be constructed to the same elevation as the top of the bulkhead not to exceed three feet (3') above grade and extend from the building to the edge of the walkway required above. There shall be no other encroachments of any kind, including but not limited to enclosed porches, raised or second floor decks or steps leading to the upper floors or any other structures in the rear yard areas.
§ 25-205.8.9 Front Yard.
[Ord. #08-04, § 2]
A front yard shall be required on every lot. Said front yard shall abut the adjoining public street and shall be a minimum of twenty-five feet (25') deep.
§ 25-205.8.10 Side Yards.
§ 25-205.8.11 Building Design Requirements.
[Ord. #08-04, § 2]
The following requirements shall apply to all new development, and to additions. Alterations, renovations or modifications when site plan or variance approval is required.
a.
The entire first floor of any building shall be used only for those uses identified in Subsection 25-205.8.2a.1—6 of this Ordinance. Vehicular parking spaces are specifically prohibited on or within the first floor of any building.
b.
The minimum interior floor-to-ceiling height for all first floor commercial units shall be ten feet (10').
c.
Minimum Interior Store Width for all first floor commercial units shall be twenty-four feet (24').
d.
In order to accommodate commercial cooking appliances and other uses requiring a mechanical ventilation system, ductwork meeting the specifications in the current edition of the International Mechanical Code for commercial cooking appliances shall be installed in each commercial unit.
e.
Firs roofs are to be enclosed by a parapet to conceal rooftop mechanical equipment.
f.
All landscaping, lighting, signage and accessory features such as street furniture and hardware, trash storage, and mechanical equipment shall be consistent with established norms and compatible with the infill design.
§ 25-205.8.13 Off-Street Parking, Loading, Unloading and Access.
[Ord. #08-04, § 2]
a.
Off-street parking and loading facilities shall be provided as required by Subsection 25-300.12-12.5 and Subsection 25-300.12-12.6, of this Ordinance respectively, except as noted below:
1.
Retail sales (including marine commercial uses)—One parking space for every one thousand (1,000) square feet, or fraction thereof.
2.
Restaurants. One (1) parking space for every one thousand (1,000) square feet (or fraction thereof) of gross floor area, except when located on 30-foot wide lots where only one (1) parking space is required. No parking shall be required for sidewalk cafes.
3.
Boat Slips—0.6 parking spaces per slip.
b.
Off-site parking spaces may be provided through one (1) or a combination of the following:
1.
Providing the required spaces on other properties owned in fee simple by the commercial use, located within a zone which permits the proposed use(s), either contiguous with or within five hundred feet (500') walking distance of a primary pedestrian entrance to the site being developed.
2.
Providing evidence that the required parking spaces have been leased or rented from others within five hundred feet (500') walking distance of a primary pedestrian entrance to the site being developed. In such case, the parking spaces to be leased or rented shall be properly established under the terms of this Ordinance and the minimum term of such lease or rental shall be consistent with the probable duration of the proposed occupancy but not less than twenty (20) years.
c.
Stacked Parking. Parking spaces for commercial uses may be placed in a "stacked" fashion, one behind the other, provided that each parking space is clearly designated and the business owner/operator has established a vehicle management plan.
Parking spaces for residential uses may be placed in a "stacked" fashion, one behind the other no more than two (2) spaces deep, provided that each two (2) stacked parking spaces shall be assigned only to a single dwelling unit.
d.
Parking Buffer. Off-street parking spaces shall not be within four feet (4') of any structure.
e.
Mixed Uses. Parking for mixed-use structures shall be provided as specified in Subsection 25-300.12.4.g of this Ordinance. The total required parking spaces shall be the sum of the residentially and commercially required parking spaces. Parking requirements for one (1) use shall not be considered to provide required parking spaces for any other use.
f.
Truck Berths. Truck berths shall be provided for all lots sixty feet (60') or more in width, as specified in Subsection 25-300.12.4.1 of this Ordinance.
g.
Shared Parking. The collective provision of such parking spaces by two (2) or more uses located on adjacent properties is permitted, provided that the total amount of such parking spaces shall not be less than the total requirement for all uses if computed separately.
h.
Vehicular access to parking areas, loading and unloading spaces shall be provided as required by Subsection 25-300.12.6 of this Ordinance.
§ 25-205.8.14 Signs.
[Ord. #08-04, § 2]
In accordance with § 25-1700.29, Signs, of this Ordinance.
§ 25-205.8.15 Special Condominium Provision.
[Ord. #08-04, § 2]
None of the principal uses permitted by Subsection 25-205.8.2 of this Ordinance shall be prohibited or limited at any time or by any means including, but not limited to conditions contained within a master deed, deed restriction, certificate of occupancy, mercantile license, certificate of zoning compliance or other instrument. This requirement shall be memorialized in the decision and resolution approving the site plan and shall be promptly recorded thereafter.
§ 25-205.8.16 Boat Docks and Slips.
[Ord. #08-04, § 2]
a.
In order to protect the integrity of the Marine Village Harbor Zone, all boat docks and slips existent at the time that this Ordinance takes effect shall be maintained by the owner(s) of record.
b.
No boat slips shall be sold unless said slips are part of a condominium master deed held in common with the residential and commercial uses in the development.
§ 25-205.9.1 Purpose.
[Ord. #02-36, § 7]
The Marine Place Neighborhood Business-1 Zone established in § 25-201.2 of this Ordinance is intended to permit residential use independent of commercial use, and provide for more diversity of permitted uses. Traditional neighborhood uses, and mixed commercial/residential use is also permitted. Off-street parking is required only for residential uses.
§ 25-205.9.2 Permitted Uses.
§ 25-205.9.3 Conditional Uses.
[Ord. #02-36, § 7]
a.
Private and quasi-public recreational, philanthropic and eleemosynary use.
§ 25-205.9.4 Permitted Accessory Uses.
§ 25-205.9.5 Bulk Requirements.
The following schedule applies to the Marine Place Neighborhood Business-1 Zone and provides requirements for lot area, lot width, lot frontage, lot depth, front, side and rear yards, building height, building coverage and impervious surface coverage.
See the attachment for the Marine Place Neighborhood Business-1 Zone MPNB-1 - Schedule of District Regulations.
§ 25-205.9.6 Off-Street Parking.
[Ord. #02-36, § 7; amended 5-11-2023 by Ord. No. 23-10]
b.
In the event an existing residential dwelling unit is rehabilitated or renovated, there shall be no requirement for parking for said unit if the first floor of the structure in which the unit is located is used for commercial purposes. If the first floor is not used for commercial purposes, two (2) parking spaces shall be required for each existing residential dwelling unit which is rehabilitated or renovated.
§ 25-205.9.7 Signs.
[Ord. #02-36, § 7]
In accordance with § 25-1700.29, Signs, of this Ordinance.
§ 25-205.9.8 Maximum Dwelling Unit Density.
[Ord. #02-36, § 7]
Thirty-two (32) dwelling units per acre.
§ 25-205.10.1 Purpose.
[Ord. #10-09, § 5]
The 34th Street Gateway Zone established in § 25-201.2 of this Ordinance is intended to accentuate this entry into the City by encouraging development that is compatible in terms of use, scale and appearance for this location. Roosevelt Boulevard and 34th Street experience the second highest traffic volumes in the City, second only to Route 52/9th Street. This zone will: promote and reinforce a positive business climate; enhance and strengthen the aesthetic appearance, character, vitality and overall identity of the business corridor; limit more intense uses to properties fronting 34th Street, creating a buffer to the surrounding residential zones; encourage indoor recreational uses to serve as a year round attraction to the zone; and improve the physical function and operational efficiency of the corridor, including traffic calming.
§ 25-205.10.2 Permitted Uses.
[Ord. #10-09, § 5]
One (1) or more of the following uses shall be permitted on any lot in the Gateway Zone.
a.
Retail sales;
b.
Retail services:
c.
Professional offices;
d.
Restaurants, excluding drive-through; sidewalk cafes;
e.
Bicycle rentals;
f.
Recreation, passive;
g.
Medical complexes, health-care centers and related facilities;
h.
Shopping centers (only permitted on properties fronting 34th Street)
i.
Recreation, active (only permitted on properties fronting 34th Street) including indoor water park, open air miniature golf course, sports center, and health and exercise facilities (Indoor miniature golf courses and outdoor water parks are prohibited.);
j.
Entertainment facilities (only permitted on properties fronting 34th Street) such as theater, museum or auditorium.
k.
Banks, savings and loan associations and other fiduciary institutions (only permitted on properties fronting 34th Street) ;
l.
Municipal facilities deemed necessary and appropriate by the Governing Body of the City of Ocean City;
m.
Essential services (uses for the public health, safety or general welfare provided by governmental agencies or utility companies, generally overhead and underground transmission and distributions systems).
§ 25-205.10.3 Conditional Uses.
[Ord. #10-09, § 5]
a.
Filling stations (limited to properties fronting 34th Street) subject to Subsection 25-208.2.7 of this Ordinance.
b.
Residential dwelling units per Subsection 25-208.2.5 of this Ordinance.
[Amended 2-23-2023 by Ord. No. 23-02]
c.
Drive-through pharmacy (limited to properties fronting 34th Street) associated with a retail establishment.
§ 25-205.10.4 Accessory Uses and Structures.
[Ord. #10-09, § 5]
The following accessory uses and accessory structures shall be permitted, except as noted below.
a.
Manufacturing clearly incidental to the conduct of a retail business in which no more than four (4) persons are employed, provided that said manufacturing use shall not produce beyond its property boundaries any excessive noise, fumes, noxious odors or other nuisances as regulated by § 25-1400.3 of this Ordinance;
b.
Fences subject to § 25-1700.14 of this Ordinance;
c.
Signs subject to § 25-1700.29 of this Ordinance;
d.
Solid waste and recyclable materials storage subject to § 25-1700.31 of this Ordinance;
f.
Screening of equipment and machinery subject to § 25-1700.26 of this Ordinance.
g.
Other customary accessory uses, buildings and structures, which are clearly incidental to the principal use(s) and building(s).
h.
Decks above the elevation of the uppermost habitable floor are prohibited.
i.
Balconies as specified in Subsection 25-205.1.6. Central Business Building Design Guidelines.
§ 25-205.10.5 Bulk Requirements.
Lot area, lot width, lot frontage, front yard, side yard, rear yard, building height, total stories, building coverage, impervious surface coverage shall be in accordance with the following schedule:
See the attachment for the 34th Street Gateway Zone - Schedule of District Regulations.
§ 25-205.10.6 Front Yards.
[Ord. #10-09, § 5]
a.
Minimum required front yard setbacks shall be as follows: Corner lots shall have two (2) front yards, one (1) side yard and one (1) rear yard.
§ 25-205.10.7 Architectural Guidelines and Standards.
[Ord. #10-09, § 5; amended 1-25-2024 by Ord. No. 23-27]
Since the architectural design, scale and mass of the buildings and other structures, including among other elements the exterior building materials, roof lines and building elevations, are important in determining the visual character of an area, the guidelines listed below are recommended so as to harmonize and be compatible with the neighborhood, to protect property values and to preserve and improve the appearance and the beauty of the community. Among the architectural elements that are sought are:
a.
General Guidelines.
1.
Infill building design should be consistent with the design of significant buildings that already exist in the adjacent vicinity.
2.
The scale of new infill buildings should be sensitive to pedestrians. Large buildings should contain design elements for entrance ways, plazas, facades, and general street level design that creates a street frontage that is attractive and pleasant for pedestrians.
3.
The incorporation of desirable design features in the surrounding area, for example, continuing a particular design feature or statement, is encouraged.
4.
When the development consists of or includes a building addition, the addition should be designed to reflect the existing building in terms of scale, fenestration and color
A change in scale, for example, may require a transitional design element between the addition and the existing building.
5.
Pitched roof buildings are encouraged.
6.
Residential development shall follow subsection 25-205.1.6 Central Business Building Design Guidelines.
b.
Design Standards. The following requirements shall apply to all new development, additions or alterations, renovations to front building facades, and modifications affecting the commercial floor area which require site plan or variance approval.
1.
Minimum interior floor-to-ceiling height in the ground-level commercial unit shall be ten feet (10').
2.
Transparent windows not less than forty-five percent (45%) of the first floor commercial unit's front façade are required subject to the following:
(a)
Buildings located on corner lots shall meet this requirement for both street-facing facades.
(b)
Windows shall use clear or lightly tinted glass, except for decorative or architectural accents, typical of commercial storefronts and not of the type utilized on residential dwellings. Reflective glass is not an acceptable window material.
(c)
Windows shall allow pedestrians unobstructed views into the building or into display windows from the outside extending at least ten feet (10') into the interior. Closely-gridded residential style windows are not permitted.
(d)
The percentage of glass shall be calculated by measuring the height (from the base of the front wall to top of first floor plate) and width of the front wall of the commercial unit, and the area of glass within the main frame(s) of the windows and doors. Frames, grids and mullions shall not be included in this calculation.
3.
Buildings on corner lots shall treat both street frontages as front facades in terms of architecture, windows and setbacks.
4.
Buildings on corner lots shall have their main entrance on the primary street. This requirement does not preclude additional rear or side entrances facing parking areas.
5.
All new structures shall have the main entrance oriented toward the street or public walkway, with direct, barrier-free and convenient pedestrian access.
6.
In order to accommodate commercial cooking appliances and other uses requiring a mechanical ventilation system, ductwork meeting the specifications in the current edition of the International Mechanical Code for commercial cooking appliances shall be installed in each commercial unit.
7.
Flat roofs are to be enclosed by a parapet to conceal rooftop mechanical equipment.
8.
Horizontal clapboard vinyl and aluminum siding on front facades are prohibited.
9.
Where the side of a building is visible from an adjoining property or the public right-of-way, the design and materials used on the front facade shall be extended to at least one-third (1/3) of the building's side facade.
§ 25-205.10.8 Landscape Standards.
[Ord. #10-09, § 5; amended 1-25-2024 by Ord. No. 23-27]
a.
The following standards shall apply to all lots adjoining 34th Street between the easterly side of Bay Avenue and extending to the westerly side of Central Avenue, and extending along all cross streets for mixed use and nonresidential lots where new development or a change in use is proposed:
1.
Landscaping Adjacent to Public Rights-of-Way. On the site of a building or structure or open lot having a vehicular use area, where such area will not be entirely screened visually by an intervening building or structure from any abutting right-of-way, excluding dedicated alleys, there shall be provided landscaping between such vehicular use area and such right-of-way as follows:
(a)
Landscaped buffer.
(1)
A strip of land averaging at least five feet (5') in depth with a three-foot minimum depth at any point, located between the abutting right-of-way and the vehicular use area, which is exposed to an abutting right-of-way shall be landscaped, such landscaping to include one (1) tree for every thirty-five linear feet (35') or fraction thereof, spaced not less than thirty feet (30') nor more than forty feet (40') apart. Such trees shall be located between the abutting right-of-way and vehicular use area and shall be planted in a planting area of at least twenty-five (25) square feet with a minimum dimension of at least five feet (5').
(2)
In addition, a hedge, wall or other durable landscape barrier, maintained at least two feet in height, shall be placed along the entire length of this linear frontage. If such durable barrier is of nonliving material, for every ten feet (10') thereof, one shrub or vine shall be planted abutting such barrier, unless they are of sufficient height at the time of planting to be readily visible over the top of such barrier.
(3)
The remainder of the required landscaped areas shall be landscaped with grass, vegetative ground cover or other landscape treatment.
(b)
Other property. All property, other than the required landscaped buffer between the street and vehicular use area, shall be landscaped with grass or other vegetative ground cover.
(c)
Necessary accessways. Necessary accessways from the public rights-of-way through all such landscaping shall be permitted to service the vehicular use area, and such accessways may be subtracted from the linear dimension used to determine the number of trees required.
b.
Ground Covers.
1.
Ground covers in the interest of water conservation are encouraged to be used in lieu of grass, in whole or in part. They shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within eighteen (18) months after planting.
2.
Fifty percent (50%) of the groundcovers planted shall be of a drought-tolerant variety.
c.
Lawn Grass. Grass areas shall be planted and grown as permanent lawns using varieties that are suitable for Ocean City. Grass may be sodded, plugged, sprigged or seeded, except that solid sod shall be used in swales or other areas subject to erosion, and provided that in areas where other than solid sod or grass seed is used, nurse grass seed shall be sown for immediate effect and protection until coverage is achieved.
§ 25-205.10.9 Special Restaurant/Commercial Provision.
[Ord. #10-09, § 5; amended 1-25-2024 by Ord. No. 23-27]
The use of property for a restaurant or any other commercial use that meets the requirements of the Zoning Ordinance shall not be prohibited or limited at any time or by any means including, but not limited to conditions contained within a master deed or deed restriction. Restaurants are subject to the requirements of Certificate of Occupancy, Mercantile License, Certificate of Zoning Compliance or other instrument. The allowance for the use of property for a restaurant, as provided in this section, shall be memorialized in the decision and resolution approving the site plan and shall be promptly recorded thereafter.
§ 25-205.10.10 Signs.
[Ord. #10-09, § 5; amended 1-25-2024 by Ord. No. 23-27]
Sign types permitted in the 34th Street Gateway Zone include window, wall, awning, and monument signs. The regulations contained in § 25-1700.29.1 - § 25-1700.29.7 of this Ordinance shall apply to window, wall and awning signs. The following requirements shall apply to monument signs within the 34th Street Gateway Zone.
a.
Monument Signs. This subsection shall permit a business to apply for a permit to install a permanent monument sign upon their place of business. A monument sign may be installed by a licensed sign contractor or general contractor if the following requirements are met.
1.
If a business operates within a shopping center or office building then the monument sign shall be constructed to allow advertisement for each individual business or profession within the shopping center or office building.
2.
The following requirements supersede § 25-1700.29, Sign Regulations, and shall be satisfied prior to the installation/construction of the monument sign:
(a)
Location: A monument sign may be installed within the landscaped area and within the private property of a business or shopping center. It is preferable that the monument signs are located near the ingress/egress points of a business, office or shopping center however a monument sign may not be installed within the sight triangle of an intersection or the ingress/egress locations. A monument sign shall be approved during the site plan approval process.
(1)
A monument sign may not be installed within 30 feet of another monument sign.
(2)
A monument sign may not be placed closer to a public right-of-way, pedestrian walkway, or parking area than one-and-one-half (1.5) times the height of the sign height.
(3)
If a business or profession is located within a shopping center or office building where there is more than one operation located within that building then one (1) monument sign shall be permitted for that shopping center or office building for each frontage.
(b)
Height - The maximum height of any freestanding sign above the average grade elevation of the nearest public way or within a 20-foot radius of the sign shall not exceed the following:
(c)
The bottom edge of the sign shall not exceed four feet (4') in height from the lowest grade elevation at the base of the sign.
(e)
The maximum depth of any freestanding sign shall not exceed twenty-five percent (25%) of the width.
(f)
The area of a sign structure for any freestanding sign is limited to the same number of square feet as the sign face that it supports.
(g)
Material: A monument sign shall be constructed of natural materials (stone, brick, masonry, and architecturally suitable metals (brass, copper, treated metals). Any monument sign shall have a minimum one foot (1') of brick or rock at the base of the sign. The base must be a minimum of one inch (1") below the lowest portion of grade around the monument sign to screen all supporting structures. The base shall not be included in calculating the square footage but will be included in calculating the maximum height of the monument sign. All lettering for a monument sign shall be constructed of a metal alloy (i.e. brass, stainless steel, bronze) and single letters (may be applied onto a pan channel or similar device to mount the lettering onto the sign). Monument signs within the 34th Street Gateway Zone shall be uniform in material and shall incorporate "34th Street Gateway" as part of their design.
(h)
Lighting: A monument sign shall be externally illuminated from above or below the sign with the lighting directed downward. If the lighting is not attached to the monument sign then it shall be masked from the right-of-way by appropriate light shields and/or evergreen landscaping. A monument sign may be installed without lighting. Lighting for monument signs shall be contained within the landscaped area of the monument sign. Sign lighting shall not create light pollution beyond the sign area.
(i)
Landscaping: All monument signs shall incorporate a minimum of four (4) square feet of landscaping for every one (1) square foot of sign space on one (1) side. Landscaping must include a mixture of twenty-five percent (25%) perennial and twenty-five percent (25%) annual vegetation with the remaining fifty percent (50%) of the vegetation an evergreen type. Landscaping shall not include grass, however twenty percent (20%) of the required landscaping area may include natural non-living elements (ex: boulders, water features, etc.). The required landscape area shall incorporate mulch or river rock with a minimum of twenty-five percent (25%) of the ground level containing a live groundcover. At least fifty percent (50%) of the plant materials shall be of a drought-tolerant variety.
(j)
Maintenance: All monument signs and landscape areas associated with the monument sign shall be maintained by the property owner, business owner(s), or relevant business/building association. The permit application for the monument sign shall identify the party responsible for perpetual maintenance of the sign and landscaping.
§ 25-206.1.1 Purpose.
[Ord. #09-26, § 2]
It is the intention of the City to create a Conservation Zone to prevent and eliminate conditions which, in the event of flood and storm, threaten the public health, safety and welfare and which lead to damage to, or loss of, property; and to promote recreational opportunities and public access along the bay front of the coastal area. This zone corresponds to Chapter 20, Tidal Flood Plain, of the City of Ocean City General Code, Ordinance 1093.
The Conservation Zone includes all areas as shown on the Ocean City Zoning Map, which prior to this Ordinance, were not zoned. The Conservation Zone includes all islands in the bay as well as lands undevelopable due to environmental regulations.
§ 25-206.1.2 Permitted Uses.
[Ord. #09-26, § 2]
The following uses are permitted within the Conservation Zone, subject to applicable State and/or Federal regulation:
a.
Open space, fish and wildlife preserve, hunting, fishing, boating and marine agriculture.
b.
Necessary governmental facilities for the public health, safety and welfare.
c.
Piers, docks, facilities for the docking, anchoring, mooring, launching, storing, sale, rental and servicing of boats.
d.
Municipal structures and public uses that promote recreational opportunities and public access to the bay and wetlands areas.
e.
Dredge material containment facilities.
§ 25-206.1.3 Conditional Uses.
[Ord. #09-26, § 2]
Not applicable in this zone.
§ 25-206.1.4 Prohibited Uses.
[Ord. #09-26, § 2]
No land or building shall be used for any purpose not permitted in this section. No alterations of the natural characteristic of any lands through diking, ditching, filling or similar activities shall be permitted.
§ 25-206.1.5 Permitted Accessory Uses.
[Ord. #09-26, § 2]
Not applicable in this zone.
§ 25-206.1.6 Building Height.
[Ord. #09-26, § 2]
Not applicable in this zone.
§ 25-206.1.7 Lot Area.
[Ord. #09-26, § 2]
Not applicable in this zone.
§ 25-206.1.8 Lot Width.
[Ord. #09-26, § 2]
Not applicable in this zone.
§ 25-206.1.9 Front Yard.
[Ord. #09-26, § 2]
Not applicable in this zone.
§ 25-206.1.10 Rear Yard.
[Ord. #09-26, § 2]
Not applicable in this zone.
§ 25-206.1.11 Side Yards.
[Ord. #09-26, § 2]
Not applicable in this zone.
§ 25-206.1.12 Floor Area.
[Ord. #09-26, § 2]
Not applicable in this zone.
§ 25-206.1.13 Lot Coverage.
[Ord. #09-26, § 2]
Not applicable in this zone.
§ 25-206.1.14 Off-Street Parking.
[Ord. #09-26, § 2]
No parking shall be permitted in the Conservation Zone. All parking shall be off site.
§ 25-206.1.15 Signs.
[Ord. #09-26, § 2]
No signs shall be permitted in the Conservation Zone except for municipal direction, safety or related type signs.
§ 25-206.1.16 Dwelling Unit Density.
[Ord. #09-26, § 2]
Not applicable in this zone.
§ 25-206.2.1 Purpose.
[Ord. #02-19]
The Beach and Dune Zone established in § 25-201.3 of this Ordinance delineates areas in Ocean City where beaches and dunes have developed and are deemed to be part of those land forms which provided a natural protection from flooding. The purpose of establishing the Beach and Dune Zone is to regulate the use of this flood preventative land form in ways that will not destroy its flood preventative function, in accordance with N.J.S.A. 40:55D-2(a),(b),(g) and (j), in order to secure safety from flood and other natural disasters; to provide sufficient space for recreational uses in order to meet the needs of all New Jersey citizens; and to promote the conservation of a valuable natural resource.
§ 25-206.2.2 Permitted Uses.
[Ord. #02-19; Ord. #02-29, § 17]
Open space, beach and water recreation, protective sand dunes and related improvements including snow fencing and dune stabilization plantings, stairs and walkways for beach access and dune preservation, necessary municipal buildings and structures for public safety and convenience including first aid stations, life guard stations, comfort stations, boardwalks, pavilions, piers, and related facilities, necessary shore protection and stabilization improvements including jettys, groins, bulkheads and related structures.
a.
All structures which are deemed necessary by local, State or Federal governments to enhance the flood prevention capability of these land forms, provided that they shall not involve the construction of buildings or signs.
§ 25-206.2.3 Conditional Uses.
[Ord. #02-19]
Not applicable in this zone.
§ 25-206.2.4 Permitted Accessory Uses.
[Ord. #02-19]
Not applicable in this zone.
§ 25-206.2.5 Building Height.
[Ord. #02-19]
Not applicable in this zone.
§ 25-206.2.6 Lot Area.
[Ord. #02-19]
Not applicable in this zone.
§ 25-206.2.7 Lot Width.
[Ord. #02-19]
Not applicable in this zone.
§ 25-206.2.8 Front Yard.
[Ord. #02-19]
Not applicable in this zone.
§ 25-206.2.9 Rear Yard.
[Ord. #02-19]
Not applicable in this zone.
§ 25-206.2.10 Side Yards.
[Ord. #02-19]
Not applicable in this zone.
§ 25-206.2.11 Floor Area.
[Ord. #02-19]
Not applicable in this zone.
§ 25-206.2.12 Lot Coverage.
[Ord. #02-19]
Not applicable in this zone.
§ 25-206.2.13 Off-Street Parking.
[Ord. #02-19]
No parking shall be permitted on the beaches and dunes. All parking shall be off site.
§ 25-206.2.14 Signs.
[Ord. #02-19]
No signs shall be permitted on the beaches and dunes except for municipal direction, safety or related type signs.
§ 25-206.2.15 Dwelling Unit Density.
[Ord. #02-19]
Not applicable in this zone.
§ 25-207.2.1 Purpose.
[Ord. #02-19; Ord. #02-23, § 1]
The purpose of establishing the Public Zone in § 25-201.4 of this Ordinance is to identify and create a zone for public use, quasi-public use, and quasi-public use of a religious nature and related facilities and for public recreational lands in Ocean City and to ensure the continuance of said uses.
§ 25-207.2.2 Permitted Uses.
[Ord. #02-19; Ord. #02-23, § 1]
a.
Public schools, fire stations, sewer treatment plants, offices and other public buildings and uses.
b.
Public and quasi-public recreational lands devoted to such uses as golf, fishing, tennis, softball, baseball, swimming, volleyball, fishing piers, music piers, shuffleboard and similar active uses, as well as passive uses such as parks, including but not limited to the Ocean City War Memorial Park for all age groups.
c.
Public parking lots.
d.
Quasi-public uses of a religious nature, including the Ocean City Tabernacle, subject to the bulk requirements contained in Subsection 25-207.2.17, the parking requirements referenced in Subsection 25-207.2.14 and as required in Subsection 25-207.2.19, and the sign requirements contained in Subsection 25-207.2.18.
§ 25-207.2.3 Conditional Uses.
[Ord. #02-19; amended 4-10-2025 by Ord. No. 25-01]
Communication towers and antennas subject to § 25-208-2.6.
§ 25-207.2.4 Permitted Accessory Uses.
[Ord. #02-19]
Not applicable in this zone.
§ 25-207.2.5 Building Height.
§ 25-207.2.6 Lot Area.
[Ord. #02-19]
Not applicable in this zone.
§ 25-207.2.7 Lot Width.
[Ord. #02-19]
Not applicable in this zone.
§ 25-207.2.8 Front Yard.
[Ord. #02-19]
A front yard shall be required on every lot in this zone. The minimum setback for each lot shall be in accordance with one (1) of the following requirements:
a.
Schedule B, Schedule of Front Yard Setback Depths by Streets.
b.
For lots not fronting on the streets listed in Schedule B, the minimum front yard shall be the average setback of the alignments of all structures in the block, as determined by a survey of existing setback lines of adjacent buildings, to be supplied by the developer.
§ 25-207.2.9 Rear Yard.
[Ord. #02-19]
A rear yard shall be required on every lot and the minimum rear yard shall be forty percent (40%) of the height of the building (40% x h.).
§ 25-207.2.10 Side Yards.
[Ord. #02-19]
Side yard requirements shall be in accordance with Schedule C, Schedule of Side Yards.
Schedule C, referred to herein may be found in § 25-209.3. |
§ 25-207.2.11 Floor Area.
[Ord. #02-19]
Not applicable in this zone.
§ 25-207.2.12 Lot Coverage.
[Ord. #02-19]
Not applicable in this zone.
§ 25-207.2.13 Permitted Impervious Coverage.
[Ord. #02-19]
Not applicable in this zone.
§ 25-207.2.14 Off-Street Parking.
[Ord. #02-19]
All off-street parking requirements may be provided on-site or off-site. All off-street parking shall be designed in accordance with the standards contained in Article 300 of this Ordinance.
§ 25-207.2.15 Signs.
[Ord. #02-19]
In accordance with § 25-1700.29, Signs, of this Ordinance.
§ 25-207.2.16 Dwelling Unit Density.
[Ord. #02-19]
Not applicable in this zone.
§ 25-207.2.17 Bulk Requirements for Quasi-Public Use of a Religious Nature.
Lot area, lot width, lot frontage, front yard, rear yard, side yard, lot depth, building height, habitable stories, building coverage and impervious coverage shall be in accordance with the following schedule.
See the attachment for the Public Zone - Schedule of District Regulations For Quasi-Public Religious Uses.
§ 25-207.2.18 Signs for Quasi-Public Uses of a Religious Nature.
[Ord. #02-23, § 1]
All signs shall observe the regulations contained in § 25-1700.29 of the City Code except as noted herein.
a.
Freestanding signs shall not exceed a height of twenty-four feet (24'), or the height of the building containing the use the sign identifies, whichever is lower. Sign area shall not exceed one hundred twenty (120) square feet, or an area equal to five percent (5%) of the front wall area of the building devoted to such use, whichever is less. No part of a freestanding sign shall be located closer than four feet (4') to a property line. The base of the columns or poles supporting a freestanding sign shall be landscaped so as to minimize the visual effect and impact of said support.
b.
Ground signs shall not exceed six feet (6') in height and shall be located at least four feet (4') from all property lines. Sign area shall not exceed one hundred twenty (120) square feet, or an area equal to five percent (5%) of the front wall area of the building devoted to such use, whichever is less. The base of all ground signs shall be accented by landscaping.
c.
Wall signs shall not exceed one hundred twenty (120) square feet, or an area equal to five percent (5%) of the front wall area of the building devoted to such use, whichever is less.
d.
Where the subject parcel is located at the intersection of two (2) or more streets, or has frontage on two (2) or more streets, one (1) freestanding sign, or one (1) ground sign shall be permitted for each frontage.
e.
The subject parcel shall be permitted freestanding and/or ground signs which have a combined sign area no greater than one (1) square feet for each fifty (50) square foot of gross floor area, provided further that the combined sign area shall not exceed a total area of five hundred (500) square feet.
§ 25-207.2.19 Stacked Parking.
[Ord. 302-23, § 1]
Stacked parking shall be permitted to satisfy the on-site parking requirements of this Ordinance. Stacked parking shall only be permitted, however, if the owner/operator maintains attendants to park and remove the stacked vehicles.
§ 25-208.1 Guiding Principles and General Provisions.
[Ord. #94-16, Appx. A; Ord. #02-19]
Recognizing that certain uses, activities and structures are necessary to serve the needs and to provide for the convenience of the citizens of the City and at the same time, appreciating the fact that they or any one of them may be or may become inimical to the public health, safety and general welfare of the community if located without due consideration to existing conditions and surroundings, such uses are designated as conditional uses subject to the standards and regulations hereby established. These standards and regulations are intended to provide the Municipal Agency with a guide for reviewing applications for conditional uses as provided for by this Ordinance. As a result of the review procedure, the applicant may be required to meet additional standards and regulations. Such standards and regulations shall be provided for and maintained as a condition of the establishment and maintenance of any use to which they are a condition of approval. In acting upon an application for conditional use approval, the Municipal Agency shall be guided by the following standards and principles:
a.
The use for which an application is being made is specifically listed as a conditional use within the zone where the property is located.
b.
The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and that reasonable consideration is afforded to the following:
1.
The compatibility of the proposed use(s) and/or structure(s) within the existing neighborhood.
2.
The potential effect that the proposed use(s) and/or structure(s) will have upon property values.
3.
The adequacy of the proposed parking and traffic circulation for the use(s) and/or structure(s) and the potential for traffic congestion and/or the creation of undue traffic hazards.
4.
The need for such facility or use(s) to serve the area in which it is to be located.
5.
The adequacy of proposed drainage facilities which will serve the use(s) and/or the structure(s).
6.
The adequacy of plans for screening any adverse aspects of the use(s) and/or structure(s) from adjoining properties.
7.
The adequacy of proposed outdoor lighting.
8.
Compliance with the standards, principles and objectives of the Master Plan.
9.
Compliance with the design standards, general provisions, submission requirements and other appropriate provisions of this Ordinance.
c.
All conditional uses shall also be required to obtain site plan approval, unless otherwise specified in this Ordinance.
d.
Conditional uses shall adhere to the additional standards specified for the particular use under this section except where no additional standards are specified herein.
e.
No use specified within this section shall be considered a conditional use unless it is specifically listed as a conditional use in the zone district regulations.
§ 25-208.2.1 Educational Uses.
[Ord. #02-19]
Educational uses, including public, parochial or private elementary or secondary schools, duly licensed by the State of New Jersey, attendance at which is sufficient compliance with the compulsory education requirements of the State may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
a.
Convents, social halls and similar uses which are accessory to the educational use shall be permitted.
b.
Nursery schools with an attendance of more than twenty-five (25) children shall be considered educational uses and shall be subject to the provisions of this section.
c.
Nursery schools serving more than twenty-five (25) children shall contain a minimum lot area of ten thousand (10,000) square feet plus five thousand (5,000) square feet for each twenty-five (25) children or fraction thereof.
d.
Educational uses other than nursery schools whose maximum enrollment is three hundred (300) students or less shall have a minimum lot area of five (5) acres.
e.
Educational uses other than nursery schools whose maximum enrollment exceeds three hundred (300) students shall adhere to the following:
f.
Educational uses shall be screened from adjacent residential zones or existing residences adjacent to the site in accordance with the provisions of § 25-300.13 of this Ordinance and/or shall provide fencing along such property lines as may be deemed adequate by the Municipal Agency.
g.
Permitted Signs. One (1) freestanding sign not larger than ten (10) square feet in area and not exceeding eight feet (8') in height. In addition, facade signs occupying an area no greater than five percent (5%) of the front facade.
h.
Lot coverage shall not exceed forty percent (40%).
i.
Maximum impervious surface coverage shall not exceed seventy-five percent (75%).
§ 25-208.2.2 Places of Worship.
[Ord. #02-19]
Places of worship, may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
a.
The minimum lot area shall be twenty thousand (20,000) square feet.
b.
The minimum lot width shall be two hundred feet (200').
c.
No principal building shall be located closer than ten feet (10') to any side or rear property line.
d.
No accessory building shall be located closer than four feet (4') to any side or rear residential property line.
e.
Maximum Lot Coverage. Thirty-five percent (35%).
f.
The height of structures to be constructed may exceed the maximum height requirements of this Ordinance, provided, however, that the front, rear and side yard requirements set forth above shall be increased by two feet (2') for each foot by which the height of the structure exceeds the maximum height which would be otherwise permitted by this Ordinance, and further provided that in no case shall any proposed structure exceed fifty feet (50') in height.
§ 25-208.2.3 Private and Quasi-Public Recreation Areas.
[Ord. #02-19]
Private and quasi-public recreation areas including tennis courts, swimming pools and other such activities may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
a.
Swimming pools shall be subject to the provisions of the N.J. Uniform Construction Code.
b.
Minimum Lot Area: Twenty thousand (20,000) square feet.
c.
Maximum Lot Cover by Buildings and Structures (including swimming pools): Seventy-five percent (75%) of the lot area.
d.
Minimum Unoccupied Open Space: Twenty-five percent (25%).
e.
No building, structure, recreation area or parking area shall be located closer than ten feet (10') to a residential property line.
f.
The use shall be screened from adjacent residential zones or adjacent existing residences in accordance with the provisions of § 25-300.13 of this Ordinance and/or shall provide decorative fencing in addition to that required under the Uniform Construction Code as may be deemed adequate by the Municipal Agency.
g.
Off-street parking requirements shall be determined by the Planning Board, except that where swimming pools are provided, the off-street parking requirements shall be not less than the requirements under § 25-300.13 plus such additional parking as may be deemed necessary by the Municipal Agency.
h.
Permitted Signs: One (1) freestanding sign not exceeding twenty (20) square feet in area nor eight feet (8') in height.
§ 25-208.2.4 Public Utilities and Structures.
[Ord. #02-19]
Public utilities uses, such as water towers, pumping stations, electric substations, transmission lines, switching stations, and radio and other transmission towers which must be provided above ground, may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
a.
A statement is submitted setting forth the reasons that the proposed installation must be provided above ground in a specific location and why it is necessary and convenient for the efficiency of the public utility system or for the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.
b.
The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.
c.
Adequate and attractive fences and other safety devices will be provided.
d.
Sufficient landscaping including shrubs, trees and lawn are provided and will be periodically maintained.
e.
The public utility use and lot meet all the applicable minimum requirements of the district in which it is located, except that it need not have the minimum required lot area.
§ 25-208.2.5 Residential Dwelling Units. [1]
[Ord. #07-37, § 3; Ord. #07-31, § 3; Ord. #08-01, § 2; Ord. #10-09, § 6; Ord. #14-31; Ord. #2016-15 § 5; Ord. #18-09 § 2; Ord. #18-21; Ord. #19-11; Ord. #19-13]
Residential dwelling units may be permitted as a conditional use within those zones specified, subject to the following:
a.
Residential dwelling units shall not occupy any part of the first (grade-level) floor of any building, except where specifically permitted by this Ordinance.
b.
Eating establishments including but not limited to cafes, coffee shops, luncheonettes, pizzerias, restaurants and snack shops, candy, nut, confectionery stores, and bakeries shall not be prohibited or limited at any time or by any means including, but not limited to conditions contained within a master deed, deed restriction, Certificate of Occupancy, Mercantile License, Certificate of Zoning Compliance or other instrument. This requirement shall be memorialized in the decision and resolution approving the site plan and shall be promptly recorded thereafter.
c.
Single-family residential use in the Drive-in Business (DB) Zone. Detached single-family dwellings are a permitted conditional use in the Drive-in Business Zone provided the following requirements are met:
d.
Density. The maximum permitted base density, inclusionary density, inclusionary building height and habitable stories within the Neighborhood Business Zone and 34th Street Gateway Zone shall be as follows:
Neighborhood Business and 34th Street Gateway Zones | |||
|---|---|---|---|
Lot Area | Maximum Base Density | Maximum Inclusionary Density (Dwelling Units/Acre)[1] | Maximum Inclusionary Building Height, Habitable Stories |
Up to 3,999 SF | 1 dwelling unit | NA | NA |
4,000 SF and greater | 1 dwelling unit/each 2,000 SF of lot area | 30 | 34 ft 3 |
[1] Development utilizing the Inclusionary Density shall comply with § 25-208.2.5f. |
e.
Density in the Central Business (CB) Zone, Central Business-1 (CB-1 Zone) and Drive-in Business (DB) Zone. The maximum permitted base density, inclusionary density, inclusionary building height and habitable stories in the Central Business (CB) Zone, Central Business-1 (CB-1) Zone and Drive-in Business (DB) Zone shall be as follows:
Zone District | Maximum Base Density (Dwelling Units/Acre) | Maximum Inclusionary Density (Dwelling Units/Acre)[2] | Maximum Inclusionary Building Height, Habitable Stories |
|---|---|---|---|
Central Business (CB) | 30 | 40 | 40 ft 4 |
Central Business (CB-1) | 30 33 (West Avenue) | 40 | 40 ft 4 |
Drive-in Business (DB) | 30 | 40 | 40 ft 4 |
[2] Development utilizing the Inclusionary Density shall comply with § 25-208.2.5f. |
f.
Off-street parking spaces shall be provided as required by the Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.).
g.
Inclusionary Housing Requirements.
1.
Maximum Affordable Housing Set-aside
(a)
Sale Units - The maximum affordable housing set-aside applied to sale units is twenty (20) percent of the total number of units in the development.
(b)
Rental Units - The maximum affordable housing set-aside applied to rental units is fifteen (15) percent of the total number of units in the development.
2.
Construction of Affordable Housing Units
Developers shall construct the affordable units required by this ordinance as follows:
(a)
On the subject site;
(b)
If the calculation of the total number of affordable units required yields a fractional affordable unit(s) required, the following shall govern:
(1)
If the calculation of the total number of affordable units required yields a fraction of less than one-half then a pro-rated payment in lieu or one additional unit shall be provided, at the developer's option. If the calculation of the total number of affordable units required yields a fraction of one-half or greater, the additional unit shall be provided.
(2)
The amount of payments in lieu of constructing affordable units on site shall be based on $182,859 per unit.
(3)
Payments in lieu of constructing affordable units shall be deposited into an affordable housing trust fund pursuant to N.J.A.C. 5:97-8.4 and subject to the provisions thereof.
(4)
Payments in lieu of constructing affordable housing shall not be permitted where affordable housing is not required. Zoning that does not require an affordable housing set-aside or permit a corresponding payment in lieu may be subject to a development fee ordinance pursuant to N.J.A.C. 5:97-8.3.
(c)
Affordable housing units shall be built in accordance with the following schedule:
Percentage of Market-rate Units Completed | Minimum Percentage of Low- and Moderate-Income Units Completed |
|---|---|
25 | 0 |
25 + 1 unit | 10 |
50 | 50 |
75 | 75 |
90 | 10 |
(d)
To the extent feasible, developers shall fully integrate the low- and moderate-income units with the market units.
(e)
Affordable units shall utilize the same heating source as market-rate units within the inclusionary development and have access to all community amenities available to market-rate units and subsidized in whole by association fees.
(f)
The first floor of all townhouse dwelling units and all other multistory dwelling units comply with N.J.A.C. 5:97-3.14.
(g)
The affordable units shall comply with N.J.A.C. 5:97-9 and UHAC.
[1]
Editor's Note: Former Subsection 25-208.2.5, Hotels and Motels, previously codified herein and containing portions of Ordinance No. 06-33, was repealed in its entirety by Ordinance No. 07-37.
§ 25-208.2.6 WIRELESS TELECOMMUNICATION TOWERS AND ANTENNAS. [1]
[Ord. No. 23-12; amended in its entirety 4-10-2025 by Ord. No. 25-01]
[1]
Editor's Note: Prior Subsection 25-208.2.6, Conditional Uses-Coastal Cottages, containing portions of Ordinance 13-19, was deleted in its entirety by Ordinance No. 2016-03.
§ 25-208.2.6.1 Definition.
[Amended 4-10-2025 by Ord. No. 25-01]
An unstaffed facility for the transmission and reception of low-power radio signals typically consisting of an equipment shelter or cabinet, a support structure, antennas (e.g., omnidirectional, panel/directional or parabolic), and related equipment.
§ 25-208.2.6.2 Locations Permitted; Conditions.
[Amended 4-10-2025 by Ord. No. 25-01]
A wireless telecommunication tower and antenna shall be a permitted conditional use only in the P Zones, and on land owned by the City within the City of Ocean City, subject to the following conditions:
a.
Communication towers shall only be permitted on property owned, leased or otherwise controlled by City of Ocean City (not including public rights-of-way).
b.
The City of Ocean City must give its consent before its property may be used for a communication tower. This consent shall be in the form of a resolution of approval adopted by the Governing Body.
c.
No communication tower shall be erected or operated within the City except pursuant to a license issued by the Governing Body or a lease entered into between the operator of the facility and the City.
d.
No tower shall be erected within the City of Ocean City if there exists the ability to extend a preexisting structure to adequately and lawfully accommodate a communication tower.
e.
All towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the Federal Aviation Administration (FAA), be painted a neutral color so as to reduce visual obtrusiveness.
f.
All towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
g.
No signs shall be allowed on an antenna or tower except for signs required by the Federal Communications Commission (FCC), the Electronic Industries Association (ETA) and/or the Telecommunication Industry Association (TIA) or by law, such as warning and equipment information signs.
h.
The maximum height of the tower shall be 125 feet above existing grade, including the lightning rod atop the tower; the maximum height of accessory structures and equipment shall be 19 feet above existing grade.
i.
The tower, equipment platform and other related equipment shall be surrounded by a 6-foot-high fence and green landscaping which provides year-round screening of the fence and accessory structures and equipment.
j.
The fence area surrounding the tower, equipment platform and other related equipment shall be centrally located on the lot relative to the front and rear property lines, approximately equidistant from the front and rear property line; and as far as possible from residential development, taking into consideration any wetlands and buffers.
k.
Impervious coverage shall be limited to the fenced area and an access drive of no more than 12 feet in width.
l.
The operator of the wireless communications facility shall be responsible to obtain all applicable local, county, state and federal approvals.
§ 25-208.2.7 Conditional Uses, Filling Stations.
[Ord. #10-09, § 7]
Filling stations may be permitted as a conditional use provided the lot, use and structures adhere to the minimum bulk and design standards of the particular zones and the following:
a.
Maximum lot size eighteen thousand (18,000) sf.
b.
A filling station shall not be operated in conjunction (such as shared drive aisles, parking or signage) with a convenience store on an adjacent property.
c.
Fuel dispensers at least thirty feet (30') from property lines.
d.
No outdoor oil drains pits, or hydraulic lifts.
e.
No auto bodywork or auto sales permitted.
f.
Non-intrusive lighting.
g.
Landscaped buffer.
h.
Strict adherence to environmental standards.
§ 25-209.1 (Reserved) [1]
[Ord. #99-20, § 3; Ord. #00-05, § 5; Ord. #00-06, § 8; Ord. #02-19; Ord. #02-36, § 9; Ord. #03-12, § 5; Ord. #04-13, § 4; Ord. #06-36, § 1; Ord. #06-33, §§ 1, 2; Ord. #07-37, §§ 2,4; Ord. #07-31, § 2; Ord. #08-01, § 1; Ord. #08-04, § 2; Ord. #08-05, § 2; Ord. #08-12, §§ 3, 4]
[1]
Editor's Note: Former § 25-209.1, Schedule A, Schedule of Zoning District Regulations, previously codified herein and containing portions of Ordinance Nos. 99-20, 00-05, 00-06, 02-19, 02-36, 03-12, 04-13, 06-33, 06-36, 07-31, 07-37, 08-01, 08-04, 08-05 and 08-12, was repealed in its entirety by Ordinance No. 09-28. See individual districts for schedules of district regulations.
§ 25-209.2 Schedule B - Schedule of Front Yard Setback Depths by Street.
[Ord. #89-22, § 4; Ord. #94-16, Appx. A; Ord. #00-05, § 6; Ord. #00-06, § 9; Ord. #02-19; Ord. #02-23, § 18; Ord. #02-36, § 9; Ord. #03-12, § 5; Ord. #04-13, § 4; Ord. #06-22, § 1; Ord. #08-12, § 4; Ord. #09-28, § 13; Ord. #10-09, § 5; Ord. #12-20, § 3; Ord. #14-04 § 3]
This schedule applies to all lots located within the following residential zones: R-1, R-2, R-L-1, R-L-2, R-O-1, R-O-2, R-B, R-MB, R-MF, Bay Landings, Bayou, Bay View, Bay West, Corinthians, Gardens, Merion Park, Neel, North End, Ocean City Homes, Revere Place, Riviera.
SCHEDULE B SCHEDULE OF FRONT YARD SETBACK DEPTHS BY STREET | |
|---|---|
Street Name | Required front yard (feet) |
Aberdeen Road | 12 |
Aldrich | 10 |
Alder Lane | 10 |
Anchorage Drive | 20 |
Anchor Road | 20 |
Appletree Lane | 20 |
Argyle Place | 25 |
Arkansas Avenue | 20 |
Asbury Avenue | 10 |
Asbury Road | 15 |
Atlantic Avenue and Boulevard | 10 |
Barbados Lane | 20 |
Bark Drive | 20 |
Bartram Lane | 25 |
Bass Court | 10 |
Battersea Road | 12 |
Wesley to West Atlantic Boulevard | |
Northeast Side | 25 |
Bay Avenue | 10 |
20th Street to 26th Street | 22 |
34th Street to 36th Street | 25 |
52nd Street to 55th Street | 24 |
Bayland Drive | 15 |
Bayonne Place | 10 |
Bay Road | 10 |
Bayview Place | 10 |
Bayshore Drive | 20 |
Beach Road | 10 |
Belfast Road | 12 |
Bonita Court | 10 |
Bridge Boulevard | 12 |
Brigantine Drive | 20 |
Cardiff Road | 12 |
Caroline Lane | 20 |
Central Avenue | 10 |
9th Street to 15th Street in R-MF | 12 |
Central Road | |
Northwest Side | 15 |
Southeast Side | 20 |
Chelsea Place | 10 |
Clipper Drive | 20 |
Clubhouse Drive | 10 |
Coolidge Road | 10 |
Coral Lane | 10 |
Corinthian Avenue | 10 |
Crescent Road | 12 |
Dolphin Court | 10 |
Dory Drive | 20 |
Dundee Road | 12 |
East Atlantic Boulevard | |
Battersea to Surf | 22 |
Surf to Gardens Parkway | 16 |
R-2 Zone Only | 22 |
Easterly Drive | 10 |
Edgewater Road | 15 |
Edinburgh Road | 12 |
Ferndale Drive | 20 |
Gardens Parkway and Road | 12 |
Garfield Place | 10 |
Genoa Drive | 10 |
Gilbert Lane | 20 |
Glenwood Drive | 20 |
Grenada Lane | 20 |
Gull Haven | 10 |
Gull Road | 10 |
Harbor Road | 12 |
Haven Avenue | 10 |
20th Street to 23rd Street | 22 |
23rd Street to 24th Street (west side) | 22 |
23rd Street to 24th Street (east side) | 10 |
52nd Street to 55th Street | 20 |
West side from 20th Street to 21st Street | 10 |
Holly Tree Road | 12 |
Inlet Road | 12 |
Kingston Lane | 20 |
Lagoon Road | 12 |
Landing Road | 10 |
Laurel Road | 12 |
Leyte Lane | 20 |
Lincoln Place | 10 |
Mariana Lane | 20 |
Marine Place | 10 |
Marlin Court | 10 |
Marshall Lane | 20 |
Mercer Place | 10 |
Merion Place | 10 |
Michigan Avenue | 20 |
Moore Avenue | 10 |
Morningside Road | |
Northwest side | 20 |
Southeast side | 12 |
Nassau Road | 10 |
Newcastle Road | 12 |
R-0-1 Zone | 10 |
North Street | 10 |
North Point Road | 12 |
Numbered Streets (except 1st, 2nd, 3rd and 4th Streets East of Atlantic Avenue in the CR Zone) (except 52nd Street, 53rd Street, and 54th Street as listed below) | 10 |
Ocean Avenue | 15 |
Ocean Road | |
North Street to Battersea | |
Northwest side | 12 |
Southeast side | 10 |
Battersea to Gull | 10 |
Gull to Seaspray | 20 |
Oxford Lane | 25 |
Palen Avenue | 10 |
Parkridge Road | 10 |
Pelham Place | 10 |
Pembroke Lane | 25 |
Pine Road | 20 |
Pinewood Drive | 20 |
Pinnacle Road | 12 |
Plaza Place | 10 |
Pleasure Avenue | |
R-1 Zones | 25 |
Exception: 11th Street to 12th Street east side | 10 |
R-2 Zones | 10 |
Exception: 15th Street to 16th Street, northwest side | 25 |
R-B Zone | |
12th-15th Streets | 10 |
15th-16th Streets | 25 |
R-MB Zone | 10 |
East side between 12th Street and 14th Street | 10 |
East side (9th Street to 14th Street) [Added 12-12-2019 by Ord. No. 19-15] | 10 |
Prospect Avenue | 10 |
Reef Drive | 10 |
Revere Place | 10 |
Richmond Drive | 20 |
Roosevelt Boulevard | 25 |
Rosemar Lane | 20 |
Safe Harbor Drive | 10 |
Seabright Road | 12 |
Seabright Road (east) | 12 |
(except those lots on the south side (Block 70.26) between Wesley Road (Gardens Parkway) and Ocean Road)) | 22 |
Sea Cliff Road | 10 |
Seacrest Road | 10 |
Sea Harbor Drive | 10 |
Seaspray Road | 12 |
Seaview Road | 10 |
Simpson Avenue | 10 |
except, 20th Street to 26th Street and, | 25 |
52nd Street to 55th Street | 22 |
Simpson Road | 25 |
Sindia Road | 17 |
Somerset Lane | 25 |
South Inlet Drive | 10 |
Spinnaker Court | 10 |
Spruce Drive | 20 |
Spruce Road | 20 |
Station Road East | |
Northwest side | 20 |
Southeast side | 25 |
Station Road West | |
Northwest side | 17 |
Southeast side | 10 |
St. David's Place | 10 |
Summer Court | 15 |
Sunnyside Court | 15 |
Sunset Place | 10 |
Surf Road | 12 |
Surf Road (east) | 12 |
(except those lots on the north side (Block 70.26) between Wesley Road (Gardens Parkway) and Ocean Road)) | 20 |
Sweetwater Court | 15 |
Tarpon Court | 10 |
Tioga Terrace | 8 |
Tobago Lane | 20 |
Valmar Court | 15 |
Vernon Lane | 25 |
Victoria Lane | 25 |
Wahoo Drive | 10 |
Walnut Drive | 20 |
Walnut Road | 20 |
Walton Place | 10 |
Warwick Road | 10 |
Waterview Boulevard | 25 |
Waterview Place | 10 |
Waterway Road | 15 |
Waverly Boulevard | 12 |
Wayne Avenue | 10 |
Wesley Avenue | 10 |
except, R-MF Zones | 12 |
Wesley Road | 12 |
except, North Street to Battersea | 15 |
Wesley Way (east side of alley from 29th to 39th Streets between vacated Wesley Avenue and Central Avenue) | 20 |
West Atlantic Boulevard | 12 |
West Avenue | 10 |
except, 53rd Street to 55th Street | 20 |
West 16th Street | 10 |
West 17th Street | 10 |
West 28th Street | 10 |
except, west of Bayland Drive | 15 |
West 55th Street | 10 |
except, north side, west of Bay Avenue | 20 |
Westminister Lane | 25 |
Windsor Drive | 20 |
Wovern Place | 8 |
18th Street | |
West of Bay Avenue—south side | 20 |
52nd Street | 10 |
except, south side, west of alley between West Avenue and Haven Avenue | 20 |
53rd Street | 10 |
except, west of West Avenue | 18 |
54th Street | 10 |
except, west of West Avenue | 15 |
SCHEDULE B SCHEDULE OF FRONT YARD SETBACK DEPTHS BY STREET Corinthian and Stenton Place Neighborhood | ||
|---|---|---|
Street Name Street Side | Required Front Yard to Porch or Deck (feet) | Required Front Yard to Dwelling (feet) |
5th Street | — | 10 |
Atlantic Avenue | — | 10 |
Ocean Avenue | — | 15 |
Brighton Place - | ||
South Side | 8 | 18 |
North Side | 6 | 15 |
Delancy Place - | ||
South Side | 4 | 10 |
North Side | 4 | 12 |
First Street - | ||
South Side | 10 | 16 |
North Side | 10 feet west of Corinthian 4 feet east of Corinthian | 16 feet west of Corinthian 10 feet east of Corinthian |
Fourth Street - | ||
South Side | 4 | 14 |
North Side | 4 feet west of Corinthian 10 feet east of Corinthian | 14 feet west of Corinthian 18 feet east of Corinthian |
North Street - | ||
South Side | 10 feet west of Corinthian 4 feet east of Corinthian | 18 feet west of Corinthian 10 feet east of Corinthian |
Park Place - | ||
South Side | 10 feet west of Corinthian 4 feet east of Corinthian | 18 feet west of Corinthian 10 feet east of Corinthian |
North Side | 10 | 18 |
Pennlyn Place - | ||
South Side | 4 | 14 |
North Side | 6 feet west of Corinthian 4 feet east of Corinthian | 14 |
Second Street - | ||
South Side | 6 | 14 |
North Side | 10 feet west of Corinthian 5 feet east of Corinthian | 20 feet west of Corinthian 15 feet east of Corinthian |
St. Charles Place - | ||
South Side | 10 | 20 |
North Side | 10 | 20 |
St. James Place - | ||
South Side | 10 | 20 feet west of Corinthian 18 feet east of Corinthian |
North Side | 12 feet west of Corinthian 10 feet east of Corinthian | 20 feet west of Corinthian 18 feet east of Corinthian |
Stenton Place - | ||
South Side | ||
(West of Corinthian) | 10 | 18 |
(East of Corinthian) | 4 | 12 |
North Side | 10 | 18 |
Third Street | ||
South Side | 8 | 18 |
North Side | 4 | 14 |
SCHEDULE B SCHEDULE OF FRONT YARD SETBACK DEPTHS BY STREET Commercial Zones | |
|---|---|
Street Name | Required Front Yard (in feet) |
CB and CB-1 Central Business Zones | |
Asbury Avenue -6th-14th | 4 |
Wesley Avenue | 10 |
Numbered Streets | 4 |
Asbury Avenue | 10 |
Battersea Road | 12 |
Haven Avenue | 10 |
Numbered Streets | 10 |
Simpson Avenue | 10 |
West Avenue | 10 |
(ON-BD) On-Boardwalk Zone | |
Boardwalk | 0 |
Moorlyn Terrace | 10 |
Numbered Streets | 10 |
Ocean Avenue | 20 |
Plaza Place | 10 |
Plymouth Place | 10 |
(OFF-BD) Off-Boardwalk Zone | |
Moorlyn Terrace | 10 |
Numbered Streets | 10 |
Ocean Avenue | 20 |
Plaza Place | 10 |
Plymouth Place | 10 |
Wayne Avenue | 10 |
(HM & HM-1) Hotel Motel Zones | |
Atlantic Avenue | 10 |
Moorlyn Terrace | 4 |
Numbered Streets | 4 |
Ocean Avenue | 20 |
Plymouth Place | 4 |
Wesley Avenue | 10 |
(MVH) Marine Village Harbor Zone | |
See § 25-205.8.9 | |
(A) Airport Zone | |
Bay Avenue | 30 |
MP-NB-1 Marine Place Neighborhood Business-1 Zone | |
Bay Avenue | 10 |
34th Street Gateway Zone | |
34th Street— | |
North side (between Bay and West) | 40 |
South side (between Bay and Simpson/Haven alley) | 40 |
South side from Simpson/Haven alley to West | 10 |
North and south side West to Central | 4 |
Bay, Simpson, Haven, West, Asbury and Central | 10 |
Hospitality Zone | |
Moorlyn Terrace | 10 |
Numbered Streets | 10 |
Ocean Avenue | 20 |
Plaza Place | 10 |
Plymouth Place | 10 |
Wayne Avenue | 10 |
Atlantic Avenue | 10 |
Wesley Avenue | 10 |
§ 25-209.3 Schedule C and Schedule C1 - Schedules of Required Side Yard Depths by Lot Width.
[Ord. #00-05, § 7; 88-32, § 1; Ord. #02-19; Ord. #04-13, § 4; Ord. No. 08-12, § 4; Ord. #12-20, § 3]
This schedule of side yard setbacks shall apply to all lots located within the following zones: R-1, R-2, R-MF, R-B, R-MB, R-L-1, R-L-2, R-O-1, R-O-2, DB, NB, NB-1, ON-BD, OFF-BD, MVH, and P, Bay Landings, Bayou, Bayview, Bay West, Corinthian, Gardens, Merion Park, Neel, North End, Revere Place, Stenton Place and Riviera Neighborhood Zones.
SCHEDULE C | ||
|---|---|---|
Lot Width Ranges (feet) | Minimum Width of Each Side Yard (feet) | Aggregate Width of Both Side Yards (feet) |
Less than 30.0 | 4'0" | 8'0" |
30.0 to 34.9 | 4'0" | 8'0" |
35.0 to 39.9 | 4'0" | 9'0" |
40.0 to 44.9 | 5'0" | 11'0" |
45.0 to 49.9 | 5'0" | 12'0" |
50.0 to 54.9 | 6'0" | 13'0" |
55.0 to 59.9 | 6'0" | 15'0" |
60.0 to 64.9 | 7'0" | 16'0" |
65.0 to 69.9 | 7'0" | 17'0" |
70.0 to 74.9 | 8'0" | 19'0" |
75.0 to 79.9 | 8'0" | 20'0" |
80.0 to 84.9 | 9'0" | 21'0" |
85.0 to 89.9 | 9'0" | 23'0" |
90.0 or greater | 10'0" | 24'0" |
SCHEDULE C-1 SIDE YARD SETBACK DEPTHS BY STREET | ||
|---|---|---|
This schedule of side yard setbacks in the OCHR Zone shall apply to the principal structures as follows: | ||
Street Name | Width of Each Side Yard Shall be a Minimum of the Following (feet) | Combined Width of Two (2) Side Yards Shall be a Minimum of the Following (feet) |
Bay Avenue | 7 | 20 |
East 53rd Street | 5 | 20 |
East 54th Street | 5 | 20 |
Haven Avenue | 7 | 20 |
Simpson Avenue | 7 | 20 |
§ 25-209.5 Building Height.
[Ord. #12-19, § 4; Ord. #13-12, § 3; Ord. No. 2015-23 § 5]
a.
Schedule D — Residential Building Height.
Maximum permitted building height for residential structures is measured above Zoning Flood Elevation and shall be regulated as per the following Schedule:
SCHEDULE D RESIDENTIAL BUILDING HEIGHT | ||
|---|---|---|
Lot Width | Maximum Building Height above Zoning Flood Elevation | |
(Pitched Roof) | (Flat Roof) | |
Lots 55' and less in width | 30' | 25' |
Lots 55.1'- 60' in width | 31' | 26' |
Lots 60.1' and greater in width | 32' | 27' |
Zone District | ||
Old City Overlay Zone | 32' | 27' |
R-O-1 and R-O-2 Zones, and "beachfront lots*" in the R-1 and R-2 Zones | 33' | 28' |
Corinthian R-2 Zone | 34' | 29' |
* "Beachfront lots" shall mean those lots adjoining the Boardwalk between 16th Street and 23rd Street, and including Block 1901, Lots 9, 9.01 and 11. |
b.
Building Height - Non-residential and Mixed-use.
Building height for non-residential buildings and mixed-use buildings shall be measured from Base Flood Elevation plus one (1) foot (BFE+1').
§ 25-210 OLD CITY OVERLAY ZONE.
[Ord. #97-32, § 3; Ord. #02-19; Ord. #02-29, § 19; Ord. #04-13, § 4]
The "Old City Overlay Zone" is hereby created. The purpose of the Old City Overlay Zone is to provide incentives to attract high quality residential development that is consistent with the character of the historical center of Ocean City. The provisions contained herein are the products of specific recommendations contained within the 1995 Master Plan Reexamination Report and as further amended by the 2001 Master Plan:
a.
Within the North to 15th Street area zoning should encourage replacement of functionally obsolescent structures where parking can be provided on site.
b.
Design standards in residential zones should be flexible enough to encourage creativity, to encourage architectural interest and to meet the needs of a changing market.
c.
The objectives of the historic district need to be further encouraged through review, guidance and regulation where necessary.
The Old City Overlay Zone shall be defined by the following boundaries:
North: Beginning at the intersection of the center lines of North Street and the alley between Asbury Avenue and West Avenue, then southeast along the centerline of North Street to the intersection of the centerline of Ocean Avenue.
East: Beginning at the intersection of the centerline of North Street and Ocean Avenue, then southwest along the centerline of Ocean Avenue to the intersection of the centerline of 3rd Street, then southeast along the centerline of 3rd Street to the intersection of the centerline of the alley between Atlantic Avenue and Ocean Avenue, then southwest along the centerline of the alley to the intersection of the centerline of 4th Street, then southeast along the centerline of 4th Street to the intersection of the centerline of Atlantic Avenue, then southwest on that line to the intersection of the centerline of 9th Street, then northeast on 9th Street to the centerline of Ocean Avenue, then southwest on Ocean Avenue to the intersection of the centerline of 15th Street.
South: Beginning at the intersection of the centerline of Ocean Avenue and 15th Street, then northwest on 15th Street to the intersection of the centerline of Bay Avenue.
West: Beginning at the intersection of the centerline of 15th Street and Bay Avenue, then northeast along Bay Avenue to the centerline of Revere Place to the centerline of Aldrich Road, then northeast along the centerline of Aldrich Road to the centerline of 8th Street to the centerline of Haven Avenue, then northeast along the centerline of Haven Avenue to 6th Street, then northwest along the centerline of 6th Street to the centerline of Bay Avenue, then northeast along Bay Avenue to the centerline of 5th Street, then southeast along 5th Street to the centerline of the alley between West Avenue and Asbury Avenue, then northeast along the alley to the centerline of North Street to the place of beginning.
§ 25-210.1 Qualifications.
[Ord. #97-32, § 3; Ord. #02-19; Ord. #02-29, § 19]
In order to utilize the standards contained herein, all proposed development shall meet all the following qualifications.
§ 25-210.1.1 Old City Overlay Zone.
[Ord. #97-32, § 3; Ord. #02-19; Ord. #02-29, § 19]
Buildings shall be a single- or two-family dwelling located within the Old City Overlay Zone.
§ 25-210.1.2 Front Porch.
[Ord. #97-32, § 3; Ord. #02-19; Ord. #02-29, § 19]
Buildings shall have first floor front porches. In the case of a corner lot, both frontages shall have a porch, which may be one (1) continuous porch.
§ 25-210.1.3 Front Steps.
[Ord. #97-32, § 3; Ord. #02-19; Ord. #02-29, § 19]
Buildings shall have front steps that connect the first habitable floor to the street level. Buildings on lots without alley access are encouraged to have front steps, but are not required to have them. Corner lots shall have front steps on at least one (1) of the frontages.
§ 25-210.1.4 Visual Screening.
[Ord. #97-32, § 3; Ord. #02-19; Ord. #02-29, § 19]
All carport or garage areas shall be visually screened with an architectural element. Vegetative screening alone is not an acceptable method.
§ 25-210.1.5 Vegetative Groundcover.
[Ord. #97-32, § 3; Ord. #02-19; Ord. #02-29, § 19]
All areas of a lot that are not utilized for building, parking or pedestrian access shall be planted with grass or other vegetative groundcover. Areas planted with native plant species will not require an irrigation system. An underground irrigation system is required for all landscaped areas planted with non-native species. Gravel, stones or crushed shells may only be used as permitted in § 25-1700.45.
§ 25-210.1.6 Street Shade Trees.
[Ord. #97-32, § 3; Ord. #02-19; Ord. #02-29, § 19]
If not already existing, a minimum of two (2) street shade trees (twelve to fourteen feet (12'-14') in height, two to two and one-half inches (2"-2 1/2") caliper shall be planted on each street frontage.
§ 25-210.2.1 Lot Area.
[Ord. #97-32, § 3; Ord. #02-19; Ord. #02-29, § 19]
Refer to the underlying zoning district regulation for the minimum requirements.
§ 25-210.2.2 Lot Width.
[Ord. #97-32, § 3; Ord. #02-19; Ord. #02-29, § 19]
Refer to the underlying zoning district regulation for the minimum requirements.
§ 25-210.2.3 Front Yard.
[Ord. #97-32, § 3; Ord. #02-19; Ord. #02-29, § 19]
Refer to § 25-209.2 Schedule B: Schedule of Front Yard Setbacks by Streets.
a.
Permitted Deviations in Front Yard.
1.
Nonhabitable building area, such as non-enclosed covered porches and decks, may extend into the required front yard not more than six feet (6'), provided that no porch or deck shall be constructed any closer than four feet (4') to the front property line or right-of-way line. Unroofed porches or decks may not utilize this standard. This permitted deviation shall be reduced by one foot (1') for every additional foot of elevation that is required to elevate the first habitable floor above the maximum elevation pursuant to Subsection 210.2.8a in order to comply with the requirements of the Flood Insurance Rate Maps.
2.
Steps and landings shall be permitted to extend to a point that is six inches (6") from the front property line or right-of-way, but shall not extend past the nearest edge of the existing sidewalk or sidewalk line established for the subject block. This permitted deviation shall be reduced by one foot (1') for every additional foot of elevation that is required to elevate the first habitable floor above the maximum elevation pursuant to Subsection 210.2.8a in order to comply with the requirements of the Flood Insurance Rate Maps.
3.
Architectural decoration.
4.
Architectural projections of the habitable portion of the building may extend into the front yard no more than eighteen inches (18").
5.
Architectural projections shall not exceed a total length that is one-third (1/3) of the width of the facade.
6.
Roof eaves of the habitable portion of the building may extend into the front yard no more than three feet (3').
7.
Roof eaves of the nonhabitable portion of the building may extend into the front yard no more than eighteen inches (18").
§ 25-210.2.4 Rear Yard.
[Ord. #97-32, § 3; Ord. #02-19; Ord. #02-29, § 19]
The minimum requirement is fifteen feet (15').
a.
Permitted Deviations in Rear Yards.
1.
Architectural decoration.
2.
Architectural projections of the habitable portion of the building may extend into the rear yard no more than eighteen inches (18").
3.
Architectural projections shall not exceed a total length that is one-third (1/3) of the width of the rear elevation.
4.
Roof eaves of the habitable portion of the building may extend into the rear yard no more than three feet (3').
5.
Roof eaves of the nonhabitable portion of the building may extend into the rear yard no more than eighteen inches (18").
6.
Nonhabitable building area, such as covered porches, decks and landings may extend not more than seven and one-half feet (7.5') into the required rear yard.
§ 25-210.2.5 Side Yard.
[Ord. #97-32 § 3; Ord. #02-19; Ord. #02-29 § 19; Ord. #04-13 § 4; Ord. #14-36 § 5]
The minimum requirements are based on the lot width as follows:
Lot Width | One Side | Aggregate Side |
|---|---|---|
Not more than 35 feet | Four feet (4') | Eight feet (8') |
At least 35 feet but not more than 40 feet | Four feet (4') | Nine feet (9') |
At least 40 feet but not more than 45 feet | Five feet (5') | Eleven feet (11') |
45 feet and up | Five feet (5') | Twelve feet (12') |
Permitted Deviations in Side Yards.
1.
Chimneys may extend no closer than three feet (3') to the side property line.
2.
Roof eaves may extend no closer than two and one-half feet (2.5') of the side property line where the side yard is at least four feet (4').
3.
Roof eaves may extend no closer than three feet (3') of the side property line where the side yard is at least five feet (5').
4.
Architectural decoration.
5.
Architectural projections and architectural features may extend no closer than three feet (3') of the side property line where the lot width is less than forty feet (40'). Said projection(s) may not exceed a total length that is greater than fifteen percent (15%) of the lot depth. Chimneys, or the full length or depth of a garage wall are not considered architectural projections.
6.
Architectural projections and architectural features may extend no closer than four feet (4') of the side property line where the lot width is forty feet (40') or more. Said projection(s) may not exceed a total length that is greater than fifteen percent (15%) of the lot depth. Chimneys are not considered architectural projections.
§ 25-210.2.6 Lot Depth.
[Ord. #97-32, § 3; Ord. #02-19; Ord. #02-29, § 19]
Refer to the underlying zoning district regulation for the minimum requirements.
§ 25-210.2.7 Floating Building Envelope.
[Ord. #97-32, § 3; Ord. #02-19; Ord. #02-29, § 19]
The habitable building area envelope may be shifted forward or backwards within the lot provided that any decrease in yard space at one (1) end is matched by an equal increase at the other end. The minimum permitted rear yard under this scenario shall be seven and one-half feet (7.5'). The floating envelope may not be employed to extend the minimum front yard beyond the existing average front setbacks of the adjacent buildings. Buildings on lots that front on the ocean or bay, as well as those that front on streets that are cross-island, may not utilize this provision.
§ 25-210.2.8 Building Height.
[Ord. #14-36 § 5; Ord. #97-32, § 3; Ord. #99-20, § 4; Ord. #02-19; Ord. #02-29, § 19; Ord. #11-21, § 4; Ord. # 12-19, § 6]
The maximum permitted building height and number of stories in the Old City Overlay Zone shall be governed by the underlying zoning requirements. If Old City Overlay Standards (§ 25-210.1) are utilized, the building height shall be a maximum of thirty-two feet (32') from ZFE with two and one-half (2.5) habitable stories.
a.
Lowest Floor.
Maximum elevation to the top of the lowest floor shall be five feet (5') above the finished grade for buildings on lots that have alley access. This floor elevation shall be maintained for the front one-third (1/3) of the habitable building length as measured from the street to the alley.
However, the elevation above finished grade to the top of the lowest floor may be increased by one foot (1') for every one foot (1'), or portion thereof, necessary to locate the lowest habitable floor in conformance with the zoning flood elevation.
b.
Maximum eave height for the primary or main roof shall be nineteen feet (19') as measured from the top of the lowest habitable floor elevation.
c.
Pitched roofs shall not exceed an angle of twelve feet (12') of vertical rise in twelve feet (12') of horizontal run.
d.
Flat roofs shall not exceed a height of two feet (2') above the bottom edge of the roof eave.
e.
Dormers shall not exceed a height of eight feet (8') above the bottom edge of the primary or main roof eave as measured to the roof eave of the dormer.
f.
Dormers shall not extend beyond the required yard setbacks and shall not be located closer than five feet (5') to either end of the primary or main roof.
g.
Ridge height of any dormer shall not exceed the ridge height of the primary or main roof.
§ 25-210.2.9 Habitable Stories.
[Ord. #97-32, § 3; Ord. #02-19; Ord. #02-29, § 19]
Conforming residential uses shall be permitted to have up to two and one-half (2.5) habitable stories of living space.
§ 25-210.2.10 Building Coverage-Buildings on Lots with Alley Access.
[Ord. #97-32, § 3; Ord. #02-19; Ord. #02-29, § 19]
Buildings shall not exceed forty percent (40%) of the lot area. Nonhabitable building area does not count towards this requirement.
§ 25-210.2.11 Building Coverage-Buildings on Lots without Alley Access.
[Ord. #97-32, § 3; Ord. #02-19; Ord. #02-29, § 19]
Buildings shall not exceed fifty-five percent (55%) of the lot area. Nonhabitable building area does not count towards this requirement.
§ 25-210.2.12 Impervious Surface Coverage.
[Ord. #97-32, § 3; Ord. #02-19; Ord. #02-29, § 19]
Impervious surface coverage shall not exceed sixty-five percent (65%) of the lot area. Nonhabitable building area does count towards this requirement.
§ 25-210.2.13 Corner Lots.
[Ord. #97-32, § 3; Ord. #02-19; Ord. #02-29, § 19]
Corner lots shall have two (2) front yards, one (1) side yard and one (1) rear yard for the purposes of establishing the building envelope.
§ 25-210.2.14 (Reserved) [1]
[1]
Editor's Note: Former Subsection 25-210.2.14, Floor Area Ratio, previously codified herein and containing portions of Ordinance No. 97-32 and 02-19, was repealed in its entirety by Ordinance No. 02-29.
§ 25-210.2.15 Parking Requirements.
[Ord. #97-32, § 3; Ord. #02-19; Ord. #02-29, § 19]
The following minimum parking requirements within the Old City Overlay District shall be met in the case of new construction or construction that results in the creation of additional habitable floor area:
Floor Area | Single-Family | Two-Family |
|---|---|---|
Not more than 3,500 SF | 2 | 4 |
At least 3,500 SF, but not more than 4,000 SF | 2 | 5 |
At least 4,000 SF, but not more than 5,000 SF | 3 | 6 |
At least 5,000 SF, but not more than 6,000 SF | 3 | 7 |
6,000 SF or greater | 4 | 8 |
§ 25-210.2.16 Garage Access for Buildings on Lots without Alley Access.
[Ord. #97-32, § 3; Ord. #02-19; Ord. #02-29, § 19]
Garage space shall be subject to the same required yard space as the habitable building area. However, garages that are fully enclosed with doors that are designed in a manner that integrates them with the architecture of the building may extend to within two feet (2') of the yard setbacks for the nonhabitable building area, provided, however, that the garage is set back at least two feet (2') from the front edge of the front porch.
§ 25-210.2.17 Documentation.
[Ord. #97-32, § 3; Ord. #02-19; Ord. #02-29, § 19]
Prior to issuance of a certificate of occupancy, an applicant shall provide the following documents to the City Division of Code Enforcement:
a.
An approved as-built survey, with a sheet size not exceeding eleven by seventeen inches (11" x 17").
b.
At least four (4) 4" x 6" (min.) photographs of the finished construction, each showing one of the four (4) sides of the building.
These documents shall be forwarded to the Division of Planning and Community Development along with a copy of the signed zoning permit and the signed certificate of occupancy.
§ 25-211.1 Purpose.
[Ord. #99-13, § 1; Ord. #02-19]
It is the purpose of this program to help meet Ocean City's Fair Share Housing Obligation through the voluntary conversion of existing single family or two (2) family dwellings, or accessory buildings to accommodate accessory apartments for year round occupancy within the City of Ocean City.
§ 25-211.2 Eligibility.
[Ord. #99-13, § 1; Ord. #02-19]
Only owners who occupy single family detached or two family dwellings, as their primary residence, in which an accessory apartment will be located or owners who occupy the principal structure on a lot on which an accessory unit will be located shall be eligible to participate in the accessory apartment program. Eligibility is further determined and conditional on the following criteria:
a.
The owner must agree to rent the accessory apartment unit only to low or moderate income households. Proof of the tenant's income qualifications will be required by Ocean City who shall administer the program.
b.
The owner of the accessory apartment shall agree to comply with all rules and regulations of the City relative to the subsidized accessory apartment program.
§ 25-211.3 Zoned Districts.
[Ord. #99-13, § 1; Ord. #02-19]
Accessory apartments shall only be permitted in the R-2 and RMF Zone Districts exclusive of any lots located on the bayfront or oceanfront.
§ 25-211.4 Area and Unit Requirements.
[Ord. #99-13, § 1; Ord. #02-19]
The gross floor area of the accessory apartment shall be no less than four hundred fifty (450) square feet and not more than nine hundred fifty (950) square feet. It shall contain one (1) kitchen with sanitary facilities including a sink, refrigerator and cooking facilities. It shall have one (1) full bathroom with a sink, toilet and tub or shower. The accessory apartment unit and any existing unit shall each have a separate door with direct access to the outside and the development shall not result in the placement of an additional door on the front facade of the principal structure.
§ 25-211.5 Parking.
[Ord. #99-13, § 1; Ord. #02-19]
Accessory apartments created by new construction shall conform to the parking requirements of the zone district (R-2 or RMF) in which the lot is located. Accessory apartments created through renovation or rehabilitation of existing structures shall be required to create one (1) additional off-street parking space. All parking spaces shall comply with the parking requirements of this ordinance.
§ 25-211.6 Building Code Compliance.
[Ord. #99-13, § 1; Ord. #02-19]
Any accessory apartment created under this program shall comply with all building codes of the State of New Jersey as enforced by the Construction Code Official of the City of Ocean City. Owners of buildings in which accessory apartments are located are encouraged to rehabilitate the structure, at the time of the creation of the accessory apartment, so that the entire structure is compliant with all building codes of the State of New Jersey. As an inducement to encourage this compliance, an owner who elects to insure that the entire building is compliant with all building codes of the State of New Jersey shall be eligible for a loan, in addition to the grant for the creation for the accessory apartment. The amount of the loan shall be equal to the cost to rehabilitate the structure to bring it in compliance with all building codes of the State of New Jersey.
§ 25-211.7 Zoning Compliance.
[Ord. #99-13, § 1; Ord. #02-19]
Accessory apartments may only be created on lots and structures which are conforming in all respects to use, building height, habitable stories, lot area, lot width, front yard, side yard, rear yard, maximum building coverage, parking, landscaping and other applicable design and improvement standards, and maximum impervious surface coverage of the zone district in which the lot is located.
§ 25-211.8 Maximum Number of Accessory Apartments.
[Ord. #99-13, § 1; Ord. #02-19]
The maximum number of accessory apartments permitted under this section shall be the number that the City of Ocean City is permitted to apply to its Fair Share obligation of low and moderate income dwelling units in accordance with applicable provisions of the Council on Affordable Housing and the Fair Share Plan adopted by the City of Ocean City.
There shall not be more than one (1) accessory apartment on any lot.
§ 25-211.9 Deed Restrictions.
[Ord. #99-13, § 1; Ord. #02-19]
At the time of development a new deed shall be recorded in the Cape May County Clerk's Office containing a restriction that the accessory apartment may only be rented to low or moderate income households. Said restriction shall remain in place for a period of ten (10) years from the date of initial occupancy.
In the event the owner of any property on which a deed restriction has been recorded fails or refuses to comply with the conditions of this Ordinance or any rules and regulations adopted in accordance therewith, the City of Ocean City shall be entitled to pursue any and all remedies at law or equity. Additionally, the owner shall be required to pay to the City of Ocean City, as a penalty, an amount of one hundred twenty-five percent (125%) of any monies received by the City as a grant or loan.
§ 25-211.10 Grants and Funding Source.
[Ord. #99-13, § 1; Ord. #02-19]
A minimum of ten thousand ($10,000.00) dollars per unit shall be made available for each accessory apartment created under the provisions of this Ordinance, provided there is compliance with the rules and regulations hereof, or such other rules and regulations adopted by the City of Ocean City to administer the program.
Ocean City shall raise funds for this program through the implementation of a Development Fee Ordinance which shall be adopted simultaneously herewith. Grants and/or loans to implement this program shall only occur if there is sufficient money raised by Ocean City through the implementation of the Development Fee Ordinance.
§ 25-211.11 Plan Administration.
[Ord. #99-13, § 1; Ord. #02-19]
The City of Ocean City shall appoint an individual to administer the accessory apartment program. Applications shall be filed with the Administrator and shall include the following:
a.
A sketch of the floor plan(s) showing the location, size and relationship of both the accessory apartment and the primary dwelling within the building.
b.
Sketch elevation showing modification of any exterior building facade to which changes are proposed along with photographs of the elevations of the subject building.
c.
A site plan development prepared by a licensed engineer and/or land surveyor showing the location of the existing dwelling and other existing buildings; all property lines; any proposed addition along the minimum building setback lines, the location, size and extent of all underground utilities and the length, width and function of all rights-of-way and easements potentially affecting the addition; parking spaces if required; any natural or man-made conditions which may affect construction. All plans and elevations shall be clear and concise and drawn to a scale of not less than one inch (1") equals four feet (4') for the floor plans and elevations, and one inch (1") equals twenty feet (20') for the site development plan.