Sea Isle City City Zoning Code
ARTICLE V
Residential Districts
§ 26-45.1 Permitted Uses.
§ 26-45.2 Accessory Uses.
[Ord. No. 1038 § 500.02]
The following uses are permitted as accessory uses and no other:
§ 26-45.3 Conditional Uses and Structures.
[Ord. No. 1038 § 500.03; Ord. No. 1477 (2010) § VIII]
The following uses and structures are permitted if they satisfy the specified conditions:
a.
Utility uses or structures may be permitted if the applicant can demonstrate to the satisfaction of the Planning Board the necessity of locating such use or structure in a residential district and the lack of adverse impact on the general comfort, convenience, health of the surrounding uses, and preservation of the general character of the neighborhood in which it is placed.
§ 26-45.4 Front Yards.
[Ord. No. 1038 § 500.04; Ord. No. 1172 § I]
Each lot shall have a minimum fifteen (15') foot setback from the front property line. A corner lot shall be considered to have two (2) front property lines and shall require two (2) front yards. Accessory structures, patios, terraces and decks shall not be permitted within a required front yard setback. For properties fronting the beach in which the longer dimension of the lot is perpendicular to the beach, the front yard shall be between the property line on the beach and the building.
§ 26-45.5 Side Yard.
[Ord. No. 1038 § 500.05; Ord. No. 1172 § I]
Each lot, other than a corner lot, shall have two (2) side yards.
a.
For principal structures the sum of the side yards shall be not less than fifteen (15') feet and the minimum width of any side yard shall be five (5') feet.
b.
Accessory structures shall conform to the same side yard requirements as for principal structures.
c.
Patios, terraces and decks shall not be permitted in a required side yard setback.
§ 26-45.6 Rear Yards.
[Ord. No. 1038, § 500.06; Ord. No. 1172 § I]
Each lot shall have a twenty (20') foot rear yard setback. Accessory structures, patios and terraces shall be no closer to rear lot lines than five (5') feet, except for properties fronting on the beach, where accessory structures, patios and terraces shall be no closer to the rear lot lines than fifteen (15') feet.
§ 26-45.7 Minimum Lot Area; Dimensions.
§ 26-45.8 Building Height.
[Ord. No. 1038 § 500.08; Ord. No. 1125 § 4; Ord. No. 1261 § VII; Ord. No. 1489 (2010) § VII; Ord. No. 1538 (2013) § 3; Ord. No. 1554 (2013) § 11; amended 10-24-2023 by Ord. No. 1702]
a.
The height of a principal building or structure in the R-1 District shall not exceed thirty-two (32') feet in a "V" Zone or thirty-one (31') feet in an "A" Zone above the local design flood elevation as determined in Chapter 14 entitled "Flood Damage Prevention," where there is a pitched roof, or twenty-five (25') feet in a "V" Zone or twenty-four (24') feet in an "A" Zone above the local design flood elevation as determined in Chapter 14 entitled "Flood Damage Prevention" where there is a flat roof.
b.
The maximum height for accessory buildings or structures in the R-1 District shall be fifteen (15') feet above the mean elevation of the top of the curb or the average center line elevation of the street if there is no curb, provided that this height limit complies with all other sections of this Code, including Chapter 14 entitled "Flood Damage Prevention."
§ 26-45.9 Lot Coverage.
[Ord. No. 1038 § 500.09]
The maximum lot coverage for the principal structure or structures, excluding decks, on a lot shall be thirty-five (35%) percent. The maximum lot coverage for all accessory structures excluding attached decks on a lot shall be ten (10%) percent.
§ 26-45.10 Floor Area Ratio.
[Ord. No. 1584 (2016) § 2; Ord. No. 1591 (2016) § 3]
a.
The maximum floor area ratio for any lot, upon which is a single family dwelling or a two family dwelling providing three (3) parking spaces per dwelling unit shall be eight-tenths (.8).
b.
The maximum floor area ratio for any lot, upon which is a single family dwelling or a two family dwelling providing four (4) parking spaces per dwelling unit shall be eight-tenths and five hundredths (.85). Any portion of the fourth parking space designated herein comprised of material consistent with pervious coverage as defined in Section 26-11, which may be in the side yard, shall not count as impervious coverage. This exception for impervious parking areas shall control over the definition of impervious coverage as defined in Section 26-11.
§ 26-45.11 Parking.
[Ord. No. 1038 § 500.11]
Off-street parking shall be required in accordance with section 26-23.
§ 26-45.12 Landscaping.
[Ord. No. 1038 § 500.12]
All areas not covered by buildings, driveways, pedestrian walkways or parking areas shall be landscaped in accordance with Section 26-25.
§ 26-45.13 Encroachment of Side and Front Yard Setbacks.
[Ord. No. 1125 § 5]
A one (1') foot encroachment of stairs is only permitted into the side or front yard setbacks if the main entrance foyer for a unit is at or above flood elevation, providing the one (1') foot freeboard is used as the referenced level.
§ 26-46.1 Permitted Uses.
§ 26-46.2 Accessory Uses.
[Ord. No. 1038 § 501.02]
The following uses are permitted as accessory uses and no others:
§ 26-46.3 Conditional Uses and Structures.
[Ord. No. 1038 § 501.03; Ord. No. 1477 (2010) § IX]
The following uses and structures are permitted if they satisfy the specified conditions:
a.
Utility uses or structures may be permitted if the applicant can demonstrate to the satisfaction of the Planning Board the necessity of locating such use or structure in a residential district and the lack of adverse impact on the general comfort, convenience, health of the surrounding uses, and preservation of the general character of the neighborhood in which it is placed.
b.
Satellite television antennas and solar energy systems may be permitted if in compliance with the requirements of Section 26-30.
d.
Hospitals or nursing homes may be permitted if the applicant can demonstrate to the satisfaction of the Planning Board the lack of adverse impact on the general comfort, convenience, and health of the surrounding uses, and that the use shall preserve the general character of the neighborhood in which it is placed.
§ 26-46.4 Front Yard.
[Ord. No. 1038 § 501.04; Ord. No. 1172 § I); Ord. No. 1580 (2015) § 1]
Each lot shall have a minimum fifteen (15') foot setback from the front property line. A corner lot shall be considered to have two (2) front property lines and shall require two (2) front yards. For properties fronting on the beach in which the longer dimension of the lot is perpendicular to the beach, the front yard shall be between the property line on the beach and the building. Accessory structures, patios, terraces and decks shall not be permitted within a required front yard setback. Attached enclosed shower structures shall be prohibited in the front yard.
§ 26-46.5 Side Yard.
[Ord. No. 1038 § 501.05; Ord. No. 1172 § I]
Each lot, other than a corner lot, shall have two (2) side yards.
a.
For principal structures the sum of the side yards shall not be less than fifteen (15') feet and the minimum width of any side yard shall be five (5') feet.
b.
Accessory structures shall conform to the same side yard requirements as for principal structures.
c.
Patios, terraces and decks shall not be permitted in a required side yard setback.
§ 26-46.6 Rear Yards.
[Ord. No. 1038 § 501.06; Ord. No. 1172 § I; Ord. No. 1580 (2015) § 2]
Each lot shall have a twenty (20') foot rear yard setback. Lots of 95 to 100 feet in depth with existing shower encroachments into rear yards as of September 15, 2015 shall be permitted to continue, rebuild and maintain said shower stall, but not increase it in size. Accessory structures, patios and terraces shall be no closer to rear lot lines than five (5') feet, except for properties fronting on the beach, where accessory structures, patios and terraces shall be no closer to the rear lot lines than fifteen (15') feet.
§ 26-46.7 Minimum Lot Area; Dimensions.
§ 26-46.8 Building Height.
[Ord. No. 1038 § 501.08; Ord. No. 1125 § 6; Ord. No. 1261 § VIII; Ord. No. 1489 (2010) § IX; Ord. No. 1538 (2013) § 4; Ord. No. 1554 (2013) § 12; amended 10-24-2023 by Ord. No. 1702]
a.
The height of a principal building or structure in the R-2 District shall not exceed thirty-two (32') feet in a "V" Zone or thirty-one (31') feet in an "A" Zone above the local design flood elevation as determined in Chapter 14 entitled "Flood Damage Prevention," where there is a pitched roof, or twenty-five (25') feet in a "V" Zone or twenty-four (24') feet in an "A" Zone above the local design flood elevation as determined in Chapter 14 entitled "Flood Damage Prevention," where there is a flat roof.
b.
The maximum height for accessory buildings or structures in the R-2 District shall be fifteen (15') feet above the mean elevation of the top of the curb or the average center line elevation of the street if there is no curb, provided that this height limit complies with all other sections of this Code, including Chapter 14 entitled "Flood Damage Prevention."
§ 26-46.9 Lot Coverage.
[Ord. No. 1038 § 501.09]
The maximum lot coverage for the principal structure or structures excluding decks on a lot shall be thirty-five (35%) percent. The maximum lot coverage for all accessory structures excluding decks on a lot shall be ten (10%) percent.
§ 26-46.10 Floor Area Ratio.
[Ord. No. 1584 (2016) § 3; Ord. No. 1591 (2016) § 4]
a.
The maximum floor area ratio for any lot, upon which is a single family dwelling or a two family dwelling providing three (3) parking spaces per dwelling unit shall be eight-tenths (.8).
b.
The maximum floor area ratio for any lot, upon which is a single family dwelling or a two family dwelling providing four (4) parking spaces per dwelling unit shall be eight-tenths and five hundredths (.85). Any portion of the fourth parking space designated herein comprised of material consistent with pervious coverage as defined in Section 26-11, which may be in the side yard, shall not count as impervious coverage. This exception for impervious parking areas shall control over the definition of impervious coverage as defined in Section 26-11.
§ 26-46.11 Parking.
[Ord. No. 1038 § 501.11]
Off-street parking shall be required in accordance with Section 26-23.
§ 26-46.12 Landscaping.
[Ord. No. 1038 § 501.12]
All areas not covered by buildings, driveways, pedestrian walkways or parking areas shall be landscaped in accordance with Section 26-25.
§ 26-46.13 Encroachment of Side and Front Yard Setbacks.
[Ord. No. 1125 § 7]
A one (1') foot encroachment of stairs is only permitted into the side or front yard setbacks if the entrance foyer is at or above flood elevation, providing the one (1') foot freeboard is used as the referenced level.
§ 26-47.1 Permitted Uses.
§ 26-47.2 Accessory Uses.
[Ord. No. 1239 § I]
The following uses are permitted as accessory uses and no others:
§ 26-47.3 Conditional Uses Structures.
[Ord. No. 1239 § I; Ord. No. 1477 (2010) § X]
The following uses and structures are permitted if they satisfy the specified conditions:
a.
Utility uses or structures may be permitted if the applicant can demonstrate to the satisfaction of the Planning Board the necessity of locating such use or structure in a residential district and the lack of adverse impact on the general comfort, convenience, health of the surrounding uses and preservation of the general character of the neighborhood in which it is placed.
b.
Satellite television antennas and solar energy systems may be permitted if in compliance with the requirements of Section 26-30.
d.
Hospital or nursing homes may be permitted if the applicant can demonstrate to the satisfaction of the Planning Board the lack of adverse impact on the general comfort, convenience, and health of the surrounding uses, and that the use shall preserve the general character of the neighborhood in which it is placed.
§ 26-47.4 Front Yard.
[Ord. No. 1239 § I; Ord. No. 1580 (2015) § 3]
Each lot shall have a minimum fifteen (15') foot setback from the front property line. A corner lot shall be considered to have two (2) front property lines and shall require two (2) front yards. Accessory structures, patios, terraces and decks shall not be permitted within a required front yard setback. Attached enclosed shower structures shall be prohibited in the front yard.
§ 26-47.5 Side Yard.
[Ord. No. 1239 § I]
Each lot, other than a corner lot, shall have two (2) side yards.
a.
For principal structures the sum of the side yards shall not be less than fifteen (15') feet and the minimum width of any side yard shall be five (5') feet.
b.
Accessory structures shall conform to the same side yard requirements as for principal structures.
c.
Patios, terraces and decks shall not be permitted in a required side yard setback.
§ 26-47.6 Rear Yards.
[Ord. No. 1239 § I; Ord. No. 1580 (2015) § 4]
Each lot shall have a fifteen (15') foot rear yard setback. Lots of 95 to 100 feet in depth with existing shower encroachments into rear yards as of September 15, 2015 shall be permitted to continue, rebuild and maintain said shower stall, but not increase it in size. Accessory structures, patios and terraces shall be no closer to rear lot lines than five (5') feet.
§ 26-47.7 Minimum Lot Area; Dimensions.
§ 26-47.8 Building Height.
[Ord. No. 1239 § I; Ord. No. 1489 (2010) § XI; Ord. No. 1538 (2013) § 5; Ord. No. 1554 (2013) § 13; amended 10-24-2023 by Ord. No. 1702]
a.
The height of a principal building or structure in the R-2A District shall not exceed 32 feet in a "V" zone or thirty-one (31') feet in an "A" zone above the local design flood elevation as determined in Chapter 14 entitled "Flood Damage Prevention," where there is a pitched roof, twenty-five (25') feet above the local design flood elevation as determined in Chapter 14 entitled "Flood Damage Prevention," where there is a flat roof.
b.
The maximum height for accessory buildings or structures in the R-2A District shall be fifteen (15') feet above the mean elevation of the top of the curb or the average center line elevation of the street if there is no curb, provided that this height limit complies with all other sections of this Code, including Chapter 14 entitled "Flood Damage Prevention."
§ 26-47.9 Lot Coverage.
[Ord. No. 1239 § I]
The maximum lot coverage for the principal structure or structures excluding decks on a lot shall be thirty-five (35%) percent. The maximum lot coverage for all accessory structures excluding decks on a lot shall be ten (10%) percent.
§ 26-47.10 Floor Area Ratio.
[Ord. No. 1584 (2016) § 4; Ord. No. 1591 (2016) § 4]
a.
The maximum floor area ratio for any lot, upon which is a single family dwelling or a two family dwelling providing three (3) parking spaces per dwelling unit shall be eight-tenths (.8).
b.
The maximum floor area ratio for any lot, upon which is a single family dwelling or a two family dwelling providing four (4) parking spaces per dwelling unit shall be eight-tenths and five hundredths (.85). Any portion of the fourth parking space designated herein comprised of material consistent with pervious coverage as defined in Section 26-11, which may be in the side yard, shall not count as impervious coverage. This exception for impervious parking areas shall control over the definition of impervious coverage as defined in Section 26-11.
§ 26-47.11 Parking.
[Ord. No. 1239 § I]
Off-street parking shall be required in accordance with Section 26-23.
§ 26-47.12 Landscaping.
[Ord. No. 1239 § I]
All areas not covered by buildings, driveways, pedestrian walkways or parking areas shall be landscaped in accordance with Section 26-25.
§ 26-47.13 Encroachment of Side and Front Yard Setbacks.
[Ord. No. 1239 § I]
A one (1') foot encroachment of stairs is only permitted into the side or front yard setbacks if the entrance foyer is at or above flood elevation, providing the one (1') foot freeboard is used as the reference level.
§ 26-48 R-3 AGE-RESTRICTED RESIDENTIAL DISTRICT.
[Added 11-27-2018 by Ord. No. 1627]
§ 26-48.1 Purpose.
a.
The purpose of this section is to establish the standards and requirements for inclusionary development that includes a mix of age-restricted housing servicing both market-rate housing and housing that is affordable to low- and moderate-income households. The affordable housing will assist Sea Isle City in meeting its constitutional and statutory obligations to provide a realistic opportunity for the construction of its fair share of its region's needed low- and moderate-income housing.
b.
The R-3 Age-Restricted Residential District provides opportunities for development of age-restricted housing in compliance with the appropriate administrative code requirements. The R-3 Age-Restricted Residential District allows for a density of four dwelling units per 5,000-square-foot lot, which may be developed as either 100% affordable age-restricted housing, or as mixed-income age-restricted housing with a 20% affordable housing set-aside.
c.
Bulk standards for structures housing more than four units based upon combined lots and a planned development shall be formulated by the Planning Board and referred to the administration for review and as applicable presented to Council for adoption.
§ 26-48.2 Permitted Uses.
a.
The following uses and no others are permitted in the R-3 District:
1.
Inclusionary housing development consisting of market-rate housing and affordable age-restricted housing, as defined by this section and N.J.A.C. 5:80-26.1 et seq., Uniform Housing Affordability Controls (UHAC) and the Sea Isle City Affordable Housing Ordinance (§ 26-43). All housing shall comply with the provisions set forth in this section. Permitted residential dwellings include:
(a)
Market-rate multi-unit dwelling units that are deed-restricted to limit the number of bedrooms to a maximum of two per dwelling unit and to prohibit the conversion of basements, dens, offices, lofts and other nonbedroom spaces and rooms into a new bedroom. The maximum number of market-rate multi-unit dwelling units provided shall not exceed three units per 5,000 square feet of lot area.
(b)
Affordable multi-unit age-restricted rental or sale dwelling units that are provided at a minimum set-aside rate of 20% of the total number of dwelling units constructed in the development, with 13% of the affordable dwelling units to be affordable to very-low-income households, and the remaining housing unit allocation to be consistent with the City's Affordable Housing Ordinance, § 26-43, and are deed-restricted to limit the number of bedrooms to a maximum of two per dwelling unit and to prohibit the conversion of basements, dens, offices, lofts and other nonbedroom spaces and rooms into a new bedroom. The minimum number of affordable multi-unit age-restricted rental or sale dwelling units provided shall be one unit per 5,000 square feet of lot area.
2.
A 100% affordable multi-unit age-restricted rental or sale dwelling unit development, with 13% of the affordable dwelling units to be affordable to very-low-income households and the remaining housing unit allocation to be consistent with the City's Affordable Housing Ordinance, § 26-43, and which are deed-restricted to limit the number of bedrooms to a maximum of two per dwelling unit and to prohibit the conversion of basements, dens, offices, lofts and other nonbedroom spaces and rooms into a new bedroom. The maximum number of affordable multi-unit age-restricted rental dwelling units provided shall be four per 5,000 square feet of lot area.
3.
Church or house of worship, related conference centers and uses, including housing and offices.
4.
Elementary school.
5.
Library.
6.
Park.
7.
Playground.
8.
Civic center.
b.
No building, structure or land shall be used for and no building or structure shall hereafter be erected, structurally enlarged or maintained except for the permitted affordable age-restricted and market-rate housing to be used by the residents of the inclusionary housing development, their guests or other authorized users, except as a permitted use herein.
§ 26-48.3 Accessory Uses.
The following uses are permitted as accessory uses and no others:
a.
Private garage or carport.
§ 26-48.4 Conditional Uses and Structures.
The following uses and structures are permitted if they satisfy the specified conditions:
a.
Utility uses or structures may be permitted if the applicant can demonstrate to the satisfaction of the Planning Board the necessity of locating such use or structure in a residential district and the lack of adverse impact on the general comfort, convenience, health of the surrounding uses and preservation of the general character of the neighborhood in which it is placed.
§ 26-48.5 Front Yard.
Each lot shall have a minimum fifteen-foot setback from the front property line. A corner lot shall be considered to have two front property lines and shall require two front yards. Accessory structures, patios, terraces and decks shall not be permitted within a required front yard setback. Attached enclosed shower structures shall be prohibited in the front yard.
§ 26-48.6 Side Yard.
Each lot, other than a corner lot, shall have two side yards.
§ 26-48.7 Rear Yards.
Each lot shall have a fifteen-foot rear yard setback. Accessory structures, patios and terraces shall be no closer to rear lot lines than five feet.
§ 26-48.8 Minimum Lot Area; Dimensions.
§ 26-48.9 Building Height.
[Amended 10-24-2023 by Ord. No. 1702]
a.
The height of a principal building or structure in the R-3 District shall not exceed thirty-two (32') feet in a "V" zone or thirty-one (31') feet in an "A" zone above the local design flood elevation as determined in Chapter 14 entitled "Flood Damage Prevention" where there is a pitched roof and twenty-four (24') feet above the local design flood elevation as determined in Chapter 14 entitled "Flood Damage Prevention" where there is a flat roof.
b.
The maximum height for accessory buildings or structures in the R-3 District shall be fifteen (15') feet above the mean elevation of the top of the curb or the average center line elevation of the street if there is no curb, provided that this height limit complies with all other sections of this Code, including Chapter 14 entitled "Flood Damage Prevention."
§ 26-48.10 Lot Coverage.
The maximum lot coverage for the principal structure or structures, excluding decks, on a lot shall be 35%. The maximum lot coverage for all accessory structures, excluding decks, on a lot shall be 10%.
§ 26-48.11 Floor Area Ratio.
The maximum floor area ratio for any lot upon which is a multi-unit dwelling shall be 0.8.
§ 26-48.12 Parking.
Off-street parking shall be required in accordance with § 26-23 and the Residential Site Improvement Standards, N.J.A.C. 5:21, as applicable.
§ 26-48.13 Landscaping.
All areas not covered by buildings, driveways, pedestrian walkways or parking areas shall be landscaped in accordance with § 26-25.
§ 26-48.14 Encroachment Into Side and Front Yard Setbacks.
A one-foot encroachment of stairs is only permitted into the side or front yard setbacks if the entrance foyer is at or above the flood elevation, provided that one foot of freeboard is used as the reference level.