Sea Isle City City Zoning Code
ARTICLE VI
Commercial Districts
§ 26-52.1 Permitted Uses.
[Ord. No. 1038 § 600.01; Ord. No. 1432 § IV; Ord. No. 1462 (2009) § V]
The following uses are permitted, must occupy at least the first level and be on grade in the C-1 District and no others. More than one (1) permitted use allowed consistent with requirements of the zoning code.
a.
Retail store.
b.
Bicycle or other rental establishment renting items for home use or recreation and handyman equipment. Does not include public storage facilities.
c.
Office.
d.
Bank or financial institution.
e.
Restaurant.
f.
Fully enclosed tavern or restaurant with liquor license.
g.
Personal service establishment.
h.
Theater.
i.
Amusement parlor.
j.
Public building operated by Sea Isle City.
k.
Quasi-public establishment.
l.
Clubhouse.*
m.
Take-out food service.
n.
Park.
o.
Church or house of worship.
p.
Utility use or structure.*
q.
Tourist guest house/bed and breakfast.*
r.
Parking lots.*
s.
Mixed nonresidential use and residential use. Nonresidential use must occupy first level and may occupy more than first level.
* Not permitted on properties fronting Landis Avenue between 37th Street and 44th Street and not permitted on JFK Boulevard (either side) East of Landis Avenue to the Promenade. |
§ 26-52.2 Accessory Uses.
§ 26-52.3 Conditional Uses and Structures.
[Ord. No. 1038 § 600.03; Ord. No. 1179 § III; Ord. No. 1432 § V; Ord. No. 1462 (2009) § VII; Ord. No. 1477 (2010) § XI]
The following uses and structures are permitted if they satisfy the specified conditions:
a.
Nonconforming uses in existence at the time of adoption of this chapter if registered in accordance with subsection 26-86.11.
b.
Satellite television antennas and solar energy systems may be permitted if in compliance with the requirements of Section 26-30.
d.
Public parking garage or private garage for more than five (5) cars, if it will be available to the general public and not restricted to the users or patrons of any specific property. No public parking garage shall have an entrance on the same side of the street and closer than two hundred (200') feet from any school, church, theater, public park or playground, or fire station, except where a public street lies between such garage and the public use.
f.
Laundry, so long as it employs fewer than five (5) persons.
g.
Packing, handling or storage of fish or other seafoods for on-premises retail trade only.
h.
Trash and garbage storage facilities, provided that:
1.
Appropriate facilities for placement of trash and garbage shall be required. Such facilities shall be designed so that they are completely enclosed and contents are not visible; they fit within an overall project design; they are buffered from principal structures, parking facilities and pedestrian and vehicular roadways; they meet the approval of the City Construction Official and the Board of Health. Roofing is not required.
2.
They are located to provide convenient access for trash collection.
3.
They are located no closer than thirty (30') feet from any residential district or front lot line.
§ 26-52.4 Front Yard.
§ 26-52.5 Side Yard.
§ 26-52.6 Rear Yard.
[Ord. No. 1038 § 600.06; Ord. No. 1172 § I; Ord. No. 1432 § VII; Ord. No. 1462 (2009) § X; Ord. No. 1467 (2009) § III]
Permitted uses and structures, accessory structures, patios and terraces shall be no closer to the rear line than five (5') feet, except where the property abuts a residential district in which case the minimum rear yard shall be ten (10') feet.
§ 26-52.7 Mixed Nonresidential and Residential Standards.
[Ord. No. 1038 § 600.07; Ord. No. 1399 § I; Ord. No. 1432 § IX; Ord. No. 1462 (2009) § XI; Ord. No. 1489 (2010) § XIII]
a.
All requirements of this zone apply, and
b.
One (1) residential unit for each one thousand two hundred fifty (1,250) square feet of lot area allowed on the second floor and higher.
c.
An incentive of one (1) additional residential unit when two (2) or more lots are consolidated is granted to a development provided the following criteria are met:
1.
Minimum consolidated lot shall be seven thousand (7,000) square feet.
2.
Tax lot parcels, made up of multiple previously subdivided lots, shall be considered as one (1) lot.
Example, two (2) three thousand five hundred (3,500) square foot lots could be consolidated for a seven thousand (7,000) square foot lot. The standard yield would be seven thousand (7,000) square feet divided by one thousand two hundred fifty (1,250) square feet/unit which would yield five point six (5.6) units rounded down to five (5) units. However with the consolidation, one (1) unit would be provided as a bonus for consolidation or six (6) units on the seven thousand (7,000) square foot property. Two (2) five thousand (5,000) square foot lots could be consolidated totaling ten thousand (10,000) square foot lot divided by one thousand two hundred fifty (1,250) square feet/unit which would yield eight (8) units and one (1) unit bonus for consolidation or a total of nine (9) units. |
d.
First level use shall be nonresidential permitted uses only. Nonresidential uses are permitted above first level in addition to being required on the first level.
§ 26-52.8 Minimum Lot Area; Dimensions.
§ 26-52.9 Building Height.
[Ord. No. 1038 § 600.09; Ord. No. 1125 § 8; Ord. No. 1261 § IX; Ord. No. 1432 § X; Ord. No. 1462 (2009) § XII; Ord. No. 1538 (2013) § 6; Ord. No. 1554 (2013) § 14; amended 10-24-2023 by Ord. No. 1702]
a.
The height of principal buildings or structures in the C-1 District shall not exceed forty (40') feet in a "V" Zone or thirty-ine (39') 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 thirty-three (33') feet in a "V" Zone or thirty-two (32') 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 C-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."
§ 26-52.10 Building Coverage.
[Ord. No. 1038 § 600.10; Ord. No. 1432 § XI; Ord. No. 1462 (2009) § XIII]
The maximum building coverage for all permitted structures on a lot shall be ninety-five (95%) percent.
§ 26-52.11 (Reserved) [1]
[1]
Editor's Note: Former subsection 26-52.11, Floor Area Ratio, previously codified herein and containing portions of Ordinance Nos. 1038, 1432 and 1462 was repealed in its entirety by Ordinance No. 1489 (2010).
§ 26-52.12 Parking.
[Ord. No. 1038 § 600.12; Ord. No. 1432 § XIII; Ord. No. 1462 (2009) § XV; Ord. No. 1467 (2009) § IV; Ord. No. 1532 (2012) § 1]
a.
No off-street parking required for all permitted uses except mixed nonresidential/residential use.
b.
One (1) off-street parking space is required for each residential unit of less than 1500 square feet of gross floor area within the mixed nonresidential/residential use; three (3) off-street parking spaces per each residential unit of 1501 square feet up to 1800 square feet of gross floor area within the mixed nonresidential/residential use; five (5) off-street parking spaces per each residential unit of or over 1801 square feet of gross floor area within the mixed nonresidential/residential use. A variance from meeting the parking requirements may be granted subject to Section 8-5. Alternatively, the off-street parking requirement may be provided in an off-site location within four hundred (400') feet of the property, provided the zone of the off-site location permits the parking use and the off-site parking location is owned by the same owner as the subject property.
§ 26-52.13 Landscaping.
[Ord. No. 1038 § 600.13; Ord. No. 1510 (2011) § 31]
All areas not covered by buildings, driveways, pedestrian walkways or parking areas shall be landscaped in accordance with Section 26-25.
§ 26-52.14 Building and Use Standards.
[Ord. No. 1462 (2009) § XVI; Ord. No. 1489 (2010) § XV; Ord. No. 1557 (2013) § 3]
a.
Minimum interior height of first level shall be ten (10') feet from finished floor to finished ceiling. Nothing herein shall prohibit interior height greater than ten (10') feet.
b.
Principal buildings or structures shall be limited to three (3) stories.
e.
A foyer or a common residential access in the front or nonresidential/residential mixed use structures shall be permitted below base flood consistent with all FEMA flood proofing requirements. This subsection shall control for nonresidential/residential mixed use structures in this zone over subsection 26-18.7.
f.
A minimum sixty (60%) percent of the lot frontage shall be first floor nonresidential use(s) built to the front yard setback line and shall be located along Landis Avenue, Park Road and other primary business streets. Nonresidential use shall be contiguous along the front yard setback line and exclusive of residential access.
§ 26-53.1 Permitted Uses.
[Ord. No. 1038 § 601.02; Ord. No. 1432 § XV; Ord. No. 1462 (2009) § XVII]
The following uses are permitted, must occupy at least the first level and be on grade in the C-2 District and no others. More than one (1) permitted use allowed consistent with requirements of the zoning code.
a.
Retail store.
b.
Professional office.
c.
Bank or financial institution.
d.
Restaurant.
e.
Personal service establishment.
f.
Public building operated by Sea Isle City.
g.
Quasi-public establishment.
h.
Clubhouse.
i.
Park.
j.
Playground.
k.
Minor repair operation.
l.
Church or house of worship.
m.
Laundry with fewer than five (5) employees.
n.
Utility use or structure.
o.
Tourist guest house.
p.
Parking lots.
q.
Mixed nonresidential use and residential use. Nonresidential use must occupy first level and may occupy more than first level.
r.
Funeral parlor.
§ 26-53.2 Accessory Uses.
§ 26-53.3 Conditional Uses and Structures.
[Ord. No. 1038 § 601.03; Ord. No. 1179 § IV; Ord. No. 1432 § XVI; Ord. No. 1477 (2010) § XII]
The following uses and structures are permitted if they satisfy the specified conditions:
a.
Nonconforming uses in existence at the time of enactment of this chapter if registered in accordance with subsection 26-86.11.
b.
Satellite television antennas and solar energy systems may be permitted if in compliance with the requirements of Section 26-30.
d.
Public parking garage or private garage for more than five (5) cars. No public parking garage shall have an entrance on the same side of the street and closer than two hundred (200') feet from any school, church, theater, public park or playground, or fire station, except where a public street lies between such garage and the public use.
f.
Packing, handling or storage of fish or other seafoods for on-premises retail trade only.
g.
Hospitals or nursing homes may be permitted if the applicant can demonstrate to the satisfaction of the Planning Board that there would be no 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.
h.
. Trash and garbage storage facilities, provided that:
1.
Appropriate facilities for placement of trash and garbage shall be required. Such facilities shall be designed so that they are completely enclosed and contents are not visible; they fit within an overall project design; they are buffered from principal structures, parking facilities and pedestrian and vehicular roadways; they meet the approval of the City Construction Official and the Board of Health. Roofing is not required.
2.
They are located to provide convenient access for trash collection.
3.
They are located no closer than thirty (30') feet from any residential district or front lot line.
i.
A tavern as an integral part of a restaurant use, and which comprises no more than twenty (20%) percent of the floor area of a fully enclosed structure.
§ 26-53.4 Front Yard.
§ 26-53.5 Side Yard.
§ 26-53.6 Rear Yard.
[Ord. No. 1038 § 601.06; Ord. No. 1172 § I; Ord. No. 1432 § XIX; Ord. No. 1462 (2009) § XXI; Ord. No. 1467 (2009) § V]
Permitted uses and structures, accessory structures, patios and terraces shall be no closer to the rear line than five (5') feet, except where the property abuts a residential district in which case the minimum rear yard shall be ten (10') feet.
§ 26-53.7 Mixed Nonresidential and Residential Standards.
[Ord. No. 1038 § 601.07; Ord. No. 1432 § XX; Ord. No. 1462 (2009) § XXII; Ord. No. 1489 (2010) § XVI]
a.
All requirements of this zone apply, and
b.
One (1) residential unit for each one thousand two hundred fifty (1,250) square feet of lot area allowed on the second floor and higher.
c.
An incentive of one (1) additional residential unit when two (2) or more lots are consolidated is granted to a development provided the following criteria are met:
1.
Minimum consolidated lot shall be seven thousand (7,000) square feet.
2.
Tax lot parcels, made up of multiple previously subdivided lots, shall be considered as one (1) lot.
Example, two (2) three thousand five hundred (3,500) square foot lots could be consolidated for a seven thousand (7,000) square foot lot. The standard yield would be seven thousand (7,000) square feet divided by one thousand two hundred fifty (1,250) square feet/unit which would yield five point six (5.6) units rounded down to five (5) units. However with the consolidation, one (1) unit would be provided as a bonus for consolidation or six (6) units on the seven thousand (7,000) square foot property. Two (2) five thousand (5,000) square foot lots could be consolidated totaling ten thousand (10,000) square foot lot divided by one thousand two hundred fifty (1,250) square feet/unit which would yield eight (8) units and one (1) unit bonus for consolidation or a total of nine (9) units. |
d.
First level use shall be nonresidential permitted uses only. Nonresidential uses are permitted above first level in addition to being required on the first level.
§ 26-53.8 Minimum Lot Area; Dimensions.
§ 26-53.9 Building Height.
[Ord. No. 1038 § 601.09; Ord. No. 1125 § 10; Ord. No. 1261 § X; Ord. No. 1432 § XXI; Ord. No. 1462 (2009) § XXIII; Ord. No. 1538 (2013) § 7; Ord. No. 1554 (2013) § 15; amended 10-24-2023 by Ord. No. 1702]
a.
The height of principal buildings or structures in the C-2 District shall not exceed forty (40') feet in a "V" Zone or thirty-nine (39') 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 thirty-three (33') feet in a "V" Zone or 32 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 C-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."
§ 26-53.10 Building Coverage.
[Ord. No. 1038 § 601.10; Ord. No. 1432 § XXII; Ord. No. 1462 (2009) § XXIV]
The maximum building coverage for all permitted structures on a lot shall be seventy (70%) percent.
§ 26-53.11 (Reserved) [1]
[1]
Editor's Note: Former subsection 26-53.11, Floor Area Ratio, previously codified herein and containing portions of Ordinance Nos. 1038, 1432 and 1462, was repealed in its entirety by Ordinance No. 1489 (2010).
§ 26-53.12 Parking.
[Ord. No. 1038 § 601.12; Ord. No. 1432 § XXIV; Ord. No. 1462 (2009) § XXVI; Ord. No. 1467 (2009) § VI; Ord. No. 1532 (2012) § 2]
a.
No off-street parking required for all permitted uses except mixed nonresidential/residential use.
b.
One (1) off-street parking space is required for each residential unit of less than 1500 square feet of gross floor area within the mixed nonresidential/residential use; three (3) off-street parking spaces per each residential unit of 1501 square feet up to 1800 square feet of gross floor area within the mixed nonresidential/residential use; five (5) off-street parking spaces per each residential unit of or over 1801 square feet of gross floor area within the mixed nonresidential/residential use. A variance from meeting the parking requirements may be granted subject to Section 8-5. Alternatively, the off-street parking requirement may be provided in an off-site location within four hundred (400') feet of the property, provided the zone of the off-site location permits the parking use and the off-site parking location is owned by the same owner as the subject property.
§ 26-53.13 Landscaping.
[Ord. No. 1038 § 601.13; Ord. No. 1510 (2011) § 33]
All areas not covered by buildings, driveways, pedestrian walkways or parking areas shall be landscaped in accordance with Section 26-25.
§ 26-53.14 Building and Use Standards.
[Ord. No. 1462 (2009) § XXVII; Ord. No. 1489 (2010) § XVIII; Ord. No. 1557 (2013) § 4]
a.
Minimum interior height of first level shall be ten (10') feet from finished floor to finished ceiling. Nothing herein shall prohibit interior height greater than ten (10') feet.
b.
Principal buildings or structures shall be limited to three (3) stories.
e.
A foyer or a common residential access in the front of nonresidential/residential mixed use structures shall be permitted below base flood consistent with all FEMA flood proofing requirements. This subsection shall control for nonresidential/residential mixed use structures in this zone over subsection 26-18.7.
f.
A minimum sixty (60%) percent of the lot frontage shall be first floor nonresidential use(s) build to the front yard setback line and shall be located along Landis Avenue, Park Road and other primary business streets. Nonresidential use shall be contiguous along the front yard setback line and exclusive of residential access.
§ 26-54.1 Permitted Uses.
[Ord. No. 1038 § 602.01; Ord. No. 1432 § XXVI; Ord. No. 1462 (2009) § XXVIII]
The following uses are permitted, must occupy at least the first level and be on grade in the C-3 District and no others. More than one (1) permitted use allowed consistent with requirements of zoning code.
a.
Boat sales, rental and service.
b.
Retail store.
c.
Yacht club.
d.
Marina.
e.
Personal service establishment.
f.
Minor repair shop or operation.
g.
Restaurant.
h.
Fully enclosed restaurant with liquor license.
i.
Building materials storage yard.
j.
Fully enclosed marine storage warehouse.
k.
Ice house or refrigeration plant.
l.
Packing and handling of fish and other sea foods in wholesale quantities.
m.
Laundry.
n.
Uses providing district support of fishing fleet activities.
o.
Public dock.
p.
Utility use or structure.
q.
Parking lots.
r.
Mixed nonresidential use and residential use. Nonresidential use must occupy first level and may occupy more than first level.
§ 26-54.2 Accessory Uses.
[Ord. No. 1038 § 602.02]
The following uses are permitted as accessory uses and no others:
§ 26-54.3 Conditional Uses and Structures.
[Ord. No. 1038 § 602.03; Ord. No. 1179 § V; Ord. No. 1432 § XXVII; Ord. No. 1477 (2010) § XIII]
The following uses and structures are permitted if they satisfy the specified conditions:
a.
Nonconforming uses in existence at the time of enactment of this chapter if registered in accordance with subsection 26-86.11.
b.
Satellite television antennas and solar energy systems may be permitted if in compliance with the requirements of Section 26-30.
e.
A tavern as an integral part of a restaurant use, and which comprises no more than twenty (20%) percent of the floor area of a fully enclosed structure.
§ 26-54.4 Front Yard.
§ 26-54.5 Side Yard.
§ 26-54.6 Rear Yard.
[Ord. No. 1038 § 602.06; Ord. No. 1172 § I; Ord. No. 1432 § XXX; Ord. No. 1462 (2009) § XXXI; Ord. No. 1467 (2009) § VII]
Permitted uses and structures, accessory structures, patios and terraces shall be no closer to the rear line than five (5') feet, except where the property abuts a residential district in which case the minimum rear yard shall be ten (10') feet.
§ 26-54.7 Mixed Nonresidential and Residential Standards.
[Ord. No. 1038 § 602.07; Ord. No. 1432 § XXXI; Ord. No. 1462 (2009) § XXXII; Ord. No. 1489 (2010) § XIX]
a.
All requirements of this zone apply, and
b.
One (1) residential unit for each one thousand two hundred fifty (1,250) square feet of lot area allowed on the second floor and higher.
c.
An incentive of one (1) additional residential unit when two (2) or more lots are consolidated is granted to a development provided the following criteria are met:
1.
Minimum consolidated lot shall be seven thousand (7,000) square feet.
2.
Tax lot parcels, made up of multiple previously subdivided lots, shall be considered as one (1) lot.
Example, two (2) three thousand five hundred (3,500) square foot lots could be consolidated for a seven thousand (7,000) square foot lot. The standard yield would be seven thousand (7,000) square feet divided by one thousand two hundred fifty (1,250) square feet/unit which would yield five point six (5.6) units rounded down to five (5) units. However with the consolidation, one (1) unit would be provided as a bonus for consolidation or six (6) units on the seven thousand (7,000) square foot property. Two (2) five thousand (5,000) square foot lots could be consolidated totaling a ten thousand (10,000) square foot lot divided by one thousand two hundred fifty (1,250) square feet/unit which would yield eight (8) units and one (1) unit bonus for consolidation or a total of nine (9) units. |
d.
First level use shall be nonresidential permitted uses only. Nonresidential uses are permitted above first level in addition to being required on the first level.
§ 26-54.8 Minimum Lot Area; Dimensions.
§ 26-54.9 Building Height.
[Ord. No. 1038 § 602.09; Ord. No. 1125 § 12; Ord. No. 1261 § XI; Ord. No. 1432 § XXXII; Ord. No. 1462 (2009) § XXXIII; Ord. No. 1538 (2013) § 8; Ord. No. 1554 (2013) § 16; amended 10-24-2023 by Ord. No. 1702]
a.
The height of principal buildings or structures in the C-3 District shall not exceed forty (40') feet in a "V" Zone or thirty-nine (39') 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 thirty-three (33') feet in a "V" Zone or thirty-two (32') feet in an "A" Zone above the local damage 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 C-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."
§ 26-54.10 Building Coverage.
[Ord. No. 1038 § 602.10; Ord. No. 1432 § XXXIII; Ord. No. 1462 (2009) § XXXIV]
The maximum building coverage for all permitted structures on a lot shall be ninety-five (95%) percent.
§ 26-54.11 (Reserved) [1]
[1]
Editor's Note: Former subsection 26-54.11, Floor Area Ratio, previously codified herein and containing portions of Ordinance Nos. 1038, 1432 and 1482, was repealed in its entirety by Ordinance No. 1489 (2010).
§ 26-54.12 Parking.
[Ord. No. 1038 § 602.12; Ord. No. 1432 § XXXV; Ord. No. 1462 (2009) § XXXVI; Ord. No. 1467 (2009) § VIII; Ord. No. 1532 (2012) § 3]
a.
No off-street parking required for all permitted uses except mixed nonresidential/residential use.
b.
One (1) off-street parking space is required for each residential unit of less than 1500 square feet of gross floor area within the mixed nonresidential/residential use; three (3) off-street parking spaces per each residential unit of 1501 square feet up to 1800 square feet of gross floor area within the mixed nonresidential/residential use; five (5) off-street parking spaces per each residential unit of or over 1801 square feet of gross floor area within the mixed nonresidential/residential use. A variance from meeting the parking requirements may be granted subject to Section 8-5. Alternatively, the off-street parking requirement may be provided in an off-site location within four hundred (400') feet of the property, provided the zone of the off-site location permits the parking use and the off-site parking location is owned by the same owner as the subject property.
§ 26-54.13 Landscaping.
[Ord. No. 1038 § 602.13; Ord. No. 1510 (2011) § 33]
All areas not covered by buildings, driveways, pedestrian walkways or parking areas shall be landscaped in accordance with Section 26-25.
§ 26-54.14 Building and Use Standards.
[Ord. No. 1462 (2009) § XXXVII; Ord. No. 1489 (2010) § XXI; Ord. No. 1557 (2013) § 5]
a.
Minimum interior height of first level shall be ten (10') feet from finished floor to finished ceiling. Nothing herein shall prohibit interior height greater than ten (10') feet.
b.
Principal buildings or structures shall be limited to three (3) stories.
e.
A foyer or a common residential access in the front of nonresidential/residential mixed use structures shall be permitted below base flood consistent with all FEMA flood proofing requirements. This subsection shall control for nonresidential/residential mixed use structures in this zone over subsection 26-18.7.
f.
A minimum sixty (60%) percent of the lot frontage shall be first floor nonresidential use(s) built to the front yard setback line and shall be located along Landis Avenue, Park Road and other primary business streets. Nonresidential use shall be contiguous along the front yard setback line and exclusive of residential access.
§ 26-55.1 Permitted Uses.
[Ord. No. 1038 § 603.01; Ord. No. 1432 § XXXVII; Ord. No. 1462 (2009) § XXXVIII]
The following uses are permitted, must occupy at least the first level and be on grade in the C-4 District and no others. More than one (1) permitted use allowed consistent with requirements of the zoning code.
a.
Retail Store.
b.
Office.
c.
Take-out food service.
d.
Restaurant.
e.
Fully enclosed restaurant with liquor license.
f.
Fully enclosed tavern.
g.
Theater.
h.
Amusement and rides.
i.
Amusement parlor.
j.
Clubhouse.
k.
Public building.
l.
Quasi-public building.
m.
Beach furniture, bicycle and other similar rental establishment.
n.
Parking lots.
o.
Mixed nonresidential use and residential use. Nonresidential use must occupy first level and may occupy more than first level.
§ 26-55.2 Accessory Uses.
§ 26-55.3 Conditional Uses and Structures.
[Ord. No. 1038 § 603.03; Ord. No. 1477 (2010) §§ XIV, XV]
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 the Beach Business 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.
Public parking garage or private garage for more than five (5) cars. No public parking garage shall have an entrance on the same side of the street and closer than two hundred (200') feet from any school, church, theater, public park or playground, or fire station, except where a public street lies between such garage and the public use.
§ 26-55.4 Front Yard.
§ 26-55.5 Side Yard.
§ 26-55.6 Rear Yard.
[Ord. No. 1038 § 603.06; Ord. No. 1172 § I; Ord. No. 1432 § XL; Ord. No. 1462 (2009) § XLI; Ord. No. 1467 (2009) § IX]
Permitted uses and structures, accessory structures, patios and terraces shall be no closer to the rear line than five (5') feet, except where the property abuts a residential district in which case the minimum rear yard shall be ten (10') feet.
§ 26-55.7 Minimum Lot Area; Dimensions.
§ 26-55.8 Building Height.
[Ord. No. 1038 § 603.08; Ord. No. 1125 § 14; Ord. No. 1261 § XII; Ord. No. 1432 § XLI; Ord. No. 1462 (2009) § XLII; Ord. No. 1538 (2013) § 9; Ord. No. 1554 (2013) § 17; amended 10-24-2023 by Ord. No. 1702]
a.
The height of principal buildings or structures in the C-4 District shall not exceed forty (40') feet in a "V" Zone or thirty-nine (39') 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 thirty-three (33') feet in a "V" Zone or thirty-two (32') 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 C-4 District shall be 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."
§ 26-55.9 Building Coverage.
[Ord. No. 1038 § 603.09; Ord. No. 1432 § XLII; Ord. No. 1462 (2009) § XLIII]
The maximum building coverage for all permitted structures on a lot shall be ninety-five (95%) percent.
§ 26-55.10 (Reserved) [1]
[1]
Editor's Note: Former subsection 26-55.10, Floor Area Ratio, previously codified herein and containing portions of Ordinance Nos. 1038, 1432 and 1462, was repealed in its entirety by Ordinance No. 1489 (2010).
§ 26-55.11 Parking.
[Ord. No. 1038 § 603.11; Ord. 1432 § XLIV; Ord. No. 1462 § XLV; Ord. No. 1467 (2009) § X; Ord. No. 1532 (2012) § 4]
a.
No off-street parking required for all permitted uses except mixed nonresidential/residential use.
b.
One (1) off-street parking space is required for each residential unit of less than 1500 square feet of gross floor area within the mixed nonresidential/residential use; three (3) off-street parking spaces per each residential unit of 1501 square feet up to 1800 square feet of gross floor area within the mixed nonresidential/residential use; five (5) off-street parking spaces per each residential unit of or over 1801 square feet of gross floor area within the mixed nonresidential/residential use. A variance from meeting the parking requirements may be granted subject to Section 8-5. Alternatively, the off-street parking requirement may be provided in an off-site location within four hundred (400') feet of the property, provided the zone of the off-site location permits the parking use and the off-site parking location is owned by the same owner as the subject property.
§ 26-55.12 Landscaping.
[Ord. No. 1038 § 603.12; Ord. No. 1510 (2011) § 24]
All areas not covered by buildings, driveways, pedestrian walkways or parking areas shall be landscaped in accordance with Section 26-25.
§ 26-55.13 Mixed Nonresidential and Residential Standards.
[Ord. No. 1125 § 15; Ord. No. 1432 § XLV; Ord. No. 1462 (2009) § XLVI; Ord. No. 1489 (2010) § XXIII]
a.
All requirements of this zone apply, and
b.
One (1) residential unit for each one thousand two hundred fifty (1,250) square feet of lot area allowed on the second floor and higher.
c.
An incentive of one (1) additional residential unit when two (2) or more lots are consolidated is granted to a development provided the following criteria are met:
1.
Minimum consolidated lot shall be seven thousand (7,000) square feet.
2.
Tax lot parcels, made up of multiple previously subdivided lots, shall be considered as one (1) lot.
Example, two (2) three thousand five hundred (3,500) square foot lots could be consolidated for a seven thousand (7,000) square foot lot. The standard yield would be seven thousand (7,000) square feet divided by one thousand two hundred fifty (1,250) square feet /unit which would yield five point six (5.6) units rounded down to five (5) units. However with the consolidation, one (1) unit would be provided as a bonus for consolidation or six (6) units on the seven thousand (7,000) square foot property. Two (2) five thousand (5,000) square foot lots could be consolidated totaling ten thousand (10,000) square foot lot divided by one thousand two hundred fifty (1,250) square feet/unit which would yield eight (8) units and one (1) unit bonus for consolidation or a total of nine (9) units. |
d.
First level use shall be nonresidential permitted uses only. Nonresidential uses are permitted above first level in addition to being required on the first level.
§ 26-55.14 Building and Use Standards.
[Ord. No. 1462 (2009) § XLVII; Ord. No. 1489 (2010) § XXIV; Ord. No. 1557 (2013) § 6]
a.
Minimum interior height of first level shall be ten (10') feet from finished floor to finished ceiling. Nothing herein shall prohibit interior height greater than ten (10') feet.
b.
Principal buildings or structures shall be limited to three (3) stories.
e.
A foyer or a common residential access in the front of nonresidential/residential mixed use structures shall be permitted below base flood consistent with all FEMA flood proofing requirements. This subsection shall control for nonresidential/residential mixed use structures in this zone over subsection 26-18.7.
§ 26-56.1 Permitted Uses.
[Ord. No. 1038 § 604.01; Ord. No. 1462 (2009) § XLVIII]
The following uses are permitted, must occupy at least the first level and be on grade in the C-5 District and no others. More than one (1) permitted use allowed consistent with requirements of the zoning code.
a.
Retail store.
b.
Bicycle or other rental establishment renting items for home use or recreation and handyman equipment. Does not include public storage facilities.
c.
Office.
d.
Bank or financial institution.
e.
Restaurant.
f.
Fully enclosed tavern or restaurant with liquor license.
g.
Personal service establishment.
h.
Theater.
i.
Amusement parlor.
j.
Public building operated by Sea Isle City.
k.
Quasi-public establishment.
l.
Clubhouse.
m.
Take-out food service.
n.
Park.
o.
Church or house of worship.
p.
Utility use or structure.
q.
Tourist guest house/bed and breakfast.
r.
Parking lots.
s.
Mixed nonresidential use and residential use. Nonresidential use must occupy first level and may occupy more than first level.
t.
Motel or Hotel
§ 26-56.2 Accessory Uses.
§ 26-56.3 Conditional Uses and Structures.
[Ord. No. 1038 § 604.03; Ord. No. 1462 (2009) § XL; Ord. No. 1477 (2010) § XVI]
The following uses and structures are permitted if they satisfy the specified conditions:
a.
Nonconforming uses in existence at the time of adoption of this chapter if registered in accordance with subsection 26-86.11.
b.
Satellite television antennas and solar energy systems may be permitted if in compliance with the requirements of Section 26-30.
d.
Public parking garage or private garage for more than five (5) cars, if it will be available to the general public and not restricted to the users or patrons of any specific property. No public parking garage shall have an entrance on the same side of the street and closer than two hundred (200') feet from any school, church, theater, public park or playground, or fire station, except where a public street lies between such garage and the public use.
f.
Laundry, so long as it employs fewer than five (5) persons.
g.
Trash and garbage storage facilities, provided that:
1.
Appropriate facilities for placement of trash and garbage shall be required. Such facilities shall be designed so that they are completely enclosed and contents are not visible; they fit within an overall project design; they are buffered from principal structures, parking facilities and pedestrian and vehicular roadways; they meet the approval of the City Construction Official and the Board of Health. Roofing is not required.
2.
They are located to provide convenient access for trash collection.
3.
They are located no closer than thirty (30') feet from any residential district or front lot line.
§ 26-56.4 Hotel and Motel Room Standards.
[Ord. No. 1038 § 604.04]
All hotel or motel rooms shall be equipped with private toilet and bath or shower facilities for each individual guest unit and shall contain a minimum floor area of two hundred eighty-five (285) square feet. Cooking facilities in individual rooms shall be prohibited, except in efficiency units where kitchens are provided.
§ 26-56.5 Front Yard.
§ 26-56.6 Side Yard.
§ 26-56.7 Rear Yard.
[Ord. No. 1038 § 604.07; Ord. No. 1172 § I; Ord. No. 1462 (2009) § LII; Ord. No. 1467 (2009) § XI]
Permitted uses and structures, accessory structures, patios and terraces shall be no closer to the rear line than five (5') feet, except where the property abuts a residential district in which case the minimum rear yard shall be ten (10') feet.
§ 26-56.8 Minimum Lot Area; Dimensions.
§ 26-56.9 Building Height.
[Ord. No. 1038 § 604.09; Ord. No. 1125 § 16; Ord. No. 1261 § XIII; Ord. No. 1462 (2009) § LIV; Ord. No. 1538-2013 § 10; Ord. No. 1554 (2013) § 18; amended 10-24-2023 by Ord. No. 1702]
a.
The height of principal buildings or structures in the C-5 District shall not exceed forty (40') feet in a "V" Zone or thirty-nine (39') 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 thirty-three (33') feet in a "V" Zone or thirty-two (32') 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 C-5 District shall be 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."
§ 26-56.10 Building Coverage.
[Ord. No. 1038 § 604.10; Ord. No. 1462 (2009) § LV]
The maximum building coverage for all permitted structures on a lot shall be ninety-five (95%) percent.
§ 26-56.11 (Reserved) [1]
[1]
Editor's Note: Former subsection 26-56.11, Floor Area Ratio, previously codified herein and containing portions of Ordinance Nos. 1038 and 1462, was repealed in its entirety by Ordinance No. 1489 (2010).
§ 26-56.12 Parking.
[Ord. No. 1038 § 604.12; Ord. No. 1462 (2009) § LVII; Ord. No. 1467 (2009) § XII; Ord. No. 1532 (2012) § V]
a.
No off-street parking is required for all permitted uses except mixed nonresidential/residential use, and hotel, motel, tourist guest house, and other permitted rental uses as required by Subsection 26-23.8.
[Amended 9-11-2018 by Ord. No. 1625]
b.
One off-street parking space is required for each residential unit of less than 1,500 square feet of gross floor area within the mixed nonresidential/residential use; three off-street parking spaces per each residential unit of 1,501 square feet up to 1,800 square feet of gross floor area within the mixed nonresidential/residential use; five off-street parking spaces per each residential unit of or over 1,801 square feet of gross floor area within the mixed nonresidential/residential use. A variance from meeting the parking requirements may be granted subject to Section 8-5. Alternatively, the off-street parking requirement may be provided in an off-site location within 400 feet of the property, provided the zone of the off-site location permits the parking use and the off-site parking location is owned by the same owner as the subject property.
§ 26-56.13 Landscaping.
[Ord. No. 1038 § 604.13; Ord. No. 1510 (2011) § 35]
All areas not covered by buildings, driveways, pedestrian walkways or parking areas shall be landscaped in accordance with Section 26-25.
§ 26-56.14 Mixed Nonresidential and Residential Standards.
[Ord. No. 1125 § 17; Ord. No. 1462 (2009) § LVIII; Ord. No. 1489 (2010) § XXVI]
a.
All requirements of this zone apply, and
b.
One (1) residential unit for each one thousand two hundred fifty (1,250) square feet of lot area allowed on the second floor and higher.
c.
An incentive of one (1) additional residential unit when two (2) or more lots are consolidated is granted to a development provided the following criteria are met:
1.
Minimum consolidated lot shall be seven thousand (7,000) square feet.
2.
Tax lot parcels, made up of multiple previously subdivided lots, shall be considered as one (1) lot.
For example, two (2) three thousand five hundred (3,500) square foot lots could be consolidated for a seven thousand (7,000) square foot lot. The standard yield would be seven thousand (7,000) square feet divided by one thousand two hundred fifty (1,250) square foot /unit which would yield five point six (5.6) units rounded down to five (5) units. However with the consolidation, one (1) unit would be provided as a bonus for consolidation or six (6) units on the seven thousand (7,000) square foot property. Two (2) five thousand (5,000) square feet lots could be consolidated totaling a ten thousand (10,000) square foot lot divided by one thousand two hundred fifty (1,250) square foot/unit which would yield eight (8) units and one (1) unit bonus for consolidation or a total of nine (9) units which is an even greater incentive for consolidation. |
d.
First level use shall be nonresidential permitted uses only. Nonresidential uses are permitted above first level in addition to being required on the first level.
§ 26-56.15 Building and Use Standards.
[Ord. No. 1462 (2009) § LIX; Ord. No. 1489 (2010) § XXVII; Ord. No. 1557 (2013) § 7]
a.
Minimum interior height of first level shall be ten (10') feet from finished floor to finished ceiling. Nothing herein shall prohibit interior height greater than ten (10') feet.
b.
Principal buildings or structures shall be limited to three (3) stories.
e.
A foyer or a common residential access in the front of nonresidential/ residential mixed use structures shall be permitted below base flood consistent with all FEMA flood proofing requirements. This subsection shall control for nonresidential/ residential mixed use structures in this zone over subsection 26-18.7.
f.
A minimum sixty (60%) percent of the lot frontage shall be first floor nonresidential use(s) built to the front yard setback line and shall be located along Landis Avenue, Park Road and other primary business streets. Nonresidential use shall be contiguous along the front yard setback line and exclusive of residential access.
§ 26-57.1 Permitted Uses.
§ 26-57.2 Accessory Uses.
§ 26-57.3 Conditional Uses and Structures.
§ 26-57.4 Front Yard.
[Ord. No. 1038 § 605.04; Ord. No. 1172 § I]
A minimum twenty-five (25') foot setback shall be required.
§ 26-57.5 Side Yard.
[Ord. No. 1038 § 605.05; Ord. No. 1172 § I]
a.
A minimum ten (10') foot side yard setback shall be required where abutting residential districts and/or uses.
§ 26-57.6 Rear Yard.
§ 26-57.7 Minimum Lot Area; Dimensions.
§ 26-57.8 Building Height.
[Ord. No. 1038 § 605.08; Ord. No. 1125 § 18; Ord. No. 1261 § XIV; Ord. No. 1538 (2013) § 11; Ord. No. 1554 (2013) § 19; amended 10-24-2023 by Ord. No. 1702]
a.
The height of principal buildings or structures in the C-6 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 C-6 District shall be 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."
§ 26-57.9 Lot Coverage.
[Ord. No. 1038 § 605.09]
The maximum lot coverage for all structures on a lot shall be fifty (50%) percent.
§ 26-57.10 (Reserved) [1]
[1]
Editor's Note: Former subsection 26-57.10, Floor Area Ratio, previously codified herein and containing portions of Ordinance No. 1038, was repealed in its entirety by Ordinance No. 1489 (2010).
§ 26-57.11 Parking.
§ 26-57.12 Landscaping.
[Ord. No. 1038 § 605.12; Ord. No. 1510 (2011) § 36]
All areas not covered by buildings, driveways, pedestrian walkways or parking areas shall be landscaped in accordance with Section 26-25.
§ 26-57.13 Encroachment of Side and Front Yard Setbacks.
[Ord. No. 1125 § 19]
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.