Spring Lake City Zoning Code
ARTICLE IV
District Regulations
§ 225-11 Conformance with provisions.
No building shall hereafter be used, altered, converted, enlarged, added to, moved or reduced, wholly or in part, nor shall any land be designed, used or physically altered for any purpose or in any manner except in conformity with this chapter. Where a lot is formed from part of a lot already occupied by a building, such subdivision shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing building and all yards and other open space in connection therewith and so that all resulting lots have adequate dimensions consistent with the requirements of the zoning district in which it is located and so that all lots have frontage on a street.
§ 225-12 R-1, R-2 and R-3 Residential.
[9-18-1995 by Ord. No. 16-1996; 3-15-1999 by Ord. No. 5-99; Amended 2-28-2000 by Ord. No. 5-2000; 7-17-2000 by Ord. No. 23-2000; 8-28-2000 by Ord. No. 27-2000; 10-10-2000 by Ord. No. 31-2000; 12-18-2000 by Ord. No. 37-2000; 10-22-2001 by Ord. No. 27-2001; 10-22-2001 by Ord. No. 28-2001; 10-7-2002 by Ord. No. 26-2002; 8-12-2003 by Ord. No. 15-2003; 8-24-2004 by Ord. No. 28-2004; 9-5-2006 by Ord. No. 17-2006; 11-25-2008 by Ord. No. 2008-010; 11-25-2008 by Ord. No. 2008-012; ; 3-26-2013 by Ord. No. 2013-001; 6-27-2017 by Ord. No. 2017-006; 7-26-2022 by Ord. No. 2022-007; 3-14-2023 by Ord. No. 2023-001]
A.
Principal permitted uses on the land and in buildings.
(1)
One detached dwelling unit per lot.
(2)
Public playground, conservation area, park and/or public purpose use.
(3)
Church.
(4)
Public and private day school or elementary and/or high school grade not operated for profit.
(5)
Community residences and other entities as provided in N.J.S.A. 40:55D-66.1 and N.J.S.A. 40:55D-66.2. Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries, adult family care homes for elderly persons and physically disabled adults and all other entities which may, in the future, be included under the provisions of N.J.S.A. 40:55D-66.1 and N.J.S.A. 40:55D-66.2, are permitted uses in all residential districts within the Borough of Spring Lake. The requirements for said uses shall be the same as for other single-family dwellings within the respective districts.
B.
Accessory uses permitted.
(3)
Tool and storage sheds provided they are located a minimum of 5 feet from any detached garage.
(4)
Greenhouses provided they are located a minimum of 5 feet from any detached garage.
(5)
Gazebos provided they are located a minimum of 5 feet from any detached garage.
(6)
Pool Cabanas, provided that the portion of the pool cabana that shall contain heating, hot water plumbing or sanitary facilities does not exceed 60 square feet and that no portion of the pool cabana be closer than 5 feet to the garage.
(7)
Decks, provided that the deck is attached to the principal building and is not located in any front yard.
D.
Area and yard requirements.
Principal Building (minimum) | Detached Dwellings in the | |||
|---|---|---|---|---|
R-1 District | R-2 District | R-3 District | Churches | |
Lot area | 15,000 square feet | 7,500 square feet* | 11,250 square feet | 15,000 square feet |
Lot frontage | 100 feet | 50 feet* | 75 feet | 100 feet |
Lot width | 100 feet | 50 feet* | 75 feet | 100 feet |
Lot depth | 125 feet | 125 feet | 125 feet | 150 feet |
Side yard | ||||
One | 15% of width | 12% of width | 13.5% of width | 25 feet |
Aggregate of both | 35% of width | 32% of width | 33.5% of width | 50 feet |
Front yard | 25 feet | 25 feet | 25 feet | 35 feet |
Rear yard | 35 feet | 35 feet | 35 feet | 25 feet |
*See Note (7) for corner lot standards. [Added 3-26-2013 by Ord. No. 2013-001] |
Accessory Building (minimum) | Detached Dwellings in the | |||
|---|---|---|---|---|
R-1 District | R-2 District | R-3 District | Churches | |
Distance to side line | 6 feet | 6 feet | 6 feet | 20 feet |
Distance to rear line | 6 feet | 6 feet | 6 feet | 20 feet |
Distance to principal building | 20 feet | 20 feet | 20 feet | 20 feet |
Maximum Impervious Coverage (% of lot area or square feet) | Detached Dwellings in the | |||
|---|---|---|---|---|
R-1 District | R-2 District | R-3 District | Churches | |
Principal Building coverage (1) | 25% | 25% | 25% | 15% |
Front Porch Coverage (4) | 2.5% | 2.5% | 2.5% | |
Swimming pools (1) | 7% | 7% | 7% | — |
Driveways | 1,650 square feet | 1,650 square feet | 1,650 square feet | — |
Walkways | 350 square feet | 200 square feet | 275 square feet | — |
Detached private garages | 600 square feet | 500 square feet | 550 square feet | 600 square feet |
Total cumulative accessory building coverage (excluding detached private garages) (3) | 100 square feet | 100 square feet | 100 square feet | |
Maximum total impervious surface coverage | 40% | 50% | 45% | 35% |
Maximum Building Height | Detached Dwellings in the | |||
|---|---|---|---|---|
R-1 District | R-2 District | R-3 District | Churches | |
Principal building | 2 1/2 stories/35 feet | 2 1/2 stories/ 35 feet | 2 1/2 stories/ 35 feet | |
Detached private garage [Amended 4-10-2012 by Ord. No. 2012-005] | 1 1/2 stories/18 feet | 1 1/2 stories/18 feet | 1 1/2 stories/18 feet | |
All accessory buildings, excluding detached private garage | 1 story/15 feet | 1 story/15 feet | 1 story/15 feet | 1 story/25 feet |
Notes: | [Amended 7-26-2022 by Ord. No. 2022-007; 3-14-2023 by Ord. No. 2023-001] |
|---|---|
(1) | The net habitable square footage of the second floor of the principal structure shall be no greater than 80% of the lst floor footprint up to 25% coverage and no closer to the primacy front property line than 30 feet (on corner lots, the second-floor front yard setback shall be minimum of 25 feet from the secondary front yard); the half story at the third level shall be no greater than 50% of the second story net habitable square footage. |
(2) | (Reserved) |
(3) | Accessory structures include tool and storage sheds, greenhouses, gazebos and pool cabanas. |
(4) | Front porch coverage calculations can not include any enclosed areas for the purpose of calculating the 2.5%. The 2.5% does not count toward building and impervious coverage and only is permitted on lots with 50 feet or less of width. No basement area is permitted under the additional 2.5% of coverage for a front porch. |
(5) | A balcony is permitted on the second floor over the front porch however, no roof is permitted. No balcony shall be permitted higher than the highest habitable floor. No uncovered balcony on the half-story shall be greater than 150 square feet. An uncovered balcony 150 square feet or less shall not be calculated into the 50% habitable floor area. [Added 4-10-2012 by Ord. No. 2012-005] |
(6) | A detached private garage shall be required for all new construction of a principal residential structure in the R-1 and R-3 Districts in accordance with the provisions of § 225-16. [Added 11-21-2011 by Ord. No. 2011-013] |
(7) | No garage shall be higher than 1 ½ stories and 15 feet in height such that the half-story above shall be non-habitable and provide no more than six feet standing room from the top of the floor framing to the roof framing/collar tie at the under side of the roof. Flat roofs shall not be permitted. Basements are allowable in garages for utilities and storage only. [Added 3-26-2013 by Ord. No. 2013-001] |
(8) | For properties located in the AE Flood Zone as shown on the most current FEMA — Flood Insurance Rate Map (FIRM), the Maximum "Building Height" shall be as defined in § 225-7, Definitions. |
(9) | For corner lots, in accordance with the definition provided within § 225-7, in the R-2 Zone District, the minimum lot area shall be 9,750 square feet. The minimum lot frontage shall be 65 feet and the minimum lot width shall be 65 feet. A corner lot with contiguous lot(s) under single ownership that conformed to the zoning requirements prior to the adoption of Ordinance No. 2013-001, March 26, 2013, shall be considered to be an undivided parcel pursuant to § 225-20A(l), except any lots held under single ownership pursuant to an approved subdivision by a Borough land use board, or otherwise held in single ownership, where the distinct identity of the lots has not been destroyed. Furthermore, no portion of the said lot(s) shall be conveyed or divided except through the filing of an approved subdivision in accordance with the requirements adopted on March 26, 2013. |
(10) | The permitted impervious total for any detached garage in any residential zone may be increased up to a total of five percent of the lot area of the lot subject to a maximum permitted area of 750 square feet. |
(11) | The permitted impervious total for any accessory building in any residential zone may be increased up to 1% of the lot area of the lot subject to a maximum permitted area of 150 sq. ft. |
§ 225-13 RC Retail Commercial and GC General Commercial.
A.
Principal permitted uses on the land and in buildings.
(1)
Local retail activities including grocery stores, meat markets, seafood markets, delicatessens, package liquor stores, furniture stores, sporting goods shops, gift shops, hobby shops, book stores, clothing stores, shoe stores, hardware stores, stationery stores, fabric stores, florists and similar retail uses. However, the following types of businesses are expressly prohibited: tattoo businesses; gas stations; pool and billiard halls; amusement halls or arcades; gun shops or gun dealers; all classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in section 3 of P. L. 2021, c. 16 are expressly prohibited, but not the delivery of cannabis items and related supplies by a delivery service; and stores or facilities of any kind that sell paraphernalia that facilitate the use of cannabis.
[Amended 2-12-2001 by Ord. No. 5-2001; 5-7-2001 by Ord. No. 11-2001; 8-21-2018 by Ord. No. 2018-06;5-25-2021 by Ord. No. 2021-004 ]
(2)
Local service activities including barber and beauty shops, tailors, dry-cleaning and laundering operations, appliance repair shops, shoe repair shops, upholsterers and similar service activities. However, the following types of businesses are expressly prohibited: tattoo businesses; gas stations; pool and billiard halls; amusement halls or arcades; gun shops or gun dealers; all classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in section 3 of P. L. 2021, c. 16 are expressly prohibited, but not the delivery of cannabis items and related supplies by a delivery service; and stores or facilities of any kind that sell paraphernalia that facilitate the use of cannabis.
[Amended 2-12-2001 by Ord. No. 5-2001; 5-7-2001 by Ord. No. 11-2001; 8-21-2018 by Ord. No. 2018-06; 5-25-2021 by Ord. No. 2021-004]
(3)
Restaurants.
(4)
Banks.
(5)
Professional offices and business offices, office buildings and office storage facilities, except on a street level of properties, or any part thereof, located on Third Avenue. Professional office use includes law offices, dental care and medical care services and similar service activities. Business office includes real estate sales and/or rentals, financial services other than banks and similar service activities.
[Amended 6-14-2005 by Ord. No. 10-2005; 3-21-2006 by Ord. No. 6-2006]
(6)
Theaters.
(7)
Automobile sales through franchised new car dealers in the GC District only.
(8)
Wholesale distribution centers and warehouses in the GC District only.
B.
Permitted accessory and conditional uses.
[Amended 11-25-2008 by Ord. No. 2008-010]
(1)
Permitted accessory uses.
(a)
Building(s), structures(s) or uses customarily associated with and subordinate and incidental to the principal building, structure or use.
(2)
Permitted conditional uses.
(a)
Wireless telecommunications towers and facilities as conditional principal or accessory uses in the G-C Zone subject to the requirements and limitations of § 225-33, Wireless telecommunications towers and facilities.
(b)
Outdoor cafes as conditional accessory uses in accordance with the provisions of § 225-33.1, Outdoor cafes, of this chapter.
C.
Maximum building height. No building shall exceed 35 feet in height and two and one-half stories except as permitted pursuant to § 225-34A.
[Amended 11-10-2015 by Ord. No. 2015-009.]
D.
Area and yard requirements.
[Amended 10-10-2000 by Ord. No. 31-2000; 12-18-2000 by Ord. No. 37-2000]
Principal Building (minimum) | Uses in RC District | Uses in GC District |
|---|---|---|
Lot area | 2,500 square feet | 7,500 square feet |
Lot frontage | 25 feet | 50 feet |
Lot width | 25 feet | 50 feet |
Lot depth | 100 feet | 150 feet |
Side yard | In order to encourage an end product which provides parking, access and architectural continuity even where development occurs piecemeal and with diverse ownership, buildings may be attached and may be built to the interior side line(s) in order to be attached. Attached buildings may include two walls which must be keyed to each other. Where buildings are built to both side lot lines, the site plan shall be accompanied by appropriate legal material and plans showing properly located loading spaces and trash receptacles with permitted access across adjacent properties. If structures are not attached, the side yard(s) shall be 10 feet for uses in the RC District and 15 feet for use in the GC District. | |
Front yard | 0 feet | 20 feet |
Rear yard | 30 feet | 30 feet |
Accessory Building (minimum) | Uses in RC District | Uses in GC District |
|---|---|---|
Distance to side line | 10 feet | 15 feet |
Distance to rear line | 10 feet | 15 feet |
Distance to other building | 15% | 15% |
Maximum Building Coverage | Uses in RC District | Uses in GC District |
|---|---|---|
Combined building coverage of principal building and accessory building(s) | 70% | 50% |
Maximum impervious coverage | 70% | 50% |
E.
Gross floor area. The minimum gross floor area for a principal building shall be 1,000 square feet for uses in the RC District and 2,000 square feet for uses in the GC District.
F.
Additional requirements:
(1)
Any principal building may contain more than one use, provided that the total building coverage of the combined uses does not exceed the maximum building coverage specified for the district and, further, that each use occupies a minimum gross floor area of 500 feet.
(2)
Designated planters containing flowers or potted plants shall be permitted, provided that said planters do not extend further than 24 inches (including plants) from the existing building front, do not reduce the passable width of the adjacent sidewalk to less than 72 inches and do not come within 24 inches of any doorway, alley or similar passageway. Said planters may vary slightly in size or configuration but shall be no less than 12 inches nor more than 18 inches in height. To achieve the degree of uniformity acceptable to the Borough, planters shall have white or natural color finishes and shall be fabricated of durable low maintenance materials such as fiberglass, redwood, cedar, terra-cotta, or similar clay-based products. Examples of acceptable planters are on file with the Borough Clerk for reference. Planters must be maintained at all times by property owners, and responsibility for the maintenance and security of the planters rests solely with the property owner.
[Amended 8-24-1992 by Ord. No. 14-1992; 6-24-2008 by Ord. No. 2008-007]
(3)
All buildings shall be compatibly designed whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be appropriately finished.
(4)
All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be landscaped with shrubs, ground cover, seeding or similar plantings and maintained in good condition.
(5)
A minimum buffer area of five feet in the RC District and 10 feet in the GC District shall be provided along any common property line with a residential district. No structure, activity, storage of materials or parking of vehicles shall be permitted in the buffer area and all buffer areas shall be planted and maintained with grass or ground cover together with a dense screen of trees, shrubs or other plant materials meeting the following requirements:
(a)
Plant materials used in screen planting shall be at least six feet in height when planted and be of such density that all glare of automobile headlights emitted from the premises are obscured throughout the full course of the year. The plant materials shall be of a species common to the area, be of nursery stock and shall be free of insect and disease.
(b)
Buffer areas shall be permanently maintained and plant material which does not live shall be replaced within one year or one growing season.
(c)
The buffer area shall not be broken unless specifically approved by the Planning Board.
(6)
In the GC District only, each activity shall provide for on-site off-street loading and unloading with adequate ingress and egress from streets and shall provide such area(s) at the side or rear of the building. Each space shall be at least 15 by 30 feet and one space shall be provided for every 4,000 square feet of gross floor area or fraction thereof in each building. Should on-site off-street loading and unloading be impossible due to existing conditions, the method intended to be used shall be specified on a site plan for approval by the Planning Board.
(a)
All on-site off-street loading areas shall be landscaped and screened sufficiently to obscure the view of the parked vehicles and loading platforms from any public street, adjacent residential districts or uses, and the front yards of adjacent commercial uses. Such screening shall be by a fence, wall, planting or combination of the three and shall not be less than four feet in height.
(7)
In the GC District only, at least the first 20 feet adjacent to any street line shall not be used for parking and shall be planted and maintained in lawn area, ground cover or landscaped with evergreen shrubbery and separated from the parking area by poured concrete or Belgian block curbing.
(8)
Uses within the RC District are intended to reinforce pedestrian circulation.
[Added 6-28-2005 by Ord. No. 21-2005]
(9)
The following standards, set forth for the RC District only, are intended to preserve and enhance the character of Spring Lake's downtown and to guide rehabilitation and new construction compatible with the traditional form and scale of the RC District:
[Added 6-28-2005 by Ord. No. 21-2005]
(a)
Applicability. These standards shall apply to any project requiring subdivision approval, site plan approval, zoning or building permit within the RC District.
(b)
Design elements. The physical, visual and spatial characteristics of the RC District shall be established and enforced through consistent use of compatible architectural design elements. Such elements shall relate to the design characteristics of an individual structure or development, resulting in a coherent overall development pattern and streetscape. Structures shall also be considered in terms of the human scale.
(c)
Primary elevations. Expansive blank walls shall not be permitted. Windows shall be required at ground-floor level. Permitted retail and personal service uses shall have large-span display windows, framed by the surrounding wall and shall be a minimum of 40% and a maximum of 75% of the total ground-level facade. In the rehabilitation of buildings, the original windows and doors shall be maintained both in number, size and expression.
(d)
Side and rear elevations. The architectural treatment of the front facade shall be continued around all visibly exposed sides of a building.
(e)
Gateways. Buildings located at the gateways to the RC District may mark the transition into and out of the District in a distinct fashion.
(f)
Building setbacks. Buildings shall define the street and help structure space, forming a continuous wall with uniform setbacks and coherent openings at designated locations. Unstructured spaces with random building setbacks are not permitted. Buildings shall be located towards the public streets.
(g)
Corner buildings. Buildings on corner lots shall be considered more significant structures, since they have at least two front facades.
(h)
Mixed use buildings. In buildings with more than one use, differences between walk-in ground-floor commercial uses and upper-level offices or preexisting nonconforming residential uses shall be reflected by different facade treatments. Storefronts and display windows shall be accentuated through cornice lines.
(i)
Exterior spaces. The layout, materials and details used in the treatment of exterior spaces shall be selected to enhance the immediate surroundings through the use of textured paving, landscaping, lighting, street trees, benches, and trash receptacles.
(j)
Infill construction. Infill development of new buildings in the RC District shall register the height of the existing, adjacent buildings. If taller than the adjacent structure, buildings shall be treated differently through change of color and materials. Buildings which are either significantly lower or significantly taller than the adjacent structures and which do not reflect the existing height are not encouraged.
(k)
Additions. Extensions of an existing building, particularly those with architectural character shall require careful attention. Additions which conflict with the adjacent structures or the existing building shall not be permitted.
(l)
Storefronts. Storefronts are an integral part of the building and shall maintain a consistency with the upper floors, in terms of materials, style and detailing. New storefronts shall be designed to be compatible with the overall characteristics of the facade, to maximize visual interest and maintain a pedestrian scale. In the rehabilitation of older buildings, traditional storefront elements, such as the signs, transoms, kickplates, corner posts, and display windows, shall be maintained wherever possible.
(m)
Entrances. All entrances to a building shall be defined by architectural elements such as pediments, pilasters, columns, overhangs, and others where appropriate. All such elements shall be architecturally compatible with the style, materials, colors and detail of the building as a whole.
(n)
Materials. The following materials and colors are permitted:
[1]
Exterior walls: all exterior walls shall be constructed of durable materials such as brick, stone, precast concrete and properly treated wood.
[2]
Roofs: asphalt or cedar shingles, slate and synthetic slate.
[3]
Door trim: wood, stone, steel, anodized aluminum or fiberglass.
[4]
Window trim: wood, stone, steel, anodized aluminum or fiberglass, or vinyl-clad wood.
[5]
Shutters: wood or wood-grained vinyl.
[6]
Awnings: canvas, acrylic, or vinyl.
[7]
Gutters: galvanized steel, copper, colored anodized aluminum or stainless steel.
(o)
Roofing: The type, shape, pitch, texture and color of a roof shall be considered as an integral part of the design of a building and shall be compatible with the building's style, materials and colors. Pitched roofs are strongly encouraged. Hip or gable roofs are permitted where appropriate to the building type and surrounding uses. No building, when viewed in elevation from a public street or accessway available to the public, shall create the visual appearance of having a flat roof.
(p)
Roof elements. Rooftop elements such as HVAC, mechanical equipment, satellite dishes and other devices shall not be visible from the public right-of-way.
(q)
Parking. Parking lots shall be prohibited in any front yard and shall be accessible via internal gateways where available.
(r)
Parking lots. Parking lots can be landscaped and buffered to prevent direct view of parked vehicles from the public streets and adjacent property. Parking areas shall be surrounded by a year-round visually impervious screen, at a minimum of four feet high. Where the screening abuts a driveway or sidewalk, the height of the screening shall be decreased so as not to interfere with the sight triangle.
(s)
Sidewalks. In the RC District, the brick pavers shall be utilized consisting of solid hard-burned, frost-free, wire cut paver units. Such brick pavers shall be in accordance with Chapter 330 of the Borough Code and of a size and color consistent with adjoining areas.
(t)
Walls and fences. Walls and fences shall be designed to create visual interest, to define a space, and to differentiate the public, semipublic and private space. These features shall be compatible in style, materials and color with the surrounding buildings.
(u)
Landscaping. Landscaping, including trees, shrubs, hedges and ground cover, shall be provided on all areas of the site not occupied by buildings, parking areas, and other improvements. Perennials and annuals are encouraged. A landscape plan shall be prepared indicating the location of the plantings, as well as the number and species. The plan shall also include plant suitability, maintenance programs, and shall be prepared by a certified landscape architect. Landscape areas shall include an irrigation system to assure that the plantings survive.
(v)
Shade trees. Trees shall be provided along each side of the street, public or private, existing or proposed. Street trees shall have a minimum caliper of three to 3 1/2 inches at the time of planting, and a maximum spacing of 30 feet on center. Trees shall be planted, wrapped and staked in accordance with NJAN standards. Tree species selection shall be approved by the Zoning Officer of the Borough.
(w)
Lighting. Lighting shall be in accordance with § 225-19. In parking areas, light standards shall not exceed 16 feet in height. All sidewalks, walkways, plazas and buildings shall be appropriately lit. The style, size, color and type of lighting source shall be compatible with the surrounding architecture.
(x)
Awnings. Extended awnings, colorful canopies are also recommended as a way of defining a building. Fixed or retractable awnings are permitted at ground level, provided that they complement the building's architectural style and do not interfere or conceal the architectural features of the building. An awning shall not extend more than four feet from the building surface or have less than eight feet of vertical clearance to the sidewalk. Canopies are permitted but shall not restrict pedestrian circulation.
(y)
Sidewalk drainage. All pedestrian areas shall be properly graded to properly drain stormwater runoff. No discharge of collected runoff shall be made onto or across any pedestrian accessway.
H.
Display of merchandise.
[Added 6-24-2008 by Ord. No. 2008-007]
(1)
Purpose. The purpose of this subsection is to permit certain displays in front of stores within the RC and GC Zones, to assist the merchants to market their merchandise and goods, facilitate the sale of fresh produce and to enhance the beauty of the Borough of Spring Lake. Retail experts report that businesses that have appropriate merchandise displays outside their businesses experience as much as 50% more business than those that do not. Such displays, done tastefully, add to the sense of vitality and welcoming of a business district. At the same time, it is necessary to maintain the quality of the commercial districts. In addition, many communities have instituted farmers markets in order to encourage the consumption of fresh produce, increase activity in their commercial districts and support an increased sense of community. Existing food retailers can provide some of the benefits of such a market with a display of fresh produce in front of their stores.
(2)
Rules and regulations.
(a)
Merchandise, inventory and goods which are offered for sale within a store may be displayed in front of the exterior storefront within the sidewalk right-of-way and on privately owned property in the GC and RC Zones during the store's operating hours from May 1 through December 31.
(b)
Plants, cut flowers, greens and other such vegetative matter may be used as decorative material in a store's outside display even if such items are not sold in the store.
(c)
Merchandise displayed within the public right-of-way must be within 30 inches (measuring perpendicular from the front building line) of the front property line of the property in which the store is located. The decoratively displayed merchandise shall not occupy more than 1/3 of the storefront width, provided that it shall not exceed eight linear feet, but may be at least two linear feet. The decorative display shall not obstruct the storefront entrance. The top of the item shall not be higher than eight feet above the sidewalk surface.
(d)
Fresh produce displayed by a retail food store within the public right-of-way must be within 42 inches (measuring perpendicular from the front edge) of the front property line of the property in which the store is located. The decoratively displayed merchandise shall not occupy more than 1/2 of the storefront width, provided that it shall not exceed eight linear feet, but may be at least two linear feet. The decorative display shall not obstruct the storefront entrance. The top of the item shall not be higher than five feet above the sidewalk surface.
(e)
A safe, continuous path on the public sidewalk with a minimum of four feet must be maintained for pedestrian traffic to pass in front of the property having an outdoor decorative display.
(f)
The display shall not contain front lighting, backlighting and/or lighting within the display. However, merchandise itself that contains lighting may be displayed. No power lines or extension cords shall be allowed to provide power to the display.
(g)
The above-referred-to merchandise, inventory and goods permitted to be displayed in front of the exterior storefront may be displayed on temporary, removable supports such as benches, shelves, bookshelves, decorative carts and similar kinds of supports. The supports shall be removed at the end of each day of business and shall have no wheels, except for decorative carts. Packing cartons, cardboard boxes, bins, card tables, folding tables or similar display supports are prohibited. Clothing cannot be displayed on racks, but may be displayed on a mannequin. There shall be no more than one mannequin per store. The clothing shall be worn by the mannequin, not merely draped upon it. There shall be no more than one item of merchandise displayed per store that exceeds four feet in length and one foot in width throughout the four-foot length, nor can a store display such a piece of merchandise and a mannequin at the same time.
(h)
No sales may occur outside the store. All sales must be conducted within the store. The goods and merchandise within the decorative display are not to be sold on the sidewalk.
(i)
All displays of merchandise and goods under the provisions of this chapter and all window boxes or other exterior fixtures on a commercial building, shall be kept neat and clean and free from dead plants, trash, litter and other debris.
(j)
No other merchandise, wares, goods, foods, clothing, apparel, etc., may be displayed exterior of any store or building either on private property or in the public right-of-way, except as provided per the above.
(k)
No signs are permitted in association with merchandise on display in accordance with this subsection.
(3)
Annual application for permit required; fee. Any merchant choosing to decoratively display merchandise and goods under the provisions of this section shall obtain a permit annually from the Borough of Spring Lake by submitting, in writing, an application requesting such permit and a sketch identifying the approximate location of items to be displayed. An annual application fee shall be paid upon submission of the application. A first-time application shall be $50. A renewal application for substantially the same arrangement shall be $25 each year thereafter. The application shall be submitted to the Code Enforcement Officer who shall review same and submit a recommendation to the Borough Council. The Borough of Spring Lake may grant the permit in its discretion by resolution under terms and conditions set by the Borough of Spring Lake, including requiring the merchant to obtain reasonable insurance. The Borough of Spring Lake, in its discretion, may revoke any permit granted whenever it deems necessary.
(4)
Suspension of section by Council authorized. The Borough Council, by resolution, may suspend the operation of this section or may prohibit the display of merchandise on certain days and times and for certain events.
(5)
Control and enforcement. The following control and enforcement provisions shall apply to this chapter.
(a)
If the Code Enforcement Officer determines that any decorative display of merchandise and goods is in a state of disrepair, unclean or not in compliance with the operating plan, layout and approved items per the permit, or if the Code Enforcement Officer has determined that the holder of the permit or the owner of the real estate for which the permit is issued is in violation of any other municipal ordinance or regulation or state statute or regulation, the Code Enforcement Officer shall give written notice to the permit holder of the unsatisfactory condition of the facility and/or the violation of the terms of the permit, or the ordinance, statute or regulation of which the holder of the permit or property owner is in violation.
(b)
The permit holder shall thereafter have five days to correct the unsatisfactory condition or permit violation, or ordinance, statute or regulation violation. If the unsatisfactory condition or violation is not so corrected within the five-day period, the Code Enforcement Officer may thereafter suspend the permit, and any decorative display of merchandise and goods must cease operation.
(c)
The Code Enforcement Officer shall also report the violation to the Borough Council who may, at its discretion, revoke the permit, continue the suspension or lift the suspension, pursuant to the provisions of this section.
(d)
The Code Enforcement Officer may, in addition to suspending the permit or as an alternative, file a Municipal Court complaint or a Superior Court complaint against the permit holder, or take any other lawful action to enforce the ordinance, statute or regulation violated.
(e)
The Code Enforcement Officer may file a complaint in Municipal Court or in Superior Court against any individual or entity that places furniture or other items in the right-of-way for the purpose of operating any decorative display of merchandise and goods as provided for in this chapter without obtaining a permit pursuant to this chapter, or take any other lawful action to enforce the ordinance, statute or regulation violated.
§ 225-14 CS-SC Common Services Residence Senior Citizen District.
[Added 3-12-1998 by Ord. No. 4-1998; 10-10-2000 by Ord. No. 31-2000; 12-18-2000 by Ord. No. 37-2000; 2-26-2001 by Ord. No. 8-2001; amended 10-7-2002 by Ord. No. 26-2002; 3-9-2004 by Ord. No. 7-2004; 2-22-2011 by Ord. No. 2011-001; 10-24-2023 by Ord. No. 2023-009]
A.
The purpose of the Common Services Residence Senior Citizen District is to permit construction of luxury common service residences for senior citizens in the Borough.
B.
Principal permitted uses on the land and in buildings.
(1)
A luxury senior citizen common services residence at a maximum gross density of 55 units per acre, provided that the total number of dwelling units shall not exceed 168 units. For purposes of this chapter, a "senior citizen common services residence" means a building with living units whose occupancy is restricted to persons age 55 and older, with communal dining facilities from which daily food service shall be available 365 days per year excluding the designation of those days, under extremely rare circumstances, such as an act of God which is beyond the control of the E&S, that would render the provision of such daily food service impossible, with the means and manner of service to be at the sole discretion of the Essex and Sussex Condominium Association, Inc. ("E&S") and for which the residents will pay a monthly charge as determined by E&S. This term is used and defined for the special purpose of this chapter and shall not be interpreted on the basis of the usage or definition of this term in any other document, including any state or federal statute or regulation except with reference to the Fair Housing Act, 42 U.S.C. §§ 3601 et seq.
C.
Accessory uses permitted.
(1)
For a senior citizen common services residence, permitted accessory uses include, but are limited to, a beauty parlor, a barbershop, bank branch, automatic teller machine, convenience store, newsstand, exercise room, recreational and social facilities and common kitchen for use by residents and jitney service to drop off and pickup, provided that any accessory use shall be restricted to use by residents and shall not be open to the general public. The total interior floor space occupied by such accessory uses shall not exceed 12,380 square feet. The interior floor space occupied by newsstands and convenience stores shall not exceed 1,250 square feet.
D.
Prohibited uses.
(1)
None of the facilities located or to be located on the premises in connection with senior citizen common services use shall be used for the preparation or service of food or beverages to or for anyone except residents of the common services use, or the guest(s) of a resident. Parties, banquets, weddings or wedding receptions or any type of catered event, anywhere on the premises, are specifically prohibited, except where a resident of a living unit is the sponsor in connection with any such event (which such events are hereinafter referred to as "sponsor events"). No more than 18 sponsored events limited to attendance by between 75 and 150 persons will be held annually with no more than two sponsor events held per month.
(2)
No more than one principal use shall be permitted on the premises.
(3)
Guests of residents of the senior citizen common services residence shall not be permitted to occupy the premises for more than 30 days per year, with a maximum of 15 consecutive days and a minimum period of 10 days between stays of 15 consecutive days.
E.
Maximum building height.
(1)
No principal building used as a senior citizen common services residence shall exceed seven levels above grade, or an occupied building height of a maximum of 100 feet above grade, whichever is greater, provided that existing cupolas with flagpoles may extend an additional 32 feet in height above the roof of the seventh level above grade.
(2)
No principal building used as a single-family detached house may exceed 35 feet in height.
(3)
No accessory building may exceed 16 feet in height.
F.
Area and yard requirements for a senior citizen common services residence.
(1)
Minimum lot area: 135,000 square feet (3.009 ± acres).
(2)
Minimum lot frontage: 300 feet.
(3)
Minimum lot width: 300 feet.
(4)
Minimum lot depth: 450 feet.
(5)
Minimum front yard (principal building): 15 feet.
(6)
Minimum rear yard (principal building): 80 feet.
(7)
Minimum side yard (principal building): 10 feet.
(8)
Accessory structure minimum distance to side line: 120 feet.
(9)
Accessory structure minimum distance to rear line: 50 feet.
(10)
Accessory structure minimum distance to principal building: 45 feet.
(11)
Maximum building coverage of principal building: 40%.
(12)
Maximum impervious surface coverage: 80%.
H.
Other zoning standards for senior citizen common services.
(1)
Off-street parking: The development shall provide a minimum of 0.89 off-street, on-site parking spaces per living unit for residents, employees, and visitors. The development may provide up to 70% of the required parking spaces in spaces 8.5 by 17 feet on grass pavers, or other acceptable surface which shall be valet parking spaces. The development may provide for valet parking for up to 84% of the required parking spaces.
(2)
Signs. A sign shall be permitted and designed in accordance with § 225-25 of this chapter, provided that:
(a)
No more than one sign, which shall be a freestanding sign, shall be permitted on the premises; such sign shall indicate the name of the building and shall have a maximum area of 20 square feet; and
(b)
Directional signs with a maximum area of six square feet shall be permitted at the principal vehicular entrance to the site on First Avenue, at the Sussex Avenue parking entrance and exit, and at the delivery entrance loading area on Essex Avenue.
(3)
Open space for senior citizen common services residence. The development shall provide a minimum of 20% of the entire tract for landscaped open space. For the purposes of this section, landscaped open space does not include paved driveways and parking areas.
(4)
Vehicular access to public streets for senior citizen common services residence. The principal vehicular entrance to the property for the senior citizens common services residence shall be from First Avenue. A parking area entry and a parking area exit shall be allowed as curb cuts on Sussex Avenue. A delivery/loading area shall be provided and a curb cut for such loading area shall be allowed on Essex Avenue.
(5)
Unit size for senior citizen common services residence. Each unit shall contain no more than one bedroom, a bathroom, and a living room with limited kitchen facilities, with the exception of six units which may have one additional bedroom.
(6)
Appliances for senior citizen common services residence. No fully equipped kitchen facilities shall be installed or permitted to be installed in any of the living units. The Board of Trustees will have the authority to allow certain kitchen appliances after having received any applicable approvals from local fire, safety and/or health officials. The installation of stove tops and/or stove burners non-microwave ovens and dishwashers is specifically prohibited in any of the living units. No clothes washers or dryers shall be installed or permitted to be installed in any living unit except two-bedroom and penthouse units.
(7)
Health care services for the senior citizen common services residence. The owner or operator shall not provide health care services on the premises. Nothing in this chapter, however, shall be deemed to prohibit residents from contracting for health care services for themselves to be provided on the premises or elsewhere from any third party, which such third party shall not be affiliated with the owner or operator.
I.
Design standards for senior citizen common services residence.
(1)
Lighting. Lighting for the site's driveways, parking areas (nonvalet), loading area, and open space shall conform with the standards of § 225-19 of this chapter, provided that the uniformity ratio (of average to minimum illumination) shall be 4 to 1.
(2)
Visual screening for the senior citizen common services residence.
(a)
Any cooling tower shall be screened on all sides by minimum eight-foot high walls of durable and attractive materials (such as brick or a combination of brick and wood or wood lattice) combined with complementary plant material and on the top with a roof structure designed to maximize visual screening while allowing necessary air ventilation for the equipment.
(b)
Any loading area and any trash recycling area shall be screened by minimum eight-foot high walls of durable and attractive materials (such as brick or a combination of brick and wood or wood lattice) combined with complementary plant material. Further, the entranceway to any loading area and any trash recycling area shall be screened from public sidewalks and public streets by a minimum six-foot high board-on-board wood or solid metal (not chain link) gate where not enclosed by the wall referenced above. The gates to the trash and/or recycling area shall be kept closed at all times, except when access is required for loading or unloading.
(c)
Any parking areas shall be fully screened from public sidewalks and public streets by plantings (including planted berms) or walls of up to five feet in height of a design and construction which is compatible with the other screening within the district, combined with complementary foundation plant material, including street trees. The height of such screening shall be reduced in the vicinity of ingress and egress drives to preserve safe sight lines.
J.
Design standards for detached house.
(1)
The requirements applicable in the R-3 District shall govern for detached houses.
K.
Fair share housing obligation.
(1)
Any senior citizen common services residence use shall provide for low- and moderate-income housing through contribution of $420,000 to the Borough Affordable Housing Trust Fund.
(2)
Any other use shall contribute to the Borough Affordable Housing Trust Fund in accordance with a municipal development fee ordinance to be enacted by the Borough Council.
L.
Structures within this district consisting of 12 or more units shall require an annual inspection by the Zoning Officer or other designated Borough agent to assure that there are no conditions existing which might be deemed to be hazardous to the health, welfare or safety of the residents of the other units, of adjoining properties or other persons within the municipality. The annual inspection fee shall be $16,800 and payable quarterly by the residents' association.
§ 225-14.1 Affordable Housing Overlay Zone.
[Added 12-12-2006 by Ord. No. 20-2006]
A.
Purpose. The purpose of the Affordable Housing Overlay Zone is to provide an opportunity to develop affordable housing to meet present and prospective housing needs, with particular attention to low- and moderate-income housing, in conformance with the requirements of the New Jersey Council on Affordable Housing.
B.
The Affordable Housing Overlay Zone shall be applied to Block 62, Lot 11.01, for the sole purpose of providing affordable housing in accordance with the provisions of this section and the 2005 Housing Plan and Fair Share Plan.
C.
Principal permitted uses.
(1)
Multifamily residential, rental unit in accordance with the Council on Affordable Housing provisions.
E.
Area, yard and building requirements. Requirements for multifamily residential buildings shall be the same as those provided for residential uses within the GC Zone; however, the minimum side yard requirements shall be a combined total of 25 feet, the maximum square foot per dwelling shall be 750 square feet, the maximum number of units shall be four, and the maximum gross floor area for a principal use shall be 3,500 square feet.
(1)
Minimum lot area: 7,500 square feet.
(2)
Minimum lot frontage: 50 feet.
(3)
Minimum lot width: 50 feet.
(4)
Minimum lot depth: 150 feet.
(5)
Minimum side yard: combined total of 25 feet.
(6)
Front yard: 20 feet.
(7)
Minimum rear yard: 30 feet.
(8)
Maximum building coverage: 50%.
(9)
Maximum impervious coverage: 50%.
(10)
Maximum gross floor area: 3,500 square feet.
F.
Parking standards. Multifamily dwellings shall provide two parking stalls per dwelling unit. Under the Residential Site Improvement Standards, Section 5.21-4.14 (c), alternative parking standards shall be accepted if the applicant demonstrates that other standards better reflect local conditions. Factors affecting minimum number of parking spaces include household characteristics, availability of mass transit, urban versus suburban location, and available off-street parking resources.
G.
Consistent with the requirement of N.J.A.C. 5:80-26.3(a), at least half of the units shall be available to low-income households; the balance may be affordable to either low- or moderate-income households.
H.
Fifty percent of the residential units shall be age-restricted, meaning housing designated to meet the needs of, and exclusive for, the residents of an age-restricted segment of the population where the head of the household is a minimum age of either (a) 62 years, or (b) 55 years and meets the provisions of 42 USCS § 3601 et seq., except that due to death a remaining spouse of less than 55 years of age shall be permitted to continue to reside.
I.
All dwelling units shall be affirmatively marketed in accordance with the Council on Affordable Housing regulations. All rental units shall be rented in accordance with the Council on Affordable Housing regulations.
J.
In accordance with N.J.A.C. 5:94-4.21, as of October 1, 2006, the Fair Housing Act requires that the first floor of all multifloor dwellings must be adaptable for use by physically disabled persons in order to be eligible for COAH credit.
§ 225-14.2 MUAHCZ - Mixed Use Affordable Housing Contribution Zone.
[Added 2-23-2016 by Ord. No. 2016-002]
A.
Purpose. The purpose of the Mixed Use Affordable Housing Contribution Zone is to settle potential affordable housing litigation and involves the payment of an affordable housing fee in the amount of $150,000 in lieu of construction of an affordable unit so as to assist the Borough in meeting its constitutional obligation to provide for its fair share of affordable housing.
B.
As used in this section "mixed use building" shall mean a building of a maximum of three stories with the ground floor consisting exclusively of nonresidential uses permitted in the RC, Retail Commercial District pursuant to § 225-13.A., with a second floor with two residential units and third floor with one residential unit. All development in the Mixed Use Affordable Housing Contribution Zone shall be in accordance with the provisions of a developer's agreement between Borough and the applicant.
C.
Principal permitted uses.
One mixed use building.
D.
Accessory uses. All permitted accessory and conditional uses authorized in the RC, Retail Commercial Zone pursuant to § 225-13.B.
E.
Maximum building height: Three stories and 35 feet.
G.
Location of outdoor hearing ventilation and air-conditioning equipment: Outdoor heating, ventilation and air-conditioning equipment shall be located in compliance with § 225-23 except there shall be a minimum setback of six feet from the property line.
H.
Stormwater control: The requirements and standards set forth in § 321 shall apply except that the recharge system may be located under the parking lot subject to the approval of the Planning Board Engineer.
I.
Off-street parking: The requirements and standards set forth in Section 225-21 shall apply except that four parking spaces shall be required in this zoning district.
J.
The provisions of § 225-13.F and § 225-13.H shall apply to development in the Mixed Use Affordable Housing Contribution District.
§ 225-14.3 Mixed-Use Affordable Housing Overlay Zone.
[Added 2-26-2019 by Ord. No. 2019-01]
A.
Within the Mixed-Use Affordable Housing Overlay Zone, mixed use buildings, as further defined in this section, shall be a permitted conditional use subject to the standards set forth in subsection C below.
B.
As used herein a mixed-use building shall be a building with a ground floor story consisting of a non-residential principal use or uses otherwise permitted in the underlying zone and a minimum of one, but no more than two stories, of residential use over the first-floor non-residential use(s).
C.
Mixed-use buildings in the MUAHOZ zone shall meet the following standards:
(1)
A minimum of 20% of the dwelling units in a mixed-use building shall be very-low, low, and /or moderate-income units and no mixed-use building shall have less than one very-low, low, or moderate-income unit.
(2)
On-site/off-street parking shall be provided in conformance with the requirements of the New Jersey Residential Site Improvement Standards for all residential units in the mixed-use building.
(3)
The maximum height of the mixed-use building shall be 35 feet.