Upper Township City Zoning Code

§ 20-4.5 Resort Districts

"RR" Resort Residential and "RC" Resort Commercial.

[Ord. #009-2007, § 2; amended 5-26-2020 by Ord. No. 005-2020]

Purpose. The purpose of the "RR" and "RC" Resort Districts are to provide for development specifically related to the barrier beach community of Strathmere and Whale Beach. The purpose of the "RR" District is to provide for the continuance of single-family dwellings on Strathmere and Whale Beach. Building coverages, floor area ratios and heights are utilized to ensure the scale of the residential structures maintain the charm of Strathmere and Whale Beach and not result in larger structures. The purpose of the "RC" District is to provide locations on Strathmere where relatively small retail and service establishments may be located. It is intended that any development will take place in accordance with the requirements specified under the FEMA flood hazard regulations in recognition of the precarious environmental situation. Additionally, minimum ground floor elevations are established to ensure protection against flooding and allow for the continued improvement of street networks.

"RR" Resort Residential District.

Permitted Uses. The permitted uses pertaining to the "RR" Resort Residential District is provided on Schedule A, Residential Districts — Permitted Principal, Conditional and Accessory Uses,[1] except as modified or supplemented by this section.

Editor's Note: Said schedule is included as an attachment to this chapter.

Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses in the "RR" District are provided on Schedule C, Area and Yard Requirements for Zone Districts,[2] except as modified or supplemented by the specific standards of the "RR" District under Subsection 20-4.5b in its entirety:

Lot depth. Any existing lot appearing on the Tax Map as of July 1, 1995, which has a depth of 95 feet and a minimum frontage of 40 feet shall be deemed to meet the requirements of this section. (All lots located in Strathmere on the west side of Commonwealth Avenue generally have a depth of 95 feet.)

Rooftop decks are permitted, provided they do not exceed 25% of the total building footprint.

A maximum building coverage of 27% is permitted. Open decks are excluded from the building coverage in the "RR" district or in the "RC" district when developed as single-family detached residential.

A maximum floor area ratio (FAR) of 0.54 is permitted.

In calculating the floor area ratio, decks/porches are excluded from the total floor area.

If a property owner encloses a deck or porch, that area shall become part of the calculated floor area and subject to the maximum FAR.

Foyers, habitable space and storage areas are permitted above the flood protection elevation on the ground floor with two stories above, provided such areas do not exceed more than 30% of the total floor area on the ground level. All area above the flood protection elevation shall be included in the FAR calculation as floor area.

Side yard setbacks.

Side yard setbacks shall be provided in accordance with the following:

Lot Width (feet)	Individual Side Yard (feet)	Aggregate Side Yard Setback (feet)
Less than 50	6	12
50 to less than 70	6	15
70 to less than 90	6	16
90 or greater	6	18

Existing single-family dwellings with less than the required aggregate are grandfathered and may raise and/or expand their footprint, provided that no one setback is less than six feet and all other provisions of Subsection 20-4.5 are met.

All outside showers, HVAC equipment and generators shall be set back from the property line a minimum of six feet.

Editor's Note: Said schedule is included as an attachment to this chapter.

Building Height.

Buildings shall not be more than 35 feet above the flood protection elevation.

Roof structures or cupolas for stairway or elevator access are not permitted above the maximum permitted building height.

No more than 18 inches of exposed rail is permitted on roof decks.

Any building having a roof slope less than 4:1 for more than 25% of the building shall be considered a flat roof, and the prescribed building height limit shall be reduced by four feet.

Building height shall be measured from the flood protection elevation.

Minimum Gross Floor Area. Minimum gross floor area for a single-family detached dwelling shall be 1,000 square feet.

Private residential swimming pools are prohibited in the "RR" District.

Garages shall not be converted to habitable space.

"RC" Resort Commercial District.

Permitted Uses.

The permitted uses pertaining to the "RC" Resort Commercial District are provided on Schedule B, Commercial and Mixed Use Districts Permitted Principal, Conditional and Accessory Uses.[3]

Editor's Note: Said schedule is included as an attachment to this chapter.

Single-family detached residential uses in the "RC" district are a permitted conditional use except in Block 850, with the conditions being the standards under Subsection 20-4.5b. Any variation from these standards require a variance under N.J.A.C. 40:55D-70d from the Board of Adjustment.

Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses in the "RC" District are provided on Schedule C, Area and Yard Requirements for Zone Districts,[4] except as modified or supplemented by this section.

Editor's Note: Said schedule is included as an attachment to this chapter.

Building Height.

Buildings shall not be more than 35 feet above the flood protection elevation.

Roof structures or cupolas for stairway or elevator access are not permitted above the maximum permitted building height.

No more than 18 inches of exposed rail is permitted on roof decks.

Any building having a roof slope less than 4:1 for more than 25% of the building shall be considered a flat roof, and the prescribed building height limit shall be reduced by four feet.

Building height shall be measured from the flood protection elevation.

General Requirements.

One 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 square feet.

No merchandise, products or similar material or objects shall be displayed or stored outside unless appropriately screened and maintained. Any use resulting in the storage of vehicles outside shall have such area entirely enclosed by a fence, wall, plant material or combination thereof in order to provide a visual barrier between the storage areas and any street, residential zoning district or existing residential use. Such outside storage area shall not exceed 30% of the lot area and shall be located in the rear yard only.

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 suitably finished for aesthetic purposes which shall not include unpainted or painted cinder block or concrete block walls.

All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings and maintained in good condition.

Each activity shall provide for off-street loading and unloading with adequate ingress and egress from streets and shall provide for such an area at the side or rear of the building.

There shall be at least one trash or garbage pickup location provided by each building which shall be separated from the parking spaces by either a location within the building or in a pickup location outside the building. The trash and/or garbage shall be stored in a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of three. If located within the building, the doorway may serve both the loading and trash/garbage functions. If a container is used for trash/garbage functions and is located outside the building, it may be located adjacent to or within the general loading area(s), provided the container in no way interferes with or restricts loading and unloading functions.

Private residential swimming pools are prohibited in the "RC" District.

Stormwater Control.

Each property shall provide stormwater control to help alleviate the stormwater runoff in the "RC" and "RR" zones as set forth below.

Stormwater control shall meet Subsection 19-7.7 for all new development or shall provide the following minimum which the Municipal Engineer has calculated to meet the standards:

Provide drywell constructed in accordance with N.J.A.C. 7:8-5.9(a)a.iii.

Drywell shall be at least 100 feet of twenty-four-inch-by-twenty-four-inch clean stone trench with six-inch perforated pipe connected to downspouts that direct the runoff from at least 90% of the roof area.

Prior to placement of stone in the drywell, the excavation shall be inspected by the Municipal Engineer to verity that the soils meet the permeability standards of N.J.A.C. 7:8.

Pervious paving system shall be required for all driveway and sidewalk area and shall be constructed in accordance with Subsection 20-5.17.

[Amended 11-28-2022 by Ord. No. 026-2022]

Ground Floor Elevation.

All new construction and substantial improvement to any structure shall have the ground floor elevated to elevation 7.0 NAVD or higher except if the following conditions are met:

The change in slope from the roadway to ground floor elevation 7.0 NAVD shall be more than two feet; and

If the ceiling height of the ground floor and all doorjamb headers are constructed to allow for future construction of a ground floor at elevation 7.0 NAVD without having to raise the entire structure.

Subsequent to the effective date of this subsection, landscaping stones on all development, as defined herein, shall be regulated as follows:

[Added 11-28-2022 by Ord. No. 026-2022]

Landscaping stone is not permitted in the area between the sidewalk and curb.

Landscaping stones are not permitted in the front yard or side yard.

Landscaping stones located in the rear yard shall be contained by permanent edging and placed over filter fabric. Plastic or other impermeable material is prohibited as a weed barrier.

Landscaping stone size shall be between 1 1/2 inch and three inches in diameter.

Upper Township City Zoning Code

§ 20-4.5 Resort Districts

"RR" Resort Residential and "RC" Resort Commercial.

[Ord. #009-2007, § 2; amended 5-26-2020 by Ord. No. 005-2020]

Purpose. The purpose of the "RR" and "RC" Resort Districts are to provide for development specifically related to the barrier beach community of Strathmere and Whale Beach. The purpose of the "RR" District is to provide for the continuance of single-family dwellings on Strathmere and Whale Beach. Building coverages, floor area ratios and heights are utilized to ensure the scale of the residential structures maintain the charm of Strathmere and Whale Beach and not result in larger structures. The purpose of the "RC" District is to provide locations on Strathmere where relatively small retail and service establishments may be located. It is intended that any development will take place in accordance with the requirements specified under the FEMA flood hazard regulations in recognition of the precarious environmental situation. Additionally, minimum ground floor elevations are established to ensure protection against flooding and allow for the continued improvement of street networks.

"RR" Resort Residential District.

Permitted Uses. The permitted uses pertaining to the "RR" Resort Residential District is provided on Schedule A, Residential Districts — Permitted Principal, Conditional and Accessory Uses,[1] except as modified or supplemented by this section.

Editor's Note: Said schedule is included as an attachment to this chapter.

Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses in the "RR" District are provided on Schedule C, Area and Yard Requirements for Zone Districts,[2] except as modified or supplemented by the specific standards of the "RR" District under Subsection 20-4.5b in its entirety:

Lot depth. Any existing lot appearing on the Tax Map as of July 1, 1995, which has a depth of 95 feet and a minimum frontage of 40 feet shall be deemed to meet the requirements of this section. (All lots located in Strathmere on the west side of Commonwealth Avenue generally have a depth of 95 feet.)

Rooftop decks are permitted, provided they do not exceed 25% of the total building footprint.

A maximum building coverage of 27% is permitted. Open decks are excluded from the building coverage in the "RR" district or in the "RC" district when developed as single-family detached residential.

A maximum floor area ratio (FAR) of 0.54 is permitted.

In calculating the floor area ratio, decks/porches are excluded from the total floor area.

If a property owner encloses a deck or porch, that area shall become part of the calculated floor area and subject to the maximum FAR.

Foyers, habitable space and storage areas are permitted above the flood protection elevation on the ground floor with two stories above, provided such areas do not exceed more than 30% of the total floor area on the ground level. All area above the flood protection elevation shall be included in the FAR calculation as floor area.

Side yard setbacks.

Side yard setbacks shall be provided in accordance with the following:

Lot Width (feet)	Individual Side Yard (feet)	Aggregate Side Yard Setback (feet)
Less than 50	6	12
50 to less than 70	6	15
70 to less than 90	6	16
90 or greater	6	18

Existing single-family dwellings with less than the required aggregate are grandfathered and may raise and/or expand their footprint, provided that no one setback is less than six feet and all other provisions of Subsection 20-4.5 are met.

All outside showers, HVAC equipment and generators shall be set back from the property line a minimum of six feet.

Editor's Note: Said schedule is included as an attachment to this chapter.

Building Height.

Buildings shall not be more than 35 feet above the flood protection elevation.

Roof structures or cupolas for stairway or elevator access are not permitted above the maximum permitted building height.

No more than 18 inches of exposed rail is permitted on roof decks.

Any building having a roof slope less than 4:1 for more than 25% of the building shall be considered a flat roof, and the prescribed building height limit shall be reduced by four feet.

Building height shall be measured from the flood protection elevation.

Minimum Gross Floor Area. Minimum gross floor area for a single-family detached dwelling shall be 1,000 square feet.

Private residential swimming pools are prohibited in the "RR" District.

Garages shall not be converted to habitable space.

"RC" Resort Commercial District.

Permitted Uses.

The permitted uses pertaining to the "RC" Resort Commercial District are provided on Schedule B, Commercial and Mixed Use Districts Permitted Principal, Conditional and Accessory Uses.[3]

Editor's Note: Said schedule is included as an attachment to this chapter.

Single-family detached residential uses in the "RC" district are a permitted conditional use except in Block 850, with the conditions being the standards under Subsection 20-4.5b. Any variation from these standards require a variance under N.J.A.C. 40:55D-70d from the Board of Adjustment.

Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses in the "RC" District are provided on Schedule C, Area and Yard Requirements for Zone Districts,[4] except as modified or supplemented by this section.

Editor's Note: Said schedule is included as an attachment to this chapter.

Building Height.

Buildings shall not be more than 35 feet above the flood protection elevation.

Roof structures or cupolas for stairway or elevator access are not permitted above the maximum permitted building height.

No more than 18 inches of exposed rail is permitted on roof decks.

Any building having a roof slope less than 4:1 for more than 25% of the building shall be considered a flat roof, and the prescribed building height limit shall be reduced by four feet.

Building height shall be measured from the flood protection elevation.

General Requirements.

One 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 square feet.

No merchandise, products or similar material or objects shall be displayed or stored outside unless appropriately screened and maintained. Any use resulting in the storage of vehicles outside shall have such area entirely enclosed by a fence, wall, plant material or combination thereof in order to provide a visual barrier between the storage areas and any street, residential zoning district or existing residential use. Such outside storage area shall not exceed 30% of the lot area and shall be located in the rear yard only.

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 suitably finished for aesthetic purposes which shall not include unpainted or painted cinder block or concrete block walls.

All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings and maintained in good condition.

Each activity shall provide for off-street loading and unloading with adequate ingress and egress from streets and shall provide for such an area at the side or rear of the building.

There shall be at least one trash or garbage pickup location provided by each building which shall be separated from the parking spaces by either a location within the building or in a pickup location outside the building. The trash and/or garbage shall be stored in a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of three. If located within the building, the doorway may serve both the loading and trash/garbage functions. If a container is used for trash/garbage functions and is located outside the building, it may be located adjacent to or within the general loading area(s), provided the container in no way interferes with or restricts loading and unloading functions.

Private residential swimming pools are prohibited in the "RC" District.

Stormwater Control.

Each property shall provide stormwater control to help alleviate the stormwater runoff in the "RC" and "RR" zones as set forth below.

Stormwater control shall meet Subsection 19-7.7 for all new development or shall provide the following minimum which the Municipal Engineer has calculated to meet the standards:

Provide drywell constructed in accordance with N.J.A.C. 7:8-5.9(a)a.iii.

Drywell shall be at least 100 feet of twenty-four-inch-by-twenty-four-inch clean stone trench with six-inch perforated pipe connected to downspouts that direct the runoff from at least 90% of the roof area.

Prior to placement of stone in the drywell, the excavation shall be inspected by the Municipal Engineer to verity that the soils meet the permeability standards of N.J.A.C. 7:8.

Pervious paving system shall be required for all driveway and sidewalk area and shall be constructed in accordance with Subsection 20-5.17.

[Amended 11-28-2022 by Ord. No. 026-2022]

Ground Floor Elevation.

All new construction and substantial improvement to any structure shall have the ground floor elevated to elevation 7.0 NAVD or higher except if the following conditions are met:

The change in slope from the roadway to ground floor elevation 7.0 NAVD shall be more than two feet; and

If the ceiling height of the ground floor and all doorjamb headers are constructed to allow for future construction of a ground floor at elevation 7.0 NAVD without having to raise the entire structure.

Subsequent to the effective date of this subsection, landscaping stones on all development, as defined herein, shall be regulated as follows:

[Added 11-28-2022 by Ord. No. 026-2022]

Landscaping stone is not permitted in the area between the sidewalk and curb.

Landscaping stones are not permitted in the front yard or side yard.

Landscaping stones located in the rear yard shall be contained by permanent edging and placed over filter fabric. Plastic or other impermeable material is prohibited as a weed barrier.

Landscaping stone size shall be between 1 1/2 inch and three inches in diameter.