Wildwood City Zoning Code
SECTION 415
150 "R-4" Residence District Regulations.
[R.O. 1997 § 415.150; Ord. No. 1324 App. A § 1003.117, 8-14-2006; Ord. No. 1874 § 1, 6-25-2012; Ord. No. 1880 § 1, 8-13-2012; Ord. No. 1934 § 1, 5-13-2013]
A.
Scope Of Provisions. This Section contains the district regulations of the "R-4" Residence District. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this Section by reference.
B.
Permitted Land Uses And Developments. The following land uses and developments are permitted in this district:
1.
Churches.
2.
Dwellings, single-family (for group homes, please see definition of single-family dwelling).
[Ord. No. 2588, 1-25-2021]
3.
Home-based work.
[Ord. No. 2819, 9-11-2023]
4.
Libraries, public or private not-for-profit.
5.
Parks, parkways and playgrounds, public or private not-for-profit.
6.
Police stations and fire stations.
7.
Schools, public or private kindergarten, elementary, secondary and collegiate.
8.
Water features determined not to be high hazard or located in the main channel of a named watershed located in the City of Wildwood. Notwithstanding the foregoing, permitting of these features shall be governed by the regulations, requirements, and standards of the Chapter 425 Grading Code of the City of Wildwood Municipal Code and be reviewed and acted upon by the Department of Public Works. These water features, herein permitted by right, shall require a Conditional Use Permit (CUP), under the regulations set forth in Section 415.500, Conditional Use Permit Procedure, of this Chapter, if the source of any of its water for developing or maintaining normal pool elevation is determined to be from a ground water source.
C.
Conditional Land Use And Development Permits Issued By The Commission. The following land uses and developments may be permitted under conditions and requirements specified in Section 415.500, Conditional Use Permit Procedure:
1.
Child-care centers, nursery schools and day nurseries.
2.
Private not-for-profit clubs and private not-for-profit recreational land uses and community centers.
3.
Foster homes for handicapped children.
4.
(Reserved)
6.
Group homes for the elderly.
7.
Group living facilities providing a permanent residence for not more than nine (9) individuals all over eighteen (18) years of age and who are ordained or hold a designated religious position with the same religious institution.
8.
Large water features.
9.
Local public utility facilities:
a.
Provided that any installation, other than poles and equipment attached to the poles, shall be:
b.
All plans for screening these facilities shall be submitted to the Department of Planning for review. No building permit or installation permit shall be issued until these plans have been approved by the Department of Planning. Utility lines shall be placed underground except where expressly approved to the contrary by a conditional use permit.
11.
Nursing homes.
12.
Parking lots, when adjacent to land in a "C" Commercial or "M" Industrial District and when parking is used with a commercial or industrial development.
13.
Public utility facilities, other than local public utility facilities.
14.
Residential substance abuse treatment facilities.
15.
Retreats operated by educational or other not-for-profit entities.
16.
Satellite dishes [see provisions of Section 415.380(R)].
17.
Sewage treatment facilities, other than facilities permitted as an accessory use.
18.
Specialized private schools.
D.
Accessory Land Uses And Developments. Subject to compliance with the procedures of this Section, accessory buildings, structures and uses are permitted in conjunction with a permitted land use or development or (unless restricted by applicable condition) a conditional land use or development when such accessory building, structure or use is customarily found in conjunction with the primary use, is a reasonably necessary incident to the primary use, is clearly subordinate to the primary use and serves only to further the successful utilization of the primary use. Accessory uses include the following:
E.
Performance Standards. All uses in the "R-4" Residence District shall operate in conformity with the appropriate performance standards contained in Section 415.250, Zoning Performance Standard Regulations.
F.
Height Limitations For Structures. The maximum height of structures in the "R-4" Residence District shall be as set out below:
[Ord. No. 2417, 12-10-2018]
1.
No building elevation of any dwelling structure or building accessory to a dwelling structure shall exceed three (3) stories or thirty-five (35) feet in height, whichever is less.
2.
All other structures, other than a public utility tower authorized by a conditional use permit or wireless support structure, disguised support structure or substantial modification thereof subject to Chapter 430 of the City Code, shall not exceed sixty (60) feet in height above the average finished ground elevation at the perimeter of such structure; except that the height of structures may be further restricted as provided in Section 415.240, Air Navigation Space Regulations.
G.
Lot Area, Yard And Density Requirements. The minimum lot area and yard requirements for land uses and developments in the "R-4" Residence District as well as the maximum density of nursing home self-care units shall be as set out below:
1.
Minimum Lot Area Requirements.
a.
The following permitted and conditional land uses shall be situated on tracts of land providing not less than the following areas:
[Ord. No. 2213 § 12, 10-10-2016]
USE | MINIMUM AREA | |
|---|---|---|
Child-care center | 30,000 square feet | |
Church | 1/2 acre | |
Dwelling, single-family | 7,500 square feet | |
Fire station | 1/2 acre | |
Group living facilities for religious purposes | 7,500 square feet | |
Library | 1 acre | |
Local public utility facilities | 7,500 square feet | |
Mortuary | Minimum area 3 acres [minimum of 200 feet on a State (MHTD) roadway and adjacent to existing commercial zoning district] | |
Residential substance abuse treatment facilities | 3 acres (except 5 acres for a facility of more than 8 resident patients) | |
Parking lot | 7,500 square feet | |
Police station | 10,000 square feet | |
Schools | ||
Nursery or day nursery | 15,000 square feet | |
Kindergarten (separate) | 1 acre | |
Primary | 5 acres | |
Junior high | 10 acres | |
Senior high | 20 acres | |
b.
Any lot or tract of record on the effective date of this Chapter, which contains less than seven thousand five hundred (7,500) square feet, may be used as a site for one (1) single-family dwelling together with accessory structures and uses.
c.
Foster homes for handicapped children and not-for-profit private clubs and recreational land uses, including community centers, as approved by the Planning Commission via a conditional use permit, may be established on tracts of land less than five (5) acres where the related parking needs, outdoor facilities, size of buildings and maximum membership of the developments and uses are deemed consistent with the intensity of land use in the neighborhood of the uses and developments. However, the minimum tract area for the conditional developments and uses shall not be less than seven thousand five hundred (7,500) square feet.
d.
Specialized private schools shall be located on a tract of land containing one (1) acre for each fifteen (15) pupils, but in no case less than five (5) acres nor more than that required by the school land area requirements as listed in Subsection (G)(1)(a).
e.
All other permitted or conditional land uses in this district shall be situated or conducted on tracts of land at least five (5) acres in area, except as may be clearly indicated otherwise by the context of these regulations.
2.
Minimum Yard Requirements — General.
3.
Specific Yard Regulations And Exceptions.
a.
Notwithstanding any other provision of this Chapter, on corner lots, no structure or plant material exceeding three (3) feet in height above the elevation of the street pavement is allowed within the sight distance triangle.
b.
Boundary walls or fences are allowed within the minimum yard requirements, provided they comply with the following standards:
[Ord. No. 2741, 11-14-2022]
(1)
The boundary wall or fence is six (6) feet or less in height.
(2)
The boundary wall or fence is not located within the sight distance triangle.
(3)
The boundary wall or fence is not located within ten (10) feet of the edge of pavement of any street.
(4)
The boundary wall or fence has an opaque value of sixty percent (60%) or less, if located within the minimum front yard requirements. For purposes of this Subsection, opacity is the solid space as a percentage of the total surface of a fence measured at any ten (10) linear foot area of the fence.
(5)
The boundary wall or fence is constructed of treated or simulated wood (including vinyl covered and synthetic wood composite), vinyl, stone, brick, metal (including steel, aluminum, wrought iron, or metal composite), or any combination or combinations thereof. Chain-link style fences are permitted only if coated with vinyl or similar materials.
(6)
The boundary wall or fence is erected and maintained in conformance with all applicable provisions of Chapter 500, Building Codes of the Code of Ordinances of the City of Wildwood, as amended, including, but not necessarily limited, to any regulations pertaining to the installation of swimming pools.
(7)
Notwithstanding any provisions of this Subsection to the contrary, any fence legally installed prior to the effective date of this Subsection shall be considered, legal and non-conforming subject to the provisions of Section 415.460 of the Code of Ordinances of the City of Wildwood, as amended.
(8)
Nothing contained herein shall prohibit any homeowners’ association or other private entity from enforcing stricter regulations upon the installation or construction of fencing.
c.
Permitted information signs, six (6) feet or less in height, are allowed within the minimum front yard setback.
d.
Permitted directional signs, three (3) feet or less in height, are allowed within the minimum front yard setback.
e.
Light standards for street lighting or at points of ingress and egress, but not including parking lot lighting, are allowed within the minimum front yard setback when approved by the Department of Planning. Light standards for parking lot lighting are allowed no closer than twenty-five (25) feet of any side or rear yard line which adjoins property in the "NU" Non-Urban Residence, "PS" Park and Scenic or any "R" Residence District.
f.
In the event that greater than fifty percent (50%) of the existing dwelling structures on the same side of a street and in both directions from a lot for a distance of five hundred (500) feet or to the nearest intersecting street, whichever distance is less, have a variation in front yard setbacks of no more than ten (10) feet, the required front yard for that lot shall be the average setback of those structures. However, in no case shall any building be located closer than fifteen (15) feet from any roadway right-of-way line, nor shall a setback of greater than fifty (50) feet be required.
g.
If a lot of record existing on the effective date of this Chapter has a width of sixty (60) feet or less, the side yard on each side of any structure erected on such lot may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instances shall such yard be less than five (5) feet in width.
h.
Any non-residential structure, other than a public utility tower authorized by a conditional use permit, which exceeds thirty (30) feet in height shall be set back from all property lines at least one (1) additional foot for every foot of height above thirty (30) feet.
i.
Parking lots for five (5) or more vehicles, loading spaces or internal drives serving said parking lots or loading spaces, except ingress and egress drives, shall be set back a minimum of twenty (20) feet from any roadway right-of-way line and twenty-five (25) feet from any adjoining property in a "PS," "NU" or "R" District. No setback is required from adjoining properties in a "C" or "M" District unless required by the conditions of a conditional use permit. Parking shall be screened from any adjoining property in a "PS," "NU" or "R" District using fences, berms or landscaping.
4.
Maximum Density, Maximum Height And Minimum Yard Requirements For Nursing Homes.
a.
Densities of self-care units shall not exceed twelve and one-half (12.5) units per acre.
b.
No building within a nursing home development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
c.
No building within a nursing home development shall be allowed within a minimum of fifty (50) feet of any property line.
d.
Accessory commercial uses in the form of limited service and retail commercial uses not to exceed five percent (5%) of the total gross floor area of the self-care building or buildings, excluding garages, to be located within one (1) self-care building shall be permitted in conjunction with existing nursing homes with a minimum of one hundred (100) beds and fifty (50) self-care units. There shall be no indication, through signs or other devices on the exterior, that such commercial uses are in existence. Uses authorized may include a financial facility, excluding drive-up and external walk-up facilities, barber and beauty shop, food or drug store, laundry or dry cleaning pickup and a newspaper stand and card shop.
5.
Maximum Density, Maximum Height And Minimum Yard Area For Residential Substance Abuse Treatment Facilities.
a.
Densities shall not exceed eight (8) resident patients and two (2) house parents or support staff per facility for lots less than five (5) acres.
b.
No building within a residential substance abuse treatment facility development shall exceed a height of three (3) stories or forty-five (45) feet above the average ground elevation at the perimeter of the building, whichever is less.
c.
No building within a residential substance abuse treatment facility development shall be allowed within a minimum of fifty (50) feet of any property line.
d.
Residential substance abuse treatment facilities shall maintain a minimum radius of two (2) miles between each facility.
H.
Off-Street Parking And Loading Requirements. Off-street parking and loading requirements and setbacks for parking areas, loading spaces and internal drives are set forth in Section 415.280, Off-Street Parking and Loading Requirements — General.
J.
Outdoor Game Courts. An outdoor game court shall not be authorized by the City without the proper netting, fencing, and/or boarding, as set forth by the manufacturers' specifications for said facility, as a minimum, to control the flight of projectiles from it onto neighboring properties. This netting, fencing, or boarding shall not be placed in the structure setback areas of the lot, nor exceed ten (10) feet in height, unless otherwise prohibited by private subdivision restrictions in place, and be of a color to minimize its visibility (along with being designed to be collapsible or removable, when the court is not in use). This netting, fencing, or boarding requirement shall be indicated on submitted plans to the City and no authorization shall be granted by the Department of Planning, until this component of the court is satisfactorily met and the officers of the applicable homeowners' association have approved it as well. While it is expected this netting, fencing, or boarding will be used in conjunction with landscaping, which is required in Subsection (J)(1) below, in unique or hardship circumstances, landscaping may be used as a substitute to this required netting, fencing, or boarding, but said substitution is at the discretion of the Department of Planning, and must comply with the City's landscape manual for types, quantities, and locations. Additionally, said structure shall comply with the following:
1.
Outdoor game courts shall require landscaping and be in accordance with the requirements of the City's Tree Manual and Sustainable Plantings Guide. The design of this landscaping plan shall be part of the property owner's submittal for authorization and be reviewed at that time. The planting pattern to create a screen must be designed by a landscape architect and submitted to the City for review and action, as part of the overall permitting process.
2.
All plans submitted for the authorization of outdoor game courts shall indicate all in place stormwater improvements and any easements that exist on the lot.
3.
No portion of an outdoor game court area shall be situated in the front yard of a lot, as defined by the application of the corresponding setback(s) required of the zoning district designation in place upon said parcel of ground.
4.
The installation of lighting as part of any outdoor game court shall be prohibited in all "R" Residential District zoned properties located within the City of Wildwood.
5.
As defined herein, any outdoor game court shall be required to receive approval of its location on the subject lot by the City of Wildwood Planning and Zoning Commission. This review shall be conducted upon a plan submitted by the petitioner to the Planning and Zoning Commission, which can alter the outdoor game court's location and/or orientation, based upon site and area characteristics, which would include, but not be limited to, the expected flight of projectiles from the structure, but, in no circumstance, authorize its encroachment into the lot's established setback areas.
K.
No single-family dwelling located on any lot, tract of land, or parcel of ground herein designated under this zoning district classification shall offer or provide a guest room within it for short-term rental purposes that accommodate a transient guest or guests. Nothing herein shall preclude home-based work.
[Ord. No. 2718, 8-8-2022; Ord. No. 2819, 9-11-2023]