[Ord. No. 1013 § 1; Ord. No. 1029 § 1; Ord. No. 1062 § 3; amended 9-6-2023 by Ord. No. 1406]
The purpose of this district is to permit hotels, motels, condotels and multi-family development with access to the Atlantic Ocean and to preserve and promote the enhancement of hotel/motel-type facilities for service to the tourist industry. Within this district, no lot or building shall be used and no building shall be erected or altered for use in whole or in part, unless it complies with the regulations as set forth in this article.
A. Principal Uses.
The following principal uses shall be permitted in the M-1-A, M-1-B and M-1-C Zones.
1. Multi-Family Residential shall be and requires:
a. If rented, minimum one-week rental period without daily maid service.
b. Cannot be advertised for commercial use as motel/hotel room rental to the general public.
c. An annual mercantile license shall be obtained from the municipality.
d. Through mercantile licensing, owner shall remit annual GWTIDA and State, Federal and other applicable taxes.
2. Hotel/Motel shall be and requires:
a. Hotel/motel services are offered to the general public.
b. Only temporary lodging in the form of hotel/motel rooms rented to the general public on a daily or weekly basis but not more than 30 cumulative days in any one calendar year, and shall not be occupied or used as a residence on a permanent or temporary basis.
c. Maintain a full-time staffed on-site office to serve guests and the public and all property operations.
d. Maid service and other room amenities, including linens and towel service, in a quality manner expected from the traveling public is provided.
e. Compliance with State swimming pool regulations.
f. Pay sales tax, use tax and tourism room tax as required by the Tourism Improvement and Development District Act (N.J.S.A. 40:54D-1 et seq.).
g. An annual mercantile license is obtained from the municipality for the operation of same.
h. All utilities including but not limited to water, sewer, electric, gas, telephone, cable or internet service, shall not be separately metered, but shall be commonly metered to the Hotel/Motel structure.
i. Hotel/Motel structures and real property subject to the provisions of Chapter 8B of Title 46 of the New Jersey Revised Statutes, N.J.S.A. 46:8B-1 et seq., ("The Condominium Act") form of ownership, in addition to those requirements set forth above, shall also be subject to the following requirements and restrictions:
(1) Such subjection of real property to the provisions of the Condominium Act shall not change, effect, or alter the status or use of the property and improvements thereon as a Hotel/Motel.
(2) No unit owner, guests, invitees or tenants of unit owner shall occupy or use their unit for more than 30 cumulative days during any one calendar year, and shall not occupy or use a unit as a residence on a permanent or temporary basis.
(3) Each unit rented shall obtain an annual mercantile license from the municipality for the rental of the unit and prior to advertising the unit for rent.
(4) Each unit owner shall pay all sales tax, use tax and tourism room tax as required by the Tourism Improvement and Development District Act N.J.S.A. 40:54D-1 et seq.). Proof of registration with the State of New Jersey for sales tax purposes shall be required prior to the issuance of a mercantile license.
(5) Be designed and managed such that each utility (water, sewer, electric, gas, telephone, and cable or internet) servicing a hotel or motel structure shall commonly meter its service to all units within such structure and shall commonly bill such service to the hotel or motel management entity. Separate metering of such services to individual units within the structure is prohibited.
B. Use Restrictions.
Number of uses per building and number of principal use buildings per development parcel is restricted. The following uses per building and buildings per parcel shall be restricted in the M-1-A, M-1-B and M-1-C Zones:
1. M-1-A Zone.
a. Multi-Family Residential. There shall be one principal use per building and one detached principal use building per development parcel.
b. Hotel/Motel. One principal use per building consistent with definition of hotel/motel use and one detached principal use building per parcel.
2. M-1-B Zone.
a. Multi-Family Residential. There shall be one principal use per detached building and one or more principal use buildings per parcel.
b. Hotel/Motel. One principal use per building per development parcel consistent with definition of hotel/motel use.
c. Single-family and two-family residential as per R-2 zoning district regulations, except as modified herein.
3. M-1-C Zone.
a. Outside the Buffer Zone (Between Cardinal and Primrose), Multi-Family Residential - There shall be one principal use per detached building and one or more detached principal use building per parcel.
b. Outside the Buffer Zone (Between Cardinal and Primrose), Hotel/Motel - One principal use per building per development parcel consistent with definition of hotel/motel use.
c. Outside the Buffer Zone (Between Cardinal and Primrose), Single-Family and Two-Family Residential - There shall be one or more detached principal use buildings per parcel in compliance with R-2 District bulk requirements, except as modified herein.
d. Single-Family Residential within the buffer zone on as per the district regulations of the R-1 Zone, except as modified herein.