A. Purpose. The HD-R Zone District intends to provide for the active and passive recreational use of land by the general public in the Township's Historic District. All uses, including parking and amenities for the use and comfort of residents and visitors to the District should be consistent with, and representative of, the historic character of the area.
B. Permitted uses.
1. Beach and beach related uses
2. Boardwalk and fishing pier
3. Non-Commercial Recreational facilities
4. Parks
5.Ocean Grove Camp Meeting Association (OGCMA) facilities in accordance with permitted, conditional and accessory uses in the district
C. Conditional uses.
1. Light food concessions
2. Parking
D. Accessory uses.
1. Drinking fountains and rest rooms
2. Pavilion, not fully enclosed, for passive recreation use only
3. Benches, street lamps and other street furniture
4. Fences for tennis courts, volleyball courts and tot lots to a maximum height of twelve (12) feet shall be permitted as an accessory use in the area zoned HD-R along the entire length of Fletcher Lake from the southerly extension of the easterly boundary of Ocean Avenue to Pennsylvania Avenue and Blocks 78 and 107 on Inskip Avenue. Privacy slats or other barrier to vision in or on such fences are prohibited.
E. Bulk requirements.
1. Minimum lot depth: Sixty (60) feet
2. Maximum building height: Thirty-five (35) feet
**Webmasters Note: The previous schedule can be viewed at the end of the Land Development Ordinance.
**Webmasters Note: The previous schedule can be viewed at the end of the Land Development Ordinance.
See Schedule B for Bulk Regulations by Zoning District.
A. For Zone Districts R-1, R-2, R-3, R-4, R-5, B-3, and any other non-historic Zone District, the net residential density shall be the lesser of either a.) 10 units per acre, or b.) the result of the following calculation, where G = Maximum Residential Density permitted in the zone, P = proportion of property encumbered by environmental, legal, or man-made constraints:
G./ (1-P) = Net Density
B. Developable dwelling units shall be calculated by multiplying the net density by the number of unencumbered acres on the property in question.
**Webmasters Note: The previous section, 410, has been amended as per Ordinance No. 15-08.
Adult Retirement Communities for adults aged at least fifty-five (55) years or older shall be permitted in the Civic and PUD/R1 District in accordance with the standards governing residential development in the Planned Unit Development Zone District as set forth in Section 405 of this Land Development Ordinance. [NOTE: The previous section has been amended per Ordinance No. 03-035]
Community Shelters. Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries shall be allowed in any residential district permitting single family detached housing, provided that:
A. No more than six (6) persons, excluding resident staff, shall occupy the premises except as permitted herein.
B. The facility is duly licensed pursuant to N.J.S. 30:11 B-1 et seq. for community residences for the developmentally disabled, N.J.S. 30:14-1 et seq. for community shelters for victims of domestic violence, and N.J.S. 30:11 B-1 et seq. for community residences for persons with head injuries.
C. The residential character of the building shall remain unchanged.
D. Community shelters as described herein may exceed the permitted number of persons allowed above. upon issuance of a conditional use permit by the Planning Board provided that the following conditions have been met:
1. No more than fifteen (15) persons, including resident staff, shall occupy the premises.
2. The facility shall be duly licensed.
3. The residential character of the building and lot shall remain unchanged.
4. Adequate off-street parking sufficient for resident staff shall be provided. If staff exceeds 5 persons, buffering of the parking lot shall be provided in accordance with the provisions of this Chapter.
5.No such facility shall be located within 1,500 feet of another such facility.
E. All other applicable regulations of this Ordinance shall apply.
Home occupations and home professional offices shall be permitted as an accessory use to any residence in the Township, unless otherwise specified below and in Zoning Schedules A-1 and A-2. All such uses shall require an approved zoning permit prior to commencement of use and are subject to the following provisions:
A. Home occupations and home professional offices shall only be permitted provided they do not change the character of the principal residence from a home to a business or change in any way whatsoever the character of the surrounding neighborhood from a residential neighborhood to a commercial neighborhood. Specifically, the characteristics of the home occupation cannot differ from that expected in a residential neighborhood in the following areas of concern:
1. The appearance of the premises, including color, materials, construction, or lighting;
2. The risk of physical harm to persons or property due to the nature or volume of any materials stored on site;
3. The creation of noise, vibration, dust, smoke, odor, glare, radiation or electrical interference;
4. The volume and frequency of vehicular or pedestrian traffic.
B. No more than one home occupation or home professional office may be conducted within a single dwelling unit. Said home occupation or home professional office shall not involve more than thirty (30) percent of one (1) floor of the principal dwelling unit, including the floor area of an attached garage.
C. No person other than the occupants of the dwelling may be involved or employed on the premises in the home occupation or home professional office.
D. The home occupation or home professional office must be conducted entirely within the principal residence and cannot involve outdoor storage.
E. The home occupation cannot involve commercial vehicles, other than as permitted in Section 411.04, and/or an occasional cartage vehicle for the delivery of materials related to the home occupation to or from the premises.
F. A zoning permit shall be required prior to initiating a home occupation or home professional office.
G. Family day care homes are permitted home occupations. Child-care centers shall not be considered permitted home occupations. In order to provide for the safety of the children in the family day care homes, the following regulations must be followed:
1. Family day care is permitted only in single family residential dwellings.
2. The provider must be the resident of the premises, and must present the Zoning Officer with documentation of substantial compliance with all Division of Youth and Family Services requirements on an annual basis. The family day care home must be registered pursuant to the "Family Day Care Provider Registration Act," per N.J.S.A. 46:8D-1 et seq.
3. Any side or rear yard which is utilized for recreation activity must be fenced in accordance with this Ordinance. No recreation area may be located in a front yard area. Any associated equipment shall be restricted to the fenced yard.
4. The facility shall comply with all applicable BOCA, State of New Jersey and Township building safety regulations.
H. In the case of a dwelling unit which is part of an apartment complex or a community in which at least some of the property is owned in common by all of the residents, the provisions of this section shall not be deemed to supersede any deed restriction, covenant, agreement, master deed, by-laws, lease, rental agreement or other documents which prohibit a family home occupation within a dwelling unit.
The following regulations shall apply to motor vehicle parking on any lot located in a residential district or used for residential purposes. See Section for applicable regulations in Historic zone districts.:
A. Permitted motor vehicles. Motor vehicles registered as passenger vehicles, livery vehicles and commercial vehicles having a gross weight of 7,000 pounds or less shall be permitted to be parked on such lots, with the following exceptions:
1. Passenger and livery vehicles. One passenger or livery vehicle having a gross weight in excess of 7,000 pounds, but not exceeding 10,000 pounds, may be parked in a garage or a driveway in a side or rear yard, provided that such is substantially screened from view from all adjacent lot lines and the street line. Such screening shall consist of a six (6) foot high solid wooden fence and/or minimum six (6) foot- high evergreen shrubs or trees. Any such screening shall be approved by the Zoning Officer prior to installation to ensure that such will provide necessary screening to satisfy the intent of this provision.
2. One commercial vehicle having a gross weight in excess of 5,000 pounds, but not exceeding 8,000 pounds, may be parked in a wholly enclosed garage. Such vehicle shall be stored in the garage at all times when such is parked on the lot. In no instance shall any person other than the resident of the property on which the commercial vehicle is parked operate such vehicle. Additionally, no materials, tools, equipment or other items used in connection with the business that such commercial vehicle is associated with shall be stored anywhere on the residential property, except in or on the commercial vehicle itself.
B. Permitted motor vehicle dimensions. No motor vehicle shall be parked on such lot with linear dimensions exceeding the following:
1. Twenty (20) feet in length;
2. Eight (8) feet in width, excluding rearview mirrors;
3.Eight (8) feet in height, excluding radio antennas;
C. Prohibited motor vehicles. Trucks, tractors, trailers, semitrailers, tow trucks and buses may not be parked on a lot primarily used for residential purposes, except as provided in §411.06 Parking of Trucks and Buses.
**Webmasters Note: Subsection D. has been deleted and the following subsections re-lettered as per Ordinance No. 11-17.
D. Driveways. No motor vehicle shall be parked in the side or front yards of such lot, except in a driveway located pursuant to the requirements of this Chapter.
E. Corner lots. Nothing herein shall permit the parking or storage of any vehicle on a corner lot property that obstructs, impairs or obscures vision of motor vehicle traffic at an intersection, as determined by the Chief of Police.
Unless otherwise specified in this Ordinance, not more than one principal dwelling or principal building shall be permitted on one lot in any residential zone district.
Parking of Trucks and Buses in Residential Zones. No trucks or buses shall be regularly parked in any residential district, except that one truck or bus of a rated capacity not exceeding 5 tons (10,000 lb.) gross vehicle weight (manufacturer's rating), owned or used by a person resident on the premises, shall be permitted to be regularly garaged on a residential lot which also contains the primary residence of the owner, or on a residential lot which is contiguous to and also owned by the owner of the primary residence. This provision shall not be deemed to limit the number of vehicles used in the operation of a farm, or construction equipment in active use during the time of construction on a lot approved for development.
1. Applicability. This Subsection includes regulations for attached, accessory porches and decks located on properties used for residential purposes outside the historic zone districts.
2. Deck setbacks. For single family residential structures, a deck may extend no more than eight (8) feet into the required front setback area, provided the principal structure conforms to the front yard setback requirement. For single family residential structures, a deck may extend no further than fifteen (15) feet into a required rear yard setback area, provided the principal structure conforms to the rear yard setback requirements. In no instance shall a deck be closer than ten (10) feet to a front, rear or side lot line. No deck for a residential structure may extend into a side setback area. No deck associated with a multifamily residential use may extend into any required setback area.
3. Porch setbacks. For residential structures, a porch may extend no more than eight (8) feet into the required front and/or rear setback area, provided the principal structure conforms to the front yard setback requirement. No porch for a residential structure may extend into a side setback area. No porch associated with any multifamily residential use may extend into any setback area. The front yard setback of a porch shall not be considered the front yard setback of the principal building to which it is attached.
**Webmasters Note: The previous subsections, 2. and 3., have been amended as per Ordinance No. 13-17.
4. Enclosure: A porch shall not be heated or air-conditioned and at least fifty (50) percent of the exterior wall area shall be open and non-glazed.
5. Entry platforms: Any entry platform not more than six (6) feet in height above the average finish grade, nor greater than fifty (50) square feet in area, may project six (6) feet into a required front yard and not more than four (4) feet into any required side yard.
1. Applicability. This Subsection includes regulations for attached, accessory porches and decks located on properties used for residential purposes within the historic zone districts.
2. Deck setbacks. For residential structures a deck may not encroach into any setback/yard areas. No deck associated with a multifamily residential use may extend into any required setback/yard areas.
3. Porch setbacks. For residential structures, a porch may not encroach into any setback/yard areas. No porch associated with any multifamily residential use may extend into any setback/yard areas.
**Webmasters Note: The previous subsections, 1. through 3., have been amended as per Ordinance No. 13-17.
4. Entry platforms:. An entry platform not more than six (6) feet in height above the average finish grade, nor greater than fifty (50) square feet in area, may not project into any required yard/setback area.
5. For lots in the HD-R-1 Zone District, west of Central Avenue, the front building line shall have a minimum front yard setback of ten (10) feet from the street line and the front porch line shall be set back at a minimum distance of four (4) feet from the street line, except as modified by Paragraph 8 hereunder.
6. For lots east of Central Avenue except those fronting Olin and McClintock Streets, the front building line shall have a minimum front yard setback that is created by a line running directly from a point ten (10) feet back from the property line at the corner of Central Avenue to a point two (2) feet back from the property line at the corner of Ocean Avenue, except as modified by Paragraph 8 hereunder.
7. For lots fronting Olin and McClintock Streets, the front building line shall have a minimum front yard setback that is created by a line running directly from a point ten (10) feet back from the property line at the corner of Central Avenue to a point six (6) feet back from the property line at the corner of Ocean Avenue, except as modified by Paragraph 8 hereunder.
8. No building line or front porch line need be set back farther than the average alignment of those front building and front porch lines of existing buildings within 200 feet on each side of the lot and within the same block front and within the same Zone District. This provision does not permit the encroachment of buildings or porches into the flared open space area.
9. For lots east of Central Avenue, except those fronting Olin and McClintock Streets, the lot area and lot depth requirement shall be measured from the curb line rather than the property line. A calculation of building and lot coverage requirements shall be based on the resultant lot area. These provisions shall not affect any of the required yard setbacks.
10.All buildings and porches shall be so located that the roofs, steps or extensions of the same shall not extend upon or overhang any public street, public avenue, public sidewalk, or any other lot unless permission is granted by that lot owner.
11. Original open air balconies where being reconstituted by the renovation are not restricted. New open air balconies may not exceed 150 square feet and shall be setback a minimum of one (1) foot, six inches (1'6") from the applicable front or side yard setback line. In the event the covered porch directly below it has projecting steps or stairs, such steps or stairs shall be excluded from the area footprint in the calculation.
**Webmasters Note: The previous section has been amended as per Ordinance No. 11-35.
