A. Any development located between the northerly and southerly legs of Seaview Circle opposite Spray Lane shall provide a roadway connection between said northerly and southerly legs.
B. Multifamily residential development shall conform to the bulk requirements set forth in the R-5 Zone District.
C. Multifamily Development shall be permitted on lots within a maximum of five hundred (500) feet of NJ Route 35.
A. The building envelope on a lot as defined by the minimum yard requirements for the location of a principal building, or, in the case of uses other than single-family residential, the location of an off-street parking lot, or a loading area, shall enclose a contiguous improvable area, as defined herein, which is not less than the minimum improvable area required by Schedule B-1 and B-2, "Zoning District Bulk Regulations."
B. The contiguous improvable area shall be of such dimensions that it shall be able to contain within it the shape of a circle whose minimum diameter is not less than as prescribed by Schedule B, "Zoning District Bulk Regulations," for the diameter of the minimum improvable area.
C. Any existing detached single-family dwelling which is a conforming use but which is on a lot made nonconforming by the provisions of this subsection, may be enlarged or expanded within its improvable area provided that such expansion conforms to all other zone district regulations.
A. The total number of off-street parking spaces and loading spaces required for all uses or combination of uses shall be provided as specified in this Section. Any building or site containing more than one use shall meet the combined parking space and loading requirements for all uses, based on the area utilized for each separate use. The parking space schedule and loading space schedule in this Section represents general parking and loading requirements acceptable to the Township. Since a specific use may generate parking usage and/or loading/unloading activities that deviates from the requirements enumerated in this Section, documentation and testimony shall be presented to the Board as to the anticipated parking usage and loading activities. The parking requirements for any use not specifically indicated shall be determined by the Board based on evidence presented at the time of the application and based on requirements for similar type uses. Based upon the above, the Board may take action as follows:
1. Grant a variance from parking requirements to permit a lesser number of spaces, provided, however, that spaces shall be shared by two or more separate uses with non-conflicting parking usage schedules;
2. Grant a variance from parking space requirements contingent upon the applicant obtaining a specified number of reserved off-street parking spaces from another source, including, but not exclusively, the Township of Neptune;
3.Require construction of a greater number of spaces.
B. Parking space dimensions. Standard parking spaces shall measure nine (9) feet wide by eighteen (18) feet long. Handicapped parking spaces shall measure twelve (12) feet wide by eighteen (18) feet long.
C. Multi-level parking structure.
1. Building coverage and floor area ratio. That portion of a multi-level parking structure specifically designed to accommodate parking and driveway areas shall not be included in determining the maximum permitted building coverage and/or maximum floor area ratio (F.A.R.) on a particular tract.
2. Standards. Where allowed as an accessory structure for a permitted principal use in the C-1, LI, PUD and C Zones, a multi-level parking structure shall conform to the following requirements:
(a) The structure shall not exceed six (6) levels and fifty-five (65) feet. In no instance shall a multi-level parking structure exceed the height of the principal structure.
(b) The required setbacks for multi-level parking structures shall be the same as those set forth for principal permitted structures. No multi-level parking structure may be located closer to a residential property line than a distance equal to the height of the structure.
(c) A security office and/or attendant area not to exceed five-hundred (500) square feet in area may be located within the multi-level parking structure.
(d) The architectural design for the facades of parking structures shall incorporate features such as articulated parapet walls, ornamental projections, varied planter widths and similar items to add visual interest and improve the overall appearance of the structure as viewed from the street.
(e)Adequate lighting shall be provided at all levels of a multi-level parking structure to ensure motorist and pedestrian safety and security. Bollard-style light fixtures are encouraged at the uppermost level of the structure to mitigate off-site light spillage. The maximum mounting height of a light fixture as measure from the uppermost level of the structure shall be twelve (12) feet.
D. Number of parking spaces. In all zone districts, except for uses in designated historic zone districts, there shall be provided, at the time that any building or structure is erected, enlarged, increased in capacity or has a change of use, parking spaces in accordance with the requirements in Table 4.2.
E. Design standards. Standards for the design of parking lot areas are located at §514.
F. For uses not specifically described herein, parking requirements shall be determined by the approving authority during a public hearing. These requirements are considered minimum standards, and parking may be provided in excess of these requirements, but in no case shall the provided parking for non-residential uses exceed these minimum requirements by more than twenty (20%) percent. This restriction shall not apply to single-family dwelling units.
G. All permitted and required accessory off street parking spaces shall be located on the same lot as the use to which the spaces are accessory, or upon an adjacent lot in common ownership.
Parking is prohibited in all districts within front yard setback for all properties fronting along State Highway 35 and West Lake Avenue.
**Webmasters Note: The previous section has been amended as per Ordinance No. 14-27.
Places of worship shall be permitted as specified in Article IV in accordance with the following supplementary regulations:
A. Setbacks.
1.Bulk requirements. Places of worship shall conform to the following bulk requirements:
(a) Minimum lot area: 12,500 square feet
(b) Maximum height: 35' and 2.5 stories
(e) Min. rear yard: 20'
(f) Any building shall be set back from any residential property line at least one-and-one-half (1-1/2) times the height of the main roof line, or the applicable zone district requirement, whichever is greater.
2. Parking lots shall be properly screened and shall meet the following requirements:
(a) No parking lot shall be permitted in a front yard; however, this shall not exclude drop off and pick up lanes.
(b) Parking lots shall be setback from any side property line twenty (20) feet and any rear yard line ten (10) feet.
B. Residential use. A detached accessory single-family dwelling shall comply with the yard requirements for such uses in the respective zone. A single accessory apartment within the principal structure may be provided.
C. Child-care facility.
1. An accessory child-care facility that meets the definition of same as provided herein shall be permitted.
2. Adequate and safe provisions shall be made for on-site drop-off and pick-up areas.
(a) 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.
(b) 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.
In the B-1 Zone District, the side yard setback requirement may be reduced to 0' along any portion of a side lot line where a building on an adjacent lot is built at a 0' setback to the same side lot line. Either the required 10' minimum side setback requirement or the reduction to 0' shall be permitted. The remaining side yard shall meet the combined side yard setback requirement for the B-1 Zone District as set forth in Schedule B-1.
A. Temporary trailers - Definition. A wheel-based non-commercial structure that is used for the transportation or storage of goods or materials, as a construction office, for temporary short-term habitation in case of calamity, or other occupancy subject to the provisions of this Ordinance. A box container which has been temporarily or permanently removed from a chassis or truck bed shall be considered a "trailer."
Nothing in this section shall be construed to prohibit trailers hauling, loading or unloading merchandise in the course of their customary function. No trailer shall be used except as specified hereunder.
B. Natural calamity. Trailers used for temporary residency by any occupant of a dwelling that is being reconstructed due to damage from a fire, flood, or other natural calamity shall be subject to the following provisions:
1. The trailer is placed only on the same lot which contains the dwelling that is being reconstructed.
2. An approved zoning permit shall be obtained from the Director of Code Enforcement prior to the placement of such temporary trailer on the site. The Director of Code Enforcement, under the advisement of the Construction Code Official and Chief of the Fire Department shall be responsible for determining the most practical location for such trailer.
3.The time period of occupancy of such trailer shall not exceed six (6) months, provided however, that the Director of Code Enforcement may extend the time period of occupancy for an additional time period of occupancy for an additional time period up to three (3) months due to exceptional circumstances that prevent the reconstruction and re-occupancy of the damaged building within the initial six (6) month time period. However, in no instance shall such trailer be occupied for a time period to exceed nine (9) months, unless extended by the Zoning Board of Adjustment.
B. Construction and storage trailers. Trailers used for construction offices and for storage of materials and supplies on a job site may be used during the period of construction only. Such trailers may be used only during the construction phase of a development. All material storage and construction office trailers must be removed if no site work or construction activity has occurred on-site for forty-five (45) days or more, or if construction activity has substantially slowed. Such trailers must be removed upon the completion or final occupancy of the new structure(s).
C. Trailers for the disposal of materials or for the storage of materials and supplies not related to the construction job undertaken shall be subject to the provisions below concerning dumpsters, PODS, mobile attics and like portable on-demand storage containers.
D. Office and classroom trailers. Trailers for temporary use including but not limited to modified mobile homes for office use and classroom space may be placed on a lot in a non-residential zone provided that:
1. "Temporary use" means use prior to final occupancy of a permanent structure;
2. The "temporary use" is in conjunction with a principal building and a permitted use being undertaken, or approved to be undertaken on the lot;
3. Trailers are not to be located between a principal structure and the front street line and all required setbacks and yards specified for the respective zone are observed;
4. On a corner lot, trailers shall not be located between a principal building and any adjacent street line and shall observe all required setbacks and yards specified for the respective zone;
5. Site plan approval for a permanent principal structure on the same lot is obtained prior to placement of a trailer;
6. Use of a trailer permitted under this section does not commence prior to site plan approval and does not exceed one year from the date of such site plan approval unless extended by the Planning Board;
7. The time period of occupancy of such trailer shall not exceed six (6) months, provided however, that the Director of Code enforcement may extend the time period of occupancy for an additional time period of occupancy for an additional time period of up to three (3) months due to exceptional circumstances within the initial six (6) month time period. However, in no instance shall such trailer be occupied for a time period to exceed nine (9) months, unless extended by the Planning Board.
E. Sales offices.
1. In subdivisions and site plans approved for residential construction, the Director of Code Enforcement may permit a temporary sales office, provided that, prior to issuance of a construction permit for such temporary sales office, final approval for the tract upon which the temporary sales office is to be located shall be effective. Only one (1) temporary sales office is permitted per tract.
2. A site plan must be submitted to the Director of Code Enforcement for review for compliance with all area and yard requirements and all design standards required in the zone district where it is located. Any relief from the aforesaid requirements or standards may only be granted by the appropriate board of jurisdiction.
3. Parking on other than accepted public roadways. The following minimum on-site parking spaces must be provided:
(a) One (1) space for each employee
(b) One (1) space for each ten (10) units or portion thereof for the first fifty (50) units in any project
(c)One (1) space for each twenty-five (25) additional units or portion thereof in any project greater than fifty (50) units.
The parking area surface may be gravel if maintained in a dust-free manner. However, the area of the driveway at least twenty-five feet from the street cartway shall be constructed on bituminous asphalt to prevent tracking of stone or dirt onto the public street
4. A zoning permit and a certificate of occupancy are required for all temporary sales offices.
5. The temporary sales office may only be located on the site until the 15th or final certificate of occupancy is issued for the dwelling units, whichever occurs first. At that time, the developer shall have thirty (30) days to remove the temporary sales office and any appurtenances from the site and restore any area disturbed. If the developer desires to continue a sales office use, it must thereafter be from within a proposed dwelling unit.
6. Sales shall be limited to dwelling units being marketed in the tract on which the temporary sales office is located; sales of off-tract dwelling units are prohibited. Building materials and all other materials except those directly related to the promotion and sale of dwellings in the tract, such as decorating samples, brochures and offices supplies, may not be stored in the sales office. Use of the sales office for living quarters is prohibited.
7. The municipal agency may also approve a temporary sales office in conjunction with its review and approval of the site plan or subdivision application, provided that the site plan and traffic control plan therefore have been submitted.
F. No trailer may be temporarily or permanently used for storage of materials in any zone district except to the extent permitted with regards to dumpsters, PODS, mobile attics and like portable on-demand storage containers to the extent permitted under Section G.
G. PORTABLE STORAGE UNIT - Definition. A transportable unit designed and used for the temporary storage of household goods, personal items, construction materials and supplies and other materials which are placed on a site for the use of occupants of a dwelling or building on a limited basis. Portable storage units include but are not limited to certain trade named units called "PODS", "mobile attics" and like portable on-demand storage containers.
DUMPSTER - Definition. A rigid container generally used for routine collection, temporary storage of solid waste, construction materials, industrial and other waste materials generally on a temporary basis which is a portable detachable device.
Placement of Dumpsters, portable storage units and like portable on-demand storage containers on private property:
1. Garbage containers often known as "dumpsters" as defined above, shall require a permit issued by the Director of Code Enforcement and a payment of a fee of Thirty ($30.00) Dollars and shall be limited to use not to exceed ninety (90) days unless a longer period is granted by site plan approval before the Planning Board or Zoning Board. Portable storage units or like storage containers placed on private property shall be limited to thirty (30) days placement and shall require a temporary storage permit from the Director of Code Enforcement upon payment of a fee of Thirty ($30.00) Dollars. Such dumpsters and portable storage units shall be placed either on vacant private property or located on the side yard or back yard of any existing building on private property and should the applicant require or request placement in the front of a building or private property said application shall be treated as the same as an application under Section H of this Ordinance. No property owner or agent for the property owner shall be allowed to apply for dumpster or portable storage unit permits in excess of two (2) permits per year per property. All dumpsters and portable storage units shall be appropriately labeled as to the date the permit was issued and the date of required removal representing the maximum time period for use under the permit.
2. Front yard shall be defined in accordance with the Zoning Code of the Township.
H. Prohibition of dumpsters, portable storage units or like portable on-demand storage containers in certain private property areas and in public areas.
1. It shall be generally unlawful for any person to construct or place a storage container for garbage, such as a "dumpster" or a storage container for portable on-demand storage, such as a portable storage unit as defined in this ordinance upon any front yard of private property or upon any Township owned or unaccepted dedicated street, avenue, highway, lane, alley or public place. No permit shall be issued for such use or storage of dumpsters, portable storage units or like portable on-demand storage containers unless the applicant establishes a hardship by satisfying one or more of the following criteria:
(a) Narrowness of distance between property lines making placement of the dumpster, portable storage units or like portable on-demand storage containers elsewhere other than at the front of said private property or at a public area difficult if not impossible.
(b) Parking needs affected.
(c) Traffic flow affected.
(d) Other reasons establishing the necessity of placement on the front of private property or on a public area.
2. Should the applicant demonstrate a hardship warranting placement of a dumpster, portable storage unit or like portable on-demand storage container on the front yard of private property or on a public area as defined above, the Director of Code Enforcement shall issue a permit with regards to dumpsters, portable storage units or similar portable on-demand storage containers on a temporary basis, in the case of a dumpster for a period not to exceed ninety (90) days and in the case of a portable storage unit or like portable on-demand storage containers not to exceed thirty (30) days. Extensions cannot be granted for more than the aforesaid time period set unless a longer period is granted by site plan approval before the Planning Board or Zoning Board. Both a permit for a dumpster and a permit for portable storage container shall require a fee of Thirty ($30.00) Dollars.
3.Any permit may be revoked by the Director of Code Enforcement if it is determined that the existence of the dumpster, portable storage unit or like portable on-demand storage container is affecting traffic flow or affecting the safety or welfare of the public.
I. Notice of Failure to Comply.
The Director of Code Enforcement is hereby authorized to notify, in writing, by mailing by certified mail, return receipt requested and regular mail or hand delivering to the owner, or person or entity in control of the property where the dumpster or portable on-demand storage container is located or person or entity that in the opinion of the Township controls, owns or leases the subject dumpster or container or the agent of the owner or person or entity in control therein of the particular violation. The person or entity shall have five (5) days from the date of receipt of the notice to cure the violation. Said notice shall be deemed to serve as a continuing notice for the remainder of the calendar year and the Township may, without further notice, correct any existing violation in accordance with this Ordinance.
J. Failure or refusal to comply.
Upon the failure, neglect or refusal of an owner, tenant, person or entity in control or his or her agent to comply with this Ordinance per the aforesaid notice within the time period prescribed by this Ordinance then the Township is authorized to either issue citations of violation as set forth more fully in this Ordinance and/or to remove the subject dumpster or storage container without further notice. The Township may act with regards to this provision without notice if it determines an emergency condition exists requiring action with regards to the dumpster or container.
K.Unpaid charges to constitute lien on property.
Should the Township be required to move the dumpster or container in order to correct any violation of this Ordinance, the Director of Code Enforcement shall certify the costs of removal and storage of said dumpster or container and shall be authorized to forward the bill to the property owner or person or entity in control of said property or dumpster or container for payment within thirty (30) days of the date of the bill and any continuing storage costs. The amount of the charge shall become a lien upon the lands and properties for which the dumpster or container was located or properties of the owner, tenant or controller of the dumpster or container where such container or dumpster served the benefit and use of in the opinion of the Township. Should the person or entity who owns, leases or controls the dumpster or container failed to pay all charges and remove the dumpster or container from Township custody within ninety (90) days of the Township removing and storing the same then the Township may sell the property at public auction. If the dumpster or storage container identifies the owner of the dumpster or container, the same shall be notified of the proposed sale in writing ten (10) days prior to public sale.
L. Other violations: penalties.
In the event that any person or entity fails to comply with this Ordinance by committing an unlawful act, a fine not exceeding One Thousand Two Hundred Fifty ($1,250.00) Dollars per violation, a term of imprisonment not exceeding ninety (90) days or a period of community service not exceeding ninety (90) days or any combination thereof shall be imposed.
**Webmasters Note: The previous section has been amended as per Ordinance No. 07-25.
