A. No building erected on any lot need be set back farther from the street line than the average alignment of existing buildings within 200 feet on each side of the lot and within the same block front and district; however, regardless of the alignment of neighboring buildings, no building erected between two existing buildings on immediately adjacent lots need be set back farther than that of the two said buildings which is farther from the street line.

B. No open space provided around any principal building for the purposes of complying with the front, side, or rear yard requirements of this Ordinance shall be considered as providing for the required yard areas of another principal building.

C. For special yard requirements particular to properties located in historic zone districts, see Section 413.

D. Yard setback requirements within the LI zone east of Route 35 shall be fifty percent (50%) less than required setbacks in all other LI zones.

Senior citizen apartment buildings shall be permitted in the B-1 Zone District east of State Highway 35 on lots with frontage of West Lake Avenue in accordance with the following regulations which shall be deemed to supplement the underlying zoning regulations. Where a regulation contained herein conflicts with an underlying zoning regulation, the regulation herein shall apply.

A. The maximum permitted floor area ratio (FAR) shall be no greater than the sum of one and one-tenth (1.10) and the FAR specified for the B-1 Zone.

B. Minimum Setbacks.

1. Minimum Front Yard: Ten (10) feet.

2. Minimum Rear Yard: Fifteen (15) feet.

C. The maximum building coverage shall be no greater than forty-five percent (45%).

D. The maximum building height as measured by the number of stories shall be no greater than four (4) stories.

E. No dwelling unit shall have a floor area less than five-hundred and fifty (550) square feet (minimum floor area design standards for multifamily dwelling units shall not apply).

F. Outdoor seating areas shall be provided with an aggregate minimum area that is no less than two (2) square feet per one (1) dwelling unit.

G. Alternative parking standards to those required by Residential Site Improvement Standards (RSIS) shall be accepted if the applicant demonstrates that the proposed parking standard better reflects local conditions and household characteristics. [NOTE: The previous section, 412.23, has been added per Ordinance No. 02- 14]

The sale of alcoholic beverages either in packaged form or in by-the-drink shall be prohibited in all historic zone districts.

A. Purpose. The HD-O Zone District is subject to special setback provisions dating to the late 1870's, providing for a flared setback that widens toward the ocean from Central Avenue to Ocean Avenue. This flared setback is a unique and invaluable resource that is recognized within planning, urban design and historic preservation circles as one of the first evidences of this type of streetscape treatment in the country.

B. Ornamentation. Aside from an access walkway and sidewalk no greater than six feet (6') in width, shrubbery, flowers and other similar ornamentation installed and maintained at a height of less than thirty (30) inches, no structures may be placed within, or may project into, the area defined as the Historic Flared Avenue Open Space area. The area between the curb and the sidewalk shall be maintained as a planted grass strip.

C. Vehicles. No vehicles of any type may be parked within a flared avenue open space area. This shall not preclude the parking of vehicles within the established public right-of-way.

Purpose. This Subsection acknowledges that business owners and consumers will benefit from what are commonly known as "sidewalk sales" and that the proper regulation of such sales is required.

A. Location. Sidewalk sales may be held only in the HD-B-1 Zone District.

B. Limitations and Regulations.

1. The merchandise to be sold must be directly related to the retail establishment.

2. The display of merchandise shall be restricted to the regular hours of the business' operation and shall be removed at the close of business each day.

3. The display area must be immediately adjacent to the building facade or curbline and shall not extend more than four (4) feet beyond the facade or curbline.

4. The area devoted to the display shall be a maximum of 100 square feet for a linear distance not to exceed twenty-five (25) feet or the entire length of the facade, whichever is smaller.

5. The display shall not obstruct doorways nor impede pedestrian traffic or wheelchair accessibility. When displays are located adjacent to curb areas, a four (4) foot wide passage shall be provided between on-street parking and the sidewalks area every twenty (20) feet.

6. No display shall be allowed in off-street parking areas, loading areas or emergency lanes.

7. The retail merchandise shall not be displayed in cardboard boxes, but rather shall be placed either on the sidewalk itself or upon a display table or rack as appropriate to the nature of the merchandise.

8. No more than one (1) temporary sign, banner or flag not to exceed sixteen (16) square feet in size shall be permitted on-site in conjunction with a sidewalk sale. No off-site signage shall be permitted.

A. The intent of this subsection is to establish regulations for establishing an outdoor dining establishment accessory to a principal restaurant use.

1. The area utilized for dining must be accessory in nature to a fully enclosed eating establishment.

2. All service areas shall be inside the enclosed restaurant area, or suitably screened.

3. Walkways with a minimum forty-two (42) inch width shall be provided to facilitate patron and employee circulation.

4. An outdoor dining facility shall require approval of the Zoning Officer for compliance with streetscape standards.

5. All furniture, equipment, signs, and other furnishings shall be subject to the guidelines of the Ocean Grove Streetscape Standards and this ordinance.

6. Outdoor dining shall be restricted to the regular hours of the business' operation and the tables, chairs and associated furniture shall be removed at the end of the business day.

A. Any hotel located east of Central Avenue, which at the time of adoption of this subsection, is a legal non-conforming use, shall be deemed to be a principal permitted use to the extent the of the use which exists at any such hotel at the time of adoption of this subsection. However, any expansion of the use which exists at any such hotel at the time of adoption of this subsection shall be deemed non-conforming and would thus require a variance pursuant to NJSA:55D-70-d2 of the Municipal Land Use Law.

B. The construction of additional cubic volume on the existing footprint of hotels subject to this section shall not be considered an expansion of the existing hotel use, provided it does not result in the creation of additional guestrooms. In the event of fire, damage or any other casualty, hotels subject to this section shall have the right to rebuild or repair the structure in accordance with its legal use as specified in this section.

**Webmasters Note: The previous section has been deleted as per Ordinance No. 11-35.

A. Purpose. While the Zone Plan for the Township is effective in providing for a variety of land uses and in separating conflicting land uses, it is in the best interests of the Township to provide an alternative method to the development of larger sites which permits a greater variety and mix of land uses pursuant to a coordinated plan. Such Planned Developments may consist of several different types of uses, open space, an on-site circulation system for vehicles, bicyclists and pedestrians and facilities for community services, such as recreation, social activities and security to benefit the users of the Planned Development. Finally, Planned Developments are intended to enable creative design and development of larger sites without adversely impacting surrounding land uses, particularly existing residential neighborhoods.

B. Applicability.

1. This Section contains requirements for Planned Commercial Development in the C-1 and LI Zone Districts. Section 405 contains requirements and guidelines particular to Planned Unit Development in the PUD Zone District.

2. The requirements for Planned Commercial Developments provided in this Section apply where Planned Commercial Developments are listed as Permitted Uses in the applicable zoning district. To the extent that the following provisions differ from the requirements of the zoning district(s) otherwise applicable to the site or other requirements of the Township's Land Development Ordinance, the provisions of this Section shall govern.

C. Standards.

The following standards shall apply to Planned Commercial Developments as defined in this Chapter.

1.Development regulations.

(a) Permitted uses within a Planned Development shall be those uses listed as permitted uses in the zoning district. Accessory uses not specifically listed in these zones but which are supportive services and customarily incidental to a principal use are also permitted.

(b) Wireless Telecommunication Facilities shall be considered permitted uses in a planned development with a minimum tract size of 10 acres.

(c) Except as otherwise provided herein, Planned Commercial Developments shall be permitted only if the land which is to be used for the Planned Development is located in the Planned Commercial Development (C-1) or Light Industrial (LI) Zone Districts.

(d) Minimum Improvable Area requirements shall not apply to Planned Developments.

(e)Bulk requirements. Bulk zoning requirements for Planned Commercial Development in the C-1 and LI Zone Districts shall be in accordance with the following tables:

* 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.Accessory uses.

(a) Uses customarily incidental and accessory to principal permitted uses.

(b) Helistops

(c) Hotels or extended stay lodging facilities may provide up to 3,000 square feet of retail space within the principal structure. Retail uses are limited to those businesses that are commonly found in hotels, and provide services or shopping opportunities to hotel guests and the public.

(d) Planned office developments may include accessory uses such as coffee shops, deli/restaurants, newspaper/ stationary shops and teller bank machines within principal structures provided:

(i) Such uses shall be included as tenants within the various principal office buildings and shall not occupy separate buildings

(ii) Not more than ten percent (10%) of the gross floor area of any principal office building may be occupied by accessory uses.

(iii)No accessory use shall have an individual outside entrance, except for fire/ service access, nor shall there be any display of outside signage, except as part of the overall building identification directory.

3.Perimeter buffers.

(a) Planted buffers shall be provided along the perimeter of any Planned Development in accordance with the minimum width parameters of Table 4.5 below. As set forth in Table 4.5 where a "proposed use" (vertical column) within a Planned Development is located near a tract boundary line that is common with an abutting use (horizontal row), the buffer width indicated in Table 4.5 shall be provided except as otherwise provided for herein. Where Route 18 or Route 66 serve as a zone district boundary, no buffering is required along such boundary. Where a tract boundary line is also a streetline, the buffer and screening requirements set forth in Article V (Design and Performance Standards) shall apply.

(b) Every required buffer may contain berms, deciduous and evergreen trees and shrubs, inclusive of ornamental trees and shrubs, as well as groundcovers or a combination of these features to achieve an effective landscape screen. Design of buffer areas to achieve an effective landscape screen shall follow the guidelines and standards outlined in Section 503 below. The number, type and size of buffer plantings shall be shown on the site plan.

(c)To the extent that environmental constraints and physical or Planned Development design conditions dictate, a variable width planted buffer may be provided. The Board may approve a buffer width less than the minimum prescribed in Table 4.5 provided that a commensurate buffer width greater than the minimum requirement is provided elsewhere on the site and that site cross-sections depicting a proposed landscape buffer design treatment between a Planned Development and abutting residentially zoned lands indicates that an effective landscape screen can be achieved. No buffer shall be less than ten (10) feet unless the abutting use is permanently reserved open space.

4.Building Height Exceptions Within Planned Developments. In order to encourage distinctive architectural designs which integrate and effectively screen rooftop mechanical equipment, elevator penthouses, stair enclosures, and similar features, screened mechanical equipment enclosures may either be ten (10) feet from the perimeter walls of a building or integral with the front facade of the building if designed as an architectural extension of the facade containing similar building materials. Such rooftop screening structures may exceed the permitted building height by up to sixteen (16) feet, provided that the mechanical equipment and appurtenances in the aggregate do not exceed twenty (20) percent of the roof area on which they are located.

5.Parking and Loading Requirements for Planned Developments. Parking shall be provided within Planned Developments in accordance with the following:

(a) Non-Residential Uses. Parking for office uses located within Planned Industrial Developments and Planned Commercial Developments shall provide off-street parking at a ratio of three (3) parking spaces per 1,000 square feet of gross leasable floor space. Other permitted uses within a Planned Development shall provide parking in accordance with the Parking Requirements of Section §412 of the Land Development Ordinance.

(b) Parking shall be distributed to minimize the walking distance to building entrances. Parking decks and parking garages are encouraged. Parking lots shall be designed to minimize the opportunities to cut across parking aisles through the use of planting islands. Provisions for safe pedestrian circulation between buildings and between buildings and parking shall be included in the design for the Planned Development.

(c)Multi-level parking structure. 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.

(d)The layout of parking areas shall be in accordance with Article V.

6. Off-Street Loading Requirements. Loading spaces shall be provided for Planned Developments in accordance with Section 412.12 of the Land Development Ordinance. Loading spaces may occupy a side or rear yard if such spaces are effectively screened to shield such spaces from public view to the extent practicable at the closest access street frontage.

7. Landscaping Requirements.

(a) Design of Buffer Areas. All required buffer areas that include existing wooded areas that are less than 100 feet in width and containing a plant association dominated by deciduous trees of 6-inch caliper or greater shall be supplemented along the exterior edge within the required buffer area by landscape material that may include naturalized groupings of native shrubs, evergreen trees (Eastern Red Cedar, American Holly, indigenous conifers) or combinations of such plantings to the extent allowed by current environmental regulations. Buffer areas without existing wooded areas that abut existing residential uses shall be designed to form an effective landscape screen between non-residential and residential uses.

For purposes of this Ordinance, an effective screen shall mean that vision from an abutting residential lot line is screened to a point where parking areas within the Planned Development will be substantially blocked from view and filtered views of buildings is achieved. The Board may approve fencing or hedges where appropriate to supplement or replace a naturalized screen planting.

(b) Parking Area Buffers. Landscaped buffers of not less than twenty-five (25) feet in width shall separate all off-street parking areas from the nearest streetline of a public street. When such street separates the tract from a residential zone, the required buffer shall be fifty (50) feet. Treatment of such buffers may contain berms, groupings of trees and shrubs and groundcovers or a combination of these features to achieve an effective screen adjacent to such parking areas. Street trees shall be planted at a minimum size of 3-inch caliper and spaced at intervals of thirty (30) feet or in an alternate spacing pattern depending on tree specie and overall site design theme proposed for the Planned Development. Where berming is provided, it shall be designed with side slopes not to exceed 3:1 and shall undulate and overlap where space allows.

(c) Interior Roads. Interior roads within a Planned Development shall be landscaped with street trees pursuant to the requirements of Article V of the Land Development Ordinance.

(d) Preserved Open Space. To the greatest extent possible, preserved open space should be designed into the Planned Development where the maximum preservation of significant natural features can be achieved without the need for extensive replacement planting. Where new plantings are necessary, they should be shown on the Landscape Plan submitted with the Preliminary Major Site Plan submission. The Landscape Plan must be professionally prepared and incorporate a balanced mix of trees and shrubs appropriate to the use of the open space.

(e)Tree replacement. Planned development shall be subject to the tree replacement requirements set forth in Section 525 of the Land Development Ordinance.

8.Traffic Circulation.

(a) Planned Commercial Development may include new public and private roadways in accordance with the standards set forth in this ordinance.

(b) Planned Commercial Development in the LI Zone District shall have principal vehicular access from a Minor Arterial roadway as classified by the Circulation Element of the Master Plan. Secondary and/or emergency access may be provided from a Collector Road.

(c)Planned Commercial Development in the C-1 Zone shall have principal vehicular access from a Major Arterial roadway as classified by the circulation element of the Master Plan. Secondary and/or emergency access may be provided from a Collector Road. Access to a Planned Commercial Development shall not be provided via existing local roads that primarily serve residential uses.

9.Utility Installations. All utilities for Planned Developments shall be installed underground at a depth and at such location as will minimize risk or interruption of services. All utilities shall be installed in accordance with the applicable ordinances, regulations and standards of any Federal, State, or local governmental agency, authority or utility unless otherwise authorized by the regulating entity.

10.Impact Studies.

(a) A thorough and detailed traffic engineering impact analysis to determine the adequacy of existing streets and intersections in the immediate vicinity of the Planned Development and the effect of the additional traffic on the environs and surrounding areas.

(b) A comprehensive fiscal impact analysis.

D. Design Guidelines for Planned Commercial Developments. In addition to complying with the performance standards and design guidelines set forth in Article V, Planned Commercial Development shall be designed according to the following guidelines:

1. Clustering of buildings and the provision of structured parking are strongly encouraged to minimize the amount of site disturbance and stormwater runoff, preserve open space, provide more efficient distribution of infrastructure and encourage pedestrian circulation on the site.

2. Buildings shall be designed in accordance with an architectural theme, including signage, which is coordinated with site lighting, street furniture, landscaping, architectural project identity features, and other appurtenances in order to create a sense of place.

3.Loading areas and docks should be designed into building corners or otherwise be located so as to be at least partially hidden from view.

4. Each facade shall be finished with compatible materials and design treatments.

5. Smaller support businesses and services should either be incorporated within the ground floor of office buildings or designed to front along connecting interior roads where short term street parking is permitted in front of businesses without precluding necessary access by emergency vehicles.

6. Buildings should be arranged to enable and encourage pedestrian movement between uses and buildings. The site plan should include a pedestrian and bicycle pathway plan, inclusive of paver crosswalks with appropriate signage.

7. Open space within office or industrial developments shall include sitting and outdoor eating areas. Provision for active and passive recreational facilities is encouraged.