§ 415.07 Community Centers

Community centers may be permitted when authorized as a conditional use by the Planning Board in the C-3, R-4 and R-5 Zone Districts in accordance with the following conditions: [NOTE: The C-3 Zone has been added as prescribed by an Amended Schedule A-2 per Ordinance No. 03-035]

A. The site includes or is in close proximity to open space which can be utilized for active recreation

B. Direct access to at least a collector roadway to serve the use is available.

C. All interior areas designed for potentially noisy activities are sufficiently sound-insulated or separated from adjacent residential structures so as to avoid any noise nuisance.

D. On-site exterior areas designated for active recreational use shall be screened consistent with the requirements of §503.

E. A twenty-five (25) foot wide planted screen meeting the standards contained in §503 shall be provided to all adjacent residential uses.

§ 415.08 Drive-through Restaurants

Drive-through restaurants may be permitted in the B-1, C-1, C-2, LI, PU D, and C-6 Zone Districts when authorized as a conditional use by the Planning Board in accordance with the following conditions: [NOTE: The C-6 Zone has been added as prescribed by an Amended Schedule A-2 per Ordinance No. 03-035]

A. Bulk requirements.

1. Minimum lot area: 40,000 square feet

2. Minimum front yard setback: Thirty (30) feet

3. Minimum side yard setback: Twenty (20) feet

4. Minimum rear yard setback: Twenty-five (25) feet

5. Maximum total lot cover: Seventy-five (75) percent

B. Buffering.

1. A landscaped buffer area a minimum of twenty-five (25) feet in width to an adjacent residential zone district or residential property line shall be provided.

2. A six (6) foot high board-on-board fence shall be provided at the perimeter of the site at the board of jurisdiction's discretion. Said fence shall not be located within a front setback area.

C. Vehicular access.

1. Principal driveway access to a site containing a drive-through restaurant shall only be provided via a major arterial, minor arterial or collector roadway as identified by the Circulation Element of the Master Plan. Secondary and emergency access may be provided via a local roadway.

2. Planned unit development. Except for access points for emergency vehicles, driveway access shall not be provided from a public right-of-way to a drive-through restaurant in the P.U.D. Zone District. Vehicular access shall be provided either via a private roadway, or an internal connection to an adjacent retail or office parking area.

D. Drive-through areas.

1. A minimum of seventy-five (75) feet of queuing space shall be provided on-site, as measured from an ordering area.

2. Two (2) internally illuminated menu boards not to exceed twelve (12) square feet each in area may be provided within the building envelope.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 07-11.

3.A "bail-out" lane shall be provided to allow cars in queue to freely move through the site.

4. No loudspeaker shall be permitted at yards that abut a residential zone district or residential property line.

5. No drive-through area located within 150' of a residential zone district or residential property line shall be in use past 11:00 P.M. or before 7:00 A.M.

6.A pedestrian area located in the vicinity of a drive-through facility shall be clearly delineated by raised sidewalk areas, painted crosswalks, distinct paving materials or any combination thereof. Appropriate signage alerting motorists to pedestrian areas shall be provided.

E. Indoor recreation. An accessory indoor recreation area not to exceed fifteen (15) percent of the gross floor area may be included within the principal structure. Only access points to exterior areas for emergency access may be provided in the vicinity of an indoor recreation area.

§ 415.09 Historic Hotels

Historic hotels shall be permitted in the Historic District Oceanfront (HD-O) Zone District subject to the following conditions:

A. All guest rooms shall include full, private bathroom facilities.

B. All guest rooms shall average 175 square feet including required bathroom facilities.

C. A minimum of fifteen (15%) percent of the total floor area of the historic hotel shall be devoted to common areas for the use and enjoyment of hotel guests and the general public.

D. All service, garbage and loading facilities shall be located in the rear portion of the building, shall not be located in required yard setbacks and shall be suitably screened from adjacent properties.

E. No exterior light levels which exceed 0.5 foot candles shall cross property lines.

F. No parking facility or portion thereof shall be permitted in front yard areas.

G. Pre-existing historic hotel structures which are non-conforming with respect to the bulk requirements set forth in Zoning Schedule B-1 shall be permitted to be altered, enlarged, or extended provided that all conditions of this subsection are complied with, and existing nonconforming bulk conditions are not increased.

H. The minimum lot area for a newly constructed historic hotel lot shall be 10,000 square feet. The minimum lot area for a historic hotel utilizing an existing structure shall be 3,600 square feet.

I. Cooking and smoking in rooms shall be prohibited.

J. The structure shall not be a "rooming house" or "boarding house" as defined by N.J.S.A. 55:13B-3.

K. The facility shall not allow any guest to remain more than thirty (30) days, or more than thirty (30) days of any period of sixty (60) successive days.

L. Historic hotels shall be located north of Main Avenue, including those properties fronting on both sides Main Avenue.

M. Parking shall only be provided for new historic hotels with a minimum lot area of 40,000 square feet or greater.

§ 415.10 Light Food Concessions

Light food concessions may be permitted in the HD-R Zone District when authorized as a conditional use by the Planning Board in accordance with the following conditions:

A. A light food concession area shall be located on the beach

B. A light food concession area shall be prohibited on boardwalk and pier.

C. Each concession area shall provide restroom accommodations for men and women

D. Light food concessions may also provide for the rental, and use of recreational and beach articles such as umbrellas, chairs, racquets and similar items and for the sale of beach related sundries.

§ 415.11 Mobile Home Parks

This Ordinance recognizes existing mobile home parks in the LI Zone District. A mobile home park existing at the time of the passage of this Ordinance is considered a conditional use in the LI Zone District, and shall be governed by the following regulations

A. An open space at least fifteen (15) feet in width is to be provided between mobile home structures in order to ensure accessibility for emergency vehicles. Mobile homes may be located at least ten (10) feet from each other end.

B. Clothes-drying and trash container areas shall be adequately screened, conforming to the screening provisions of this chapter

C. No mobile home, lot or space shall be located further than one thousand (1,000) feet from a fire hydrant

D. All roadways, sidewalks, curbs and storm drains within a mobile home park must comply with township standards

E. Mobile home parks may be inspected by the Township Zoning Officer and Health Officer on an annual basis to determine compliance with all applicable health, fire and sanitary regulations.

F. A zoning permit must be issued prior to the installation of a mobile home pad to determine compliance with the provisions of this section.

G. Prior to the placement of a mobile home on an existing or new mobile home pad, the a valid certificate of occupancy shall be obtained, which includes the mobile home owner's name and serial number and the body type of the mobile home and pad number or street address of the pad site.

H. No building or structure shall exceed thirty-five (35) feet in height, except as regulated by the height exception provisions of this Chapter

I. All mobile homes shall be served by public potable water and sanitary sewer.

§415.12 Accessory Apartments in B-1 and HD-B- 1 Districts

Accessory apartment dwelling units may be permitted when authorized as a conditional use by the Planning Board in the B-1 and HD-B-1 Zone District in accordance the following conditions:

A. Apartments may be located at the second and third story levels of buildings in the B-1 and HD-B-1 Zone District, provided the first story level is devoted to a permitted use in the district.

B. Principal access to a second or third story apartment shall be provided via a dedicated entranceway or vestibule at the building's face. Apartments shall not be located at the first story level of buildings in the B-1 and HD-B-1 Zone District.

C. Dwelling unit size. Minimum dwelling unit floor areas based on multi-family dwelling unit type shall be as follows:



[NOTE: The previous section has been amended per Ordinance No. 02-41 and 03-035]

§ 415.13 Professional Offices in Historic District

Professional Offices may be permitted in the HD-R-1 Zone District subject to the following conditions:

A. The structure devoted to professional office use shall front Main Avenue and be located between New Jersey Avenue and New York Avenue.

B. A maximum of one (1) dwelling unit may be located within a structure that contains an office use. The dwelling unit and office use must maintain individual primary entrances to a structure. This shall not preclude the operation of a home occupation or home professional office in accordance with this Ordinance.

C. A structure containing a professional office shall have maximum floor area ratio (FAR) of for 1.7.

§ 415.14 Parking

Parking lots shall be permitted as a conditional use in the HD-R and R-5 Zone Districts as specified in Article IV in accordance with the following conditions:

A. HD-R Zone

1. Parking shall be provided in surface-level lots only.

2. Parking lots shall be screened from public right of way by a hedge, with a minimum height of 2.5 feet, to maximum of height of adjacent boardwalk.

3.The lot shall consist of a stabilized permeable surface of light colored gravel, stone or shell.

4.Lighting shall be provided in accordance with historic fixture design guidelines for the boardwalk area.

B. R-5 Zone District

1. Parking areas shall be primarily associated with a public educational facility.

2. The maximum permitted distance between the parking lot parcel and a public educational facility parcel shall be no greater than seven-hundred (700) feet.

3. Parking shall be provided in fully-paved surface-level lots only.

4. No individual parking space shall be located closer than five (5) feet from a front lot line. The parking lot, including driveways, shall be situated at least ten (10) feet from all lot lines other than a front lot line.

5.Maximum impervious lot coverage shall not exceed eighty percent (80%).

6. A minimum of ten percent (10%) of the lot area shall be devoted to useable public spaces, such as but not limited to seating areas, public art and plazas.

7. Improvements shall include facilities to accommodate public transportation. [NOTE: The preceding subsection B.1-7 has been added per Ordinance No. 02- 14]

§ 415.15 Public Utility Facility

Public utility uses shall be permitted as a conditional use in the B-1, B-2, C-1, C-2, LI, PUD/R-1, C, C-3, C-4, C-5, C-6, R-2 and R-3 Zone Districts as specified in Article IV in accordance with the following conditions: [NOTE: The B-2, C-1, C-2, LI, C-3, C-4, C-5, and C-6 Zone Districts have been added as prescribed by an Amended Schedule A-2 per Ordinance No. 03-035]

A. Site plans, specifications and a statement setting forth the need and purpose of the installation are filed with the board of jurisdiction.

B. Proof is furnished that the proposed installation in a specific location is necessary and convenient for the efficiency of the public or private utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is located.

C. The design of any building utilized in connection with such facility conforms to the general character of the area and shall in no way adversely affect the adjacent properties. No building may exceed twenty (20) feet in height.

D. A continuous six (6') foot high board-on-board fence shall be provided to screen the public utility facility from public view and to ensure security. Other fence types which provide 50% visibility may be used, provided adequate, continuous landscaping is provided at the fence perimeter. Said plantings shall be evergreen, and shall be six (6) feet high at the time of planting.

E. A structure associated with a public utility facility in a non-residential zone district may not be located closer than fifty (50) feet to residential property line.

F. Building or mounted lighting fixtures may be utilized, provided shielding is provided to reduce glare to adjacent properties. Motion-sensitive lighting is encouraged.

G. Appropriate safety devices shall be provided at the public utility facility to ensure public safety.

§ 415.16 Restaurants And Retail Establishments in Historic Hotels

Fully enclosed eating establishments (excluding those which serve alcoholic beverages and offer live entertainment), and retail and personal service establishments shall be permitted only as an accessory use within a historic hotel in the HD-O Zone District provided that the following conditions are met:

A. The accessory commercial establishments shall be secondary to the principal use of a historic hotel; shall be located entirely within the physical structure of the building and the access or exit shall be within the interior of the structure in which it is located; not more than twenty-five (25) percent of the total floor area of any historic hotel structure shall be allotted to or used for accessory commercial purposes. Properties fronting on Main Avenue may be permitted to use up to 50% of the total floor area for accessory commercial purposes.

B. Any signs advertising the commercial establishments shall conform to the applicable sign controls for the specific historic zone district in which the structure is located.

C. Where an owner of a hotel or other transient residential structure makes application on behalf of an accessory commercial establishment for a variance to provide access directly from a street, the means of access (or exit) shall be subject to review of the Historic Preservation Advisory Committee.

D. Live, non-amplified, musical entertainment shall be permitted with the following restrictions: live, non-amplified, musical entertainment shall be permitted between the hours of noon and 10:30 p.m., Sunday to Thursday, and noon and 11:30 p.m., Friday to Saturday.

E. Exterior kitchen equipment and exhaust fans shall be located according to the following setbacks:

1. Side yard - minimum of ten (10) feet from any adjacent inhabited structure used as a dwelling unit.

2. Rear yard - minimum of ten (10) feet from any adjacent inhabited structure used as a dwelling unit.