21-33 Regulations Applying to All Non-Residential Zones

21-33.1 Driveways and Parking Lots.

No property in a residential zone shall be used as a driveway or parking lot to serve a business or industrial use.

21-33.2 Curb Cuts.

All curb cuts shall be at least 15 feet but not more than 30 feet in width, except on County or State roads where applicable County or State requirements are established. Unless specifically permitted elsewhere in this chapter, only one curb cut shall be permitted on any street frontage, and it shall be located within the center 1/3 of the frontage of the site.

21-33.3 Conflicting Uses.

No use shall be established, maintained or conducted in any business zone that will conflict with Performance Standards as established in this chapter.

21-33.4 Underground Utilities.

All utility and telephone lines and appurtenances which provide service to the property shall be placed underground.

21-33.5 Trash and Recyclable Materials Storage Areas.

An enclosed area shall be provided for the temporary storage of trash and recyclable refuse. Notwithstanding zoning requirements to the contrary, the following shall apply:

a. Application for a trash and recyclable materials storage area shall be made to the Planning Administrator.



b. The application shall be made as follows:

1. Applicants will submit an original and two (2) copies of the appropriate application forms.

2. The appropriate fee will be paid.

3. Applicants will submit copies of an approved site plan if the property has previously received site plan approval or, if not, a survey of the property on which the storage area is to be located.

4. Applicants will provide a drawing/sketch plan of the storage area, properly dimensioned, on the survey or site plan, which reflects the proposed storage area and distances to other structures and property lines.

5. The following details shall apply to the storage area. They may be shown on the plan for the storage area or attached on a separate sheet.

a. Storage area floor pad shall be a six (6") inch thick concrete slab, reinforced using 6/6/12/12 welded wire fabric;

b. Enclosure walls/fencing shall be of reinforced masonry and/or timber construction and shall be solid to provide a suitable visual screen. If timber fencing is utilized:

1. Fence and gate posts shall be constructed of four (4") inch O.D. galvanized steel pipe (3/16 wall) set in twelve (12") inch minimum diameter by 24" deep concrete foundations thirty (30") inches below grade; and

2. Enclosure panels shall be board-on-board type. six (6') feet high, and enclose the entire perimeter of the storage area; and

c. All enclosure gates shall be specified to be self-closing, self-latching, and capable of being fixed securely in the open position.

c. Trash and recyclable material storage areas may be located no less than five (5') feet from a rear or side property line. No storage area may be located in a front yard.

d. If, in the opinion of the Planning Administrator, the changes to the original site plan are solely for the purpose of creating a trash and recyclable materials storage area and the site will continue to operate so as to promote the public health, safety, and general welfare, an administrative approval may be granted.

f. In the alternative, if the Planning Administrator finds that (1) the proposed location of the storage area may be a detriment to the public health, safety, and general welfare, or, (2) does not comply with the details referenced in Section 21-33 5 b.4., or, (3) is located in a front yard or closer than 5' to a side or rear property line, then an administrative approval shall not be granted. A site plan application before the appropriate municipal board shall be made.

g. Existing non-residential structures which have not obtained an approved trash and recyclable materials storage plan by March 30, 1997, shall be deemed to be nonconforming as a result of the adoption of this ordinance and shall be deemed to be in violation of the Township's Ordinances with regard to recycling and litter control and shall be subject to the penalties enumerated in the Comprehensive Land Development Ordinance of the Revised General Ordinances of the Township of Ocean.

21-33.6 Roof Structures.

Roof structures such as mechanical equipment, water towers, etc., shall be screened from public view or designed in such a fashion as to compliment the architecture of the building.

21-33.7 Flags.

One freestanding flag pole to display the flag of the United States of America and/or the State of New Jersey shall be permitted on a property in a commercial zone. Notwithstanding zoning requirements to the contrary, the following shall apply:

a. Applications for a flag pole shall be made to the Planning Administrator

b. The application shall be made as follows:

1. Applicants will submit an original and two (2) copies of the appropriate application forms.

2. The appropriate fee shall be paid.

3. Applicants will submit copies of an approved site plan if the property has previously received site plan approval, or, if not, a survey of the property on which the flag pole is to be located. In the event a site plan or survey is not available, the applicant may have the location staked for review.

4.Applicants will provide a location of the flag pole on the survey or site plan, which reflects the proposed flag pole and distances to other structures and property lines.

c. The following specifications shall apply to the flag pole:

1. Only one free standing flag pole is permitted.

2. The flag pole must be located in a curbed and/or landscaped area.

3. The height of the flag pole may be no greater than 10' above the maximum building height permitted in the zone, but in no case may the height exceed 45'.

d. If, in the opinion of the Planning Administrator, the changes to the original site plan are solely for the purpose of locating a flag pole and the site will continue to operate so as to promote the public health, safety, and the general welfare, an administrative approval may be granted.

e. In the alternative, if the Planning Administrator finds that the proposed location of the flag pole: 1. may be a detriment to the public health, safety, and general welfare; or 2. does not comply with the specifications in Section 21-33.7.c, then an administrative approval shall not be granted. A site plan application before the appropriate municipal board shall be made.

21-34 T-1 Transitional Office/Residential Zone

The purpose of the Transitional Office/Residential Zone is to provide an appropriate transitional use between certain existing single family residential areas, as identified in the Master Plan of the Township of Ocean, and more intensive commercial areas or heavily traveled streets.

21-34.1 Permitted Uses.

A building may be erected, altered, or used and a lot or premises may be occupied and used for any of the following purposes:

a. Principal permitted uses:

1. Single Family Residence

2. Home Professional Office

3. Professional Office (excluding medical or dental uses)

4. Family Day Care Homes.

b. Accessory buildings not to exceed 15 feet in height, structures and uses including:

1. Private garage, not to exceed two spaces.

2. Buildings for tools and equipment used for maintenance of the grounds, and greenhouses for hobby use.

3. Private swimming pools and tennis courts.

4. Signs, subject to the regulations and conditions of this chapter.

5. Fences and hedges subject to the special conditions of this chapter.

6. Decks and Open Porches.

7. Other customary accessory uses and structures which are clearly incidental to the principal structure and use.

c. The following conditional uses are permitted subject to approval of the Planning Board and the special conditions of this chapter.

1. Government buildings and services which are necessary to the health, safety, convenience, and general welfare of the inhabitants of the municipality. This category shall include volunteer fire companies.

2. Public utility installations.

3. Churches, synagogues, parish houses, and similar religious uses.

4. Public and Parochial schools.

5. Satellite antenna dishes greater than one (1) meter for a residential use or greater than two (2) meters for an office use.

21-34.2 Development Standards.

The T-1 Transitional Office/Residential Zone specified herewith shall be occupied only as indicated in this chapter.

a. Single-Family, Home Professional Offices and Professional Offices

1. Principal buildings.

(a) Minimum lot size - 10,000 sq. ft.

(b) Minimum lot width - 100 feet

(c) Minimum lot depth - 100 feet

(d) Minimum front yard setback (measured from the future street R.O.W.) - 30 feet

(e) Minimum side yard setback - l0 feet

(f) Minimum both side yard setbacks - 25 feet

(g) Minimum rear yard setback - 30 feet

(h) Minimum gross floor area

(1) Two story buildings:

First floor minimum - 700 sq. ft.

Overall minimum - 1,400 sq. ft.

(2) One and one-half story buildings:

First floor minimum - 850 sq. ft.

Overall minimum - 1,400 sq. ft.

(3) Single story buildings: - 1,300 sq. ft.

(i) Maximum lot coverage

building - 27% of buildable lot area

impervious - 90% of buildable lot area

(j) Maximum building height - 35 feet

(k) Maximum stories - 2 stories above grade

2. Accessory buildings, structures and uses.

(a) More than one accessory building may be permitted on a lot. One accessory building may be permitted for which the side and rear yard setback requirements shall be no less than five feet, provided that it does not exceed ten feet in height or 150 square feet in area, and is not attached to or within ten feet of the principal building. All additional accessory buildings shall conform to the minimum setback requirements of the principal building.

(b)Accessory structures, other than buildings, intended for use or occupancy and located on or above ground, including swimming pools. tennis courts, patios, and decks or porches three feet in height or less, must maintain the required front yard setback of the principal building and a minimum ten feet setback from side and rear property lines. Decks which exceed 3' in height must maintain the required side yard setback and may extend no more than 20' beyond the required rear yard setback line provided no point of the deck floor exceeds a height of 7' above finished grade. Any deck which exceeds 3' in height and is located within the required rear yard shall have it's base screened by either lattice or landscaping or a combination of the two. All other accessory structures must maintain the required front, side and rear yard setbacks of the principal building. Fences are specifically not covered by this restriction and are governed elsewhere in this chapter.

21-34.3 Other Provisions and Requirements.

a. Off-street parking is required subject to the requirements and conditions of this chapter.

b. Landscaping is required subject to the requirements and conditions of this chapter.

c. No more than 24" of unfinished foundation shall be exposed above ground in the front of any building, and no more than 42" of unfinished foundation shall be exposed above ground in the architectural rear of any building.

21-35 C-1 Neighborhood Commercial Zone.

The purpose of the C-1 Neighborhood Commercial Zone is to provide retail centers in which will be found the shopping goods and services required to meet the daily needs of residents in the immediate vicinity or neighborhood. It is specifically intended for retail sales and services in the older established areas of the community.