Any use not permitted in a zone but for which approval is given by the Zoning Board of Adjustment shall comply with the bulk standards of the most restrictive zone in which the use is permitted, as determined by the Zoning Officer. If the use is not permitted in any zone within the Township, the standards applying to the most restrictive zone within which a similar use is permitted, as determined by the Zoning Officer, shall apply. Where no such similar use exists, the standards of the subject zone shall apply.
Any multiple use or string of flags or pennants for display or to attract attention shall not be permitted in any zone. Temporary use of string of flags or pennants for grand openings only may be permitted for a period not to exceed 30 days upon approval of the construction official.
No building or structure shall be erected within the designated l00 year flood plain as defined on the Township Flood Insurance Rate Map, prepared by the U.S. Department of Housing and Urban Development Federal Insurance Administration, dated October, l977, as amended, or as defined in the Township of Ocean Drainage Master Plan, prepared by Schoor Engineering, Inc. dated December l976, copies of which are on file in the office of the township engineer at the municipal building. In the event of a conflict between the two flood plain delineations, the more restrictive shall apply.
The municipal agency may require the designation of any portion of a site plan or subdivision as a conservation easement. In the event that a conservation easement is required in connection with a development application, the developer or owner shall be required to make reference to said easement and the restriction relating thereto in any future conveyances involving property which includes said easement.
No grading or removal of vegetation, with the exception of limited thinning, shall be permitted in a conservation easement. Limited thinning shall only be done with the approval and supervision of the Township Engineer or his authorized replacement.
Structures permitted to be constructed in a conservation easement shall be limited to fencing and drainage structures, and shall only be permitted by approval of the Planning Board. Fencing shall comply with all applicable requirements of this chapter.
Where specifically permitted, applicants may utilize land that is discontinuous to the principal tract in order to calculate the permitted number of dwelling units for a cluster development in any zone where the Discontiguous Cluster Option is permitted.
In order to qualify for the discontinuous cluster option, the discontinuous tract must be a minimum of 1 acre in area, and must be dedicated to, and accepted by, the governing body for use for municipal purposes, recreation or open space. In the alternative, an applicant may agree to donate to an established Open Space Trust Fund, the sum of $200,000 per acre for future acquisition of land for recreation and open space, in lieu of the actual dedication of land. In the event an applicant chooses the alternative donation of funds, payment shall be made according to the following schedule:
For single family subdivisions, the total payment due shall be divided by the number of dwelling units to establish an amount/unit to be donated per unit. A total of 1/2 of the total due (number of dwelling units x 1/2 of the donation/unit) shall be provided upon the signing of a developer's agreement between the Township and the developer for the development, or phase of the development if the development is phased. Unless otherwise specified by the Municipal Agency at the time of final approval, the balance due per unit shall be provided prior to the release of any portion of the performance bond for the development.
For Senior Citizen Apartment Option developments, payment shall be made as follows: The total due shall be divided by the total number of principal buildings in the development to determine a donation per building. A total of 1/2 if the total due per building shall be provided upon issuance of the building permit for each building in the development. The balance of 1/2 of the donation per building shall be due and paid at the time of the issuance of the Certificate of Occupancy for the building. No Certificate of Occupancy shall be issued unless the total donation per building has been paid for that building.
In the event of a detached single family residential cluster, the overall cluster development must meet the requirements for land dedicated for common use as described in Section 21-22.2.b.1.(c), including the provisions that the land dedicated for common use be a minimum of 25% of the total area of the development (principal and discontinuous tracts) and that an area dedicated for common use be a single usable area that is a minimum of 50% of the total dedicated area or 5 acres, whichever is greater.
The total permitted number of units to be constructed on the principal tract shall be calculated as follows:
a. The calculation for the number of units permitted for the principal tract shall be the area of the principal tract in acres times the permitted density for the zone of the principal tract. In the event that the principal tract is split zoned, the permitted density shall be calculated utilizing the relative areas and densities of the principal tract for each of the zones. In the event that the principal tract is located in an overlay zone, the density utilized shall be that which is permitted for the specific permitted use to which the principal tract is to be developed.
b. The calculation for the number of units that shall be calculated for a discontinuous tract shall be that which is permitted for a single family residential cluster subdivision in the zone in which the discontinuous tract is located. In the event that the discontinuous tract is located in a non-residential zone, or the applicant is utilizing the alternative of donating $200,000 per acre to the Open Space Trust Fund, the number of units shall be calculated utilizing the area of the discontinuous tract and the density of the proposed permitted use in the zone or overlay zone in which the principal tract is located. In the event that the principal tract is split zoned, the density used shall be the average density permitted on the principal tract (the total units permitted on the principal tract as calculated in "a" above divided by the total acreage of the principal tract).
c. The total number of units permitted to be constructed on the principal tract shall be the sum of the units in "a" and "b" provided that:
1. There is no limit as to the total number of units to be constructed in the zone in which the principal tract is located.
In the event that there is a limit to the total number of units that can be constructed in the zone, the total number of units permitted on the principal tract shall not exceed the sum of "a" and "b" above, less any units that exist or have been approved for construction on other tracts in the subject zone.
2. The proposed development substantially complies with the bulk requirements for the zone for the specific permitted use.
For clarification of this requirement, it is understood that many developments require one or more "bulk" variances, and that the provisions of the MLUL with regard to the granting of "bulk" variances may be applicable in certain circumstances. However, it is the intent of this provision to require developments that substantially comply with the "bulk" provisions of this Ordinance for the specific use, rather than to relax those standards for the sole purpose of allowing the number of units calculated above to be constructed on the site. More specifically, it is the intent of this provision of the Ordinance that the "appropriate population density" of the principal tract is the lesser of that which is calculated above, and that which may reasonably be constructed on the principal tract utilizing the bulk criterial for the specific use in the specific zone.
a. Exterior alterations which substantially change the residential character and nature of a building for the purpose of changing the use of the building, such as from a residence to a home professional office, shall not be permitted in any residential zone unless otherwise specifically permitted in this chapter.
b. There shall be no more than one principal residential building or dwelling unit erected or established on any one lot in any residential zone, except, where multifamily buildings or townhouses are permitted, more than one building or dwelling unit may be erected in conformance with development standards of that zone.
c. If a conflict arises between the permitted number of units of residences per acre and the development standards, the more restrictive standard will take precedence. Development standards are lot size, setbacks, and similar limiting provisions. This conflict may arise due to unsuitable geology of land, unusual shape, or other factors which prevent the full use of the land and still meet all development standards.
d. Outside storage of inoperable vehicles or vehicles not currently registered, licensed, insured, or being used for transportation shall not be permitted for more than 30 days.
e. Any individually registered commercial vehicle longer than 22 feet in length or 10 feet in height measured from the highest point of said vehicle excluding exhaust stacks and antennae or having a registered weight of 18,000 pounds or more, shall be prohibited from standing or parking on any property located in any residential zone.
a. Use and Occupancy Regulations. For the reasons stated in paragraph b. below, the use and occupancy of detached dwellings throughout all residential districts shall be restricted to families only as defined in this subsection.
b. Purpose. The preservation of "family style living" and the preservation of the character of residential neighborhoods as such are legitimate zoning goals. The Township of Ocean is concerned with maintaining the stability and permanence generally associated with single family occupancy throughout its residential neighborhoods. A municipality may endeavor, by legitimate means, to secure and maintain the blessings of quiet seclusion and to make available to its inhabitants the refreshment of repose and the tranquility of solitude. The Township of Ocean possesses these goals and, by the regulation herein contained, implements them in a manner which bears a reasonable relationship to the problem sought to be ameliorated. That problem is the use and occupancy of single family dwellings interspersed among the residential neighborhoods of the community, by groups of individuals whose living arrangements, although temporarily in the same dwelling unit, are transient in nature and do not possess the elements of stability and permanency which have long been associated with single family occupancy. Such living arrangements are not compatible with the family style living sought to be preserved. Such occupancies are in the nature of rooming houses, boarding homes, hotels, motels, and the like. Such uses do not meet the definition of family as contained in this subsection and are prohibited in detached dwellings in all residential zones. This subsection provides zoning classifications which allow for ample apartment and townhouse uses, and there are presently many such uses in existence through the Township. Ample housing exists within the Township of Ocean for those who choose to live under arrangements which do not meet the definition of family as provided in this subsection.
The purpose of the R-1 residential zone is to provide for and protect the character of the existing low density residential areas. The provisions and regulations set forth herein encourage the future development and maintenance of this area as a residential area for strictly residential purposes by prohibiting commercial development or conversions to commercial or multifamily housing.
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 and structures.
1. Single family residential dwellings within a non-cluster or a cluster development
2. Family Day Care Home
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 special 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 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 and first aid squads.
2. Public utility installations.
3. Houses of Worship
4. Public and Parochial schools.
5. Farms.
6. Satellite antenna dishes greater than one (1) meter in diameter.
7. Golf Course/Country Clubs
8. Rehabilitation and vocational training center for the physically and/or neurologically disabled
The R-1 residential zone specified herewith shall be occupied only as indicated below and in the Schedule which is attached to this chapter:
a. Single-Family (Non-Cluster).
1. Principal buildings.
(a) Minimum lot size - 40,000 square feet
(b) Minimum lot width - 150 feet
(c) Minimum lot depth - 150 feet
(d) Minimum front yard setback (measured from the future street R.O.W.) - 50 feet
(f) Minimum both side yard setbacks - 40 feet
(h) Minimum gross floor area
Two story dwellings:
First floor minimum - 1,400 square feet
Overall minimum - 2,700 square feet
One and one-half story dwellings:
First floor minimum - 1,600 square feet
Overall minimum - 2,500 square feet
Single story dwellings - 2,300 square feet
(i) Maximum lot coverage
impervious - 75% 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.
b. Single-family (Cluster).
1. General requirements and provisions for cluster residential development. The purpose of this paragraph is to provide a method of development for residential land which will nevertheless preserve desirable open spaces, including flood plain areas, recreation and park areas and lands for other public purposes, by reducing the lot sizes without increasing the number of lots permitted.
(a) A cluster residential development for single-family dwelling purposes shall occupy 20 acres or more and shall be a permitted use at the discretion of the Planning Board in any single-family zone. Adjacent properties may be added on to and incorporated into an existing cluster subdivision provided they are integrated with the existing cluster subdivision via common access and the area dedicated for common use meets the requirements for the overall subdivision. Where adjacent properties in a residential zone have already been developed in accordance with the cluster area requirements for the residential zone, and the proposed subdivision is not integrated into the existing cluster subdivision, the 20 acre minimum requirement shall be reduced to ten acres and five acre dedication may be reduced to three acres, provided that the Planning Board determines that the additional cluster use is not detrimental to the intent and purpose of this zone or the surrounding existing residential uses.
A single cluster residential development may be permitted on a single tract which is located in more than one residential zone provided that cluster residential development is permitted in each of the zones and provided that all lots conform to the requirements of the individual zone in which they are located. In such instances, density shall be calculated separately for the portion of the tract in each separate zone.
(b)The proposed development shall follow all applicable procedures, standards and requirements of the ordinance governing the subdivision of land.
(c) There shall be dedicated for common use a minimum 25 percent of the gross acreage in the cluster subdivision. This percentage shall not include streets. Of the area dedicated for common use, a minimum of 50% or 5 acres, whichever is greater, shall be a contiguous, usable area as determined by the municipal agency, and be free of floodway, flood hazard area, or slopes width gradients over 15%. In no event shall the area to be dedicated for common use be fragmented into small, unusable parcels except to conserve critical environmental areas. The Municipal Agency shall, prior to reaching its determination, confer with other interested municipal agencies as to the advisability of accepting the lands to be dedicated, and their use.
(d) At the discretion of the Planning Board, the subdivider may be allowed to reduce the minimum lot frontage, minimum lot width, minimum lot depth, and minimum lot area in accordance with the provisions of this section.
(e) A portion of the land to be donated for public purposes shall be at least a usable, single, five acre tract.
(f) All lands within the subdivision other than streets and building lots shall be under the ownership of a legally created nonprofit homeowners association which shall run with the land and be included in the deed according to State statutes, or shall be deeded to the municipality for public purposes. The Planning Board at its discretion may choose which method is to be used and which lands are to be so dedicated.
(g) Lands to be deeded for public purposes shall be located, shaped, improved and developed as required by the Planning Board which shall consider the suitability, physical condition, and location of the lands in regard to its proposed uses and to the needs of the municipality in reaching its determination.
(h)Should the subdivision consist of a number of development stages, the Planning Board may require that acreage and improvements proportionate in size to the stage being considered for final approval be donated to the municipality simultaneously with the granting of final subdivision approval for the particular stage even though these lands may be located in a different section of the overall development.
(i) The Planning Board shall state the specific use or range of uses for which the donated public lands will be used, and this shall be included in the resolution approving the subdivision.
2. Principal buildings.
(a) Minimum lot size - 30,000 square feet
- 150 feet (corner lot)
(c) Minimum lot depth - l50 feet
(d) Minimum front yard setback (measured from the future street R.O.W.) - 50 feet
(f) Minimum both side yard setbacks - 40 feet
(h) Minimum gross floor area
(1) Two story dwellings:
First floor minimum - 1,200 square feet
Overall minimum - 2,400 square feet
(2) One and one-half story dwellings:
First floor minimum - 1,300 square feet
Overall minimum - 2,300 square feet
(3) Single story dwellings - 2,000 square feet
(i) Maximum lot coverage
impervious - 75% of buildable lot area
(j) Maximum density - 1.0 units per acre of total lot area (Amended 01/05/94 - Ordinance 1657)
(k) Maximum building height - 35 feet
(l) Maximum stories - 2 stories above grade
3. Accessory buildings and uses. All accessory buildings and uses in a cluster arrangement shall conform to the development standards of accessory buildings and uses in the non-cluster arrangement.
