§ 276-17. GA Garden Apartment.  


Latest version.
  • A. 
    Principal permitted uses on the land and in buildings:
    (1) 
    Garden apartments. For the purposes of this section, "garden apartment" is defined to mean: a multifamily structure designed to resemble (and conform to bulk requirements for) a townhouse, except that dwelling units in garden apartments may be placed in a horizontal configuration (i.e., one dwelling unit above the other, for a maximum of one first floor unit and one second floor unit).
    (a) 
    Individual garden apartment buildings shall contain not fewer than three and not more than eight pairs of stacked dwelling units. Each such dwelling unit shall have an independent means of ingress and egress as well as individual sleeping, full-service cooking, sanitary and general living facilities (all internal to the unit).
    (b) 
    Each garden apartment dwelling unit shall be a minimum of 600 square feet and a minimum of 24 feet wide.
    (c) 
    Exterior (end) lots shall be a minimum 36 feet wide in order to contain a twenty-four-foot-wide unit and a twelve-foot-wide side yard setback, which shall be used as a driveway. In the alternative, exterior lots may be 24 feet wide, provided that an additional twelve-foot side yard setback (under some form of common ownership) is maintained. Garages and off-street parking for garden apartment buildings shall be accessed from the rear of the building, which shall be accessible from a loop road employing common end-unit driveways.
    (d) 
    No garden apartment building in the GA Zoning District shall be constructed unless the development is part of an approved site plan and unless the following minimum standards are met, in addition to other applicable requirements of this chapter.
    (2) 
    Public playgrounds, public conservation areas, public parks, public open space and public purpose uses.
    (3) 
    Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, and all other entities which may in the future be set forth in N.J.S.A. 40:55D-66.1 and N.J.S.A. 40:55D-66.2; and the requirements for all of those residences shall be the same as for § 276-15 within this zone.
    B. 
    Conditional uses permitted:
    (1) 
    Public utilities' central substations (see § 276-7 of Article II for definition), subject to the following:
    (a) 
    The proposed installation in a specific location must be necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located.
    (b) 
    The design of any structure in connection with such facility must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding area.
    (c) 
    Adequate fencing and other safety devices shall be provided and shall be installed in accordance with the applicable requirements of the New Jersey Board of Public Utilities and/or other applicable codes.
    (d) 
    Site landscaping shall be provided in sufficient quantity and placement in order to create a visual buffer from all public rights-of-way or adjacent properties.
    (e) 
    Off-street parking shall be provided as determined by the needs of the facility.
    (2) 
    Senior citizen housing as conditional uses under N.J.S.A. 40:55D-67 (see § 276-46 for standards).
    C. 
    Accessory uses permitted:
    (1) 
    Noncommercial recreational facilities.
    (2) 
    Off-street parking and private garages (see below and § 276-35, Off-street parking, loading areas and driveways). Integrated garages and off-street parking for garden apartment buildings shall be accessed from the rear of the principal building, which shall be accessible from a loop road employing common end-unit driveways. Detached garages to the garden apartment principal structure, on the same lot/parcel, shall require the front of the garage to be set back a minimum of 20 feet from the front facade of the principal structure, not exceeding 15 feet in height, and altogether not exceeding 400 square feet in gross floor area.
    (3) 
    Private residential sheds for the storage of objects by the residents of the property, on the same lot/parcel, each not exceeding 15 feet in height from grade/ground elevation, and altogether not exceeding 150 square feet in gross floor area. All residential sheds must be anchored in accordance with § 276-51B(6)(a) to prevent flotation, collapse, or lateral movement of the structure. Private residential sheds may not encroach into the front yard required for the residential use in the zoning district in which it is located.
    (4) 
    Fences and walls (see § 276-30, Fences, walls and sight triangles).
    (5) 
    Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front yard of any principal structure and/or lot. Air-conditioning/HVAC compressor units and emergency electrical generators are part and parcel and are a part of the principal structure located on the property and, as such, are not permitted within the side yard and rear yard setbacks of the property. Temporary (i.e., removable) window air-conditioning units and temporary ductless air-conditioning/HVAC compressor units that do not project more than one foot beyond the existing structure are permitted when incorporated into an existing building by way of renovation. Replacement of in-kind units, without any increase in footprint size, located in the setback area prior to the adoption of this chapter are exempt from this regulation.
    (6) 
    Signs (see § 276-17I hereinbelow and § 276-40, requirements for signs).
    (7) 
    Public utility cabinet(s) not exceeding three feet in height, with adequate landscaping screening as necessary, and not located in sight triangle easements at street corner intersections. It is recommended that public utility cabinet(s) be located underground in watertight vaults.
    (8) 
    Public utility lines for the transportation, distribution, or control of water, electricity, gas, oil, steam, CATV and telephone communications, and their supporting members, other than buildings or structures, shall not be required to be located on a lot, nor shall this chapter be interpreted as to prohibit the use of a property in any zone for the above uses. All public utility lines shall be located in the utility strip if paralleling the street and shall be installed underground as practical as possible.
    (9) 
    Handicapped access to residences. A ramp to provide handicapped access to single-family detached dwellings, twin or two-family dwelling units, duplexes and semidetached dwelling units may encroach into the front, side or rear yard required for the residential use in the zoning district in which it is located, provided:
    (a) 
    The intrusion shall be into the front yard only if it is impossible to provide handicapped access to the side or rear of the residential premises.
    (b) 
    A handicapped person resides or will reside in the dwelling.
    (c) 
    The intrusion into the front, side or rear yard shall not be allowed any closer than five feet to the applicable property line.
    (d) 
    The applicant for handicapped access ramp approval shall demonstrate to the Zoning Officer that there is no other way than that proposed to construct a handicapped ramp so as not to protrude into the front, side or rear yard.
    (e) 
    The ramp shall be constructed so as to comply with all applicable construction standards as to size, slope and other details.
    (f) 
    The foregoing approval shall only be permitted in conjunction with residential housing defined in the Zoning Ordinance as single-family detached, twin or two-family, duplex, or semidetached. No such approval shall be granted in connection with any other type of housing, and no such approval shall be granted in any case with regard to commercially used property.
    (g) 
    A certification from the Zoning Officer shall be required indicating compliance with all the aforesaid requirements before a construction permit may be issued for the proposed ramp.
    (10) 
    Satellite dish antennas. All satellite dish antennas shall be no larger than four feet in diameter, located on the principal structure or as an accessory structure meeting accessory structure yard requirements stated below and located in the rear yard. For all practical purposes, satellite dish antennas shall not be seen from the front facade of the building or the street right-of-way. Dwelling units shall have access to a master television antenna system, and individual units may not erect individual external television antennas and/or satellite dish antennas.
    (11) 
    Home occupations (see § 276-7 for definitions and requirements).
    (12) 
    Solar energy systems (see Article XII).
    D. 
    Maximum building height: 36 feet in height from the base flood elevation (BFE) or three stories, whichever is less.
    (1) 
    The following structures may be erected above the heights prescribed by this chapter, but in no case shall the height of any of these appurtenances exceed a height equal to 10% more than the maximum height permitted for the particular use in the zoning district:
    (a) 
    Mechanical rooms and other roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning HVAC equipment or similar equipment required to operate and maintain the building.
    (b) 
    Skylights, spires, cupolas, flagpoles, chimneys or similar structures; safety enclosures of rooftop areas of hotels and motels used for sundecks and other recreational purposes.
    (2) 
    Cellular telephone antennas and/or associated equipment are expressly excluded from this provision.
    E. 
    Area and distance requirements.
    Category
    Requirement
    Principal buildings, minimum
    Lot area
    40,000 square feet
    Residential density (dwelling units per gross acre of land)
    30
    Lot frontage
    200 feet
    Lot width
    200 feet
    Lot depth
    200 feet
    Side yard (each)
    5 1/2 feet
    Front yard
    10 feet
    Rear yard
    30 feet
    Maximum building coverage
    70%
    Accessory building, minimum
    Distance to side line
    4 feet
    Distance to rear line
    4 feet
    Distance to other building
    4 feet
    Maximum impervious area
    80%
    Minimum separation between buildings
    Front of building on public street
    10 feet
    Front of building on private street
    10 feet
    Side of buildings
    15 feet
    Rear of building
    25 feet
    Total minimum separation between buildings
    The sum of 2 abutting distances
    Maximum building height
    35 feet
    NOTES:
    All portions of the tract not utilized by buildings or paved surfaces shall be landscaped, utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage, and the planting of conifers and/or deciduous trees native to the area, in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas.
    No building or addition constructed thereon shall be constructed under this subsection on a lot less than 30 feet wide without variance relief.
    Excluding any land covered with water.
    The corner of a building offset more than 20° from a line drawn parallel to another building shall be considered a "side" of the building.
    F. 
    Special design standards applicable to the GA Zoning District. The following building design standards and treatment are the minimum required in the GA Zoning District. Such standards shall apply to all development in this zoning district. While specific themeing for development in the GA Zoning District is not recommended, designers are strongly encouraged to recognize the historic setting of North Wildwood as a seashore resort when designing the proposed development. It is required that the following regulations shall be treated as design elements for each new development subject to "c" variance relief or conditional use standards subject to "d" variance relief should requirements not be met.
    (1) 
    Each building and complex of buildings shall be designed and architecturally treated to provide attractiveness to the development as a whole, the individual buildings and units therein and to complement, where appropriate, adjacent land uses. Variations in design and treatment in the form of the orientation of buildings to the natural features of the site, their relationship to other buildings both on and adjacent to the site, and from such features as varied unit widths, differentiation of exterior materials, changing rooflines and roof designs, variation in building and unit height, changing of window types, shutters, doors, porches and exterior colors, is required. To facilitate such design and treatment:
    (a) 
    Exterior building architecture shall coordinate form, materials, color and detailing to achieve design harmony and continuity for all building elevations, both within a single structure and between separate structures, as well as between the development and the surrounding neighborhood.
    (b) 
    While the level of finish for secondary (side and rear) facades need not be as detailed as the front (primary) elevation, large expanses of uninterrupted wall space are prohibited. The use of regularly spaced windows, building articulation and/or architectural adornments is required to maximize building aesthetics.
    (c) 
    Colors shall be neutral, earth-tone or traditional palates in order to provide a visual harmony with the surrounding environment. More-vibrant colors may be used for accent purposes.
    (d) 
    While buildings may functionally have entrances on the interior of the development, all buildings that front a public street right-of-way shall be designed to give the appearance that their primary (front) elevation faces such right-of-way.
    (e) 
    Except where used for architectural accent or ornamental purposes, the use of exterior insulation finish systems (EIFS), smooth-faced concrete block (CMU), stucco or stucco-like products (Dryvit or similar) and barnboard (T-111) is prohibited.
    (f) 
    The incorporation of traditional covered front porches and balconies that maximize waterfront views is encouraged. Such elements should be sufficiently sized to accommodate comfortable outdoor seating.
    (g) 
    Except where used for architectural accent or ornamental purposes, the use of prefabricated steel panels and standing-seam metal roofs is prohibited.
    (h) 
    While buildings may be constructed on pilings, exterior foundation walls shall surround all buildings from grade to the start of the siding material.
    (i) 
    Foundation walls, whether structural or not, shall be treated with latticework, brickwork, stucco or organic or manufactured stone to a height of two feet from finished grade. Above two feet, foundations shall be finished with the same materials and in the same architectural fashion as the balance of the subject elevation.
    G. 
    Minimum off-street parking. Each individual use shall provide parking spaces according to the following minimum provisions:
    (1) 
    Garden apartment units shall provide parking spaces in accordance with the standards established by the New Jersey Residential Site Improvement Standards (RSIS) (N.J.S.A. 5:21-1 et seq.). RSIS standards include parking requirements for residential uses based on unit (bedroom) size. If the applicant does not specify the number of bedrooms per dwelling unit, then each dwelling unit shall be subject to the RSIS parking space requirements for a four-bedroom dwelling unit. Each one-car garage space and the driveway leading to the garage space shall together be considered one parking space, provided that the driveway is dimensioned to park a car off-street in accordance with the definition of "parking space" in § 276-7 of this chapter.
    (2) 
    See § 276-35 for additional standards.
    H. 
    Trash, garbage and recycling pickup stations.
    (1) 
    Adequate trash, garbage and recycling pickup stations shall be provided within a totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses by a fence, wall, planting or combination of the three. At least one recycling area shall be provided within the development. Recycling, trash and garbage loading and unloading areas shall take place on site but not in the public/street right-of-way.
    (2) 
    There shall be included in any new development an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the City Recycling Coordinator and shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13).
    (3) 
    The recycling area shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.
    (4) 
    The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area and the bins or containers placed therein against theft of recyclable materials, bins or containers.
    (5) 
    The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.
    (6) 
    Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
    (7) 
    Landscaping and/or fencing, at least six feet in height, shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.
    I. 
    Permitted signs.
    (1) 
    Each garden apartment development may have one sign along each public street which the tract in question abuts, provided there exists at least 250 feet of unbroken frontage. Such signs shall not exceed 10 feet in height, shall be set back from the street rights-of-way, shall not encroach into any sight triangle easement and shall be set back from driveways at least 10 feet, shall be set back from any property line a minimum of 50 feet, shall not exceed an area of 25 square feet, and shall be used only to display the development's name.
    (2) 
    Individual garden apartment dwelling units: only information and direction signs as defined in § 276-40A(5) (requirements for signs).
    (3) 
    See § 276-40 (requirements for signs) for additional standards.
    J. 
    Open space requirements. Land area equal to a minimum of 10% of the tract of land proposed for residential development shall not be covered with buildings or streets and shall be set aside for landscape purposes.