§ 276-22. BB Bayside Business., Article IV. District Regulations, Chapter 276. Land Development, Part II. General Legislation, Code of Ordinances, North Wildwood

Purpose statement.

(1)

The purpose of the BB Bayside Business Zone is to provide for an appropriate mix of water-dependent uses designed to maximize the use of the City's bayside waterfront and to enhance the opportunities for economic development in the form of ecotourism in the City.

(2)

In addition to the regulations established herein, the expansion, extension, improvement or renovation of structures and properties of the BB Zoning District may be subject to the requirements of the Coastal Area Review Act (N.J.A.C. 7:7E-1.1 et seq.) (CAFRA) and the New Jersey Department of Environmental Protection Waterfront Development Regulations, as well as other relevant regulations of governmental agencies having jurisdiction over lands within the boundary of tidal waters.

(3)

The zone boundary lines for the Bayside Business (BB) Zoning District are to be modified to reflect current parcel geometry.

Principal permitted uses and structures on the land and in buildings:

(1)

Water-dependent uses (as defined in § 276-7).

(a)

Development that cannot physically function without direct access to the body of water along which it is proposed. Uses, or portions of uses, that can function on sites not adjacent to the water are not considered water-dependent, regardless of the economic advantages that may be gained from a waterfront location. Maritime activity, commercial fishing, public waterfront recreation and marinas are examples of water-dependent uses, but only the portion of the development requiring direct access to the water is water-dependent. The test for water dependency shall assess both the need of the proposed use for access to the water and the capacity of the proposed water body to satisfy the requirements and absorb the impacts of the proposed use. A proposed use will not be considered water-dependent if either the use can function away from the water or if the water body proposed is unsuitable for the use. For example, in a maritime operation, a dock or quay and associated unloading area would be water-dependent, but an associated warehouse would not be water-dependent.

(b)

Examples of water-dependent uses include, but are not limited to: docks; piers; marina activities requiring access to the water, such as launching, commissioning or decommissioning of new and/or used boats and/or watercraft; boat storage/repair; automobile parking for persons participating in a water-dependent activity; port activities requiring the loading and unloading of boats; residential uses limited to vessels designed and manufactured for such purpose, registered as a vessel by the State of New Jersey, provided that such vessels are able to navigate under their own power or by sail and are connected to municipal or otherwise approved water and sanitary infrastructure (portable sanitary facilities are expressly prohibited in meeting this test); and water-borne recreational activities.

(c)

Examples of uses which are not water-dependent include but are not limited to: land-based housing; hotels and motels; warehousing; manufacturing facilities; automobile parking for persons not participating in a water-dependent activity; and non-water-borne recreational activities.

(2)

Watercraft sales and rentals and ancillary uses commonly associated with such use.

(3)

Water-oriented uses (see § 276-7 for definition) as conditional uses under N.J.S.A. 40:55D-67, provided that the following conditional use facilities take full advantage of any waterfront location:

(a)

Hotels and motels, (see § 276-7 for definition).

(b)

Eating and drinking establishments, including restaurants and specialty food outlets (including those with window service for take-out fare), but excluding drive-in or fast-food restaurants.

(c)

Bars (defined as an establishment serving alcoholic beverages, but not food) and taverns (defined as an establishment serving alcoholic beverages and cooked-to-order food which is prepared and served on the premises).

(d)

Specialized entertainment venues, such as theaters, arenas, amphitheaters, aquariums, museums (cultural or popular), and other like and similar attractions.

(e)

Public utilities' central substations (see § 276-7 for definition), subject to the following:

[1]

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;

[2]

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;

[3]

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. Barbed-wire-topped fences or similar trespassing-deterrent devices are expressly discouraged; and

[4]

Off-street parking shall be provided as determined by the needs of the facility.

(4)

Age-restricted housing (see § 276-7 for definition).

(5)

New detached single-family dwelling units, single-family semidetached (duplex) dwelling units and two-family stacked (multistory) dwelling units will be permitted subject to the following area, yard, height and off-street parking standards:

(a)

Area and yard requirements.

[Amended 4-7-2020 by Ord. No. 1796]

Category		Detached Single-Family Dwellings	Single-Family Semidetached (Duplex); Two-Family Stacked (Multistory)
Principal building, minimum
	Lot area	4,000 square feet	6,000 square feet
	Lot frontage	40 feet	60 feet
	Lot width	40 feet	60 feet
	Lot depth	100 feet	100 feet
	Side yard (each)	6 feet	10 feet
	Front yard	10 feet	10 feet
	Rear yard	10 feet	10 feet
	Maximum building coverage (all buildings)	70%	70%
	Maximum impervious lot coverage (all buildings and impermeable surfaces)	80%	80%
Accessory building, minimum
	Distance to side line	4 feet	4 feet
	Distance to rear line	4 feet	4 feet
	Distance to other building	8 feet	8 feet

NOTES:
	For existing detached single-family dwelling units which were constructed prior to 1986 and for structures containing two units, both of which are single-family dwelling units (i.e., residential duplexes) which were constructed prior to 1986, new open porches, open above-ground decks, stairs, stair landings and/or steps providing access to the first floor of the structure shall be permitted to extend into the front yard setback area, but if so extended, a minimum distance of 5 feet to all property lines shall be maintained.
	Eaves, cornices or overhangs more than 10 feet above lot grade may project into yard setback areas a maximum of 24 inches. In order to create an aesthetically pleasing building facade along the side of a building which fronts a street, bay windows or other architectural detailing more than 10 feet above lot grade may extend into the front yard setback a maximum of 24 inches.

(b)

Maximum building height. No building height shall exceed 36 feet, or three stories, whichever is less, in height from the base flood elevation (BFE), except as allowed as follows:

[1]

Height limits. 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, HVAC equipment or similar equipment required to operate and maintain the building.

[b]

Skylights, spires, cupolas, flagpoles, chimneys or similar structures.

[c]

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.

(c)

Minimum off-street parking. Each individual use shall provide parking spaces according to the following minimum provisions:

[1]

All dwelling units described in this chapter 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/developer 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.

[2]

Places of worship shall provide one space per every three permanent seats. (One seat shall be considered 22 inches in calculating the capacity of pews or benches.)

[3]

See § 276-35, Off-street parking, loading areas and driveway, for additional standards.

(6)

Wireless antennas, provided that new antennas utilize co-location or are installed on existing structures.

Accessory uses permitted:

(1)

Off-street parking.

(2)

Fences and walls.

(3)

Signs.

(4)

Off-street parking and private garages [see § 276-22G hereinbelow and § 276-35 (Off-street parking, loading areas and driveways)]. Detached garages to the principal structure 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.

(5)

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.

(6)

Recreational facilities as are usual and customary to a permitted principal use.

(7)

Temporary construction trailers and one sign not exceeding 50 square feet advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction, beginning with the issuance of a construction permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, provided said trailer(s) and sign are on the site where construction is taking place and set back at least 10 feet from all street and lot lines.

(8)

For lots which abut the City's canals or bayside waterways, boat slips for the tie-up of private boats owned and/or used by the residents of the premises and/or rented to other private individuals on a contractual basis. All boats shall be licensed as required with the appropriate agencies.

(9)

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. Suggested plant species are referenced in Appendix A.

Editor's Note: Appendix A is on file in the City offices.

(10)

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 not permitted in the front 50% of a side yard setback; and as to any such equipment that is located in a side yard setback, it shall be screened so as to not be visible from any street or adjoining property when viewed from ground level. 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 section are exempt from this regulation.

(11)

Solar energy systems (see Article XII).

(12)

Christmas tree sales. The annual sale of Christmas trees is permitted between December 1 and December 25, inclusive.

(13)

Public election voting places. The provisions of this chapter shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

(14)

Outdoor dining areas with tables on the water's edge of the property and/or sidewalk in front of or on the side of the non-automobile-oriented restaurants and specialty food outlets premises. Outdoor dining areas shall take place on site but not be located in the public sidewalk and/or public/street right-of-way for permitted uses, unless approved by Mayor and Council. Examples include: meat and/or seafood restaurants or take-out establishments; non-automobile-oriented restaurants, defined as nonalcoholic-beverage-service restaurants with sit-down table service which exclude drive-in facilities and/or fast-food restaurants. Outside tables and seats may be situated outside of the building on the parcel/lot, or on elevated and/or floating docks, but not in the public/street right-of-way, unless approved by Mayor and Council. No operation of a business in the BB Zoning District shall be located in such a way that less than five feet of paved sidewalk remains for the exclusive use of the traveled way for pedestrians, nor shall any such operation of the business or outside tables and seats project or protrude into, on or above the required five-foot-wide pedestrian passageway.

(a)

The hours of operation of outdoor dining areas shall be limited to the hours of operation of the associated restaurant. In no event shall hours of operation go past 12:00 midnight.

(b)

Outdoor dining is defined as any part of a food establishment located outdoors. See also § 276-22G. Outdoor dining is permitted in locations subject to the exclusive approval of the Mayor and Council. The inclusion of outdoor dining will not require any additional parking based upon the number of permitted tables and/or permitted seats.

(c)

Parklets shall be permitted in locations subject to the exclusive approval of the Mayor and Council.

(d)

Adequate lighting shall be provided to promote safe passage of pedestrians and for patrons.

(e)

Awnings and/or umbrellas may be used in conjunction with the outdoor dining areas. Awnings shall be adequately secured. Awnings, including supporting structures, must be within the property line. The bottom of the awning shall be seven feet from the ground.

(f)

Dockage for recreational boats is permitted, where legally part and parcel to the property. Adequate staff to assist in docking is required. Adequate dockage security is needed for eating, drinking establishments and bars to screen patrons below the minimum alcoholic beverage age entering the establishment from waterside dockage.

Maximum building height. Hotels and motels are permitted to a maximum building height of 65 feet from the base flood elevation (BFE) or six stories, whichever is less. No other permitted use shall have a building height that shall exceed 36 feet in height from the BFE or three stories, whichever is less, except as follows:

(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, HVAC equipment or similar equipment required to operate and maintain the building.

(b)

Skylights, spires, cupolas, flagpoles, chimneys or similar structures.

(c)

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.

Area and yard requirements.

Category		Requirement
Principal buildings, minimum
	Lot area	3,000 square feet
	Lot frontage	30 feet
	Lot width	30 feet
	Lot depth	100 feet
	Side yard (each)	6 feet
	Front yard	10 feet
	Rear yard	15 feet
Maximum coverage of principal building		60%
Maximum lot (impervious) coverage		75%
Accessory building, minimum
	Distance to side line	4 feet
	Distance to rear line	4 feet
	Distance to other building	4 feet
Floor area ratio		0.75

NOTES:
	No building or addition constructed thereon shall be constructed under this subsection on a lot less than 30 feet wide without variance relief.

General requirements.

(1)

Any principal building may contain more than one permitted use and/or organization, provided that the total building coverage of the combined activities does not exceed the maximum building coverage specified for the district and, further, that any building shall have a maximum of three permitted uses within it, and that each activity occupies a minimum gross floor area of 750 square feet for individual uses.

(2)

Merchandise, products, equipment or similar materials or objects can be displayed or stored outside so long as the merchandise, products, equipment or similar materials or objects shall be located/installed in such a manner that they do not interfere with or are not located in the sidewalk and/or sidewalk area to prevent free travel of pedestrians.

(3)

All areas not utilized for buildings, parking, loading, access aisles, driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings and maintained in good condition. Suggested plant species are referenced in Appendix A.

Editor's Note: Appendix A is on file in the City offices.

(4)

The conditional uses in the BB District shall be subject to review by the Planning Board for a determination of the appropriateness of the proposed use as it relates to existing adjoining uses and the community at large.

(5)

No use creating a nuisance as determined by the City under applicable codes and regulations shall be permitted.

(6)

(7)

Landscaping shall be provided in the front yard area and shall be reasonably distributed throughout the entire front yard area. Suggested plant species are referenced in Appendix A.

Editor's Note: Appendix A is on file in the City offices.

(8)

Bicycle racks shall be located on the business site, with a minimum capacity of seven bicycles. No locking mechanisms need to be provided. The racks shall be located/installed in such a manner that they do not interfere with or are not located in the public/street right-of-way and/or sidewalk area.

Minimum off-street parking. Each individual use shall provide parking spaces according to the following minimum provisions. Where a permitted use of land includes different specific activities with different specific parking requirements, the total number of required parking spaces shall be obtained by individually computing the parking requirements for each different activity and adding the resulting numbers together.

(1)

Water-dependent uses, watercraft sales and rentals and ancillary uses shall provide parking at the ratio of one space per 150 square feet of gross floor area.

(2)

Hotels and motels shall provide two spaces per room, plus one space for every 10 seats provided in ancillary restaurant and convention facilities.

(3)

Eating and drinking establishments, including restaurants and specialty food outlets, bars and taverns shall provide a minimum of one space for every four seats, but in all cases a sufficient number of spaces to prevent any parking along public rights-of-way or private driveways, fire lanes and aisles.

(4)

Water-dependent uses and any other permitted uses shall provide parking as determined during site plan review.

(5)

Outdoor seating/dining areas intended for use during spring, summer and autumn months shall not be considered when calculating the number of parking spaces required by this subsection.

(6)

All residential dwelling units described in this chapter 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/developer 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.

(7)

See § 276-35 for additional standards.

Permitted signs.

(1)

Each individual use in an individual building may have one primary sign attached to the building not exceeding an area equivalent to 5% of the first-floor portion of the front facade or 50 square feet, whichever is smaller. Each individual use may have one freestanding sign along each road on which the tract in question abuts. Such sign shall not exceed a height of 25 feet, shall be set back from the street rights-of-way and driveways at least five feet, or shall be set back from any property line a minimum of five feet, shall not exceed an area of 150 square feet, and shall be used only to display the individual activity name. Where an individual activity has direct access from the outside, a sign not exceeding four square feet identifying the name of the activity may also be attached to the building at the entrance to the activity.

(2)

Bars and taverns in an individual building may have one primary sign attached to the building not exceeding an area equivalent to 5% of the first-floor portion of the front facade or 50 square feet, whichever is smaller. Each individual use may have one freestanding sign along each road on which the tract in question abuts. Such sign shall not exceed a height of 25 feet, shall be set back from the street rights-of-way and driveways at least five feet, or shall be set back from any property line a minimum of five feet, shall not exceed an area of 150 square feet, and shall be used only to display the individual activity name. Where an individual activity has direct access from the outside, a sign not exceeding four square feet identifying the name of the activity may also be attached to the building at the entrance to the activity. Eating and drinking establishments, including restaurants and specialty food outlets, and bars and taverns shall have a total maximum of 500 square feet of signage on the property.

(3)

"Open for business" window signs, if located in a storefront window, shall be excluded from the overall sign calculations as long as the sign does not exceed 10 square feet in area. Signs, typically the A-frame/sandwich-board style, ancillary to the permitted use shall be permitted on the sidewalk area, at the curb or against the building wall. The sign shall not exceed four square feet, identifying the name of the location, exclusive of the cumulative sign square feet requirement. No operation of a business in the BB Zoning District shall be located in such a way that less than five feet of paved sidewalk remains for the exclusive use of the traveled way for pedestrians, nor shall any such operation of the business or outside tables and seats project or protrude into, on or above the required five-foot-wide pedestrian passageway. Signs in this style shall be a maximum of eight square feet. All signs as permitted by this subsection must be removed when the business is closed for operation. On corner properties/street intersections, no handicapped sidewalk curbs ramps shall be blocked by said signs.

(4)

Temporary sign banners, such as "clearance," "sale," "end of year," etc., are permitted to be attached to the building facade so long as the banner is not posted for more than 10 calendar days.

(5)

All signs on one property shall conform in character with all other signs in the complex and shall blend with the overall architectural scheme of the property.

(6)

All exterior signs shall identify uses, activities or functions of the development on which the sign is located. No advertising of any product, use or activity outside of the development is permitted.

(7)

Signage for similar project elements on one property shall be coordinated and similarly themed to provide a unifying style. All signs for individual uses shall conform in character with all other signs on the property. This regulation shall not be construed to mean that all signs must be identical or to prohibit unique sign designs where necessary and appropriate, but rather that, absent specific justification (i.e., branding/themeing requirements for themed retail outlets or food and beverage outlets), sign design shall be complementary and consistent.

(8)

No vacant signs or sign boxes shall be permitted. Where vacancies occur, corresponding signage shall be immediately replaced with general development or other appropriate signage. Similarly, any sign which falls into a state of disrepair shall immediately be repaired or replaced.

(9)

All signs must be professionally designed and constructed. Homemade-type plywood, coroplast or cardboard signs or home-computer-generated-type signs are expressly prohibited.

(10)

Sign lighting shall be appropriate for the type and style of sign proposed and may include LED, neon or other illumination. Similarly, the use of neon lighting or similar material to create sculptural logo or iconographic images is encouraged.

(11)

See § 276-40 for additional standards.

Minimum off-street loading; trash and garbage locations.

(1)

The need for, location and design of off-street loading and unloading areas shall be considered and determined at the time of site plan review. Off-street loading and unloading areas shall take place on site but not in the public street right-of-way.

(2)

The need for, location and design of trash and garbage locations shall be considered and determined at the time of site plan review. Recycling, trash and garbage loading and unloading areas shall take place on site but not in the public street right-of-way.

(3)

Each use must include provisions for the collection, disposition and recycling of recyclable materials, including newspapers, leaves, white high-grade paper, glass bottles and jars, aluminum, corrugated cardboard, and tin and bimetal cans. The amount of recyclable material generated weekly by each use shall be quantified and reviewed during site plan review to determine whether the storage area to contain a week's accumulation of recyclable material is adequate in size and location. The storage area shall be designed for truck access for pickup of materials and be suitably screened from view if located outside a building.

(4)

Recycling, trash and garbage loading and unloading areas shall be marked with yellow cross-striping pavement markings and marked with signage and as "No Parking or Standing Zones" if adjacent to automobile traffic or parking areas.