§ 276-23. D & E Dining and Entertainment.

A. 

Purpose statement. The purpose of the Dining and Entertainment (D & E) Zoning District is to revitalize the City's historic "Tavern District" by providing for a critical mass of restaurant, nightlife and such other entertainment-oriented amenities as are customary to such a district, as well as allowing residential above commercial in order to further support the success of the District.

B. 

Principal permitted uses on the land and in structures:

(1) 

Restaurants, including drive-in facilities and fast-food restaurants.

(2) 

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).

(3) 

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

(4) 

Retail sales of goods customarily required/desired by the City's tourist visitor base, including, but not limited to, beach accessory, bicycle and water-sport sales and rental (with bicycle repair); hobby and craft items; books; photographic and video items; seashore-related clothing and dry goods; antiques; artworks; toys; gifts; novelties, notions and variety items; jewelry; and like and similar items. Such use shall be construed to include sales or rental venues (storefronts) for off-site pickup or activity.

(5) 

Retail sales of services customarily required/desired by the City's tourist visitor base, including, but not limited to, barber, beauty and nail services; specialized day spa services; and like and similar personal services.

(6) 

Specialty food and beverage outlets, such as bakeries, candy stores, ice cream parlors, and like and similar uses. Such establishments may be enclosed or open-air and serve in a dine-in or take-out manner.

(7) 

Administrative offices and related facilities as may be necessary and convenient to the provision of municipal, county, state or federal governmental services.

(8) 

Fraternal, social or charitable facilities.

(9) 

Commercial parking facilities owned and/or operated by the City of North Wildwood.

(10) 

Residential flats, as conditional uses. Residential flats above ground-floor permitted principal uses only. Parking must follow the Residential Site Improvement Standards. All requirements of the CBD Central Business Zone for conditional residential use must be met.

(11) 

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

C. 

Accessory structures and uses permitted:

(1) 

Off-street parking (see § 276-23G and § 276-35).

(2) 

Fences and walls (see § 276-30).

(3) 

Signs (see § 276-23H and § 276-40).

(4) 

Garages and storage buildings.

(5) 

Automated teller machines (ATMs), provided that, if accessed from the exterior of a building, such machines shall be installed within the wall of the building; it being the intent not to permit freestanding exterior ATM kiosks. ATM kiosks wholly located and accessed from the interior of a building are permitted.

(6) 

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.

(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. Suggested plant species are referenced in Appendix A.

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

(8) 

Public utility lines. Public utility lines for the transportation and distribution and control of water, electricity, gas, oil, steam, telegraph 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.

(9) 

Solar energy systems (see Article XII).

(10) 

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

(11) 

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.

(12) 

Outdoor dining with tables on the sidewalk in front of or on the side of the non-automobile-oriented restaurant's premises. Outdoor dining shall take place on site but not be located in the public sidewalk and/or public/street right-of-way for food markets and specialty food outlets, excluding those with window service for take-out fare. Examples include: delicatessens; bakeries; candy stores; ice cream stores; meat and/or seafood markets or take-out restaurants; food markets; 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, unless approved by Mayor and Council. Outside tables and seats may be situated outside of the building (except as referenced in the conditional uses section herein) on the parcel/lot but not in the public/street right-of-way, unless approved by Mayor and Council.

(a) 

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

(b) 

Outdoor dining is a separate accessory use, as it is defined as any part of a food establishment located outdoors. 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) 

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

(d) 

Awnings and/or umbrellas may be used in conjunction with the outdoor dining area. 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.

(e) 

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

(13) 

Temporary construction trailers and one sign not exceeding 50 cumulative 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.

D. 

Area and yard requirements applicable to the D & E District.

Category		Requirement
Principal buildings, minimum
	Lot area	4,000 square feet
	Lot frontage	40 feet
	Lot width
	Lot depth	100 feet
Minimum setback
	Side yard (each)	6 feet
	Front yard	0 feet
	Rear yard	15 feet
Maximum building height		36 feet in height from the base flood elevation (BFE) or 3 stories, whichever is less
Maximum coverage of principal building		65%
Accessory building, minimum
	Distance to side line	4 feet
	Distance to rear line	4 feet
	Distance to other building	4 feet
Maximum lot (impervious) coverage		80%

NOTES:
	For the purposes of this section, setbacks shall be clear, unoccupied and unobstructed space measured at right angles between a lot line and the building envelope and shall extend from grade to sky, except for the permitted encroachments detailed in the design standards (§ 276-23F hereinbelow), provided that such encroachments do not inhibit the free flow of pedestrian traffic. Setbacks shall be construed as minimum distances. Greater setbacks are permitted, provided that the specific distances and design relate to the architecture of the subject building elevation, and further provided that the setback area is heavily treated with a combination of elements detailed in the design standards (§ 276-23F hereinbelow).
	Zero-foot setback to the nearest interior property line, provided that two or more adjoining property owners agree to build to this standard, and then only if access to the rear of the building is maintained via a service alley or shared parking.
	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: 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; skylights, spires, cupolas, flagpoles, chimneys or similar structures; and safety enclosures of rooftop areas of hotels and motels used for sundecks and other recreational purposes. Cellular telephone antennas and/or associated equipment are expressly excluded from this provision.

E. 

General requirements applicable to the D & E District.

(1) 

Any principal building may contain more than one permitted use, 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) 

All buildings on a single commercial site shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes.

(3) 

Large blank walls facing Olde New Jersey, New Jersey/Spruce Avenue(s) are prohibited.

(4) 

All buildings located in the district shall have entrance doors set back into an opening allowing for outward egress (for Fire Code purposes) without opening the entrance door onto the sidewalk and/or in the public/street right-of-way.

(5) 

First-floor facades intended for retail use must face the street right-of-way with large, clear storefront glass areas to display the nature of the business and produce an interesting streetscape. Storefront windows may be either typical large, single panes or multiple smaller panes separated by mullions.

(6) 

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 are not displayed within 10 feet of any street curb and shall be located/installed in such a manner that they do not interfere with the free travel of pedestrians. No operation of a business in the D & E 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. All merchandise must be removed when the business is closed for operation.

(7) 

Landscaping shall be provided in the front yard area and shall be reasonably distributed throughout the entire front yard area. All areas not utilized for buildings, parking, loading, access aisles, driveways or on 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.

(8) 

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.

(9) 

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.

F. 

Special design standards applicable to the D & E District. The following design standards shall be considered by the Planning Board, as the case may be, at the time of site plan review in order to enhance the City's tourist economic base while creating an attractive and inviting pedestrian-scaled environment in the D & E Zoning District. Such standards shall apply to all development in this zoning district. While specific themeing for development in the D & E 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) 

The entirety of all building elevations fronting Olde New Jersey, New Jersey/Spruce, Walnut, Chestnut, 1st and/or or 2nd Avenue(s), regardless of building height, shall be considered a front yard and primary elevation, with facades and appurtenances treated accordingly. No exterior building wall shall have an uninterrupted horizontal run along a single plane for more than 25 linear feet, and no exterior building wall shall have an uninterrupted vertical run for more than 24 feet. The intent of this regulation may be achieved via structural or ornamental treatment.

(2) 

Building elevations which do not front Olde New Jersey, New Jersey/Spruce, Walnut, Chestnut, 1st and/or or 2nd Avenue(s), when adjacent to a parking lot or other open space and therefore visible from a public right-of-way, shall be considered a front yard and the primary elevation, with facades and appurtenances treated accordingly.

(3) 

All buildings located on Olde New Jersey and/or New Jersey/Spruce Avenue(s) shall be oriented to front toward and relate to such right-of-way both functionally and visually (as opposed to the intersecting side streets). Within this context, such buildings shall have primary entrances accessed directly from the sidewalk on Olde New Jersey and/or New Jersey/Spruce Avenue(s). Such sidewalks shall extend from the building facade to the curb.

(4) 

All building elevations shall coordinate form, materials, color and detailing to achieve design harmony and continuity. There shall be no open stairways leading to the second floor/story off Olde New Jersey and/or New Jersey/Spruce Avenue(s).

(5) 

In considering facade treatment, the developer/applicant is encouraged to include a combination of rich detailing, texture, shadow lines and color. Such treatment may include, but need not be limited to:

(a) 

Awnings and canopies.

(b) 

Building articulation.

(c) 

Signage.

(d) 

Coping, fascia, soffits and architectural filigree.

(e) 

Use of color, light and shadows.

(f) 

Other aesthetic features as applicable.

(6) 

The above notwithstanding, the main entrance to a development in the D & E Zoning District need only be located on a single elevation, with facades and appurtenances treated accordingly.

(7) 

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. All such areas shall include automatic/mechanical irrigation (with rain sensors to prevent nonessential watering) and shall be maintained in good condition.

(8) 

First-floor facades shall be designed with large, clear storefront glass areas to display the nature of the business and produce an interesting streetscape. Storefront windows may be either typical large, single panes or multiple smaller panes separated by mullions.

(9) 

In a multitenant building, each commercial operation shall have its own frontage. Frontages may either have identical designs to reinforce the whole building design or varied designs to express the different businesses. Frontages should be separated from the roofline or a second floor by a horizontal architectural element such as a sash, cornice, frieze, molding or similar architectural element.

(10) 

Stairways (including Fire Code required stairs) leading to the second floor (or higher) of a building shall be enclosed and treated as part of the building's architecture if located on the building's frontage, it being the intent not to overwhelm the street frontage with unaesthetic open-stair structures. Stairways shall be accessed off the side yard and/or rear yards behind the building front facade. There shall be no open stairways leading to the second floor/story off Olde New Jersey and/or New Jersey/Spruce Avenue(s).

(11) 

Site landscaping shall be provided in sufficient quantity and placement in order to create a visual and noise buffer from abutting residential districts and uses.

(12) 

HVAC condensers or compressors in buildings abutting residential districts and uses shall be so located and adequately buffered so that the noise from such condensers or compressors does not interfere with the quiet enjoyment of the residential unit. HVAC compressor or condenser units are prohibited in all setback areas of the lot/parcel.

G. 

General requirements applicable for minimum off-street parking. Recognizing the extremely limited space available in the D & E Zoning District, the public parking spaces created by the City in this section of the City of North Wildwood and the public safety implications of encouraging driving to such a district, the following minimum off-street parking regulations are established. The lack of an off-street parking requirement notwithstanding, any off-street parking required shall be constructed to the standards contained in § 276-35.

(1) 

Outdoor patios, decks, terraces and other similar areas for outdoor dining and consumption attendant to a permitted restaurant, bar and/or tavern: no minimum parking requirement. Outdoor patios, decks, terraces and other similar seating area(s) are exempt from any parking requirement. Any outdoor patios, decks, terraces and other similar areas may be enclosed in seasonal and/or canvas/plastic enclosures to meet this exemption but may not be fitted out with any hard-surfaced, walled enclosure(s).

(2) 

Indoor tables or other seating attendant to a permitted restaurant, bar or tavern: one off-street parking space for every 10 any-style seats.

(3) 

Remaining permitted uses: shall provide parking at the ratio of one space per 400 square feet of gross floor area.

(4) 

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. Credit shall be given on a 50% basis (rounded to the higher number) for on-street parking spaces towards the nonresidential component of a project's parking requirement [e.g., seven on-street spaces will get credit for four on-site spaces (7 x 50% = 3.5, and 3.5 rounded to the higher number is 4)]. The on-street spaces shall be directly adjacent to the subject property, be clearly indicated on the site plan, measure eight feet by 22 feet, and not interfere with loading or delivery operations, fire lanes, bikeways, bus stops, sight triangles, pedestrian crossings or driveways.

(5) 

A developer may satisfy up to two spaces of nonresidential parking deficiency by contributing to a municipal parking capital improvement fund for the design, purchase, construction and maintenance of municipal parking lots. The developer shall make a contribution of $4,000 per deficient space. Full payment is required as a condition of the issuance of the first construction permit.

(6) 

See § 276-35 for additional standards.

H. 

General signage standards.

(1) 

While not located on the Boardwalk, the signage section of the Design Guidelines for the Wildwoods Boardwalk (Appendix XX and referenced and incorporated herein) shall serve as the philosophical underpinnings for the standards for signage in the D & E Zoning District, with specific standards established accordingly hereinbelow. 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 shall be permitted.

Editor's Note: The Design Guidelines for the Wildwoods Boardwalk are on file in the City offices.

(2) 

All signage shall be restricted to the Olde New Jersey and/or New Jersey/Spruce Avenue side of the building and to the first 30 feet on the side street measured from the Olde New Jersey/New Jersey/Spruce Avenue building wall.

(3) 

Eating and drinking establishments, including restaurants and specialty food outlets, bars and taverns shall have a total maximum of 500 square feet of signage on the property.

(4) 

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.

(5) 

Signage for similar project elements shall be coordinated and similarly themed to provide a unifying style. All signs for individual uses shall conform in character with all other signs in the complex and shall blend with the overall architectural scheme of the district. 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.

(6) 

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. This regulation shall not be construed to include intentional removal of sign faces in the off-season, which is a typical practice along the Wildwoods Boardwalk. However, upon any such intentional removal, an aesthetically treated replacement panel shall be employed so as not to leave a visibly vacant sign box.

(7) 

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

(8) 

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.

(9) 

"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-foot requirement. No operation of a business in the D & E 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 curb ramps shall be blocked by said signs.

(10) 

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.

(11) 

All signs mounted to building facades over public sidewalk areas must be eight feet from grade elevation.

(12) 

All signs in the D & E District shall conform in character with all other signs in the district and shall blend with the overall architectural scheme of the district.

(13) 

No restrictions are established for interior project signage (defined as the interior wall area of a project, whether within an enclosed structure or on the inward-facing frontage of a structure internal to a project.). Developers are encouraged to establish a creative interior sign package consistent with the type and scope of the project proposed.

(a) 

Project identification signage.

[1] 

Each individual use in an individual building may have one sign attached to the building not exceeding an area equivalent to the lesser of 5% of the first-floor portion of the front facade or 150 square feet, whichever is smaller. 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 (see § 276-40 for additional standards).

[2] 

Each elevation of a principal building may have one building-mounted project identification sign depicting the name of the project and such other logo or corporate iconography as may be appropriate.

[3] 

While the size, location and configuration of such signage shall be appropriate to the elevation on which such sign is located, such sign shall be located at the uppermost section of the building, but shall be no higher than the roofline of the wall on which such sign is affixed, and shall have a total sign area not exceeding 10 feet in height multiplied by the width of the building elevation on which such sign is affixed. However, each such sign may extend to a maximum of 20 feet in height multiplied by the width of the building elevation on which such sign is affixed, provided the sign conforms to the conditional signage standards detailed hereinbelow.

[4] 

The bottom edge of such sign shall be a minimum of 10 feet from finished grade if located on Olde New Jersey/New Jersey Avenue, Spruce Avenue or Chestnut or 1st Avenue, but shall in no case project below the awning, canopy or other element on which such sign is affixed.

[5] 

In addition to the project identification signs as permitted herein, each porte cochere or primary entranceway of a principal building may have one building-mounted project identification sign depicting the name of the project and such other logo or corporate iconography as may be appropriate.

[6] 

While the size, location and configuration of such signage shall be appropriate to the porte cochere or entranceway on which such sign is located, such sign shall not exceed the length of the awning, canopy or other element over which such sign is affixed. The bottom edge of such sign shall be a minimum of 10 feet from finished grade if located on a numbered avenue (i.e., 26th or 25th Avenue), Surf Avenue or Atlantic Avenue, but in no case project below the awning, canopy or other element on which such sign is affixed.

[7] 

The height of such sign shall be 12 feet from finished grade, but in no case higher than the awning, canopy or other element on which such sign is affixed, and shall have a total sign area not exceeding two feet in height multiplied by the width of the awning, canopy or other element on which such sign is affixed. However, such signage may extend to a maximum of four feet in height multiplied by the width of the awning, canopy or other element on which such sign is affixed, provided such sign conforms to the conditional signage standards detailed herein. In such case, the height of such sign shall be 14 feet from finished grade.

[8] 

Each principal building may have one freestanding project identification (pole) sign per street frontage, depicting the name of the project and such other logo or corporate iconography as may be appropriate. The location and configuration of such signage shall be appropriate to the street frontage on which such sign is located. However, freestanding signs shall respect the building setbacks as provided for herein. Each such identification sign shall not exceed 150 square feet in area or 25 feet in height. However, each such sign may extend to a maximum of 1,000 square feet in area and 50 feet in height, provided it conforms to the conditional signage standards detailed hereinbelow.

[9] 

See § 276-40 for additional standards.

I. 

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 as "No Parking or Standing Zones" if adjacent to automobile traffic or parking areas.