§ 276-25. B Boardwalk., Article IV. District Regulations, Chapter 276. Land Development, Part II. General Legislation, Code of Ordinances, North Wildwood

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

Conditional uses permitted.

(1)

Hotels and motels, as defined in § 276-7 (Definitions and word usage), from 2nd Avenue to 26th Avenue, conditioned upon said hotels and motels directly front the Boardwalk, the Beach or John F. Kennedy Boulevard. Hotels and Motels shall also be conditioned upon compliance with the applicable area and yard requirements set forth within § 276-24F as applicable to hotels and motels.

(2)

Resort hotel structures, to be defined as a structure which contains, but is not necessarily solely comprised of, resort hotel units (as defined in § 276-7) which are designed, designated and intended to be used, let or hired out for compensation for transient occupancy to the general public by reservation or walk-up without reservation, but in any case without lease, for occupancy in periods of not less than one night and not more than 20 continuous nights; except that resident management shall not be subject to the occupancy limitation.

(a)

To qualify as a resort hotel structure, such structure shall:

[1]

Maintain a public lobby or registration (check-in) and information station (front desk) serving the guest rooms with in-house staff available on a twenty-four-hour basis.

[2]

Maintain a linen closet, ice machine and beverage/candy vending area, at a minimum, on alternating floors.

[3]

Provide the following amenities: restaurants, banquet or dining rooms, conference rooms, swimming pools and other aquatic facilities designed for use on a year-round basis, room service, linen service and other normal and customary elements to such facilities.

[4]

Be designed with back-of-the-house linen and garbage chutes accessing all floors.

[5]

Maintain full-time, on-site staff and management.

[6]

Maintain a published business phone number and, to the extent that such advertising is part of the facilities' business model, advertise daily rentals and hotel-like services to the general public.

[7]

Pay sales tax, use tax and tourism room tax as required by the Tourism Improvement and Development District Act (N.J.S.A. 40:54D-1 et seq.).

[8]

Be designed and managed such that each utility (water, sewer, electric, natural gas, telephone and cable television) servicing a resort hotel structure shall commonly meter its service to all resort hotel units within such structure and shall commonly bill such service to the resort hotel management entity.

(b)

Individually owned units within a resort hotel structure. Recognizing that the economics of developing the type of resort hotel structures described herein may benefit from the inclusion of some number of units that have been submitted to the condominium form of ownership, such units shall be permitted within a resort hotel structure, subject to the definitions and regulations as follows:

[1]

Investment condominium units (as defined in § 276-7) are individually owned units within a resort hotel structure made available for sale for investment purposes only. While individually owned, such units shall be designed and operated as transient resort hotel units. Investment condominium units shall be designed and operated as transient resort hotel units only and shall not be considered or used as ownership condominium units.

[2]

Ownership condominium units (as defined in § 276-7) are individually owned units within a resort hotel structure made available for sale for residential use in accordance with the following:

[a]

Recognizing that the owners of ownership condominium units may wish to derive income from the rental of their unit when not in use by such owner, and that such rental, if managed properly, can result in an increase in the City's hotel room inventory in accordance with the Master Plan, such rental shall be permitted.

[b]

Recognizing that certain conflicts are inherent when mixing rental-based (i.e., hotel) and ownership-based (i.e., condominium) uses (such conflicts include, but are not limited to, the differing expectations of owners vs. renters regarding the vacation experience), and that such conflicts have the potential be detrimental to the overall success of the resort hotel, the following regulations are established:

[i]

In order to provide for continuity in rental pricing for ownership condominium units, maximize efficiency in rental operations (e.g., reservations, registration, check in/check out, etc.) for ownership condominium units, and coordinate advertising for ownership condominium unit rentals within each respective resort hotel structure, no ownership condominium unit in a resort hotel structure shall be rented, leased or otherwise offered for use by any individual or entity other than the resort hotel management entity for such resort hotel structure. Such regulation shall not extend to the sale of ownership condominium units. Owners who wish to sell their units may employ the real estate professional of their choice. To ensure enforcement of this regulation, no real estate sales or rental signage may be permitted on any property in which resort hotel units are located. Similarly, no real estate sales or rental equipment (e.g., flier stands, lock boxes or related items) may be permitted on any property in which resort hotel units are located.

[ii]

Ownership condominium units shall be permanently and irrevocably restricted against rental, lease or similar use by any entity other than by the resort hotel management entity. In addition to the regulations contained herein, an appropriate restriction shall be placed in each individual deed for each individual ownership condominium unit as well as in the master deed for the resort hotel structure, which deeds shall be properly recorded with the Cape May County Clerk.

[iii]

Ownership condominium units may have individually metered utilities and may contain full kitchens and laundry facilities.

(c)

It is critical that resort hotel structures be designed and utilized predominantly for transient lodging and not residential use. Accordingly, where resort hotel structures contain investment and ownership condominium units, the ratio of such units shall be:

[1]

Not less than 55% of the total number of units in the resort hotel structure shall be designed and operated as transient resort hotel units. All such units shall be under common ownership and control.

[2]

Not more than 25% of the total number of units in a resort hotel structure shall be investment condominium units. Such units shall be designed and operated as transient resort hotel units.

[3]

Not more than 20% of the total number of units in the resort hotel structure shall be designed and operated as ownership condominium units. Any third-party rental of such units shall be in conformance with Subsection E(3)(b) hereinabove.

[4]

These regulations shall specifically be construed to prohibit resort hotel units within a resort hotel structure from being occupied or otherwise used as multiple dwellings, as defined by the NJDCA under the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.

(d)

The public lobby, registration (check-in) and information station (front desk) serving a hotel/motel or a resort hotel in the Resort Hotel Zone may have its public entrances on a numbered avenue, Surf Avenue, Ocean Avenue or the western or eastern (if not fronting the Boardwalk) facade of the building. Additionally, hotels/motels and resort hotels in the Resort Hotel Zone fronting the Boardwalk shall be designed with a direct access to the lobby and registration area from the Boardwalk.

(e)

Freestanding garages or storage sheds are not permitted as part of a resort hotel development. Accordingly, all garages and storage structures shall be physically attached to the resort hotel structure, and all recycling and refuse storage shall be within the resort hotel structure. Parking garages may be attached by way of an encircled walkway, which may be elevated or at grade.

[1]

It is the City's intention not to permit traditional, open parking decks wherein parked vehicles are visible to the public from any right-of-way. Window-like cutouts and/or other architectural elements are required so as to resemble resort hotel units while providing for garage ventilation as necessary.

[2]

Boardwalk frontage. In order to maximize the vibrancy of this significant frontage:

[a]

The entire Boardwalk frontage of a development shall be devoted to active permitted principal uses, including, but not limited to, retail and/or food and beverage uses or accessways to a hotel/motel or resort hotel lobby and registration area, if applicable.

[b]

Such Boardwalk frontage shall include clear storefront glass (which may be tinted) areas to display the nature of the use within and produce an interesting pedestrian streetscape. Such windows may be either typical large, single panes or multiple smaller panes separated by mullions.

[c]

Each individual use shall be oriented to and have its own independent entryway from the Boardwalk. Frontages may either have identical designs to reinforce the overall design of the building or varied designs to express individual uses.

[d]

Only restaurants, permitted retail and commercial uses, banquet or dining rooms, conference rooms, swimming pools, and like and similar amenities shall be located along the fifteen-foot-high, zero-setback portion of the Boardwalk facade as described hereinabove, it being the intention to buffer lodging units from the boisterous environment of the Boardwalk.

[e]

Awnings and canopies servicing Boardwalk-level commercial space may extend into the Boardwalk right-of-way no further than four feet from the building facade.

(f)

Screening.

[1]

For resort hotel structures, delivery and loading areas, mechanical equipment, garbage and recycling storage and similar back-of-the-house functions shall be enclosed within the building to the extent practicable. Otherwise, such functions shall be screened so as not to be visible from any public right-of-way or adjacent property.

[2]

All solid waste not stored within a building shall be stored within an enclosed container.

[3]

Pergolas, trellises or other screening above parked vehicles is required where exposed flat roofs are used as parking decks and for mechanical and related items.

[4]

With the exception of miniature golf courses or similar outdoor sporting venues, no merchandise, products, equipment or similar materials or objects shall be displayed or stored outside.

(g)

Use-oriented identification signage.

[1]

Signage attendant to a permitted principal use not located within a conditional resort hotel shall be subject to the provisions of project identification signage hereinabove.

[2]

Signage associated with a conditional resort hotel shall be subject to the provisions of project identification signage hereinabove for the resort hotel structure. Signage attendant to permitted principal uses within a conditional resort hotel but visible from the outside of such structure (i.e., a storefront located within a resort hotel but visible and accessible from the street or Boardwalk) shall be subject to the provisions of Subsection H(2)(b) hereinabove.

[3]

Each permitted principal use within but visible from the outside of a conditional resort hotel (i.e., a storefront located within a resort hotel but visible and accessible from the street or Boardwalk) may have one use-oriented identification sign mounted above the storefront of such use, depicting the name of the use and such other logo or corporate iconography as may be appropriate. Each individual use-oriented identification sign shall not exceed the length of the storefront 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 street (i.e., 26th Avenue) or Ocean Avenue and 16 feet from the Boardwalk level if located on the Boardwalk, but in no case shall it project below the awning, canopy or other element on which such sign is affixed. Such sign shall be no 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, each such sign 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.

[4]

Conditional signage standards. The signage section of the Design Guidelines for the Wildwoods Boardwalk (Appendix XX herein) shall serve as the conditional use standards for signage in the RH Zoning District.

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

[5]

See § 276-40 (requirements for signs) for additional standards.

[6]

Resort hotels shall provide parking as follows:

Room Size (square feet)	Parking Spaces (per unit)
Under 375	1.1
376 to 800	1.25
801 to 1,250	1.5
Over 1,250	2.0
Plus 1 space for every 10 seats provided in an ancillary restaurant

[7]

Restaurants, bars and/or taverns associated with or without a resort hotel shall provide a minimum of one space for every six seats, but in all cases a sufficient number of spaces to prevent any parking along private driveways, fire lanes and aisles. 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.

[8]

Eating and drinking establishments, including restaurants and speciality food outlets, bars and taverns shall provide a minimum of one space for every four seats. 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.

[9]

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.

[10]

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. Upon full payment by an applicant/developer to the parking fund, no contribution is refundable.

[11]

Shared parking use of open parking lots with other permitted uses of the RH Zoning District is permitted.

[12]

See § 276-35 (requirements for parking) for additional standards.

(h)

Minimum off-street loading; trash, recycling 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. All solid waste not stored within a building shall be stored within an enclosed container.

[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.

[5]

For resort hotels, delivery and loading areas, mechanical equipment, garbage and recycling storage and similar back-of-the-house functions shall be enclosed within the building and shall be screened so as not to be visible from any public right-of-way or adjacent property.

(3)

Conditional use area and yard requirements.

			Requirement
Category			Hotels/Motels and Apartment/Condominium Buildings (as defined herein)	Other Uses
Principal buildings, minimum
	Minimum lot area		6,000 square feet	5,000 square feet
	Minimum lot frontage		60 feet	50 feet
	Minimum lot width		60 feet	50 feet
	Minimum lot depth		100 feet	100 feet
	Minimum setback (except where abutting the Boardwalk, Surf or Ocean Avenues and a numbered avenue)
		Side yard, each	8 feet	8 feet
		Front yard	10 feet	10 feet
		Rear yard	15 feet	15 feet
	Boardwalk setback, regardless of whether front, side or rear yard		0 feet	0 feet
	Surf and Ocean Avenue setback, regardless of whether front, side or rear yard		8 feet	8 feet
	Setback along a numbered avenue, regardless of whether front, side or rear yard
		Between the Boardwalk and 30 feet west of the Boardwalk, grade to 15 feet from the Boardwalk level	0 feet	0 feet
		Between the Boardwalk and 30 feet west of the Boardwalk, 15 feet from the Boardwalk level to 48 feet from grade	8 feet	8 feet
		30 feet west of the Boardwalk to the western edge of the block: grade to 48 feet from grade	8 feet	8 feet
Maximum building height			66 feet, subject to the building 36 feet from base flood elevation envelope restrictions established (BFE) or three stories, whichever for conditional vertical is less development. (See Conceptual Building Envelope Diagrams following this schedule.)
Maximum building coverage			80%	80%
Maximum lot (impervious) coverage			80%	80%
Accessory building, minimum (no accessory building shall abut the Boardwalk)
	Distance to front line		N/A	N/A
	Distance to side line		4 feet	4 feet
	Distance to rear line		4 feet	4 feet
	Distance to other buildings		4 feet	4 feet
Minimum lot area			No minimum established. Lot area shall be calculated by multiplying the minimum lot width by the minimum lot depth.	No minimum established. Lot area shall be calculated by multiplying the minimum lot width by the minimum lot depth.
Minimum lot width/street frontage
	Properties abutting the Boardwalk		400 feet	400 feet
	Properties not abutting the Boardwalk whose most westerly line is within the easterly 1/3 of the block		150 feet	150 feet
	Remaining properties		100 feet	100 feet
Lot depth (absolute)			200 feet (street to street)
At-grade setbacks (subject to the building envelope restrictions established herein). See Conceptual Building Envelope Diagrams following this schedule.
	Boardwalk frontage
		Grade to 15 feet from Boardwalk level	0 feet	0 feet
	Numbered avenue
		Between the Boardwalk and 30 feet west of the Boardwalk, grade to 15 feet from the Boardwalk level	0 feet	0 feet
		Between the Boardwalk and 30 feet west of the Boardwalk, 15 feet from the Boardwalk level to 48 feet from grade	8 feet	8 feet
		30 feet west of the Boardwalk to the western edge of the block: grade to 48 feet from grade	8 feet	8 feet
	Surf and Ocean Avenues
		Grade to 48 feet from grade	8 feet	8 feet
	Eastern and western yards (when not abutting the Boardwalk, Surf or Ocean Avenues)
		Grade to 48 feet from grade	15 feet from the property line of a contiguous vertical development	15 feet from the property line of a contiguous vertical development
		Remaining properties	8 feet	8 feet
Maximum building coverage			75%	75%
Maximum lot (impervious) coverage			80%	80%
Maximum building height (subject to the building envelope restrictions established herein). See Conceptual Building Envelope Diagrams following this schedule.
	Properties abutting the Boardwalk		150 feet	150 feet
	Properties not abutting the Boardwalk where any portion thereof is within the easterly 1/3 of the block		120 feet	120 feet
	Properties not abutting the Boardwalk where no portion thereof is within the easterly 1/3 of the block		65 feet	65 feet
ALL PROPERTIES
Fully screened mechanical rooms or other roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning or similar equipment required to operate and maintain the building; telecommunications antennas, satellite dishes and related systems; skylights, spires, cupolas, flagpoles, chimneys or similar architectural features may be erected above the heights prescribed herein to a maximum of 20% of such heights, provided that the screening is found acceptable by the Planning Board or Zoning Board of Adjustment, as the case may be.
Similarly, project identification signage may be erected above the heights prescribed herein to a maximum of 20% of such heights, provided that, at the sole discretion of the Planning Board or Zoning Board of Adjustment, as the case may be, such signage contributes to the iconographic architectural identity of the project.
Building envelope (in addition to the at-grade setbacks established herein). See Conceptual Building Envelope Diagrams following this schedule.
	Any portion of a structure abutting the Boardwalk		15 feet from the Boardwalk level. Thereafter, the structure shall step back 2 feet of horizontal distance from the westerly vertical plane of the Boardwalk for every 1 foot of building height until it intersects its maximum building height or a lower portion of the building envelope.	15 feet from the Boardwalk level. Thereafter, the structure shall step back 2 feet of horizontal distance from the westerly vertical plane of the Boardwalk for every 1 foot of building height until it intersects its maximum building height or a lower portion of the building envelope.
	Any portion of a structure abutting a numbered avenue		In addition to the building envelope established by the Boardwalk, Surf/Ocean Avenue or the eastern/western yard height restrictions, step backs are required, at a minimum:	In addition to the building envelope established by the Boardwalk, Surf/Ocean Avenue or the eastern/western yard height restrictions, step backs are required, at a minimum:
			Between the Boardwalk and 30 feet west of the Boardwalk, 15 feet from the Boardwalk level to 48 feet from grade: 8 feet	Between the Boardwalk and 30 feet west of the Boardwalk, 15 feet from the Boardwalk level to 48 feet from grade: 8 feet
			At the 48-foot level, between the 70-foot and 100-foot levels and between the 100-foot and 130-foot levels (provided the structure, or portion thereof, reaches such heights)	At the 48-foot level, between the 70-foot and 100-foot levels and between the 100-foot and 130-foot levels (provided the structure, or portion thereof, reaches such heights)
	Any portion of a structure abutting Surf Avenue or Ocean Avenue		48 feet from grade	48 feet from grade
			Thereafter, the structure shall step back at a 30° angle from the westerly vertical plane of the structure until it intersects with its maximum building height or a lower portion of the building envelope.	Thereafter, the structure shall step back at a 30° angle from the westerly vertical plane of the structure until it intersects with its maximum building height or a lower portion of the building envelope.
	Eastern and western yards (when not abutting the Boardwalk, Surf or Ocean Avenues)		In addition to the at-grade setbacks established herein, step backs are required, at a minimum, at the 48-foot level, between the 70-foot and 100-foot levels and between the 100-foot and 130-foot levels (provided the structure, or portion thereof, reaches such heights)	In addition to the at-grade setbacks established herein, step backs are required, at a minimum, at the 48-foot level, between the 70-foot and 100-foot levels and between the 100-foot and 130-foot levels (provided the structure, or portion thereof, reaches such heights)

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.
	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.
	Zero feet where adjoining structures are constructed with a common party wall, provided that access to the rear of each side of the structure is maintained via a service alley, and further provided that the parking requirements for each use are maintained via a shared parking or similar arrangement.
	E.g., 24th Avenue.
	For the purposes of this section, Boardwalk frontage must be a minimum of 60 contiguous linear feet. Properties that abut the Boardwalk for less than 60 contiguous linear feet shall not qualify under this requirement. Height allowance applies only to that portion of the lot running street to street. Where less than street to street, the maximum building height for standard development (i.e., not conditional vertical development) shall govern.
	Where a block's Boardwalk frontage is angled, distance is measured from the most westerly Boardwalk corner of the block.
	E.g., 24th Avenue, regardless of whether the elevation is a front, side or rear yard.
	Specific step backs are not dictated but shall be appropriate to the architecture of the project. However, minimum step backs equal to 50% of the rise to the next step-back level are recommended, unless it can be demonstrated, to the Board's satisfaction, that a step back of less than 50% of the rise provides a more-appropriate design in light of the visual impact from grade, the degree of shadow impact and the totality of the aesthetics of the building. Deviations from the 50% minimum shall be considered a design waiver and not a variance. Such articulation need not be on the same horizontal plane and should be designed to provide differentiation and interest to the structure's massing.

Conceptual Building Envelope

Editor's Note: Appendix B-1 is on file in the City offices.