§ 276-46. Conditional uses., Article VI. Exceptions, Modifications and Development Alternatives, Chapter 276. Land Development, Part II. General Legislation, Code of Ordinances, North Wildwood

Public utility uses.

(1)

For purposes of this chapter, the term "public utility uses" shall include such uses as telephone dial equipment centers, power substations and other utilities serving the public, such as sewage treatment plants, but shall exclude dumps and sanitary landfills.

(2)

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.

(3)

The design of any building in connection with such facilities must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding area.

(4)

Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Code in effect at the time of the construction.

(5)

Landscaping, including shrubs, trees and lawns, shall be provided and maintained.

(6)

Off-street parking shall be provided as determined by the Planning Board during site plan review.

Car washes.

(1)

The minimum lot size for a car wash shall be 24,000 square feet, the minimum frontage shall be 120 feet and the minimum lot depth shall be 200 feet. The front yard minimum shall be 40 feet and the side and rear yard minimums shall be 20 feet.

(2)

All mechanical activities must be conducted within a totally enclosed building.

(3)

Off-street parking shall be provided in accordance with the following schedule: Three access lanes for each mechanized car wash entrance with each lane having a minimum capacity for 15 vehicles at the entrance and six vehicles at the exit of the washing equipment; one separate space for each waxing, upholstery cleaning or similar specialized service area; and one space for each employee. All vehicle entrances shall be from the rear of the building and all parked and waiting vehicles shall be accommodated on the lot. Entrance access driveways shall not be located within 300 feet of the intersection of any two street lines or within 10 feet of any lot line.

(4)

One sign shall be permitted, either freestanding or attached, not exceeding an area equivalent to 5% of the first floor portion of the front facade or 50 square feet, whichever is smaller. Freestanding signs shall be set back at least 10 feet from all street and lot lines.

(5)

No car wash shall be located within 200 feet of any firehouse, school, playground, church, hospital, public building or institution. A minimum fifty-foot setback is required between any building or driveway on a lot utilized for a car wash and any residential use or district.

(6)

All of the other area, yard, building coverage, height, and general requirements of the respective zone and other applicable requirements of this chapter must be met.

Senior citizen housing.

(1)

The maximum residential density shall not exceed 15 dwelling units per gross acre.

(2)

No dwelling unit shall contain more than two bedrooms.

(3)

The maximum building height shall not exceed 35 feet and 2 1/2 stories.

(4)

A minimum of 1 1/4 parking spaces shall be provided for each dwelling unit.

(5)

Individual dwelling units shall meet or exceed minimum design requirements specified by the New Jersey Housing Finance and Mortgage Agency.

(6)

Prior to any City approval, the following prerequisites shall have been accomplished:

(a)

Verification that there are adequate utility services and support facilities for the project, including existing and/or proposed transit and commercial establishments serving everyday needs, within a one-mile walking distance of the proposed site.

(b)

Assurance that the occupancy of such housing will be limited to households, the single member of which, or either the husband or wife of which, or both, or any of a number of siblings or unrelated individuals of which, or a parent of children of which is/are 62 years of age or older, or as otherwise defined by the Social Security Act, as amended, except that this provision shall not apply to any resident manager on the premises.

(c)

Verification of preliminary approval of the project by any state or federal agency which finances or assists the financing or operation of such housing.

(7)

All other applicable requirements of this chapter must be met.

Service stations.

(1)

The minimum lot size for service stations shall be 31,780 square feet and the minimum frontage shall be 140 feet. The front yard minimum shall be 40 feet and the side and rear yard minimums shall be 25 feet.

(2)

No service station shall be located within 200 feet of any firehouse, school, playground, church, hospital, public building or institution. No service station shall be located within 400 feet of any other service station. A minimum fifty-foot setback is required between any building or driveway on a lot utilized for a service station and any residential use or district.

(3)

All appliances, pits, storage areas and trash facilities other than gasoline filling pumps or air pumps shall be within a building. Gasoline filling pumps and air pump islands shall be a minimum of 20 feet apart. All lubrication, repair or similar activities shall be performed in a fully enclosed building, and no dismantled parts shall be displayed outside of an enclosed building.

(4)

No junked motor vehicle or part thereof shall be permitted on the premises of any service station. Moreover, no more than six motor vehicles may be located upon any service station premises outside of a closed or roofed building for a period of time not to exceed seven days, and providing that the owners of said vehicles are awaiting their repair.

(5)

Landscaping shall be provided in the front yard area and shall be reasonably distributed throughout the entire front yard area.

(6)

The exterior display and parking of motor vehicles, trailers, boats or other similar equipment for sale shall not be permitted as part of a service station.

(7)

Service stations shall provide at least six off-street parking spaces for the first lift, wheel alignment pit or similar work area; five additional spaces for a second work area; and an additional three spaces for each additional work area. Such spaces shall be separated from the driveway and general apron areas which give access to the gasoline and air pumps and service areas. No designated parking space shall obstruct access to such facilities. No parking shall be permitted on unpaved areas. Driveways shall be a minimum of 20 feet from all lot lines, street intersections and other driveways on the same lot.

(8)

Service stations may be permitted one freestanding sign and one sign attached flat against the building. The freestanding sign shall not exceed an area of 20 square feet and shall be set back at least 10 feet from all street rights-of-way and lot lines. The attached sign shall not exceed 30 square feet in area.

(9)

All of the other area, yard, and general requirements of the respective zone and other applicable requirements of this chapter must be met.

(Reserved)

Adult business.

(1)

Due to the exceptional land use characteristics and locational impacts of adult entertainment uses, which have a deleterious and destructive effect upon land uses and values within the City of North Wildwood, it is recognized that such businesses, to the extent that they promote obscenity or sell obscene material or display obscene acts, should be prohibited from the City, and those which are not determined to be obscene should be restricted in such a way as to minimize their adverse effect on property values, neighborhoods within the City, public health, safety, comfort, morals, convenience, and general welfare of the inhabitants and visitors of the City.

(2)

Definitions. As used in this section, the following terms shall have the meanings indicated:

ADULT BOOKSTORE: An establishment having, as a substantially significant portion of its stock in trade, books, magazines, films for sale or viewing on premises, by use of motion-picture devices or other coin-operated means, or other periodicals which are distinguished or characterized by their emphasis on matters depicting or relating to specified sexual activities or specified anatomical areas.

ADULT BUSINESS: A business which displays, shows, sells, rents, or otherwise exhibits a display or depiction of a specific anatomical area for specified sexual activity which emits sensuality but is not obscene.

ADULT CABARET: A nightclub, theatre, or other establishment which features live performances by topless and/or bottomless dancers, go-go dancers, exotic strippers, or similar entertainers, where such performances are distinguished or characterized by emphasis upon specified sexual activity or specified anatomical areas.

ADULT MASSAGE PARLOR: A place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of, or in connection with, the specified sexual activities, or when any person, providing such treatment, manipulation, or service related thereto, exposes specified anatomical areas.

ADULT MODEL STUDIO: Any place where, for any form of consideration or gratuity, male or female figure models who display specified anatomical areas or provide to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

ADULT MOTION PICTURE THEATRES: Enclosed buildings used for presenting films consisting of material distinguished or characterized by an emphasis on matters depicting, describing, relating to specified anatomical area or specified sexual activities.

ADULT PRODUCTS: Products which display or are a depiction of a specified anatomical area, or of a specified sexual activity which emits sensuality but is not obscene.

OBSCENE ACTS: Acts which depict or describe, in a patently offensive way, ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions or lewd exhibition of the genitals, which acts lack serious literacy, artistic, political, or scientific value when taken as a whole, and which to the average person, applying contemporary community standards, has a dominant theme, taken as a whole, which appears to the purient interest.

OBSCENE MATERIAL: Shall be defined as in N.J.S.A. 2C:34-2 and as amended from time to time.

SPECIFIED SEXUAL ACTIVITY OR ANATOMICAL AREA: Shall be defined as in N.J.S.A. 2C:34-3 and as amended from time to time.

(3)

It shall be unlawful to sell, offer for sale, or display obscene material.

(4)

It shall be unlawful to own or operate any business such as an adult bookstore, adult motion-picture theatre, adult cabaret, adult massage parlor, or an adult movie studio in which obscene material is displayed or sold or in which any obscene acts are carried on.

(5)

Adult businesses, including but not limited to, motion-picture theatres, adult bookstores, adult cabarets, adult massage parlors, and adult model studios, shall be subject to the following restrictions:

(a)

No adult business shall be located within 1,000 feet of a church or school.

(b)

No two adult businesses shall be located within 600 feet of each other.

(c)

The hours of operation shall be from 10:00 a.m. until 11:00 p.m., Monday through Saturday only.

(d)

The interior of each room shall be lighted and designed in such a way that all parts of the same shall be readily visible to the sales clerk, manager, operator and/or customers moving freely within the building.

(e)

Advertisements and displays describing the goods or services operated within the adult business premises shall not be visible from the outside of the building, provided that the general nature of the business, such as the words "books," "motion pictures," "nightclub," "massage," "modeling studio" and similar words of general description shall be permitted upon signs permitted hereunder.

(f)

No loudspeaker or sound equipment shall be used which will emit sound to the outside of the building.

(g)

An adult business shall be operated solely within a building having at least 600 square feet used for the operation of the business and no more than 900 square feet for such use.

(h)

Permitted signs shall be limited to lettering indicating the name, address, and general nature of the business only and shall conform in size to signs permitted within the CBD Central Business District.

(i)

Any adult business use shall be located in buildings no closer than 200 feet to any residential use or district.

(j)

The exterior of the business premises shall be so constructed, designed, or laid out so that no person outside the building can view the interior thereof. The doors and windows shall be kept closed, and adult products shall not be visible from the outside when the door is opened for the purpose of entering or exiting the business premises.

(k)

Any person or association of persons desiring to own or operate an adult business in the City of North Wildwood shall be required to file an application and obtain a license therefor and comply with all other City codes.

Bed-and-breakfast establishments.

(1)

Bed-and-breakfast establishments are permitted as conditional uses in the R-1 and R-2 Districts only. The use must be accommodated solely in an existing single-family dwelling which has been converted for such use and licensed by the New Jersey State Department of Community Affairs as a bed-and-breakfast establishment.

(2)

The residential character of the lot and dwelling shall not be changed; if additions or expansions to the principal dwelling are proposed, such additions or expansions shall maintain the architectural style and facade of the principal dwelling.

(3)

Whether or not a central dining area is provided, breakfast is the only meal to be served and shall be provided only to the registered guests of the bed-and-breakfast establishment.

(4)

Sufficient off-street parking shall be provided on the lot to accommodate all guests and, in any case, one space per each sleeping room, plus two spaces for the permanent living quarters of the owner shall be provided at minimum.

(5)

One attached sign, not to exceed six square feet in size, is permitted.

(6)

All of the other area, yard, building coverage and height requirements of the respective zone and other applicable requirements of this chapter must be met.

Water-oriented uses.

(1)

Principal uses which meet the definition of "water-oriented" uses pursuant to Article II shall be permitted in the BB District, subject to review by the Planning Board for a determination of the appropriateness of the proposed use. Said uses must serve the general public and shall be of a commercial type.

(2)

The requirements of the respective zone and other applicable requirements of this chapter must be met except that the yard adjacent to the water or beach may be reduced to four feet and further that any structure, either attached or unattached, that extends beyond the setback area on the water side of the lot may do so if said structure is necessary for the operation of the principal use located on the lot.

Restaurants serving alcoholic beverages in the OS Zoning Districts. Restaurants serving alcoholic beverages shall be permitted in the OS Zoning Districts as conditional uses only, and only when the owner of the license complies with the following conditions and executes a written agreement with the City of North Wildwood agreeing to be bound by these conditions, unless or until same are vacated or modified:

(1)

The restaurant must have a minimum of 100 seats for the service of meals.

(2)

No alcoholic beverages may be removed from the restaurant premises by a patron at any time. No package good sales are permitted.

(3)

The restaurant shall contain separate restroom facilities for men and women.

(4)

The restaurant must be a full-service restaurant furnishing complete dinners with soup, salad, main entree, vegetables and dessert.

(5)

The restaurant shall not use paper, plastic or other disposable plates, dishes, cups, containers, knifes, forks, or spoons, for the service or consumption of food or alcoholic beverages.

(6)

Restaurants are permitted to have a separate customer waiting bar for the service of restaurant customers so long as the bar is within the confines of the restaurant. There shall be no exterior entrances to the bar, and the only means of access to the bar shall be first through the restaurant. The total number of seats at the bar shall not exceed 10% of the total number of seats in the restaurant for the service of meals.

(7)

The gross sales of alcoholic beverages in any month shall not exceed 40% of the gross sales of the restaurant, The restaurant shall file with the City Clerk a certified statement on or before January 15, April 15, July 15, and October 15 of each year, certifying the gross sales of alcoholic beverages, the gross sale of items other than alcoholic beverages, and the total gross sales of the previous quarter.

(8)

Sale of alcoholic beverages shall only be permitted between the hours of 10:00 a.m. and 1:00 a.m., prevailing time, and no consumption of alcoholic beverages shall be permitted within the restaurant after 1:30 a.m. and prior to 10:00 a.m., prevailing time.

(9)

Live entertainment shall be limited to three musicians and three musical instruments played at one time, and the music shall be subdued background music, played low enough so as not to interfere with the patrons' dinner conversation.

(10)

No more than three restaurants serving alcoholic beverages shall be permitted in the Pier and Boardwalk Zoning Districts combined. Hotel/motel licenses are exempt from this total.

(11)

(12)

No signs encouraging or promoting the sale and consumption of alcoholic beverages shall be permitted on the premises except that one sign of an area not to exceed 10 square feet, per side, may be placed upon the premises, which sign may only refer to alcoholic beverages in words associated with dinner, such as "dinner and cocktails."

(13)

To the extent not inconsistent with this Subsection I, all applicable requirements of the zoning ordinance must be met.

(14)

Approval of the transfer of a liquor license to the OS Zoning District must be approved by City Council after approval of the conditional use by the Planning Board, which approval shall be subject to the approval of the transfer of the liquor license.

Restaurants and water park facilities serving alcoholic beverages in the A Amusement Zoning District. Restaurants and water park facilities serving alcoholic beverages shall be permitted in the Pier Zoning District as conditional uses only, and only when the owner of the license complies with the conditions set forth below and executes a written agreement with the City of North Wildwood agreeing to be bound by these conditions, unless or until same are vacated or modified. All facilities serving alcoholic beverages in the Pier Zoning District must meet the conditions set forth in Subsection J(1) below. Additionally, restaurants serving alcoholic beverages in the Pier Zoning District must meet the requirements of Subsection J(2) below and water park facilities serving alcoholic beverages in the Pier Zoning District must meet the requirements of Subsection J(3) below. One liquor license may authorize service at both restaurants and water parks, provided the requirements set forth herein are met.

(1)

General requirements for all facilities serving alcoholic beverages in the A Amusement Zoning District.

(a)

No alcoholic beverages may be removed from the premises by a patron at any time. No packaged goods sales are permitted.

(b)

Each licensed facility shall contain restroom facilities for men and women.

(c)

No more than three restaurants serving alcoholic beverages shall be permitted in the A Amusement and B Boardwalk Zoning Districts, combined. Motel licenses shall be exempt from this total.

(d)

All regulations of the Alcoholic Beverage Control Authority and all regulations contained in Chapter 114 of the Code of the City of North Wildwood, to the extent not inconsistent with these conditions, shall remain applicable to all facilities. The City wishes to emphasize the family these of the Boardwalk and Amusement Districts, and to assure that no inappropriate behavior occurs as a result of the excessive consumption of alcoholic beverages.

(e)

To the extent not inconsistent with this subsection, all applicable requirements of the zoning ordinance must be met for all facilities.

(f)

Approval of the transfer of the liquor license to any facility in the A Amusement Zoning District must be approved by the City Council after approval of the conditional use(s) by the Planning Board, which approval shall be subject to the approval of the transfer of the liquor license.

(g)

Signs indicating the legal drinking age and that the facility will check identification are to be displayed at every outlet where the public may purchase alcoholic beverages.

(2)

Requirements for restaurants serving alcoholic beverages in the A Amusement Zoning District.

(a)

The restaurant shall have a minimum of 100 seats for the service of meals.

(b)

The restaurant shall be a full service restaurant capable of furnishing complete meals.

(c)

The restaurant shall not use paper, plastic or other disposable plates, dishes, cups, containers, knives, forks or spoons for the service or consumption of food or alcoholic beverages, except for outside seating areas where paper, plastic or other disposable items are required for safety reasons.

(d)

(e)

Sale of alcoholic beverages shall only be permitted between the hours of 10:00 a.m. and 1:00 a.m., prevailing time, and no consumption of alcoholic beverages shall be permitted after 1:30 a.m. and prior to 10:00 a.m., prevailing time.

(f)

No signs encouraging or promoting the sale and consumption of alcoholic beverages shall be permitted on the premises except that one sign, of an area not to exceed 40 square feet per side, may be placed upon the premises, which sign may be placed upon the licensed premises, which sign may only refer to alcoholic beverages in words associated with dinner such as "dinner and cocktails."

(3)

Requirements for facilities serving alcoholic beverages in water parks in the A Amusement Zoning District. Anything contained in the general requirements set forth in the subsections above to the contrary notwithstanding, facilities serving alcoholic beverages shall be permitted on existing amusement piers containing a comprehensively designed and themed water park containing no less than 30,000 square feet of contiguous space in accordance with the following additional regulations and requirements.

(a)

Service of alcoholic beverages, in addition to the restaurant that is allowed in accordance with Subsection J(2) above, shall be limited to the water park area and any designated food service areas therein, which areas clearly shall be delineated on the drawings that are required to be appended to any application of any nature that is submitted to the City Clerk for action by the Mayor and Council under the alcoholic beverage control statutes of the State of New Jersey and administrative regulations thereunder. This area of the licensed premises shall be deemed to be the water park area, as opposed to the restaurant which may be independently licensed under the same license in accordance with Subsection J(2) above. Nothing in this subsection shall be interpreted as allowing an amusement ride or similar use to be part of an alcoholic beverage licensed area, and the possession of alcoholic beverages upon an amusement ride or similar use, including the entrances to and exits therefrom, strictly is prohibited.

(b)

Service of alcoholic beverages in the water park area shall not be required to meet the general requirements of Subsection J(2) set forth above, but will require a water park area management plan to be submitted to the City Alcoholic Beverage Control Board, which demonstrates that alcoholic beverages shall be served in a controlled, dignified and upscale manner. This plan shall emphasize the culture of family fun, and shall mandate strict supervision by management to assure zero tolerance of inappropriate behavior resulting from the consumption of alcoholic beverages and no carrying of alcoholic beverages outside the licensed premises.

(c)

Service of alcoholic beverages shall be limited to the hours of operation of the Amusement Pier, but no later than 1:00 a.m. and, in addition whether the Amusement Pier is open to the public or not, for special events during the off-season hours between 10:00 a.m. to 1:00 a.m., provided that 72 hours' notice of an intent to serve alcoholic beverages during the special event has been given in writing to the Chief of Police and City Clerk.

(d)

Only one sign may be placed at each water park facility or area where alcoholic beverages will be served. No such sign shall exceed 40 square feet per side.

(e)

Water park areas where alcoholic beverages are served be bordered by fencing, landscaped areas, water features, or other buffers or signage which delineate and separate areas where alcoholic beverages are served from nonservice areas. In addition, trained staff shall be present at all entrances and exits to the water park during hours of service to assure that alcoholic beverages do not leave the licensed premises.

(f)

Possession of alcoholic beverages in areas that are located outside of the designated alcohol service areas, as defined in the management plan, is prohibited.

(g)

All rides and attractions shall have at least one public entrance and exit in a nonlicensed area.

Apartments/townhouses.

(1)

Apartments/townhouses will be permitted in the BB Zone, except that the waterfront portion of the site shall be developed with water-dependent uses. The waterfront portion of the site is as defined under CAFRA regulation.

(2)

The requirements of the APT/TH3 Zone and other applicable requirements of this zoning chapter must be met.

Residential flats above restaurants.

(1)

Residential flats above restaurants in the GB Zone shall be permitted with the following conditions:

(a)

Residential flats above restaurants in the GB Zone shall be owner-occupied; however, residential flats located above restaurants situate in the area bounded by New Jersey Avenue, between 1st Avenue to the south and Spruce Avenue to the north, N.J. Route 147 and New York Avenue to the west, and the easterly limits of the GB Zone to the east, need not be owner-occupied.

(b)

Adequate provisions must be provided to buffer the noise from compressor or condenser units used in the operation of the restaurant from the residential flats.

(c)

There must be provided an adequate and totally enclosed area for the storage and handling of solid waste and the recycling materials generated from the restaurant operation.

(d)

The total number of flats shall not exceed one dwelling unit per 2,000 square feet of lot area.

(e)

With regard to residential flats located above restaurants in the area bounded by New Jersey Avenue, between first Avenue to the south and Spruce Avenue to the north, N.J. Route 147 and New York Avenue to the west, and the easterly limits of the GB Zone to the east, parking shall be provided in compliance with the New Jersey Residential Site Improvement Standards.