25-205.6.1 Purpose.
The Off-Boardwalk Zone established in Section 25-201.2 of this Ordinance parallel to and a distance two hundred feet (200') to four hundred feet (400') landward to the Boardwalk is intended to permit the extension of most of the permitted On-Boardwalk uses which may require greater lot sizes up to a depth of four hundred feet (400') from the boardwalk, and to complement the On-Boardwalk uses through the provision of commercial parking lots. (Ord. #02-19)
25-205.6.2 Permitted Uses.
One (1) or more of the following uses shall be permitted on any lot in the OFF-BD Zone.
a. Amusement facilities, such as:
1. Miniature golf courses;
2. Arcades for coin-operated games;
3. Shooting galleries;
4. Amusement rides; and
5. Other similar uses.
b. Entertainment facilities, such as:
1. Indoor theaters for movies and drama;
2. Dinner theaters for drama;
3. Auditoriums;
4. Roller and ice-skating rinks; and
5. Other similar uses.
c. Restaurants and other eating facilities, such as:
1. Frozen dessert shops;
2. Outdoor restaurants; and
3. Other similar eating facilities.
d. Commercial and private parking lots and garages.:
e. On-site parking facilities.
f. Bicycle rentals and sales;
g. Essential services. (Ord. #89-22, 2; Ord. #02-19)
25-205.6.3 Conditional Uses.
a. Senior citizen housing.
b. Hotel/motels, provided they comply with the provisions of subsections 25-205.7.5 to 25-205.7.10 inclusive. Notwithstanding the provisions of these Sections, the maximum building height on a pitched roof shall be thirty-one feet (31') and on a flat roof twenty-five feet (25'). (Ord. #02-19)
25-205.6.4 Permitted Accessory Uses.
a. On-site storage of goods incidental to the daily conduct of retail business.
b. Signs in accordance with the provisions of the Ocean City Sign Ordinance.
c. Manufacturing incidental to the conduct of a boardwalk business in which no more than four (4) persons are employed, such as the making of baked goods, confections, sweets and other edible goods; the printing of T-shirts; and the making of leather goods and other similar tourist items. (Ord. #02-19)
25-205.6.5 Maximum Building Height and Stories.
a. The maximum building height and number of stories shall be in accordance with Schedule A, Schedule of Zoning District Regulations.
b. Boardwalk Not To Be Used for Height Measurement. For the purpose of this Section the elevated boardwalk shall not be used as the base from which to measure the building height.
c. No Height Limitations for Amusement Rides and Uses. No height limitations shall apply to amusement rides and uses, such as but not limited to ferris wheels, carousels, water and other types of slides; and other similar open air amusements which are regulated by the State of New Jersey. (Ord. #02-19)
25-205.6.6 Bulk Requirements.
Lot area, lot width, front yard, side yards, maximum lot coverage, maximum impervious surface coverage shall be in compliance with Schedules A, B, C and the Height Limits Map. (Ord. #02-19)
25-205.6.7 Rear Yard.
A rear yard shall be required on every lot. The minimum rear yard shall be twenty-five feet (25').
Decks constructed at the elevation of the boardwalk and connected to the boardwalk, may encroach into the rear yard area up to the rear property line. (Ord. #02-19)
25-205.6.8 Off-Street Parking.
a. All off-street parking requirements shall be provided on-site. All off-street parking shall be designed in accordance with the standards contained in Article 300 of this Ordinance.
b. Commercial parking spaces may be provided on-site, off-site or a combination thereof.
c. Off-site parking spaces for permitted uses may be provided through one (1) or a combination of the following options:
1. Providing the required spaces on other properties owned in fee simple by the commercial use, located within a zone which permits the proposed use(s), either contiguous with or within five hundred feet (500') walking distance of a primary pedestrian entrance to the site being developed.
2. Providing evidence that the required spaces have been leased or rented from others within five hundred feet (500') walking distance. In such case, the space to be leased or rented shall be properly established under the terms of this Ordinance and the minimum term of such lease or rental shall be consistent with the probable duration of the proposed occupancy but not less than twenty (20) years. (Ord. #96-20, 3; Ord. #02-19)
25-205.6.9 Signs.
In accordance with Section 25-1700.29, Signs, of this Ordinance. (Ord. #02-19)
25-205.7.1 Purpose.
The Hotel Motel Zones established in Section 25-201.2 of this Ordinance are intended to reserve a portion of Ocean City exclusively for the transient lodging land uses, in accordance with the provisions of N.J.S.A 40:55D-2(g), in order to provide short-term overnight accommodations to visitors desiring to enjoy the unique experiences of the Atlantic Ocean beaches and surf. The Hotel Motel Zones are positioned to provide a transitional land use between the multifamily residential zone and the boardwalk commercial zones. The HM Hotel Motel Zone permits a maximum height of fifty feet (50') and five (5) stories while HM-1 Zone permits a maximum height of twenty-seven feet (27') and two (2) stories due to its close proximity to the oceanfront. (Ord. #02-19)
25-205.7.2 Permitted Uses.
One (1) or more of the following uses shall be permitted on any lot in the HM and HM-1 Zones.
a. Motels;
b. Hotels;
c. Rooming, boarding and guest houses;
e. Commercial parking lots; and
f. Essential services. (Ord. #02-19)
25-205.7.3 Conditional Uses.
a. Restaurants;
b. Senior citizen housing. (Ord. #02-19)
25-205.7.4 Permitted Accessory Uses.
All uses incidental to the conduct of transient lodging services, such as:
a. Swimming pools;
b. Restaurants and breakfast facilities as part of the hotels, motels or guest houses;
c. Parking lots; and
d. Rentals of bicycles. (Ord. #02-19)
25-205.7.5 Bulk Requirements.
Building height, habitable stories, lot area, lot width, front yard, rear yard, maximum lot coverage, maximum impervious surface coverage shall be in accordance with Schedules A, B, C and the Height Limits Map. (Ord. #02-19)
25-205.7.6 Side Yards.
a. Two (2) side yards shall be required on every lot. Each side yard shall be forty percent times the height of the building (40% x h).
b. For the purpose of determining said side yards, the height of the building shall be measured from the bottom of the first finished habitable floor to the top of the building. (Ord. #02-19)
25-205.7.7 Off-Street Parking.
a. All off-street parking requirements shall be provided on-site. All off-street parking shall be designed and constructed in accordance with the standards contained in Article 300 of this Ordinance. (Ord. #02-19)
25-205.7.8 Signs.
Signs may be provided in accordance with the provisions of Section 25-1700.29, Signs, of this Ordinance. (Ord. #02-19)
25-205.7.9 Kitchen Facilities.
Kitchen facilities shall be permitted in all hotel and motel units. (Ord. #02-19)
25-205.7.10 Maximum Unit Square Footage, Number of Bedrooms.
a. No hotel or motel unit shall be constructed in excess of five hundred (500) square feet of gross floor area.
b. Hotel and motel units shall not contain more than one (1) bedroom. (Ord. #02-19)
25-205.8.1 Purpose.
The Marine Village Harbor Zone established in Section 25-201.2 of this Ordinance recognizes the very limited amount of land available in Ocean City lying along the navigable Intracoastal Waterway to carry out marine activities. The MVH Zone is intended to protect and enhance the use of a unique and scarce land resource in Ocean City for the purpose of conducting marine commercial activities along with accessory duplex residential uses on small waterfront lots, in accordance with the provisions of N.J.S.A. 40:55D-2(g). (Ord. #02-19)
25-205.8.2 Permitted Uses.
One (1) or more of the following uses shall be permitted on any lot in the MVH Zone.
a. The land area of any lot in the MVH Zone and the first-floor area of any building in the MVH Zone shall only be used for any of the following uses:
1. Marine commercial uses, such as:
(a) Marine support facilities, i.e., docks, maintenance yards and boat storage;
(b) Marine craft and accessory sales, services and repairs;
(c) Marine specialty shops;
(d) Fish and tackle shops;
(e) Marine technical and sailing schools;
(f) Boat rentals; and
(g) Service stations, gasoline and diesel;
2. Ship chandlers;
3. Marine civic, social and fraternal association meeting places;
4. Art galleries and museums;
5. Restaurants;
6. Hotels and motels; provided it complies with the provisions of subsections 25-205.7.5 to 25-205.7.10 inclusive. Notwithstanding these provisions the maximum height for a hotel or motel shall be thirty-one feet (31') for a pitched roof and twenty-five feet (25') for a flat roof.
7. Essential services. (Ord. #02-19)
25-205.8.3 Conditional Uses.
a. Senior citizen housing. (Ord. #02-19)
25-205.8.4 Permitted Accessory Uses.
The second and third-floor areas of any building in the MVH Zone may be used for any of the following uses:
a. On-site storage of goods incidental to the daily conduct of the on-site retail business.
b. Signs.
c. On-site parking facilities for the uses contained in the building provided said facilities do not occupy the first floor area of the building.
d. Professional offices such as real estate, physicians, accountants, dental, architects, planners, engineers, lawyers and similar types of offices.
e. All uses permitted on the first-floor area.
f. Residential uses provided that the density shall not exceed twenty-nine (29) dwellings units per acre. (Ord. #02-19)
25-205.8.5 Maximum Building Height and Stories.
a. The maximum building height and number of stories shall be in accordance with Schedule A, Schedule of Zoning District Regulations. (Ord. #02-19)
25-205.8.6 Area.
The minimum lot area shall be three thousand five hundred (3,500) square feet. (Ord. #02-19)
25-205.8.7 Lot Width.
The minimum lot width shall be thirty-five feet (35'). (Ord. #02-19)
25-205.8.8 Rear Yard.
A rear yard shall be required on every lot in the MVH Zone. Said rear yard shall face the Intracoastal Waterway. In order to promote a desirable visual environment in accordance with the provisions of N.J.S.A. 40:55D-2(i) and in order to provide adequate light, air and open space in accordance with the provisions of N.J.S.A. 40:55D-2(c), the setback line of the building envelope shall vary by floors as follows:
a. The building setback for the first floor shall be twenty feet (20') measured from the bay bulkhead line; the first ten feet (10') from the bulkhead shall be a planked public sidewalk or boardwalk; and the remaining ten feet (10') measured from the edge of the planked public sidewalk to the building line shall be covered by vegetation, concrete or planked decking.
A bay bulkhead and abutting planked public sidewalk or boardwalk ten feet (10') wide shall be installed on every lot adjoining on the Intracoastal Waterway; said bay bulkhead and abutting planked public sidewalk or boardwalk shall be maintained by the owner, or owners in the case of condominium ownership.
Where adjoining properties have installed, or received approvals from the approving authorities to install, the required planked walkway applicants/owners shall be required to install their walkway at an elevation which does not inhibit pedestrian passage. In some instances, this may require the construction of elevation-transition areas.
b. The building setback for the second floor shall be twenty-five feet (25') measured from the bay bulkhead line.
c. The building setback for the third floor shall be thirty feet (30') measured from the bay bulkhead line.
d. An open patio shall be permitted in the rear yard. The patio may be constructed to the same elevation as the top of the bulkhead not to exceed three feet (3') above grade and extend from the building to the edge of the walkway required above. There shall be no other encroachments of any kind, including but not limited to enclosed porches, raised or second floor decks or steps leading to the upper floors or any other structures in the rear yard areas. (Ord. #02-19)
25-205.8.9 Front Yard.
A front yard shall be required on every lot. Said front yard shall abut the adjoining public street and shall be a minimum of twenty-five feet (25') deep. The second and third floors of cantilevered buildings may encroach into the front yard area to the same extent that the building envelope on the bay side is set back as follows:
a. For the first-floor area no encroachment into the front yard is permitted;
b. For the second-floor area a five-foot (5') overhang into the required front yard area is permitted;
c. For the third-floor area a ten-foot (10') overhang into the front yard area is permitted; and
d. An open patio shall be permitted in the front yard. The patio may be constructed to the same elevation as the top of the bulkhead not to exceed three feet (3') above grade and extend from the building to the bulkhead. There shall be no other encroachments of any kind, including but not limited to enclosed porches, raised or second floor decks or steps leading to the upper floors or any other structures in the front yard areas. (Ord. #94-16, Appx. A; Ord. #02-19)
25-205.8.10 Side Yards.
a. Each lot shall have two (2) side yards in accordance with Schedule C, Schedule of Side Yard Setbacks.
b. No encroachments shall be permitted into any side yard.
c. Notwithstanding the provisions of this Section, eaves including gutters not exceeding eighteen inches (18") in width, may encroach into each side yard area. (Ord. #02-19)
25-205.8.11 Floor Area.
a. The minimum commercially used floor area in any building shall not be less than twenty-five percent (25%) of the gross floor area of said building.
At least fifty percent (50%) of the required minimum commercially used floor area shall be located on the first floor.
b. No residential uses shall be located on the first-floor area of any building in this zone. (Ord. #02-19)
25-205.8.12 Maximum Building and Impervious Surface Coverage.
a. Maximum building coverage shall not exceed forty-five percent (45%).
b. Maximum impervious surface coverage shall not exceed seventy-five percent (75%). (Ord. #02-19)
25-205.8.13 Off-Street Parking.
a. A minimum of two (2) parking spaces for each dwelling unit shall be provided.
b. The total required parking spaces shall be the sum of the residentially and commercially required parking spaces. Parking requirements for one (1) use shall not be considered to provide required parking spaces for any other use.
c. All residential parking spaces shall be provided on-site and assigned to each dwelling unit through a numbering system. Residential parking spaces may be stacked no more than two (2) spaces deep, provided that each two (2) stacked parking spaces shall be assigned only to a single dwelling unit.
d. One (1) parking space shall be provided for every four (4) boat slips, twenty-five feet (25') or less in length; and one (1) parking space for every four (4) anticipated passengers on any commercial or chartered boat or private boat in excess of twenty-five feet (25') in length.
e. Commercial parking spaces may be provided either on-site, off-site or a combination thereof.
f. Off-site commercial parking spaces shall be provided on the opposite side of the public street adjoining the rear lot line and shall be located as near to the lot line as may be practicable. All off-site commercial parking spaces shall be located within three hundred feet (300') from the lot to which the off-site commercial parking spaces are assigned. Said parking may be permitted in the R-2 Two Family Zone District opposite the MVH Zone District.
g. Stacked parking shall be permitted to meet the on-site commercial parking requirements of this Ordinance. Said stacked parking will only be permitted, however, if the owner or occupier of the commercial premises maintains an attendant to park and remove the stacked vehicles during the times the business is being operated.
h. Fee simple purchase of a tract of land to be developed as a parking lot in accordance with the design standards of this Ordinance. (Ord. #02-19)
25-205.8.14 Signs.
In accordance with Section 25-1700.29, Signs, of this Ordinance. (Ord. #02-19)
The maximum dwelling unit density shall not exceed twenty-nine (29) dwellings per acre. (Ord. #02-19)
25-205.8.16 Boat Docks and Slips.
a. In order to protect the integrity of the Marine Village Harbor Zone, all boat docks and slips existent at the time that this Ordinance takes effect shall be maintained by the owner(s) of record.
b. A minimum of two (2) boat slips shall be provided for each new dwelling unit established in this zone. One (1) such boat slip shall be assigned to each dwelling through a numbering system.
c. No boat slips shall be sold unless said slips are part of a condominium master deed held in common with the residential and commercial uses in the development. (Ord. #02-19)
