a. No encroachments shall be permitted within the minimum required front yard, side yard or rear yard setback areas except as follows:

1. Front Yard. The following front yard encroachments shall be permitted:

(a) Steps and landings not greater than six feet (6') above grade and providing access only to the first floor, shall be permitted to extend to a point that is four feet (4') from the front property line or right-of-way, but shall not extend past the nearest edge of the existing sidewalk or sidewalk line established for the subject block.

(b) Flagpoles.

(c) Awnings provided they project not more than five feet (5') from the building and are at least seven feet (7') above the sidewalk or boardwalk grade.

(d) Porte Cocheres. These may be constructed across the sidewalks in front of any hotel, motel or apartment house containing fifty (50) rooms or more provided they do not exceed twelve feet (12') in length or width along the curbline and have a clearance of at least seven feet (7') above the sidewalk grade.

(e) Roof eaves and gutters provided they do not exceed eighteen inches (18") in width.

(f) Parking in all single-family and two-family zones when the rear yard does not abut a public alley.

(g) Ramps for handicapped access to the first floor, built to current UCC and ADA standards not to exceed four feet (4') in width, shall be permitted to extend to a point that is six inches (6") from the front property line or right-of-way, but shall not extend past the nearest edge of the existing sidewalk or sidewalk line established for the subject block. Said ramps and/or landings shall be constructed and landscaped so as to be visually compatible with the existing streetscape.

(h) Fences as permitted by Section 25-1700.14 of this Ordinance.

2. Rear Yard. The following rear yard encroachments shall be permitted:

(a) Flagpoles.

(b) Awnings provided they project not more than five feet (5') from any building and are at least seven feet (7') above the sidewalk or boardwalk grade.

(c) Roof eaves and gutters provided they do not exceed eighteen inches (18") in width.

(d) A detached garage as permitted by the specific district regulations provided it is not closer than four feet (4') from the rear or side property lines, is not closer than ten feet (10') from the main building and is not located on the oceanfront.

(e) Freestanding. storage sheds as permitted by the specific district regulations provided they are not larger than one hundred (100) square feet, do not exceed a height of ten feet (10') above grade, provided that they are not closer than four feet (4') from the rear or side lot lines, are not located on the oceanfront, do not displace or eliminate required parking spaces or create a nonconforming condition related to either building coverage or impervious surface coverage.

(f) Except on oceanfront lots, fences as permitted by Section 25-1700.14 of this Ordinance.

(g) Patios except for buildings located on the oceanfront.

(h) Fire escapes may be installed on existing buildings in all zone districts in order to comply with the retrofit life safety requirements of the New Jersey State Department of Community Affairs (D.C.A.). The location of these projections into the existing open space shall be at the discretion of the Zoning Officer and may project from the building into the existing rear yard a distance not to exceed four feet six inches (4'6"). A minimum of three feet (3') of clear access shall be maintained between the fire escape and the property line.

(i) Except on oceanfront lots, private swimming pools, above ground or in-ground, as permitted by the specific district regulations, provided that the wall of the pool is not closer than six feet (6') to any property line or four feet (4') to any building. Pool equipment such as pumps and filters are not permitted in a front yard and shall be no closer than six feet (6') to any other property line. Pool lighting shall not project onto adjacent properties. Sound amplification systems are not permitted.

(j) Tennis courts, located in the rear yard only, provided that the edge of the court is no closer than ten feet (10') to either the rear or side property lines or four feet (4') to any building. Tennis court lighting shall not project onto adjacent properties. Sound amplification systems are not permitted.

(k) Air conditioners and heat pumps, located in the rear yard or on the roof only. Screening per subsection 25-1700.26.1 is required.

(l) Trash container enclosures for single-family and two-family uses, located anywhere to the rear of the rear building line. Solid waste associated with commercial sites shall be managed per the requirements of Section 25-1700.31.

(m) Ramps and/or landings for handicapped access to the first floor, built to current UCC and ADA standards not to exceed four feet (4') in width. A minimum of six inches (6") of clear access shall be maintained between the ramp and/or landing and the property line.

(n) Liquefied petroleum storage tanks (DOT cylinders), screened per the requirements of Section 25-1700.31

3. Side Yard. The following side yard encroachments shall be permitted:

(a) Roof eaves and gutters provided they do not exceed eighteen inches (18") in width.

(b) Fences as permitted by Section 25-1700.14 of this Ordinance.

(c) Window fans.

(d) Wall and window air-conditioners which do not encroach more than twelve inches (12").

(e) Fire escapes may be installed on existing buildings in all zone districts in order to comply with the retrofit life safety requirements of the New Jersey State Department of Community Affairs (D.C.A.). The location of these projections into the existing open space shall be at the discretion of the Zoning Officer and may project from the building into the existing side yard a distance not to exceed four feet six inches (4'6"). A minimum of three feet (3') of clear access shall be maintained between the fire escape and the property line.

(f) Chimneys no deeper than eighteen inches (18") may encroach into the side yard area where the side yard is five feet (5') wide or wider. Chimneys no deeper than twelve inches (12") may encroach into the side yard area where the side yard is four feet (4') or wider.

(g) Ramps and/or landings for handicapped access to the first floor, built to current UCC and ADA standards not to exceed four feet (4') in width. A minimum six inch (6") clearance shall be maintained between the ramp and/or landing and any obstruction on the adjoining property. (Ord. #94-16, Appx. A; Ord. #99-20, §5; Ord. #02-19; Ord. #02-29, §20; Ord. #02-36, §10; Ord. #03-12, §6; Ord. #04-13, §5)

Chimneys, vent stacks, air-conditioning equipment, heating equipment, solar panels, decorative cupolas and elevator equipment housing may exceed the height limitation of this Ordinance by an amount not to exceed four feet (4'). Such features, however, shall be permitted only when it has been demonstrated to the satisfaction of the approving authority (by the applicant/owner) that such additional height is necessary for these features to function as intended. (Ord. #02-19; Ord. #04-13, §5)

Municipal uses of any type are permitted to be located in any zoning district established in the Zoning and Land Development Ordinance of the City of Ocean City, N.J. (Ord. #94-16, Appx. A; Ord. #02-19)

Where a single lot under individual ownership extends from street to street, the widest street shall be deemed the street upon which the property fronts. (Ord. #02-19)

25-300.5.1 General.

Both street walls of corner-lot buildings shall be treated as front facades from an architectural perspective. The facades should include offsets, fenestration and architectural elements characteristic of the front facade.

25-300.5.2 Regulations.

The following regulations in this section shall apply in each zone district, except the Ocean City Homes Neighborhood Zone. Any lot fronting on two (2) or more streets shall for the purposes of this Ordinance consider its front yard to be situated on the shortest face of the lot upon which it has frontage. (Ord. #00-05, §9; Ord. #00-09, §2; Ord. #02-19)

25-300.5.3 Ocean City Homes Neighborhood Zone.

The following regulations shall apply only in the Ocean City Homes Neighborhood Zone district.

a. All yards facing on a street shall be considered front yards and shall conform to the minimum front yard setbacks as required in Schedule B-Schedule of Front Yard Setback Depths by Street.

b. Lot lines of corner lots, that are coexistent with side lot lines of abutting lots, shall be considered side lot lines.

c. Lot lines of corner lots, that are coexisting with rear lines of adjoining lots, shall be considered rear lines.

d. Lot lines of corner lots, that are coexisting with lot lines of adjoining corner lots, shall be considered side lines.

e. Paragraphs b, c and d notwithstanding, each corner lot shall maintain a rear yard setback for at least one (1) yard area other than a front yard.

f. Each street frontage of a corner lot shall conform to the minimum required frontage for a corner lot in the zone district as specified in the schedule of yard, area and building requirements.

g. Accessory structures shall be set back from the side street to comply with the setback line applying to the principal structure for that side street. (Ord. #00-05, §9; Ord. #00-09, §2; Ord. #02-19)

The provisions of this Ordinance which prohibit storage of gasoline and oil and the following additional regulations are deemed necessary in the interests of the public health, safety and general welfare:

Gasoline in quantities not exceeding thirty-six thousand (36,000) gallons may be kept for use or sale at retail within and adjoining any retail gasoline or oil service station, garage or private garage accommodating more than three (3) motor vehicles, provided that no tank for gasoline storage shall be placed above ground or the established grade.

All such installations shall also comply with regulations established by this Ordinance.

If any gasoline tank is abandoned or no longer in use, it shall be removed from the premises when it is established above ground level or grade. When any tank is abandoned or no longer in use and is located below ground level or grade, it shall be removed within thirty (30) days of the abandonment. (Ord. #02-19)

In order to stabilize soil and to prevent soil erosion from upland areas onto wetlands a fifteen-foot (15') upland buffer strip shall be provided on lots containing urban land uses and shall be planted with bayberry bushes, salt-marsh grass or other native vegetation approved by the Ocean City Shade Tree Commission. Said buffer shall start at the wetlands line. (Ord. #02-19)

25-300.8.1 Elevation of Finished Grade.

In order to promote lot drainage, all finished grades shall be higher than curb elevation, except that pilings, and foundations may be installed below said curb elevation. In the case of adjacent properties of differing elevations, the property with the higher elevation shall install devices to prevent the flow of water from the higher property to the lower adjacent property. All devices shall be designed by, and the installation shall be approved by, a New Jersey licensed Professional Engineer. Standards regarding lot grading contained in subsection 25-1700.8.9 of this Ordinance, shall be utilized. (Ord. #02-19)

25-300.8.2. Stormwater Recharge and Impervious Surface Coverage.

Impervious surface coverage allowances may be offset a maximum of five percent (5%) above the maximum impervious surface coverage limits established in Section 25-209.1 of this Ordinance in certain instances provided the developer designs and constructs an underground recharge system approved by the City Engineer, Planning Board Engineer, or Zoning Board Engineer, as appropriate. Prior to issuance of a Zoning Permit or final approval of an application for development, the recharge system must be designed by a licensed New Jersey Engineer and approved by the City Engineer, Planning Board Engineer, or Zoning Board Engineer, as appropriate. Prior to occupancy of a Certificate of Occupancy for the subject premises, the design engineer must provide written certification that the system has been constructed and will function as designed and approved; and the applicant/owner shall certify that the maintenance program and schedule will be adhered to. (Ord. #02-19; Ord. #02-36, §10; Ord. #03-12, §6; Ord. #04-13, §5)

The use of public sidewalks and required open spaces for business purposes or storing, displaying or placing of goods, wares and merchandise, or the like, for any purpose is prohibited beyond the respective building line. (Ord. #02-19)

If on-site and/or off-site improvements, other than the building proper, including but not limited to plantings, buffer strips or other approved dividers, are required by the terms of this Ordinance and the plans are approved by the appropriate authority, no Certificate of Occupancy shall be issued unless: (a) a performance guarantee has been provided in accordance with the provisions of N.J.S.A. 40:55D-53 et seq, or (b) the required improvements have been installed in full compliance herewith and a maintenance guarantee has been provided in accordance with the provisions of N.J.S.A. 40:55D-53 et seq. (Ord. #94-16, Appx. A; Ord. #02-19)

**Webmasters Note: The previous sections, 25-300.1 through 25-300.10, have been amended as per Supplement No. 2.

Shore protection structures installed by the developer on all properties bordering the Beach and Dune (BD) Zone facing the Atlantic Ocean shall be built in accordance with the Flood Prevention Ordinance, and shall be in accordance with a line designated as the "Official Oceanfront Bulkhead Line of Ocean City, N.J." shown on a drawing bearing this title and dated October 12, 1971, including subsequent amendments. (Ord. #02-19)

The parking requirements contained herein are hereby superseded by the Residential Site Improvement Standards (NJAC 5:21 et seq.) to the extent that these (RSIS) regulations are applicable. (Ord. #03-12, 6)

All required parking spaces shall be a minimum of nine feet (9') in width and eighteen feet (18') in length, exclusive of access drives, aisles, ramps and columns, and shall have a vertical clearance of at least six and one-half feet (6-1/2'). The size and spacing specifications for required off-street parking facilities shall be taken from the table below.

* Additional width may be required where the aisle serves as the principal means of access to on-site buildings or structures.

** Curbed islands are required at the ends of aisles where necessary for traffic control.

NOTE: Handicapped spaces shall conform with New Jersey Barrier Free Design Regulations (N.J.A.C. 5:23 et seq.).

Access to nonresidential uses and related off-street parking shall be from a nonresidential street, the nature of which is determined by the dominant (greater than fifty percent (50%)) zoned usage on both sides of the street within the block of the nonresidential uses. (Ord. #94-16, Appx. A; Ord. #02-19)

In order to prevent flooding of parking areas and garages, no excavation for parking spaces shall be permitted. (Ord. #94-16, Appx. A; Ord. #02-19)

Where by virtue of lot size the required number of commercial parking spaces cannot be provided on-site, the developer may petition the Planning Board to provide said required commercial parking spaces off-site, and the Planning Board upon review of the site plan may grant the developer said request. Where the Planning Board permits the developer to meet the commercial parking requirements off-site, the developer shall provide said parking spaces by fee simple purchase of a tract of land within three hundred feet (300') of the commercial lot to which the off-site parking spaces are assigned and to develop said tract as a parking lot in accordance with the design standards of this Ordinance. (Ord. #02-19)

a. General. Off-street parking spaces shall be provided as further specified in this Ordinance. All commercial off-street parking spaces including passageways, driveways and turning areas shall be provided in connection with a dustless, durable, all-weather pavement parking surface shall be clearly marked for parking spaces and adequately drained in accordance with Section 25-1700.22 of this Ordinance.

b. Exemptions. None of the off-street parking facilities as required in this Ordinance shall be required for any existing building or use not now conforming to these requirements, unless said building or use shall be enlarged by creating additional living space, additional dwelling units, additional cubic footage, additional commercial space or by changing the use as defined herein of the building in which case the provisions of this Ordinance shall apply.

c. Illumination of Commercial Parking Spaces. All parking areas and appurtenant passageways and driveways serving commercial uses shall during their season or period of operation be illuminated as required by Section 25-1700.19 of this Ordinance during the hours between sunset and sunrise. After 10:00 p.m. throughout the entire lot, forty percent (40%) of lights in parking areas shall remain lighted until sunrise. Adequate shielding shall be provided by commercial uses to protect adjacent residential zones from the glare of such illumination and from that of automobile headlights.

d. Parking in Front Yards and Open Spaces.

1. No parking of motor vehicle shall be permitted within the front yard and other open interior spaces for lots having a rear yard access except in the DB Drive-In Business and OB Office Bank Zone Districts. For residential lots having no rear yard access, such as lagoon lots, beach front lots or other lots not accessible by alley, parking in the front yard setback shall be permitted, provided a minimum of eighteen feet (18') is available between the front lot line and any structure to provide sufficient space for vehicles to park without overhanging the public sidewalk, and further provided the buffer provisions contained in subsection 25-1700.11.5 are met. These provisions notwithstanding, no camper, RV, travel trailer, house trailer, mobile home, or self-propelled housing unit shall be parked in any front yard.

2. One (1) single boat or sailboat may be parked in the front yard on any lot in the residential zone district which has no rear yard access such as lagoon lots, beach front lots, or lots not accessible by alley. Parking of boats and sailboats in these areas, however, shall be subject to the following restrictions:

(a) They must be at least four feet (4') from any side property line;

(b) They must be at least four feet (4') from any structure;

(c) They must be parked or stored perpendicular to the curb line;

(d) No portion of the boat or sailboat or trailer on which they sit may encroach upon any public right-of-way, including sidewalks;

(e) If boat covers or custom made canvas covers are used they must be tightly secured to the boat or sailboat;

(f) Except for a single period of one week or less duration a boat or sailboat may be parked in these areas only during the period September 15th to May 15th.

e. Setbacks for Parking Areas. Except as otherwise noted, off-street parking areas shall not be less than four feet (4') from the established property line or within four feet (4') of any structure. Except for the driveway, said parking setbacks are buffer areas and shall be landscaped to provide permeable surfaces. No aisles, parking spaces, or driveways shall be permitted within the side yard. Entrance and exit drives, however, may transverse said yard areas.

f. Shade and Shrubbery Requirements. Off-street parking areas which provide parking for ten (10) or more vehicles shall be provided with shade trees or shrubs of a type and size approved by the Shade Tree Committee. The shade trees or shrubs shall be located in a planned manner within the parking lot area in quantity equal to not less than one (1) shade tree for every five (5) parking spaces and with shrubbery at the periphery of the parking lot to form a living wall not higher than two feet (2').

g. Parking Requirements for Mixed Uses. In the case of mixed uses, the parking facilities required shall be the sum of the requirements for the various individual uses, computed separately in accordance with this Ordinance; parking facilities for one (1) use shall not be considered as providing the required parking facilities for any other use.

h. Residential Parking Requirement. Residential parking requirements shall be met on-site at a ratio of two (2) parking spaces per dwelling unit.

i. Stacked Parking for Residential Units Permitted. Parking spaces for any residential unit may be placed in a "stacked" fashion, one behind the other, provided that each parking space is clearly designated and assigned to the dwelling unit it is intended to serve. No "stacked" parking shall be permitted for nonresidential uses.

j. Through-drives Prohibited. Within all commercial, motel and hotel and multi-family zone districts through-drives from a street to an alley shall be prohibited.

k. Motor Vehicles Signage to Apply. The provision of Title 39 of the Revised Statutes of New Jersey shall, pursuant to N.J.S.A. 39:5A-1, et seq., be made applicable to all street-level parking areas, if provision is made for over fifty (50) vehicles.

l. Truck Berths. In addition to the parking lot requirements in the preceding section, truck berths for loading and unloading of goods and materials shall be provided. Any building or outdoor area used for business, industry, storage, hospital or other nonresidential purposes which needs to be serviced regularly by trucks shall have truck berth facilities on the premises in accordance with the following:

Two (2) or more establishments which are adjacent to each other may combine their gross floor area and outdoor areas for the purpose of determining the minimum number of truck berths required when adjacent establishments utilize truck berths jointly.

The size of a truck berth shall be a minimum of forty-five feet (45') long and twelve feet (12') wide.

Driveways, aisles, loading platforms and other areas required to make a truck berth usable shall not be included in the minimum area required for a truck berth itself.

A clear height equal to a minimum of fourteen feet (14') shall be provided for each truck berth and for each truck access way between public streets.

m. Loading and unloading space, with proper access from a street or alley, shall be provided on any lot on which a building for trade or business is hereafter erected or substantially altered. (Ord. #90-18, 1; Ord. #94-16, Appx. A; Ord. #02-19)