[Amended by Ord. No. 1999-30; Ord. No. 2000-21; 5-8-2008 by Ord. No. 2008-11; 4-14-2016 by Ord. No. 2016-3]
A.
Any accessory building attached to a principal building is considered
part of the principal building and shall adhere to the yard requirements
for the principal building. For an accessory structure to be considered
attached to a principal building, at least 50% of one of the structural
walls of the accessory building shall be coincident with the principal
structure. Any accessory building connected to the principal building
by way of an enclosed walkway or breezeway shall be considered detached.
B.
Accessory buildings shall not exceed 24 feet in height, as defined and measured in Article I of this chapter, or unless otherwise provided in this chapter.
C.
Any detached accessory building shall conform to all front, rear
and side yard requirements unless otherwise provided in this chapter,
except that accessory buildings located on lots in waterfront zone
districts (R-1, R-1A, WD, R-SP, R-SC, R-HH, R-PB, R-BH or R-BB) or
directly abutting a lagoon or bay shall conform to all principal building
setbacks.
D.
This maximum top plate height shall not exceed 12 feet above finished
floor or 13 feet above grade.
E.
No habitable or occupiable space, as defined by the most recent and
current edition of the BOCA National Building Code, shall be permitted
above the maximum top plate height.
F.
Roof pitch and height may fluctuate so long as the underside of any
rafter shall not be greater than six feet 10 inches above any second
level floor or attic floor, measured at a point 21 inches horizontally
offset from a line plumb to the highest point of the roof.
G.
No portion of an accessory building shall be utilized as habitable
space as defined by the Uniform Construction Code.
[Amended 6-18-2020 by Ord. No. 2020-6]
H.
Maximum lot coverage by accessory buildings in nonwaterfront zones.
The maximum lot coverage of all accessory buildings and structures
shall not exceed the area as outlined in Schedule B.[1] Retaining walls, swimming pools and hot tubs shall not
be subject to this requirement.
[Amended 6-18-2020 by Ord. No. 2020-6]
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
I.
Maximum square footage of an accessory building in waterfront zones.
The maximum square footage of an accessory building shall not exceed
50% of the square footage of the principal building which said accessory
building is intended to serve.
[Amended 6-18-2020 by Ord. No. 2020-6]
K.
In waterfront zones (R-1, R-lA, WD, R-SP, R-SC, R-HH, R-PB, R-BH
or R-BB) or on any property directly abutting a lagoon or bay, customary
accessory structures shall conform to all principal building setbacks.
[Amended 6-18-2020 by Ord. No. 2020-6]
L.
Customary
accessory structures that comprise any portion of the building support
utility system for a principal building or use located in a flood
hazard area (FHA) as defined by N.J.A.C. 7:13 shall be elevated to
a height equal to one foot above the flood hazard area design flood
elevation as defined by N.J.A.C. 7:13.
[Added 6-18-2020 by Ord. No. 2020-6]
[Added 4-19-2022 by Ord.
No. 2022-7]
Operation of generators on residential properties shall be permissible,
subject to the following provision:
A.
EMERGENCY
GENERATOR
Definitions. For the purposes of this section, the terms herein are
defined as follows:
The loss of primary power due to power outage due to a natural
or man-made event beyond the control of the property owner or occupant.
For the purposes of this section, a residential household's failure
to pay a gas or electric bill and/or the loss of gas or electrical
service shall not constitute an emergency.
Reciprocating internal combustion engine or solar device
used to supply backup electric power when local utility is unavailable.
This definition includes all associated equipment.
B.
Permit required; location for outside equipment.
(1)
No generator shall hereafter be permanently installed or permanently
connected to service any existing residential dwelling unless such
generator meets the requirements of this section and a permit to do
so is first obtained from the Construction/Zoning Official.
(2)
All permanently installed generators shall be located in the
side yard of the lot.
(3)
All screening or fencing shall be placed in accordance with
the generator manufacturer's recommendations, the requirements of
the most currently adopted UCC/DCA codes and the zoning requirements
of the Township of Ocean. All screening or fencing shall be maintained
as originally approved. If the screening or fencing is not so maintained,
any permit granted is subject to immediate revocation by the Construction/Zoning
Official.
C.
Conditions for temporary placement. Except for generators serving
a public purpose and owned and operated by the Township, generators
temporarily used on a residential property shall be allowed only as
follows:
(1)
Only one generator with an output of not more than 24kW is allowed.
(2)
The generator shall be positioned adjacent to the central air
conditioning unit and shall extend no farther from the structure than
the central air conditioning unit. If a property lacks a central air
conditioning unit, the generator must meet the side yard setback requirements
for an accessory structure in the zone.
(3)
The generator shall be installed and operated in accordance
with the recommendation of the manufacturer and in accordance with
New Jersey Department of Community Affairs regulations.
(4)
The generator shall be used only during periods of emergency
for the duration that the local utility is unavailable; for periodic
testing and necessary maintenance operations; or for operation of
equipment attendant to the construction or renovation of a residential
dwelling.
D.
Conditions for permanent placement. Except for generators serving
a public purpose and owned and operated by the Township, generators
permanently installed shall be allowed only as follows:
(1)
Only one generator with an output of not more than 24kW is allowed.
(2)
The generator shall be positioned adjacent to the central air
conditioning unit and shall extend no farther from the structure than
the central air conditioning unit. If a property lacks a central air
conditioning unit, the generator must meet the side yard setback requirements
for an accessory structure in the zone.
(3)
The generator shall be installed in accordance with the most
current editions most currently adopted UCC/DCA codes.
(4)
The footprint of the generator, including the pad, will not
be counted as impervious coverage.
(5)
The footprint, including the pad and cover, shall not exceed
15 square feet and a height of four feet, unless flood zone requirements
dictate higher placement.
(6)
The generator shall be used only during periods of emergency
for the duration that the local utility is unavailable, or for periodic
testing and necessary maintenance operations.
(7)
The generator shall be exempt from the provisions of Chapter 245, Noise, of the Township Code only when used for emergency purposes, testing or repairs and when outfitted with a working muffler.
(8)
The exhaust of the generator shall, as much as practically feasible,
be vented upwards or directed away from neighboring properties.
(9)
The generator shall be operated for routine testing and maintenance
purposes not more than one time any seven-day period, and no test
shall exceed 30 minutes. Testing of emergency generators is permitted
between the hours of 10:00 a.m. and 5:00 p.m. Monday through Saturday,
excluding holidays.
(10)
Testing may be conducted when the unit is being repaired, provided
that such testing period shall not exceed 30 minutes and shall be
conducted only between the hours of 10:00 a.m. and 5:00 p.m. Monday
through Saturday, excluding holidays.
E.
Application for permit. The application for the installation of a
permanently installed generator in accordance herewith, on forms supplied
by the Construction/Zoning Official, shall be accompanied by a drawing
or survey prepared by a licensed land surveyor of the State of New
Jersey, showing the property lines of the lot, the location of the
building or structure, the front, side and rear yard dimensions and
the proposed location, drawn to scale, of the generator.
F.
Zoning application fee. Every application for installation/use of
a permanently installed generator to serve a residential dwelling,
building, or other structure shall be accompanied by a zoning fee
in the amount of $50; the applicant must also provide any construction
fees that may be required.
G.
Inspections required. No permanently installed generator shall be
placed in operation, or routinely tested on a residential property,
unless and until inspected and approved by the Construction/Zoning
Official.
H.
Enforcement. The enforcement of the provisions of this section shall
be within the jurisdiction of the Construction/Zoning Official or
their designee in the Township of Ocean Police Department.
I.
Violations and penalties. Any person, firm, corporation, or other
entity who shall violate any of the provisions of this section shall,
upon conviction, be subject to a fine not exceeding $1,000, imprisonment
up to 90 days, and each day that such violation shall continue shall
be deemed a separate offense.
J.
Relief from standards imposed. The Zoning Board of Adjustment shall
have jurisdiction to grant variances from any land use regulation
set forth in this section in accordance with the provisions of the
Municipal Land Use Law and the Code of the Township of Ocean.
[Amended by Ord. No. 1999-30; 6-27-2013 by Ord. No. 2013-13; 4-14-2016 by Ord. No. 2016-3]
Tool and utility sheds shall be subject to the following limitations:
A.
Tool and utility sheds in lawful existence prior to the adoption
of Ord. No. 2013-13 shall be permitted to remain. Lawfully existing
sheds may be repaired, however; they shall not be replaced unless
in conformance with the requirements below.
B.
Single-family residential properties within waterfront zones may
construct one shed, not more than 120 square feet in area, not more
than 15 feet in height, with a minimum side yard setback of three
feet and a minimum rear yard setback of three feet. In no case shall
a shed be closer than 15 feet from a bulkhead.
[Amended 6-18-2020 by Ord. No. 2020-6]
C.
Single-family residential properties within nonwaterfront zones are
allowed accessory structures up to the maximum accessory structure
lot coverage as limited under Schedule B.[1] Accessory structures shall meet all principal building
setbacks.
[Amended 6-18-2020 by Ord. No. 2020-6]
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
D.
All tool and utility sheds shall be properly anchored to the satisfaction
of the Township Construction Code Official, to ensure the safety of
the residents of the Township.
E.
Tools
and utility sheds shall not encroach within the front yard setback
of any property and shall not be closer to the street than the principal
structure.
[Added 6-18-2020 by Ord. No. 2020-6]
[Amended 4-14-2016 by Ord. No. 2016-3]
A.
No private residential pool shall be installed on any lot unless
said lot shall contain a residence and said pool shall be accessory
to the residence.
B.
Swimming pools shall adhere to the following requirements:
[Amended 4-19-2022 by Ord. No. 2022-7; 11-22-2022 by Ord. No. 2022-19]
(1)
Inground swimming pools and pool equipment in all districts shall
be 10 feet from the side property lines and 10 feet from the rear
property lines.
(2)
Aboveground swimming pools or hot tubs and equipment located on lots
within waterfront zones, but not abutting the waterfront, shall be
set back 10 feet from the side yard property line and 10 feet from
the rear yard property line.
(3)
Aboveground pools or hot tubs and equipment located on lots that
abut the water shall meet the side yard and rear yard setbacks for
the principal building.
(4)
Aboveground pools or hot tubs and equipment not located on lots within
the waterfront zones or on lots directly abutting a lagoon or bay
shall be 10 feet from the side property line and 10 feet from the
rear property line and/or bulkhead and not exceed 4.5 feet in height
as measured from the average elevation of the finished grade to the
top of the pool or hot tub or equipment.
(5)
Screening for pool equipment shall not be higher than the height
of the equipment.
(6)
Retaining walls, needed for the purposes of grading and directly
abutting an inground swimming pool, and no more than 24 inches in
height, shall be permitted within the side and rear yard setbacks
of a property.
C.
Pools shall otherwise be installed, operated and used in accordance
with other health and safety ordinances regarding water filtration,
circulation and treatment, fencing, noise and lighting. A pool permit
shall be obtained from the Township.
[Amended 4-14-2016 by Ord. No. 2016-3]
The outdoor storage of an unoccupied recreational vehicle, motor
home, trailer, camper, boat, or commercial vehicle shall be permitted
on residential lots used for single-family dwellings, provided that:
A.
Such storage shall not be located closer than 10 feet to any front
property line.
B.
Boats and trailers, a travel trailer, camper or commercial vehicle
shall not be closer than five feet to the side property line and 10
feet to the rear lot line, excluding in the driveway area.
[Amended 8-3-2023 by Ord. No. 2023-16]
C.
No more than four such recreational vehicles, motor homes, travel
trailers, campers, boats, or commercial vehicles, or any combination
thereof, shall be so stored; provided, however, a boat attached to
a boat trailer shall be considered one vehicle.
[Amended 8-3-2023 by Ord. No. 2023-16]
D.
No travel trailer, camper, or boat stored in conformance with this
section shall remain in such storage for longer than 12 consecutive
months.
E.
The storage of any such vehicles in accordance with this section
shall be conducted in an orderly manner and shall not have a negative
visual impact on adjacent properties or the surrounding neighborhood.
F.
Any such vehicles stored in accordance with this section shall not
be occupied and shall not be provided with utility connections other
than those required for vehicle maintenance.
G.
No trailer, auto trailer, trailer coach, travel trailer or camper
shall be used for dwelling purposes or as sleeping quarters for one
or more persons, nor shall any such trailer or camper be used for
storage or space for the permanent conduct of any business, profession,
occupation or trade, except that such facilities may be used for temporary
residency for the temporary replacement of a damaged dwelling unit
and for temporary use as a construction located on a site during construction,
provided that a temporary permit has been issued for its use. This
section shall not be construed so as to prohibit the parking or storage
of such trailers and campers on private premises or the recreational
use of same in campgrounds in conformance with all applicable ordinances
and codes.
[Amended by Ord. No. 2003-4]
Permits may be issued for up to 90 days, subject to one renewal
of 90 days; provided, however, that each trailer shall require a separate
permit and only one renewal may be issued by the zoning official.
Applications for further renewal must be made to the Township Committee,
which may issue further renewals upon proof of good cause. Action
on the renewal must be made at a Township Committee meeting.
[Added by Ord. No. 2003-28; amended by Ord. No.
2004-2]
A.
Quonset huts shall be considered an accessory building. Such structures
will be considered permanent structures in the event they remain on
the property in excess of six months. At the conclusion of a six-month
period, the structure shall be considered a permanent accessory building
or structure. All other zoning regulations applying to accessory buildings,
structures and/or uses shall apply to Quonset huts.
B.
Quonset huts shall include prefabricated shelters set on the foundation
of bolted steel trusses or simply set upon the ground, built with
a semicircular arching roof or corrugated metal, either insulated
with wood, fiber or not. The term "Quonset huts" shall also include
in the definition thereof, portable garages made with a membrane structure
consisting of steel, wood or plastic frame, and/or rafters and covered
with either plastic, or other nonmetal materials, commonly referred
to as "portable garages." Such portable garages and/or Quonset huts
shall be considered as a permanent accessory building or structure
and all zoning regulations applying to such accessory building, structures
and/or uses shall apply to those terms defined herein as "Quonset
huts."
[Added 6-27-2013 by Ord. No. 2013-13; amended 4-14-2016 by Ord. No. 2016-3]
Decks shall conform to the required principal setbacks for the
zoning district in which they are located with the following exceptions:
A.
Any lawfully existing deck, prior to the effective date of Ord. No.
2013-13, shall be allowed to be repaired or replaced, provided that
said repairs and/or replacement do not increase the size and/or height
of the deck. The existence of the deck, prior to the effective date
of Ord. No. 2013-13, shall be demonstrated by the property owner to
the satisfaction of the Zoning Officer and may be established by survey
containing the deck location and elevation, which was certified prior
to the effective date of Ord. No. 2013-13 and by such other evidence
as acceptable to the Township's Zoning Officer.
B.
Lots located in waterfront zones (R-1, R-1A, WD, R-SP, R-SC, R-HH,
R-PB, R-BH or R-BB) or on lots directly abutting a lagoon or bay may
construct a deck between the bulkhead line and the required principal
setback line, exclusive of any front yard areas or within five feet
of a side property line. Decks and patios constructed within this
area shall be no more than 12 inches in height, with the exception
of handrails and decorative walls. Decorative walls shall directly
abut the deck or patio and shall be no more than 24 inches in height.
Decks and patios, including handrails and decorative walls, constructed
within this area shall be permitted to extend along the length of
the bulkhead, with the exception of any front yard areas or within
five feet of a side property line.
[Amended 11-22-2022 by Ord. No. 2022-19]
C.
Decks constructed on lots in waterfront zones (R-1, R-1A, WD, R-SP,
R-SC, R-HH, R-PB, R-BH or R-BB) or on lots directly abutting a lagoon
or bay shall utilize guards or handrails with a minimum open area
of 50% of the total guard or handrail length where such guards or
handrails are required or proposed. Decks constructed on lots in all
other zones shall be permitted to incorporate closed guards or handrails
where required or proposed.
D.
Lots located in the PRD Zone may construct a patio between the rear
property line and the required principal setback line, but the patio
cannot extend more than 50% into the established rear setback, with
the exception of decorative walls. Patios may not extend beyond the
face of the structure into the side yards. Patios constructed within
the rear yard shall be no more than 12 inches in height, with the
exception of decorative walls. Decorative walls shall directly abut
the patio and shall be no more than 24 inches in height.
[Added 11-22-2022 by Ord.
No. 2022-19]
[Added 6-27-2013 by Ord. No. 2013-13]
Exterior stairs and unroofed porches shall be subject to the
following limitations:
A.
Stairs, unroofed porches, ramps and other structures constructed
to facilitate access to principal structures shall conform to the
required principal setback for the zoning district with the following
exceptions:
(1)
Stairs, unroofed porches, ramps and other structures constructed
to facilitate access to a principal structure may encroach upon the
required building setback by an area not to exceed 40 square feet.
One encroachment shall be permitted per lot. Encroachments shall not
extend beyond six feet from the face of the building.
B.
Under no circumstances shall any stairway, ramp, unroofed porch or
other structure constructed to facility access to a principal or accessory
structure encroach within 12 inches from a property line.
C.
Stairs, unroofed porches, ramps and other structures constructed
to facilitate access to accessory structures shall conform to the
required setbacks for the accessory structure.
[Added 3-16-2021 by Ord. No. 2021-4]
A designated area on the premises of a retail food establishment
or restaurant, but outside the principal building, and where patrons
may sit at tables while consuming food and beverages, which shall
be subject to the following provisions:
A.
Temporary outdoor dining area; permit required.
(1)
A temporary outdoor dining area as defined in this section may
be established for any existing retail food establishment or restaurant
facilities with a current interior dining area.
(2)
No person shall operate a temporary outdoor dining area without
a permit from the Township of Ocean. A permit for outdoor dining is
limited to the period of April 1 through November 30 each calendar
year. An annual permit shall expire on December 1 each year.
(3)
Applicants shall apply for permit approval in accordance with
the provisions of this chapter. All such applications must be approved
by the Zoning Officer and shall be referred to the Chief of Police,
who shall provide the Zoning Officer with written reports of their
opinions and recommendations regarding the application.
(4)
The applicant shall meet the general ordinance requirements
and all other laws, rules, regulations and codes applicable to the
proposed activity.
(5)
Any restaurant or retail food establishment which has previously
received approval by resolution of the Planning Board or Zoning Board
of Adjustment for outside seating is exempt from the above permitting
requirement. This exemption applies only for the specified number
of seats permitted in the approving resolution.
(6)
Temporary outdoor dining areas located on public sidewalk or
public right-of-way or fire lane are prohibited.
(7)
An application and permit shall be required for all temporary
outdoor dining areas.
(a)
All permits required by this section shall be applied for and
obtained from the office of the Zoning Officer.
(b)
The applicant proposing to establish a temporary outdoor dining
area must provide current licensed occupancy.
(c)
The applicant shall submit to the Zoning Officer a layout of
the proposed seating areas, which shall include a depiction of all
aisles, seating areas and means of ingress and egress. The applicant
shall also detail proposed barriers such as large planters or shrubs,
decorative fencing or vehicle barriers designed to enclose the eating
area.
(d)
The applicant shall detail plans to control litter and waste.
(8)
All temporary outdoor dining areas shall comply with the following
rules, regulations, and specifications.
(a)
The Zoning Officer shall review each application to ensure that
the proposed operation of the temporary outdoor dining area will not
interfere with pedestrian or vehicular traffic. Six feet of unobstructed
sidewalk. However, in no event shall the unobstructed sidewalk be
less than four feet.
(b)
The temporary outdoor dining area shall be operated and maintained
in accordance with the outdoor seating plan.
(c)
Any proposed temporary outdoor seating shall be in addition
to any permitted indoor seating.
(d)
No furniture, apparatus, decoration, or appurtenance used in
connection with the operation of the temporary outdoor dining area
shall be located in such a way as to impede the safe and speedy egress
to or from any building or structure.
(e)
The outdoor area used by the temporary outdoor dining area shall
be kept clean and free of litter and shall be washed as required.
(f)
Noise shall be kept at such a level as to comply in all aspects
with the provisions of applicable ordinances of the Township.
(g)
Temporary outdoor dining areas shall be permitted to operate
from 7:00 a.m. until 10:00 p.m., Monday through Thursday, and 7:00
a.m. until 11:00 p.m., Friday through Saturday, and Sunday 7:00 a.m.
until 10:00 p.m. during the months of April through November.
(h)
Furniture, apparatus, decorations, and appurtenances must be
maintained in an orderly fashion within the temporary outdoor dining
area during hours of operation, and at closing a specific breakdown
process must be implemented to assure the same.
(i)
Canopies, tents, and/or umbrellas shall be permitted, provided
same are set forth on the temporary outdoor dining plan submitted
with the permit and approved by the Township.
(j)
No outdoor bar or serving stations that require plumbing or
electric are permitted.
(k)
Applicants must comply with all ABC regulations and permit requirements
pertaining to outdoor alcohol beverage sales and consumption. Any
served or BYOB beverages must remain within approved designated areas.
(l)
Temporary outdoor dining areas shall be solely an extension
of the permitted business use within the adjacent building or storefront.
B.
The temporary outdoor dining area shall be a permitted accessory
use in the following zones:
C.
Permit fee. Effective January 1, 2021, the fee for a temporary outdoor
dining permit shall be $50. Any permits issued prior to January 1,
2021, shall not require a fee.
