A.
The Township of Eagleswood has an unusually large number of structures
which retain their original historical character. Properly utilized,
managed, maintained and restored, the structures can serve as a unique
and valuable resource for the Township of Eagleswood.
B.
Other events occurring in Southern Ocean County, including but not
limited to the recent opening and planned expansion of the Baymen's
Museum in the Borough of Tuckerton, demonstrate strong recognition
of the region's special character and history. Eagleswood Township
is in a position to take advantage of this character and tradition
by encouraging the continuation and utilization of the unusually high
number of historical structures still remaining in Eagleswood Township.
C.
Due to the changes in the commercial and retail industries in the
nation as a whole and in Southern Ocean County in particular in the
recent past, the business or commercial district in Eagleswood Township,
particularly in the downtown area, is in need of support and encouragement
as evidenced by the existence of vacant and abandoned commercial and
residential properties within the district.
D.
Because of the importance of tourism to the region in general, the
anticipated growth of tourism related to the historical features of
the area built around Baymen's Museum and the limited adaptability
of many of the historical structures in Eagleswood Township to other
types of commercial uses as well as the difficulty in bringing those
structures into strict compliance with the requirements of the Eagleswood
Township Zoning Ordinance, the Township Committee deems it appropriate
and beneficial for Eagleswood to afford a certain relief of the terms,
conditions and requirements of this chapter. It is hoped that this
relief will allow and encourage a commercial use of the historic structures
in Eagleswood Township that maintains their historic character.[1]
As used in this article, the following terms shall have the
meanings indicated.
An owner-occupied structure renting individual rooms, two
weeks' maximum, to guests and having no cooking facilities directly
available for use by the guests, shall constitute a bed-and-breakfast
facility. Such structures located in the R-3, C-1, C-2 and C-3 Zones
would be permitted as a bed-and-breakfast. The availability of food
service in the facility shall not disqualify the facility from this
category so long as guests are not provided access to the cooking
or food preparation facilities and food is prepared and served by
the owner or an employee of the owner.
An owner-occupied structure renting individual rooms, two
weeks' maximum, to guests and having no food service shall constitute
a guesthouse. Such structures located in the R-3, C-1, C-2 and C-3
Zones would be permitted as a guesthouse.
Shall consist of, but not be limited to, antique, candle,
candy, floral, fabric, greeting card and novelty types of establishments.
Shall consist of, but not be limited to, bicycle repair,
clock repair, seamstress, shoe repair and other similar services.
Any structure built before 1920 and maintained to an appearance
consistent with its original design, including but not limited to
the style of siding, windows, roofline, trim and architectural embellishments.
Utilization of modern materials such as vinyl siding or construction
of additions to the rear of such structures shall not disqualify a
structure so long as its appearance is consistent with the purpose
and intent of this article as expressed above.
Any porch area, roofed or unroofed, which is not supplied
with any form of climate control and has no vertical enclosures other
than half walls or railings no higher than 42 inches and, from the
top of the half wall to the roof area, has no enclosures other than
screens or roll-up sunshades or blinds which could be adjusted or
removed to allow free flow of air.[1]
Facilities serving full meals of any sort to customers other
than or in addition to customers who are overnight guests of the facility.
Facility in which coffees, teas and other beverages are served
to customers other than those who are residing in the facility as
overnight guests. Coffee shops and tea rooms may also serve baked
goods and dessert-type fare.
[Amended 12-15-2002 by Ord. No. 2002-14]
An historical structure located in the R-3, C-1, C-2, C-2/V
and C-3 Zones of Eagleswood Township that is occupied as a residence
or guesthouse by the owner may be utilized as a bed-and-breakfast
regardless of the uses otherwise permitted in that zone. Such structures
located in the C-1, C-2, C-2/V and C-3 Zones may be also used as restaurants,
tap rooms, coffee shops and retail and service establishments, provided
that the owner is also occupying the structure as a residence.
A.
Off-street parking.
(1)
Bed-and-breakfast or guesthouse shall have one parking space for
any on-site owner's apartment. Restaurants, tea rooms or coffee shops
shall have one parking space for every four seats, together with one
parking space for any on-site owner's apartment. Historical retail
and historical service establishments shall provide two parking spaces
for the first 400 square feet and an additional one parking space
for each additional 400 square feet or part thereof.
(2)
Bed-and-breakfast facilities which will serve food only to guests
will not be required to have any additional parking spaces, except
those required in connection with guest rooms.
(3)
Bed-and-breakfasts, which will offer food to the public as well as
their guests, will be required to meet the parking requirements for
restaurants, tea rooms and coffee shops to the extent that seating
capacity exceeds guest room capacity. Owner or employee parking provided
in connection with bed-and-breakfast or guesthouse requirements shall
also apply toward employee parking for restaurants, tea rooms and
coffee shops.
B.
On-street parking. Bed-and-breakfast, guesthouse, restaurants, coffee
shops and tea rooms may take credit for on-street parking, provided
that: on-street parking credits are available only for spaces actually
existing on the street and located on the same side of the street
as the facility and between the extended lot lines of the facility
and so long as parking in these spaces is not otherwise prohibited
by local, county or state parking prohibitions including regulations
regarding parking within proximity to an intersection and so long
as such spaces do not violate applicable sight triangle standards
for road intersections.
Notwithstanding the bulk requirements otherwise applicable in
the zone, the bulk requirements applicable to a bed-and-breakfast,
coffee shop, tea room or restaurant which otherwise fits the criteria
of this chapter shall be as follows.
A.
Minimum building size: none.
B.
Minimum lot width: 60 feet.
C.
Minimum lot depth: 140 feet.
D.
Minimum lot area: 8,400 feet.
E.
Minimum front yard: 10 feet, with a further provision that an open
front porch or stoop may be provided or exist with a five-foot front
yard setback for existing structures only.
F.
Minimum rear yard: 30 feet for existing structures only.
G.
Minimum side yard: minimum five feet each side, or at least 10 feet
on one side, and a minimum distance between building on adjacent properties
of 15 feet for existing structures only.
H.
Maximum of first-floor space only to be used for service and retail
establishments, tea rooms or coffee shops.
A.
Nothing within this provision shall be deemed to eliminate the requirement
that any proposal to operate a bed-and-breakfast, coffee shop, guesthouse,
historical retail and service establishments, restaurant or tea room
apply for site approval to Land Use Board.
B.
In order to encourage such applications, while determining compliance
with this article, certain modifications to the site plan requirements
shall apply as set forth herein.
(1)
Except in the case of a facility which, under the standard of this
article, will require a total of 10 or more parking spaces, inclusive
of on-street and off-street parking, such application shall be treated
as a minor site plan.
(2)
The applicant may substitute a plot plan with any existing and proposed
site improvement drawings thereon in place of a more formal site plan
drawing. An accurate survey of five years or less which must show
all existing improvements.
(3)
In lieu of paved parking lots, applicants may utilize three-fourths-inch
quarry blend stone or equivalent at a six-inch depth to be packed
or rolled firmly.
(4)
Applicant must provide a paved driveway apron of at least 20 feet
from the edge of the paved right-of-way to minimize stone being carried
across the apron and into the paved right-of-way. This apron may be
constructed from concrete, macadam, cobblestone bricks or brick pavers.
The concrete must have a three-and-one-half-inch thickness, three-thousand-pound
mix with wire mesh. Cobblestone bricks or brick pavers per manufacturers
specifications for vehicular traffic. Macadam: two-inch to three-inch
FABC.
(5)
Notwithstanding any other requirements to the contrary, one two-way
driveway shall be acceptable with a minimum width of nine feet.
(6)
In lieu of concrete curbing, the parking lot area may be constructed
and delineated using wood curbing, wheelstops or wood barricades.
Wood curbing shall have six-by-six timbers treated to 0.40 CCA. Timbers
must be anchored in two places with minimum twenty-four-inch rerod
or equivalent. Concrete curb stops must be anchored in two places
with minimum twenty-four-inch rerod or equivalent.
(7)
Soil erosion and sediment control are to be addressed by Ordinance No. 7-76, Chapter 226, Soil Erosion and Sediment Control.
(8)
The applicant is to submit interior floor plans. To the extent that
a dining room is proposed in the facility, such floor plan shall include
seating and table layout. The applicant is also to submit front and
side architectural elevations or, in lieu thereof, front and side
photographs of the existing structures and to provide a written statement
setting forth in detail all proposed changes, if any, in the appearance
of the structure with regard to any property falling under the provisions
of this article.