In order to protect the general health, safety
and welfare of Ventnor City residents and in recognition of the high
density of development of the City, the following regulations shall
apply.
[Added 12-20-2012 by Ord. No. 2012-15; amended 10-17-2013 by Ord. No.
2013-19]
All sections of Chapter 102 herein which contained duplexes and apartments as permitted or designated as prior nonconforming structures shall be modified and amended herein.
[1]
Editor’s Note: Former § 102-115.2, Replacement
of existing nonconforming duplexes and apartments, was repealed 4-12-2018
by Ord. No. 2018-07.
[Added 12-20-2012 by Ord. No. 2012-15; amended 10-17-2013 by Ord. No.
2013-19]
The following area and bulk requirements shall apply:
C.
The minimum lot depth shall be 62.5 feet.
H.
The maximum principal building height shall be 35 feet.
I.
Off-street parking shall be provided in accordance with the Residential
Site Improvement Standards. Parking shall be provided beneath the
structure and shall be fully enclosed.
J.
The new structure must conform to the minimum flood elevation.
K.
Dwellings on lots with frontage on more than one street shall be
required to front on the street where the majority of dwellings in
the block have frontage.
[Added 5-11-2017 by Ord.
No. 2017-15]
Restaurants with plenary retail consumption licenses shall be
permitted in the following districts:
A.
The City Commercial District, but only for properties located within
150 feet of the center line of Ventnor Avenue, Atlantic Avenue or
Dorset Avenue.
B.
The Commercial/Mixed Use District, but only for properties located
within 150 feet of the center line of Ventnor Avenue or Atlantic Avenue.
C.
The Design Commercial District, commonly referred to as the "Ventnor
Gardens Plaza." However, there is a specific restriction in this district
that no restaurant with a plenary retail consumption license shall
be located within 2,000 feet of any other restaurant with a plenary
retail consumption license located within the City.
A.
The following uses are prohibited in all districts:
(1)
Automotive salvage yards or outdoor storage of wrecked
automobiles or parts thereof.
(2)
Mobile homes and occupied residential vehicles or
trailers. Those parked or stored at private residences must be in
rear yards and no closer than five feet from all rear and side property
lines. In no case shall they be hooked up to utility service. No such
vehicles shall be stored in common parking areas of apartments, high-rises
or townhouses.
(3)
Boats occupied for more than 48 hours, and in no case
shall they be hooked up to permanent utility services.
(4)
Sanitary landfills.
(5)
Roadside stands or sales from vehicles or vacant lots.
(6)
Mobile or temporary signs of any kind not specified
within district regulations.
(7)
Any temporary or permanent obstructions at intersections.
(8)
Any use which includes the storage of gasoline or
other petroleum products not permitted in any other section of this
chapter.
(9)
Any use which includes the manufacture or storage
of explosives, fat, fertilizer, gas, glue or the reduction of garbage,
offal or dead animals.
(10)
Any use which involves the smelting of tin,
copper, zinc or iron ores.
(11)
Any uses which, by reason of emission of odor,
dust, gas, smoke or noise, are detrimental to the health, safety or
general welfare of the community.
(12)
Any use which creates vibration or glare that
goes beyond property lines.
(13)
Establishments intended primarily for patron
and/or employee intercept parking and/or the storage or service of
fleet or company owned vehicles.
(14)
Any and all Class One cannabis cultivation facilities involved
in the growing and cultivating of cannabis.
[Added 6-10-2021 by Ord.
No. 2021-09]
(15)
Any and all Class Two cannabis manufacturing facilities involved
in the manufacturing, preparation, and packaging of cannabis items.
[Added 6-10-2021 by Ord.
No. 2021-09]
(16)
Any and all Class Three cannabis wholesaler facilities involved
in the obtaining and selling of cannabis items for later resale by
another licensee.
[Added 6-10-2021 by Ord.
No. 2021-09]
(17)
Any and all Class Four cannabis distribution facilities involved
in transporting cannabis plants in bulk from a licensed cultivator
to another licensed cultivator, or cannabis items in bulk from any
type of licensed cannabis business to another.
[Added 6-10-2021 by Ord.
No. 2021-09]
(18)
Any and all cannabis retailers which sell cannabis items and
related supplies to consumers.
[Added 6-10-2021 by Ord.
No. 2021-09]
(19)
Any and all Class Six cannabis delivery businesses providing
courier services. However, this prohibition shall not prohibit deliveries
made into the City by a Class Six licensed business providing courier
services for consumer purchases that are fulfilled by a licensed cannabis
retailer located in another municipality making deliveries of purchased
cannabis items to consumers located within the City of Ventnor.
[Added 6-10-2021 by Ord.
No. 2021-09]
B.
All automobile and boat repair shops shall be required
to keep all vehicles within their property lines. In no case shall
the sidewalk or the right-of-way of any street or alley be used for
the storage of these types of vehicles, either under repair or waiting
to be repaired.
[Amended 7-5-1990 by Ord. No. 9015]
A.
For all single-family lots having frontage along an
Environmental District, private boat slips, not for sale or rental,
shall be permitted as an accessory use. For lots with more than four
proposed boat slips, a minor site plan approval must be obtained.
The minimum parking requirements of one off-street on-site parking
space/boat slip must be adhered to for the number of slips exceeding
four.
B.
For all townhome, duplex or other multifamily unit
developments having frontage along an Environmental District, private
boat slips, not for sale or rental, not to exceed one slip per unit,
shall be permitted as an accessory use. For all such projects, a major
site plan submission shall be made to the Planning Board for review
and approval. The minimum parking requirement of one off-street on-site
parking space per boat slip must be adhered to.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Added 10-28-2021 by Ord.
No. 2021-21]
A.
Storage sheds are a permitted accessory structure in each residential
zone with the following provisions:
(2)
Lot sizes of 3,000 square feet or less may have one shed up
to 80 square feet in area.
(3)
Lot sizes of greater than 3,000 square feet but less than 5,001
square feet may have one shed up to 120 square feet in area.
(4)
Lot sizes greater than 5,000 square feet may have one shed up
to 160 square feet in area.
(5)
Maximum shed height is 12 feet to peak.
(6)
Shed roofs must have a minimum roof pitch of 4:12.
(7)
All setbacks must be three feet from any rear and side property
lines.
(8)
No sheds are permitted within any front yard setback or in front
of any principal structure.
(9)
Sheds shall not be visible from the boardwalk.
(10)
Sheds located within the building setbacks shall comply with
the above requirements.
(11)
Duplexes and two-family dwellings may each have a shed complying
with the above requirements.
(12)
Storage sheds may not be located within any easement.
B.
Storage sheds are prohibited in residential units that have more than two dwelling units. A detached garage for use as a shed may be permitted if it meets the above requirements in Subsection A.
C.
Portable storage units.
(1)
Portable storage containers shall be anchored or attached to
a residential dwelling or commercial building.
(2)
Portable storage containers shall meet the minimum setback requirements
of three feet to the rear and side property lines.
(3)
Portable storage containers may not be located within any easement.
(4)
Maximum size of any portable storage container shall be four
feet wide, six feet deep and six feet in height with a maximum volume
of 144 cubic feet.
(5)
One portable storage container per dwelling unit up two dwelling
units are permitted.
(6)
The maximum length of time a portable storage container may
be in place shall be 12 months.
(7)
Zoning permits are required for all portable storage units.
The otherwise lawful use of a building or land
existing at the time of the adoption of this chapter may be continued,
although such use does not conform to the provisions of this chapter,
provided that:
A.
Such use shall not be extended or enlarged without
conforming to all regulations of the district in which it is located.
B.
The existence of a nonconforming use on a part of
a lot or tract shall not be construed to establish a nonconforming
use on the entire tract or lot.
C.
Whenever a nonconforming use is discontinued or changed
to a conforming use, it shall not thereafter be changed back to a
nonconforming use.
D.
Whenever a nonconforming structure has been damaged
by fire or other causes to the extent of 75% of its market value,
as determined by the Construction Official, it shall be rebuilt or
repaired in conformity with the regulations of the district in which
it is located.[1]
[1]
Editor's Note: Former Subsection E, concerning
nonconforming uses or structures which cease operations for a period
of more than one year, which subsection immediately followed this
subsection, was repealed 11-12-1998 by Ord. No. 9824.
[Added 6-7-2007 by Ord.
No. 2007-5; amended 6-28-2018 by Ord. No. 2018-26; 11-14-2019 by Ord. No. 2019-18; 10-28-2021 by Ord. No. 2021-21]
A.
The maximum permitted principal building height shall be determined
based on lot width as follows:
|
Lot Width
(feet)
|
Maximum Building Height
(feet)
|
|---|---|
|
Less than or equal to 40 feet
|
31
|
|
Greater than 40 feet
|
35
|
B.
The minimum required roof pitch in any residential district is 5:12
for all gable and hip roofs.
(1)
Dormer roofs may be allowed a lesser roof pitch of 3:12 for
a shed roof.
(2)
Dormers must be within the minimum physical setback of the building
and not more than 40% in length of the building along each yard or
be more than 40% of the total floor area of the half story excluding
stairwells and elevators.
(3)
The following also pertain to dormers:
(a)
Multiple dormers are encouraged instead of one large dormer.[1]
[1]
Editor's Note: Ordinance No. 2021-21 also repealed original § 102-118B(3)(a), which concerned the size and placement of dormer faces.
(b)
Dormers are permitted to have a shed roof of 3:12. Gable roofs
shall have a minimum 4:12 roof pitch. No flat dormer roofs are permitted.[2]
[2]
Editor's Note: Ordinance No. 2021-21 also repealed original § 102-118B(3)(b), which concerned dormer size and spacing.
(c)
Dormers are permitted on a hip roof and shall comply with the
same setback requirements unless used as access to a deck.
C.
Flat roofs shall be permitted with a maximum building height of 28 feet measured from the location of the finished first floor. See § 102-11, "building height, principal building," and the Flood Damage Prevention Ordinance.[3] A third habitable floor of a flat roof shall be inset
an additional five feet from any principal building wall of the floor
below except for stairwells and elevators. Rooftop decks or a viewing
area of any kind above the third habitable floor are prohibited.
If the Construction Official, upon inspection,
determines that an unsafe condition exists with respect to building
soundness, fence or wall soundness or sign soundness, he shall notify
the owner of his findings and state his reasons and order the condition
repaired or removed within a reasonable time period.
A.
[1]In all zoning districts with rear yards along mean high
water, bulkheads, or wetlands, the rear setback requirement for accessory
buildings shall be the same as that required in that zoning district
for the principal building.
[Added 9-17-2004 by Ord. No. 2004-8]
[1]
Editor's Note: Former Subsection A, concerning
increases in the height limit of buildings, was repealed 5-1-2003
by Ord. No. 2003-2.
B.
A public or semipublic building such as a school or
church may be erected not to exceed 50 feet in height above elevation
10 mean sea level and to contain not more than 3 1/2 stories,
provided that all yards shall be increased one foot for each additional
foot of building height in excess of the maximum height permitted.
C.
The maximum principal building height limits in Chapter 102, Development Regulations, shall not apply to church spires, church belfries, church cupolas in residential districts; municipally owned buildings in all districts; and chimneys, flues, elevators, or mechanicals in design and city commercial districts, provided that:
[Amended 6-7-2007 by Ord. No. 2007-5]
D.
Lot areas shall not be less than the required in each
district with the minimum setbacks prescribed, except that if a lot
of record prior to adoption of this chapter has less area, frontage,
depth or width than herein required, such lot may be used for a permitted
use and for such accessory uses, excluding educational uses, permitted
in the district, provided that:
(1)
The lot area is not more than 10% short of minimum
requirements.
(2)
The lot is not contiguous to any other vacant
lot(s) in the same ownership.
(3)
Minimum setbacks and other requirements of the
use are met.
(4)
As a further exception, there shall be allowed in § 102-22, single-family residence dwellings to be constructed on lots of 4,000 square feet. If said lots were existing at the time of the adoption of this chapter, such construction shall be allowed, provided that all the setbacks required within said district are complied with, and further provided that these undersized lots are not contiguous to any other lot or lots in the same ownership.
[Added 6-4-1992 by Ord. No. 9206[2]]
[2]
Editor's Note: Section 1 of this ordinance
stated that this subsection was "originally existing within the Ventnor
City Development Regulations and omitted in error at the time of printing."
E.
Lodging or tourist homes existing prior to the adoption
of this chapter and which were otherwise lawful, meaning, in the case
of building conversions, that they were duly recorded with the Construction
Official, were in compliance with building safety standards and were
issued necessary permits, may still be considered as permissible uses,
provided that:
(1)
Such use will not be enlarged or extended without
adequate provision for off-street parking.
(2)
If, in the event of fire or other causes, the
building is damaged to the extent of 65% of its true market value,
as determined by the Construction Official, it may be repaired or
rebuilt with the same area and bulk but with provision for off-street
parking.
F.
If any building within a commercial district is rebuilt
for any reason, the Planning Board may, upon site plan review, increase
the permitted height to be increased not more than 10 feet in order
to provide adequate room for on-site off-street parking.
G.
Notwithstanding other sections of this article, the
Planning Board may, upon site plan review of a permitted use in a
commercial district, alter yard requirements to encourage unique design
or better pedestrian or vehicular access.
H.
Apartment houses containing three or more dwelling
units existing prior to the adoption of this chapter and which were
otherwise lawful, meaning, in the case of building conversions, that
they were duly recorded with the Construction Official, were in compliance
with building safety standards and were issued necessary permits,
may still be considered as permissible uses, provided that:
(1)
Such use shall not be enlarged or extended without
adequate provision for off-street on-site parking.
(2)
If, in the event of fire or other causes, the
building is damaged to the extent of 65% of its true market value,
as determined by the Construction Official, it may be repaired or
rebuilt with the same area and bulk but with provision for off-street
on-site parking.
I.
Restoration of existing uses, buildings or structures, nonconforming.[3]
[Added 1-17-2013 by Ord. No. 2012-18; amended 3-19-2015 by Ord. No.
2015-09]
(1)
For purposes of floodproofing renovations, the finished first
floor of any existing nonconforming structure may be increased in
elevation without board action, conditioned upon the following: No
habitable living space of any kind shall be created below the finished
first-floor elevation and this space meets the definition of enclosure,
and no building shall be raised more than three feet above the established
Federal Emergency Management Agency (FEMA) base flood elevation at
the time of construction.
(2)
The definition of "building height" for purposes of this section
shall be modified to permit an increased elevation in height up to
but not more than three feet above the base flood elevation.
[3]
Editor's Note: Former Subsection I, regarding lot size requirements,
was repealed 7-18-2002 by Ord. No. 2002-11.
J.
Maximum building heights may be modified to allow for increased heights
subject to the following:
[Added 3-19-2015 by Ord.
No. 2015-09; amended 10-28-2021 by Ord. No. 2021-21]
(1)
For purposes of providing off-street parking and floodproofing
of any proposed new single-family, duplex or two-family dwelling structures
that conform to all setback regulations, building height may be increased
so that the finished first floor is a maximum of nine feet higher
than the highest curb elevation along the lot frontage. The parking
provided below the building must meet at least 50% of the required
spaces. Building height shall be the vertical distance measured from
the finished first-floor elevation to the highest finished surface
of the coping for a flat roof, deckline for a mansard roof, or gable
for a pitched or hip roof structure.
(2)
Off-street parking must be provided in accordance with § 102-118.6. Any parking provided within the building envelope and below the first floor must be enclosed within the structure and comply with the definition of enclosure.
(3)
Steps and stairs to the first habitable floor areas in front yards may not exceed 13 feet in width and must otherwise conform to § 102-118.3B.
A.
Roof eaves projections shall be limited to a maximum
of 18 inches into any yard. Mechanical equipment (HVAC) may be placed
not more than four feet into any already conforming front yard setback
or into side and rear setbacks, provided that there is maintained
a minimum distance of four feet between the edge of the unit or unit
pad and the side or rear property line. If placed within the front
yard setback, the units shall be fully buffered with either fencing
or sufficient landscaping extending to the top of the mechanical units.
No mechanical unit or pad shall exceed 10 feet along any said line.
[Amended 11-12-1998 by Ord. No. 9824; 5-1-2003 by Ord. No. 2003-2; 4-21-2005 by Ord. No. 2005-09]
B.
Projections into front yard setbacks by decks and single-story porches
shall be limited to five feet, provided that the principal building
is currently conforming to the current front yard requirements of
the zoning district. Projections by second floor decks and stairs
to upper floor areas shall be limited to five feet into the front
yard setback, provided that the principal structure is currently conforming
to the front yard setbacks of the zoning district or if a variance
is granted for front yard setbacks. Properties with existing first-floor
porches projecting greater than four feet into the front yard setback
may have second floor decks constructed over the existing porch, provided
that said deck does not extend beyond the limits of the first floor
porch footprint.
[Amended 11-12-1998 by Ord. No. 9824; 5-1-2003 by Ord. No. 2003-2; 4-21-2005 by Ord. No. 2005-09; 10-28-2021 by Ord. No. 2021-21]
C.
Projections into rear yards by fire escapes shall
be limited to six feet.
D.
Decks in the rear yard.
[Amended 4-27-1995 by Ord. No. 9507; 3-19-2015 by Ord. No.
2015-10]
(1)
Decks in the rear yards at a finished elevation no greater than
16 inches above the existing sidewalk elevation in front of said properties
shall be no closer than four feet from the rear property line. Porches
and decks shall be permitted to extend to the established seawall
or bulkhead; however, no porch or deck shall be permitted within the
side yard setbacks required in the zone.
(2)
The decks shall be no higher than the first habitable floor
of the dwelling with a railing no higher than 42 inches from said
porch or deck.
(3)
For first habitable story porches and decks, encroachment into
the rear yard setback is permitted, providing that the porch/deck
width measured from the rear of the dwelling toward the rear lot line
is no greater than six feet. A maximum rear yard setback encroachment
shall be permitted. A minimum six-foot rear yard setback as measured
from the rear lot line is also required.
(4)
Porches and decks in the rear yard shall be no higher than the
first habitable story for dwellings adjacent to Inside Thorofare,
West Canal, East Canal and Beach Thorofare.
(5)
Porches and decks in the rear yard shall be no higher than the
first habitable story for dwellings adjacent to the bulkhead or seawall
along the boardwalk and Atlantic Ocean.
(6)
For dwelling structures raised in accordance with § 102-118.2J, the maximum deck or porch height is nine feet higher than the highest curb elevation along the lot frontage.
E.
Decks on boardwalk front lots.
[Added 10-28-2021 by Ord.
No. 2021-21]
(1)
Front yard setbacks and encroachments to all decks adjacent
to the boardwalk shall be as required in the ordinance.
(2)
Decks adjacent to the boardwalk may have a timber walkway a
maximum of four feet wide connecting to the boardwalk with written
permission from the City Engineer.
(a)
Both entrances at the boardwalk shall be gated and not encroach
onto the boardwalk itself.
(b)
All gates must be lockable and latchable.
(c)
All walkways shall be fully maintained by the property owners
at no cost to the City.
(d)
The City maintains the right to revoke and remove the entrance(s)
if deemed a safety issue for the general welfare of the public.
(e)
The railings shall be open and not block any views.
(f)
All properties that have pools shall comply with the requirements
of Construction Code on the non-boardwalk end of the walkway.
(g)
The walkway shall be at the same elevation as the boardwalk.
(h)
Walkways may only be constructed with all of the necessary permits
being obtained.
F.
Bay windows and exterior fireplace/chimney walls shall
be permitted to extend not more than three feet into front and rear
yard setbacks and two feet into side yard setbacks only when the principal
structure is in compliance with current setback requirements of the
zoning district. The width of the individual bay window or fireplace/chimney
wall, or combination of both in total width, shall not exceed 30%
of the total exterior wall width of which they are a part.
[Amended 4-21-2005 by Ord. No. 2005-9]
G.
In garden apartments and townhouses, appropriate facilities
for the placing of trash and garbage and the collection and removal
thereof shall be constructed separate and apart from dwelling units.
Such facilities shall be completely enclosed and so constructed that
the trash or garbage shall not be visible to the general public. Such
structures shall meet with the approval of the Construction Official
and the County Board of Health.
H.
No use, principal, conditional or accessory, shall
be enlarged or extended beyond the level existing at the time of the
passage of this chapter without adequate provision for off-street
parking.
I.
Standards specifically pertaining to marine commercial
uses include:
(1)
All mechanical service shall take place within
fully enclosed structures.
(2)
All sales, with the exception of boat sales,
shall take place within fully enclosed structures.
(3)
All state and federal requirements pertaining
to land and business shall be met.
(5)
Boat storage on contiguous parcels may be permitted,
subject to Planning Board approval.
(6)
Gasoline sales for boats only shall be permitted,
subject to Ventnor Fire Department review and approval.
J.
Lands within the Environmental District or lands which
are found to be wetlands shall not be used to calculate lot area or
as a part of permitted density calculations unless specifically approved
by the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
K.
All applications, except for one- and two-dwelling-unit
buildings, shall provide appropriate facilities for the placing of
trash and garbage, and collection, compaction and removal thereof
shall be constructed separate and apart from structures. Such facilities
shall:
(1)
Be completely enclosed and so constructed that
the trash and garbage shall not be visible to the general public.
(2)
Be aesthetically designed to fit within the
overall project design.
(3)
Be buffered from principal structures, parking
facilities and pedestrian and vehicular roadways.
(4)
Be designed so as to be readily accessible to
users.
(5)
Meet the approval of the City Construction Official
and the County Board of Health.
L.
Any use involving a plenary retail distribution license
for permitted sale of alcoholic beverages shall have direct access
solely from a public street and shall not have any access to or be
part of any other access to any other use within the existing or adjacent
building floor levels. No other use within the same or adjacent buildings
shall be permitted to have access through, or part of any direct access
to, any use involving the plenary retail distribution license for
permitted sale of alcoholic beverages.
[Added 4-8-1999 by Ord. No. 9907]
M.
Wireless communications facilities, including towers,
electronic equipment and/or transmitting/receiving antennas, shall
be permitted in any zoning district only upon lands owned by the City
of Ventnor City or unimproved roadway rights-of-way and subject to
municipal approval, bid and lease with the governing body.
[Added 11-9-2000 by Ord. No. 2011]
N.
Steps or stairs from first floor decks or porches
not higher than the one-hundred-year base flood elevation as determined
by the Federal Emergency Management Agency for that zone shall be
permitted to extend from the deck or principal structure to the front
property line. The exterior width of the steps, including support
foundation and planters, shall not, at any point, be wider than eight
feet when constructed within the front yard setback. The maximum finished
elevation of the steps within the front yard at the property line
shall not be greater than four inches (0.33 feet) above the top of
the curbing immediately in front of the proposed steps.
[Added 5-1-2003 by Ord. No. 2003-2]
O.
Aboveground oil tanks are permitted to be installed
in the rear yard area of the property as defined by the Construction
Code Official, provided that the tank is placed immediately adjacent
to the principal structure and results in an overall reduction of
the district conforming rear yard principal building setback by not
more than 36 inches. Tanks are permitted in the side yards, provided
that they meet the district principal building side yard setback requirements
for the zoning district. No aboveground tanks are permitted between
the principal structure and any street. No top of any tank shall be
permitted to be set higher than six feet above existing grade, and
the tank must be placed on a concrete pad not less than six inches
in thickness.
[Added 7-6-2006 by Ord. No. 2006-9]
P.
Electric vehicle charging stations owned or leased by the City of Ventnor for public use as well as private EVSE shall be permitted as an accessory use in all zoning districts excepting the Environmental District. No owner or developer of a property in Ventnor City shall install private electric vehicle supply equipment in or adjacent to a vehicle right-of-way in such a way that the private electric vehicle supply equipment is to be used from a vehicle parked in a public right-of-way and/or on-street parking space. The City of Ventnor is authorized pursuant to Chapter 217, Vehicles, Parking Of, of the City Ordinances, as amended, to designate on-street parking spaces for electric vehicle charging.
[Added 4-26-2018 by Ord.
No. 2018-14]
[Amended 11-19-2015 by Ord. No. 2015-26]
A.
All areas not covered by roadways, parking areas, impervious walkway
areas or buildings shall be landscaped with natural indigenous living
landscaping materials. Native coastal vegetation should be utilized
to the extent possible. A landscaping plan shall be submitted when
landscaping is required in accordance with this section, indicating
location, types, sizes and number of all landscaping materials to
be installed.
B.
All landscaped areas shall be maintained regularly and replaced as
needed. A schedule for maintenance, including specifications, methods
and procedures to be utilized, shall be submitted with the landscaping
plan submitted as a part of the site plan application.
C.
Privacy walls not to exceed five feet in height are permitted when
designed in conjunction with berms and landscaping, pursuant to the
rules and regulations of this article.
D.
All landscaping in parking areas shall be carefully located so as
not to obstruct vision. Clear sight shall be provided at all street
intersections and comply with the American Association of State Highway
Transportation Officials (AASHTO), "A Policy on Geometric Design of
Highways and Streets 2011, 6th Edition."
E.
Landscaping materials should conform to the Plant Species List -
Appendix A[1] to the maximum extent practicable, included as an attachment to this chapter.
[1]
Editor's Note: A copy of the Plant Species List - Appendix
A is available in the City Clerk's office.
F.
Deciduous and street trees shall have a caliper of at least two inches
and be eight feet to 10 feet in height at planting, and evergreen
trees shall be at least six feet tall unless otherwise specified.
All trees shall be balled and burlapped and be of specimen quality
as established by the American Association of Nurserymen. Plantings
should be consistent with the "Tree Plan for Ventnor City dated August
2014."
G.
A "governor's strip" shall be optional. If a governor strip is installed
it shall be of pervious material and maintained between the sidewalk
line and the curbline. All development shall provide this grass strip
if previously removed. If front street trees are placed in the curb
strip, the cut-out for the trees shall be a minimum of three feet
wide by the width of the strip. The minimum width of the "governor's
strip" shall be three feet or match that width of any existing abutting
grass strips, if wider.
H.
Any landscaping which, within two years of planting, dies for any
reason shall be replaced by the developer(s) or by the current owner
at their sole expense.
I.
Impervious materials shall not be used in any landscape area. Weed-retardant
mulch, porous nonwoven synthetic landscape fabric or other materials
may be used.
J.
Vegetative ground cover is encouraged. Stone mulch may be used in
landscaping beds if less than 10% of the required front landscaping
area and not more than 10% of the total lot landscaping.
K.
Any new plantings of bamboo are prohibited. For existing bamboo plantings,
the homeowner is responsible for growth that may intrude into the
neighbor's property or harm or destroy the neighbor's structures or
site improvements. Code Enforcement may require complete or partial
removal of all bamboo stands if the intrusion recurs or harm/destruction
occurs.
L.
The following principles shall be considered:
(1)
Landscaping shall be located to provide for climate control.
(2)
Landscaping shall be used to accent and complement buildings.
(3)
Landscaping shall be provided in public areas, parking areas,
recreation sites and adjacent to buildings.
(4)
Vines and climbing plants may be considered for large expanses
of wall.
(5)
Massing trees may be considered at critical points.
(6)
Smaller trees shall be used on narrow streets.
(7)
Ground cover shall be used to prevent erosion.
(8)
A variety and mixture of landscaping shall be provided. Consideration
shall be given to susceptibility to disease, colors, season, textures,
shapes, blossom and foliage in selecting species.
(9)
Local soil conditions and water availability shall be considered
in the choice of landscaping.
(10)
Existing trees located within 10 feet of any street right-of-way
shall be maintained unless shown to be removed as part of an approved
plan. The existing grade within that space shall not be disturbed
without such approval.
(11)
The impact of any proposed landscaping plan at various time
intervals shall be considered. Shrubs may grow and eventually block
sight distances. Foundation plants may block out buildings.
(12)
Existing large trees (more than six-inch caliper) shall be saved
by not varying the grade around the trees by more than six to 12 inches,
by construction of tree wells and by erecting protective fences.
M.
For all new construction, substantial improvement, raising of dwellings
to meet minimum flood height requirements or applications for variance,
the following minimum standards shall apply for residential development:
(1)
Trees. The planting of trees is optional. Two trees may be planted
per frontage. For multifamily dwellings, one tree per unit may be
planted. For duplex and two-family units, two trees may be planted
per frontage. A suggested list of tree species is detailed in the
Plant Species List - Appendix A.[2] Trees shall be located only in the front of the house
and shall be no closer than 25 feet to the street corners and comply
with AASHTO sight requirements.
[2]
Editor's Note: A copy of the Plant Species List—Appendix
A is available in the City Clerk's office.
(2)
Yards. All residential lots shall have a minimum of 25% of the
lot area landscaped, of which, 5% of the lot area must be provided
in the front yard. All areas not occupied by buildings, parking areas,
patios, walkways and/or any other impervious surface shall be suitably
landscaped. No landscaping shall interfere with required AASHTO sight
requirements. Such landscaping minimum of 25% may be reduced to the
minimum extent required to accommodate stairs, steps, ADA-compliant
ramps and related elements providing access to the first floor necessary
to conform to the lowest floor requirements. In no case, however,
shall such percentage be lower than 20% of the lot. Grass or other
natural ground cover may be used. Use of natural ground cover material
other than sod shall be permitted. Minimum spacing at time of planting
shall be six inches on center.
(3)
Shrubs:
(a)
The number of shrubs required for each property shall be governed
by lot width which shall require one shrub for every two feet of lot
width. Fifty percent of the total number of shrubs shall be planted
in the front of the property with the balance on the sides and in
the back.
(b)
A property owner may reduce the number of shrubs set forth in
Subsection (M)(3)(a) above by planting a tree. For each tree planted,
the amount of shrubs may be reduced by two shrubs from the total number
of lot width.
(c)
A property owner may reduce the number of shrubs set forth in
Subsection (M)(3)(a) above by planting a governor's strip. If the
party plants a governor's strip, three shrubs may be reduced from
the total number required for the lot width.
(d)
The plantings between the principal structure and the front
property line detailed herein may be reduced to the minimum extent
required to accommodate stairs, steps, ADA-compliant ramps and related
elements providing access to the first floor necessary to conform
to the lowest floor requirements.
(4)
Buffers. In townhouses, garden apartments and high-rise developments,
there shall be a perimeter buffer of eight feet and a similar buffer
between parking areas and all streets. Such buffers shall consist
of natural landscaping materials, i.e., cedar or similar wood, and
shall include both ground cover and alternating rows of evergreen
of at least four feet in height and spaced not greater than eight
feet apart in each row, when planted, except within 10 feet of street
corners where evergreens of not more than three feet in height shall
be planted.
(5)
Parking areas. Common parking areas provided for residential
areas shall be landscaped. Buffer areas of four feet minimum width
shall be provided along the perimeter of said parking areas and shall
consist of an effective combination of ground sculpturing and berms,
trees, ground cover and shrubbery. At least 10% to 15% of common parking
areas shall be landscaped, and a minimum of one tree with a minimum
caliper of three inches for each five parking spaces shall be provided.
The landscaping shall be located along walkways, in center islands
and in all irregularly shaped areas not used for parking and shall
be bordered by brick, Belgian block or other natural materials and
shall be carefully located so as not to obstruct vision.
N.
The following minimum standards shall apply for mixed-use commercial/residential
development:
(1)
Trees. A minimum of two trees per each dwelling unit and commercial
or office establishment shall be planted. An effective tree planting
program shall be provided in all plazas and public areas contained
within the center. Tree grates shall be provided for all trees located
in paved or textured areas.
(2)
Parking areas. Common parking areas provided for the center
shall be landscaped. Buffer areas of four feet minimum width shall
be provided along the perimeter of said parking areas and shall consist
of an effective combination of ground sculpturing and berms, trees,
ground cover and shrubbery. Breaks for pedestrian access may be located
in said buffer, provided that the accessway is surfaced with brick,
Belgian block or other paving block materials and shall not exceed
six feet in width. At least 10% to 15% of common parking areas shall
be landscaped, and a minimum of one tree for each five parking spaces
shall be provided. The landscaping shall be located along walkways,
in center islands and in all irregularly shaped areas not used for
parking and shall be bordered by brick, Belgian block or other natural
materials and shall be carefully located so as not to obstruct vision.
(3)
Shrubs. Each lot's open space not covered with permissible impervious
lot coverage or building coverage shall be completely landscaped with
evergreen and deciduous shrubs indigenous to the area. Every effort
should be made to create a natural landscaping environment with the
impression of completeness at the time of planting. All deciduous
shrubs shall be a minimum of three feet to 3 1/2 feet in height
at time of planting. Large evergreen shrubs for hedge planting shall
be 2 1/2 feet to three feet in height at time of planting, and
small evergreen shrubs shall be 18 inches to 24 inches in height at
the time of planting.
(a)
The number of shrubs for each property shall be governed by
the lot width which shall require one shrub for each two feet of lot
width.
(b)
A property owner may reduce the number of shrubs set forth in
Subsection (N)(3)(a) above by planting a tree. For each tree planted,
the amount of shrubs may be reduced by two shrubs from the total number
of lot width.
(c)
A property owner may reduce the number of shrubs set forth in
Subsection (N)(3)(a) above by planting a governor's strip. If the
party plants a governor's strip, three shrubs may be reduced from
the total number required for the lot width.
(d)
The plantings between the principal structure and the front
property line detailed herein may be reduced to the minimum extent
required to accommodate stairs, steps, ADA-compliant ramps and related
elements providing access to the first floor necessary to conform
to the lowest floor requirements.
O.
The following minimum standards shall apply for senior citizen housing:
(1)
Trees. A minimum of one tree for each two dwelling units shall
be planted.
(2)
Buffers. For senior citizen housing, buffers shall be provided
along parking areas at a minimum of four feet wide, consisting of
evergreen trees and deciduous plants and shrubs. Perimeter buffers
shall be eight feet wide and shall consist of evergreen trees of four
feet minimum height at time of planting placed six feet apart with
smaller plant material in between.
(3)
Parking areas. For senior citizen housing, landscaping shall
be located along walkways, in center islands and in all irregular
spaces not used for parking. All landscaping shall be bordered by
natural materials and maintained regularly.
P.
The following minimum standards shall apply to commercial district
development:
(1)
Two trees for each 1,000 square feet of floor area in accordance
with the planting schedule.
(2)
Where a commercial district use abuts a residential area, a
three-foot buffer of evergreen trees, a minimum of four feet in height
at planting, five feet apart, shall be provided.
(3)
In a Design Commercial District, all perimeter setbacks shall
have a buffer strip eight feet wide, consisting of trees of a minimum
height of eight feet at planting, placed in double alternating rows,
eight feet on center in each row, with smaller evergreens or deciduous
plant material in between. The only exception to this requirement
shall be ingress and egress lanes and five feet to each side of such
lanes.
(4)
In an open parking lot for more than 100 cars, an internal planted
buffer of four feet shall be provided every 70 feet. This buffer shall
be planted with trees, evergreens and deciduous plant material.
Q.
Street trees may be required to substitute for on-site planting where
it is determined by the Planning Board, Zoning or Construction Official
to be more desirable or necessary as a result of inadequate on-site
area for installation, in which case trees shall be set back 36 inches
from the curbline and shall be spaced 12 feet apart. The area immediately
surrounding the tree base shall be covered with paving bricks or other
natural porous material. The Planning Board may change this requirement
to a different planting requirement during site plan review if adequate
pedestrian clearance results.
R.
Unless otherwise regulated by this section, all conditional uses
shall be required to provide side and rear yard buffer strips that
consist of evergreen trees of a minimum height of four feet at planting,
placed in double alternating rows, eight feet on center in each row,
with smaller evergreens or deciduous plant material in between.
S.
For any property owner who is raising their home to meet the necessary
flood elevation requirements, they shall be given 24 months in which
to complete their landscaping plan that was approved pursuant to their
permits or Planning Board decision and resolution. Upon the conclusion
of the 24 months, property owners shall be required to complete their
plan; failure to do so will result in a written warning providing
30 days' notice to correct the violation. Upon failure to abide the
thirty-day notice, the City of Ventnor shall have the right to file
an ordinance violation against the property owner. Any violation of
this provision of this section shall be subject to prosecution in
the Ventnor City Municipal Court and shall be subject to a fine for
the first violation in the amount of $100 and thereafter for each
additional violation up to $1,000.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended 1-27-1994 by Ord. No. 9329; 3-9-2000 by Ord. No. 2001; 5-1-2003 by Ord. No. 2003-2; 7-6-2006 by Ord. No. 2006-9; 9-18-2014 by Ord. No. 2014-24; 5-18-2017 by Ord. No. 2017-16; 9-9-2021 by Ord. No. 2021-19]
Fences and walls shall be permitted subject to compliance with
regulations provided in this section.
A.
Fences and walls shall be designed and placed so as to avoid any
adverse impacts upon adjoining properties, including, but not limited
to, shading, blockage of ventilation or blockage of views and vistas
of open space areas.
B.
The maximum height of any fence shall not exceed four feet within
the minimum front yard setback established by the zoning district
and shall be constructed with a minimum 50% open area between posts.
Fencing within the front yard setback not having a 50% open area between
posts shall conform to the front yard height restrictions for walls.
The height of fencing within the side and rear setback areas shall
be not greater than six feet with no minimum open area requirement.
Walls shall not exceed a height of three feet in the front yard setback
area and five feet in side or rear setback areas. Fence posts and
wall pilasters shall be limited to a width of 12 inches along the
fence line with a spacing between edges of posts or pilasters of not
less than six feet. Fence post and pilaster caps shall be permitted
to extend not more than six inches above the respective fence/wall
height requirement and shall not be greater than 12 inches in width.
The height of any fence or wall shall be measured from the sidewalk
or top of curb grade for front yards and adjoining property existing
ground elevation for side and rear yards.
C.
An exception to six-foot-high fencing within the front yard setback
is hereby established for corner lots in the R2 Zoning District only.
Only lots in that district which have frontage on two streets (corner
lots) may erect six-foot-high fencing meeting the open-air and post
requirement of this section along the full length of the property
line along the rear yard, as determined by the Construction Code Official,
and along only one of the front property lines at a setback of 1/2
the front yard setback requirement for that district for a distance
not more than 25 feet from the rear property line. Six-foot-high fencing
not meeting the 50% open-air requirement shall install at the time
of fence installation a minimum four-foot-wide planting bed adjacent
to the fence and along the entire front yard fence facing the street.
Shrubbery shall be installed in said planting bed that is not deciduous
and does not exceed the height of the fencing nor extend beyond the
limits of the planting bed. Shrubbery shall be placed at a minimum
of four feet on center and have an initial height of four feet. The
property owner shall be required to perpetually maintain the shrubbery
such that it does not exceed the height of the six-foot fence or extend
beyond the limits of the planting bed.
D.
All fencing and walls, including the foundations, shall be constructed
within the established property lines. No fencing shall be permitted
within 10 feet from the face of the existing curb at street intersections.
E.
Fencing shall be designed and placed to avoid obstruction and growth
of required landscaping.
F.
New developments shall provide landscaping or walls of material construction
which is compatible with the overall project design.
G.
Fences and walls shall not be permitted when the resulting clear
width between the fence or wall and the principal structure is less
than three feet. Said clear width area shall only apply to the areas
from existing, or finished, grade level to a clear height of not less
than seven feet.
H.
All permitted fences shall be situated on a lot in such a manner
that the finished side shall face adjacent properties. No such fence
shall be erected of barbed wire, topped with metal spikes or constructed
of any materials or in any manner which may be dangerous to persons
or animals.
I.
An in-ground private residential swimming pool area must be surrounded
by a fence at least four feet, but not more than six feet, in height.
Fences six feet in height are permitted in side and rear yard areas
only. Fences or any portions thereof in excess of six feet are specifically
prohibited.
J.
A tennis court area, located in side or rear yard areas only, may
be surrounded by a fence a maximum of 10 feet in height. The fence
shall be set back from any lot line the distance required for accessory
buildings in the district in which the fence is to be located.
A.
Number of spaces.
(1)
An adequate number of off-street parking spaces
shall be required in all developments to accommodate residents and
visitors.
(2)
For residential developments, off-street parking
shall be provided as set forth in Table 1.
|
Table 1
Off-Street Parking Requirements for Residential Land Uses
[Amended 11-12-1998 by Ord. No. 9824; 4-26-2018 by Ord. No. 2018-14; 10-28-2021 by Ord. No. 2021-21] | |
|---|---|
|
Housing Unit Type/Size
|
Off-Street Parking Requirements
|
|
Single-family detached and duplexes (per unit)
| |
|
2-bedroom
|
1.5
|
|
3-bedroom
|
2.0
|
|
4-bedroom
|
2.5c
|
|
5-bedroom
|
3.0
|
|
Two-family (duplex) "single-family detached" values
shall apply to each unit.
| |
|
Garden apartment
| |
|
1-bedroom
|
1.8
|
|
2-bedroom
|
2.0
|
|
3-bedroom
|
2.1
|
|
Townhouses
| |
|
1-bedroom
|
1.8
|
|
2-bedroom
|
2.3c
|
|
3-bedroom
|
2.4
|
|
High-rise
| |
|
Studio
|
0.8
|
|
1-bedroom
|
1.3c
|
|
2-bedroom
|
1.9
|
|
Retirement community
|
Values shall be commensurate with the most appropriate housing
unit type and size noted above that the retirement community resembles
|
|
Recreational homes (owner-occupied)
|
Values shall be commensurate with the most appropriate housing
unit type and size noted above that the recreational homes (owner-occupied)
resemble
|
|
Mid-rise apartment assisted living
|
"Garden apartment" values shall apply 0.50
|
|
NOTES:
| |
|---|---|
|
a.
|
When determination of the number of parking spaces required
by this exhibit results in a requirement of a fractional space, any
fraction of 1/2 or less may be disregarded, while a fraction in excess
of 1/2 shall be counted as one parking space.
|
|
b.
|
Requirements for attached units (apartment/condominium/townhouse)
include provisions for guest parking (0.5 space per dwelling unit).
Guest parking must be either be provided for on street or in common
parking areas.
|
|
c.
|
If applicant does not specify the number of bedrooms per unit,
this parking requirement shall apply.
|
|
d.
|
For high-rise buildings, parking stalls with electric vehicle
supply equipment shall be provided at a rate of one EVSE per 20 stalls.
The provision of EVSE for single-family detached units, duplexes,
garden apartments, and townhouses shall be at the discretion of property
owners. Each EVSE-capable stall counts as 1.5 parking spaces towards
the requirement.
|
(3)
For nonresidential developments, the parking
standards shown in Table 2 shall be the minimum requirement.
|
TABLE 2
| ||
|---|---|---|
|
Off-Street Parking Requirements for Nonresidential
Land Uses
| ||
|
Nonresidential Land Uses
|
Required Off-Street Parking Spaces per
Indicated Area
| |
|
Assembly operations
|
1 per 800 square feet GFA
| |
|
Auto sales and service
|
1 per employee, plus 10 for customers
| |
|
Banks
|
1 per 250 square feet GFA
| |
|
Bar
|
1 per 2 seats
| |
|
Boat docks
|
1 per slip, plus 10 spaces for both car and
trailer if launching is provided
| |
|
Bowling alley
|
4 per alley
| |
|
Car wash
|
10 per washing lane
| |
|
Church/synagogue
|
1 per 3 seats or 1 for each 72 inches of seating
| |
|
Convenience store
|
1 per 250 square feet GFA, minimum 12
| |
|
Fiduciary institutions
|
1 per 300 square feet GFA
| |
|
Finishing operations
|
1 per 800 square feet GFA
| |
|
Funeral homes
|
15 spaces
| |
|
General business and service uses
|
1 per 200 square feet GFA
| |
|
Hotel
|
0.7 per guest room, plus 10 per 1,000 square
feet GFA
| |
|
Hospitals
|
1 per 1.5 beds
| |
|
Industrial
|
1 per 800 square feet GFA
| |
|
Library
|
1 per 300 square feet GFA
| |
|
Manufacturing
|
1 per 800 square feet GFA
| |
|
Medical center
|
1 per 250 square feet GFA
| |
|
Motels
|
1.5 per unit, plus 1 per employee
| |
|
Neighborhood convenience center
| ||
|
Under 400,000 square feet GLA
|
4 per 1,000 square feet GLA
| |
|
Night club
|
1 per 3 seats
| |
|
Offices
| ||
|
Under 49,999 square feet GFA
|
4.5 per 1,000 square feet GFA
| |
|
50,000 to 99,999 square feet GFA
|
4 per 1,000 square feet GFA
| |
|
100,000 plus square feet GFA
|
3.5 per 1,000 square feet GFA
| |
|
Professional offices
|
1 per 200 square feet GFA
| |
|
Public utilities
|
1 per employee
| |
|
Receiving
|
1 per 5,000 square feet GFA
| |
|
Research
|
1 per 1,000 square feet GFA
| |
|
Restaurant
|
1 per 3 seats
| |
|
Quick-food establishments
|
1 per 30 square feet GFA
| |
|
Retail store
|
1 per 200 square feet GFA
| |
|
Schools
| ||
|
Elementary
|
2 per classroom, but not less than 1 per teacher
and staff
| |
|
Intermediate
|
1.5 per classroom, but not less than 1 per teacher
and staff
| |
|
Secondary
|
2.5 per classroom, but not less than 1 per teacher
and staff
| |
|
Service station
|
2 per bay and 1 for every station vehicle
| |
|
Shipping
|
1 per 5,000 square feet GFA
| |
|
Shopping center
| ||
|
Under 400,000 square feet GLA
|
4 per 1,000 square feet GLA
| |
|
400,000 to 599,999 square feet GLA
|
4.5 per 1,000 square feet GLA
| |
|
600,000 plus square feet GLA
|
5 per 1,000 square feet GLA
| |
|
Storage areas
|
1 per 5,000 square feet GLA
| |
|
Theater
|
1 per 3 seats
| |
|
In shopping center
|
1 per 4 seats
| |
|
Warehouse
|
1 per 5,000 square feet GFA
| |
(4)
Alternative off-street parking standards to those shown in Subsections A(2) and (3) shall be accepted if the applicant demonstrates that these standards better reflect anticipated conditions. This may include factors affecting minimum number of parking spaces, including household characteristics, availability of mass transit, urban versus suburban location, and available parking resources such as on-street parking.
(5)
A one-car garage and driveway combination shall
count as 1.75 off-street parking spaces, provided that the driveway
measures a minimum of 25 feet in length between the face of the garage
door and the sidewalk or 30 feet to the curbline. A two-car garage
and driveway combination shall count as 3.5 off-street parking spaces,
provided that the minimum width of the driveway is 20 feet and its
minimum length is as specified above for a one-car garage.
(6)
For mixed-use developments, a shared parking
approach to the provision of off-street parking shall be permitted
following the methodology described in the publication Shared Parking,
Urban Land Institute and Barton Aschman Associates, Inc., Urban Land
Institute, 1984.
(7)
Where the total number of off-street parking
spaces required may not be immediately required for a particular use,
a staged development plan may be permitted which requires that only
a portion of the parking area, but not less than 65% of the required
spaces, be completed initially, subject to the following regulations:
(a)
The site plan shall clearly indicate both that
portion of the parking area to be initially paved and the total parking
needed to provide the number of spaces required.
(b)
The site plan shall provide for adequate drainage
of both the partial and total parking areas.
(c)
The portion of the parking area not to be paved
initially shall be landscaped.
(d)
The applicant shall post separate performance
guaranties, in addition to the performance guaranties, which shall
reflect the cost of installing the additional parking facilities necessary
to provide the total number of parking spaces required.
(e)
In lieu of a permanent certificate of occupancy,
a temporary certificate of occupancy shall be issued for a period
of two years. Prior to the expiration of the two-year period, the
applicant may either install the additional parking shown on the site
plan and apply for issuance of a permanent certificate of occupancy
or apply to the Planning Board after the use has been in operation
a minimum of 18 months for a determination as to whether or not the
initial parking area provided is adequate. If the Planning Board determines
that the parking facility is adequate as originally constructed, the
performance guaranty shall be released and a permanent certificate
of occupancy issued. If, however, the Planning Board determines that
the partial off-street parking area is not adequate, the applicant
shall be required to install the additional parking facilities in
accordance with the terms of the performance guaranties prior to the
issuance of a permanent certificate of occupancy.
(f)
Any change of use on a site for which the Planning
Board may have approved a partial paving of off-street parking areas
to a use which requires more parking spaces than are provided on the
site shall require submission of a new site plan.
(8)
Where an applicant proposes fewer parking spaces
for a use other than is required by this section, the Planning Board
will require posting of a contribution for development of parking
facilities. The fee per required space or fraction thereof shall be
established by the City Engineer, considering actual cost estimates
to develop a reasonable parking plan within 1,000 feet of the development
site. The cost will include estimated acquisition of land, demolition
of buildings, improvement with parking, lighting and landscaping and
other site features. A reasonable annual maintenance fee may be assessed.
The plan shall be in place before approval is granted and contributions
are required prior to issuing construction permits. If contributions
for parking are not used for the purpose intended within two years
of the date of approval, the funds shall be returned to the applicant
with any interest accrued.
(9)
Off-street parking stalls with electric vehicle supply equipment
shall be provided at a rate of one EVSE per 20 stalls. The provision
of EVSE for single-family detached units, duplexes, garden apartments,
and townhouses shall be at the discretion of property owners. Each
EVSE-capable stall counts as 1.5 parking spaces towards the requirement.
For nonresidential uses (excluding commercial/residential mixed use),
off-street parking spaces with EVSE shall be provided at a minimum
rate of one EVSE per 20 stalls. If fewer than 20 stalls are required,
the provision of off-street EVSE is encouraged and shall count as
1.5 parking spaces towards the parking requirement.
[Added 4-26-2018 by Ord.
No. 2018-14]
B.
Size of spaces. Each off-street parking space shall
comply with the dimensions established in the definition of parking
space.
C.
Parking areas.
(1)
Off-street parking areas shall be oriented to
and within a reasonable walking distance of the buildings they are
designed to serve (a maximum of 1,000 feet for employee parking; 500
to 800 feet for shoppers; 250 feet for nonelderly residents; 150 feet
for elderly residents; and 300 feet for guests).
(2)
Access to parking lots shall be designed so
as not to obstruct the free flow of traffic. There shall be adequate
provision for ingress to and egress from all parking spaces to ensure
ease of mobility, ample clearance and safety of vehicles and pedestrians.
(3)
The width of all aisles providing direct access
to individual parking stalls shall be in accordance with the requirements
specified below. Only one-way traffic shall be permitted in aisles
serving single-row parking spaces placed at an angle other than 90°.
|
Parking Angle
(degrees)
|
Aisle Width
(feet)
|
|---|---|
|
30
|
12
|
|
45
|
13
|
|
60
|
18
|
|
90
|
24
|
(4)
Where sidewalks occur in parking areas, parked
vehicles shall not overhang or extend over the sidewalk unless an
additional two feet are provided in order to accommodate such overhang.
(5)
Parking areas shall be suitably landscaped to
minimize noise, glare and other nuisance characteristics as well as
to enhance the environment and ecology of the site and surrounding
area. Large parking lots shall be broken down into sections according
to type and size of development and separated from other sections
by landscaped dividing strips, berms and similar elements.
D.
Location of spaces on residential lots.
(1)
 Example 1 diagram.tif.SM.png)
For dwelling units with garages which face the
front property line, off-street parking may be allowed within the
front setback, provided that the space is sufficient to park a vehicle
perpendicular to the street without overhanging the front lot line.
(See Example No. 1 below.) The front setback driveway width shall
be limited to the width of the garage door opening, plus two feet.
 Example 1 diagram.tif.png)
(2)
 Examples 2 thru 5 diagram.tif.SM.png)
For dwelling units without garages, off-street
parking shall be located within the side yard setback and side yard
setback projected to the front lot line. (See Example No. 2 below.)
However, if the side yard setback is less than 10 feet, parking may
be allowed in the area defined by the side yard lot line and a line
10 feet inside and parallel to the side lot line. (See Examples Nos.
3 and 4 below.)
 Examples 2 thru 5 diagram.tif.png)
(3)
For corner lots, the rear lot line shall be considered as the side lot line, and both yards facing the street shall be considered as front yards. Thus, no off-street parking shall be allowed in the area bounded by the street lot lines and the building lines projected forward to the street lines for dwellings without garages (see Example No. 5); for dwellings with garages, Subsection D(1) shall apply.
(4)
In order to create creative building styles and promote off-street
parking, two driveway accesses per residential dwelling lot may be
permitted, providing all of the following requirements can be met:
[Added 8-20-2015 by Ord.
No. 2015-20]
(a)
Lot must have at least 32 feet of frontage along the road right-of-way.
(b)
Two driveway accesses (curb cuts), not exceeding nine feet each
in depressed width, may be permitted.
(c)
The driveways must be positioned so that the distance from the
edge of the driveway to the nearest side property line meets the side
yard setback requirements of the zoning district in which the subject
lot is located.
(d)
No driveway depression shall be permitted within 25 feet of
the established curbline of an intersecting street. For corner properties,
the two driveway accesses must be along the same street.
(e)
The required number of off-street parking spaces shall be provided in accordance with § 102-118.6A.
E.
Limiting parking of certain vehicles on public and
private property.
[Added 4-28-1994 by Ord. No. 9409]
(1)
Notwithstanding anything contained in this chapter
to the contrary, no more than one vehicle, as hereinafter defined,
may be parked on private or public property in the City of Ventnor
City by any owner or lessor thereof.
(2)
As used in this section, "vehicle" is defined
as any motor vehicle which exceeds any of the following dimensions:
(a)
Length: 19 feet from the outside of the front
bumper to the outside of the rear bumper.
(b)
Width: seven feet six inches from one side wall
to the other side wall measured at the widest point of said vehicle.
(c)
Height: eight feet six inches from the street
to the uppermost point of said vehicle when tires are fully inflated.
(d)
Weight: not exceeding 10,000 pounds.
(e)
"Vehicle," as defined herein, shall include
any vehicle meeting the above description and shall specifically include,
but not be limited to, trucks, jitneys, trailers, tractor trailers
and autobuses.
(3)
All vehicles, as defined herein, shall be prohibited
from parking in the City of Ventnor City on private property, public
rights-of-way, streets, alleys, culs-de-sac or otherwise at any time,
except as follows:
(a)
Any vehicle may be serviced at a legal service
station in the City of Ventnor City, so long as said vehicle does
not obstruct access by other vehicles into or within the site and
is not parked in any sight triangle which would obscure the view of
any motorist at any intersection or other portion of any street within
the City of Ventnor City. Vehicles as described herein may be so parked
at legal service stations only for the purpose of having the same
serviced by the staff located at said legal service station.
(b)
Any vehicle shall be permitted to park within
a legal four-sided, totally enclosed garage structure.
(c)
Vehicles providing the delivery of goods or
services may be parked in legal parking spaces for said purpose of
providing the service or delivery of goods and shall be so parked
only as long as it is necessary to complete such delivery. This exception
shall include the parking of vehicles at business establishments during
the normal hours of operation, if the same are legally parked and
meet all other time restrictions imposed by the Code of the City of
Ventnor City.
(d)
Vehicles associated with a particular legal
business establishment in any commercial district in the City of Ventnor
City may park in legal off-street parking spaces of that particular
business establishment after normal hours of operation in said commercial
district.
(e)
Any vehicles of a public bus company are exempt
from the restrictions contained in this subsection of the Code of
the City of Ventnor City if the same are parked within a legal turnaround
area or other legally permissible waiting zone and are temporarily
stopped before continuing their designated route.
(f)
Vehicles of the City of Ventnor City are exempt
from the regulations contained in this subsection, including police
vehicles, fire vehicles, public works vehicles and any and all other
vehicles used by the City of Ventnor, County of Atlantic or other
public bodies which are being used to fulfill a legitimate governmental
or public function.
(g)
Vehicles of certain utility companies are exempt
from the restrictions contained in this subsection of the Code of
the City of Ventnor City, including vehicles used by Atlantic Electric,
South Jersey Gas Company, New Jersey Bell and other such utilities,
as long as the same are being used in the City of Ventnor City to
fulfill legitimate governmental or public functions.
(h)
Vehicles used at construction sites are exempt
from the provisions of this subsection as long as the same are parked
at said construction site and may be parked at said construction site
only during the time period of any day when work is actually being
performed at said construction site.
(i)
Any vehicle restricted by this subsection of
the Code of the City of Ventnor City is exempt from said restrictions
and may park on public or private property within 500 feet of the
home that is owned or leased by the operator of said vehicle for any
one-hour period during each day if said vehicle is parked while the
operator thereof is in said home for personal reasons, such as eating
lunch, picking up personal items, etc., but in no event shall any
such vehicle be allowed to be parked for said one-hour period for
the purpose of repairing said vehicle, changing oil or otherwise servicing
said vehicle.
(j)
Any vehicle legally parked in the City of Ventnor
City pursuant to this subsection must still receive an appropriate
resident parking sticker and must otherwise comply with all statutes,
law and ordinances of the State of New Jersey, County of Atlantic
and City of Ventnor City.
F.
No vehicle parked on streets for public sale. No automobile,
truck or any other vehicle of any type may be parked in any street,
alley, cul-de-sac or other public place within the City of Ventnor
City when said vehicle is being advertised by a for-sale sign in,
on or in any way attached to said vehicle advertising the same for
sale.
[Added 4-28-1994 by Ord. No. 9409]
G.
Electric vehicle charging stations.
[Added 4-26-2018 by Ord.
No. 2018-14]
A.
The following signs shall be permitted anywhere within
the City limits.
(1)
Official traffic signs and any other sign required
by law.
(2)
Temporary real estate signs advertising the
sale, lease or rental of the property on which said signs are located,
provided that:
(3)
Temporary real estate signs pertaining to the
sale of homes and home sites within a development and to sponsors
and/or supporting agencies for publicly funded projects, provided
that:
(a)
The size of such sign shall not exceed 20 square
feet.
(b)
Such sign shall be located within the boundaries
of such development.
(c)
Not more than one such sign shall be placed
within any such development, unless the development fronts on more
than one street, in which case one such sign may be erected on each
street frontage.
(5)
Business and professional office identification
signs, provided that:
(a)
The size of such sign shall not exceed an area
of one square foot for each two feet in width of the front of the
building or portion thereof devoted to such use or activity.
(b)
Such sign shall be erected only on such premises
on which the use to which the sign relates is conducted.
(c)
Said sign shall be mounted on the surface of
the structure to which it is appurtenant.
(7)
Retail commercial business signs not exceeding
20 square feet in area on one side and 30 square feet in area on two
sides for corner establishments, relating only to the use conducted
on the premises, provided that:
(a)
Such sign shall not exceed two feet in height.
(b)
Such sign shall not be located or project above
the roofline or more than 10 inches beyond the front wall of any structure.
(c)
Such sign is mounted flat to the building at
a height at least 10 feet above sidewalk grade and not more than 15
feet above sidewalk grade.
(d)
Temporary banner signs may be permitted, provided that a banner permit is obtained, the cost of which is in the amount set forth in Chapter 114, Fee Schedule. The banner permit will be issued for a period of 30 days. A limit of two banner permits per year will be issued for each commercially owned property. The banner must be mounted flat to the building facade, and the banner size cannot exceed 25% of the building facade.
[Added 11-21-1991 by Ord. No. 9126;
amended at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(9)
Marina commercial signs, provided that the sign
does not exceed 20 square feet in area and there is one sign identifying
the business establishment.
(10)
Political signs.
(a)
One sign per property, two if the property is
situated on a corner.
(b)
The size of the sign shall not exceed four square
feet in area (two-by-two feet).
(c)
Signs shall be located no closer than five feet
to a property line.
(d)
Such signs may be erected no earlier than 30
days prior to an election and removed no later than one week after
the election.
(11)
For design centers, one freestanding sign for
any single property, regardless of the number of establishments therein.
This sign shall identify only businesses, services or occupants of
the center. Such sign shall:
(a)
Not exceed the permitted height of 25 feet.
(b)
Not be greater in total area than 100 square
feet.
(c)
Be set back from the street right-of-way a minimum
of 25 feet.
(d)
Be landscaped at its base and maintained.
(e)
Be constructed of natural materials and have
an external light source and have no moving or flashing parts.
(f)
Be kept in good repair.
(12)
Internal signs for separate establishments shall
identify only the business, service or occupants of the establishment,
and such signs shall:
(13)
Signs within windows of individual shops shall
not, in the aggregate, exceed 20% of the total window area.
(14)
(15)
Home occupation signs.
[Added 11-12-1998 by Ord. No. 9824]
(a)
One principal building or porch mounted sign
at the first floor level which shall face the street and not exceed
16 inches in height and 24 inches in width. Signs shall be made of
wood or metal with raised or embedded lettering. Sign color shall
be limited to cranberry red, blue or white, or a combination of same.
In addition, lettering may be black or gold.
(b)
In addition to the building-mounted sign, one
sign hung from an existing or proposed light pole not exceeding 10
inches in height and 16 inches in width, two-sided, of cast metal
or wood, white lettering on a black background.
(c)
Each sign may be lighted by a covered overhead
fluorescent light not exceeding 40 watts.
(16)
Churches/houses of worship.
[Added 11-9-2000 by Ord. No. 2011]
(a)
One bulletin board/identification sign, either
building-mounted or freestanding, not greater than four feet wide
and five feet high, internally lit. If freestanding, the sign cannot
be placed higher than 18 inches above existing grade and not closer
than four feet to any property line.
(b)
One freestanding changeable message center sign,
internally lit, not greater than six feet in width and four feet in
height with four-inch maximum high lettering. The sign shall not be
located closer than two feet to any property line. The bottom of the
sign shall not be placed higher than 18 inches above existing grade.
(c)
One digital display sign may be provided in lieu of the permitted freestanding signage indicated in Subsection A(16)(a) or (b). Digital display signs must meet the following standards:
[Added 8-21-2014 by Ord. No. 2014-22]
[1]
Minimum setback: 10 feet from all lot lines.
[2]
Maximum height: 10 feet to the top of the sign
face, excluding architectural elements. Total height shall not exceed
15 feet.
[3]
Maximum gross surface area of signs permitted:
24 square feet (total one side). No freestanding sign shall have more
than two faces.
[4]
Permitted freestanding signs which utilize digital
display technology may dedicate up to 100% of the permitted sign area
to the digital display portion of the sign.
[6]
Maximum luminance. No digital display sign may
exceed 0.1 footcandle (1.07 lumens per square meter) at the property
line where the sign is located.
[7]
The digital display portion of a sign shall change
messages at intervals of no less than three minutes.
[8]
The digital display portion of any sign may only
advertise businesses, organizations, or facilities located on the
site, products or services offered by those businesses/organizations/facilities,
public service announcements approved by the City of Ventnor, or urgent
public safety messages approved by the City of Ventnor Police Department.
[9]
Illumination related to any sign may not create
a luminance greater than 0.1 footcandle at any property line.
(17)
Temporary signs of contractors, builders and artisans, provided that:
[Added 11-17-2011 by Ord. No. 2011-14]
(a)
Such signs shall be erected only on the property where such work
is being performed.
(b)
The size of such signs shall not exceed four square feet.
(c)
Such signs shall not be placed before the work commences and shall
be removed within one week of completion of work.
(d)
At no time shall there be more than one temporary sign permitted
on the property regardless of the number of trades performing work.
B.
A sign plan shall be submitted that demonstrates a
coordination of signs and graphics for site plan review. The plan
shall include details on letter style, lighting, color, construction
and materials and location. The sign plan shall be based on an integrated
design theme and shall be designed so as to be in harmony and consistent
with each other and the design of the proposed development.
C.
No sign shall project over any sidewalk nor extend
beyond any property line.
D.
Signs shall have no moving parts or flashing effect
and shall have an external light source designed so as to prevent
glare.
E.
Window signs may be used, provided that the area does
not exceed 15% of the total window area and the total sign area does
not exceed the standards for the individual use.
F.
Awning signs and awnings may be used, provided that
the lettering appears on the vertical front or side flaps and that
no part of the lettering is greater than 10 inches in height. Also,
the awning must not protrude greater than six feet from the building
and the main support frame must be at a height of six feet eight inches
above sidewalk grade.
[Amended 4-27-1995 by Ord. No. 9507; 8-2-2007 by Ord. No. 2007-10]
A.
For all users within the City, adequate lighting shall
be provided to ensure safe pedestrian and vehicular travel. The adequacy
of lighting to provide safety shall be considered by the City Engineer
and is subject to approval during site plan review.
B.
Lighting shall be designed according to the following
general standards:
(1)
Lights shall be directed and designed so as
to prevent glare beyond property lines.
(2)
The maximum height of freestanding light standards
shall be 25 feet, and their bases shall be landscaped and maintained.
(3)
Standards will be set back a minimum of 30 feet
from the street right-of-way where possible.
(4)
Parking areas: an average of 1.5 footcandles
throughout.
(5)
Maximum at property lines: 1.0 footcandle.
[Added 4-26-2018 by Ord.
No. 2018-15]
A.
Applicability.
(1)
The regulations contained herein shall apply to solar energy
systems intended for the provision of the electrical energy needs
of the owner/operator of the system and/or the property on which the
solar energy system is situated and not for the generation of electricity
for commercial purposes for resale, except that excess electricity
not utilized for the use on the lot whereon said system is located
may be introduced into the energy grid for credit under New Jersey's
Net Metering and Interconnection Standards pursuant to N.J.A.C. 14:4-9.[1]
[1]
Editor's Note: See now N.J.A.C. 14:8-4.1 et seq.
C.
Approvals.
(1)
All solar energy systems shall require a zoning permit from
the Zoning Officer and a building permit from the Construction Code
Official prior to installation. Applications for a solar energy system
shall include information demonstrating compliance with the provisions
of this section.
(2)
Approvals under Subsection C(1) shall apply to solar energy systems intended for use as detailed under § 102-118.9A.
(3)
Solar energy systems not intended for use as detailed under § 102-118.9A(1) shall require approval by the Planning Board or Planning Board, as the case may be. Solar energy systems not in conformance with any of the following regulations shall require variance approval by the Planning Board or Planning Board.
(4)
Submission requirements and procedures for zoning permit.
(b)
In addition to the requirements for a zoning permit pursuant to § 102-122, applications for the installation of a solar energy system shall be accompanied by the following documentation and plans, which shall contain sufficient information and appropriate detail for the Zoning Officer to make an informed decision on the application. The level of information required shall be determined by the Zoning Officer:
[1]
Property lines and physical dimensions of the property.
[2]
Locations, dimensions (including height) and types
of existing major structures on the property.
[3]
A sketch plan or survey which shall accurately
depict the locations, dimensions and type of solar energy system proposed.
[4]
All rights-of-way contiguous with the subject property.
[5]
Manufacturer specifications and/or "cut sheets"
of the proposed solar energy system, certified by a New Jersey licensed
professional engineer, including manufacturer and model.
[6]
Notification of utility company for interconnection
purposes.
(c)
Applications for zoning permits for solar energy systems shall be accompanied by the required fee pursuant to § 102-160.
(d)
The Zoning Officer shall review the application in accordance with § 102-147 and shall issue or deny an application for a zoning permit for a solar energy system within 10 days of the date on which the application is received.
(e)
Once a zoning permit for a solar energy system is received,
the applicant shall apply for a building permit under the rules, regulations
and procedures established under N.J.A.C. 5:23.
(f)
Expiration. A permit issued pursuant to this subsection shall
expire if:
D.
Design standards.
(2)
The structural, electrical and other pertinent elements of any
solar energy system shall be designed by a New Jersey licensed professional
engineer. Such design(s) shall be signed and sealed by said engineer,
certifying that the design complies with all of the standards set
forth for safety and stability in all applicable codes then in effect
in the State of New Jersey as well as all provisions of this section.
(3)
Solar panels shall not exceed a height of 12 inches from the
surface of the roof on which they are affixed.
(4)
In no event shall the rooftop placement of solar panels result in a total height, as defined in § 102-11, greater than 12 inches from the maximum building height for a principal building permitted in the zoning district in which they are located.
(5)
Solar panels installed in a rooftop configuration shall be installed
within the actual boundaries or edges of the roof area and cannot
overhang any portion of the edge of roof.
(6)
Installations must not interfere with any operation of any fixture
protruding from the rooftop level as required by the International
Building Code or other applicable codes.
(7)
With the exception of the manufacturer's or installer's identification,
appropriate warning signs and owner identification, no signage shall
be posted, attached, affixed or otherwise installed on any component
of a solar energy system. In no case shall any of the aforementioned
permitted exceptions be visible from any property line.
(8)
Ground-based interconnection cabinets and other mechanical equipment
associated with and necessary for the operation of a solar energy
system shall conform with all setback and coverage requirements for
accessory structures in the zoning district where they are located.
Such cabinets shall not exceed 120 square feet in area nor eight feet
in height and shall be equipped with a lock.
(9)
In addition to City approvals required under this chapter, the
property owner/installer of the solar energy system must receive approvals
from any outside agencies having jurisdiction over such systems prior
to the installation.
(10)
Utility notifications and interconnections.
(b)
Labeling requirements. The interconnection cabinet of the solar
energy system shall be posted with the following:
[1]
A minimum of one "High Voltage" placard shall be
posted at or near ground level.
[2]
A second placard shall be posted at or near ground
level informing:
[3]
Similar signage shall be placed on the outside
of the building, near the electrical meter, where an interconnection
cabinet is located on the inside of a structure.
(c)
Utility company notification.
[1]
The Atlantic City Electric Company, its successors
and assigns, and/or as designated by state authority, shall be notified,
in writing, of any proposed interface to that company's grid prior
to installation of a solar energy system and shall conform to any
legislated requirements governing installations of solar energy systems
so as to comply with the utility tariff specifications.
[2]
Evidence of such notification shall be submitted
to the City at time of application.
E.
Construction and installation standards.
(1)
Solar energy systems shall be constructed in accordance with
the appropriate sections of the International Building Code and any
future amendments and/or revisions thereto.
(2)
The installation of a solar energy system shall conform to the
National Electric Code and shall be subject to, in perpetuity, any
and all requirements for interconnection of the Atlantic City Electric
Company, its successors and assigns, and/or as designated by state
authority.
(3)
Wires and cables at ground level shall be properly installed
underground in accordance with the International Building Code.
(4)
Wires and cables on a structure shall be properly installed
so as to be hidden from view or otherwise treated in as aesthetically
a manner as possible.
F.
G.
No easement created.
(1)
The approval of a solar energy system shall not create any actual
or inferred solar energy system easement against adjacent property
and/or structure.
(2)
The owner/operator of a solar energy system shall not infer
or claim any rights to protective writs to any caused shadows or operating
ineffectiveness against future development adjacent to, higher than
or otherwise impacting the subject solar energy system.
(3)
The approval of any solar energy system granted under this subsection
shall not create any future liability or infer any vested rights to
the owner and/or operator of the solar energy system on the part of
the City or by any other officer or employee thereof or any future
claims against such approval that result from reliance on this subsection
or any administrative decision lawfully made thereunder.
