A.
Conditional uses to the use limitations imposed by
this chapter are permitted under the terms and specifications herein
set forth. Whereas, the necessity for certain specific uses is recognized
and at the same time appreciating the fact that they or any one of
them may be, or become, inimical to the public health, safety and
general welfare of the community, if located without due consideration
to the existing conditions and surroundings, the following standards
and procedures are hereby established.
Churches, lodges and similar quasi-public uses
and private and parochial schools are permitted as a conditional use
in the R-1 Single-Family Residential Zone subject to review and special
conditions set forth by the Planning Board as each situation may warrant.
Bed-and-breakfasts are permitted as a conditional
use in the R-B Residential Beachfront Zone subject to Planning Board
conditional use and site plan approval, and subject to the minimum
standards of that zone, and to the following requirements and conditions:
A.
Bed-and-breakfast inns shall provide breakfast for
registered guests in the forenoon of each day. No other meals may
be served, and nonguests may not be served breakfast.
B.
No cooking facility or smoking shall be permitted
in guestrooms.
C.
Individual guest occupancy shall be limited to 30
successive days or not more than 30 days in any period of 60 successive
days.
D.
Common areas to be provided for exclusive use of the
guests must be at least 300 square feet (parlors, dining rooms and
the like). Nonhabitable spaces shall not be included as common areas
for guests.
E.
Parking for one vehicle per guestroom must be provided
on-site.
F.
No more than 10 rooms nor less than two rooms for
guests (with sleeping accommodations for no more than 25 persons)
shall be permitted.
G.
Bed-and-breakfast inns shall be subject to state law
as defined, regarding the Uniform Construction Code Act, Uniform Fire
Safety Act, and shall be registered with the Bureau of Housing Inspection
in the Division of Housing and Development in the Department of Community
Affairs and shall comply with all local ordinances concerning housing
and with all of the requirements of the R-B Residential Beachfront
Zone.
H.
Any signage for the bed-and-breakfast must be included
with the application and approved by the Planning Board.
I.
The conditional use application shall include a detailed
proposal setting forth a floor plan, the number of rooms to be occupied,
the manner of payment, the season of operation, and any ancillary
activities to be conducted.
J.
Each bed-and-breakfast shall be inspected on an annual
basis by the Fire Official in order to ensure compliance with this
chapter and to ensure no changes have been made to the structure.
[Added 12-13-2005 by Ord. No. 2005-27; amended 2-22-2011 by Ord. No. 2011-1]
Home offices are permitted accessory uses in all residential
zones subject to the following requirements and conditions:
A.
The use is limited solely to office use.
B.
The use is operated by full-time residents of the dwelling unit and
no other persons.
C.
Nonresident employees, customers, or business invitees or guests
shall not visit the dwelling unit for business purposes.
D.
The use shall be located in only one room of the dwelling unit or
200 square feet, whichever is smaller, and shall not be served by
a separate entrance.
E.
Interior storage of materials within the 200 square feet shall be
limited to office equipment and office supplies.
F.
There shall be no change to the exterior of the buildings or structure
because of the use, and there shall be no outside appearance of a
business use, including but not limited to, parking, storage, signs
or lights.
G.
The use shall operate no equipment or process that creates noise,
vibration, glare, fumes, odors or electrical or electronic interference
with telephone, radio or television reception, detectable by neighboring
residents.
H.
(Reserved)
I.
The quantity and type of solid waste disposal is the same as the
other residential uses in the zone district.
J.
(Reserved)
K.
Delivery trucks shall be limited to U.S. Postal Service, Federal
Express, United Parcel Service and other similar delivery services
providing regular service from 8:00 a.m. to 7:00 p.m. to residential
uses in the zone district.
L.
All vehicular traffic to and from the home office shall be limited
in volume, type, and frequency to that normally associated with other
residential uses in the zone district.
M.
There shall be only one home office permitted per dwelling unit.
N.
There shall be a one-time, nonrefundable application and inspection
fee in the amount of $150 to apply for a home office use. The person
operating the home office shall register with the Borough on a form
provided by the Borough.
O.
There shall be an annual fee of $50 for subsequent yearly home inspections
based on the home office use ordinance.
P.
There shall be an annual mercantile licensing fee to be set by the
Borough.
Q.
There shall be an annual tourism fee to be set by the Borough.
R.
Failure to comply with the requirements of this ordinance will result
in a fine of between $150, minimum, and $1,250, maximum.
S.
Each day the violation remains unabated shall constitute a separate
violation.
Telecommunications towers and antennas are permitted as conditional uses in the GB General Business Zone west of Main Street, subject to conditional use and site plan approvals by the Planning Board and further subject to the minimum standards of the GB General Business Zone and the requirements and conditions of Article XI, Telecommunications Towers and Antennas.
[Added 6-11-2019 by Ord.
No. 2019-16]
Garden apartments and townhouses are permitted as conditional
uses within the R-B Zone subject to the following standards:
A.
Area, yard and building limitations:
(1)
Minimum lot area: 30,000 square feet.
(2)
Minimum lot width: 200 feet.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum front yard: 15 feet and 25 feet. The front yard depth
shall be a minimum of 15 feet on north-south streets and 25 feet on
east-west streets, or the minimum depth of any front yard within the
block and fronting on the same street on which the structure fronts,
whichever is the greater.
(5)
Minimum side yards: five feet and 10 feet.
(6)
Minimum rear yard: 25 feet.
(7)
Maximum building, height: 35 feet (2 1/2 stories).
(8)
Maximum building coverage: 20%.
(9)
Maximum impervious coverage: 60%.
(10)
Minimum off-street parking: two spaces per unit.
B.
Minimum gross floor area, per unit: 800 square feet.
C.
Maximum gross floor area per unit: 1,200 square feet.
D.
Maximum average gross floor area per unit: 1,000 square feet.
E.
Maximum percentage of units with more than one bedroom: 20%.
F.
Maximum number of units per structure: 12.
G.
Minimum total number of units: 12.
H.
Minimum distance between structures: 20 feet.
I.
Living space shall be limited to two stories, with no portion of
any living space below grade.
