Borough of Ship Bottom, NJ Chapter 16.60 General Exceptions and Modifications

§ 16.60.010 General exceptions and modifications.

[Ord. 93-5 § 602, 1993; amended by Ord. 2005-35 § 1, 2005; Ord. 2006-29 § 1, 2006; Ord. No. 2015-12, § 1, 6-23-2015]

A. Christmas tree sale. The annual sale of Christmas trees is permitted between Thanksgiving Day and December 25th inclusive.

B. (Reserved)

C. Parking of commercial vehicles in residential zones. One registered commercial vehicle of a rated capacity not exceeding two tons with two axles, owned or used by a resident of the premises, shall be permitted to be regularly parked or garaged on a lot in any residential district, provided that such vehicle is parked in a side or rear yard area, which area is relatively unexposed to neighboring properties and is screened from neighboring properties by plantings at least five feet in height. For purposes of this title, a commercial vehicle is a bus and/or vehicle containing advertising matter intending to promote the interest of any business, whether or not such vehicle is registered as a commercial vehicle with any State Division of Motor Vehicles; except that passenger vehicles which are commercially registered are exempt from these restrictions and, provided further, that this provision shall not be deemed to limit construction equipment which is used on the site for construction purposes.

D. Public election voting places. The provisions of this title shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

E. Public utility lines. Public utility lines for the transportation and distribution and control of water, electricity, gas, oil, steam, telegraph and telephone communications, and their supporting members, other than buildings or structures, shall not be required to be located on a lot nor shall this title be interpreted as to prohibit the use of a property in any zone for the above uses.

F. Pavers and hardscaping. Pavers shall be set back a minimum of 18 inches from any lot line in all zones, except the aforesaid setback is not required for driveways with a minimum six-inch-high curbline along the side of a driveway.

[Amended 8-22-2023 by Ord. No. 2023-13]

G. Setbacks in developed neighborhoods. Lots abutting the bay or lagoon shall provide a rear yard building setback commensurate with existing neighboring buildings along the bay or lagoon so as not to obstruct the prevailing view of the bay or lagoon from the existing neighboring buildings.

Moreover, lots abutting the bay or lagoon shall provide a rear yard building setback commensurate with existing neighboring buildings along the bay or lagoon so as not to obstruct the prevailing view of the bay or lagoon from the existing neighboring buildings.

H. Ground level decks. An attached or detached deck may be constructed up to a bulkhead which abuts the bay or lagoons and may be exempt from the required rear yard principal or accessory building setback requirements provided that the deck is accessory to a single- or two-family dwelling unit in the R-1, R-2 or OR district and provided further that the deck is less than one foot in height above the finished grade.

I. Trash corrals.

1. Trash corrals shall be permitted as accessory uses to permitted residential uses in the R-1, R-2, R-3, OR and MFR districts, provided that they are securely anchored to the ground to prevent flotation. The cans located within the corral must be removed from the corral and stored inside a building when the dwelling is closed for the season. The trash corral shall be maintained and kept free from litter at all times.

2. Where trash corrals are constructed, they shall be located on or directly in front of the lot to which they are accessory and shall be located no less than four feet nor more than 12 feet from the edge of the curb and in a manner which in no way interferes with sidewalks, parking or access driveways.

3. The trash corrals shall not be included in the computation of the lot coverage.

4. A trash corral shall not exceed 36 inches in height and six feet in length. The width of a trash corral shall not exceed 36 inches for a single-family dwelling and 60 inches for a two-family dwelling, a townhouse or apartment building. No more than one trash corral shall be provided for each single-family or two-family dwelling unit. More than one trash corral may be provided in a townhouse or apartment development, with additional corral(s) for recyclables not to exceed 40 inches in width and 36 inches in length and height.

5. The trash corrals shall be constructed of wood, either with solid or partially open walls in a manner to screen from view the enclosed trash cans. The corrals shall either be natural, treated wood or painted one earth tone or other muted neutral color except where the corrals are uniform in design with the residential dwelling.

6. The number of the dwelling shall appear on the corral in at least three-inch reflective numbers. Recycling corrals also shall display the symbol for recycling. Trash cans and recycle cans also shall display the dwelling number.

7. A zoning permit and building permit shall be required for the construction of any trash or recycling corral. The applicant shall furnish the zoning officer a fee as required and the necessary information from which to determine whether the subject corral meets the requirements of the title.

J. Maximum building height. Notwithstanding any provision of this chapter to the contrary, the maximum height for buildings constructed on oceanfront lots shall be 35 feet. For the purpose of this section, an oceanfront lot shall mean any lot which abuts the oceanfront building line.

K. Permitted encroachments into setbacks.

[Added 8-22-2023 by Ord. No. 2023-13]

1. Chimneys extending or protruding no more than 24 inches from the building and no more than six feet in width along the building shall be permitted to encroach into the front, side, and rear yard setbacks of the applicable zone. The base of the chimney within the front yard setback shall be a minimum of eight feet above the grade and the top of the chimney shall not exceed the maximum overall building height. All chimney encroachments shall not be considered within the lot coverage calculations.

a. No chimney shall be permitted to reduce the width or dimension of a driveway.

2. Construction of landings and stairs providing entry in connection with a house being raised so that the first-floor level is above design flood elevation (DFE) level may have 70 square feet projecting no more than eight feet from the face of the building for reconfigured entries, of which there can be no more than two. Each of the two allowable entries may have an additional 70 square feet, and these entries which do not exceed 70 square feet shall not be considered lot coverage.

3. The following mechanical systems may encroach into the side and rear yard setbacks, provided they otherwise comply with the accessory setback requirements, as follows: air conditioner compressor platforms not to exceed in total 32 square feet; pool equipment platforms not to exceed in total 32 square feet; and emergency generator platforms not to exceed in total 32 square feet. Ductless air conditioner units may encroach into the side and rear yard setbacks a maximum of 18 inches if installed on brackets.

L. Fence height measurements. All fences on properties with a raised grade shall be measured from grade, not the crown of the road.

[Added 8-22-2023 by Ord. No. 2023-13]