CITY OF NORTH WILDWOOD

COUNTY OF CAPE MAY, NEW JERSEY

ORDINANCE NO. 2011

AN ORDINANCE AMENDING AND SUPPLEMENTING

ORDINANCE 1177, AS AMENDED

WHEREAS, Ordinance 1177, adopted May 19, 1994, has been codified in the Code of the City of North Wildwood as Chapter 276, Land Development; and

            WHEREAS, the North Wildwood Planning Board has recently identified some inconsistencies regarding the treatment of garages; and

            WHEREAS, the Planning Board has determined that Ordinance 1177 should be revised to clarify that garages attached to a principal structure are part of the principal structure and are not accessory structures; and

WHEREAS, Council deems it prudent and appropriate to adopt an amendment to Ordinance 1177 to clarify such matter.

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of North Wildwood, in the County of Cape May & State of New Jersey as follows:

Section One.  The portion of Ordinance 1177, as amended, that has been codified in the Code of the City of North Wildwood at §276-15 is hereby amended and supplemented to the extent that §276-15 shall henceforth read as follows:

§ 276-15.R-1 Single-Family Residential.

A.        Principal permitted uses on the land and in buildings.

(1)       Detached single-family dwelling units.

(2)       Public playgrounds, public conservation areas, public parks, public open space and public purpose uses.

(3)       Public and private day schools of elementary and/or high school grade licensed by the State of New Jersey; except that nursery and/or day-care centers or schools are not permitted.

(4)       Churches which consist of commonly known, recognized and long-established sects or denominations.

(5)       Public utilities as conditional uses under N.J.S.A. 40:55D-67 (see §276-46 for standards).

(6)       Community residences for persons with developmental disabilities, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries and all other entities which may in the future be set forth in N.J.S.A. 40:55D-66.1 and N.J.S.A. 40:55D-66.2, and the requirements for all of those residences shall be the same as for single-family residences within this zone. [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(7)       Attached garages within/incorporated within the building footprint shall be considered part of the principal structure.  See also §276-15(E)(2).

(8)     Bed-and-breakfast establishments as conditional uses under N.J.S.A. 40:55D-67(see

§276-46 for standards).

B.         Accessory uses permitted.

(1)       Private residential swimming pools (see §276-42 for standards) and other usual recreational facilities customarily associated with residential dwelling units.

(2)       Private residential sheds for the storage of objects by the residents of the property, on the same lot/parcel, each not exceeding 15 feet in height from the grade/ground elevation, and altogether not exceeding 150 square feet in gross floor area. All residential sheds must be anchored in accordance with §276-51B(6)(a) to prevent flotation, collapse, or lateral movement of the structure. Private residential sheds may not encroach into the front yard required for the residential use in the zoning district in which it is located.

(3)       Boats on trailers and campers to be parked or stored only and located in rear and side yards only. Their dimensions shall not be counted in determining total building coverage, and they shall not be used for temporary or permanent living quarters while

1.Editor’sNote: Original §276-15A(7) of the 1981 Code, regarding planned commercial development, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

situated on the lot.

(4)       Off-street parking and private residential garages (see§276-15E here in below and

§276-35, Off-street parking, loading areas and driveways). Detached residential garages to the principal structure shall require the front of the garage to be set back a minimum of 20 feet from the front facade of the principal structure, not exceeding 15 feet in height, and altogether not exceeding 400 square feet in gross floor area, on the same lot/parcel.

(5)       Fences and walls (see§276-30).

(6)       Home occupations (see Article II for definition and requirements).

(7)       Signs (see§276-15Fhere in below and§276-40).

(8)       Satellite dish antennas (seeChapter212oftheCode).

(9)       Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front yard of any principal structure and/or lot. Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front 50% of a side yard and shall be located a minimum of four feet from the side property line; and as to any such equipment that is located in a side yard, it shall be screened so as to not be visible from any street or adjoining property when viewed from ground level. Temporary (i.e., removable) window air-conditioning units and temporary ductless air-conditioning/HVACcompressor units that do not project more than one foot beyond the existing structure are permitted when incorporated into an existing building by way of renovation. Replacement of in-kind units, without any increase in footprint size, located in the setback area prior to the adoption of this section are exempt to this regulation.

C.         Maximum building height.

(1)       No building height shall exceed 36 feet in height from the base flood elevation (BFE) or three stories, whichever is less, except that churches and schools shall not exceed 55 feet and except further as allowed in §276-47 of this chapter. All development on undersized lots shall have a reduced maximum building height in accordance with the schedules setforthin §276-34B(9). The following structures may be erected above the heights prescribed by this section, but in no case shall the height of any of these appurtenances exceed a height equal to 10% more than the maximum height permitted for the particular use at issue:

(a)       Decks; however, in no case shall a deck be permitted to be constructed higher than the floor of the existing top floor of a structure. [Amended 6-8-2022 by Ord. No. 1880]

(b)       Skylights, spires, cupolas, flagpoles, chimneys or similar structures.

(2)       Cellular telephone antennas and/or associated equipment are expressly excluded from this provision.

D.        Area and yard requirements. [Amended4-7-2020byOrd.No.1796]

NOTES:

1                   Except that the side yard setback distance may be reduced to the existing side yard distance of an existing principal building on the lot; provided that the minimum side yard setback distance shall be no less than four feet in any instance.

2                   For existing detached single-family dwelling units which were constructed prior to 1986 and for structures containing two units, both of which are single-family dwelling units (i.e., residential duplexes) which were constructed prior to 1986, new open porches, open above-ground decks, stairs, stair landings and/or steps providing access to the first floor of the structure shall be permitted to extend into the front yard setback area, but if so extended, a minimum distance of 5 feet to all property lines shall be maintained.

3                   May be reduced to the required front yard setback distance in instances where the rear of the lot does not abut another street or lot.

4                   Existing stairs and porches may be replaced with identical stairs and porches regardless of the setback requirements of the district in which the subject property is located.