25-205.8 MVH, MARINE VI LLAGE HARBOR ZONE · 25-205.8 MVH, MARINE VI LLAGE HARBOR ZONE 25-205.8.1...

25-205.8 MVH, MARINE VILLAGE HARBOR ZONE

25-205.8.1 Purpose. The Marine Village Harbor Zone established in Section 25-201.2 of this Ordinance recognizes the very limited amount of land available in Ocean City lying along the navigable Intracoastal Waterway to carry out marine activities. The MVH Zone is intended to protect and enhance the use of a unique and scarce land resource in Ocean City for the purpose of conducting marine commercial activities along the bayfront in accordance with the provisions of N.J.S.A. 40:55D-2(g). (Ord. #02-19; Ord. #06-33, §1) 25-205.8.2 Permitted Uses. One (1) or more of the following uses shall be permitted on any lot in the MVH Zone. a. Marine commercial uses, such as: 1. Marine support facilities, i.e., docks, maintenance yards, boat storage, and boat fueling stations; 2. Marine craft and accessory sales, services and repairs; 3. Marine specialty shops; 4. Fish and tackle shops; 5. Marine technical and sailing schools; 6. Boat rentals; and b. Ship chandlers; c. Marine civic, social and fraternal association meeting places; d. Art galleries and museums; e. Restaurants; f. Essential services. (Ord. #02-19; Ord. #06-33, §1)

25-205.8.3 Conditional Uses. a. Hotel or motel subject to the provisions contained in subsection 25-208.2.5 of this Ordinance. (Ord. #02-19; Ord. #06-33, §1) 25-205.8.4 Permitted Accessory Uses, Buildings and Structures. a. On-site storage of goods incidental to the daily conduct of the on-site retail, commercial or

professional office use. b. Signs. c. On-site parking facilities for the uses contained in the building provided said facilities do not occupy

the first floor area of the building. d. Professional offices such as real estate, physicians, accountants, dental, architects, planners,

engineers, lawyers and similar types of offices, provided such professional offices do not occupy the first floor area of the building.

e. Solid waste/recyclable material storage in accordance with Section 25-1700.31 of this Ordinance. f. Fences and walls in accordance with Section 25-1700.14 of this Ordinance. g. Other customary accessory uses, buildings and structures, which are clearly incidental to the principal use(s) and building(s). (Ord. #02-19; Ord. #06-33, §1) 25-205.8.5 Bulk Requirements. The following schedule applies to the Marine Village Harbor Zone and provides requirements for lot area, lot width, lot frontage, lot depth, front, side and rear yards, building height, number of stories, building coverage and impervious surface coverage. (Ord. #02-19; Ord. #06-33, §1) Marine Village Harbor Zone - Schedule of District Regulations 25-205.8.6 Reserved. 25-205.8.7 Reserved. 25-205.8.8 Rear Yard. A rear yard shall be required on every lot in the MVH Zone. Said rear yard shall face the Intracoastal Waterway. In order to promote a desirable visual environment in accordance with the provisions of N.J.S.A. 40:55D-2(i) and in order to provide adequate light, air and open space in accordance with the provisions of N.J.S.A. 40:55D-2(c), the setback line of the building envelope shall vary by floors as follows: a. The building setback for the first floor shall be twenty feet (20') measured from the bay bulkhead line; the first ten feet (10') from the bulkhead shall be a planked public sidewalk or boardwalk; and the remaining ten feet (10') measured from the edge of the planked public sidewalk to the building line shall be covered by vegetation, concrete or planked decking. A bay bulkhead and abutting planked public sidewalk or boardwalk ten feet (10') wide shall be installed on every lot adjoining on the Intracoastal Waterway; said bay bulkhead and abutting planked public sidewalk or boardwalk shall be maintained by the owner, or owners in the case of condominium ownership. Where adjoining properties have installed, or received approvals from the approving authorities to install, the required planked walkway applicants/owners shall be required to install their walkway at an elevation which does not inhibit pedestrian passage. In some instances, this may require the construction of elevation-transition areas.

b. The building setback for the second floor shall be twenty-five feet (25') measured from the bay bulkhead line. c. The building setback for the third floor shall be thirty feet (30') measured from the bay bulkhead line. d. An open patio shall be permitted in the rear yard. The patio may be constructed to the same elevation as the top of the bulkhead not to exceed three feet (3') above grade and extend from the building to the edge of the walkway required above. There shall be no other encroachments of any kind, including but not limited to enclosed porches, raised or second floor decks or steps leading to the upper floors or any other structures in the rear yard areas. (Ord. #02-19; Ord. #06-33, §1) 25-205.8.9 Front Yard. A front yard shall be required on every lot. Said front yard shall abut the adjoining public street and shall be a minimum of twenty-five feet (25') deep. The second and third floors of cantilevered buildings may encroach into the front yard area to the same extent that the building envelope on the bay side is set back as follows: a. For the first-floor area no encroachment into the front yard is permitted; b. For the second-floor area a five-foot (5') overhang into the required front yard area is permitted; c. For the third-floor area a ten-foot (10') overhang into the front yard area is permitted. (Ord. # 94-16, Appx. A; Ord. #02-19; Ord. #06-33, §1) 25-205.8.10 Side Yards. a. Each lot shall have two (2) side yards in accordance with Schedule C, Schedule of Side Yard Setbacks.* b. No encroachments shall be permitted into any side yard. c. Notwithstanding the provisions of this section, eaves including gutters not exceeding eighteen inches (18") in width may encroach into each side yard area. (Ord. #02-19; Ord. #06-33, §1) 25-205.8.11 First Floor Area. The entire first floor area of every building in the MVH zone shall only be used for uses such as those identified in subsection 25-205.8.2.(a–e) of this Ordinance and hotels and motels. Parking spaces are specifically prohibited on the first floor of any building. (Ord. #02-19; Ord. #06-33, §1) 25-205.8.12 Reserved. 25-205.8.13 Off-Street Parking, Loading/Unloading and Access. a. Off-street parking and loading facilities shall be provided as required by subsection 25-300.12-12.6 inclusive, of this Ordinance. b. Parking for boats shall be provided as follows: 1. One (1) parking space for every four (4) boat slips twenty-five feet (25') or less in length; 2. One (1) parking space for every boat slip in excess of twenty-five feet (25') in length; 3. One (1) parking space for every four (4) anticipated passengers on any commercial or chartered boat.

(Ord. #02-19; Ord. #06-33, §1) 25-205.8.14 Signs. In accordance with Section 25-1700.29, Signs, of this Ordinance. (Ord. #02-19; Ord. #06-33, §1) 25-205.8.15 Reserved. 25-205.8.16 Boat Docks and Slips. a. In order to protect the integrity of the Marine Village Harbor Zone, all boat docks and slips existent at the time that this Ordinance takes effect shall be maintained by the owner(s) of record. b. A minimum of two (2) boat slips shall be provided for each new dwelling unit established in this zone. One (1) such boat slip shall be assigned to each dwelling through a numbering system. c. No boat slips shall be sold unless said slips are part of a condominium master deed held in common with the residential and commercial uses in the development.

(Ord. #02-19; Ord. #06-33, §1)

Marine Village Harbor Zone - Schedule of District Regulations (Subsection 25-205.8.5)

NOTES TO SCHEDULE:

(1) The minimum required front yard shall be as noted in Schedule B - "Schedule of Front Yard Setback Depths by Street." Where development is proposed on lots adjacent to a street not listed on Schedule B, the required front yard shall be the average setback of the adjacent buildings on the entire block, as determined from a certified survey provided by the applicant/owner.

(4) The minimum required lot depth and lot frontage indicated shall be provided, except that lots with less than the required depth or frontage at the time of adoption of this ordinance, shall be deemed to be conforming for purpose of lot depth.

(8) For lagoon-front, bay-front and oceanfront lots, the front yard shall be the street side and the rear yard shall be the water side of the lot. (12) First floor shall be required as commercial use per Ordinance subsection 25-208.8.11. SCHEDULE A—Schedule of Zoning District Regulations (Section 25-209.1) SCHEDULE B—Schedule of Front Yard Setback Depths by Street (Section 25-209.2) SCHEDULE C—Schedule of Side Yard Setbacks (Section 25-209.3) (Ord. #03-22, §1; Ord. #04-13, §3; Ord. #06-33, §1)

Zone

District

Minimum Lot Area

(Square Feet)

Minimum Lot Width and Lot Frontage

(Feet)

Minimum Yard Requirements

(Feet)

Min. Lot

Depth (Feet)

(4)

Maximum

Building Height

Maximum Building Coverage (percent)

Maximum Impervious Coverage (percent)

Interior Corner Interior Corner Front (1, 8)

Rear (8)

Side Flat Pitched Roof

Total Stories

MVH

3500

3500

35

35

Schedule

B

20

Schedule

C

100

25 31

3(12)

45

75

25-209.1 Schedule A Zoning District Regulations

NOTE: Schedule B - "Schedule of Front Yard Setback Depths by Streets." (Section 25-209.2)

Schedule C - "Schedule of Side Yard Setbacks." (Section 25-209.3)

(Ord. #99-20, §3; Ord. #00-05, §5; Ord. #00-06, §8; Ord. #02-19; Ord. #02-36, §9; Ord. #03-12, §5; Ord. #04-13, §4; Ord. #06-36, §1; Ord. #06-33, §§1, 2; Ord. #07-37, §§2,4)

25-209.2 Schedule B - Schedule of Front Yard Setback Depths by Street.

This schedule applies to all lots located within the following residential zones: R-1, R-2, R-L-1, R-L-2, R-O-1, R-O-2, R-B, R-MB, R-MF, Bay Landings, Bayou, Bay View, Bay West, Corinthians, Gardens, Merion Park, Neel, North End, Ocean City Homes, Revere Place, Riviera.

SCHEDULE B SCHEDULE OF FRONT YARD SETBACK DEPTHS BY STREET

Street Name Required front yard (In feet)

Aberdeen Road 12 Aldrich 10 Alder Lane 10 Anchorage Drive 20 Anchor Road 20 Appletree Lane 20 Argyle Place 25 Arkansas Avenue 20 Asbury Avenue 10 Asbury Road 15 Atlantic Avenue and Boulevard 10 Barbados Lane 20 Bark Drive 20 Bartram Lane 25 Bass Court 10 Battersea Road 12 Wesley to West Atlantic Boulevard Northeast Side 25 Bay Avenue 10 20th Street to 24th Street

34th Street to 36th Street

52nd Street to 55th Street

22

25

24

Bayland Drive 15 Bay Road 10 Bayonne Place 10 Bayview Place 10 Bayshore Drive 20 Beach Road 10 Belfast Road 12 Bonita Court 10 Bridge Boulevard 12 Brigantine Drive 20 Cardiff Road 12 Caroline Lane 20 Central Avenue 10 9th Street to 15th Street in R-MF 12 Central Road Northwest Side 15 Southeast Side 20 Chelsea Place 10 Clipper Drive 20 Clubhouse Drive 10 Coolidge Road 10 Coral Lane 10 Corinthian Avenue 10 Crescent Road 12 Dolphin Court 10 Dory Drive 20 Dundee Road 12 East Atlantic Boulevard Battersea to Surf 22 Surf to Gardens Parkway 16 R-2 Zone Only 22 Easterly Drive 10 Edgewater Road 15 Edinburgh Road 12 Ferndale Drive 20 Gardens Parkway and Road 12 Garfield Place 10 Genoa Drive 10 Gilbert Lane 20 Glenwood Drive 20 Grenada Lane 20 Gull Haven 10 Gull Road 10 Harbor Road 12 Haven Avenue 10 20th Street to 24th Street

52nd Street to 55th Street

West side from 20th Street to 21st Street

22

20

10 Holly Tree Road 12 Inlet Road 12 Kingston Lane 20 Lagoon Road 12 Landing Road 10

Laurel Road 12 Leyte Lane 20 Lincoln Place 10 Mariana Lane 20 Marine Place 10 Marlin Court 10 Marshall Lane 20 Mercer Place

Merion Place

10

10 Michigan Avenue 20 Moore Avenue 10 Morningside Road

Northwest side

Southeast side

20

12 Nassau Road 10 Newcastle Road 12 R-0-1 Zone 10 North Street 10 North Point Road 12 Numbered Streets

(except 1st, 2nd, 3rd and 4th Streets East of Atlantic Avenue in the CR Zone) (except 52nd Street, 53rd Street, and 54th Street as listed below)

10

Ocean Avenue 15 Ocean Road North Street to Battersea Northwest side 12 Southeast side 10 Battersea to Gull 10 Gull to Seaspray 20 Oxford Lane 25 Palen Avenue 10 Parkridge Road 10 Pelham Place 10 Pembroke Lane 25 Pine Road 20 Pinewood Drive 20 Pinnacle Road 12 Plaza Place 10 Pleasure Avenue R-1 Zones

except, 11th Street to 12th

Street east side

25

10 R-2 Zones

except, 15th Street to 16th

Street, northwest side

10

25

R-B Zone 12th-15th Streets 10 15th-16th Streets 25

R-MB Zone 10 Prospect Avenue 10 Reef Drive 10 Revere Place 10 Richmond Drive 20 Roosevelt Boulevard 25 Rosemar Lane 20 Safe Harbor Drive 10 Seabright Road 12

Seabright Road (East)

(except those lots on the south side (Block 70.26) between Wesley Road (Gardens Parkway) and Ocean Road))

22

Sea Cliff Road 10 Seacrest Road 10 Sea Harbor Drive 10 Seaspray Road 12 Seaview Road 10 Simpson Avenue

except, 20th Street to 24th Street and, 52nd Street to 55th Street

10

25

22 Simpson Road 25 Sindia Road 17 Somerset Lane 25 St. David's Place 10 South Inlet Drive 10 Spinnaker Court 10 Spruce Drive 20 Spruce Road 20 Station Road East Northwest side 20 Southeast side 25 Station Road West Northwest side 17 Southeast side 10 Summer Court 15 Sunnyside Court 15 Sunset Place 10 Surf Road 12

Surf Road (East)

(except those lots on the north side (Block 70.26) between Wesley Road (Gardens Parkway) and Ocean Road))

20

Sweetwater Court 15 Tarpon Court 10 Tioga Terrace 8 Tobago Lane 20 Valmar Court 15

Vernon Lane 25 Victoria Lane 25 Wahoo Drive 10 Walnut Drive 20 Walnut Road 20 Walton Place 10 Warwick Road 10 Waterview Boulevard 25 Waterview Place 10 Waterway Road 15 Waverly Boulevard 12 Wayne Avenue 10 Wesley Avenue

except, R-MF Zones

10

12 Wesley Road

except, North Street to Battersea

12

15 West Avenue

except, 53rd Street to mid-5400

Block

10

20 West Atlantic Boulevard 12 West 17th Street 10 West 28th Street

except, west of Bayland Drive

10

15 West 55th Street

except, north side, west of Bay

Avenue

Westminister Lane

10

20

25 Windsor Drive 20 Wovern Place 8 18th Street

West of Bay Avenue—south side

20 52nd Street

except, south side, west of alley between West Avenue and Haven Avenue

10

20 53rd Street

except, west of West Avenue

10

18 54th Street

except, west of West Avenue

10

15

Corinthian and Stenton Place Neighborhood

Street Name

and

Street Side

Required Front

Yard to Porch

or Deck

(in feet)

Required Front

Yard to Dwelling

(in feet)

5th Street

Atlantic Avenue

Ocean Avenue

—

—

—

10

10

15

Brighton Place -

South Side

North Side

8

6

18

15

Delancy Place -

South Side

North Side

4

4

10

12

First Street -

South Side

North Side

10

10 feet west of Corinthian

4 feet east of Corinthian

16



Fourth Street -

South Side

North Side

4



14



North Street -

South Side 10 feet west of Corinthian




Park Place -

South Side




10 feet east of Corinthian North Side 10 18

Pennlyn Place -

South Side

North Side

4



14

14

Second Street -

South Side

North Side

6



14



St. Charles Place -

South Side

North Side

10

10

20

20

St. James Place -

South Side

10



North Side 12 feet west of Corinthian




Stenton Place -

South Side




12 feet east of Corinthian North Side 10 18

Third Street

South Side

North Side

8

4

18

14

Commercial Zones

CB and CB -1 Central Business Zones

Street Name Required Front Yard (in feet)

Asbury Avenue -6th-14th 4 Wesley Avenue

Numbered Streets

10

4 Haven Avenue 30 Numbered Streets 30 West Avenue 30 Moore Avenue 30

(NB and NB-1) Neighborhood Business Zones

Asbury Avenue 10 Battersea Road 12 Haven Avenue 10 Numbered Streets 10 Simpson Avenue 10 West Avenue 10

(O&B) Office and Bank Zone

Aldrich Road 30 Bay Avenue 30 Haven Avenue 30 Palen Avenue 30 Pleasure Avenue 30 Revere Place 30 Simpson Avenue 30

(ON-BD) On-Boardwalk Zone

Boardwalk 0 Moorlyn Terrace 10 Numbered Streets 10 Ocean Avenue 20 Plaza Place 10 Plymouth Place 10 Moorlyn Terrace 10 Numbered Streets 10 Ocean Avenue 20 Plaza Place 10 Plymouth Place 10 Wayne Avenue 10

(HM & HM-1) Hotel Motel Zones

Atlantic Avenue 10 Moorlyn Terrace 4 Numbered Streets 4 Ocean Avenue 20 Plymouth Place 4 Wesley Avenue 10

(MVH) Marine Village Harbor Zone

See Section 25-205.8.9

(A) Airport Zone

Bay Avenue 30

MP-NB-1 Marine Place Neighborhood Business-1 Zone

Bay Avenue 10

(Ord. #89-22, §4; Ord. #94-16, Appx. A; Ord. #00-05, §6; Ord. #00-06, §9; Ord. #02-19; Ord. #02-23, §18; Ord. #02-36, §9; Ord. #03-12, §5; Ord. #04-13, §4; Ord. #06-22, §1)

25-209.3 Schedule C and Schedule C1 - Schedules of Required Side Yard Depths by Lot Width.

SCHEDULE C

This schedule of side yard setbacks shall apply to all lots located within the following zones: R-1, R-2, R-MF, R-B, R-MB, R-L-1, R-L-2, R-O-1, R-O-2, DB, NB, NB-1, O&B, ON-BD, OFF-BD, MVH, and P, Bay Landings, Bayou, Bayview, Bay West, Gardens, Merion Park, Neel, North End, Revere Place, and Riviera Neighborhood Zones.

Lot Width

Ranges

In Feet

Minimum Width

of Each Side Yard

In Feet

Aggregate Width

of Both Side

Yards In Feet

Less than 30.0 4'0" 8'0" 30.0 to 34.9 4'0" 8'0" 35.0 to 39.9 4'0" 9'0" 40.0 to 44.9 5'0" 11'0" 45.0 to 49.9 5'0" 12'0" 50.0 to 54.9 5'0" 13'0" 55.0 to 59.9 5'0" 15'0" 60.0 to 64.9 5'0" 16'0" 65.0 to 69.9 5'0" 17'0" 70.0 to 74.9 5'0" 19'0" 75.0 to 79.9 5'0" 20'0" 80.0 to 84.9 5'0" 21'0" 85.0 to 89.9 5'0" 23'0" 90.0 or greater 5'0" 24'0"

SCHEDULE C-1

SIDE YARD SETBACK DEPTHS BY STREET

This schedule of side yard setbacks in the OCHR Zone shall apply to the principal structures as follows:

Street Name

Width of Each Side Yard Shall be a Minimum of the Following in

Feet

Combined Width Of Two (2) Side Yards Shall be a Minimum of the

Following in Feet

Bay Avenue 7 20 East 53rd Street 5 20 East 54th Street 5 20 Haven Avenue 7 20 Simpson Avenue 7 20

(Ord. #00-05, §7; 88-32, §1; Ord. #02-19; Ord. #04-13, §4)

OCEAN CITY MARINA / DAN”S MARINA

Frontal Footage 226.5 Ft - Property Depth Footage 130 Ft

Block 911 Lot 1

Parcel Details PIN: 0508-009110000-000010000-00000 Location: 201-07 W TENTH ST Owner Name: CAPITOL BUILDERS, INC Street Address (Mailing): 124 RT 73 N City (Mailing): VOORHEES, NJ Zip Code (Mailing): 08043 Location of The Property: 201-07 W TENTH ST Parcel Classification: 4A Acreage: 0.03 Land Description: Additional Lot Field: L1.01,OB911,L8A Zoning: Year Built: 1960 Land Value: 492800 Improvement Value: 226700 Total Value: 719500 Sales Price: 1350003 Deed Date: 07-14-2004 Mncp Id: 0508 Block: 00911 Lot: 00001

Block 911 Lot 2

Parcel Details PIN: 0508-009110000-000020000-00000 Location: 928-30 PALEN AVE Owner Name: CAPITOL BUILDERS Street Address (Mailing): 124 RT 73 N City (Mailing): VOORHEES, NJ Zip Code (Mailing): 08043 Location of The Property: 928-30 PALEN AVE Parcel Classification: 4A Acreage: 0.11 Land Description: Additional Lot Field: L2.01,OB911,L7A Zoning: Year Built: 0000 Land Value: 589700 Improvement Value: 15800 Total Value: 605500 Sales Price: 999999 Deed Date: 07-14-2004 Mncp Id: 0508 Block: 00911 Lot: 00002

Block 911 Lot 3

Parcel Details PIN: 0508-009110000-000030000-00000 Location: 924-26 PALEN AVE Owner Name: CAPITOL BUILDERS, INC Street Address (Mailing): 124 RT 73 N City (Mailing): VOORHEES, NJ Zip Code (Mailing): 08043 Location of The Property: 924-26 PALEN AVE Parcel Classification: 4A Acreage: 0.14 Land Description: Additional Lot Field: L3.01,OB911,L6 Zoning: Year Built: 0000 Land Value: 627100 Improvement Value: 45300 Total Value: 672400 Sales Price: 999999 Deed Date: 07-14-2004 Mncp Id: 0508 Block: 00911 Lot: 00003

Block 911 Lot 4

Parcel Details PIN: 0508-009110000-000040000-00000 Location: 920-22 PALEN AVE Owner Name: CAPITOL BUILDERS, INC Street Address (Mailing): 124 RT 73 N City (Mailing): VOORHEES, NJ Zip Code (Mailing): 08043 Location of The Property: 920-22 PALEN AVE Parcel Classification: 4A Acreage: 0.12 Land Description: Additional Lot Field: L4.01,OB911,L5 Zoning: Year Built: 1988 Land Value: 575000 Improvement Value: 50000 Total Value: 625000 Sales Price: 999999 Deed Date: 07-14-2004 Mncp Id: 0508 Block: 00911 Lot: 00004

25-205.8 MVH, MARINE VI LLAGE HARBOR ZONE · 25-205.8 MVH, MARINE VI LLAGE HARBOR ZONE 25-205.8.1...

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