"An Ordinance to limit and restrict to specified districts or zones, and to regulate therein, buildings and structures according to their construction and the nature and extent of their use, and the nature and extent of the use of land in the City of Ocean City, in the County of Cape May, New Jersey, and providing for the administration and enforcement of the provisions herein contained and fixing penalties for the violations thereof." (Ord. #02-19)

This Ordinance shall be known and may be called the "Ocean City Zoning and Land Development Ordinance." (Ord. #02-19)

The intent of this Ordinance is to establish a precise and detailed plan for the use of land in Ocean City and is enacted in order to promote and to protect the public health, safety, morals, comfort, convenience and the general welfare of the people. (Ord. #02-19)

This Ordinance has been adopted in order to:

Establish zoning districts and therein regulate the use of land and structure for residential, business, office, conservation and other purposes. (Ord. #02-19)

Regulate the location, height, bulk and size of buildings and structures, the size of yards, courts and open spaces, the percentage of a lot which may be occupied by a building or a structure, and the density of population. (Ord. #02-19)

Establish procedures and standards governing development review applications before the Planning Board and Board of Adjustment. (Ord. #02-19)

Establish development standards for land use, structures, accessory structures, subdivision of land and site improvements related to land development. (Ord. #02-19)

Such regulations are deemed necessary to achieve the following purposes:

To protect the character and maintain the stability of residential and business areas within the City and to promote the orderly and beneficial development of such areas. (Ord. #02-19)

To regulate the intensity of use of lots, and to determine the area of open spaces surrounding buildings necessary to provide light and air, privacy and convenience of access to property and to protect the public health. (Ord. #02-19)

To establish building lines and the location of buildings designed for residential, business or other uses within such lines. (Ord. #02-19)

To fix reasonable standards to which buildings or structures shall conform. (Ord. #02-19)

To prohibit uses, buildings or structures which are incompatible with the character of development or the use permitted within specified zoning districts. (Ord. #02-19)

To prevent such addition to, and alteration or remodeling of, existing buildings or structures that would not comply with the restrictions and limitations imposed hereunder. (Ord. #02-19)

To limit congestion in the public streets and so protect the public health, safety, convenience and the general welfare by providing for off-street parking of motor vehicles and for the loading and unloading of commercial vehicles. (Ord. #02-19)

To provide protection against fire, flood, explosion, noxious fumes and other hazards in the interests of public health, safety, comfort and the general welfare. (Ord. #02-19)

To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons and neighborhoods and to preserve the environment. (Ord. #02-19)

To promote the conservation of open space and valuable natural resources and to prevent degradation of the environment through improper use of land. (Ord. #02-19)

To promote the conservation of energy through the use of planning practice designed to reduce energy consumption and to provide for the maximum utilization of renewable energy sources. (Ord. #02-19)

This Ordinance shall apply to all structures, land and uses within the corporate limits of the City of Ocean City, New Jersey. (Ord. #02-19)

All buildings and structures erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocations of existing buildings occurring hereafter and all enlargements of, additions to, changes in and relocations of existing uses occurring hereafter shall be subject to the regulations of this Ordinance. (Ord. #02-19)

a. Existing buildings, structures and uses which do not comply with the regulations of this Ordinance shall be allowed to continue subject to the following:

1. In the event that any structure is destroyed by fire, flood, or other natural catastrophe in an amount up to one hundred percent (100%) of the cost of replacement of the structure the previous use may be continued notwithstanding any use violation of this Ordinance.

2. In the event any structure is destroyed by fire, flood or other natural catastrophe in an amount greater than seventy-five percent (75%) of the cost of replacement of the structure, such structure shall not be restored unless such structure shall thereafter conform to all regulations of the zoning district (excluding use) in which it is located. In this instance, variance approval shall not be required for pre-existing, nonconforming lots.

3. Expansion of nonconforming buildings. Where building have become nonconforming by virtue of the more stringent area, yard and height standards of this Ordinance, said nonconforming buildings or structures may be modified, provided that such modifications do not increase the non-conformity respective to the area, yard, height and other bulk requirements for the zone.

b. The prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure was legally existing before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. Application pursuant hereto may be made to the Zoning Officer within one (1) year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Board of Adjustment.

c. Notwithstanding the provisions contained in subsection 25-105.3e, lots existing at the time of the adoption of this ordinance with an area or width, less than prescribed for a lot in the zone in which it is located having ninety percent (90%) or more of the required area or width, which parcel was under one (1) ownership on the date of the adoption of this ordinance, when the owner thereof owns no adjoining land, may be used as a lot for any purpose permitted in the zone in which it is located. Compliance with all applicable zoning and design standards is required.

d. Lots existing at the time of the adoption of this ordinance shall be deemed to be conforming for the purposes of lot frontage and lot depth.

e. Lots existing at the time of the adoption of this ordinance on the City of Ocean City Tax Map, the owner of which owned no adjacent lots, and located within zoning districts where detached single-family dwellings are a permitted principal use, shall be deemed to be conforming in terms of lot width, lot frontage, lot area and lot depth for detached single-family use. Compliance with all other applicable zoning requirements and design standards pertaining to the single-family use shall be required.

f. Within all Gardens R-1 Neighborhood Zones, lots existing at the time of adoption of this ordinance' on the Ocean City Tax Map, except those which were in common ownership and nonconforming, the owner of which owned no adjacent lots, located within zoning districts where detached single-family dwellings are a permitted principal use, shall be deemed to be conforming in terms of lot width, lot frontage, lot area and lot depth for detached single-family dwelling use. Compliance with all other applicable zoning requirements and design standards pertaining to single-family dwellings shall be required. All single-family dwellings constructed, altered and/or enlarged pursuant to this section shall be subject to the building height limitations noted below:

No building or structure; no use of any building, structure or land; and no lot of record or zoning lot, now or hereafter existing, shall hereafter be established, altered, moved, divided or maintained, in any manner, except as authorized by the provisions of this Ordinance. (Ord. #02-19)

The following utility uses are permitted in all districts: poles, wires, cables, conduits, vaults, laterals, pipes, mains or any similar equipment, including automated substations requiring no daily servicing by personnel, located on or above the surface of the ground for the distribution to consumers of telephone, cable, television or other communications electricity, gas or water, or for the collection of sewerage or surface water. (Ord. #02-19)

This Ordinance is not intended to abrogate, annul or otherwise interfere with easement, covenant or other private agreement or legal relationship provided, however., that where the regulations of this Ordinance are more restrictive or impose higher standards or requirements than such easements, covenants or the private agreements or legal relationships, the regulations of this Ordinance shall govern. (Ord. #02-19)

a. Approval of any variance (except a use variance), Zoning Permit, subdivision, site plan, or conditional use granted or lawfully issued prior to the effective date of this Ordinance, or any amendment thereof, shall be valid after such effective date subject to the provisions of paragraph b. below. Any structure or use lawfully authorized by any variance, Zoning Permit, subdivision, site plan or conditional use which violates the provisions of this Ordinance shall be allowed to continue subject to the provisions of Section 25-105.3a,1 and Section 25.103a,2 of this Ordinance.

b. Any variance granted by the Zoning Board of Adjustment or the Ocean City Planning Board, from the rules and regulations contained in Ordinance 88-27 as amended, shall expire one (1) year subsequent to the grant of said variance unless within that period of time the applicant has received a building permit from the Construction Official. In the event a building permit is obtained it shall be, acted upon in conformity with the Uniform Construction Code. (Ord. #89-8, § 1; Ord. #02-19)

Nothing in this Ordinance shall be deemed to require any change in the plans, construction or designated use of any structure in the event that:

a. A building permit for such structure was lawfully issued prior to the effective date of this Ordinance; and

b. Such permit had not by its own terms expired;

c. Such permit was lawfully and properly issued in accordance with the law prior to such effective date; and

d. There has been a substantial change of position, substantial expenditures or incurrence of substantial obligations by the permit holder in good faith and justifiable reliance on such permit; and

e. Construction pursuant to such permit is commenced within ninety (90) days following such effective date and is thereafter diligently pursued to completion. (Ord. #89-22, §8; Ord. #02-19)

Upon completion of a structure pursuant to a preexisting building permit as authorized by Section 25-105.8 hereof, such structure may be occupied by, and a Certificate of Occupancy shall be issued for, the use designated on such permit, subject thereafter to the provisions of Section 25-105.3 of this Ordinance relating to nonconformities. (Ord. #02-19)

**Webmasters Note: The previous sections, 25-105.3.b through 25-105.9, have been amended as per Supplement No. 3.

It shall be the duty of the Administrative Officer of the City of Ocean City or his representative in his absence to administer and enforce this Ordinance. In no case shall a permit be granted for the construction of or alteration of any building where the proposed construction, alteration or use would be in violation of any provision of this Ordinance. It shall be the duty of the Administrative Officer or his representative to cause any buildings, plans or premises to be inspected or examined and to order in writing to the owner or his agent that any condition be remedied which is found to exist in violation of any provisions of this Ordinance and he shall have the right to enter any building or premises during the daytime in the course of his duties. A copy of any order given in writing to an owner or his agent that any condition be remedied shall be given to the City Clerk. (Ord. #02-19)

a. For any and every violation of the provisions of this Ordinance, the applicant, subdivider, developer, owner, general agent or contractor of a building or premises where such violations have been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, and the owner, general agency, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, building contractor or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall, for each and every day that such violation shall exist, shall for each and every day that such violation continues, be subject to a fine of not more than one thousand two hundred fifty ($1,250.00) dollars or be imprisoned for a term not exceeding ninety (90) days, or both.

b. If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by this Ordinance pursuant to N.J.S.A. 40:55D-1 et seq., such person shall be subject to a penalty not to exceed one thousand two hundred fifty ($1,250.00) dollars and each lot disposition so made may be deemed a separate violation.

In addition to the foregoing, the City may institute and maintain a civil action:

1. For injunctive relief; and

2. To set aside and invalidate any conveyance made pursuant to such a contract of sale provided a "Certificate as to Approval of Subdivision Land" has not been issued in accordance with N.J.S.A. 40:55D-56.

In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land, from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two (2) years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six (6) years, if unrecorded.

c. If, after final approval, it is discovered that there was any misrepresentation of any statements or proofs contained in any plat or in any application for approval or in any representations made to induce approval, the Municipal Agency or the City Council may, in addition to such other sanctions as are available in the law, revoke the approval of any plat and proceed as if final approval had not been obtained.

d. If the developer or agent of the developer shall, after notification by certified mail from the City Engineer to cease the construction of improvements, cease the use of certain construction methods and procedures, or cease the use of or lack of use of site maintenance methods and procedures which may result in hazards of life, health or property; continue to carry on the activities specifically included in cessation order(s) from the City Engineer; then any such developer or agent of such developer shall be subject to a fine not to exceed five hundred ($500.00) dollars or to imprisonment for not more than ninety (90) days. Each and every day that a developer or agent of a developer operates in violation of this Ordinance after issuance of a cessation order by the City Engineer shall be considered a separate and specific violation. (Ord. 02-19; #02-36, 8)

Any and all ordinances inconsistent with this Ordinance, including all Zoning Ordinances of the City of Ocean City previously adopted are hereby repealed. (Ord. #02-19)

Should any section, paragraph, word or phrase of this Ordinance be declared invalid by a Court of competent jurisdiction it shall not affect the remaining portions which will remain in full force and effect. (Ord. #02-19)

This Ordinance shall take effect immediately following final passage and publication. (Ord. #02-19)

In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, morals and general welfare, as set forth in the provisions hereof establishing the intent and purpose of this Ordinance in general and its various sections in particular. Where the provisions of this Ordinance impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this Ordinance shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this Ordinance, the provisions of such statute, other ordinance or regulation shall be controlling. (Ord. #02-19)

This Ordinance, being necessary for the welfare of the City and its inhabitants, shall be construed liberally to effect the purposes thereof. (Ord. #02-19)