(§ 246-1 - § 246-21)
This chapter shall be known as the "Borough of Seaside Heights Land Use Ordinance."
The intent and purposes of this chapter are:
A. To encourage municipal action to guide the appropriate use and development of all lands in the Borough of Seaside Heights in a manner which will promote the public health, safety, morals and general welfare;
B. To secure safety from fire, flood, panic and other natural and manmade disasters;
C. To provide adequate light, air and open space;
D. To ensure that the development of the Borough of Seaside Heights does not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole;
E. To promote appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preserve the environment;
F. To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;
G. To provide sufficient space in appropriate locations for a variety of land uses, and open space, both public and private, according to their respective environmental requirements, in order to meet the needs of the residents of the Borough of Seaside Heights;
H. To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of facilities and routes which result in congestion or blight;
I. To promote a desirable visual environment through creative development techniques and good civic design and arrangements;
J. To promote the conservation of historic sites, open space, energy resources and valuable natural resources and to prevent urban sprawl and degradation of the environment which might otherwise occur through improper use of land;
K. To encourage development which is carefully planned to incorporate the best features of design and properly relate the land use development to the particular site;
L. To encourage senior citizen community housing construction consistent with provisions permitting other residential uses of a similar density in the same zone;
M. To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land;
N. To promote use of renewable energy resources; and
O. To promote the maximum practicable recovery and recycling of materials from municipal solid waste through the use of planning practices designed to incorporate and complement the State Recycling Plan goals.
The regulations established by this chapter shall be held to be the minimum requirements and shall apply uniformly to each class or kind of structure or land. It is not the intention of this chapter to interfere with, abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction with regard to use, height or open space, the provisions of this chapter shall govern.
A. Use of land; construction of buildings. On and after the effective date of this chapter, no land or building shall be used, constructed, located, altered, rebuilt or enlarged for any purpose within the Borough of Seaside Heights except in conformity with the restrictions and regulations established by this chapter for the zone in which such land or building is located, and in conformity with all other pertinent terms and provisions of this chapter.
B. Existing uses and structures. In all zones, after the effective date of this chapter, any existing building or structure and all tracts of land, the use of which is not in conformity with the regulations for the zone in which it is located, shall be deemed as nonconforming and subject to the appropriate regulations of this chapter governing such nonconforming lots, uses and structures.
C. Failure to comply. Any building constructed, rebuilt, altered or located on or after the effective date of this chapter in violation of the restrictions and regulations established for the zone in which it is located or in violation of other pertinent terms or provisions of this chapter shall be changed, altered, corrected or relocated by the person who constructed or located such building and by the owner of the land on which it is situated so that both building and premises shall conform to all provisions of this chapter. Such change, alteration, correction or relocation shall be made within 30 days after notification, in writing, by the Zoning Officer to the person who constructed, altered or located the building and the owner of the land on which it is located. Such notification shall be by personal service on those to be served or by certified or registered mail, return receipt requested, to the last known address of those to be served.
D. Any nonconforming building or structure or any building or structure situated upon a nonconforming lot, which has been legally used primarily for year-round occupation, may continue to be occupied on a year-round basis. Any expansion of a nonconforming building or structure or any building or structure situated upon a nonconforming lot from less than year-round use to year-round use, requires the owner to apply for a use variance permitting such expansion. [Added 6-7-2000 by Ord. No. 2000-11; amended 8-7-2002 by Ord. No. 2002-18]
A. As used in this chapter, the word "shall" denotes a mandatory requirement, and the term "may" indicates a permissive action.
B. Words and phrases shall be presumed to have their ordinary meanings, unless specifically defined differently. Disputes concerning definition or interpretation of a word or phrase shall be resolved by the Planning Board.
The meaning of words and phrases defined by the Municipal Land Use Law, particularly N.J.S.A. 40:55D-3 through 40:55D-7, if not contained in this section, are incorporated herein and declared to be a part of this chapter. As used in this chapter, the following words and phrases shall have the meanings indicated:
ACCESSORY BUILDING OR STRUCTURE A building or structure detached from and subordinate to the principal building on the same lot, the use of which is customarily incidental to that of the principal building or structure.
ACCESSORY USE A use customarily incidental and subordinate to the main use conducted on a lot, whether such accessory use shall be conducted in the main or an accessory building or structure.
ADMINISTRATIVE OFFICER The Planning Board Secretary, unless a different municipal official is designated within this chapter.
ALTERATION As applied to a building or structure, a change or rearrangement in the structural supports or other structural parts, or in the existing facilities; an enlargement, whether by a change in height, width or depth; or moving a building or structure from one location or position to another.
APPLICANT A developer submitting an application for development.
APPROVING AUTHORITY The Planning Board of the Borough of Seaside Heights, unless a different agency is designated by this chapter, when acting pursuant to the authority of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and this chapter.
BASEMENT A story partly underground and having more than 1/2 of its height above the average level of the adjoining ground. A basement shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for business or dwelling purposes.
BILLBOARD A sign which directs attention to a business, product, commodity, service or entertainment conducted, sold or offered elsewhere than upon the lot on which such sign is situated and designed in conjunction with the sign standards of Chapter 191.
BLOCK An area of land usually bounded by streets, railways, streams or other barriers to development, which includes within its boundaries land parcels designated by lot numbers on the Municipal Tax Maps.
BREEZEWAY A covered passageway extending between a main and an accessory building and having a permanent connection so as to be, or become, an integral part of the main building.
BUFFER An area within a property or site generally adjacent to or parallel with the property line either consisting of natural existing vegetation or created by the use of trees, shrubs or fences and used to visibly separate one use from another or to shield or block noise, lights or other nuisances. Buffers may include fences or berms as well as vegetation. All fences shall be constructed with structural elements and posts facing the property or site on which they are located.
BUILDING Any structure having a roof supported by columns, piers or walls, or having other support, including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels, intended for the shelter, housing or enclosure of any person or use.
BUILDING AREA The aggregate of the areas of all buildings, as defined in the definition of "building," on a tract. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.
BUILDING HEIGHT The vertical distance measured from the ground point determined within this chapter to the top of the roof beam. [Amended 8-4-2004 by Ord. No. 04-10]
BUILDING, PRINCIPAL A building or structure in which is conducted the main or principal use of the lot on which said building is situated, to which all other buildings and structures on the lot are accessory.
BUILDING SETBACK LINE An established line within a property defining the minimum required distance between the face of any structure to be erected and an adjacent right-of-way or street line. All yard requirements are measured to the building line. This is the line which no building or structure shall extend beyond unless otherwise provided for in this chapter.
BUMPERS Permanent devices set in each stall to block the front wheels and prevent encroachment beyond the stall space.
CANTILEVER A freestanding projection from a wall of a building or structure to support a balcony, cornice, etc.
CARPORT An open structure attached to the main building intended for the sheltering of motor vehicles and being not more than 400 square feet in area. The carport shall have no sides, unless such sides are the exterior walls of adjacent buildings or structures.
CELLAR A story partly underground and having 1/2 or more than 1/2 of its clear height below the average grade of the adjoining ground.
CERTIFICATE OF OCCUPANCY A certificate issued by the Building Inspector or other designated Construction Official of the Borough of Seaside Heights upon completion of construction, modification or alteration of a building. Said certificate shall acknowledge compliance with all requirements of this chapter, such adjustments thereto granted by the Planning Board and/or all other applicable requirements.
CHURCH A building or group of buildings, including customary accessory buildings, designed or intended for public worship. For the purpose of this chapter, the word "church" shall include chapels, congregations, cathedrals, temples and similar designations, as well as parish houses or rectories, convents and such accessory uses. The word "church" shall exclude, however, buildings or uses for residential, educational, burial, recreational or other purposes not normally associated with worship.
CONDITIONAL USE A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter, and upon the issuance of an authorization therefor by the Planning Board.
CORNER LOT Any lot fronting on two or more streets.
COUNTER A board or table in commercial establishments behind which the vendor stands and upon which goods are displayed or consumed or monetary transactions made.
CURB CUT The opening along the curbline at which point vehicles may enter or leave the roadway.
CURB LEVEL The elevation of the curb as established. The center-line elevation of the street at the midpoint of the lot.
DENSITY The permitted number of dwelling units per gross area of land to be developed.
DEPTH OF LOT The mean distance between front property line and rear property line.
DEVELOPMENT The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to the Municipal Land Use Law or this chapter.
DRAINAGE EASEMENT An easement required for the installation of storm sewers or drainage ditches and/or required for the preservation or maintenance of a natural stream, watercourse or other drainage facility.
DWELLING, SINGLE-FAMILY A detached residential structure designed to provide living facilities, including kitchen, for one family only. [Amended 12-20-2006 by Ord. No. 06-21]
DWELLING UNIT [Amended 12-20-2006 by Ord. No. 06-21]
A. APARTMENT UNIT - A dwelling unit which includes living space, sleeping space, storage space, a kitchen and at least one full bathroom.
B. HOTEL or MOTEL UNIT - A temporary dwelling unit for transient use having limited or no storage space and at least one, full bathroom.
C. ROOMING HOUSE UNIT - A dwelling unit that consists of only one room, having a common bath, living and cooking facilities shared by multiple units.
FENCE An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
FINAL APPROVAL The official action of the Planning Board taken on a preliminarily approved major subdivision or site plan, after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.
FLOATING HOME Any vessel used, designed or occupied as a permanent dwelling unit, business office or source of any occupation or for any private or social club of whatsoever nature, including but not limited to a structure constructed upon a barge primarily immobile and out of navigation or which functions substantially as a land structure while the same is moored or docked within the corporate limits of the Borough of Seaside Heights, whether such vessel is self-propelled or not, and whose volume coefficient is greater than 3,000 square feet. "Volume coefficient" is the ratio of the habitable space of a vessel measured in cubic feet and the draft of a vessel measured in feet of depth.
FLOATING HOME MARINA That area within the Borough of Seaside Heights covered by any waterway within the Borough where one or more sites or locations are rented or offered for rent, sold or offered for sale for the location of floating homes.
FRONT YARD An open space existing between the property line upon which a building fronts and the front setback line and running entirely across the lot to the two side property lines.
GARAGE, PRIVATE A building used, intended or suitable as an accessory to a dwelling unit which provides for the storage of one or more motor vehicles, but not exceeding three such motor vehicles, and in which no occupation, business or service for profit is carried on.
GARAGE, PUBLIC Any garage other than a private garage, available to the public, operated for gain and which is used for the equipping, adjusting, storage, rental, repair, greasing, washing, polishing or other cleaning and servicing of automobiles or other motor vehicles, including the supplying of gasoline or oil or other fuel for vehicular propulsion. This term shall include gasoline filling and motor vehicle service stations, but shall not be construed to include motor vehicle showrooms for new or used motor vehicles.
GASOLINE SERVICE STATION All areas of land and any structure thereon used for the retail sale of motor fuel, lubricants and incidental services, such as car washing and the sale, installation and repair of tires, batteries or other automobile accessories.
GROSS FLOOR AREA The sum of the gross horizontal areas of the floor or floors of any building which are enclosed and usable for residential purposes or for business or commercial activities which, in the case of the latter, includes customer facilities, showcase facilities, storage and sales facilities. Said areas shall be measured between the inside face of exterior walls or from the center line of walls separating two dwelling units. Said areas shall not include areas below the average level of the adjoining ground, garage space or accessory building space unless such areas are improved for residential purposes.
HOME OCCUPATION A professional or vocational activity carried on only by a full-time resident of the premises, conducted as an accessory use within the resident's dwelling or in a separate structure, which is accessory to the main building or structure, such as a garage that is located on the same site. The home occupation shall not create the need for off-street parking beyond normal residential needs, shall not generate additional motor vehicle traffic and shall not require any equipment other than that normally used in household, domestic or general office use.
HOME PROFESSIONAL OCCUPATION The office of a member of a recognized profession when conducted on residential property by the full-time resident thereof. Such occupations shall include doctors, lawyers, architects, engineers, planners, accountants, ministers, dentists and may include other recognized and licensed professional persons.
HOTEL OR MOTEL Any building containing any combination of hotel or motel units wherein use of more than 15% of such dwelling units for nontransient rentals at any given time shall constitute a nonconforming use in violation of § 246-3A of this chapter. [Added 12-20-2006 by Ord. No. 06-21]
HOUSEBOAT Any vessel not designed primarily for residential dwelling units, but designed primarily for pleasure craft, recreation and for independent navigation, whose volume coefficient is less than or equal to 3,000 square feet, and not considered a floating home in accordance with the definition of "floating home."
HOUSEHOLD PETS Those animals traditionally kept as pets, such as dogs or cats, and excluding such animals traditionally kept as livestock.
JUNKYARD Any area and/or structure used or intended to be used for the conducting and operation of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind.
LANDSCAPING The provision of lawns, trees, plants, stone and other natural and decorative features in order to improve the visual and climatic condition of the land.
LOT A designated parcel, tract or area of land established by plat or otherwise, as permitted by law and to be used, developed or built upon as a unit.
LOT AREA The total horizontal area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.
LOT, CORNER A parcel of land at the intersection of and fronting on two or more intersecting streets.
LOT COVERAGE The percentage of the lot area occupied by the ground area of principal and accessory buildings, structures, driveways and parking areas.
LOT DEPTH The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lines of the lot.
LOT LINE Any boundary line of a lot.
LOT WIDTH The horizontal distance between the side lot lines measured at right angles to its depth and at a point which constitutes the rear line of the required front yard space.
MAJOR SUBDIVISION Any subdivision not classified as a minor subdivision.
MARINA A dock or base, operated for profit or to which public patronage is invited, providing moorings or marine services primarily for power yachts, launches or other watercraft other than floating homes, and which is also capable of removing any and all crafts moored within the marina, out of water for repair or as a result of emergent conditions.
NONCONFORMING LOT A lot the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance and schedules, but which, by reason of such adoption, revision or amendment, fails to conform to the present requirements of the zone in which the lot is located.
NONCONFORMING STRUCTURE OR BUILDING A structure or building the size, dimension or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance and schedules, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zone in which the building or structure is located.
NONCONFORMING USE A use or activity which was lawful prior to the adoption, revision or amendment of the zoning ordinance and schedules, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zone in which it is located by reason of such adoption, revision or amendment.
OPEN PORCH A roofed piazza or porch which projects beyond a main wall of a building or structure.
PARKING LOT A paved open area other than a street or other public way, used for the parking of motor vehicles and available to the public, whether for a fee, free or as an accommodation of clients or customers.
PLANNING BOARD The designated land use board of the Borough of Seaside Heights known as the "Seaside Heights Planning Board."
PRELIMINARY APPROVAL The conferral of certain rights specified herein prior to final approval after elements of the preliminary plan have been reviewed and approved.
PUBLIC GARAGE Any garage available to the public and conducted or operated for gain.
REAR YARD An open space situated between the rear property line and the rear setback line and running entirely across the lot to the two side property lines.
RESIDENTIAL DENSITY, GROSS The total number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
RESIDENTIAL DENSITY, NET The resulting number of dwelling units which may be or are developed on a site or lot after public access and required open space are provided.
RESTAURANT Any establishment the principal use and purpose of which is to sell food for consumption by patrons seated at a table, booth or counter on the premises.
RIGHT-OF-WAY A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or which is occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary storm sewer and other similar uses and which grants the right of one to pass over the property of another.
ROOMING HOUSE Any combination of rooming house units in a building in which all units may be used for nontransient rentals at any given time. [Added 12-20-2006 by Ord. No. 06-21]
SCREENING A method of visually shielding or obscuring one structure or use from another structure or use by using walls, berms or densely planted vegetation which acts as a visual barrier and a muffler of noise.
SETBACK LINE The line beyond which a building or structure shall not extend unless otherwise provided for in this chapter.
SIGN Any sign, billboard, ground sign, wall sign, roof sign, sign painted on the exterior of a building or structure, illuminated sign, projecting sign, temporary sign, flag, pennant or badge, which includes a visual communication of any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any person, firm or corporation when the same is placed out of doors in view of the general public. This shall not include official court or public notices, the flag or an emblem or insignia of a government, a school or a religious group when displayed for official purposes, or any public traffic or directional signs.
SIGN AREA OR AREA OF SIGN The area included within the edges of the sign or within the outer edges of any frame attached thereto, whichever is greater. Where the sign has no clearly defined frame or edge, the "sign area" or "area of a sign" shall be defined by and in terms of four sides (straight sides) which most closely outline such sign or frame.
SIGN, DIRECTIONAL Any sign which indicates on-site traffic flow or access which carries no advertising message.
STORY That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between any floor and the ceiling next above it. A split-level story shall be considered a story if its floor level is six feet or more above the level of the line of the finished floor next below it, except a cellar. A half story is defined as the uppermost story of a building in which a sloping roof replaces the upper part of the wall.
STREET Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, or which is shown upon a plat heretofore approved pursuant to law, or which is approved by official action as provided by this act, or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
STRUCTURE A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land, including among other things buildings, stadia, reviewing stands, platforms, stagings, observation towers, radio towers, tanks, trestles, open sheds, shelters, fences over six feet in height and display signs. [Amended 6-7-2000 by Ord. No. 2000-11]
TRANSIENT RENTAL A rental for 90 days or less to a tenant having a permanent residence elsewhere. [Added 12-20-2006 by Ord. No. 06-21]
USE Any purpose or activity for which land, a building or other structure is designed, arranged or intended or for which it is or may be occupied or maintained.
ZONING OFFICER The officially established Zoning Officer of the Borough of Seaside Heights.
