ARTICLE V Zoning

(§ 246-35 - § 246-49)

§ 246-35 Zoning Map.

The boundaries of each of the created zones are hereby established as shown on a map prepared for the Borough of Seaside Heights by Birdsall Engineering, and entitled the "Zoning Map in Conformance with the Comprehensive Master Plan of the Borough of Seaside Heights," and which is attached hereto and made a part of this Zoning Ordinance.

§ 246-36 Residential Zone.

A. Permitted uses. Within the Residential Zone, no building or structure shall be used and no building or structure shall be erected which is intended or designed to be used, in whole or in part, for any industrial, manufacturing, trade or commercial purpose or for any other than the following specified purposes: [Amended 6-7-2000 by Ord. No. 2000-11; 12-20-2006 by Ord. No. 06-21]

(1) Single, two-family and multifamily residential dwelling units and accessory buildings and uses normally auxiliary thereto, but not including hotels, motels or rooming house units.

(2) Offices and buildings of professional persons, such as, but not limited to, physicians, dentists, engineers, lawyers, accountants and architects.

(3) Public parks and playgrounds.

(4) Churches, public and parochial schools and public buildings.

(5) Parking lots.

B. Conditional uses by permit.

(1) In addition to the above-described permitted uses, there shall be permitted in this zone uses of the following nature or necessary accessories to the above-described permitted uses upon obtaining a conditional use permit, subject to such standards and regulations which might reasonably be adopted in order to protect the life, safety and welfare of the public and adjoining residences:

(a) Marine commercial service uses.

[1] Marine commercial service uses consisting of the following:

[a] Dockage.

[b] Boat hauling.

[c] Automobile parking areas.

[d] Marine gasoline stations on docks or bulkheads.

[e] Offices for marine surveyors, brokers and insurers.

[f] Outside storage of boats, but no other outside storage of any kind shall be permitted.

[g] Uses similar in character to the above upon a finding to that effect by the Planning Board.

[2] Special regulations for conditional marine service uses. Within the Residential Zone, no marine commercial service use, structure, storage facility, inventory, equipment, automobile parking area or like principal or accessory marine commercial use shall be permitted beyond a distance greater than 500 feet from the nearest frontage along Barnegat Bay.

(2) The minimum allowable size of property upon which development may occur within the Residential Zone, in order to protect life and limb, is:

(a) For single-family dwellings:

[1] Lot area: 2,000 square feet.

[2] Lot frontage: 20 feet.

(b) For apartments and efficiency motel units, or any other unit with kitchen facilities:

[1] Lot area per unit: 1,200 square feet.

[2] Lot frontage: 20 feet.

C. Description of Zone. The following described lands of the Borough of Seaside Heights are to be included in the Residential Zone:

(1) All those lands lying west of Ocean Terrace and 100 feet east of the Boulevard running from the center line of Hiering Avenue to the center line of Sherman Avenue.

(2) All of the lands lying from 100 feet west of Ocean Terrace to 100 feet east of the Boulevard and extending from the center line of Grant Avenue southerly to 100 feet from the southerly right-of-way line of Blaine Avenue.

(3) All those lands lying 100 feet west of Ocean Terrace to a point 100 feet east of the Boulevard and running from the southerly Borough line in a northerly direction to a line 100 feet north of Webster Avenue.

(4) All lands lying between a point 100 feet east of the right-of-way of Central Avenue and 100 feet west of the right-of-way of the Boulevard from the northerly Borough line southerly to Grant Avenue.

(5) All lands lying 100 feet east of Central Avenue and 100 feet west of the Boulevard from the southerly Borough line northerly to a point 100 feet north of Franklin Avenue.

(6) All odd-numbered lots in Lot Nos. 7 through 35 in Block No. 21.

(7) All odd-numbered lots in Lot Nos. 1 through 31 and 32, 33 and 34 in Block No. 29.

(8) All of the lots in Block Nos. 30, 31, 70, 71 and 72. [Amended 6-17-1998 by Ord. No. 98-21]

(9) Lot Nos. 1 through 5 in Block No. 62.

(10) Lot Nos. 5 through 10 in Block No. 66.

(11) Lot Nos. 1 through 10 in Block No. 67.

§ 246-37 Single-Family Zone.

A. Permitted uses. Within the Single-Family Zone, no building or structure shall be used and no building or structure shall be erected which is intended or designed to be used, in whole or in part, for any industrial, manufacturing, trade or commercial purpose or for any other than the following specified purposes:

(1) Single-family dwelling units and accessory building and uses normally auxiliary thereto.

(2) Public parks and playgrounds.

B. Conditional uses by permit. In addition to the above described permitted use, there shall be permitted in this zone uses of the following nature or necessary accessories to the above described permitted uses upon obtaining a conditional use permit, subject to such standards and regulations which might reasonably be adopted in order to protect the life, safety and welfare of the public and adjoining residences:

(1) Marine commercial uses. Marine commercial services uses consisting of the following:

(a) Dockage.

(b) Boat hauling.

(c) Marine gasoline stations on docks or bulkheads.

(d) Outside storage of boats, but no other outside storage of any kind shall be permitted.

C. The minimum allowable size of property upon which development may occur within the Single-Family Residential Zone in order to protect life and limb is:

(1) Lot area: 4,000 square feet.

(2) Lot frontage: 40 feet.

D. Description of Zone. The following described lands of the Borough of Seaside Heights are to be included in the Single-Family Residential Zone:

(1) All those lands lying west of the Route 35 right-of-way south of the border with Dover Township, east of the Barnegat Bay and north of the Public Zone.

§ 246-38 Low-Density Residential Zone.

A. Permitted uses. Within the Low-Density Residential Zone, no building or structure shall be used and no building or structure shall be erected which is intended or designed to be used, in whole or in part, for any industrial, manufacturing, trade or commercial purpose or for any other than the following specified purposes: [Amended 6-7-2000 by Ord. No. 2000-11; 8-7-2002 by Ord. No. 2002-18]

(1) Single- or two-family residential dwelling units and accessory buildings and uses normally auxiliary thereto.

(2) Offices and buildings of professional persons, such as but not limited to physicians, dentists, engineers, lawyers, accountants and architects.

(3) Public parks and playgrounds.

(4) Churches, public and parochial schools and governmental facilities.

B. Conditional uses by permit. Within the Low-Density Residential Zone, the conditional uses shall be those hereinabove enumerated under the Single-Family Zone.

C. The minimum lot size for each dwelling unit or other unit allowed within the Low-Density Residential Zone shall be 1,800 square feet.

D. Description of Zone. The boundaries for the Low-Density Residential Zone shall be from Dover Township on the north to Porter Avenue on the south and from 100 feet west of Central Avenue on the east to the westerly boundary of the Borough of the west (excluding the area hereinabove enumerated as the Single-Family Zone and excluding the Public Zones as shown on the Zoning Map of the Borough. Also excluded are all areas in the Retail Business zone.)

§ 246-39 Retail Business Zone.



A. Within the Retail Business Zone, no building or structure shall be used and no building shall be erected which is intended or designed to be used, in whole or in part, for any industrial or manufacturing purposes or for any other than the following specified purposes:

(1) Any uses specified in § 246-36 as permitted in the Residential Zone.

(2) Retail establishments where goods are sold or personal services are rendered to the general public and which, by reason of the size of the establishment, the nature of the goods sold or services rendered and the scale, nature and character of the activity and facility, clearly relate to serving the convenience of the local community. Examples are banks, bakeshops, bookstores, pharmacies, gift shops, clothing and accessories shops, yard goods shops, delicatessens, barber- or beauty shops, lawyers' offices, income tax service offices, automobile service stations, snack shops and other such uses.

(3) Offices of public utilities and dial or switching equipment buildings.

(4) Municipal buildings and other governmental and/or public uses, but not including warehouses, workshops, garages or other such uses or activities.

(5) Offices and buildings of professional persons, such as but not limited to physicians, dentists, engineers, lawyers, accountants and architects.

(6) Contractors' and builders, offices.

(7) Clubs, lodges, association buildings, meeting rooms and halls.

(8) Restaurants and taverns and bars which have restaurant facilities on-premises and whose primary purpose is to regularly and principally provide restaurant meals to the public as an integral part of their operation.

(9) Bus terminals.

(10) Miniature golf concessions.

(11) Marine sales offices.

(12) Hobby shops, inclusive of tracks and other related amenities.

(13) Hotels and motels. [Added 12-20-2006 by Ord. No. 06-21]

B. No heavy manufacturing of any nature shall be permitted in said zone, and no outdoor storage of goods or materials shall be permitted. In no event shall storage of objectionable materials be permitted, including bottled fuel or the operation of any activity from which would emanate objectionable noise, smell, smoke, dust, glare or effluent which may adversely affect or impair the normal use of any property located in any zone.

C. Any use not enumerated is not permitted.

D. Lot standards; landscaping.

(1) The minimum lots standards for retail business areas shall be:

(a) Lot area: 4,000 square feet.

(b) Lot frontage: 40 feet.

(2) Landscaping shall be provided where possible along street and lot lines. Where a commercial use abuts a Residential Zone, a solid landscaped screen of trees or hedge-type material not less than four feet high shall be planted and maintained.

E. Description of Zone. The following described lands of the Borough of Seaside Heights are to be included within the Retail Business Zone:

(1) Beginning at the center line of Grant Avenue, at Ocean Terrace, southerly to Porter Avenue, including all lands between Ocean Terrace and a line 100 feet west of the right-of-way of Ocean Terrace.

(2) All Block Nos. 13, 14.01, 14.02, 15, 16 and 77.

(3) Lot Nos. 11, 13, 15, 17, 19, 21, 23 and 25 in Block No. 12.

(4) All even-numbered lots in Block No. 21.

(5) All odd-numbered lots in Block No. 20.

(6) Lot Nos. 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, 30, 33, 34, 35, 36 and 37 in Block No. 29.

(7) Lot Nos. 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29 and 31 through 34 in Block No. 28.

(8) All lots 100 feet either side of the right-of-way line of Sumner Avenue between Ocean Terrace and the Boulevard in Block Nos. 6.01 and 7.01.

(9) Lot Nos. 59 through 68 in Block No. 33.01.

(10) All lots situated within 100 feet of the right-of-way of the Boulevard and Central Avenue from Porter Avenue northerly to the Dover Township line.