A. Within the Resort Recreational 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 or manufacturing purpose or for any other than the following specified purposes:
(1) Any uses specified in § 246-36 as permitted and as regulated in the Residential Zone, and also any uses specified as permitted and as regulated in the Retail Business Zone.
(2) Carousels, roller coasters, merry-go-rounds, Ferris wheels or other mechanical rides, miniature golf courses, exhibits and any other amusement games, devices or rides.
(3) Games of chance and other forms commonly played by individuals for enjoyment.
(4) Mechanical rides, provided that the same are approved by the New Jersey Department of Labor and Industry.
(5) Nonmechanical rides and other forms of entertainment, such as but not limited to water slides, skateboards tracks and miniature golf course.
(6) Parking lots.
(7) 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, and nightclubs with dancing and entertainment, but only as an incidental part of the restaurant operation.
(8) Retail stores which are primarily oriented to boardwalk activities.
(9) Parks and playgrounds.
(10) Rooming houses. [Added 12-20-2006 by Ord. No. 06-21]
B. Description of Zone. The following described lands of the Borough of Seaside Heights are to be included within the Resort Recreational Zone:
(8) Lot Nos. 1 through 58 in Block No. 33.01, 33.02, and 33.03.
(9) All lots in Block Nos. 55, 56, 57, 58, 59, 60, 61 and 69.
Within the Resort Recreational Zone A, all of those uses and requirements set forth under the Resort Recreational Zone shall be included and allowed, together with adult bookstores and establishments of adult entertainment as defined in Chapter 8 of the Borough Code.
A. Adult bookstores and establishments of adult entertainment as defined in Chapter 8 of the Borough Code.
(1) The Mayor and Council recognize the rights inherent in the U.S. Constitution which guarantee freedom of expression, as well as the position of the Courts in protecting that freedom by invalidating any attempt by local ordinance to restrict particular uses based upon their content. However, the Mayor and Council also recognize their duty to protect the health, safety and welfare of the citizens of Seaside Heights from the adverse impact that these certain uses have on property values of adjoining and proximate residential and commercial properties. Of particular concern is the potential concentration of adult bookstores and establishments that provide adult entertainment, which are distinguished from conventional bookstores and entertainment establishments by the fact that they are required to exclude access to minors by virtue of age under the pornography statutes of the State of New Jersey.
(2) In order to control the location and prevent the concentration of adult uses and thereby protect the public welfare and support the rebuilding of the municipality, adult bookstores and establishments of adult entertainment as defined in Chapter 8 of the Borough Code will be permitted in Resort Recreational A Zones within the Borough where conventional bookstores and entertainment establishments are also permitted uses, except that a conditional use permit shall first be obtained from the Planning Board for such adult bookstore or establishment of adult entertainment. The Planning Board may issue a conditional use permit only after an applicant has demonstrated compliance with the following standards and conditions:
(a) The applicant shall include a complete statement setting forth all of the particulars of the structure and the proposed use thereof.
(b) The Mayor and Council are determined that a minimum 100 feet distance will be required between the proposed adult bookstore or establishment of adult entertainment and any existing or future adult bookstore or establishment of adult entertainment to achieve adequate dispersion of adult uses. For purposes of measurement, the required distance of separation shall be measured between the nearest property lines and along public streets so that the Borough's Tax Maps may be used.
(3) Advertisements, displays or other promotional materials shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways or from other areas public or semipublic. All building openings and trees, windows, etc. for adult uses shall be located, covered or screened in such a manner as to prevent a view into the interior from any public or semipublic area.
(4) One identification sign bearing the name of the adult bookstore or establishment of adult entertainment and hours of business and customer age restrictions is permitted in accordance with Chapter 191 of the Borough Code.
B. Tattooing, branding and body piercing establishments. [Added 6-16-1999 by Ord. No. 99-16]
C. Retail or wholesale establishments selling or trading firearms. [Added 6-16-1999 by Ord. No. 99-16]
D. Description of Zone. The following described lands of the Borough of Seaside Heights are to be included within the Resort Recreational A Zone:
(1) Block 33.01, Lots 15 through 68 as shown on the Borough's Tax Map.
(2) Block 33.02, Lots 1 through 10 as shown on the Borough's Tax Map.
(3) Block 33.03, Lot 1.01 as shown on the Borough's Tax Map.
A. There is hereby created a zone whose avowed purpose shall be to provide areas where wells, pumping stations, sewage treatment plants, public parking areas, landscaped vistas and other generalized public purposes can be accommodated without disruption of the daily activities of residence and businesses alike. This zone shall be subject to the limitation that it provide some form of benefit, whether it is tangible or intangible, to the public.
B. Description of Zone. The following described lands of the Borough of Seaside Heights are to be included within the Public Zone:
(1) All beaches lying east of the boardwalk.
(2) All lands lying west of Bay Boulevard except Block Nos. 78, 79 and 80.
(4) All of Block Nos. 63, 64 and 65.
(7) All of Block No. 68.
Lands boarding the Borough and lying underwater in Barnegat Bay or the Atlantic Ocean, commonly known as "riparian lands," if in the future such lands are put to use, shall be in the district or zone of the Borough land bordering said riparian land. Any use of the said riparian lands shall be governed by the ordinances of the Borough controlling the Borough property bordering in that land.
A. Setback requirements. [Amended 4-15-1998 by Ord. No. 98-10; 6-7-2000 by Ord. No. 2000-11]
(1) Every building or structure hereinafter erected in the Borough of Seaside Heights shall conform to the following requirements with respect to setbacks for front, side and back yards:
(a) The front setback line is hereby fixed, and no building or structure shall be constructed any closer than 10 feet from the front property line.
(b) The rear setback line is hereby fixed, and no building or structure shall be constructed any closer than three feet from the rear property line.
(c) The side setback lines are hereby fixed, and no building or structure shall be constructed any closer than three feet from the side property lines.
(d) In the event that any building or structure is to be erected on a parcel of property contiguous to two thoroughfares or streets, then and in that event the provisions hereinabove set forth regarding front setbacks shall be applicable to both thoroughfares and streets; that is to say, no building or structure shall be constructed any closer than 10 feet from the property line on either thoroughfare or street.
(2) Exceptions to setback requirements. [Amended 9-1-2004 by Ord. No. 04-14]
(a) The setback requirements of Subsection A(1) above shall not be applicable to the property which is immediately contiguous to and adjoining the main thoroughfare of the boardwalk of the Borough of Seaside Heights, located between the north line of the Borough and the center line of Porter Avenue. Any building or structure fronting the main boardwalk thoroughfare may be constructed on the front and side property lines, except where those property lines face on a street, street end or public accessway.
(b) Every part of a required setback space shall be unobstructed from its lowest level to the sky except for the ordinary projection of sills, belt courses, chimneys, flues, buttresses, ornamental features and eaves. However, none of the aforementioned exceptions shall extend into any setback space more than 18 inches, nor shall any projection extend past the property line.
B. Fences. [Amended 12-20-2000 by Ord. No. 2000-24]
(1) All fences on the front property line or on the side lot lines from the front property line to the front building setback line shall be no more than four feet high. All fences along the rear property line and along the side property lines from the rear property line to the front building setback line shall be no more than six feet high.
(2) All fences shall be constructed in a workmanlike manner, adequately support all components, run in a straight line, be plumb and be constructed so support components are located on the constructing property owners' property.
(3) Fences may not be constructed in a public right-of-way.
(4) Barbed wire, canvas, cloth, electrically charged, expandable and collapsible fences are prohibited.
C. As to the front setback only, all stairways, open porches, overhangs, cantilevers and counters. All stairways, open porches, overhangs and cantilevers on any building shall not extend more than four feet beyond the building line. This requirement as it pertains to overhangs and cantilevers shall be in effect for all areas of this municipality, with the exception of properties which adjoin and face the boardwalk and street ends adjoining the boardwalk. In the boardwalk and street end areas, overhangs shall not extend seven feet beyond the building line. Balconies, decks and porches are not permitted on the boardwalk. Finished counters shall not extend beyond 12 inches from the building line and shall not physically touch the boardwalk. [Amended 4-15-1998 by Ord. No. 98-10; 7-7-1999 by Ord. No. 99-18]
D. Vaults. Vaults may be built east of Ocean Terrace throughout the Borough on the street ends or sides adjoining street ends. These vaults may extend under the setback areas and shall in no event exceed 10 feet from the main building or encroach over the property line, whichever is the lesser. No vault or part thereof shall be constructed within 35 feet of the right-of-way line of Ocean Terrace. Strict supervision of construction over vaults by the Construction Official shall be required throughout construction.
E. Building or structure height. [Amended 6-7-2000 by Ord. No. 2000-11]
(1) No dwelling, building or structure of whatever composition, construction, type or style, regardless of its intended use or purpose, shall be erected to a height exceeding 40 feet, which height shall be measured from the highest elevation of the finished curb of the property to the top of the roof beam.
(2) Towers, turrets, minarets or similar structures annexed to buildings or dwellings shall be permitted for purposes of decoration only and shall be limited to 10 feet in height above the roofline.
(3) The height provisions of this chapter shall not be applicable to churches, or to elevator shafts, rooftop air-conditioning units, chimneys or other such auxiliary structures functional in nature.
(4) Building height in the Single-Family Zone and Low-Density Residential Zone. No dwelling, building or structure of whatever composition, construction type or style, regardless of its intended use or purpose, shall be erected to a height exceeding 25 feet. The height in these two zones shall be measured from the flood level instead of from the curb. [Amended 8-4-2004 by Ord. No. 04-10]
(5) There is no height limitation on rides that are erected in Blocks 33.01, 33.02, 33.03 and 69 of the Resort Recreation Zone.
F. Floating homes and floating home marinas are hereby prohibited in all zones within the Borough of Seaside Heights. No marina shall permit the in-water or out-of-water storage of any floating home. No person, firm or corporation shall operate or cause to be operated a floating home marina or rent, hold out for rent or sell any site or space for the location of a floating home. No marina shall use or permit to be used more than 5% of the total number of approved boat slips or moorage sites for houseboats.
Any structure left unoccupied, neglected and not properly cared for, for a period of 12 consecutive months, shall be considered abandoned. Any abandoned structure shall not be occupied until it is made to comply with all zoning laws of the Borough, including but not limited to parking, front and rear yard setbacks, bulk density, use and building height.
Any variance from the terms of this chapter hereafter granted by the Planning Board permitting the erection or alteration of any structure or structures, or permitting a specified use of any premises, shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such permitted use has actually been commenced, within one year from the date of publication of the notice of the judgment or determination of the Planning Board; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Planning Board to the governing body, or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.
A. The Planning Board shall have such powers as are granted by law to:
(1) Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administration official or agency based on or made in the enforcement of the Zoning Ordinance.
(2) Hear and decide requests for an interpretation of the Zoning Map or Zoning Ordinance or for decisions upon the special questions upon which such Board is authorized by the Zoning Ordinance to pass.
(3) Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation in this Zoning Ordinance would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, grant upon an application or an appeal relating to such property a variance from such strict application so as to relieve such difficulties or hardship; provided, however, that no variance shall be granted upon this subsection to allow a structure or use in a district restricted against such structure or use. Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation in this Zoning Ordinance would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, grant upon an application or an appeal relating to such property a variance from such strict application so as to relieve such difficulties or hardship; provided, however, that no variance shall be granted upon this subsection to allow a structure or use in a district restricted against such structure or use.
(4) Grant a variance to allow a structure or use in a district restricted against such structure or use in particular cases and for special reasons, but only by the affirmative vote of at least 2/3 of the full authorized membership of the Board.
B. No variance or other relief may be granted under the provisions of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Zoning Ordinance. Any application under any subsection of this section may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Planning Board shall act. No variance or other relief may be granted under the provisions of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Zoning Ordinance. Any application under any subsection of this section may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Planning Board shall act.
C. It shall be unnecessary for the owners of any preexisting single- or two-family dwelling to obtain a variance from side or rear setback requirements of the Seaside Heights Zoning Ordinance if, and only if:
(1) Said single- or two-family dwelling complied with the setback requirements in effect at the time that the dwelling or dwellings were constructed.
(2) Any proposed addition to the single- or two-family dwelling or dwellings shall comply with the present front, side or rear setback requirements in effect at the time of said application.
(3) Any vertical expansion shall comply with the present setback requirements.
(4) This section shall not act as a waiver to any other requirements of the Seaside Heights Zoning Ordinance or ordinances.
The Planning Board shall, in addition to the powers specified herein, have power given by law to direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map.
A. The Planning Board shall render its decision not later than 120 days after:
(1) The date an appeal is taken from the decision of an administrative officer; or
(2) The date of the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-70b.
B. Failure of the Board to render a decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
