Borough of Lavallette, NJ Article III General Regulations

§ 90-6 Intent.

This chapter is intended to be permissive as to uses and purposes permitted within the hereinafter-designated zones, and any use or purpose not expressly designated for a particular zone or zones within the article setting out the same is hereby expressly prohibited unless a variance for same is granted pursuant to N.J.S.A. 40:55D-70, Chapter 291 of the Laws of New Jersey 1975.

§ 90-7 General requirements.

Except as hereinafter provided, the following general regulations shall apply:

A. No structure shall be erected, moved, structurally altered, rebuilt, added to or enlarged, nor shall any land be designed or used, for any purpose other than as permitted in each zone by this chapter. No open space or yard surrounding any building shall be encroached upon or reduced in any manner except in conformity with the yard, lot area, building location, percentage of lot coverage and other requirements hereinafter designated for the zone in which the building or open space is located.

B. No open space provided around any structure or use for the purpose of complying with the provisions of this chapter shall be considered as providing open space for any other structure or use.

C. [1]In the Business District, every principal building shall face Grand Central Avenue, except for single-family dwellings or two-family dwellings, which may face any public street. Every principal building, regardless of its use, shall be built upon a lot with frontage on a public street as required in this zone. The front entrance doors of a two-family dwelling constructed in the Business District shall be equidistant from the front property line.

[Amended 12-16-1987 by Ord. No. 631][2]

[1] Editor's Note: Former Subsection C, Number of buildings; building entrances, as amended 2-4-1983 by Ord. No. 536, was repealed 12-16-1987 by Ord. No. 631.

[2] Editor's Note: Former Subsection E, Driveways and walks, and Subsection F, Obstruction of vision on corner lots, which immediately followed this subsection, were repealed 12-16-1987 by Ord. No. 631 and 7-2-1982 by Ord. No. 527, respectively.

D. No building or part thereof shall encroach upon any required yard area in any zone established by this chapter.

[Amended 12-16-1987 by Ord. No. 631][3]

[3] Editor's Note: Former Subsection H, Fences, which immediately followed this subsection, was repealed 7-2-1982 by Ord. No. 527. For current provisions on fences, see Ch. 25, Fences.

§ 90-8 Accessory buildings and uses.

An accessory building or use in any zone shall be subject to the following requirements:

A. No accessory building or use shall be located in any required front or side yard space, except as otherwise provided in this chapter. For any residential property bordering on the Barnegat Bay, no accessory building, structure or use shall be located in the rear setback of at least 20 feet from the property line or bulkhead line, whichever is closer to the street which runs parallel to the water, exclusive of any riparian grants. This shall exclude in-ground pools and required fencing in compliance with Chapter 26 of the Borough Code.

[Amended 7-5-2022 by Ord. No. 2022-04 (1222)]

B. No accessory building shall be erected nor an accessory use be permitted prior to the construction of the main building or the establishment of the principal use upon the lot.

C. In the Business District, no accessory building shall be used for a business conducted for profit, which use is different from the main use. In all other zones, an accessory building shall not contain or be used for the conduct of a business. Accessory buildings in zones other than the Business District shall be limited to a garage or an attached utility room or toolshed for the storage or containment of tools, implements, screens, storm sash or other articles generally considered accessory parts of the main building or its use, unless otherwise specifically provided for hereinafter in the respective enumerated zones.

D. No accessory building shall be used in whole or in part as living or sleeping or housekeeping quarters.

E. Detached storage sheds or other structures used primarily for the purpose of storage shall be permitted in all zones except the Business District, provided that the shed or structure conforms to the following conditions:

[Amended 4-6-1979 by Ord. No. 441; 8-22-2011 by Ord. No. 2011-05 (1095)]

(1) The maximum dimensions shall be 100 square feet.

(2) The maximum height to the top of the plate shall be nine feet.

(3) All sheds shall be anchored to the ground based upon the manufacture's recommended standard.

(4) No flat roofs shall be permitted. The roof shall have a minimum slope of two inches per foot.

(5) The shed or structure shall conform to the minimum rear and side line requirements applicable to accessory uses within the zone and may not be located in the front yard.

(6) The shed or structure shall be a minimum of eight feet from any dwelling on the premises on which it is located.

(7) No more than one shed or structure shall be constructed on each 3,400 square feet of property.

(8) The shed or structure shall at all times be kept in good repair.

F. Attached storage sheds or storage areas which form an integral part of the principal permitted use on any premises shall be permitted, provided that such sheds or storage areas are constructed in compliance with all regulations pertaining to construction of the principal permitted use.

G. In-ground swimming pools and in-ground hot tubs shall be permitted as accessory structures for residential uses in all zones, and shall be subject to the setback requirements for accessory buildings in each zone. However, all swimming pools and hot tubs listed above shall not be permitted when the principal use is a nonconforming one. For the purposes of this subsection, a nonconforming use shall include a use which exceeds the density permitted for that particular zone.

[Added 12-29-1998 by Ord. No. 833]

§ 90-9 Nonconforming structures and uses.

A. Existing nonconforming structures and uses.

(1) Any nonconforming use or structure existing at the time of the passage of this chapter may be continued upon the lot or in the structure so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof. The existing use may be continued as aforesaid, provided further, however, that:

(a) No nonconforming lot shall be further reduced in size.

(b) No nonconforming building shall be altered, modified, enlarged, extended or increased in such a manner as to increase the nonconformity.

(c) No nonconforming use may be altered, modified, enlarged, extended or increased.

(d) No structural alterations or substantial changes shall be made in any building containing a nonconforming use.

(e) No structural alterations shall be made in any building containing a nonconforming use to change such a building or structure to another or an additional nonconforming use.

(f) No building on a nonconforming lot shall be altered, modified, enlarged, extended or increased.

[Added 6-5-1987 by Ord. No. 626]

(2) In the event that any nonconforming use or structure is more than partially (50% of the market value of the improvement or structure) destroyed, it may not be rebuilt, restored or repaired except in accordance with the requirements of this chapter.

[Amended 12-20-2010 by Ord. No. 2010-17 (1089)]

B. Reversion and change of use.

(1) No nonconforming use of a lot or building or structure if once changed into a conforming use shall be changed back into a nonconforming use.

(2) A conforming use shall not be changed to, substituted by or replaced by another nonconforming use.

C. Discontinuance and abandonment. Any lot or building used in a lawful character or manner or for a lawful purpose which constitutes a nonconforming use, which use shall have been discontinued for a period exceeding one year, shall be presumed to have been abandoned.

D. Unsafe buildings. Nothing in this article shall be construed to prevent the strengthening or restoration to a safe and lawful condition of any part of a building declared to be unsafe or unlawful by the Construction Official, Chief of the Fire Department or other duly authorized Borough official. Such repairs and maintenance work as are required to keep it in sound condition may be made to a nonconforming building or structure, provided that no structural alterations shall be made except such as are required by law. All structural and major alterations shall be in accordance with the requirements of the Building Code of the Borough[1] and the area, bulk and other requirements of this Zoning Ordinance, or any amendment or supplement thereto.

[1] Editor's Note: See Ch. 20, Construction Codes, Uniform.

E. Change of location. No nonconforming use of any portion of a lot or building may be moved to any other part of the lot or building upon or within which the same was conducted at the time of the adoption of this chapter.

F. Zone changes. Whenever the boundaries of a zone shall be changed so as to transfer an area from one zone to another zone of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.

§ 90-10 Reduction of lots; alteration of buildings.

[Amended 4-6-1979 by Ord. No. 441]

No lot in any zone now or hereafter created hereunder shall be so reduced or diminished as to cause same to fail to meet the requirements of this chapter. No building shall be altered, enlarged or rebuilt except in conformity with the regulations herein provided.

§ 90-11 Building permits.

All applications for building permits must be accompanied by a certified plot plan showing existing buildings or structures, proposed new buildings and new additions, complete with measurements of same and all property setbacks, side lines and distances between buildings.

§ 90-12 Certificates of occupancy. [1]

A. It shall be unlawful to use or permit the use of any building or premises or part thereof hereafter created, located, erected, changed, converted or enlarged wholly or partly in its use or structure until a certificate of occupancy to the effect that the building or premises or the part thereof so created, located, erected, changed, converted or enlarged and the proposed use thereof conform to the provisions of this chapter shall have been issued by the Construction Official.

B. It shall be the duty of the Construction Official to issue a certificate of occupancy within 10 days after a request for the same shall be filed in his/her office by any owner of a building or premises or the part thereof so created, erected, changed, converted or enlarged, provided that the proposed use thereof conforms with all the requirements herein set forth.

C. Pursuant to rules and regulations of the Borough Council, a temporary certificate of occupancy for a part of the building may be issued by the Construction Official, which temporary certificate shall be valid for a period of one year. Upon written request from the owner, the Construction Official shall issue a certificate of occupancy for any building or premises existing at the time of the passage of this chapter, certifying, after inspection, the use of the building or premises and whether such use conforms to the provisions of this chapter.

[1] Editor's Note: See also Ch. 17, Certificates of Occupancy.

§ 90-13 Prohibited signs, flags and banners.

The following signs are prohibited in all zones in the Borough of Lavallette.

A. No sign or flag shall be erected, used or maintained which in any way simulates official, directional or warning signs or flags erected or maintained by the State of New Jersey, by any county or municipality thereof or by an public utility or similar agency concerned with the protection of the public health or safety.

B. No neon sign or similar illuminated advertisement shall be of such color or located in such fashion as to diminish or detract in any way from the effectiveness of any traffic signal or similar safety or warning device.

C. Signs using red, yellow and green lights placed within 100 feet of any traffic control signal now or hereafter erected.

D. Moving or revolving signs, and signs using blinking, flashing, vibrating, flickering, tracer or sequential lighting.

E. Any sign or flag which, under the provisions of the Uniform Construction Code, constitutes a traffic hazard.

F. Signs, flags or other advertising matter of an obscene nature.

G. Signs or flags using words such as “stop”, “look”, “danger”, or similar directional or warning words placed in a manner or position which constitutes a traffic hazard.

H. Except as specifically permitted elsewhere in this Code, signs or flags advertising a product or service not sold on the premises, signs or flags advertising or directing attention to another premises.

I. Signs or flags causing interference with radio or television reception.

J. Flags, banners, strings or pinwheels, A-type signs, sandwich-type signs, sidewalk signs, curb signs, and similar advertising devices are prohibited within the Business District of the Borough with the following exceptions:

(1) Display of flags.

(a) It shall be lawful to display a maximum of two flags in any combination per business (or residence in the Business District).

(b) Each flag shall be no larger than three feet by five feet and shall be either:

[1] Fixed to the building; or

[2] Displayed on a freestanding flagpole of between 12 feet and 40 feet in height.

(c) Notwithstanding the provisions of subsection J(1)(a) above, where all flags displayed by a business or residence within the Business District are arrayed upon a flagpole of between 20 feet and 40 feet in height which is constructed as to include a yardarm, a maximum of three flags may be so displayed.

(d) Flags shall not interfere with the entrances or exits of buildings or with pedestrian traffic. No flagpole may be located within the pedestrian or vehicular right-of-way.

(e) Flags shall be kept in good condition at all times.

(2) Display of banners.

(a) Banners for the purposes of advertising for a grand opening or “under new management” are permitted. The banner(s) shall be fixed across the building for a period not to exceed one month.

(b) Banner(s) advertising a special event or holiday are permitted. The banner shall be fixed across the building for a period not to exceed three weeks.

(c) Prior to display of any banner, a form stating the dates of display and message to be placed on banner must be filed with the Borough Clerk.

K. Any sign or banner spanning a public street.

L. Signs or flags placed on awnings, trees, fences, utility poles or light poles; signs or flags advertising a business placed upon motor vehicles which are continuously or repeatedly parked in a conspicuous location.

M. Any series of two or more signs or flags placed along a street or highway carrying an advertising message, part of which is contained on each sign.

[Amended 12-20-2010 by Ord. No. 2010-17 (1089)]

§ 90-14 Look-alike restrictions.

[Added 12-6-1985 by Ord. No. 586]

A. A construction permit shall not be issued for any proposed residential dwelling if it is substantially alike in exterior design and appearance with any neighboring dwelling situated within 100 feet on the same or opposite side of the street. The distances herein specified shall be the shortest distance between the street lines of the respective properties.

B. Residential dwellings within 100 feet of each other shall be considered substantially alike in exterior design and appearance if they have any one of the following characteristics:

(1) The same basic dimension and floor plans are used without substantial differentiation of one or more exterior elevations.

(2) The same basic dimensions and floor plans are used without substantial change in the orientation of the dwellings on the lots.

(3) The height and design of the roofs are without substantial change in design and appearance.

(4) The size, type and location of doors and windows in the front elevation are without substantial differentiation.

§ 90-15 Parking.

[Added 2-7-1986 by Ord. No. 595]

A. Automobiles, vans, pickup trucks and panel trucks having a gross carrying capacity of one ton or less; jeep-type vehicles; travel-alls and similar types of vehicles used for commercial purposes may be parked on a street or out of doors on premises in any zoning district established under this chapter.

B. Trucks, vans, pickup trucks, panel trucks or commercial vehicles having a gross carrying capacity of one ton or more may be parked on premises in any zoning district established under this chapter; provided, however, that such vehicles shall not be parked within the minimum required front yard area established in the respective zoning district. The minimum required front yard area is set forth on a schedule entitled “Borough of Lavallette, Schedule of Area, Yard and Building Requirements,” which schedule is made a part of this chapter.[1]

[1] Editor's Note: Said schedule is included at the end of this chapter.

C. No truck, van, pickup truck, panel truck or commercial vehicle having a gross carrying capacity of one ton or more may be parked on a street between the hours of 6:00 a.m. and 6:00 p.m. in Residence Districts A, B or C, except for vehicles making deliveries or services to or for residents or occupants of structures on said street.

D. No truck, van, pickup truck, panel truck or commercial vehicle having a gross carrying capacity of one ton or more may be parked on a street between the hours of 6:00 p.m. and 6:00 a.m. in Residence Districts A, B or C.

E. Any construction equipment, not subject to registration requirements under the motor vehicle laws of the State of New Jersey, which is parked, placed or in any manner stored on a public street or highway must be marked with warning lights during the hours between dusk and dawn in such a manner as to alert motorists of the location of said equipment.

F. No commercial or noncommercial motor-drawn vehicles, such as a boat trailer, recreational trailer and similar vehicle, may be parked on any street in any zoning district established under this chapter between the hours of 6:00 p.m. and 6:00 a.m.

G. No commercial or noncommercial motor-drawn vehicle, such as a boat trailer, recreational trailer or similar vehicle, may be parked on any street at any time in any zoning district established under this chapter when the same is detached from a motor vehicle.

H. No recreational-type vehicle shall be parked on any street in any zoning district established under this chapter between the hours of 6:00 p.m. and 6:00 a.m.

I. No recreational vehicle of any type shall be parked on premises within the minimum required front, side and rear yard areas in Residence Districts A, B or C. The minimum required yard areas are set forth on a schedule entitled “Borough of Lavallette, Schedule of Area, Yard and Building Requirements,” which schedule is made a part of this chapter.

J. For the purpose of these regulations, the “gross carrying capacity of a vehicle” is defined as the carrying capacity certified on the manufacturer's factory invoice.

K. For the purpose of these regulations, a “commercial vehicle” is defined as any vehicle with a commercial license plate designation.

L. These regulations shall not apply to any vehicle owned by the Borough of Lavallette or the Lavallette Board of Education.

§ 90-16 Staircases.

[Added 12-20-2010 by Ord. No. 2010-17 (1089)[1]]

All single-family residential dwellings of more than one story shall contain an interior staircase providing access to the second floor and may have an additional exterior staircase.

[1] Editor’s Note: This ordinance also repealed former § 90-16, Dish antennas, added 2-7-1986 by Ord. No. 598, as amended.

§ 90-17 Prohibited uses.

[Added 7-7-1989 by Ord. No. 661; amended 5-17-2021 by Ord. No. 2021-05 (1212)]

A. All uses not expressly permitted in this chapter are prohibited. Adult book and/or film stores, which sell obscene material or films, as defined in N.J.S.A. 2C:34-3, are expressly prohibited in all zones within the Borough of Lavallette.

B. Pursuant to § 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P. L. 2021, c. 16),[1] all cannabis establishments, cannabis distributors or cannabis delivery services are hereby prohibited from operating anywhere in the Borough of Lavallette, except for the delivery of cannabis items and related supplies by a delivery service.

[1] Editor's Note: See § 31b of N.J.S.A. 24:6I-31.

C. The following are declared to be a prohibited use in all zones now or in the future provided for in Chapter 90 of the Code of the Borough of Lavallette: all classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in § 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service.