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.
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 Land Use Board for such adult bookstore or establishment of adult entertainment. The Land Use 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.
E. Restaurants and food establishments with an alcoholic beverage license
are prohibited uses within the Resort Recreational Zone A. Restaurants
and food establishments with alcoholic beverage licenses lawfully
in existence prior to the adoption of Ordinance No. 2021-14 shall be permitted to continue operation and shall not
be deemed to violate this chapter.
[Added 5-19-2021 by Ord.
No. 2021-14]
[Added 3-4-2020 by Ord. No. 2020-01]
A. Permitted
uses. Within the Resort Recreational Zone B, 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 use other than the following specified
uses:
(1) Single-, two-family and multifamily residential dwelling units and
accessory buildings, and uses normally auxiliary thereto.
(2) Carousels (merry-go-rounds), miniature golf concessions, arcades
and amusement games, and museums.
(4) Restaurants and food establishments without an alcoholic beverage
license and restaurants and food establishments that do not allow
the consumption of alcoholic beverages on the premises (e.g., BYOB).
(5) Retail sale of goods primarily oriented to boardwalk and beach activities;
gift shops; clothing and accessories.
B. Conditional
uses.
(2) Rooming houses, provided they are located on a minimum lot size of
40 feet by 100 feet and have a lot area per unit of no less than 500
square feet.
C. Accessory
uses.
(1) Uses customarily incidental and subordinate to the principal use
of a property shall be permitted.
(2) Nightclubs, bars, taverns, cocktail lounges, pubs, cabarets, dance
halls that serve alcoholic beverages or allow the consumption of alcoholic
beverages, package liquor stores, and breweries are not permitted
in the Resort Recreation Zone B as accessory uses.
D. Description
of zone. The following described lands of the Borough of Seaside Heights
are to be included within the Resort Recreational Zone B:
(1) All lots in Block Nos. 55, 56, 57, 58, 59, and 60.
E. Restaurants and food establishments with an alcoholic beverage license
are prohibited uses within the Resort Recreational Zone B. Restaurants
and food establishments with alcoholic beverage licenses lawfully
in existence prior to the adoption of Ordinance No. 2021-14, shall be permitted to continue operation and shall not
be deemed to violate this chapter.
[Added 5-19-2021 by Ord.
No. 2021-14]
[Added 1-20-2016 by Ord.
No. 16-03]
A. Establishment of overlay zone; applicability.
(1)
This section establishes development standards and regulations
for the establishment of uses, structures, and lots in the Redevelopment
Overlay (RO) Zone.
(2)
The application of the RO Zone is:
(a)
The RO Zone applies to Block 28, Lots 7, 21, 23 and 27 as shown
on the map on file in the office of the Municipal Clerk of the Borough
of Seaside Heights.
(b)
The RO Zone provides development standards that apply to new
construction of redevelopment projects.
(c)
Existing regulations in the underlying zone shall apply to all
remodeling of, or additions to, an existing structure where there
will be no change in occupancy and/or where the developer of the site
does not wish to utilize the RO Zone development standards.
(d)
Planning Board site plan review is required for all new development
and major renovation of existing development in the RO Zone.
B. Specific purposes. The specific purposes of this overlay zone are
to provide age-restricted senior housing while revitalizing and redeveloping
dilapidated commercial properties on a major thoroughfare.
C. Definitions. As used in this section, the following terms shall have
the meanings indicated:
BUILDING FRONTAGE
The measurement, in linear feet, of the building or buildings
that front onto a major arterial street, not including driveways and
pedestrian courtyards between buildings.
DEVELOPMENT SITE
A parcel or group of contiguous parcels that are proposed
for development as one project.
GROUND FLOOR
The lowest level within a building that is accessible from
and within three feet above or two feet below the grade of the street.
D. Development standards.
|
Bulk Standards Seaside Heights Redevelopment Zone
|
---|
|
Bulk Standards
|
Residential Multistory
|
---|
|
Use
|
Age-restricted senior housing
|
|
Minimum lot area
|
17,500 square feet
|
|
Maximum density
|
25 units per 10,000 square feet
|
|
Maximum floor area ratio
|
3.20
|
|
Minimum lot width
|
75 feet
|
|
Minimum lot depth
|
75 feet
|
|
Minimum building front yard setback
|
10 feet
|
|
Minimum roof eave front yard setback
|
7 feet
|
|
Minimum porch front yard setback
|
5 feet
|
|
Minimum stairs and ADA ramps front yard setback
|
0 feet
|
|
Minimum rear yard setback
|
10 feet
|
|
Minimum side yard setback
|
10 feet
|
|
Maximum building height
|
4 stories
|
|
Maximum building coverage
|
80%
|
|
Maximum lot coverage
|
90%
|
|
Minimum accessory building setback
|
5 feet
|
|
Minimum parking spaces (on site and on street)
|
0.5 per unit
|
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.
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 Land Use 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 Land Use 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 Land Use Board to the governing body, or to a court
of competent jurisdiction, until the termination in any manner of
such appeal or proceeding.
The Land Use 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.