Borough of Seaside Heights, NJ
Ocean County
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Table of Contents
Table of Contents
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.
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; 7-18-2012 by Ord. No. 12-06]
(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.
B. 
Conditional uses.
[Amended 12-20-2006 by Ord. No. 06-21; 12-16-2009 by Ord. No. 09-12; 7-18-2012 by Ord. No. 12-06]
(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 for marine commercial services only.
[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 Land Use 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.
(b) 
Notwithstanding any other provision of this section, commercial parking lots, provided that the lot area of such parking lot is a minimum of 4,000 square feet.
(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 multifamily dwellings:
[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.
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. 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:
[Amended 7-18-2012 by Ord. No. 12-06]
(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.
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. Within the Low-Density Residential Zone, the conditional uses shall be those hereinabove enumerated under the Single-Family Zone.
[Amended 7-18-2012 by Ord. No. 12-06]
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 on 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.).
[Amended 12-16-2009 by Ord. No. 09-12]
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:
[Amended 12-20-2006 by Ord. No. 06-21; 12-17-2008 by Ord. No. 08-17; 4-5-2017 by Ord. No. 17-06; 4-18-2018 by Ord. No. 2018-02]
(1) 
Any uses specified in § 246-36 as permitted and regulated in the Residential Zone.
(2) 
Retail sales of goods.
(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.
(14) 
Limited brewery and craft distillery (Boulevard only).
(15) 
Banks.
(16) 
Bakeries.
(17) 
Book stores.
(18) 
Pharmacies.
(19) 
Antique and gift shops.
(20) 
Furniture stores.
(21) 
Clothing and accessories stores.
(22) 
Real estate offices.
(23) 
Grocery stores.
(24) 
Delicatessens.
(25) 
Barbershops and hair and nail salons.
(26) 
Music and art studios.
(27) 
Scooter and moped rentals.
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.
[Amended 12-17-2008 by Ord. No. 08-17]
(1) 
The minimum lots standards for retail business areas shall be:
(a) 
Lot area: 4,000 square feet.
(b) 
Lot frontage: 40 feet.
(c) 
For hotel and motel units, lot area per unit: 500 square 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.[1]
[1]
Editor’s Note: Former Subsections F through J, all of which immediately followed this subsection and were added 8-7-2002 by Ord. No. 2002-18, were repealed 12-20-2006 by Ord. No. 06-21. These subsections all provided regulations for buildings located on the boulevard or for buildings located on properties between the south side of Grant Avenue and the north side of Porter Avenue.
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:
[Amended 12-20-2006 by Ord. No. 06-21; 12-17-2008 by Ord. No. 08-17; 7-18-2012 by Ord. No. 12-06]
(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 courses.
(6) 
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.
(7) 
Retail stores which are primarily oriented to boardwalk activities.
(8) 
Parks and playgrounds.
A1. 
Conditional uses.
[Added 7-18-2012 by Ord. No. 12-06]
(1) 
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.
(2) 
Commercial parking lots, provided that the lot area of a parking lot is a minimum of 4,000 square feet.
B. 
Description of Zone. The following described lands of the Borough of Seaside Heights are to be included within the Resort Recreational Zone:
(1) 
Lot Nos. 1 through 10 in Block No. 2.02.
(2) 
Lot Nos. 1 through 10 in Block No. 3.02.
(3) 
Lot Nos. 1 through 10 in Block No. 4.02.
(4) 
Lot Nos. 1 through 10 in Block No. 5.02.
(5) 
Lot Nos. 1 through 10 in Block No. 6.02.
(6) 
Lot Nos. 1 through 10 in Block No. 7.02.
(7) 
Lot Nos. 1 through 10 in Block No. 8.02.
(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.
(10) 
Lot No. 1.03 in Block No. 99.01.
[Added 4-15-2015 by Ord. No. 15-03; amended 6-7-2017 by Ord. No. 17-13]
(11) 
Lot No. 1.08 in Block No. 99.02.
[Added 3-1-2017 by Ord. No. 17-03]
(12) 
Lot No. 1.05 in Block No. 99.01.
[Added 9-6-2017 by Ord. No. 17-17]
(13) 
Lot No. 1.06 in Block No. 99.01.
[Added 9-6-2017 by Ord. No. 17-18]
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[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsection B as Subsection D.
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.
(3) 
All of Block No. 62, except Lot Nos. 1 through 5.
(4) 
All of Block Nos. 63, 64 and 65.
(5) 
All of Block No. 66, except Lot Nos. 5 through 10.
(6) 
All of Block No. 67, except Lot Nos. 1 through 10.
(7) 
All of Block No. 68.
[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.
REDEVELOPMENT PROJECTS
Redevelopment projects shall provide age-restricted senior housing facilities.
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.
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; 7-17-2013 by Ord. No. 13-17]
(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.
(c) 
An overhang, defined as a projecting upper part of a building, as a roof shall be permitted on the boardwalk, so long as no overhang shall project more than seven feet over the boardwalk and the lowest portion of all overhangs must be between seven feet and 12 feet above the level of the boardwalk.
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; 8-4-2004 by Ord. No. 04-10; 12-16-2009 by Ord. No. 09-12; 2-20-2013 by Ord. No. 13-08]
(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. The provisions of this subsection shall not apply in the Single-Family and Low-Density Residential Zones.
(2) 
Towers, turrets, minarets, elevator shafts, rooftop air-conditioning units, chimneys or other such auxiliary structures annexed to buildings or dwellings shall be permitted for purposes of decoration and mechanical requirements 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 other houses of worship.
(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 27 feet. The height in these two zones shall be measured from the applicable ABFE or BFE flood elevation, plus one foot, as established by Ordinance No. 13-04,[1] to the highest point on the structure.
[1]
Editor's Note: See Ch. 99, Flood Damage Prevention.
(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 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.
A. 
The Land Use 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.
(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 Land Use 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 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.
A. 
The Land Use 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.