Borough of Seaside Park, NJ
Ocean County
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Table of Contents
Table of Contents
[Amended 10-5-1989 by Ord. No. 1066; 5-2-1991 by Ord. No. 1104; 4-3-1997 by Ord. No. 1213; 9-3-1998 by Ord. No. 1230; 4-1-1999 by Ord. No. 1243; 5-12-2004 by Ord. No. 1333; 5-24-2006 by Ord. No. 1388; 11-29-2006 by Ord. No. 1407; 9-1-2009 by Ord. No. 1488]
The Borough is divided into zones as enumerated in this article and as shown on the Zoning Map.
[Amended 3-11-2010 by Ord. No. 1506]
The boundaries of the zones as established by Ordinance 1488, adopted by Council August 27, 2009, are reflected on the map titled "Zone Map" signed by CME Engineering dated September 1, 2009, which accompanies and is made part of this chapter.[1]
[1]
Editor's Note: The Zone Map is included as an attachment to this chapter.
A. 
Zoning boundaries are intended to follow street center lines, lot lines, the boardwalk, bulkheads and/or continuations of lot lines, unless otherwise indicated by dimensions on the Zoning Map. Any disputed boundary line shall be determined by the Planning Board. Zoning boundaries extend vertically in both directions from ground level.
[Amended 12-27-2012 by Ord. No. 1613]
B. 
Where a street or public way serves as the zoning boundary and it is lawfully vacated, the former center line shall be the zoning boundary.
C. 
Riparian rights. Nothing in this chapter grants rights contrary to or supersedes the requirements for obtaining riparian rights.
All uses not expressly permitted in this chapter are prohibited.
Any use, building or structure legally existing at the time of the enactment of this chapter may be continued in accordance with § 200-46 even though such use, building or structure may not conform with the provisions of this chapter.
[Added 12-12-2013 by Ord. No. 1642]
The municipality recognizes that certain uses, activities and structures are necessary to serve the needs and provide for the convenience of the citizens of the Borough of Seaside Park and at the same time appreciates the fact that they, or any one of them, may become inimical to the public health, safety and general welfare of the community if located without due consideration to existing conditions and surroundings. Such uses are designated as conditional uses subject to the standards and regulations established herein. These standards are established in accordance with the Municipal Land Use Law.
A. 
Applications for a conditional use shall be made to the Planning Board. The application shall be granted or denied, after public hearing, within 95 days of accepting a complete application or within such further time as may be consented to by the applicant. Notice of the hearing shall include reference to all matters being heard, including site plan and subdivision. The approving authority shall act on all matters simultaneously. Failure to act within the required time shall constitute approval. In reviewing the application, the approving authority shall review the number of employees or users of the property, the requirements of this chapter, and consider all reasonable elements which could affect the public health, welfare, safety, comfort and convenience, such as, but not limited to, the proposed use(s), the character of the area, traffic patterns, vehicular access to this and neighboring properties, seasonal congestion and parking needs, pedestrian ways, landscaping, lighting, signs, drainage, sewerage treatment, potable water supply, utilities, and structural location(s) and orientation(s). Each conditional use shall be considered as an individual case, and the approving authority shall be satisfied the conditional use is reasonably necessary for the convenience of the public in the location proposed. The burden of proof shall be on the applicant. All conditional uses shall require site plan approval.
B. 
In approving a conditional use, a time limit of one year from the date of the approval shall be set, within which time the owner shall secure a building permit; otherwise, the approval shall be deemed null and void. The approving authority may, for good cause shown, extend the period for securing a building permit for an additional period not exceeding six months.
C. 
The use for which an application is being made must be specifically listed as a conditional use within the zone where the property is located.
D. 
Conditional uses shall adhere to the additional standards specified for the particular use.
E. 
No use specified within this article shall be considered a conditional use unless it is specifically listed as a conditional use in the zone district regulations.
F. 
Conditional uses in existence within a specified zone at the date of adoption of this section shall be deemed to be "grandfathered" and not subject to the additional standards specified for the particular use.
G. 
No expansion of a conditional use shall be permitted without meeting the additional standards specified for the particular use.
H. 
In the event a property owner meeting the "grandfather" provisions herein changes the use, then, in that event, a site plan application shall be submitted to the Planning Board.
A. 
Purpose. The purpose of the Residential Zone is to control the overall density of development and the unique problems created by the increase in seasonal occupancy, limitations have been included on the minimum lot size as well as standards for building and lot coverage, all intended to provide greater assurance of light, air and open space consistent with the goals of the Borough's Master Plan by controlling the impact of development and residential density on parking, traffic, community facilities, infrastructure and stormwater runoff.
B. 
Principal uses of land and buildings:
(1) 
Detached single-family dwellings.
(2) 
Public.
C. 
Accessory uses permitted:
(1) 
Garages and sheds with specific prohibition against the use of accessory buildings, boats or recreation vehicles, or the construction of new accessory buildings for residential purposes:
(a) 
Only one detached garage and one shed per building lot.
(b) 
The minimum side yard setback for an accessory structure is five feet.
(c) 
The minimum rear yard setback for an accessory structure is five feet.
(d) 
Maximum building dimensions:
Garage
(detached)
Shed
Height (feet)
16
10
Building square footage
576
100
(e) 
Garage and sheds are to be included in calculating compliance with maximum lot coverage. The placement of a shed is restricted to the rear yard.
(2) 
Swimming pools. Pools are not considered as part of the lot coverage.
(a) 
For lots with a single-family dwelling, swimming pools, as an accessory use, shall be set back at least five feet from the rear lot line and 20 feet from the street right-of-way and not less than the required minimum side yard setbacks applicable to the single-family dwelling.
(b) 
All setbacks shall be measured from the lot line to the edge of the water for in-ground pools and to any part of the supporting structure or deck for aboveground pools. In-ground pools shall be no more than one foot above the original grade of land.
(c) 
Aboveground pools shall have a maximum height of four feet, as calculated from original grade, to any part of the surface deck.
D. 
Conditional uses: none.
E. 
Area, yard and bulk requirements.
(1) 
Lots.
(a) 
Any lot legally existing at the time of the enactment of this chapter that is less than 5,000 square feet but not less than 2,500 square feet can be issued a building permit to construct a structure without an application for a variance to the appropriate land use board, provided that on the date of permit issuance the structure shall conform to all of the regulations within the applicable zone set forth in this chapter.
(b) 
Nothing may project into the required setbacks except as follows:
[1] 
On-grade decks or steps with planking at least 1/4 inch apart and open to exposed soil below the deck or steps and at a maximum height of eight inches. New on-grade deck and/or step construction meeting the above requirements shall not be permitted within one foot of the property line.
[Amended 4-12-2012 by Ord. No. 1588]
[2] 
Cornices, eaves and soffits, including rain gutters, only above the first story and limited to three feet in front and rear and two feet on side.
[3] 
Unsupported overhang, defined as a portion of roof or wall that extends beyond the facade of a structure. An unsupported overhang shall not protrude more than 24 inches beyond the building facade. No component of the overhang shall be located at an elevation lower than the top of the first floor. Unsupported overhangs shall not be utilized as habitable space or storage.
[4] 
One freestanding flagpole, per property, subject to the same height restrictions as those applicable to the appropriate zone and property.
[Added 3-11-2010 by Ord. No. 1506]
[5] 
Air-conditioner condenser platforms may be placed within a side yard setback, provided that:
[Added 5-24-2012 by Ord. No. 1599]
[a] 
Said platforms are at least six feet from the side property line, maintain the required rear yard property line setback, and are situated at least 30 feet from the front yard property line.
[b] 
Platforms shall not be placed within any area of the side yard designated as a required parking area.
[c] 
The height of the platform shall not be greater than one foot higher than the height required for the minimum flood height requirement in the designated flood zone (if applicable).
[6] 
Temporary handicap ramps.
[Added 9-27-2012 by Ord. No. 1609]
[a] 
A zoning permit fee shall be not assessed for the construction, reconstruction, alteration, improvement, or repair of a temporary structure used for the sole purpose of promoting accessibility to the handicapped as defined under N.J.S.A. 52:27D-126e. Said structures shall be subject to annual recertification by the Zoning Officer. In no case shall a temporary handicap ramp extend beyond any property line. Only one ramp shall be permitted per lot. The ramp shall be removed within 30 days of the cessation of handicap.
[b] 
Zoning and building permits must be obtained within six weeks of installation of a temporary handicap ramp.
[7] 
Two unroofed porches, stoops, stairways or other similar structures ("access structures") which exceed eight inches in height as measured from the adjacent ground, attached to and constructed to facilitate access to the entranceway of a principal structure on the property. One access structure may encroach into a required front yard area, and one access structure may encroach into the required rear yard area, provided they are set back from the front and rear lot lines by at least 10 feet. On-site parking shall not be reduced by this development below that required by prior approvals granted to the property, or if none, this chapter. Each access structure shall not exceed 50 square feet in area. The intent of this exception is to accommodate a front and rear entranceway into the principle structure, and not to extend or continue around to other decks, elevated patios, unroofed porches or terraces.
[Added 2-14-2013 by Ord. No. 1620; amended 1-26-2017 by Ord. No. 1721]
[8] 
A single utility systems room attached to the rear of an existing principle structure for the housing of utility systems servicing said structure such as a furnace, boiler, air-conditioner system, water heater or other similar systems and mechanicals that must be relocated from their existing location to comply with existing effective FIRM or FEMA advisory base flood elevation requirements. The utility systems shed room shall not exceed 35 square feet in area, shall not protrude more than five feet past the rear facade of the principle structure, and shall be set back from the rear property line by at least eight feet. The access structure permitted by this provision shall be excluded from lot coverage, building coverage and floor area ratio calculations. The attached utility systems room shall be constructed in similar fashion to the existing facade, specific to siding and roofing materials. The transition from foundation to siding shall occur at the same elevation as the existing structure.
[Amended 1-26-2017 by Ord. No. 1721]
[9] 
Fixed stairs and landings attached to the side of the principal building that provide access to an electric meter servicing the building (collectively "meter access structure") may project into a required side yard and front yard setback, provided that:
[Added 1-26-2017 by Ord. No. 1721]
[a] 
It is required by and does not exceed the minimum dimensions established by the Board of Public Utilities and/or the Department of Community Affairs;
[b] 
It shall not be elevated any higher than 18 inches above the adjacent grade;
[c] 
It shall not protrude past the front facade of the building;
[d] 
If a handrail is required by the building code, it shall be constructed on the side of the stairs that abut the side wall of the building;
[e] 
A minimum side yard setback of four feet is provided, unless the meter access structure is required by the elevation of an existing principal building. If a side yard setback of less than three feet is proposed, stairs shall be constructed on the front and back of the landing to permit pedestrian access along and through the side yard of the building; and
[f] 
It is not placed within any required parking area.
(c) 
Lot requirements.
[1] 
Minimum lot area: 5,000 square feet. (Note: lot area, see also §§ 200-44 and 200-46.)
[2] 
Minimum lot width: 50 feet.
[3] 
Minimum lot depth: 50 feet.
[4] 
Minimum front yard: 15 feet.
[Amended 7-25-2013 by Ord. No. 1633]
[a] 
Corner lots only. Corner lots are required to provide front yard setbacks along lot lines adjacent to any street.
(2) 
Minimum side yard (feet).
(a) 
The following formula will be used to calculate combined side yard setbacks:
Lot square footage multiplied by 0.003 = minimum combined setback with a minimum side yard setback being not less than 1/3 of the calculated combined side yard setback, but in the case of lots less than 5,000 square feet, the side yard setback shall be not less than four feet.
(b) 
Properties 5,000 square feet or greater shall have at least a fifteen-foot combined setback and at least an individual side setback not less than five feet.
(3) 
Minimum rear yard: 20 feet.
[Amended 5-28-2015 by Ord. No. 1673]
(4) 
Maximum building coverage (square feet). Maximum building coverage, including detached garage and shed, shall be calculated using the following formula:
Lot area square feet x 0.4 = maximum allowable exterior square footage of building, detached garage and shed.
(5) 
Floor-area-ratio (square feet) maximum building size. Maximum building size shall be calculated using the following formula:
Lot area square feet x 0.9 = maximum allowable gross floor area (square feet) of building.
(6) 
Maximum lot coverage: 65%. Detached garage and shed are to be included in calculating compliance with maximum lot coverage.
(7) 
Maximum building height.
[Amended 2-14-2013 by Ord. No. 1620]
(a) 
Height is the vertical distance to the highest point of the building measured from the average elevation of the top of the curbline along the front of the lot.
(b) 
The maximum height of a building shall be calculated using the following formula:
Lot area (square feet) divided by 250 plus 15 = maximum building height.
(c) 
Properties greater than or equal to 5,000 square feet: building height restricted to 35 feet; or
(d) 
If the effective Flood Insurance Rate Map (FIRM) elevation or the Advisory Base Flood Elevation (ABFE), plus two feet of additional freeboard, is greater than three feet above the top of the curbline along the front of the lot, the following height requirements will govern:
Maximum building height (feet).
[1] 
Height is the vertical distance to the highest point of the building measured from the effective FIRM flood elevation or FEMA Advisory Base Flood Elevation (ABFE), plus two feet of freeboard. The flood elevation utilized shall be the greater of the effective FIRM flood elevation or the FEMA ABFE dated December 12, 2012, or latest revision.
[2] 
The maximum height of a building shall be calculated using the following formula: Lot area (square feet) multiplied by 0.0032 plus 16 = maximum building height.
[3] 
Properties greater than or equal to 5,000 square feet: building height restricted to 32 feet.
(e) 
The height limitations of this section shall not apply to chimneys provided they are erected only to such height as is necessary to accomplish their purpose in compliance with the Uniform Construction Code. No more than two chimneys shall be exempted under this section per single-family residential building.
[Added 11-23-2015 by Ord. No. 1691]
(8) 
Maximum number of stories: three.
(9) 
Minimum off-street parking:
(a) 
Four or less bedrooms: two parking spaces with minimum dimensions of nine feet by 18 feet.
(b) 
Five bedrooms or more: three parking spaces with minimum dimensions of nine feet by 18 feet.
(c) 
Only one curb cut per building lot. A curb cut shall be a minimum width of 10 feet but not greater than 12 feet, measured at the face of the curb.
(d) 
Each garage parking space, with minimum dimensions of nine feet by 18 feet, shall be counted as one off-street parking space.
F. 
Prohibited uses. All uses not expressly permitted in this chapter are prohibited.
A. 
Purpose. The purpose of this zone is to encourage the development of both commercial and residential properties by providing for a more expansive use of the area through less restrictive regulations while controlling density, off-street parking and minimizing stormwater runoff.
B. 
Principal uses of land and buildings:
(1) 
Detached single-family dwellings.
(2) 
Two-family dwellings.
(3) 
Multiple dwelling units (three or more units).
(4) 
Affordable housing (COAH), provided it fronts Central Avenue and is in accordance with all area, yard and bulk requirements of building uses within the Business Zone.
(5) 
Offices, retail stores and restaurants.
(6) 
Mixed use within one structure, provided it includes a combination of the following uses: residential, offices, retail stores or restaurants.
(7) 
Places of worship, provided they front Central Avenue, contain no residences and no other nonresidential uses, and provide parking as follows:
[Amended 12-8-2016 by Ord. No. 1717]
(a) 
One parking space for each three seats; or
(b) 
One parking space for each 72 inches of seating space when benches rather than seats are used; or
(c) 
Where no pews or seats are provided in a house of worship, the parking requirement shall be one parking space for every 24 square feet of floor area.
(8) 
Schools, provided that they front Central Avenue, contain no residences and no other residential uses, and provide off-street parking at one space per faculty member or employee, plus one space per 25 students.
[Amended 12-8-2016 by Ord. No. 1717]
(9) 
Public.
C. 
Accessory uses permitted:
(1) 
Swimming pools. Pools are not considered as part of lot coverage.
(a) 
Single- and two-family dwellings.
[1] 
For lots with a single-family or two-family dwelling, swimming pools, as an accessory use, shall be set back at least five feet from the rear lot line and 20 feet from the street right-of-way and not less than the required minimum side yard setbacks applicable to single-family and two-family dwellings.
[2] 
All setbacks shall be measured from the lot line to the edge of the water for in-ground pools and to any part of the supporting structure or deck for aboveground pools. In-ground pools shall be no more than one foot above the original grade of land.
[3] 
Aboveground pools shall have a maximum height of four feet, as calculated from original grade, to any part of the surface deck.
(b) 
Multiple (three or more units) residential dwelling and mixed use buildings. Swimming pools as an accessory use shall be permitted only as in-ground pools which shall be constructed no higher than one foot above the original grade of the land. The edge of the water shall be set back at least 20 feet from any street right-of-way and at least 15 feet from any other property line.
(2) 
Detached garages and sheds with specific prohibition against the use of accessory buildings, boats or recreation vehicles, or the construction of new accessory buildings for residential purposes.
(a) 
Only one detached garage and one shed per building lot. The shed shall be restricted to the rear yard.
(b) 
The minimum side yard setback for either a garage or shed is five feet.
(c) 
The minimum rear yard setback for either a garage or shed is five feet.
(d) 
Maximum building dimensions:
Garage
(detached)
Shed
Height (feet)
16
10
Building square footage
576
100
(e) 
Detached garages and sheds are to be included in calculating compliance with maximum lot coverage.
D. 
Conditional uses: none
E. 
Area, yard and bulk requirement.
(1) 
All properties must front on Central Avenue to be considered as within the Business Zone.
(2) 
Corner lots. Setback requirements on side streets are to conform to the front setback requirements of the Residential Zone.
(3) 
Nothing may project into the required setbacks except as follows:
(a) 
On-grade decks with planking at least 1/4 inch apart and open to exposed soil below the deck and at a maximum height of eight inches.
(b) 
Cornices, eaves and soffits, including rain gutters, and above the first story but limited to three feet in front and rear and two feet on side.
(c) 
Unsupported overhang, defined as a portion of roof or wall that extends beyond the facade of a structure. An unsupported overhang shall not protrude more than 24 inches beyond the building facade. No component of the overhang shall be located at an elevation lower than the top of the first floor. Unsupported overhangs shall not be utilized as habitable space or storage.
(4) 
One freestanding flagpole, per property, subject to the same height restrictions as those applicable to the appropriate zone and property.
[Added 3-11-2010 by Ord. No. 1506]
(5) 
Business Zone: Central Avenue between 1st and 9th Avenues.
[Amended 12-8-2016 by Ord. No. 1717]
Dimensions
One- and Two-Family Dwellings
Multiple Dwellings
(3 units or more)
Mixed Use
Place of Worship
School
Retail Stores, Offices and Restaurants
Public
Minimum lot size (square feet)
5,000
7,500
5,000
25,000
25,000
5,000
5,000
Minimum width (feet)
50
50
50
100
100
50
50
Minimum depth (feet)
50
50
50
100
100
50
50
Minimum front yard (feet)
5
5
5
20
20
5
5
Minimum side yard (feet)
5/side
5/side
5/side
10/side
10/side
5/side
5/side
Minimum rear yard (feet)
20
10
10
20
20
10
10
Maximum building coverage (%)
40
40
40
35
25
40
40
Maximum lot coverage (%)
65
65
65
75
75
65
65
Maximum stories
3
3
3
1
1
3
3
Maximum building height (feet)
*
35
*
35
25
*
*
NOTE:
*
Same as Residential Zone.
F. 
Density. For every 2,500 square feet of lot area, one unit or permitted use is allowed.
G. 
Buffer requirements. Places of worship and schools shall provide a ten-foot planted buffer between residential uses. All other uses, see § 200-34, Buffers.
H. 
Minimum off-street parking. Only one curb cut per building lot. A curb cut shall be a minimum width of 10 feet but not greater than 12 feet, measured at the face of the curb.
(1) 
One- and two-family dwellings:
(a) 
One parking space per dwelling unit.
(b) 
Each garage parking space, with minimum dimensions of nine feet by 18 feet, shall be counted as one off-street parking space.
(2) 
Restaurant:
(a) 
One space per three seats.
(b) 
All off-street parking spaces are to be located in the rear or side of the building.
(3) 
Multiple dwellings, offices, retail stores and mixed use (excluding restaurants):
(a) 
One parking space per unit or use.
(b) 
All off-street parking spaces are to be located in the rear or side of the building.
I. 
Prohibited uses. All uses not expressly permitted in this chapter are prohibited.
A. 
Purpose. The purpose of this zone is to encourage the development of a broader range of permitted uses with less restrictive regulations while controlling density, off-street parking and minimizing stormwater runoff.
B. 
Principal uses of land and buildings:
(1) 
Detached single-family dwellings.
(2) 
Two-family dwellings.
(3) 
Multiple dwelling units (three or more units).
(4) 
Affordable housing (COAH), provided it fronts Central Avenue and is in accordance with all area, yard and bulk requirements of building uses within the Mixed Use Zone.
(5) 
Professional offices.
(6) 
Mixed use within one structure, provided it includes a combination of the following uses: residential and professional offices.
(7) 
Places of worship, provided they front Central Avenue, contain no residences and no other nonresidential uses, and provide parking as follows:
[Amended 12-8-2016 by Ord. No. 1717]
(a) 
One parking space for each three seats; or
(b) 
One parking space for each 72 inches of seating space when benches rather than seats are used; or
(c) 
Where no pews or seats are provided in a house of worship, the parking requirement shall be one parking space for every 24 square feet of floor area.
(8) 
Schools, provided that they front Central Avenue, contain no residences and no other residential uses, and provide off-street parking at one space per faculty member or employee, plus one space per 25 students.
[Amended 12-8-2016 by Ord. No. 1717]
(9) 
Public.
C. 
Accessory uses permitted:
(1) 
Swimming pools. Pools are not considered as part of lot coverage.
(a) 
Single- and two-family dwellings.
[1] 
For lots with a single-family or two-family dwelling, swimming pools, as an accessory use, shall be set back at least five feet from the rear lot line and 20 feet from the street right-of-way and not less than the required minimum side yard setbacks applicable to single-family and two-family dwellings.
[2] 
Setback requirements shall be measured from the lot line to the edge of the water for in-ground pools and to any part of the supporting structure or deck for aboveground pools. In-ground pools shall be no more than one foot above the original grade of land.
[3] 
Aboveground pools shall have a maximum height of four feet, as calculated from original grade, to any part of the surface deck.
(b) 
Multiple (3 or more units) residential dwellings and mixed use buildings. Swimming pools as an accessory use shall be permitted only as in-ground pools which shall be constructed no higher than one foot above the original grade of the land. The edge of the water shall be set back at least 20 feet from any street right-of-way and at least 15 feet from any other property line.
(2) 
Detached garages and sheds with specific prohibition against the use of accessory buildings, boats or recreation vehicles, or the construction of new accessory buildings for residential purposes.
(a) 
Only one detached garage and one shed per building lot. The shed shall be restricted to the rear yard.
(b) 
The minimum side yard setback for either a garage or shed is five feet.
(c) 
The minimum rear yard setback for either a garage or shed is five feet.
(d) 
Maximum building dimensions:
Garage
(detached)
Shed
Height (feet)
16
10
Building square footage
576
100
(e) 
Detached garages and sheds are to be included in calculating compliance with maximum lot coverage.
D. 
Conditional uses.
[Amended 12-12-2013 by Ord. No. 1642]
(1) 
Retail stores and restaurants (between O and H Streets only).
(a) 
Retail stores and restaurants shall be a conditional use only in the blocks between O and H Streets along the east and west sides of Central Avenue. They shall be prohibited in any other area of the zone.
(b) 
Retail stores and restaurants shall be subject to a minimum setback of 50 feet from the retail store or restaurant to the nearest lot line of a residential use. The required setback shall be measured from the nearest portion of the building which is occupied by the retail store or restaurant to the nearest lot line of a lot which is used exclusively as a residential dwelling.
(c) 
The use shall be conducted within a totally enclosed, permanent building.
(d) 
All public entrances and exits shall be to Central Avenue.
(e) 
All retail stores and restaurants shall provide separate public restroom facilities easily accessible from the interior of the building for male and female customer use.
(f) 
Restaurants shall not be exclusively a "take-out" or "to-go" business and shall be required to have a minimum dine-in seating area of 20 seats.
(g) 
All restaurant kitchen exhaust and ventilation systems shall be designed and installed to maximize the control and elimination of grease, odor, smoke and noise in order to minimize any impact on adjacent properties from emissions and odors and shall be discharged through the roof only.
(h) 
Any site plan plat required by Chapter 200 shall include a depiction of the dumpster location and any required buffer.
(i) 
The hours of operation shall be no longer than 17 hours per day, and the facility shall be closed between the hours of 12:00 midnight and 7:00 a.m., at a minimum.
(j) 
All other area, yard and general requirements as specified in § 200-68, Business Zone, for retail stores and restaurants must be met.
E. 
Area, yard and bulk requirements.
(1) 
All properties must front on Central Avenue to be considered within the Mixed Use Zone.
(2) 
Corner lots. Setback requirements on side streets are to conform to the front setback requirements of the Residential Zone.
(3) 
Nothing may project into the required setbacks except as follows:
(a) 
On-grade decks with planking at least 1/4 inch apart and open to exposed soil below the deck and at a maximum height of eight inches.
(b) 
Cornices, eaves and soffits, including rain gutters, and above the first story but limited to three feet in front and rear and two feet on side.
(c) 
Unsupported overhang, defined as a portion of roof or wall that extends beyond the facade of a structure. An unsupported overhang shall not protrude more than 24 inches beyond the building facade. No component of the overhang shall be located at an elevation lower than the top of the first floor. Unsupported overhangs shall not be utilized as habitable space or storage.
(4) 
One freestanding flagpole, per property, subject to the same height restrictions as those applicable to the appropriate zone and property.
[Added 3-11-2010 by Ord. No. 1506]
(5) 
Mixed Use Zone — Central Avenue excluding properties between 1st and 9th Avenues.
[Amended 12-8-2016 by Ord. No. 1717]
Dimensions
One- and Two-Family Dwellings
Multiple Dwellings
(3 units or more)
Mixed Use (Offices and Residential)
Place of Worship
School
Public
Minimum lot size (square feet)
5,000
7,500
5,000
25,000
25,000
5,000
Minimum width (feet)
50
50
50
100
100
50
Minimum depth (feet)
50
50
50
100
100
50
Minimum front yard (feet)
5
5
5
20
20
5
Minimum side yard (feet)
5/side
5/side
5/side
10/side
10/side
5/side
Minimum rear yard (feet)
20
10
10
20
20
10
Maximum building coverage (%)
40
40
40
35
25
40
Maximum lot coverage (%)
65
65
65
75
75
65
Maximum stories
3
3
3
1
1
3
Maximum building height (feet)
*
35
*
35
25
*
NOTE:
*
Same as Residential Zone.
F. 
Density. For every 2,500 square feet of lot area, one unit or permitted use is allowed per lot.
G. 
Buffer requirements. Places of worship and schools shall provide a ten-foot planted buffer between residential uses. All other uses, see § 200-34, Buffers. The following additional requirements shall apply to conditional uses:
[Amended 12-12-2013 by Ord. No. 1642; 12-8-2016 by Ord. No. 1717]
(1) 
In the case of any conditional use under § 200-69, there shall be a designated buffer area which shall be contiguous with residential property lines and be of uniform width of not less than 10 feet. The applicant shall be required to erect a six-foot-high solid fence and install landscape plantings sufficient to provide the required buffer.
H. 
Minimum off-street parking.
(1) 
Only one curb cut per building lot. A curb cut shall be a minimum width of 10 feet but not greater than 12 feet measured at the face of the curb.
(2) 
One parking space, with minimum dimensions of nine feet by 18 feet, per dwelling unit.
(3) 
Each garage parking space, with minimum dimensions of nine feet by 18 feet, shall be counted as one off-street parking space.
(4) 
Multiple dwellings, offices and mixed use:
(a) 
One parking space, with minimum dimensions of nine feet by 18 feet, per dwelling unit or use.
(b) 
All off-street parking spaces are to be located in the rear or side of the building.
(5) 
Retail stores.
[Added 12-12-2013 by Ord. No. 1642]
(a) 
One parking space per unit or use.
(b) 
All off-street parking spaces are to be located in the rear or side of the building.
(6) 
Restaurants.
[Added 12-12-2013 by Ord. No. 1642]
(a) 
One parking space per three seats.
(b) 
All off-street parking spaces are to be located in the rear or side of the building.
I. 
Prohibited uses. All uses not expressly permitted in this chapter are prohibited.
A. 
Purpose. The purpose of this zone is to control the overall density of residential development and the unique problems created by the increase in seasonal occupancy, limitations have been included on the minimum lot size as well as standards for building and lot coverage, all intended to provide greater assurance of light, air and open space consistent with the goals of the Borough's Master Plan.
B. 
Principal uses of land and buildings:
(1) 
Detached single-family dwellings.
(2) 
Two-family dwelling.
(3) 
Multiple dwelling units (three or more).
(4) 
Public.
C. 
Accessory uses permitted:
(1) 
Garages and sheds with specific prohibition against the use of accessory buildings, boats or recreation vehicles, or the construction of new accessory buildings for residential purposes.
(a) 
Only one detached garage and one shed per building lot.
(b) 
The minimum side yard setback for either a garage or shed is five feet.
(c) 
The minimum rear yard setback for either a garage or shed is five feet.
(d) 
Maximum building dimensions:
Garage
(detached)
Shed
Height (feet)
16
10
Building square footage
576
100
(e) 
Garages and sheds are to be included in calculating compliance with maximum lot coverage. The placement of a shed is restricted to the rear yard.
(2) 
Swimming pools. Pools are not considered as part of the lot coverage.
(a) 
Single-family and two-family dwellings.
[1] 
For lots with a single-family or two-family dwelling, swimming pools, as an accessory use, shall be set back at least five feet from the rear lot line and 20 feet from the street right-of-way and not less than the required minimum side yard setbacks applicable to the single-family dwelling.
[2] 
All setbacks shall be measured from the lot line to the edge of the water for in-ground pools and to any part of the supporting structure or deck for aboveground pools. In-ground pools shall be no more than one foot above the original grade of land.
[3] 
Aboveground pools shall have a maximum height of four feet, as calculated from original grade, to any part of the surface deck.
(b) 
Multiple (3 or more units) residential dwellings: swimming pools as an accessory use shall be permitted only as in-ground pools which shall be constructed no higher than one foot above the original grade of the land. The edge of the water shall be set back at least 20 feet from any street right-of-way and at least 15 feet from any other property line.
D. 
Conditional uses: none.
E. 
Area, yard and bulk requirements.
(1) 
All buildings must front North Ocean Avenue to be considered within the Multiple Dwelling Zone.
(2) 
Corner lots. Setback requirements on side streets are to conform to the front setback requirements of the Residential Zone.
(3) 
Nothing may project into the required setbacks except as follows:
(a) 
On-grade decks with planking at least 1/4 inch apart and open to exposed soil below the deck and at a maximum height of eight inches.
(b) 
Cornices, eaves and soffits, including rain gutters, only above the first story and limited to three feet in front and rear and two feet on side.
(c) 
Unsupported overhang, defined as a portion of roof or wall that extends beyond the facade of a structure. An unsupported overhang shall not protrude more than 24 inches beyond the building facade. No component of the overhang shall be located at an elevation lower than the top of the first floor. Unsupported overhangs shall not be utilized as habitable space or storage.
(4) 
One freestanding flagpole, per property, subject to the same height restrictions as those applicable to the appropriate zone and property.
[Added 3-11-2010 by Ord. No. 1506]
(5) 
Multiple Dwelling Use Zone, North Ocean Avenue.
Dimensions
One- and Two-Family Dwellings
Multiple Dwellings
(3 units or more)
Public
Minimum lot size (square feet)
5,000
7,500
5,000
Minimum width (feet)
50
50
50
Minimum depth (feet)
50
50
50
Minimum front yard (feet)
*
20
20
Minimum combined side yard (feet)
*
*
*
Minimum side yard setback/side
*
5
5
Minimum rear yard (feet)
*
20
20
Maximum building coverage (%)
40
40
40
Maximum lot coverage (%)
65
65
65
Maximum stories
3
3
3
Maximum building height (feet)
*
35
*
NOTE:
* Same as Residential Zone.
F. 
Density. For every 2,500 square feet of lot area, one unit or use is allowed.
G. 
Buffer requirements See § 200-34, Buffers.
H. 
Minimum off-street parking:
(1) 
Four or less bedrooms: two parking spaces, each with minimum dimensions of nine feet by 18 feet, per dwelling unit.
(2) 
Five bedrooms or more: three parking spaces, each with minimum dimensions of nine feet by 18 feet, per dwelling unit.
(3) 
Only one curb cut per building lot. A curb cut shall be a minimum width of 10 feet but not greater than 12 feet measured at the face of the curb.
(4) 
Each garage parking space, with minimum dimensions of nine feet by 18 feet, shall be counted as one off-street parking space.
I. 
Prohibited uses. All uses not expressly permitted in this chapter are prohibited.
[Amended 3-11-2010 by Ord. No. 1506; 12-8-2016 by Ord. No. 1719]
A. 
Background and intent. The intent and purpose of this code is to enable, encourage and qualify the implementation of the following policies:
(1) 
To guide future development along Seaside Park Borough's Boardwalk Zone so that it occurs at an appropriate scale;
(2) 
To provide for Boardwalk development that is financially and economically viable while respecting the character of the surrounding neighborhoods;
(3) 
To maintain an attractive space that is safe and easily navigable; and
(4) 
To promote design that is resilient and minimizes risk to life and property resulting from coastal storms.
B. 
Organization of this section.
(1) 
The Boardwalk Zone section of the Development Regulations Ordinances regulates development in two ways, by district and by building type.
(2) 
Boardwalk Zone districts set out the general design requirements that pertain to the character of an area. These include uses, setbacks, building/structure heights, and design character/appearance. Boardwalk districts are as follows:
(a) 
Ocean Avenue Row, which is bounded by the southernmost to the northernmost property lines of Block 97, Lot 20 (and includes Block 97, Lot 19); the property line fronting Ocean Avenue; and an imaginary line extending 105.78 feet east of the southwestern-most corner of Lot 20, approximately 133.5 feet north, approximately 50 feet west, and approximately 350 feet north to the northern most property line of Lot 20.
(b) 
Promenade Row, which is bounded by the easternmost line of Ocean Avenue Row, and extends 120 feet east from the western most property line and is bounded on the north and south side by Lot 20's north and south property lines.
(c) 
Amusement Zone, which is bounded on the north side by the northern property line and south side by an imaginary line extending from the center line of Farragut Avenue, and extends east to west from the easternmost boundary of Promenade Row to Lot 20's western property line.
(d) 
Water Dependent Use Zone, which is bounded on the north side by an imaginary line extending from the center line of Farragut Avenue and south side by the property line, and extends east to west from the easternmost boundary of Promenade Row to Lot 20's western property line.
(3) 
In each Boardwalk district, certain building types and structures are allowed and certain types are prohibited, based on the character of that district. The requirements for building set out more specific requirements that are related to the kind of structure that is being built.
(4) 
One of the distinguishing features of the downtown zoning districts are the sizes, types and placement of structures. This section describes characteristic building uses, setbacks, heights, and lot coverages for each of the four Boardwalk districts.
C. 
Applicability.
(1) 
Provisions of this code are activated by "shall" when required; "should" when recommended; and "may" when optional.
(2) 
The provisions of this Code, when in conflict, shall take precedence over those of other codes, ordinances, requirements and standards except the local health and safety code.
(3) 
The Boardwalk Form Based Code Zoning shall apply to the Block 97, Lots 19, 20, and 20.01.
(4) 
The requirements of this chapter shall not be construed to eliminate the need for an applicant or property owner to comply with other applicable sections of the Seaside Park Borough Code or to obtain approvals from other agencies with jurisdiction, such as the county or the State of New Jersey.
(5) 
Where in conflict, numerical metrics shall take precedence over graphic metrics.
D. 
Map and permitted uses.
(1) 
The map included below illustrates the divisions of each section of the Boardwalk identified in § 200-71(B)(2).
(2) 
Permitted uses for each identified in § 200-71B(2) are listed in the table below:
Use
OA
P
AZ
WDZ
Public restrooms
P
P
P
P
Retail sales
P
P
P
P
Concession stands
C
P
P
P
Snack bars
C
P
P
P
Restaurants
P
P
P
P
Banquet facilities
P
NP
P
P
Outdoor dining
P
P
P
P
Beach clubs
NP
P
P
P
Water recreation rentals
NP
NP
P
P
Fishing clubs
NP
NP
P
P
Miniature golf course
P
P
P
P
Amusement arcades
P
P
P
P
Games/stands
C
P
P
P
Amusement rides
NP
NP
P
P
Public
P
P
P
P
P = Permitted use.
NP = Not permitted.
C = Conditional use.
(3) 
Prohibited uses: any uses not permitted in Subsection D(2) above.
E. 
Standards and requirements for Boardwalk sections.
(1) 
Ocean Avenue Row.
(a) 
Purpose. Ocean Avenue Row is intended to permit development consistent in design and use with existing buildings fronting Ocean Avenue.
(b) 
Permitted building types.
[1] 
Linear building. Buildings in the Ocean Avenue Row shall not exceed two stories in height and shall not be set back from the Ocean Avenue right-of-way. There shall be no less than 15 feet of distance separating buildings where ramps provide access to the Boardwalk.
(c) 
Permitted uses.
[1] 
Public restrooms.
[2] 
Retail stores.
[3] 
Restaurants.
[4] 
Banquet facilities.
[5] 
Outdoor dining.
[6] 
Miniature golf course.
[7] 
Video arcades.
[8] 
Public.
(d) 
Conditional uses. The following uses are permitted in the Ocean Avenue Row District, conditioned they do not front on Ocean Avenue:
[1] 
Concession stands.
[2] 
Snack bars.
[3] 
Games.
(e) 
Prohibited uses. All uses not explicitly permitted in this section are prohibited in the Ocean Avenue Row.
(f) 
Area, yard, and bulk requirements.
Minimum front setback
0 feet.
Minimum side setbacks
5 feet.
Minimum rear setback
0 feet.
Maximum building height
35 feet/2 stories, measured from the Boardwalk
Structure to structure
15 feet.
(2) 
Promenade Row.
(a) 
Purpose. Promenade Row is intended to provide a promenade area consisting of low-intensity game, retail, and amusement kiosks, as well as seating, such as to minimize obstructions to pedestrian movement.
(b) 
Permitted building types.
[1] 
Kiosks. Within the Promenade Row, building types are restricted to kiosks oriented parallel to Ocean Avenue such that their centers are aligned. Kiosks should typically be open on two or more sides, except where access is restricted to the public for purposes including but not limited to deliveries and waste disposal, and may have exterior seating such that seating does not obstruct pedestrian movement on the Boardwalk.
[2] 
Linear building. Linear buildings in Promenade Row shall not exceed two stories in height. There shall be no less than 15 feet of distance separating buildings where ramps provide access to the Boardwalk.
(c) 
Permitted uses.
[1] 
Public restrooms.
[2] 
Retail sales.
[3] 
Concession stands.
[4] 
Restaurants.
[5] 
Outdoor dining.
[6] 
Beach clubs.
[7] 
Amusement arcades.
[8] 
Games/stands.
[9] 
Miniature golf course.
[10] 
Snack bars and related food vendors.
[11] 
Public.
(d) 
Prohibited uses. All uses not explicitly permitted in this section are prohibited in the Promenade Row.
(e) 
Area, yard, and bulk requirements.
Minimum front and rear setbacks
0 feet
Minimum side setback
5 feet
Maximum building height
35 feet/2 stories
Structure to structure
15 feet
(3) 
Amusement Zone.
(a) 
Purpose. The Amusement Zone permits several commercial activities permitted in the Ocean Avenue Row and Promenade Row as well as amusement rides and water-dependent uses.
(b) 
Permitted building types. Within the Amusement Zone, buildings shall be limited to kiosks, linear buildings, and mobile buildings. Also permitted within are certain rides meeting the bulk requirements indicated in Subsection E(3)(e).
[1] 
Buildings shall be situated on site in such a way that the views of the ocean are not heavily impeded.
[2] 
Structures shall be spaced no closer than 15 feet apart.
(c) 
Permitted uses.
[1] 
Amusement arcades, games, stands and rides.
[2] 
Miniature golf courses.
[3] 
Snack bars.
[4] 
Restaurants.
[5] 
Banquet facilities.
[6] 
Outdoor dining.
[7] 
Beach clubs.
[8] 
Nonmotorized water recreation rentals.
[9] 
Fishing clubs.
[10] 
Retail stores.
[11] 
Public.
[12] 
Public restrooms.
(d) 
Prohibited uses. All uses not explicitly permitted in this section are prohibited in the Amusement Zone.
(e) 
Area, yard, and bulk requirements.
[1] 
Buildings.
Minimum side setback
15 feet
Minimum front setback (with front being side closest to Promenade Row)
0 feet
Minimum rear setback (with rear being the side closest to the ocean)
15 feet
Maximum building height
35 feet/2 stories
Structure to structure
15 feet
[2] 
Amusement rides.
Minimum side setback
15 feet
Minimum front setback (with front being side closest to Promenade Row)
0 feet
Minimum rear setback (with rear being the side closest to the ocean)
15 feet
Maximum ride height
100 feet
Structure to structure
15 feet
(4) 
Water Dependent Use Zone.
(a) 
Purpose. The Water Dependent Use Zone permits several commercial activities permitted in the Ocean Avenue Row, Promenade Row, and Boardwalk Row areas, as well as rides not exceeding 50 feet in height.
(b) 
Permitted building types. Buildings shall be limited to kiosks and up to two-story enclosed structures.
[1] 
Buildings shall be situated on site in such a way that the views of the ocean are not heavily impeded.
[2] 
Structures shall be spaced no closer than 15 feet apart.
(c) 
Permitted uses.
[1] 
Amusement arcades, games, stands, and rides.
[2] 
Miniature golf courses.
[3] 
Restaurants.
[4] 
Snack bars.
[5] 
Retail stores.
[6] 
Public.
[7] 
Public restrooms.
[8] 
Banquet facilities.
[9] 
Outdoor dining.
[10] 
Beach clubs.
[11] 
Nonmotorized water recreation rentals.
[12] 
Fishing clubs.
(d) 
Prohibited uses. All uses not explicitly permitted in this section are prohibited in the Water Dependent Use Zone.
(e) 
Area and bulk requirements.
[1] 
Buildings.
Maximum lot coverage: building and Boardwalk
100%
Minimum side setback
15 feet
Minimum front setback (with front being side closest to Promenade Row)
0 feet
Minimum rear setback (with rear being the side closest to the ocean)
15 feet
Maximum building height
35 feet/2 stories
Structure to structure
15 feet
[2] 
Amusement rides.
Minimum side setback
15 feet
Minimum front setback (with front being side closest to Promenade Row)
0 feet
Minimum rear setback (with rear being the side closest to the ocean)
15 feet
Maximum ride height
50 feet
Structure to structure
15 feet
F. 
General notes.
(1) 
All waste shall be managed and stored on property.
G. 
General design standards for all areas within the Boardwalk Zone.
(1) 
Scale and style.
(a) 
Buildings should generally relate in scale and design features to surrounding buildings, especially buildings within the same section of the Boardwalk.
(b) 
The massing of the structures shall be situated in a way as to not impede views of the ocean from the Boardwalk.
(2) 
Kiosks.
(a) 
Kiosks should be open on at least two sides.
(3) 
Buildings fronting Ocean Avenue.
(a) 
Buildings should be consistent in design with existing buildings that front Ocean Avenue.
(b) 
Buildings should avoid long, monotonous or interrupted walls or roof planes. Windows should cover 30% of building walls facing Ocean Avenue.
(c) 
Lighting equipment on building exteriors should fit the architectural styles of the buildings to which they are attached.
H. 
Signage.
(1) 
Signage in the Boardwalk area shall be governed by Seaside Park Ordinance § 200-54E(7).
I. 
Sidewalks.
(1) 
Installation and minimum standards for sidewalk along Ocean Avenue and any additional sidewalk installed as part of Boardwalk construction shall comply with § 200-52. Installation and minimum standards.[1]
[1]
Editor's Note: So in original.
(2) 
Sidewalk and related construction along Ocean Avenue within the Boardwalk Zone shall also comply with the following:
(a) 
Sidewalk areas must be provided along all streets and shall be properly sized for the safe and convenient movement of pedestrians through and around the area, taking into consideration such factors as the volume of traffic on the street, the width of the roadway, and the adjoining land uses.
(b) 
Sidewalk areas must be attractively landscaped and durably paved in conformance with any minimum landscape standards and shall be provided with adequate lighting according to lighting standards. Decorative paving materials and pedestrian-scale lighting is required.
(c) 
Traffic signage shall be consolidated and affixed onto lampposts to the maximum extent practical so as to reduce the number of poles, obstructions and visual clutter in the streetscape and pedestrian movement. All traffic signage must be in accordance with current MUTCD (Manual on Uniform Traffic Control Devices) guidelines.
(d) 
All signal and light posts must be a consistent dark color.
(e) 
All sidewalks and intersections must be ADA and PROWAG compliant.
(f) 
Crosswalks are required at each intersection.
(g) 
Crosswalks must be a different texture, pattern and surface from roadways and sidewalks.
(h) 
Sidewalks shall not be asphalt and shall adhere to the Borough's minimum standards for sidewalks.
(i) 
The buffer area between the curb and sidewalk should be of a different paving material and texture than sidewalks, preferably a textured material such as pavers, brick, and/or synthetic brick.
A. 
Purpose. This zone is included in order to indicate the existing public properties and those areas characterized by unique natural resources.
B. 
Principal uses of land and buildings:
(1) 
Public uses including but not limited to schools, parks, playgrounds, recreation areas, municipal buildings, public utilities and public parking areas and related public services.
(2) 
Open space, dunes restoration and pedestrian activities associated with walking and swimming as well as related public services.
(3) 
The Seaside Park Marina Utility and Seaside Park Yacht Club but limited to the berthing of boats at designated docks and berths, and the storage of boats and trailers.
(4) 
Public.
C. 
Accessory uses permitted: none.
D. 
Conditional uses permitted: none.
E. 
Area, yard and bulk regulations. Borough radio or tower facilities and water storage tanks shall have no height limitations except that they shall comply with any requirements of the Federal Aviation Agency.
F. 
Minimum off-street parking. Parking for public uses shall be the subject of site plan review considering: Borough maintenance, on-site emergency or business vehicles storage; and whether the general public comes to the site for business, public purposes or recreation and how many employees work at the site.
(1) 
The minimum parking shall be one space per employee and one space per public vehicle stored at the site.
(2) 
Marina Utility and Seaside Park Yacht Club. One space per berth or dock space.
G. 
Prohibited uses. All uses not expressly permitted in this chapter are prohibited.
[Amended 3-11-2010 by Ord. No. 1506]
Forms are included as follows:[1]
A. 
Requirements for:
(1) 
Minor site plan application.
(2) 
Preliminary major site plan application.
(3) 
Final major site plan applications.
(4) 
Minor subdivision application.
(5) 
Preliminary major subdivision application.
(6) 
Final major subdivision application.
(7) 
As-built plan.
(8) 
Grading and drainage plan.
(9) 
Map filing checklist.
(10) 
All other development applications.
[Added 9-27-2012 by Ord. No. 1608]
(a) 
Survey of property depicting existing conditions at the site, including all existing improvements and existing contours at one-foot intervals. The survey shall be prepared and sealed by a New Jersey licensed land surveyor within 6 months of the application date.
(b) 
A scalable plat with a North arrow depicting all existing and proposed improvements, including but not limited to proposed contours at one-foot intervals, and all dimensions, areas and distances, such as but not limited to building locations, building lengths, building heights, building and lot coverage, lot lines, parking spaces, loading area, setbacks, yards, signage, rights-of-way and easements. The plat shall be prepared by a New Jersey licensed land surveyor, New Jersey licensed professional engineer, or New Jersey licensed architect.
[1]
Editor's Note: The checklists are on file in the Borough offices.