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.[1]
[1]
Editor's Note: Former Subsection B(1)(b), regarding commercial
parking lots, which immediately followed, was repealed 3-1-2023 by Ord. No. 2023-03.
(2)
The minimum allowable size of property upon which development may
occur within the Residential Zone, in order to protect life and limb,
is:
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:
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]
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 2,000
square feet, consisting of a minimum lot width of 20 feet and a minimum
lot depth of 100 feet.
[Amended 8-3-2022 by Ord.
No. 2022-17]
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]
(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.
(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.
(28)
Bicycle rentals.
[Added 4-7-2019 by Ord. No. 2019-05]
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]
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 food establishments without an alcoholic beverage
license. Restaurants and food establishments with No. alcoholic beverage
licenses lawfully in existence prior to the adoption of Ordinance
No. 2021-14[1] shall be permitted to continue operation and shall not
be deemed to violate this chapter.
[Amended 5-19-2021 by Ord. No. 2021-14]
[1]
Editor's Note: Ordinance No. 2021-14 was adopted 5-19-2021.
(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]
[2]
Editor's Note: Former Subsection A1(2), regarding commercial
parking lots, which immediately followed, was repealed 3-1-2023 by Ord. No. 2023-03.
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. 61 and 69.
[Amended 3-4-2020 by Ord. No. 2020-01]
(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.
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:
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[2] shall be permitted to continue operation and shall not
be deemed to violate this chapter.
[Added 5-19-2021 by Ord.
No. 2021-14]
[2]
Editor's Note: Ordinance No. 2021-14 was adopted 5-19-2021.
[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.
(3)
Games of chance.
(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.
(6)
Parks and playgrounds.
(7)
Hotels and motels.
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.[2]
[2]
Editor's Note: Former Subsection B(3), regarding commercial
parking lots, which immediately followed, was repealed 3-1-2023 by Ord. No. 2023-03.
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,[3] shall be permitted to continue operation and shall not
be deemed to violate this chapter.
[Added 5-19-2021 by Ord.
No. 2021-14]
[3]
Editor's Note: Ordinance No. 2021-14 was adopted 5-19-2021.
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.
BUILDING FRONTAGE
DEVELOPMENT SITE
GROUND FLOOR
REDEVELOPMENT PROJECTS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
A parcel or group of contiguous parcels that are proposed
for development as one project.
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 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)
Side setback lines:
[Amended 8-18-2021 by Ord. No. 2021-22]
[1]
For residential properties having a width of 20 feet or less,
the side setback lines are hereby fixed, and no building or structure
shall be constructed closer than two feet from the side property lines.
In addition, no windows or doors may be located on the side of the
structure. No fences may be constructed on the side of a property
having a side setback of less than three feet.
[2]
For all other properties, the side setback lines are hereby
fixed, and no building or structure shall be constructed 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.
(e)
For residential properties having a width of 20 feet or less:
[Added 8-3-2022 by Ord.
No. 2022-17]
[1]
The minimum combined side yard setback shall be a total of four feet,
one side of which shall be a minimum of one foot and the other side
a minimum of three feet. Adjacent structures shall not be constructed
with one-foot setbacks on both sides of a shared property line.
[2]
There shall be a window on one side of the building. No windows or
doors may be located on the side of a structure with less than three-foot
distance to the property line
[3]
No fences may be constructed on a property having a setback of less
than three feet on both sides of the property line.
(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 41 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 Zone.
[Amended 8-3-2022 by Ord.
No. 2022-17]
(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. 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 this zone shall be measured from
the applicable AFBE or BFE, plus one foot to the peak of the roof,
as established by Ordinance No. 13-04.[1]
[Amended 8-3-2022 by Ord.
No. 2022-17]
(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.
G.
Cannabis establishments. All classes of cannabis establishments,
including cannabis cultivators, cannabis manufacturers, cannabis wholesalers,
cannabis distributors, cannabis retailers and cannabis delivery services
are hereby prohibited from operating in the Borough of Seaside Heights.
This prohibition shall not apply to the delivery of cannabis items
and supplies by a licensed cannabis delivery service located in another
municipality.
[Added 5-1-2019 by Ord.
No. 2019-06; amended 5-19-2021 by Ord. No. 2021-16]
H.
Aviation facilities.
[Added 8-18-2021 by Ord.
No. 2021-20]
(1)
Purpose: The purpose of this subsection is the regulation of aviation
facilities, including helistops, helipads, heliports and airports
in accordance with the zoning and police powers of the Borough.
(2)
AIRPORT
AVIATION FACILITY
HELIPORT
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
An area for landings and takeoffs of airplanes, which may
include servicing or parking functions for such crafts.
All land, improved or unimproved, the primary purpose of
which is or will be the service or supply of aviation-related activities
such as aircraft parking, storage, takeoff and landing and any services
or facilities appurtenant thereto.
An area for landings and takeoffs of helicopters, which may
include servicing or parking functions for such crafts. Also known
as "helipad" or "helistop."
(3)
General prohibition. Aviation facilities, including but not limited
to helistops, helipads, heliports and airports, are hereby prohibited
in all zones in the Borough of Seaside Heights.
I.
Interim zoning.
[Added 3-1-2023 by Ord.
No. 2023-03]
(1)
Following cessation of any use in the Residential, Retail Business,
Resort Recreational Zone, or the Resort Recreational Zone B, a vacant
lot may be issued a temporary zoning permit to be used as a commercial
parking lot for a period of up to two years.
(2)
No extensions or additional permits may be granted for a continuation
of the interim use beyond two years.
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.
