[Ord. #601, S 109.2; Ord. #650, S 1]
The purposes of this chapter are to conserve the value of property and to encourage the most appropriate use or development of land within the Borough in accordance with and substantially consistent with the land use plan element of the master plan of the Borough heretofore adopted by the Planning Board of the Borough; to secure safety from fire, flood, panic and other natural and man-made disasters; to provide adequate light, air and open space; to promote the establishment of appropriate population densities and concentration that will contribute to the public health, safety, morals and general welfare and preservation of the environment; to encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies; to promote a desirable visual environment through creative development techniques and good civic design and arrangements; to promote the conservation of open space and valuation natural resources and to prevent degradation of the environment through improper use of land; to encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land. For these purposes, this chapter designates, regulates and restricts the location and use of buildings, structures and land for residences, commerce, trade, industry, or other purposes; designates, regulates and restricts the height, number of stories, size of buildings and other structures thereafter erected or altered; regulates and determines the size of yards and other open spaces; and regulates and restricts the density of population. In order to effectuate these purposes, this chapter divides the Borough into zoning districts of such number, shape and area as may be deemed most appropriate to carry out the intent and purposes of this chapter.
[Ord. #601, S 109-3]
a. 
This Chapter shall be interpreted in the means most favorable to the purposes of this Chapter and the health, safety, morals and general welfare of the citizens of the Borough.
b. 
This Chapter is intended to be permissive as to uses and purposes permitted within the hereafter designated zones and any use or purposes not expressly designated for a particular zone or zones are hereby expressly prohibited.
[Ord. #601, S 109-4; Ord. #650, S 2; Ord. #659, S 2; Ord. #687, S 1; Ord. #692, S 1; Ord. #752, S 1; Ord. #760, S 2; Ord. #808, S 2; Ord. #830, S 2; Ord. #90-8, SS 1, 3; Ord. #93-29, S 1; Ord. #1997-21, S 1; Ord. #2002-11, S 1; Ord. # 2003-13, SS 1, 2; Ord. #2003-33, S I; Ord. #12-2004, SS 1, 2; Ord. #29-2005, S 1; Ord. #09-2006, S 1; Ord. #06-2007, S 1; Ord. #2008-06, S 1; Ord. #13-2009, S 1; Ord. #2014-03; Ord. #2014-04 SS 1-14; Ord. #2014-09. Additional amendments noted where applicable.]
As used in this Chapter:
ACCESSORY BUILDING OR USE
shall mean an accessory building or use is one which:
a. 
Is subordinate to and serves any principal building or use; and
b. 
Is subordinate in area, extent or purpose to the principal building or principal use served; and
c. 
Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and
d. 
Is located on the same building lot as the principal building or principal use served.
e. 
Accessory Buildings or Uses will not allow overnight occupancy or being utilized for sleeping or residential domicile purposes.
ADMINISTRATIVE OFFICER
shall mean the Municipal Administrator of the Borough and, in the absence of the Municipal Administrator, shall be the Clerk of the Borough, unless otherwise provided in this Chapter.
AGRICULTURAL, CUSTOMARY USE
shall mean a use primarily devoted to the raising or production, of crops, livestock grazing, raising of hay for cows to produce milk and other dairy products, raising of poultry and sale of chickens and eggs, or growing of fruit.
ALTERATION
shall mean, as applied to a building or structure, a change, rearrangement or enlargement in the structural parts or in the existing facilities; any conversion of a building or part thereof, removal of a building from one location or position to another, or demolition of a building.
AMUSEMENT AREA
shall mean any area within or without a building, structure or any open area accessible to the public, devoted to amusement devices, games or recreational diversions of all types.
APPLICANT
shall mean an individual or developer submitting an application for development or other purpose.
APPLICATION FOR DEVELOPMENT
shall mean the application form and all accompanying documents required by this Chapter for approval of a site plan, subdivision plat, conditional use, planned development, zoning variance, or direction of the issuance of a permit pursuant to Chapter 291 of the Laws of New Jersey, 1975.
APPROVING AUTHORITY
shall mean the Board of Adjustment or Planning Board when acting pursuant to the authority of Chapter 291 of the Laws of New Jersey, 1975, and amendments thereto.
AS-BUILT SURVEY
Shall mean plans or survey indicating the precise description, location, setbacks, and coverages of all completed improvements to a parcel of land.
[Added 3-14-2022 by Ord. No. 2022-05]
AUTOMOBILE REPAIR SHOP
shall mean a building or place which is used for the principal purpose of body or repair work performed on motor vehicles.
BALCONY
shall mean a platform projecting from the wall of the building shall be permitted above the second story providing it does not exceed seventy-five (75) square feet.
[Ord. #2014-04 S 2]
BANQUET HALL
shall mean a hall which can accommodate a ceremonious public dinner as opposed to restaurant dining which caters to the general public.
[Ord. #2014-03]
BASEMENT
shall mean a story of a building partly underground and having more than one-half (1/2) of its height above the average level of the finished grade.
[Ord. #2014-09]
BILLBOARD
shall mean any structure or portion thereof upon which advertisements are used as an outdoor display not serving a business conducted on the same building lot. This definition does not include any signs used to display official court or government notices.
BOARD OF ADJUSTMENT
shall mean the Board of Adjustment of the Borough established pursuant to N.J.S.A. 40:55D-69 (Laws of 1975, Chapter 291, Section 56).
BOATEL
shall mean a motel or hotel which is designed to be utilized in conjunction with marina facilities.
BUFFER
shall mean a landscaped and/or natural area designed to act as a visual and sound screen between adjacent properties.
BUILDING
shall mean a combination of material to form a structure adapted to permanent, temporary or continuous occupancy, having a roof and being permanently affixed to the land, and designed or used for shelter, housing, enclosure of persons, animals, chattel or movable property.
BUILDING HEIGHT
The vertical dimensions measured from the crown of the nearest improved street on which the building or structure is located to the horizontal plane of the highest point of the roof of the structure or building. The point in the crown of the street from which the measurement is taken shall be the midpoint between the extension of the side lines of the lot which intersect the crown of said improved streets. The height limitations of this chapter shall not apply to church spires, noncommercial antennas, belfries, cupolas, chimneys, ventilators, skylights provided that no fire hazard is created and provided that such exemption covers not more than 10% of the roof area and no greater than 10 feet above the permitted height. For properties within the area inundated by the 100-year flood, the building height is measured from the base flood plain elevation level instead of the crown of the street. Parapets shall also not be included in the height calculation as long as they used to shield mechanical equipment and do not exceed four feet above the baseline roof elevation. The definition of building height is further amended to include guidance on corner lots; in particular, the crown shall be considered from the street of the highest elevation.
[Ord. No. 2014-04 S 1; amended 3-25-2019 by Ord. No. 2019-02]
BUILDING LINE
shall mean a line formed by the intersection of a horizontal plane and a vertical plane that coincides with the most projected perimeter of the building, excluding eves and overhangs. Eves and overhangs shall not project more than two (2') feet into any required yard area. All requirements are measured to the building line.
[Ord. #2014-04 S 4]
BUILDING, PORTABLE
shall mean a structure, including, but not limited to, tents, lunch wagons, trailers, dining cars, camping vehicles or other structures on wheels or chassis, designed to be capable of being carried or transported from place to place.
BUILDING, PRINCIPAL
shall mean a building or buildings in which is conducted the main or principal use of the site on which it is situated.
BULKHEAD
shall mean a retaining wall created along a body of water behind which fill is placed.
CALIPER
shall mean the diameter of a tree trunk measured in inches at the specified level above grade.
CAMPER
shall mean any person who occupies a campsite for its intended purpose.
CAMPGROUND
shall mean a plot of ground upon which two (2) or more campsites are located, established or maintained for occupancy by camping units of the general public as temporary quarters for children or adults, or both, for recreation or vacation purposes.
CAMPING UNIT
shall mean and include any tent or camping vehicle temporarily located in a campsite, or a cabin, lean-to or similar structure established or maintained and operated in a campground as temporary living quarters for children or adults, or both, for recreation or vacation purposes, but shall not include any camping unit kept by its owner on land occupied by him/her in conjunction with his dwelling or any camping unit which is not occupied and which is kept at a campground for storage purposes only at a location reserved for the storage of such camping units.
CAMPING VEHICLE
shall mean and include any camp trailer, travel trailer or other unit built or mounted on a vehicle or chassis, designed without permanent foundation, which is used for temporary dwelling or sleeping purposes and which, under the provisions of Title 39 of the Revised Statutes of New Jersey, may be legally driven or towed by a motor vehicle on a highway.
CAMPSITE
shall mean and include any plot of ground within a campground intended for the exclusive occupation by a camping unit or units under the control of a camper.
CAPITAL MUNICIPAL IMPROVEMENT
shall mean a governmental acquisition of real property or a major construction project.
CAR LOT, USED
shall mean a place of business for the sale of used motor vehicles.
CARPORT
shall mean a structure attached or made a part of the main structures which is open to weather on at least two (2) sides and which is intended for the use of sheltering motor-driven vehicles.
CHANGE IN USE
shall mean any alteration or modification which results in a use not substantially of the same kind or purpose as the original use, including but not limited to the following circumstances:
a. 
Any change from a residential use to any nonresidential use;
b. 
Any change in use from any existing or permitted use to any conditional use;
c. 
Any change from any existing or permitted use to a different permitted use where the new use would be classified as falling within a more intensive use category than would the old use, when such comparison is applied to the following general use categories arranged from less intense to more intense (for example, retail business is deemed more intense than professional office which is deemed more intense than residential use, etc.);
d. 
Any change in use which would yield a higher number of parking stalls, number of employees, or an increase in the hours of operation.
e. 
Any change in use which would increase the anticipated yield of sanitary sewage.
f. 
Any change in use which will increase water supply requirements for the structure as compared to the existing use(s).
CHURCH
shall mean a building, including the property it occupies, used as the regular site for traditional services, meetings, and/or gatherings of an organized religious body presided over by an officially recognized leader. This term shall include all religious denominations.
CIRCULATION
shall mean systems, structures and physical improvements for the movement of people, goods, water, air, sewerage or power or drainage by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits.
CLUBS, LODGES, FRATERNAL, SOCIAL AND RECREATIONAL BUILDINGS
shall mean a building principally used to house any club, lodge, fraternal, social, recreational, athletic, patriotic or civil organization and their attendant activities, whether private or public.
COMMERCIAL VEHICLE
shall mean any motor vehicle which is registered as a commercial vehicle with the New Jersey Motor Vehicle Commission or with a similar agency from any other State.
COMPLETE APPLICATION
shall mean an application form completed as specified by ordinances of the Borough and the rules and regulations of the Zoning Board of Adjustment and the Planning Board of the Borough, and all accompanying documents required by ordinance for approval of the application for development, including where applicable, but not limited to, a site plan or subdivision plan; provided that the municipal agency may require such additional information not specified in the ordinance, or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Zoning Board of Adjustment or the Planning Board of the Borough. An application shall be certified as complete immediately upon the meeting of all requirements specified in the Chapter and in the rules and regulations of the Zoning Board of Adjustment and the Planning Board, and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the Zoning Board of Adjustment or the Planning Board.
CONDITIONAL USE
shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this Chapter, and upon the issuance of an authorization therefor by the approving authority.
COUNTY MASTER PLAN
shall mean a composite of the Master Plan for the physical development of Ocean County, with the accompanying maps, plats, charts, descriptive and explanatory matter adopted by the County Planning Board pursuant to R.S. 40:27-2 and R.S. 40:27-4.
COUNTY PLANNING BOARD
shall mean the Planning Board of Ocean County.
COVERAGE, BUILDING
shall mean the square footage or other measurements by which all buildings occupy a lot as measured on a horizontal plane around the periphery of the foundations, including, additionally, both the area under the roof of any structure supported by columns, but not having walls, as measured around the outside of the outermost extremities of the roof above the columns, and the area under cantilevered structures.
COVERAGE, LOT
shall mean the area of the lot which is covered by buildings and other impervious coverage.
[Ord. #2014-09]
DAYS
shall mean Calendar days.
DENSITY, RESIDENTIAL
shall mean the number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development.
DEVELOPER
shall mean the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
shall mean the division of a parcel of land into two (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required.
DORMER
[Ord. #2014-04 S 5; deleted by Ord. #2014-09]
DRAINAGE
shall mean the removal of surface water or ground water from land by drains, grading or other means and includes control of run-off to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE, DETENTION OR RETENTION BASINS
shall mean a man-made or natural water collector facility designed to collect and control surface and subsurface water so as to impede and gradually release the flow into the natural or man-made outlets (i.e. storm sewer system or stream).
DRAINAGE RIGHT-OF-WAY
shall mean the lands required for the installation of storm water sewers or drainage ditches, or required along a natural stream or water-course for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
DWELLING
shall mean a building or portion thereof designed or used exclusively for one (1) or more residential units.
DWELLING, MULTIPLE
shall mean a building designed for or containing three (3) or more dwelling units, which are entirely separated from each other by vertical walls or horizontal floors.
DWELLING, SINGLE-FAMILY
shall mean a building designed for or containing one (1) dwelling unit.
DWELLING, TWO-FAMILY
shall mean a building designed for or containing two (2) dwelling units, which are entirely separated from each other by vertical walls or horizontal floors.
DWELLING UNIT
shall mean a building or part thereof having cooking, sleeping and sanitary facilities designed for or occupied by one (1) family and which is entirely separated from any other dwelling unit in the building by vertical or horizontal floors and with an independent access.
EFFICIENCY UNIT
shall mean one (1) room dwelling unit, in conjunction with a motel or hotel, having separate kitchen and bath facilities, occupied by one (1) family and being part of an efficiency structure.
[Ord. #2014-04 S 7]
EMPLOYEE
shall mean an employee is a person who provides labor and services, with or without compensation.
ENVIRONMENTAL COMMISSION
shall mean a municipal advisory body created pursuant to P.L. 1968, c. N.J.S.A. 40:56A-1 et seq.
EROSION
shall mean the detachment and movement of soil or rock fragments by water, wind, ice, gravity, or other natural means.
ESSENTIAL SERVICES
shall mean underground gas, electrical, telephone (but not including wireless telecommunications facilities), telegraph, steam or water transmission or distribution systems, including mains, drains, sewers, pipes, conduits, and cables, including the equipment and appurtenances necessary for these systems, such as fire alarm boxes, police call boxes, light standards, poles, traffic signals, hydrants and other related equipment and accessories in connection therewith reasonably necessary for the furnishing of an adequate level of service by public utilities or municipal or governmental agencies or for the public health, safety or welfare.
FAMILY
shall mean one (1) or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of servants. One (1) or two (2) persons living and working together as a single housekeeping unit though not directly related by blood, adoption or marriage shall be deemed a family.
FENCE
shall mean a barrier to prevent escape or intrusion or to mark a boundary usually, but not necessarily, constructed of wood, rails, posts and/or wire.
FINAL APPROVAL
shall mean the official action of the approval authority taken on preliminary approved major subdivisions or site plans after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion or approval conditioned upon the posting of such guarantees.
FLOOR AREA
shall mean the sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of exterior walls or from the centerline of walls separating two (2) or more buildings. In particular, the floor area of a building shall include:
a. 
Basement Space. Provided same has a ceiling height of seven (7') feet or more.
b. 
Stairwells;
c. 
Attic Space (whether or not a floor has actually been laid) however just the area directly under a headroom of seven (7') feet or more.
d. 
Enclosed Porches;
e. 
First Floor Areas shall be considered as first floor area where it has a clear height of at least seven feet, six (7' 6") inches and is not more than three (3') feet below the proposed average ground level providing that the First Floor elevation is a minimum of two (2') feet above the center line of the street.
[Ord. #2014-04 S 8]
f. 
Second Floor Area shall be considered as Floor Area only where the side walls are at least four (4') feet in height over a finished floor and reach a ceiling height of at least seven feet, six (7' 6") inches.
[Ord. #2014-04 S 9]
g. 
Split Level Dwellings shall be considered as a one-story or ground level dwelling unless a third level is constructed. To be considered a split level dwelling, a building shall contain three (3) or more floor levels each separated from the adjoining floor level from a vertical distance of more than one foot three (1' 3") inches, but less than seven (7') feet.
h. 
Accessory Buildings, including garages shall not be included in computing minimum floor area.
i. 
First Floor shall be considered the first story.
[Ord. #2014-09 S 2]
FLOOR PLANS AND ELEVATIONS, PRELIMINARY
shall mean architectural drawings showing floor layout and front, side and rear view, prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scope and scale.
[Ord. #2014-04 S 10]
GARAGE, PRIVATE
shall mean a building or space used for storing motor vehicles as an accessory to the main building and in which no occupation, business or service for profit is carried on.
GARAGE, PUBLIC
shall mean a building or space other than a private garage which is used for storage, repair, rental, greasing, servicing, adjusting or equipping of automobiles, or other motor vehicles.
GASOLINE FILLING STATIONS
shall mean any area of land, including structures thereon, that is used for retail sale of gasoline, diesel, or other motor vehicle fuel.
GOVERNING BODY
shall mean the Mayor and Council of the Borough of Point Pleasant.
GRADE, FINISHED
shall mean the elevation of the completed surface of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto, or already in existence.
GROSS VEHICLE WEIGHT RATING
shall mean the weight rating assigned by the vehicle's manufacturer and as marked on the vehicle.
GUARANTEE, PERFORMANCE
shall mean any security, including cash, to ensure completion of improvements required as part of a development application approval as herein provided.
HISTORIC SITE
shall mean any building, structure, area or property that is significant in the history, architecture, archeology or culture of this State, its communities or the Nation and has been so designated pursuant to law.
HOSPITAL
shall mean a building or series of buildings primarily for treatment of patients to be housed on the premises, and providing health, medical and surgical care for sick or injured human beings, including as an integral part of the buildings such related facilities as laboratories, out-patient departments, training facilities, central service facilities and staff offices. The definition "hospital" shall not include nursing homes, medical care centers, outreach centers, HMO's and the like.
IMPERVIOUS COVERAGE
shall mean any man-made material, including but not limited to bituminous concrete, Portland cement concrete, asphaltic roofing, metal roofing and sheet plastic; or, natural materials, including but not limited to clay, slate and wood which, due to its placement prevents natural absorption and percolation of precipitation into the grounds and soils of the Borough of Point Pleasant. Brick pavers constructed on suitable porous bedding as determined by the Borough Construction Department or Engineer shall be considered fifty (50%) percent impervious with the exception of driveways which shall be considered one hundred (100%) percent impervious. This standard shall apply to all paver systems as well as other engineered materials other than those exclusively designed to be pervious as determined by the Borough Construction Department or Engineer.
[Ord. #2014-04 S 11; Ord. #2014-09 S 2]
All driveways shall be considered an impervious surface even if constructed using stone or other materials typically deemed as pervious since the underlying soil generally becomes compacted resulting in direct runoff.
Swimming pools shall also be construed as a pervious surface for the purpose of the lot coverage requirement under this chapter since they primarily serve as a stormwater sink.
INSTITUTIONS: FRATERNAL, BENEVOLENT, RELIGIOUS, AND/OR CHARITABLE
shall mean organizations and associations and their buildings which are not operated for profit and which meet for social purposes or some other common interest or pleasure such as assemblage for religious worship and instruction, pursuit of literature, science or politics, brotherhoods, orders and/or societies which promulgate good fellowship and acts of kindness and which perform a social service in providing care and living accommodations for their own members or special groups in society such as homes for the aged and orphanages.
JUNKYARD
shall mean the use of more than one hundred (100) square feet of the area of any lot, whether or not inside a building, or the use of any portion of that half of any lot that adjoins any street, for the storage, collection, abandonment, sale, purchase or barter of waste paper, rags, scrap metal, used or discarded material of any nature whatsoever, including material accumulated by virtue of the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.
[Ord. #2014-04 S 12]
KENNEL
shall mean any lot, building, structure or premises on which dogs, cats or any other types of animals are boarded, bred, treated or sold.
LAND
shall mean and include improvements and fixtures on, above or below the surface.
LOT
shall mean a designated parcel, tract or area of land established by a plat or otherwise permitted by law to be used, developed or built upon as a unit.
LOT AREA
shall mean the size of a lot measured within the lot lines and expressed in terms of acres or square feet, but excluding that part of a lot included within a street right-of-way.
LOT CORNER
shall mean a parcel of land at the intersection of and fronting on two (2) or more streets.
LOT DEPTH
shall mean a horizontal distance between the front and rear lot line, measured from the front line back to the rear line and generally parallel to the side line, provided that for triangular lots having no rear lot line, the distance shall be measured to the midpoint of a line parallel to the front lot line which shall be not less than ten (10') feet in length measured between its intersection with the side lot lines. On a corner lot, lot depth shall be measured from its greater frontage and lot width shall be measured from its lesser frontage.
LOT FRONTAGE
shall mean that portion of a lot extending along a street line. The minimum lot width and front yard setback shall be required to be related to all lot frontages. On streets with an outside radius of less than five hundred (500') feet, the lot frontage may be reduced to as low as fifty (50%) percent of the required lot width for the district and use. In all other cases the lot frontage shall be not less than the required lot width.
LOT WIDTH
shall mean the horizontal distance between the side lot lines measured at right angles to its depth. Required lot width shall be measured at the most forward allowable building line or setback line, however, the mean lot width shall not be less than the required lot width, and width at the street line shall in no case be less than twenty-five (25') feet.
MAJOR STREET
shall mean a primary or secondary arterial street as noted on Figure 7 — Circulation Plan, delineated in the Master Plan, last revised in 1999. These streets are limited to State Highway Route 88, Herbertsville Road, Bridge Avenue, Beaver Dam Road, Arnold Avenue, Bay Avenue and River Road.
[Ord. #2014-04 S 13]
MAJOR SUBDIVISION
See "Subdivision, Major."
MAP, OFFICIAL
shall mean a Map adopted in accordance with N.J. 40:55D-32 through 36. Such a map shall be deemed to be conclusive with respect to the location and width of the streets, public parks and playgrounds and drainage right-of-way shown thereon.
MASTER PLAN
shall mean a composite of the mapped and written proposal guiding the physical development of the Borough as adopted by the Planning Board of the Borough pursuant to N.J. 40:55D-28.
MEMBRANE STRUCTURE
shall mean a temporary portable shelter enclosed with materials such as canvas or plastic, secured to a supporting metal, plastic or other conduit or poles and secured to the ground with an anchoring system.
MINOR SITE PLAN
See "Site Plan, Minor."
MINOR SUBDIVISION
See "Subdivision, Minor."
MIXED USE BUILDING
shall mean a building which contains both residential and nonresidential uses in a proportion permitted by the Chapter to be developed in conformance with an approved plan establishing the location, type, scale, and intensity of uses.
MOBILE HOME
shall mean a dwelling unit, factory built and factory assembled, designed for conveyance after fabrication, on streets and highways on its own wheels or on flatbed or other trailer and arriving on site where it is to become a dwelling complete and ready for occupancy except for minor incidentals including utility hookups. A prefabricated home shall not be included in this definition.
MOTEL OR HOTEL
shall mean a building containing units used, rented or hired out to be occupied for sleeping purposes for temporary guests. Five (5%) percent of the rooms may be efficiency units as defined in this Chapter.
[Ord. #2014-04 S 14]
NIGHTCLUB
shall mean an establishment which provides food and/or alcoholic beverages to the general public and which is devoted predominantly to entertainment by way of live or electronic means and further which has more than one (1) lineal foot of bar per hundred (100) square feet of floor area.
NONCONFORMING BUILDING
shall mean any building or structure which:
a. 
Does not comply with all of the regulations of this Chapter governing bulk for the zoning district in which such building or structure is located; or
b. 
Is designed or intended for a nonconforming use.
NONCONFORMING LOT
shall mean a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this Chapter but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
shall mean a structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this Chapter but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING USE
shall mean a use or activity which was lawful prior to the adoption, revision or amendment of this Chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
OCCUPANCY, CERTIFICATE OF
shall mean a certificate issued by the Construction Department upon completion of construction on buildings and grounds, which certifies that all requirements of this Chapter and/or such adjustments thereof which may have been granted are in compliance.
OFF-SITE
shall mean located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF-TRACT
shall mean not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON-SITE
shall mean located on the lot in question.
ON-TRACT
shall mean located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OWNER
shall mean the individual, firm, association, syndicate copartnership or corporation in whom is vested the title of the property which is the subject of an application so as to commence and maintain proceedings to obtain approval under this Chapter.
PARKING LOT, COMMERCIAL
shall mean any lot which is devoted to the parking of automobiles for a fee.
PARKING SPACE
shall mean an area provided for the parking of a motor vehicle.
PARSONAGE
shall mean the building, including the property it occupies, used to house the officially recognized leader(s) of an organized religious body within the Borough. This term shall include all religious denominations and will include any ancillary use to a church facility.
PARTY IMMEDIATELY CONCERNED
shall mean for purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under Section 7 of Chapter 291 of the Laws of New Jersey, 1975.
PARTY INTERESTED
shall mean:
a. 
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and
b. 
In the case of a civil proceeding in any court or in an administrative proceeding before a Borough agency, any person, whether residing within or without the Borough whose right to use, acquire or enjoy property is or may be affected by any action taken under this act, or under any other law of this State or of the United States has been denied, violated or infringed upon by an action or a failure to act under Chapter 291.
PATIO
shall mean a level pre-paved surface normally or customarily used as an exterior sitting area and having no integral structural connection to any building.
PLANNING BOARD
shall mean the Municipal Planning Board of the Borough established pursuant to Chapter 291 of the Laws of New Jersey, 1975.
PLAT
shall mean a map or maps of a site plan or subdivision.
PLAT, FINAL
shall mean the final map of all or a portion of the subdivision which is presented to the approving authority for final approval in accordance with these regulations, and which if approved shall be filed with the proper County Recording Officer.
PLAT, PRELIMINARY SUBDIVISION
shall mean a reasonably accurate map indicating the proposed layout of a development and related information that is submitted for preliminary appeal in accordance with the provisions of this Chapter.
PLAYGROUND
shall mean any publicly owned land purchased and/or operated for recreational purposes or for the preservation of open space.
PRELIMINARY APPROVAL
shall mean the conferral of certain rights pursuant to sections 34, 36, and 37 of P.L. 1975, c.291 (C.40:55D-46, C.40:55D-48, C.40:55D-49), prior to final approval after specific elements of a development plan have been agreed upon by the approval authority and the applicant.
PROFESSION
shall mean an occupation, such as: attorneys, artists, architects, authors, doctors and physicians, dentists, land surveyors, ministers, musicians, optometrists, professional engineers, photographers and such other similar professional occupations which would require a degree from a college or higher educational facility, or which may be so designated by the Board of Adjustment, upon finding by such Board that such occupation is truly "professional" in character by virtue of the need for similar training, and experience as a condition for the practice thereof, and that the practice of such occupations shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone to any greater extent than would the professional activities listed herein. The granting of a State or local license for the regulation of any such occupation shall not be prima facie evidence of professional standing.
PROFESSIONAL OFFICE, HOME
shall mean the office of a member of a recognized profession herein. When such office is combined with the residence, the office shall be the individual office of only one (1) member, without associates or partners, and with office personnel limited to not more than two (2) persons; the area of the office shall not exceed twenty-five (25%) percent of the total floor area of the building.
PUBLIC DEVELOPMENT PROPOSAL
shall mean a Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or amendment thereto.
PUBLIC DRAINAGE WAY
shall mean the land reserved or dedicated for the installation of storm water sewers and structures or drainage ditches, and swales, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
RECREATIONAL VEHICLE
shall mean any kind of motor vehicle built primarily for use by its occupants in the pursuit of leisure time activities, including but not limited to vans, campers and other such vehicles which provide temporary sleeping and/or cooking facilities.
RESTAURANTS AND EATING ESTABLISHMENTS
shall mean any establishment, however designated, regularly or principally used for the purpose of providing meals to the public, having an adequate kitchen and dining room, equipped for the preparing, cooking and serving of foods for its customers and in which no other business, except such as is incidental to such establishment, is conducted. However, a snack bar at a public or a community recreation facility, operated solely by the public agency controlling the recreation facility for the convenience of the patrons of the facility, shall not be deemed a restaurant for purposes of this Chapter.
[Ord. #2014-03 S 1]
RESUBDIVISION
shall mean:
a. 
The further division of relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or
b. 
The alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
SALES ROOMS, AUTOMOBILE
shall mean a place of business where the primary purpose is the sale of new motor vehicles, having a building with showrooms, office space and enclosed repair and maintenance facilities.
SCREEN AND FENCING
shall mean natural and/or artificial barriers designed to act as a visual and sound screen between adjacent properties.
SEDIMENTATION
shall mean the deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SERVICES, EMERGENCY
shall mean those services which are critical to protect the health, welfare and safety of residents, such as police and fire protection, first aid, etc.
SERVICES, ESSENTIAL
shall mean facilities installed or maintained by a public utility or governmental agency including gas, electric, phone, water, sewerage and other similar services necessary to provide adequate utility services necessary to the general health, safety and welfare of the public.
SETBACK
shall mean the minimum horizontal distance between the street, rear or side lines of the lot and the front, rear or side setback line. When two (2) or more lots under one (1) ownership are used, the exterior property lines so grouped shall be used in determining setbacks. In cases of a lot, which access is by private easement, which does not front on a municipal street or right-of-way, the access easement shall be deemed a "street" for purposes of determining setback requirements.
SETBACK LINE
shall mean a building line parallel to a lot line delineating the minimum required yard area.
SHOPPING CENTER
shall mean a group of commercial establishments planned, developed and managed as a unit in an enclosed building or buildings and utilizing such common facilities as customer parking areas, pedestrian walks, truck loading and unloading space, and utilities, and central sanitary disposal facilities.
SIGN
shall mean any device, structure, or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge or insignia of any public, quasi-public, civic, charitable or religious group.
SITE PLAN
shall mean a development plan of one (1) or more lots on which is shown:
a. 
The existing and proposed conditions of the lot, including but not necessarily limited to, topography, vegetation, drainage, floodplains, marshes and waterways;
b. 
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and
c. 
Any other information that may be reasonably required in order to make an informed determination by the approving authority.
SITE PLAN, MINOR
shall mean a development plan of one (1) or more lots which:
a. 
Proposes new development within the scope of developments specifically permitted by this Chapter as a minor site plan;
b. 
Does not involve planned development, any new street or extension of any off-tract improvement which is to be pro-rated pursuant to N.J.S.A. 40:55D-42; and
c. 
Contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met.
SPACE, OPEN
shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets, and off-street parking and other improvements that are designated to be incidental to the natural openness of the land.
SPACE, OPEN COMMON
shall mean an open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development.
SPACE, PUBLIC OPEN
shall mean an open space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, State or County Agency, or other public body for recreational or conservation uses.
STANDARDS, GENERAL
shall mean that which is set up and established by authority as a rule for the measure of quantity, weight, extent, value or quality.
STANDARDS, PERFORMANCE
shall mean a measure of performance in relation to standards regulating quantity, weight, extent, value, quality or other.
STANDARDS, REGULATIONS
shall mean standards:
a. 
Regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions, and such other similar matters as may be reasonably required by the Borough;
b. 
Required by applicable Federal or State laws or municipal ordinances.
STORY
shall mean that part of a building between the surface of any floor and the next floor above it, or in its absence, the finished ceiling or roof above it. A split level story shall be considered a second story if its floor level is four (4') feet or more above the level of the line of the finished floor next above it except a cellar.
STORY, HALF OR ATTIC, HABITABLE
is defined as an attic which has a legal stair and egress windows. The ceiling area at a height of seven (7') feet above the attic floor is not more than five hundred (500 sf) square feet or one-third (1/3) of the area of the next floor below, whichever is less. The slope of the primary roof may not be less than 5:12.
[Ord. #2014-04 S 1; Ord. #2014-09 S 2]
STREET
shall mean a highway, thoroughfare or right-of-way dedicated or commonly devoted to public use for street purposes.
a. 
Major Streets: The following streets shall be considered major streets: Bay Avenue, Bridge Avenue, Beaver Dam Road, Lakewood Road, River Road, Arnold Avenue, Herbertsville Road, Ocean Road.
b. 
Minor Streets: All other streets shall be deemed minor streets.
STREET GRADE
shall mean the established grade of the front street upon which a lot abuts at the midpoint of the frontage of such lot.
STREET LINE
shall mean the dividing line between a lot and the street right-of-way contiguous thereto.
STRUCTURE
shall mean any combination of materials forming a construction, the use of which requires location in or upon the ground or attachment to something having a location in or upon the ground, including among other things, buildings, fences, walls, signs, radio towers, swimming pools, light stations and platforms.
SUBDIVIDER
shall mean any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings to effect a subdivision of land for himself or for another.
SUBDIVISION
shall mean the division of a lot, tract or parcel of land into two (2) or more lot, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this act, if no new streets are created:
a. 
Divisions of land found by the Planning Board or subdivision committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size;
b. 
Divisions of property by testamentary or intestate provisions;
c. 
Divisions of property upon court order, including but not being limited to judgments of foreclosure;
d. 
Consolidation of existing lots by deed or other recorded instrument; and
e. 
The conveyance of one (1) or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown as designated by separate lots, tracts or parcels on the tax map or atlas of the Borough. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION, MAJOR
shall mean any proposed subdivision which would not qualify as a minor subdivision of land shall be a major subdivision.
SUBDIVISION, MINOR
shall mean a subdivision of land for the creation of a number of lots specifically permitted by ordinance as a minor subdivision; provided that such subdivision does not involve:
a. 
A planned development;
b. 
Any new street; or
c. 
The extension of any off-tract improvement, the cost of which is to be pro-rated pursuant to N.J.S.A. 40:55D-42.
TRAILER
shall mean any vehicle, mobile home or similar conveyance usually having no permanent foundation other than wheels, jacks or skirting, and so designed or constructed as to permit occupancy for dwelling or sleeping purposes. It shall also include any unit that is not capable of moving on its own power, but rather must be normally, either towed, pulled or pushed, such as boat trailers, landscaping trailers, and cartage trailers.
TRAILER CAMP OR PARK
shall mean a number of parked trailers serving as either a temporary or permanent housing project for workers, tourists or other persons.
TRANSCRIPT
shall mean a typed or printed verbatim record of the proceedings or reproduction thereof.
UNROOFED PORCH, DECK, ELEVATED PATIO OR TERRACE
shall mean a structure rising above the surface of the land upon which it rests or is connected to, without a roof, customarily used as an exterior sitting area or to facilitate an entranceway to a structure, connected or unconnected to a structure on the property.
URGENT CARE MEDICAL SERVICE FACILITY
shall mean a building or series of buildings primarily for the delivery of health care services for urgent, non-life-threatening medical care.
USE, CHANGE
shall mean a change in use from that of one (1) district classification to another, in connection with "alterations."
USE, PERMITTED
shall mean all uses specified in a particular zone, quoted in the section labeled "Permitted Uses" within the text of this Chapter.
USE, PROHIBITED
shall mean uses, specified or not, which are contrary to the intent of the Master Plan, this Chapter and Chapter 291 of the Laws of New Jersey, 1975, N.J.S.A. 40:55D-1, et seq.
USE OR USES, PRINCIPAL
shall mean the primary or main purpose for which a lot or building is being utilized.
VARIANCE
shall mean permission to depart from the literal requirements of this Chapter.
VIDEO GAME/AUTOMATIC AMUSEMENT DEVICE FACILITIES
shall mean any machine which, upon the insertion of a coin, slug, token, plate, disc or other vehicle, may be operated for use as a game, entertainment, test of skill, or amusement device, whether or not registering a score, including, but not limited to, such devices as marble machines, pinball machines, skeet-ball, mechanical grab machines, video games, and all games, operations or transactions similar thereto, under whatever name they may be indicated, but specifically excluding juke boxes. Video game/automatic amusement device facilities shall be considered, for zoning purposes, as the primary use of an establishment if there are more than two (2) video game/automatic amusement device facilities in the particular establishment. Any establishment having two (2) or less such video game/automatic amusement device facilities shall be considered utilizing same as an accessory use.
WALKWAY OR SIDEWALK
shall mean a way for carrying pedestrian traffic, and may be located within the street right-of-way provided for a street or may be located adjacent to a lot line, between lots, and laid out so that it may provide pedestrian traffic along a street or road.
YARD, FRONT
shall mean an open, unoccupied space extending the full width of the lot and situated between the setback line and the street right-of-way line of that lot. The term "setback line" shall be synonymous with the rearmost limit of the required front yard area.
YARD, REAR
shall mean the area created by rear yard setback.
YARD, SIDE
shall mean the area created by the side yard setback.
ZONING PERMIT
shall mean a document signed by the administrative officer:
a. 
Which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and
b. 
Which acknowledges that such use, structure or building complies with the provisions of Chapter XIX, Land Use, or variance therefrom duly authorized by an approving authority.
Editor's Note: Ord. #2014-04 S 3 deleted the definition of Boarding Homes.
[Ord. #601, S 109-5; Ord. #612; Ord. #90-8, SS 1, 3; Ord. No. 90-18, S 1; Ord. #1997-08, SS 1, 2]
Adoption of Official Zoning Map is amended to indicate the date of the map as August 24, 1988. The map, part of the Master Plan adopted by the Planning Board of the Borough of Point Pleasant on August 24, 1988, is hereby designated as the "Zoning Map" establishing zones or districts and is annexed hereto and declared to be part of Chapter XIX of the Code.
Editor's Note: The Zoning Map dated August 24, 1988, is on file in the Borough offices.
The Zoning Map dated May 1, 1990, as adopted by subsection 19-4.3, is included as an attachment to this chapter.
a. 
Ordinance No. 2016-10. The MFIZ-1 Multi-Family Inclusionary Zone is established.
[Ord No. 2016-10]
b. 
Ordinance No. 2016-11. Block 141 Lots 1 and 18 (646-648 Ocean Road and 1205 Brown Street). 25 x 50 foot strip of land on Lot 1 on corner of Tyler Street and Ocean Road formerly part of zoned General Commercial is rezoned in the R-1A Residential Zone as part of Lot 18.
[Ord. No. 2016-11]
c. 
Ordinance 2017-02. Affordable Housing Overlay Zone is established.
[Ord. No. 2017-02]
Editor's Note: Subsection 19-4.2, "Amendments to Zoning Map," previously contained herein, has been repealed in its entirety by Ordinance No. 90-8.
[Ord. #601, S 109-6; Ord. #1994-21, S 1; Ord. #2001-19, S 1; Ord. No. 2001-20, S 3; Ord. #2002-21; Ord. #2003-13, S 3]
The Official Zoning Map shall be identified by the signature of the Mayor, attested to by the Borough Clerk and shall bear the seal of the Borough under the following words: "This is to certify that this is the Official Zoning Map referred to in Chapter XIX, subsection 19-4.1 of the Code of the Borough of Point Pleasant" together with the adoption of this Chapter. The current zoning map is dated May 1, 1990 and is revised by Revision No. 4 dated October 24, 2002 and Map Exhibit A attached hereto.
Editor's Note: Map Exhibit A, Town Center, referred to herein is included as an attachment to this Chapter.
Editor's Note: The Schedule of District Regulations are included as an attachment to this Chapter.
[Ord. #601, S 109-9; Ord. #758, S 2; Ord. #90-8, SS 1, 3; Ord. #1997-08, S 3; Ord. #2001-19, S 1; Ord. #2001-20, SS 1, 2; Ord. No. 2016-10; Ord. No. 2017-02]
a. 
For the purpose of this Chapter, the Borough is hereby divided into the following districts:
R-1
Single-Family
R-1A
Single-Family
R-3
Residential and Office
RM
Residential Multi-Family
RM/POS
Residential Multi-Family/Public Open Space
NC
Neighborhood Commercial
GC
General Commercial
CM
Commercial and Multi-Family Mixed Use
TC
Town Center
W
Waterfront Commercial
b. 
The boundaries for each of the above zoning districts are shown on the Official Zoning Map of the Borough.
c. 
Overlay Zones.
MFIZ-1 Multi-family Inclusionary Zone
Affordable Housing Overlay Zone
[Ord. #601, S 109-10]
Where the street layout on the ground varies from the street layout as shown on the Official Zoning Map, or there is a doubt in a particular instance as to what boundary line is controlling, the question of such determination shall be adjudicated by the Board of Adjustment. The designation shown on the Official Zoning Map and as described herein shall be applied to the ground by the Board of Adjustment after due notice and public hearing (in accordance with the provisions of N.J.S.A. 40:55D-1, et seq.) in such a way as to carry out the intent and purpose of the map and this Chapter.
[Ord. #601, S 109-11; Ord. #695, S 4; Ord. #760, S 1; Ord. #833, S 1; Ord. #836, S 1; Ord. #90-8, SS 1, 4; Ord. #2002-14; Ord. #2003-13, SS 4—6; Ord. #05-2006, S 1; Ord. #2014-04 SS 14, 15, 16, 29; Ord. No. 2017-11; Ord. No. 2018-04; Ord. No. 2018-07; amended 3-14-2022 by Ord. No. 2022-05; 3-11-2024 by Ord. No. 2024-07]
Editor's Note: The Schedule of District Regulations are included as an attachment to this Chapter.
a. 
Use Regulations: No use shall be permitted in the zoning district in which it is proposed other than the uses listed in this Chapter as uses permitted by right, accessory uses or uses permitted by conditional use permit. The Board of Adjustment shall decide questions of interpretation of the use lists. In residential districts only one (1) principal use and/or building shall be permitted on any lot or combination of lots unless specifically permitted otherwise by this Chapter.
b. 
Space Regulations: No lot shall be smaller in area than the minimum lot for the zoning district in which it is located, as shown on the Official Zoning Map. No lot shall be smaller in width than the minimum lot width for the zoning district in which such lot is located, as shown on the Official Zoning Map.
c. 
Yard Regulations: No yard shall have a horizontal dimension measured from and at right angles to the nearest appropriate lot line of the lot less than the yard minimum for the zoning district in which such lot is located, as shown on the Official Zoning Map. No part of a yard, off-street parking space, loading space or other open space required about or in connection with any building for the purpose of complying with this Chapter shall be included as part of a yard, off-street parking space, loading space or other open space similarly required for any other building.
A yard is defined in Section 19-3 of this Chapter and is further defined and regulated as follows:
1. 
Yard, Front: A yard extending across the full width of the lot and lying between the street line of the lot and the nearest wall of the building or structure. The depth of the front yard shall be measured at right angles to the street line of the lot. Where applicable, these yard depths shall be established from the street line established by the planned or "Official Map" right-of-way limits adopted by the Borough.
(a) 
Depth of required front yards shall be measured at right angles to a straight line adjoining the foremost points of the side lot line: The foremost point of the side lot line, in the case of rounded property lines at street intersections, shall be assumed to be the point at which the side and front lot line would have met without such rounding. Front and rear yard lines shall be permitted.
(b) 
In the case of corner lots, the setback line of one (1) portion of the building must conform to the front setback line of one (1) of the adjacent streets, and the other side of the building adjacent to the other street must be fifteen (15') feet from the property line. The narrowest dimension of the lot on a street shall be considered the front of the lot provided, however, on major streets, that portion fronting on a major street shall be considered the front of the lot.
(c) 
Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot line. The foremost point of the side lot lines, in the case of rounded property lines at street intersections, shall be assumed to be the point at which the side and front lot line would have met without such rounding. Front and rear yard lines shall be permitted.
2. 
Yard, Side: An open, unoccupied space between the side line of the lot and the nearest wall of the building or structure and extending from the front yard to the rear yard, or, in the absence of either of such yards, to the front or rear lot lines, as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.
(a) 
In the case of through lots, side yards shall extend from the rear lines of the front yard required. In the case of corner lots, the yard opposite the designated front yard, according to the provisions of subsection 19-5.3c,1, shall be considered the rear yard.
(b) 
Width of required side yard shall be measured at right angles to a straight line joining the ends of front and rear lot lines on the same side of the lot. The inner side yard line of a required side yard shall be parallel to the straight lines so established.
3. 
Yard, Rear: A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest wall of the building or structure. The depth of a rear yard shall be measured at right angles to the rear lot line in the same manner as specified herein for the measurements of lot depth.
d. 
Height and Coverage Regulations: No structure on a lot shall exceed the maximum height or coverage for the zoning district in which such lot is located, as shown on the Official Zoning Map. The building height of the principal structure with a flat roof shall not exceed twenty-eight (28') feet. A flat roof shall be defined for purposes of this section as a roof that is not pitched and the surface of which is generally parallel to the ground.
e. 
In any zoning district of the Borough, chimneys constructed on dwellings shall not be permitted to extend beyond the foundation line of the side of the building by more than twenty-four (24") inches. In computing the width of the side yard where a chimney is constructed, the width shall be computed from the wall of the building or structure and not from the outer perimeter of the chimney.
f. 
Unroofed Porches, Decks, Patios and Terraces. The following regulations shall apply to all proposed unroofed porches, decks, elevated patios or terraces constructed within the Borough of Point Pleasant:
1. 
Unroofed porches, decks, elevated patios or terraces shall be prohibited from encroaching within the area twenty-four (24") inches from the side yard property line, except as may be set forth herein.
2. 
Any deck, unroofed porch, terrace or elevated patio which does not, at any point, exceed twenty-four (24") inches in height, as measured herein, shall be permitted to extend to the rear property line for waterfront properties. For all other properties, any such deck, unroofed porch, terrace or elevated patio shall not encroach within the area forty-eight (48") inches from the rear yard property line.
[Ord. #2014-04 S 16]
3. 
The height of unroofed porches, decks, elevated patios or terraces shall be measured perpendicularly from the surface of the platform to the existing finished grade. The maximum height of a deck in a Flood Zone that encroaches into the 25-foot rear yard setback shall be the base flood elevation, as defined in subsection 19-37.1 of the Borough Code, plus two (2') feet.
[Ord. No. 2017-11; Ord. No. 2018-07]
4. 
Any deck, unroofed porch, terrace or elevated patio which does not, at any point, exceed twenty-four (24") inches in height, as measured herein, shall be permitted to have a handrail affixed thereto providing that the rail does not exceed four (4') feet in height from the finished height of the deck of the structure. Such handrails shall have at least two (2") inch spacing between interior components, said interior components shall not exceed fifty (50%) percent of the surface area of the structure, and the rail shall be constructed in a manner consistent with the Uniform Construction Code.
5. 
Any portion of a deck, unroofed porch, elevated patio or terrace which exceed twenty-four (24") inches in height as measured herein, shall be prohibited from encroaching into any setback yards with the exception that any unroofed porch, stoop, or a stairway or other device constructed to facilitate the structures on the property from a side entranceway of said structures, may encroach into the side yard area, but not within the area twenty-four (24") inches from the side yard property line and provided further that such unroofed porch, stoop, stairway or other device may not exceed twenty-five (25) square feet in area. The intent of this exception is to accommodate a single entranceway of the structure and not to extend or continue around to other decks, elevated patios, unroofed porches or terraces.
6. 
One deck in a Flood Zone may encroach within the 25-foot rear yard setback as measured from the property line, provided the following apply:
[Ord. No. 2017-11; Ord. No. 2018-07]
(a) 
The maximum square feet of the deck in a Flood Zone shall not exceed two hundred (200) square feet;
(b) 
The minimum rear yard setback of the deck in a Flood Zone shall be fifteen (15') feet; and
(c) 
The minimum side yard setback of the deck in a Flood Zone shall be ten (10') feet.
7. 
Notwithstanding anything herein to the contrary, a walkway, not to exceed five (5') feet in width and parallel to a bulkhead or parallel to a property line on waterfront properties shall be exempt from the twenty-four (24") inch encroachment requirements set forth herein.
[Ord. No. 2017-11]
8. 
These regulations shall be applicable only to unroofed porches, decks, elevated patios or terraces constructed subsequent to the effective date of this paragraph f. and all such unroofed porches, decks, elevated patios or terraces constructed prior to the effective date of this paragraph f. shall not be required to comply with these regulations or any other prior regulations or requirements respecting such unroofed porches, decks, elevated patios or terraces.
[Ord. No. 2017-11]
9. 
As used herein the term "deck" shall mean a flat surface capable of supporting weight, similar to a floor, but typically constructed outdoors, often elevated from the ground and usually connected to a building.
[Ord. No. 2017-11]
g. 
Sheds.
[Amended 3-14-2022 by Ord. No. 2022-05]
1. 
As used herein, a shed shall mean an accessory building, as defined in Section 19-3, which is used solely for the storage of personal property, excluding motor vehicles. A shed shall be fully enclosed so as to obscure its contents from the public.
2. 
The following regulations shall apply to all proposed sheds constructed within the Borough of Point Pleasant:
(a) 
No shed shall exceed two hundred (200) square feet in area;
(b) 
No shed shall exceed ten (10') feet in height;
(c) 
No shed shall encroach into the front yard setback;
(d) 
No shed shall encroach within the area twenty-four (24") inches from the rear yard property line;
(e) 
No shed shall encroach within twenty-four (24") inches from the side yard property line;
(f) 
No shed shall be located within five (5) feet of the principal building located on the same lot.
(g) 
Sheds shall be located exclusively in side and rear yard lot areas. Sheds shall not be located in a front yard area.
[Ord. #2014-04 S 15]
(h) 
If the property borders a body of water, all sheds shall have a fifteen (15') foot rear yard setback.
[Added 3-11-2024 by Ord. No. 2024-07]
3. 
In the event that a new shed is to be constructed or located on any property, and the proposed shed does not exceed two hundred (200) square feet in size, and furthermore does not violate any setback requirements as set forth herein, then and under those circumstances notwithstanding the fact that the shed will be located on a property which for other reasons is a preexisting nonconforming use, the addition of the shed on the preexisting nonconforming property will not require a variance application in order to allow the shed to be located on the preexisting nonconforming property. To that extent and that extent only the preexisting nonconformity will not be deemed to have increased or exacerbated because of the installation and location of a shed having no more than two hundred (200) square feet in size on the property.
4. 
All sheds, which are constructed prior to the effective date of this section, which do not meet the above standards, shall be considered to be preexisting nonconforming structures.
h. 
Accessory Buildings. Except as may be specifically provided for otherwise in this Chapter, the following provisions shall apply to accessory buildings in residential zones:
[Amended 3-14-2022 by Ord. No. 2022-05]
1. 
General Location of Accessory Structures and Uses. Accessory buildings shall be located on the same lot as the principal building, structure or use to which they are accessory, unless specifically permitted otherwise by this Chapter.
2. 
Distance from Principal Building. An accessory building and/or structure shall be located a minimum of five (5) feet from any principal building located on the same lot
3. 
The total aggregate area of all accessory buildings or structures on a single-family residential lot, with the exception of a swimming pool, shall not exceed six hundred (600) square feet.
4. 
No jacuzzi/hot tub shall be located less than three (3) feet from the outside wall of the principal structure.
i. 
Two and one-half story, single-family residential dwellings shall be permitted uses in all residential zones, including R-1; R-1A; R-3; RM; RM/POS Zones, provided that all other zoning standards and requirements are adhered to such as building height, lot coverage and all regulations of this Chapter.
j. 
Handicap Ramps.
In the event that a wheelchair ramp needs to be installed for a one- and two-family residential dwelling, the Zoning Officer may authorize the installation of a wheelchair/handicap ramp and same may encroach within the required setbacks, provided the applicant complies with the following criteria:
[Ord. No. 2018-04]
1. 
The wheelchair ramp shall be designed so as to encroach the minimum distance feasible into the required set back; and
2. 
The wheelchair ramp shall not encroach in any recorded easement or in the public right-of-way; and
3. 
The encroachment into the required setback shall be removed when the individual requiring the wheelchair ramp no longer resides on the property or the wheelchair ramp is no longer required; and
4. 
A zoning permit and building permit are required, however the Borough shall waive the building and zoning fees associated with the installation of the ramp upon the applicant's submission of a letter from a licensed physician indicating that the wheelchair ramp is necessary to accommodate a resident of the property. Said letter shall be submitted with the application in order for the fees to be waived.
[Ord. #90-8, S 5; Ord. #2003-12, S 1; Ord. #2003-13, S 7]
a. 
Single-family detached dwellings.
b. 
Essential services, in accordance with the provisions of subsections 19-16.1 and 19-16.3.
[Ord. #90-8, S 5; Ord. #2003-12, S 1; amended 3-14-2022 by Ord. No. 2022-05]
Swimming pools, jacuzzies/hot tubs, cabanas, private garages, children's playhouses, storage sheds, greenhouses and gazebos. Cabanas, greenhouses and gazebos shall conform to the setback requirements for sheds as set forth in subsection 19-5.3 of this Chapter.
[Ord. #90-8, S 5; Ord. #2002-12; Ord. #2003-12, S 1; Ord. #2014-04 SS 17-20; Ord. No. 2017-04 § 1]
a. 
See Schedule of District Regulations.
Editor's Note: The Schedule of District Regulations are included as an attachment to this Chapter.
b. 
Lots bordering on the Manasquan River shall have a lot width of not less than seventy-five (75') feet, and adequate access must be retained from an accepted or established Borough street.
c. 
Notwithstanding the minimum thirty (30') foot front yard setback requirement for this zone district, an open roofed porch of a single-family dwelling may extend into the required front yard setback a maximum of six (6') feet. The front yard setback of the open roofed porch shall not be less than twenty-four (24') feet. The open roofed porch extending into the front yard setback shall not contain walls or coverings, only open railings. This exception shall only apply to the first story features.
d. 
Existing lots having a minimum lot area of five thousand (5,000) square feet, the sideline setback requirement will be five (5') feet per side (ten (10') feet total) minimum however where five (5') feet setback are employed, building coverage shall be limited to thirty (30%) percent.
1. 
For residentially zoned lot having a minimum lot area of nine thousand (9,000) square feet, the side line setback requirement shall be ten (10') feet per side (twenty (20') feet total) minimum.
2. 
For residentially zoned lots having a minimum lot area of five thousand (5,000) square feet, the building height of the principal building will be a maximum of thirty-two (32') feet, as defined by the building height definition.
3. 
For residentially zoned lots having a minimum lot area of nine thousand (9,000) square feet, the building height of the principal building will be a maximum of thirty-two (32') feet, as defined by the building height definition.
e. 
Lots having a minimum lot area of five thousand (5,000) square feet, the sideline setback requirement will be five (5') feet per side (ten (10') feet total) minimum however where five (5') feet setback are employed, building coverage shall be limited to thirty (30%) percent.
1. 
For residentially zoned lot having a minimum lot area of seven thousand five hundred (7,500) square feet, the side line setback requirement shall be seven and one-half (7 1/2') feet per side (fifteen (15') feet total) minimum.
2. 
For residentially zoned lots having a minimum lot area of five thousand (5,000) square feet, the building height of the principal building will be a maximum of thirty-two (32') feet, as defined by the Building Height definition.
f. 
Notwithstanding the foregoing, single-family residential dwellings located on corner lots shall have a rear yard setback of seven and one-half (7.5') feet.
[Ord. No. 2017-04 § 1]
[Ord. #90-8, S 5; Ord. #2003-13, S 8; Ord. No. 2016-12 § 1]
a. 
Home occupations, which meet the following conditions:
1. 
The parcel complies with the minimum lot area, lot width and yard requirements of the zone district.
2. 
The principal building on the lot shall be designed and utilized as a residence. In addition, the principal building shall be residential in appearance and character.
3. 
The home occupation shall be clearly accessory and incidental to the principal single-family use.
4. 
The home occupation shall not occupy more than twenty (20%) percent of the total floor area of the principal residential structure.
5. 
No retail sales of goods and/or services offered or produced by the home occupation shall be permitted from the property other than by appointment.
6. 
All materials and equipment shall be stored entirely within an enclosed structure.
7. 
Only the owner, tenant and occupants of the residence, shall be employed in the occupation on the lot at any one time.
8. 
The occupation itself shall not be visible from any point on the lot lines of the lot, nor shall the occupation give off any noise, smoke, vibration, odor, radiation, or cause any other nuisance, which is incompatible with the character of the district.
9. 
Signs shall be limited to a single identification sign not to exceed two (2) square feet in area.
10. 
The total floor area utilized for a home occupation within an accessory building shall not exceed more than twenty (20%) percent of the total floor area of the principal dwelling.
b. 
Facilities used for organized service, meetings, and/or gatherings presided over by an officially recognized leader, and educational facilities shall be permitted in the above referenced zones subject to the following:
1. 
The lot shall have a lot frontage of at least 250 feet.
2. 
The lot shall have a lot area of at least 108,900 square feet (2-1/2 acres).
3. 
The lot shall have a front yard setback of at least 50 feet.
4. 
The lot shall have a side yard setback of at least 30 feet.
5. 
The lot shall have a rear yard setback of at least 40 feet.
6. 
The lot shall have a building coverage of not more than 20%.
7. 
The lot shall have a lot coverage of not more than 70%.
8. 
The lot shall have a frontage on a Primary or Secondary Arterial Street as noted on Figure 7 — Circulation Plan delineated in the Master Plan, last revised 1999. These streets are limited to State Highway Route 88, Herbertsville Road, Bridge Avenue, Beaver Dam Road, Arnold Avenue, and Bay Avenue.
Editor's Note: The Master Plan may be found on file in the Borough offices.
9. 
The primary structure on the lot (i.e., the Church) shall not exceed one story.
10. 
The height of the primary structure (i.e., the Church) on the lot shall not exceed forty-five (45') feet at the ridge with a maximum eave height of thirty-two (32') feet.
11. 
Any secondary structures on the lot shall not exceed two (2) stories or thirty-two (32') feet.
12. 
Parking requirements shall be based on the design standards.
13. 
Secondary structures shall allow the same setbacks as the primary structure.
The parsonage facility used for the housing of the officially recognized religious leader(s), who is actively officiating within a church within the Borough, shall be required to be located on the same property as the church for which it serves.
An educational facility or spiritual center will be permitted as a secondary structure to a church.
Religious schools and parsonages (ancillary uses) shall be permitted as conditional uses on the same lot and as part of an accessory use to a church. Under these circumstances the religious school, parsonage, or other permitted ancillary use must comply with all applicable design standards.
[Ord. No. 2017-12 § 1]
[Ord. #90-8, S 5; Ord. #2003-12, S 2; Ord. #2003-13, S 9]
a. 
Single-family detached dwellings.
b. 
Essential services, in accordance with the provisions of subsections 19-16.1 and 19-16.3.
[Ord. #90-8, S 5; Ord. #2003-12, S 2; amended 3-14-2022 by Ord. No. 2022-05]
Swimming pools, jacuzzies/hot tubs, cabanas, private garages, children's playhouses, storage sheds, greenhouses and gazebos. Cabanas, greenhouses and gazebos shall conform to the setback requirements for sheds as set forth in subsection 19-5.3 of this Chapter.
[Ord. #90-8, S 5; Ord. #2002-12, S 2; Ord. No. 2017-04 § 2]
a. 
See Schedule of District Regulations.
Editor's Note: The Schedule of District Regulations are included as an attachment to this Chapter.
b. 
Lots fronting on the Manasquan River shall have a lot width of not less than seventy-five (75') feet, and adequate access must be retained from an accepted or established Borough street.
c. 
Notwithstanding the minimum twenty-five (25') foot front yard setback requirement for this zone district, an open roofed porch of a single-family dwelling may extend into the required front yard setback a maximum of six (6') feet. The front yard setback of the open roofed porch shall not be less than nineteen (19') feet. The open roofed porch extending into the front yard setback shall not contain walls or coverings, only open railings. This exception shall only apply to the first story features.
d. 
Notwithstanding the foregoing, single-family residential dwellings located on corner lots shall have a rear yard setback of seven and one-half (7.5') feet.
[Ord. No. 2017-04 § 2]
[Ord. #90-8, S 5; Ord. #2003-13, S 10; Ord. #2006-11, S 1; Ord. #2008-06, S 2; Ord. #2014-04 S 21]
a. 
Reserved.
b. 
Home occupations as established in subsection 19-6.4 (Conditional Uses of the R-1 District) of this chapter.
c. 
Facilities used for organized service, meetings, and/or gatherings presided over by an officially recognized leader, and educational facilities shall be permitted in the above referenced zones subject to the following:
[Ord. No. 2008-06 S 2]
1. 
The lot shall have a Lot Frontage of at least 250 feet.
2. 
The lot shall have a Lot Area of at least 108,900 square feet (2-1/2 acres).
3. 
The lot shall have a Front Yard Setback of at least 50 feet.
4. 
The lot shall have a Side Yard Setback of at least 30 feet.
5. 
The lot shall have a Rear Yard Setback of at least 40 feet.
6. 
The lot shall have a Building Coverage of not more than 20%.
7. 
The lot shall have a Lot Coverage of not more than 70%.
8. 
The lot shall have a frontage on a Primary or Secondary Arterial Street as noted on Figure 7 — Circulation Plan delineated in the Master Plan, last revised 1999. These streets are limited to State Highway Route 88, Herbertsville Road, Bridge Avenue, Beaver Dam Road, Arnold Avenue, and Bay Avenue.
Editor's Note: The Master Plan may be found on file in the Borough Offices.
9. 
The primary structure on the lot (i.e., the Church) shall not exceed one story.
10. 
The height of the primary structure (i.e., the Church) on the lot shall not exceed 45 feet at the ridge with a maximum eave height of 32 feet.
11. 
Any secondary structures on the lot shall not exceed two (2) stories or 32 feet.
12. 
Parking requirements will be based on the design standards.
13. 
Secondary structures shall follow the same setbacks as the primary structure.
The parsonage facility used for the housing of the officially recognized religious leader(s), who is actively officiating within a church within the Borough, shall be required to be located on the same property as the church for which it serves.
An educational facility or spiritual center will be permitted as a secondary structure to a church.
Religious schools and parsonages (ancillary uses) shall be permitted as conditional uses on the same lot and as part of an accessory use to a church. Under these circumstances the religious school, parsonage, or other permitted ancillary use must comply with all applicable design standards.
Editor's Note: Former Section 19-8, R-2 Residential, containing a portion of Ordinance No. 90-8 was repealed in its entirety by Ordinance No. 2001-19.
[Ord. #90-8, S 5; Ord. #2001-19, S 3; Ord. #2003-12, S 3; Ord. #30-2005, S 1; Ord. #2014-04, SS 22, 23]
a. 
Single-family detached dwellings.
b. 
Personal services, including but not limited to barbers, beauty parlors, shoe repair, professional or business offices, banks and other financial institutions.
c. 
Retail stores for the sale of convenience and shoppers' goods.
d. 
Clubs or Lodges.
[Ord. #90-8, S 5; Ord. #2002-12; Ord. #2003-12, S 3; Ord. #08-2007, S 1; amended 3-14-2022 by Ord. No. 2022-05]
a. 
Swimming pools, jacuzzies/hot tubs, cabanas, private garages, children's playhouses, storage sheds, greenhouses, gazebos, and workshops accessory to residential uses. Cabanas, greenhouses and gazebos shall conform to the setback requirements for sheds as set forth in subsection 19-5.3 of this Chapter.
b. 
Home occupations and home professional offices which meet the following criteria:
1. 
The principal building on the lot shall be designated and used as a residence.
2. 
The occupation shall be carried on entirely within the principal structure or in a structure clearly subordinate thereto and containing less cubic footage than the principal structure.
3. 
All materials and equipment shall be stored entirely within an enclosed structure.
4. 
No more than three (3) persons, including the owner or tenant of the residence, shall be employed in the occupation on the lot at any one time.
5. 
The occupation itself shall not be visible from any point on the lot lines of the lot, nor shall the occupation give off any noise, smoke, vibration, odor, radiation, or cause any other nuisance which is incompatible with the character of the district.
c. 
Workshops shall be included as an allowable accessory use, accessory to residential uses.
[Ord. #90-8, S 5; Ord. #2002-12; Ord. #2003-12, S 3; Ord. No. 2017-04 § 3]
a. 
See Schedule of District Regulations.
Editor's Note: The Schedule of District Regulations are included as an attachment to this Chapter.
b. 
The front yard shall be a minimum of twenty-five (25') feet provided, however, that where an established building line exists closer than twenty-five (25') feet to the street line, then the front yard can conform to the established front yard setback within the same block. In those blocks where the established front yard is greater than twenty-five (25') feet, new construction within the fifty (50') feet of an existing building may be placed no more than five (5') feet closer to the front property line than the existing building, but in no event shall any new construction under this provision be nearer to the twenty-five (25') feet from the street line.
c. 
Notwithstanding the foregoing, single-family residential dwellings located on corner lots shall have a rear yard setback of seven and one-half (7.5') feet.
[Ord. No. 2017-04 § 3]
[Ord. #90-8, S 5; Ord. #28-2005, S 1; Ord. #2008-06, S 3]
a. 
Banks and other financial institutions, provided that:
1. 
The architecture is in keeping with surrounding residences.
2. 
The lot shall front on and have access to a major street.
b. 
Laboratories and/or company offices, provided that:
1. 
The operations of the laboratories or offices shall not create any noises, smoke, vibration, odor, radiation or any nuisance which is incompatible with the character of the district.
2. 
All operations shall be conducted within an enclosed building.
3. 
All storage shall be enclosed.
4. 
No transfer of goods through retail sale shall take place on the property.
5. 
No manufacturing of goods for sale shall take place on the property.
6. 
The lot shall front on and have access to a major street, and ingress and egress shall be restricted to said major street.
c. 
Funeral parlor, provided that:
1. 
The embalming process is conducted within an enclosed structure and creates no noise, smoke, vibration, odor, radiation or other nuisance which is incompatible with the character of the district.
2. 
All materials or equipment shall be stored entirely within an enclosed structure.
3. 
The lot shall front on and have access to a major street.
d. 
Mixed-use building, provided that:
1. 
Residential apartments are located above the ground floor, above professional offices only.
2. 
Maximum number of units: 2
3. 
Maximum number of bedrooms per unit: 2
4. 
Parking must be provided on-site, in conformance with the Residential Site Improvement Standards.
5. 
There shall be a minimum 5-foot wide buffer planted between all parking areas and adjacent land uses. The buffer strips may consist of native plant materials, or a combination of native plant materials and structural materials, planted in a fashion that the buffer reduces glare, air and noise pollution and soil erosion.
6. 
Mixed use buildings are subject to the area and bulk regulations set forth for the R-3 District as listed within the Schedule and District Regulations.
Editor's Note: The Schedule of District Regulations are included as an attachment to this Chapter.
e. 
Facilities used for organized services, meetings, and/or gatherings presided over by an officially recognized leader, and educational facilities shall be permitted in the above referenced zones subject to the following:
1. 
The lot shall have a lot frontage of at least two hundred fifty (250') feet.
2. 
The lot shall have a lot area of at least one hundred eight thousand nine hundred (108,900) square feet (two and one-half (2 1/2) acres).
3. 
The lot shall have a front yard setback of at least fifty (50') feet.
4. 
The lot shall have a side yard setback of at least thirty (30') feet.
5. 
The lot shall have a rear yard setback of at least forty (40') feet.
6. 
The lot shall have a building coverage of not more than twenty (20%) percent.
7. 
The lot shall have a lot coverage of not more than seventy (70%) percent.
8. 
The lot shall have a frontage on a primary or secondary arterial street as noted on Figure 7 — Circulation Plan delineated in the Master Plan, last revised 1999. These streets are limited to State Highway Route 88, Herbertsville Road, Bridge Avenue, Beaver Dam Road, Arnold Avenue, and Bay Avenue.
9. 
The primary structure on the lot (i.e., the church) shall not exceed one story.
10. 
The height of the primary structure (i.e., the church) on the lot shall not exceed forty-five (45') feet at the ridge with a maximum eave height of thirty-two (32') feet.
11. 
Any secondary structures on the lot shall not exceed two (2) stories or thirty-two (32') feet.
12. 
Parking requirements will be based on the design standards.
13. 
Secondary structures shall follow the same setbacks as the primary structure.
The parsonage facility used for the housing of the officially recognized religious leader(s), who is actively officiating within a church within the Borough, shall be required to be located on the same property as the church for which it serves.
An educational facility or spiritual center will be permitted as a secondary structure to a church.
Religious schools and parsonages (ancillary uses) shall be permitted as conditional uses on the same lot and as part of an accessory use to a church. Under these circumstances the religious school, parsonage, or other permitted ancillary use must comply with all applicable design standards.
[Ord. #90-8, S 5]
a. 
One-family dwellings.
b. 
Two-family dwellings.
c. 
Multifamily dwellings.
d. 
Nursing homes.
[Ord. #90-8, S 5]
Permitted accessory uses shall include those set forth for the R-3 District, except that home professional offices and home occupations shall not be permitted in multifamily dwellings.
[Ord. #90-8, S 5; Ord. #2002-12; Ord. #2002-12; Ord. #2014-04 S 24, 25; Ord. No. 2017-04 § 4]
Editor's Note: The Schedule of District Regulations are included as an attachment to this Chapter.
Editor's Note: Ordinance No. 2002-12, adopted August 6, 2002.
a. 
See schedule of District Regulations for R-M Zone for multifamily uses.
1. 
Multi-family dwellings shall not exceed sixteen (16) units per acre.
2. 
Any portion of an existing multi-family dwelling development which has been set aside for recreation shall not at any time be used for building of apartments.
b. 
See Schedule of District Regulations for single-family dwellings.
c. 
Notwithstanding the foregoing, single-family residential dwellings located on corner lots shall have a rear yard setback of seven and one-half (7.5') feet.
[Ord. No. 2017-04 § 4]
[Ord. #90-8, S 5; Ord. #31-2005, S 1; Ord. #11-2006, S 1; Ord. No. 2017-12 § 2]
One-family dwellings on lots of five thousand (5,000) square feet shall be permitted subject to the following conditions:
a. 
The reduced lot shall have a frontage and lot width of at least fifty (50') feet.
b. 
Facilities used for organized service, meetings, and/or gatherings presided over by an officially recognized leader, and educational facilities shall be permitted in the above referenced zones subject to the following:
1. 
The lot shall have a lot frontage of at least 250 feet.
2. 
The lot shall have a lot area of at least 108,900 square feet (2-1/2 acres).
3. 
The lot shall have a front yard setback of at least 50 feet.
4. 
The lot shall have a side yard setback of at least 30 feet.
5. 
The lot shall have a rear yard setback of at least 40 feet.
6. 
The lot shall have a building coverage of not more than 20%.
7. 
The lot shall have a lot coverage of not more than 70%.
8. 
The lot shall have a frontage on a Primary or Secondary Arterial Street as noted on Figure 7 — Circulation Plan delineated in the Master Plan, last revised 1999. These streets are limited to State Highway Route 88, Herbertsville Road, Bridge Avenue, Beaver Dam Road, Arnold Avenue, and Bay Avenue.
Editor's Note: The Master Plan may be found on file in the Borough offices.
9. 
The primary structure on the lot (i.e., the Church) shall not exceed one story.
10. 
The height of the primary structure (i.e., the Church) on the lot shall not exceed forty-five (45') feet at the ridge with a maximum eave height of thirty-two (32') feet.
11. 
Any secondary structures on the lot shall not exceed two (2) stories or thirty-two (32') feet.
12. 
Parking requirements shall be based on the design standards.
13. 
Secondary structures shall allow the same setbacks as the primary structure.
The parsonage facility used for the housing of the officially recognized religious leader(s), who is actively officiating within a church within the Borough, shall be required to be located on the same property as the church for which it serves.
An educational facility or spiritual center will be permitted as a secondary structure to a church.
Religious schools and parsonages (ancillary uses) shall be permitted as conditional uses on the same lot and as part of an accessory use to a church. Under these circumstances the religious school, parsonage, or other permitted ancillary use must comply with all applicable design standards.
[Ord. No. 2016-12 § 2]
Editor's Note: Former Section 19-11, H Hospital, containing portions of Ordinance No. 90-8, was repealed in its entirety by Ordinance No. 2001-20.
[Ord. #2001-20, S 4]
The RM/POS District regulations are intended to promote the redevelopment or reuse of the former Point Pleasant Hospital site and the adjoining outparcels comprising the RM/POS district in accordance with the following general principles:
a. 
The redevelopment or reuse of properties within the district, to the maximum extent practicable, should be in accordance with a comprehensive plan that includes significant and meaningful public access to the water-front, significant open landscaped areas available to the public in the non-waterfront areas, and private residential development.
b. 
The redevelopment or reuse of the hospital site should recognize and be compatible with the existing residential character of the adjoining areas.
c. 
The redevelopment or reuse of the hospital site should be guided by the principles of decreasing the existing impervious coverage of the area and increasing the amount of open landscaped areas.
d. 
The redevelopment or reuse of the waterfront portions of the hospital site should include expansion of the Borough's existing beach and water-dependent recreational facilities at the Maxson Avenue recreational facility.
e. 
The regulations governing the redevelopment or reuse of the hospital site are intended to allow for development flexibility within the prescribed standards set forth in this section and the general principles above.
[Ord. #2001-20, S 4]
a. 
Detached single-family dwellings in accordance with the area and bulk requirements of the R-1 Single-Family Zone.
b. 
Multifamily dwellings.
c. 
Public open space/recreation.
d. 
Combined multifamily dwellings and public open space/recreation as part of a comprehensive development plan.
[Ord. #2001-20, S 4]
a. 
Private active and passive recreational facilities.
b. 
Off-street parking facilities.
c. 
Boat slips/docks.
[Ord. #2001-20, S 4; Ord. No. 2017-4 § 5]
a. 
Minimum Lot Area:
1. 
Multifamily dwellings: Five (5) acres.
2. 
Combined multifamily dwellings and public open space/recreation: Ten (10) acres.
3. 
Public open space/recreation: Four (4) acres.
b. 
Minimum Lot Width: One hundred and fifty (150) feet.
c. 
Minimum Front Yard Setback: One hundred (100) feet.
d. 
Minimum Side Yard Setback: Thirty (30) feet.
e. 
Minimum Rear Yard Setback: Thirty (30) feet.
f. 
Minimum principal building setback from Manasquan River (measured perpendicularly from mean high water line): Sixty (60) feet.
g. 
Minimum principal building setback from Point Pleasant Canal (measured perpendicularly from property line): Forty (40) feet.
h. 
Maximum Principal Building Height: Seventy-five (75) feet and five (5) residential stories above a garage parking level.
i. 
Maximum Accessory Building Height: Twenty-five (25) feet.
j. 
Maximum Building Coverage:
1. 
Multifamily dwellings: Twenty (20%) percent.
2. 
Combined multifamily dwellings and public open space/recreation: Fifteen (15%) percent. (Buildings for the use of the public shall not be counted as part of the building coverage.)
3. 
Public open space: Fifteen (15%) percent.
k. 
Maximum Impervious Coverage:
1. 
Multifamily dwellings: Forty (40%) percent.
2. 
Combined multifamily and public open space/ recreation: Thirty-five (35%) percent. (Public buildings, parking areas, walkways, boardwalks, etc. shall be excluded from the calculation of total impervious coverage.)
3. 
Public open space/recreation: Thirty-five (35%) percent.
l. 
Density:
1. 
Multifamily dwellings: Ten (10) dwelling units per upland acre.
2. 
Combined multifamily dwellings and open space/recreation: Six (6) dwellings units per upland acre.
m. 
Maximum Building Length: Three hundred and eighty (380) feet as viewed in any elevation.
n. 
Minimum distance between principal buildings: One hundred (100) feet.
o. 
Notwithstanding the foregoing, single-family residential dwellings located on corner lots shall have a rear yard setback of seven and one-half (7.5') feet.
[Ord. No. 2017-04 § 5]
[Ord. #2001-20, S 4]
a. 
Detached Single-Family Dwellings:
1. 
2 bedrooms: 1.5 spaces
2. 
3 bedrooms: 2.0 spaces
3. 
4 bedrooms: 2.5 spaces
4. 
5 bedrooms: 3.0 spaces
b. 
Multifamily Dwellings:
1. 
1 bedroom unit: 2.0 spaces
2. 
2 bedroom unit: 2.3 spaces
3. 
3 bedroom unit: 2.5 spaces
4. 
4 bedroom unit: 3.5 spaces
c. 
Combined multifamily dwellings and public open space/recreation:
1. 
Multifamily dwelling component: In accordance with the requirements of subsection 19-11.5b.
2. 
Public open space/recreation: Subject to approval by the Planning Board.
d. 
Public Open Space/Recreation: Subject to approval by the Planning Board.
e. 
Other Off-street Parking Requirements:
1. 
For multifamily dwellings, a minimum of seventy (70%) percent of the required off-street parking shall be within garaged parking facilities.
2. 
For combined multifamily dwellings and public open space/recreation development, a minimum of seventy (70%) percent of the required parking for the multifamily dwelling component of the development shall be within garaged parking facilities. Parking for the public open space/recreation component shall be subject to Planning Board approval.
[Ord. #2001-20, S 4]
The following additional requirements shall apply to development in accordance with the provisions of this section permitting combined multifamily dwellings and public open space/recreation development:
a. 
A minimum twenty-five (25') feet wide continuous public access easement shall be provided along the full length of the property along the Manasquan River and Point Pleasant Canal. The developer shall construct a continuous boardwalk or equivalent walking surface, a minimum of ten (10') feet in width, for the full length of the required access easement.
b. 
A minimum of four and a half (4 1/2) contiguous acres of open space/recreation area, exclusive of the required public access easement along the waterfront, shall be provided. Full public access shall be provided to such area. The developer shall improve such open space/ recreation area for passive recreational use and may construct limited small scale active recreational facilities, such as tennis court(s). Passive recreational facilities to be provided shall include: walkways linked with the waterfront walkway, substantial landscape improvements, benches along walkways, gazebos, and off-street public parking areas.
c. 
The developer, or his successor, shall maintain, repair, and replace such improvements within the areas available for public access, as required. The developer shall provide easements and/or deed restrictions or other legally binding instrument(s) or guarantees, approved as to form and content by the Borough Attorney, to guarantee continued public access to the public access areas and provisions for the Borough to assume the right to maintain, repair, and replace improvements and continue public access to areas so designated in the event the developer, or his successor, shall fail to provide for same.
The Borough shall be given the right to hold certain special events within the designed non-waterfront public access passive recreation areas. The developer shall enter into an agreement with the Borough governing such special events. Such agreement shall bind all successors of the developer to said agreement.
d. 
The developer shall include provisions for the expansion of the public bathing and fishing opportunities adjacent to the existing Borough facilities at the northerly terminus of Maxson Avenue.
[Ord. No. 2016-12 § 3]
a. 
Facilities used for organized service, meetings, and/or gatherings presided over by an officially recognized leader, and educational facilities shall be permitted in the above referenced zones subject to the following:
1. 
The lot shall have a lot frontage of at least 250 feet.
2. 
The lot shall have a lot area of at least 108,900 square feet (2-1/2 acres).
3. 
The lot shall have a front yard setback of at least 50 feet.
4. 
The lot shall have a side yard setback of at least 30 feet.
5. 
The lot shall have a rear yard setback of at least 40 feet.
6. 
The lot shall have a building coverage of not more than 20%.
7. 
The lot shall have a lot coverage of not more than 70%.
8. 
The lot shall have a frontage on a Primary or Secondary Arterial Street as noted on Figure 7 — Circulation Plan delineated in the Master Plan, last revised 1999. These streets are limited to State Highway Route 88, Herbertsville Road, Bridge Avenue, Beaver Dam Road, Arnold Avenue, and Bay Avenue.
Editor's Note: The Master Plan may be found on file in the Borough offices.
9. 
The primary structure on the lot (i.e., the Church) shall not exceed one story.
10. 
The height of the primary structure (i.e., the Church) on the lot shall not exceed forty-five (45') feet at the ridge with a maximum eave height of thirty-two (32') feet.
11. 
Any secondary structures on the lot shall not exceed two (2) stories or thirty-two (32') feet.
12. 
Parking requirements shall be based on the design standards.
13. 
Secondary structures shall allow the same setbacks as the primary structure.
The parsonage facility used for the housing of the officially recognized religious leader(s), who is actively officiating within a church within the Borough, shall be required to be located on the same property as the church for which it serves.
An educational facility or spiritual center will be permitted as a secondary structure to a church.
Religious schools and parsonages (ancillary uses) shall be permitted as conditional uses on the same lot and as part of an accessory use to a church. Under these circumstances the religious school, parsonage, or other permitted ancillary use must comply with all applicable design standards.
[Ord. #90-8, S 5]
The NC Districts are intended to contain necessary convenience shops, shoppers' goods stores and person service stores. It is intended to permit the existing clusters of neighborhood stores to continue their operations within the framework of the ordinance. Commercial uses would preferably be built in continuous rows with architectural unity insofar as possible. Residential uses are prohibited in a building which is also used for commercial purposes.
[Ord. #90-8, S 5; Ord. #11-2004, S 1; Ord. #2014-04, S 26]
a. 
Retail stores for the sale of convenience and shoppers' goods.
b. 
Personal services, including but not limited to barbers, beauty parlors, shoe repair, professional or business offices, banks and other financial institutions.
c. 
Eating and/or alcoholic beverage drinking establishments, excluding nightclubs.
d. 
Detached single family dwellings.
e. 
Professional offices as defined in this Chapter.
[Ord. #90-8, S 5]
a. 
Parking lots and loading areas.
b. 
No more than two (2) video game/automatic amusement device facilities, as defined in this Chapter.
[Ord. #90-8 S 5; Ord. #2004-04 S 27; Ord. No. 2017-04 § 6]
See Schedule of District Regulations. (The Schedule of District Regulations are included as an attachment to this Chapter.)
a. 
Commercial Use.
1. 
Landscaped buffers shall be provided of at least ten (10') feet in the rear yard and seven and one-half (7.5') feet in the side yard when such side yard is adjacent to residential use or zone and five (5') feet when the side yard is adjacent to any other use or zone. Rear yard buffer may consist of native plant materials, or a combination of native plant materials and/or structural materials, planted in a fashion that a buffer reduces glare, air and noise pollution and soil erosion. A buffer strip of at least five (5') feet in width shall be provided between any road fronting the property and the site. Shade trees shall be planted along the strip numbering at least one (1) tree per twenty-five (25') feet of frontage. Shade trees shall be staggered and/or spaced so as not to interfere with driver vision at intersection of driveways and streets and have branches no lower than six (6') feet to maintain site distance. Visual site distance shall be maintained in perpetuity. Ten (10%) percent of all parking areas shall be suitably landscaped.
2. 
Landscaped areas shall be maintained to include removal of weeds from stone beds, maintenance of lawns including cutting when grass length exceeds three (3") inches in height. Failure to maintain landscaped areas shall subject property owner to fines of two hundred ($200.00) dollars per day for each violation.
b. 
Notwithstanding the foregoing, single-family residential dwellings located on corner lots shall have a rear yard setback of seven and one-half (7.5') feet.
[Ord. No. 2017-04 § 6]
[Ord. #90-8, S 5; Ord. #2008-06, S 4]
Video game/automatic amusement device facilities establishment, as defined in this Chapter, provided that said use is the primary use of the establishment. Any establishment having two (2) or less video game/automatic amusement device facilities in it shall be considered as an accessory use and therefore shall not be governed by the requirements of this subsection. However, whether the establishment is using the video game/automatic amusement device facility as a primary or accessory use, no gambling or betting shall be allowed therein. The conditions pertaining to those establishments which have video game/ automatic amusement device facilities as the primary use are as follows:
a. 
No more than two (2) video game/automatic amusement device facilities, shall be permitted in the establishment.
b. 
A minimum of thirty-five (35) square feet of floor area shall be provided for each video game/automatic amusement device facility.
c. 
No more than one such establishment shall be permitted within each mapped NC District.
d. 
The establishments shall not be permitted to remain open after 11:00 p.m. nor open any earlier than 9:00 a.m.
e. 
Sufficient information shall be provided in the submission for site plan approval to verify room capacity for the number of video game/automatic amusement device facilities, and for the number of people which can be accommodated in the establishment, including the location of points of ingress and egress. This information shall be provided in the form of drawings which shall be signed and sealed by a licensed engineer or registered architect.
f. 
Satisfactory on-site parking is provided.
g. 
Facilities used for organized services, meetings, and/or gatherings presided over by an officially recognized leader, and educational facilities shall be permitted in the above referenced zones subject to the following:
1. 
The lot shall have a lot frontage of at least two hundred fifty (250') feet.
2. 
The lot shall have a lot area of at least one hundred eight thousand nine hundred (108,900) square feet (two and one-half (2 1/2) acres).
3. 
The lot shall have a front yard setback of at least fifty (50') feet.
4. 
The lot shall have a side yard setback of at least thirty (30') feet.
5. 
The lot shall have a rear yard setback of at least forty (40') feet.
6. 
The lot shall have a building coverage of not more than twenty (20%) percent.
7. 
The lot shall have a lot coverage of not more than seventy (70%) percent.
8. 
The lot shall have a frontage on a primary or secondary arterial street as noted on Figure 7 — Circulation Plan delineated in the Master Plan, last revised 1999. These streets are limited to State Highway Route 88, Herbertsville Road, Bridge Avenue, Beaver Dam Road, Arnold Avenue, and Bay Avenue.
9. 
The primary structure on the lot (i.e., the church) shall not exceed one story.
10. 
The height of the primary structure (i.e., the church) on the lot shall not exceed forty-five (45') feet at the ridge with a maximum eave height of thirty-two (32') feet.
11. 
Any secondary structures on the lot shall not exceed two (2) stories or thirty-two (32') feet.
12. 
Parking requirements will be based on the design standards.
13. 
Secondary structures shall follow the same setbacks as the primary structure.
The parsonage facility used for the housing of the officially recognized religious leader(s), who is actively officiating within a church within the Borough, shall be required to be located on the same property as the church for which it serves.
An educational facility or spiritual center will be permitted as a secondary structure to a church.
Religious schools and parsonages (ancillary uses) shall be permitted as conditional uses on the same lot and as part of an accessory use to a church. Under these circumstances the religious school, parsonage, or other permitted ancillary use must comply with all applicable design standards.
[Ord. #90-8, S 5]
The GC Districts are intended to provide for a wide range of commercial uses serving not only local needs but the traveling public as well. Lot sizes are considerably larger than in the other commercial districts in order to minimize the adverse impacts on traffic flow which can occur from frequent curb cuts.
[Ord. #90-8, S 5; Ord. #2003-33, S 2]
a. 
All uses permitted in the NC District.
b. 
Laundromats, machine laundry and dry cleaning, including accessory dyeing plant.
c. 
Printing and publishing.
d. 
Wholesale and retail storage and sale of lumber, plumbing materials and other products, including garden supplies; contractor's office and yards; moving and storage agencies; provided that all open storage of materials and equipment shall be screened on all sides and that the storage and sale of used materials and equipment shall only be permitted as a clearly subordinate use to the principal use on the lot.
e. 
General repair and custom fabrication including carpentry, cabinet making, furniture or upholstery shop, electrician's shop, metal working, blacksmith, tinsmith, plumbing, refrigeration and gas, steam or hot water fitting, paint and paperhanger's shop, provided all open storage of materials and equipment shall be screened on all sides, and that all repair or fabrication activities shall be carried on within an enclosed building.
f. 
Automobile body or mechanical repairs, car washing and painting activities, but excluding vehicle storage, supply storage, or any other type of storage as a principal use for any such business or activity, provided that:
1. 
All vehicles shall be stored off the street.
2. 
All repair, paint or washing activities shall be carried on within an enclosed building.
3. 
No used vehicles or parts thereof shall be offered for sale.
4. 
No vehicles shall be abandoned or sold as junk or scrap.
5. 
All open storage of materials and equipment shall be screened on all sides.
g. 
Urgent care medical service facilities.
[Ord. #90-8, S 5]
a. 
Parking lots and loading areas.
b. 
No more than two (2) video game/automatic amusement device facilities, as defined in this Chapter.
[Ord. No. 2017-04 § 7]
See Schedule of District Regulations. (Ord. 90-8, S 5)
Editor's Note: The Schedule of District Regulations are included as an attachment to this Chapter.
a. 
Notwithstanding the foregoing, single-family residential dwellings located on corner lots shall have a rear yard setback of seven and one-half (7.5') feet.
[Ord. #90-8, S 5; Ord. #2004-06, S 1; Ord. #10-2004, S 2; Ord. #2008-06, S 5]
a. 
Video game/automatic amusement device facilities establishments under the conditions set forth in the NC District, with the exception that the limitation as to the number of video games shall be thirty (30) devices per establishment.
b. 
Gas stations, provided that:
1. 
No part of the storage or workshop shall be nearer than twenty-five (25') feet to any public street.
2. 
All entrance driveways shall have an unobstructed width of at least fifteen (15') feet.
3. 
No commercial repair work, shall be carried on out-of-doors.
4. 
Sale or storage of automobiles or used parts thereof shall be prohibited on the premises.
5. 
The renting or leasing of automobiles, travel trailers or other vehicles or equipment shall be prohibited on the premises.
6. 
Vehicles serviced or to be serviced may be stored temporarily on the premises for up to thirty (30) days.
7. 
No gasoline service station, for the retail sale of motor vehicle fuel, shall be located on any lot which is within two hundred (200') feet of a public or private school, playground, public library, or religious house of worship.
c. 
Commercial recreation such as bowling alleys, and miniature golf, provided that:
1. 
The structures involved are permanent and meet Borough specifications.
2. 
Satisfactory on-site parking is provided.
3. 
All uses shall meet the setback requirements for this District as set forth for principal buildings in the Schedule of District Regulations.
d. 
Animal hospital, which is defined as an establishment for the treatment, care or boarding of domestic animals, provided that runways and exercise pens, if any, shall be enclosed within the principal building.
e. 
Duly franchised dealers of new motor vehicles, boats and equipment sales, in conjunction with which repairs and sale of used items shall be permitted. Showrooms in connection with these uses shall have minimum square footage of one thousand six hundred (1,600) square feet and at least two hundred (200) square feet of land area shall be provided for display of each vehicle or boat in order to provide sufficient room for adequate fire protection, and further provided that there be no stacking of any type above fifteen (15') feet.
f. 
Motels and efficiency apartments, provided the efficiency apartments are in conjunction with the motels. One (1) efficiency apartment shall be permitted for every two (2) motel rooms. Minimum size of each efficiency apartment shall be three hundred fifty (350) square feet and the maximum size shall be five hundred (500) square feet. Minimum size for each motel unit or room shall be two hundred fifty (250) square feet. The minimum number of units overall shall be ten (10). Off-street parking shall be provided in accordance with the off-street parking requirements of this Chapter, with efficiency apartments meeting the standard for dwelling units.
g. 
Nightclubs, as defined in this Chapter, subject to the off-street parking requirements of this Chapter, and subject further to the provisions of a stabilized and plated earth berm six (6') feet in height between the parking lot and any adjoining residential use.
h. 
Facilities used for organized services, meetings, and/or gatherings presided over by an officially recognized leader, and educational facilities shall be permitted in the above referenced zones subject to the following:
1. 
The lot shall have a lot frontage of at least two hundred fifty (250') feet.
2. 
The lot shall have a lot area of at least one hundred eight thousand nine hundred (108,900) square feet (two and one-half (2 1/2) acres).
3. 
The lot shall have a front yard setback of at least fifty (50') feet.
4. 
The lot shall have a side yard setback of at least thirty (30') feet.
5. 
The lot shall have a rear yard setback of at least forty (40') feet.
6. 
The lot shall have a building coverage of not more than twenty (20%) percent.
7. 
The lot shall have a lot coverage of not more than seventy (70%) percent.
8. 
The lot shall have a frontage on a primary or secondary arterial street as noted on Figure 7 — Circulation Plan delineated in the Master Plan, last revised 1999. These streets are limited to State Highway Route 88, Herbertsville Road, Bridge Avenue, Beaver Dam Road, Arnold Avenue, and Bay Avenue.
9. 
The primary structure on the lot (i.e., the church) shall not exceed one story.
10. 
The height of the primary structure (i.e., the church) on the lot shall not exceed forty-five (45') feet at the ridge with a maximum eave height of thirty-two (32') feet.
11. 
Any secondary structures on the lot shall not exceed two (2) stories or thirty-two (32') feet.
12. 
Parking requirements will be based on the design standards.
13. 
Secondary structures shall follow the same setbacks as the primary structure.
The parsonage facility used for the housing of the officially recognized religious leader(s), who is actively officiating within a church within the Borough, shall be required to be located on the same property as the church for which it serves.
An educational facility or spiritual center will be permitted as a secondary structure to a church.
Religious schools and parsonages (ancillary uses) shall be permitted as conditional uses on the same lot and as part of an accessory use to a church. Under these circumstances the religious school, parsonage, or other permitted ancillary use must comply with all applicable design standards.
[Ord. #90-8, S 5]
The CM District is intended to encourage commercial uses of the type permitted in the NC Districts in combination with professional offices or multifamily uses. This mixed use concept is not intended to permit multifamily housing as the only use on a lot, nor shall residential uses be permitted on the first floor of a commercial building.
[Ord. #90-8, S 5]
a. 
All uses permitted in the NC District.
b. 
Professional offices as defined in this Chapter.
c. 
Single or multifamily apartments above commercial establishments or professional offices.
[Ord. #90-8, S 5]
a. 
Parking lots and loading areas.
b. 
No more than two (2) video game/automatic amusement device facilities, as defined in this Chapter.
[Ord. No. 2017-04 § 8]
See Schedule of District Regulations. (Ord. #90-8, S 5)
a. 
Notwithstanding the foregoing, single-family residential dwellings located on corner lots shall have a rear yard setback of seven and one-half (7.5') feet.
[Ord. #90-8, S 5; Ord. #2008-06, S 5]
Video game/automatic amusement device facilities establishments under the conditions set forth in the NC District.
a. 
Facilities used for organized services, meetings, and/or gatherings presided over by an officially recognized leader, and educational facilities shall be permitted in the above referenced zones subject to the following:
1. 
The lot shall have a lot frontage of at least two hundred fifty (250') feet.
2. 
The lot shall have a lot area of at least one hundred eight thousand nine hundred (108,900) square feet (two and one-half (2 1/2) acres).
3. 
The lot shall have a front yard setback of at least fifty (50') feet.
4. 
The lot shall have a side yard setback of at least thirty (30') feet.
5. 
The lot shall have a rear yard setback of at least forty (40') feet.
6. 
The lot shall have a building coverage of not more than twenty (20%) percent.
7. 
The lot shall have a lot coverage of not more than seventy (70%) percent.
8. 
The lot shall have a frontage on a primary or secondary arterial street as noted on Figure 7 — Circulation Plan delineated in the Master Plan, last revised 1999. These streets are limited to State Highway Route 88, Herbertsville Road, Bridge Avenue, Beaver Dam Road, Arnold Avenue, and Bay Avenue.
9. 
The primary structure on the lot (i.e., the church) shall not exceed one story.
10. 
The height of the primary structure (i.e., the church) on the lot shall not exceed forty-five (45') feet at the ridge with a maximum eave height of thirty-two (32') feet.
11. 
Any secondary structures on the lot shall not exceed two (2) stories or thirty-two (32') feet.
12. 
Parking requirements will be based on the design standards.
13. 
Secondary structures shall follow the same setbacks as the primary structure.
The parsonage facility used for the housing of the officially recognized religious leader(s), who is actively officiating within a church within the Borough, shall be required to be located on the same property as the church for which it serves.
An educational facility or spiritual center will be permitted as a secondary structure to a church.
Religious schools and parsonages (ancillary uses) shall be permitted as conditional uses on the same lot and as part of an accessory use to a church. Under these circumstances the religious school, parsonage, or other permitted ancillary use must comply with all applicable design standards.
Editor's Note: The Town Center Zone Boundary map, Exhibit A, is adopted by Subsection 19-4.3.
[Ord. #90-8, S 5; Ord. #92-70, S 1; Ord. #93-20, S 1; Ord. #2003-13, S 11]
a. 
The intent and purpose of the Town Center (TC) Zone District, pursuant to the 1999 Master Plan, is to provide a central core of community and commercial services. The TC District is intended to be pedestrian-oriented and contain public facilities and public open space. The municipal vision for the Town Center is an identifiable focal point for the Borough. In accordance with these public purposes, development, redevelopment and reuse applications are encouraged to implement the municipal goals of this District through the following measures:
1. 
Shared parking facilities.
2. 
Parking situated in the rear or sides of buildings to enhance pedestrian access.
3. 
Access walkways from one building to another, where appropriate, to encourage pedestrian circulation.
4. 
Streetscape features, such as sitting areas (benches or ledges) or small semi-public areas, to enhance pedestrian usage.
5. 
Architectural treatments, which are compatible with the surrounding uses, complementary to the Town Center and consistent with the Borough's history and character.
6. 
Landscaped and green areas around buildings and within parking areas, which exceed municipal standards.
[Ord. #90-8, S 5; Ord. #92-70, S 2; Ord. #93-30, S 2; Ord. #1995-4, S 2; Ord. #2003-13, S 11]
a. 
Offices of State-licensed health care professionals, such as physicians, dentists, chiropractors, physical therapists, optometrists, psychiatrists and psychologists.
b. 
Offices of finance-related professions, such as insurance, real estate, investment counselors and financial planners.
c. 
Offices for consulting professions, such as lawyers, engineers, architects, accountants and auditors.
d. 
Personal service establishments.
e. 
Retail businesses establishments.
f. 
Government offices and other government facilities, with the exception of vehicle and equipment repair and storage facilities.
g. 
Municipal parks, playgrounds, recreation areas and cultural facilities owned and operated by the Borough of Point Pleasant.
h. 
Essential services, in accordance with the provisions of subsections 19-16.1 and 19-16.3.
[Ord. #90-8, S 5; Ord. #2003-13, S 11]
a. 
Parking lots.
b. 
Loading zones.
[Ord. #90-8, S 5; Ord. #93-20, S 1; Ord. #2003-13, S 11; Ord. No. 2017-04 § 9]
See Schedule of District Regulations.
Editor's Note: The Schedule of District Regulations are included as an attachment to this Chapter.
a. 
Notwithstanding the foregoing, single-family residential dwellings located on corner lots shall have a rear yard setback of seven and one-half (7.5') feet.
[Ord. No. 2017-04 § 9]
[Ord. #90-8, S 5; Ord. #92-70, SS 3, 4; Ord. #93-30, S 3; Ord. #2003-13, S 11; Ord. No. 2016-12 § 4]
a. 
Multi-family dwellings, restricted to persons aged fifty-five (55) years or older, may be permitted as a conditional use in the TC Zone, provided that the following conditions are met:
1. 
The maximum density shall be eight (8) dwelling units per gross acreage.
2. 
The total number of age-restricted multi-family dwelling units to be developed on the site shall not exceed fifty (50).
3. 
The minimum lot area shall be one (1) acre.
4. 
The Planning Board determines that the proposed development is consistent with the goals and objectives of the Master Plan and promotes the intent of the Land Use Plan Element of the Master Plan.
5. 
Maximum Height. The maximum building height shall be thirty-five (35') feet and no more than three (3) usable floor levels counted vertically at any point in the building above grade.
6. 
Minimum Unoccupied Open Space. The minimum unoccupied open space (landscaped area) shall be thirty (30%) percent of the gross acreage.
b. 
Banks and other financial institutions, provided that ingress and egress to the site is not from any street which predominantly serves single-family residences.
c. 
Eating establishments, which may serve alcoholic beverages to supplement the primary food preparation for table service. Nightclubs and/or drive-in windows and walk-up counter service are prohibited. The food service areas shall have a minimum ground floor area of one thousand (1,000) square feet.
d. 
Facilities used for organized service, meetings, and/or gatherings presided over by an officially recognized leader, and educational facilities shall be permitted in the above referenced zones subject to the following:
1. 
The lot shall have a lot frontage of at least 250 feet.
2. 
The lot shall have a lot area of at least 108,900 square feet (2-1/2 acres).
3. 
The lot shall have a front yard setback of at least 50 feet.
4. 
The lot shall have a side yard setback of at least 30 feet.
5. 
The lot shall have a rear yard setback of at least 40 feet.
6. 
The lot shall have a building coverage of not more than 20%.
7. 
The lot shall have a lot coverage of not more than 70%.
8. 
The lot shall have a frontage on a Primary or Secondary Arterial Street as noted on Figure 7 — Circulation Plan delineated in the Master Plan, last revised 1999. These streets are limited to State Highway Route 88, Herbertsville Road, Bridge Avenue, Beaver Dam Road, Arnold Avenue, and Bay Avenue.
Editor's Note: The Master Plan may be found on file in the Borough offices.
9. 
The primary structure on the lot (i.e., the Church) shall not exceed one story.
10. 
The height of the primary structure (i.e., the Church) on the lot shall not exceed forty-five (45') feet at the ridge with a maximum eave height of thirty-two (32') feet.
11. 
Any secondary structures on the lot shall not exceed two (2) stories or thirty-two (32') feet.
12. 
Parking requirements shall be based on the design standards.
13. 
Secondary structures shall allow the same setbacks as the primary structure.
The parsonage facility used for the housing of the officially recognized religious leader(s), who is actively officiating within a church within the Borough, shall be required to be located on the same property as the church for which it serves.
An educational facility or spiritual center will be permitted as a secondary structure to a church.
Religious schools and parsonages (ancillary uses) shall be permitted as conditional uses on the same lot and as part of an accessory use to a church. Under these circumstances the religious school, parsonage, or other permitted ancillary use must comply with all applicable design standards.
[Ord. No. 2016-12 § 4]
[Ord. #90-8, S 5]
The W District is intended to provide uses related to marine and waterfront activities, with a fundamental goal of the district to assure that there would be no reduction in the number of boat slips provided.
[Ord. #90-8, S 5]
a. 
Boat repairs, including marine engine repairs.
b. 
Marinas, including private and commercial storage of all operational watercraft and those crafts being stored temporarily for repair, but excluding permanently inoperable craft, partially submerged and sunken hulls.
c. 
Boat sale and storage, including both wholesale and retail sale of boats, both new and used, provided, however, there shall be no boats placed or stored within twenty (20') feet of any property line.
d. 
Marine accessory sales, including both wholesale and retail sales of general marine goods and fishing supplies.
e. 
Rental facilities for pleasure craft, not less than twelve (12') feet in length, excluding all commercial fishing rentals capable of handling more than six (6) passengers.
f. 
Winter boat storage.
[Ord. #90-8, S 5; Ord. #2014-03 SS 2, 5]
a. 
Parking lots and loading areas.
b. 
Hotels and motels are accessory uses to the principal use on the property provided that it is within common ownership with the banquet facility.
c. 
Dredging and pile-driving businesses including bulk heading and other marine construction businesses, provided that the use does not have a common property line with any residential use or district.
d. 
Boat manufacturing, including all types of commercial boat-building.
e. 
Marine filling stations and services, including the enclosed storage and marine supplies incidental to marine operations.
f. 
Enclosed storage of materials and supplies incidental to commercial marine operations.
g. 
Storage of materials for boat manufacturing and repair operations.
h. 
Boat ramp operations.
i. 
Bait/tackle/boating supply shops.
j. 
Any other marina related uses with the exception of the conditional uses identified in this Section. Said marina related uses must comply with the identified standards for the zone.
k. 
Hotels and motels, as an accessory use and in common ownership with the banquet facility.
1. 
Conformance with the area and bulk standards identified above.
2. 
Parking be provided in accordance with subsection 19-28.4b,3.
3. 
Buffering and screening standards shall apply along any yard line, which borders an existing residential use, pursuant to subsection 19-16.2, Screening.
[Ord. No. 90-8 § 5; Ord. No. 2017-04 § 10]
See Schedule of District Regulations. (Ord. #90-8, S 5)
Editor's Note: The Schedule of District Regulations are included as an attachment to this Chapter.
a. 
Notwithstanding the foregoing, single-family residential dwellings located on corner lots shall have a rear yard setback of seven and one-half (7.5') feet.
[Ord. #90-8, S 5; Ord. #2014-03 S 4; Ord. No. 2016-12 § 5]
a. 
Restaurants, eating establishments and banquet halls/facilities are conditional uses provided that they are complimentary to a principal marina use.
b. 
Facilities used for organized service, meetings, and/or gatherings presided over by an officially recognized leader, and educational facilities shall be permitted in the above referenced zones subject to the following:
1. 
The lot shall have a lot frontage of at least 250 feet.
2. 
The lot shall have a lot area of at least 108,900 square feet (2-1/2 acres).
3. 
The lot shall have a front yard setback of at least 50 feet.
4. 
The lot shall have a side yard setback of at least 30 feet.
5. 
The lot shall have a rear yard setback of at least 40 feet.
6. 
The lot shall have a building coverage of not more than 20%.
7. 
The lot shall have a lot coverage of not more than 70%.
8. 
The lot shall have a frontage on a Primary or Secondary Arterial Street as noted on Figure 7 — Circulation Plan delineated in the Master Plan, last revised 1999. These streets are limited to State Highway Route 88, Herbertsville Road, Bridge Avenue, Beaver Dam Road, Arnold Avenue, and Bay Avenue.
Editor's Note: The Master Plan may be found on file in the Borough offices.
9. 
The primary structure on the lot (i.e., the Church) shall not exceed one story.
10. 
The height of the primary structure (i.e., the Church) on the lot shall not exceed forty-five (45') feet at the ridge with a maximum eave height of thirty-two (32') feet.
11. 
Any secondary structures on the lot shall not exceed two (2) stories or thirty-two (32') feet.
12. 
Parking requirements shall be based on the design standards.
13. 
Secondary structures shall allow the same setbacks as the primary structure.
The parsonage facility used for the housing of the officially recognized religious leader(s), who is actively officiating within a church within the Borough, shall be required to be located on the same property as the church for which it serves.
An educational facility or spiritual center will be permitted as a secondary structure to a church.
Religious schools and parsonages (ancillary uses) shall be permitted as conditional uses on the same lot and as part of an accessory use to a church. Under these circumstances the religious school, parsonage, or other permitted ancillary use must comply with all applicable design standards.
[Ord. #2014-03 S 3]
a. 
Restaurants, banquet halls/facilities and other eating establishments, including those eating facilities necessary for area employees.
1. 
Restaurants and banquet facilities are permitted within sites, that maintain operating marinas, as a conditional use, subject to the Bulk and Area Standards enumerated herein, restaurants and banquet facilities are not permitted on sites within the Waterfront Commercial (W) Zone where no operating marina exists;
2. 
No such use shall detract from the principal marina use, including but not limited to reductions in dock space or the supply of existing off-street parking that is reserved for boat slips, at the time of application for a conditional use permit;
3. 
Drive-thru restaurants, fast food restaurants and take-out (only) restaurants are prohibited;
4. 
Any restaurant, banquet or eating establishment, proposed as a conditional use subject to the regulations herein, shall provide primary ingress from major streets within the Borough, as defined in Section 19-3 of the Borough's Land Development Ordinance with the following exception. Bay Avenue south of Bridge Avenue is not considered a major street. The portion of Bay Avenue south of Bridge Avenue is to be considered a minor street because unlike the balance of Bay Avenue it has a slower speed limit and a difference character in the nature of the roadway and the adjacent areas.
5. 
Buffering and Screening standards shall apply along any yard line, which borders an existing residential use, pursuant to subsection 19-16.2, Screening.
6. 
Area, Yard and Bulk Standards.
Lot Size
2 Acres
Building Setback Line
20 Feet
Lot Width
75 Feet
*Rear Yard
25 Feet
Side Yards
15 Feet
Side Yards Abutting a Residential District
25 Feet
**Building Coverage (Restaurant and Banquet Facility Only)
20%
Building Height
35 Feet
*Rear Yard requirement of 25 feet shall not restrict fishing piers, boat docks and existing boat slips, provided that the rear yard is contiguous to a waterway.
-
**Total lot coverage shall not exceed 75% in the aggregate, between principal and conditionally permitted uses.
-
7. 
No parking spaces used in calculating the marina use parking requirement may be used in calculations for the restaurant or banquet hall use except as established herein and shall not result in a net loss of parking for boat slips or a net loss of any existing dock space as a result of the proposed conditional restaurant use. Parking required for all permitted and/or conditional uses shall be calculated separately.
Parking shall be regulated as follows:
(a) 
Parking for the principal, marina use shall be 0.6 parking spaces per boat slip and shall be calculated separately from the parking requirements for any conditional use on-site. In areas of the marinas that are unpaved and have no delineated parking spaces, the required parking shall be calculated as follows: 1 space = 260 square feet of unimproved/unpaved area;
(b) 
Area for boat storage and sales shall be allocated separately from the required parking for the marina facility and separately from the parking required for any conditional use on-site. The area designated for upland storage (whether its winter storage or brokerage upland storage) shall be delineated and cannot be used for parking. Boat storage can utilize the area designated for marina parking from November 1st through May 31st. The definition of sales shall include the brokerage of new and used boats;
(c) 
Restaurants and banquet facilities shall provide one (1) parking space for each 100 square feet of gross floor area of dining area. This calculation shall exclude kitchen facilities, stairways, lobbies, restroom facilities, storage rooms utility rooms and hallways;
(d) 
Boat storage shall provide one (1) space for every 20,000 square feet of boat storage area;
(e) 
Retail sales area within the building for the sale of boats shall provide one (1) space per 5,000 square feet of sales area.
b. 
Night clubs are not permitted in the W Zone.
The purpose of the Multi Family Inclusionary Zone is to create a realistic opportunity for the production of affordable housing in the zone, which will be incorporated into the Borough's Housing Element and Fair Share Plan. The MFIZ-I District provides for the development of affordable housing for low- and moderate-income housing in a suitable location.
[Ord. No. 2016-10]
The Multi Family Inclusionary Zone District shall be applied to Block 105, Lots 28, 39, 40, and 41, as shown on the Official Tax Map of the Borough. The Official Zoning Map of the Borough of Point Pleasant is hereby amended in accordance with the foregoing and is incorporated by reference. The Multi Family Inclusionary Zone District shall be permitted to be developed with an inclusionary residential development with a mandatory minimum affordable set-aside of twenty (20%) percent. Any development shall include two (2) low-income and one (1) moderate- income affordable units. Any fractional obligation incurred will not have to be satisfied through a payment to the Borough's Affordable Housing Trust Fund, since the Multi Family Inclusionary Zone District contemplates the production of two (2) low-income units. For the purpose of permitting the development of an inclusionary development the provisions and requirements of the Multi Family Inclusionary Zone District shall supersede the provisions and restrictions of the underlying Residential and Office (R-3) Zone District. In the event of a conflict between the provisions of this section and other sections of the Borough development regulations with respect to the development of affordable housing, the provisions of the MFIZ-I District shall govern.
[Ord. No. 2016-10]
The permitted uses in the Multi Family Inclusionary Zone District shall be as follows:
a. 
Inclusionary residential development. Such inclusionary residential development shall be limited to townhome dwellings.
b. 
Market rate residential development shall be for-sale units.
c. 
Low- and moderate-income residential development shall be rental units.
[Ord. No. 2016-10]
The following shall be permitted:
a. 
Open space area(s);
b. 
Off-street parking facilities including driveways;
c. 
Fences in accordance with the applicable Borough standards;
d. 
Signs in accordance with the standards in Chapter IX of the Borough Code;
e. 
Sidewalks in accordance with the standards in Chapter XII of the Borough Code; and
f. 
Other uses which are customarily incidental and accessory to the principal use.
[Ord. No. 2016-10]
a. 
Multifamily affordable housing development. sixteen (16.0) dwelling units per gross acre.
b. 
The number of dwelling units shall not exceed sixteen (16) dwellings inclusive of affordable units.
[Ord. No. 2016-10]
The following requirements shall apply for all permitted uses:
Bulk Standards
Permitted
Minimum Lot Area
45,000 sq. ft.
Minimum Lot Width
275 feet
Minimum Front Yard Setback
12 feet
Minimum One Side Yard Setback
5 feet
Minimum Both Side Yard Setback
10 feet
Minimum Rear Yard Setback
9 feet
Maximum Impervious Coverage
65%
Maximum Building Coverage
33%
Maximum Building Height
3 stories/35 feet
[Ord. No. 2016-10]
a. 
The proposed development(s) shall be served by public water and sewer. The phasing of utility improvements, if necessary, shall be subject to the review and approval of the Planning Board.
b. 
The proposed development(s) shall be planned and designed to meet the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.).
1. 
All roadways, parking areas, and landscaped islands shall be private and maintained by a homeowners' association, except that access roads across lands dedicated to and accepted by the Borough for public use may be public roads.
2. 
Parking standards shall be conforming with the New Jersey Residential Site Improvement Standards for townhouse dwellings (N.J.A.C. 5:21 et seq.).
3. 
As part of final approval, the development shall provide a municipal services agreement with the Borough for the contribution by the Borough for maintenance, snow plowing, refuse removal and lighting in accordance with the municipal policies in effect at the time of approval.
4. 
Each townhouse dwelling shall be constructed with and shall maintain a one-car driveway with a width of at least twelve (12') feet and a length of at least eighteen (18') feet between the face of the structure and the right-of-way.
c. 
The development(s) shall provide for stormwater management in accordance with all applicable regulations. Stormwater management basins shall be owned and maintained by a homeowners' association to be established by the developer. Stormwater management facilities provided as part of a one hundred (100%) percent affordable development shall be maintained by a property management entity. The phasing of stormwater management improvements, if necessary, shall be subject to the review and approval of the Planning Board and shall be completed in a manner that services the development areas as construction progresses.
d. 
Affordable Housing Requirements. Residential development projects developed under the provisions of the MFIZ-I shall provide for the development of affordable housing as outlined herein. Such affordable housing shall be provided through an affordable housing set-aside of two (2) low-income rental units and one (1) moderate-income rental unit interspersed throughout the development.
[Ord. No. 2017-02]
The purpose of the Affordable Housing Overlay Zone is to provide an opportunity to develop affordable housing to meet present and prospective housing needs, with particular attention to low- and moderate-income housing, in conformance with the requirements of the Court, the Fair Housing Act, and the Housing Element and Fair Share Plan of Point Pleasant Borough. Permitted and conditional uses within the designated Overlay Zone shall include all permitted and conditional uses in the underlying zoning district in which the Overlay Zone is located and allow for affordable housing development within the provisions of this section.
[Ord. No. 2017-02]
Tax lots with frontage on Route 88 and other suitable parcels within the Borough of Point Pleasant will be included in the overlay zone and allow for affordable housing development with no affect to any existing zoning district regulations or standards. A map is attached to this ordinance that delineates the overlay zone. Additionally, a list of all tax lots to be included in the Affordable Housing Overlay Zone is provided below.
Affordable Housing Overlay Zone
Tax Lots
Block
Lot
Current Use
Address
Owner
37
33
Residential
2003 VETERAN MEMORIAL DR
LYNESS, KEVIN
37
45
Commercial
2109 HERBERTSVILLE
ALMAR HOLDING LLC
37
32
Residential
2001 VETERAN MEMORIAL DR
MCLACHLAN, ROGER WALTER
37
41
Commercial
2105-07 VETERAN MEMORIAL
FINAST ENTERPRISES INC
NJ CORP
37
35
Cemetery
2009 VETERAN MEMORIAL DR
METHODIST PROTESTANT CEMETERY
37
34
Commercial
2005-07 VETERAN MEMORIAL
BUCKO, ROBERT & GEORGE & DAVID
39
1
Commercial
2115 LAKEWOOD RD
V M C REALTY, LLC
40
5
Commercial
2208 HERBERTSVILLE
JUNGSBERGER, PETER
40
2
Commercial
2204 HERBERTSVILLE
GUADAGNINO, LEOCADIA
40
1
Residential
2200 HERBERTSVILLE
MOMICH, ROSEMARY
40
6
Commercial
2307-9 LAKEWOOD RD
MANASQUAN SAVINGS BANK
40
3
Commercial
2301 LAKEWOOD RD
RIVERA, VICTOR G & RAPHAEL A
41
3
Vacant
(0.25 acres)
2401 LAKEWOOD RD
SHORE POINT PARTNERSHIP
41
2
Commercial
2409 LAKEWOOD RD
DASHUTA,WALTER M & MARION
41
1
Vacant
(0.49 acres)
2405 LAKEWOOD RD
SHORE POINT PARTNERSHIP
44
7
Commercial
2505-07 LAKEWOOD RD
POTENZA FAMILY LP
44
5
Commercial
2501-03 LAKEWOOD RD
CMZ PROPERTIES LLC
44
9
Commercial
2511 LAKEWOOD RD
2511 LAKEWOOD RD LLC
45
4.14
Residential Condos
2600 AUSTIN AVE
OCEAN PINES CONDO UNIT
45
4.18
Residential Condos
2600 AUSTIN AVE
OCEAN PINES CONDO UNIT
45
4.16
Residential Condos
2600 AUSTIN AVE
OCEAN PINES CONDO UNIT
45
4.01
Residential Condos
2600 AUSTIN AVE
OCEAN PINES CONDO UNIT
45
4.15
Residential Condos
2600 AUSTIN AVE
OCEAN PINES CONDO UNIT
45
4.2
Residential Condos
2600 AUSTIN AVE
OCEAN PINES CONDO UNIT
45
4.1
Residential Condos
2600 AUSTIN AVE
OCEAN PINES CONDO UNIT
45
4.05
Residential Condos
2600 AUSTIN AVE
OCEAN PINES CONDO UNIT
45
4.17
Residential Condos
2600 AUSTIN AVE
OCEAN PINES CONDO UNIT
45
4.09
Residential Condos
2600 AUSTIN AVE
OCEAN PINES CONDO UNIT
45
4.03
Residential Condos
2600 AUSTIN AVE
OCEAN PINES CONDO UNIT
45
4.02
Residential Condos
2600 AUSTIN AVE
OCEAN PINES CONDO UNIT
45
4.12
Residential Condos
2600 AUSTIN AVE
OCEAN PINES CONDO UNIT
45
4.07
Residential Condos
2600 AUSTIN AVE
OCEAN PINES CONDO UNIT
45
4.13
Residential Condos
2600 AUSTIN AVE
OCEAN PINES CONDO UNIT
45
4
Residential Condos
2600 AUSTIN AVE
OCEAN PINES CONDO -MANAGING AGENT
45
1
Commercial
2613-15 LAKEWOOD RD 4990
WENKE'S MOTEL LLC
45
4.08
Residential Condos
2600 AUSTIN AVE
OCEAN PINES CONDO UNIT
45
4.04
Residential Condos
2600 AUSTIN AVE
OCEAN PINES CONDO UNIT
45
4.19
Residential Condos
2600 AUSTIN AVE
OCEAN PINES CONDO UNIT
45
4.06
Residential Condos
2600 AUSTIN AVE
OCEAN PINES CONDO UNIT
45
4.11
Residential Condos
2600 AUSTIN AVE
OCEAN PINES CONDO UNIT
48
14
Residential
604 BOULTON AVE
LENAPE HOLDINGS
49
13
Commercial
2801 LAKEWOOD RD
ALKOC, BARIS & SABIR, INC
49
10
Commercial
2807 LAKEWOOD RD
MOOREHOUSE-SPEEDWELL LTD
52
13.01
Commercial
2911 LAKEWOOD RD SUITE 1
DOMANSKI, JOSEPH E, MD
52
13.1
Commercial
2911 LAKEWOOD RD SUITE 10
LAGOS, ATHANASIOS
52
13.05
Commercial
2911 LAKEWOOD RD SUITE 5
COLEMAN, TERRANCE M
52
13.06
Commercial
2911 LAKEWOOD RD SUITE 6
GBT HOLDINGS LLC
52
13.12
Commercial
2911 LAKEWOOD RD SUITE 12
MENZEL, JOHN
52
13.02
Commercial
2911 LAKEWOOD RD SUITE 2
LAMBUSTA, LOUIS M JR
52
13.03
Commercial
2911 LAKEWOOD RD SUITE 3
BHAT PROPERTIES LLC
52
13.11
Commercial
2911 LAKEWOOD RD SUITE 11
MENZEL, JOHN
52
13.09
Commercial
2911 LAKEWOOD RD SUITE 9
PISTOLAKIS, NICHOLAS & ANDREA
52
13
Commercial
2911 LAKEWOOD RD
PT. PLEASANT W PROF CONCOURSE
52
13.04
Commercial
2911 LAKEWOOD RD SUITE 4
BLAIR, CHRISTOPHER J
52
13.07
Commercial
2911 LAKEWOOD RD SUITE 7
COUNTY LINE TITLE AGENCY INC
53
7
Commercial
3009 LAKEWOOD RD
3009 ROUTE 88 LLC
53
6
Commercial
3005 LAKEWOOD RD
WHATS LEFT RENTALS LLC
53
4
Commercial
3001-03 LAKEWOOD RD
BATITSAS, STEVEN & SARAHWATI, DIANE
81
9
Commercial
3117 LAKEWOOD RD
MUOLO, FRANCESCO & ILIANA
81
1
Commercial
3101-03 LAKEWOOD RD
CARANNANTE, PASQUALE & ANTONIETTA
81
3
Commercial
3105 LAKEWOOD RD
WALLACE & SON PRO & ADVANCE AUTO
86
4
Commercial
3127 LAKEWOOD RD
OSBORNE PROPERTY MGMT LLC
86
1
Commercial
3121 LAKEWOOD RD
CURCI, PATRICK J III
86
3
Commercial
3123 LAKEWOOD RD
OSBORN PROPERTY MANGMT LLC
86
2
Commercial
3123 LAKEWOOD RD
OSBORN PROPERTY MANGMT LLC
87
1
Commercial
3141 LAKEWOOD RD
AKROTIRI, INC & KIMSCO
87
5
Residential
3147-49 LAKEWOOD RD
BEISEL, J., EST OF & P. BEISEL
87
6
Residential
3147-49 LAKEWOOD RD
BEISEL, J., EST OF &
P. BEISEL
87
4
Commercial
3145 LAKEWOOD RD
COCUZZA, DONALD
94
2
Commercial
3165 LAKEWOOD RD
BRIDGE 88 & ECOVA-MS3047
94
1
Commercial
3161 LAKEWOOD RD
RUBINOV, LUDMILLA & WALGREEN
95
2
Commercial
3205-11 LAKEWOOD RD
ROUTE 88/POINT LLC
95
1
Commercial
3201 LAKEWOOD RD
NEW HORIZON PROPERTIES LLC
96
1
Commercial
3306 BRIDGE AVE
WEISLEDER INC
97
39.01
Commercial
3217 LAKEWOOD RD
SOLDO, RICHARD & ANN
97
36
Commercial
3213 LAKEWOOD RD
BARTON, GERARD A & MAUREEN M
104
1
Residential
1163 BRADFORD DR
VALENTI, MICHAEL J
105
18
Commercial
1113 OCEAN RD
ROBERTSON, J & BAY HEAD L & N
105
23
State ROW
1101 OCEAN RD
STATE OF NJ - D.O.T.
105
22
State ROW
1103-05-07 OCEAN RD
STATE OF NJ - D.O.T.
105
21
State ROW
1109 OCEAN RD
STATE OF NJ - D.O.T.
105
17
Residential
1164 BRADFORD DR
DILLON, KEVIN G & CATHERINE A
105
20
Vacant
(0.17 acres)
1111 OCEAN RD
ROBERTSON, JOHN
105
24
Cemetery
1133 ARNOLD AVE
METHODIST EPISCOPAL CEMETERY
105
38
Residential
1117 ARNOLD AVE
BENNETTE, JESSICA A
105
40
Commercial
1123 ARNOLD AVE
DORNAN, MARK & BENEDETTI, ALVIN
105
41
Commercial
1125-1127 ARNOLD AVE
NORTH STAR PROPERTIES INC
105
28
Residential
1129 ARNOLD AVE
MOMICH, ROSEMARY
105
39
Commercial
1119 ARNOLD AVE
MORRIS, ELBERT TRUST ETAL
105
25
Commercial
1131 ARNOLD AVE
GUARINO, ANGELO J & CHRISTINE C
123
15
Residential
1117 BENEDICT ST
TOSKOVICH, J & L
123
7
Religious
1120 ARNOLD AVE
HARVEY MEMORIAL CHURCH
123
14
Vacant
(0.16 acres)
1025 OCEAN RD
MOATE, STANLEY A
123
10
Commercial
1039 OCEAN RD
C P MANG GRP INC & ADARSH PROP
123
13
Residential
1027 OCEAN RD
SOLOWSKI, MICHAEL & BONNIE
123
12
Commercial
1029 OCEAN RD
TITAN COMMERCIAL REAL ESTATE LLC
124
14
Commercial
1023 OCEAN RD
R C BURDICK PROPERTIES LLC
124
13
Residential
1122 BENEDICT ST
WEBER, RONALD & NANCY
124
17
Residential
1123-1125 OAKLAND ST
ULLGER, LIONEL & MARIE
124
16
Residential
1019 OCEAN RD
GUAMAN, JACINTO E & ERNESTINA
125
14.02
Residential
1125 RUE AVE
CANARY, DIANE
125
14
Residential
1009 OCEAN RD
MARTIN, CHRISTINE
125
13
Residential
1011 OCEAN RD
1011 OCEAN RD LLC
125
14.03
Residential
1123 RUE AVE
TOMASSO, ROBERT J. & MARILYN
125
12
Commercial
1013 OCEAN RD
LOGAN, L & PROPERTY TRANSFER SERIVE
125
14.01
Residential
1007 OCEAN RD
GALLAGHER, JANE T
127
22.05
Residential
917 OCEAN RD UNIT 5
JOHNSON, PETER & DIANE L
127
20.2
Residential
909 OCEAN RD UNIT 20
CONROY, THOMAS J
127
20.01
Residential
909 OCEAN RD UNIT 1
WILCOX, CHRISTOPHER S
127
20.02
Residential
909 OCEAN RD UNIT 2
VOZZA, LOUIS A & G ALISON
127
20.21
Residential
909 OCEAN RD UNIT 21
CURRY, SALLY D
127
20.17
Residential
909 OCEAN RD UNIT 17
LAMBUSTA, LOUIS JR
127
20.09
Residential
909 OCEAN RD UNIT 9
HEALY, TARA
127
20.08
Residential
909 OCEAN RD UNIT 8
MARI, PEHLIVANIAN TRUST
127
20.05
Residential
909 OCEAN RD UNIT 5
MARTONE, NICOLE
127
20.19
Residential
909 OCEAN RD UNIT 19
CALLAN, ROBERT & KATHLEEN
127
22.06
Residential
917 OCEAN RD UNIT 6
PAWLAK, P J & MCCABE, J M & J D
127
19
Residential
907 OCEAN RD
CORNEJO, FERNANDO & CARMEN
127
22.11
Residential
917 OCEAN RD UNIT 11
BERARDINO, AIMEE & RAFFAELE
127
27
Residential
925 OCEAN RD
DILLON, LESLIE
127
20.04
Residential
909 OCEAN RD UNIT 4
CORRENTE, JOHN
127
25
Residential
923 OCEAN RD
ADAMS, GORDON F III
127
22.04
Residential
917 OCEAN RD UNIT 4
DIBENEDETTO, JOSEPH & CHRISTINE
127
20.15
Residential
909 OCEAN RD UNIT 15
NACLERIO, THOMAS HARRY
127
16
Residential
901 OCEAN RD
LADA, JOHN
127
22.02
Residential
917 OCEAN RD UNIT 2
KELBAS, KENNETH & LILLIAN
127
22.1
Residential
917 OCEAN RD UNIT 10
WISNIEWSKI, MATTHEW
127
20.07
Residential
909 OCEAN RD UNIT 7
BEYER, JOSEPH MICHAEL
127
20.16
Residential
909 OCEAN RD UNIT 16
SATTERFIELD FARMILY TRUST
127
20.12
Residential
909 OCEAN RD UNIT 12
NELSON, JOHN T EST OF
127
18
Residential
905 OCEAN RD
ANAN, LAURA
127
22.12
Residential
917 OCEAN RD UNIT 12
SHARPE, ANN
127
20.1
Residential
909 OCEAN RD UNIT 10
RELLA, ANTHONY & MARIE
127
20.14
Residential
909 OCEAN RD UNIT 14
MATTOCKS, STEVEN F
127
17
Residential
903 OCEAN RD
KINGMAN, JOHN M JR & RACHEL C
127
20.11
Residential
909 OCEAN RD UNIT 11
MILLS, JENNIFER M
127
20.06
Residential
909 OCEAN RD UNIT 6
PRINCIOTTA, MAUREEN
127
22.09
Residential
917 OCEAN RD UNIT 9
BILOTTI, JAMIE A & FRANK D
127
20.18
Residential
909 OCEAN RD UNIT 18
MC LAUGHLIN, MARTIN & BETH
127
24
Residential
921 OCEAN RD
LOMBARDI RESIDENTIAL LLC
127
22.08
Residential
917 OCEAN RD UNIT 8
THEOFANIDES, DOROTHY
127
20
Condo Common Space
909 OCEAN RD
TANGLEWOOD EAST CONDO - MGMT AGENT
127
22.07
Residential
917 OCEAN RD UNIT 7
GILLIGAN, NEIL
127
22
Condo Common Space
917 OCEAN RD
TANGLEWOOD WEST CONDO - MGMT AGENT
127
20.03
Residential
909 OCEAN RD UNIT 3
HARRINGTON, JOHN & RUTH
127
22.03
Residential
917 OCEAN RD UNIT 3
SMITH, JAMES B & NORMA J
128
46
Commercial
805-807-809 OCEAN RD
POTUTO, JERRY
128
47
Residential
811 OCEAN RD
SKERLETTS, FRANK E & DIANA D
128
48.03
Residential
1136 BORDEN AVE
FECCI, ALBERT D & KIRBY E
128
45
Residential
803 OCEAN RD
BOND, TIMOTHY R & KATHLEEN
128
48
Residential
817 OCEAN RD
MORRIS, RICH & SHARON
128
44
Residential
801 OCEAN RD
HARTL, JAMES M
130
13
Commercial
707 OCEAN RD
SABELLA, THOMAS A & KAREN
130
15
Commercial
701 OCEAN RD
SOUTHLAND CORP & TAX DEPT #27497
131
15
Commercial
607 NORTH MANETTA DR
RAND FOUR INC & WOODHAVEN LUMBER
133
48
Vacant
(0.15 acres)
635 OCEAN RD
POINT PLEASANT, LP
133
54.01
Medical
1517 RICHMOND AVE
MEDICAL CENTER OF OCEAN COUNTY
133
46
Commercial
643 OCEAN RD
645 OCEAN ROAD LLC
133
51
Vacant
629 OCEAN RD
GRASSO, MAUREEN A & STAVOLA, R
133
47
Residential
637 OCEAN RD
STOLTE, ADRIANA
133
43
Commercial
655 OCEAN RD
PT 88 & BAY ASSOCIATES, LLC
133
50
Vacant
631 OCEAN RD
GRASSO, MAUREEN A & STAVOLA, R
133
49
Vacant
(0.16 acres)
633 OCEAN RD
POINT PLEASANT, LP
133
56
Commercial
1513 RICHMOND AVE
NASSAU TOWER REALTY LLC & WALGREENS
133
55
Commercial
1515 RICHMOND AVE
HARSCH, RAE
133
54
Commercial
1519 RICHMOND AVE
CHRISTO & DEMETRI LLC
136
1
Commercial
604 OCEAN RD
WICKITBAD LLC
136
15
Commercial
600 OCEAN RD
CRISCUOLO, JOHN & MARK & PAUL
137
3
Commercial
608 OCEAN RD
606 OCEAN HOLDINGS LLC
137
2
Commercial
610 OCEAN RD
TDM, LLC
138
1
Commercial
620 OCEAN RD
SJ HOSPITALITY LLC
139
1
Commercial
626 OCEAN RD
FRAZEE, GLORIA P & GAY FRAZEE
140
1
Commercial
632 OCEAN RD
SHORE POINT PLAZA LLC & JCR MANAGEMENT
141
1
Commercial
646-648 OCEAN RD
KRISTANNA LLC
141
2
Commercial
642 OCEAN RD
MELROSE INVESTMENTS INC
142
1.01
Commercial
650-654 OCEAN RD
BGC PARTNERS & GREGORY P KAPP
142
1
Commercial
656 OCEAN RD
OBED BROWN REALTY GROUP LLC
143
20.02
Commercial
800 OCEAN RD UNIT # 2
SAVITZ, RICHARD & JOANNE
143
20.01
Commercial
800 OCEAN RD UNIT # 1
LAPPKE, ANNE E
143
1
Commercial
700 OCEAN RD
700 ROUTE 88 LLC
143
21
Residential
806 OCEAN RD
HUNT, LINDSEY D & KNEHR, MATTHEW C
143
20.03
Commercial
800 OCEAN RD UNIT # 3
PEDICINI, J PAUL
143
22
Residential
808 OCEAN RD
FLEMING, MARY D
143
17
Religious
708 OCEAN RD
GOOD SHEPHERD LUTHERAN CHURCH
143
20
Condo Common Space
800 OCEAN RD
THE GABLES CONDOMINIUM - MGMT AGENT
147
27
Residential
822 OCEAN RD
MULLIGAN, GRACE E
147
25
Residential
812 OCEAN RD
O'MAHONY, EMER & NAILL
147
1
Commercial
824 OCEAN RD
MULLIGAN, FRANK J
147
26
Residential
814-818 OCEAN RD
FAYAD, HELEN
149
5
Residential
900 OCEAN RD
STEVENS, NICK
149
3
Residential
904 OCEAN RD
HARDING, JENNIFER
149
4
Residential
902 OCEAN RD
BAINE, GEORGE F III & CONCETTA
149
2
Residential
906 OCEAN RD
CALIFANO, LINDA
149
1
Residential
1202 SHERMAN AVE
ZIPAY, ELIZABETH JOYCE
153
11
Residential
912 OCEAN RD
TRENKLE, ROBERT
153
15
Public Property
918 OCEAN RD
POINT PLEASANT BOROUGH OF
153
1
Residential
926 OCEAN RD
MEANEY GERALD J & CAROL A
153
12
Residential
914 OCEAN RD
CARFELLO, JACK & ELLEN
153
13
Residential
920 OCEAN RD
ROSSI, THOMAS & KIMBERLY
153
13.01
Residential
924 OCEAN RD
COMMETTE, ELISABETH L
154
2
Residential
1000 OCEAN RD
SHALLOO, DAVID
161
13
Residential
1030 OCEAN RD
MASTRI, FRED
161
1.01
Commercial
1038 OCEAN RD UNIT 1
1038-3 ROUTE 88 LLC
161
1
Common Condo Space
1038 OCEAN RD
SHORELINE CONDO & SHORELINE PROP
161
14
Residential
1028 OCEAN RD
CARROLL, D & E
161
2
Commercial
1032 OCEAN RD
VERIZON
162
8
Residential
1209 JOHNSON AVE
LECHARD, JOHN ESTATE OF
162
2
Storage
1110 OCEAN RD
BENNETTE, JOHN R & JUDITH L
162
5
Residential
1102 OCEAN RD
MCWEENEY, BARNEY & SHARON
162
7
Commercial
1100 OCEAN RD
SAILSKIDIVE LLC
162
1
Residential
1112 OCEAN RD
BENNETTE, JOHN R & JUDITH L
162
3
Storage
1108 OCEAN RD
NASSAU TOWER REALTY LLC
163
2
Fire Station
1 MEMORIAL DR
PT PLEASANT FIRE CO #1
166
5
Residential
710 BEAVER DAM RD
FUSCO, JOSEPH R & KARYN
166
12
Condo Common Space
INTERCOASTAL WAY
INTERCOASTAL CLUB CONDOMINIUMS
169
6
Residential
2111 PARK DR
FRIEDMAN, TODD & TRACI
169
7
Residential
2113 PARK DR
SCHWARZ, ALTHEA
169
33
Residential
706 ALBERT E CLIFTON AVE
CINOTTI, LYNDA D
169
5
State ROW
2109 PARK DR
STATE OF NJ - D.O.T.
169
5.01
State ROW
2103 PARK DR
STATE OF NJ - D.O.T.
169.01
34
Commercial
2114 LAKEWOOD RD
FIRST OF DAY INC
173
4
Residential
709 ALBERT E CLIFTON AVE
WHITE, GILDA D
173
3
State ROW
2204 LAKEWOOD RD
STATE OF NJ DOT
173
2
State ROW
2204 LAKEWOOD RD
STATE OF NJ DOT
173
1
State ROW
2204 LAKEWOOD RD
STATE OF NJ DOT
174
4
Commercial
2300 LAKEWOOD RD
ROUTE 88 PROPERTIES, LLC
175
3
Public Property
2310 LAKEWOOD RD
POINT PLEASANT BOROUGH
175
4
Commercial
2308 LAKEWOOD RD
VAN EMBURGH, CHARLES
176
3
Vacant
(0.3 acres)
2402 LAKEWOOD RD
REHRER, LINDA M
176
1
Commercial
2408 LAKEWOOD RD
ABBOUD ENTERPRISES LLC
176
4
Commercial
2400 LAKEWOOD RD
SLF REALTY LLC
176
12
Social Club
706 RIVER AVENUE
LOYAL ORDER OF MOOSE
192
1
Commercial
2506 LAKEWOOD RD
DE FELICE ASSOCIATES
193
2
Commercial
2608-10 LAKEWOOD RD
LITWIN PROPERTIES LLC
193
1
Commercial
2612 LAKEWOOD RD
LANDAU, ROBERT
193
5
Commercial
2600 LAKEWOOD RD
MAC LINTON LLC
203
22
Residential
2704 LAKEWOOD RD
GALANTE, ANTHONY
203
1
Commercial
2700 LAKEWOOD RD
CML REALTY LLC
204
13
Commercial
2804 LAKEWOOD RD
JCP&L C/O FE SERVICE TAX DEPT
204
1
Residential
2800 LAKEWOOD RD
ABBOUD, MAROUN
208
10
Commercial
2900 LAKEWOOD RD
SQUARE B LLC
208
1
Commercial
3014 LAKEWOOD RD
CARANNANTE, PASQUALE & ANTONETTE
208
2
Commercial
3010 LAKEWOOD RD
POINT BEACH HOLDINGS LLC
208
7
Commercial
3000 LAKEWOOD RD
PBK LAND DEVELOPMENT LLC
209
3
Commercial
3146 LAKEWOOD RD
CRICINJO, LLC
209
21
Commercial
3100 LAKEWOOD RD
CARANNANTE FAMILY LLC
209
5
Commercial
3140 LAKEWOOD RD
JOHNSON, HAROLD H & JOAN C
209
18
Commercial
3114 LAKEWOOD RD
SHIELDS, JEFFREY F & HELEN C
209
1
Commercial
3150 LAKEWOOD RD
WEN-CHRIS INC
209
10
Commercial
3132-34 LAKEWOOD RD
GILBERT, H & E & HOUSE OF PAINTS
209
14
Commercial
3122 LAKEWOOD RD
CURCI LAND DEVELOPMENT LLC
211
1
Commercial
3156 LAKEWOOD RD
ANCHOR MGMT LLC
211
2
Commercial
3158 LAKEWOOD RD
TURKMEN, JOSEPH & SUSAN
211
3
Commercial
3164 LAKEWOOD RD
GAS ONE OF NJ LLC
212
1
Commercial
3260 BRIDGE AVE
MARIDAN ENTERPRISES INC
349
5
Public Property
3214 LAKEWOOD RD
POINT PLEASANT BOROUGH OF
349
3.01
Commercial
3208-58 BRIDGE AVE
POINT 88 REALTY CO INC
[Ord. No. 2017-18]
AFFORDABLE HOUSING DEVELOPMENT
the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or structure that provides for-sale or rental dwelling units for low & moderate income households within a residential use, structure, or residential component of a mixed-use development in accordance with the requirements of the Borough of Point Pleasant's affordable housing ordinances, Housing Element & Fair Share Plan, or Settlement Agreement.
MIXED-USE DEVELOPMENT
shall mean a structure or building that encompasses two or more different land uses, which shall be a retail or commercial component and a residential component, whereby any commercial use must be on the ground floor of said building or structure and the upper levels of the structure shall be the residential component and may house low and moderate income units, for-sale or rental, in accordance with the requirements of the Borough of Point Pleasant's affordable housing ordinances, Housing Element & Fair Share Plan, or Settlement Agreement.
[Ord. No. 2017-02; Ord. No. 2017-18; amended 2-28-2022 by Ord. No. 2022-04]
The maximum density permitted for all affordable housing development in the overlay zone is six (6) units per acre. However certain parcels, highlighted in the table above and delineated in the attached map, have been selected for a higher density as these parcels are deemed suitable to handle an increased density for larger developments. These highlighted parcels will be permitted a maximum density of twelve (12) units per acre.
[Ord. No. 2017-02; Ord. No. 2017-18]
a. 
All uses permitted within the underlying zoning district in which the overlay zone is located.
b. 
Affordable housing development for sale or rental housing may include the following uses:
1. 
Mixed Use Development;
2. 
Townhouses;
3. 
Supportive and Special Needs Housing; and
4. 
Multi-family development with five (5) or more units.
[Ord. No. 2017-02; Ord. No. 2017-18]
a. 
Off-street parking facilities in conformance with RSIS standards;
b. 
Signs in accordance with the standards of Chapter IX - Signs;
c. 
Fences, walls, and other design standards of the underlying zoning in accordance with the Borough Zoning Ordinance;
d. 
Common facilities and amenities serving residents of multifamily developments including swimming pools or other on-site recreational facilities, common walkways, sitting areas and gardens, and other similar accessory uses.
[Ord. No. 2017-02; Ord. No. 2017-18]
The bulk requirements for affordable housing development shall be in conformance with the following:
Affordable Housing Overlay Bulk Requirements
Use
Minimum Lot Area
Minimum Lot Frontage
Minimum Lot Width
Minimum Front Yard Setback
Minimum Side Yard Set Back
Minimum Rear Yard Setback
Maximum Lot Coverage
Maximum Building Height
Mixed-Use Develop-ment
5,000 SF
50 Feet
50 feet
10 Feet
5 feet
25 feet
70%
3 stories/
42 feet
Townhouses
2,800 SF
28 feet
28 feet
20 feet
15 feet
20 feet
75%
3 stories/
42 feet
Multi-family develop-ment
0.8 Acres
150 feet
150 feet
50 feet
30 feet
30 feet
70%
3 stories/
42 feet
[Ord. No. 2017-02; Ord. No. 2017-18]
All affordable housing developments within the overlay zone, for projects creating five (5) or more units only, shall provide a minimum of twenty (20%) percent affordable housing units for low and moderate income households in accordance with Point Pleasant Borough affordable housing requirements. All affordable housing developments shall conform to the standards found in the Borough of Point Pleasant's Affordable Housing Ordinance including provisions for affordability, very low income units, and UHAC standards.
[Ord. No. 2017-18]
Age-restricted units shall be permitted within any affordable housing development including this overlay zone ordinance. Age-restricted units shall not exceed twenty-five (25%) percent of any given affordable housing development's low and moderate income set aside.
[Added 4-10-2023 by Ord. No. 2023-05]
a. 
Purpose. The purpose of the R2T2 Parcel Overlay Zone is to provide a realistic opportunity for very-low, low and moderate-income housing within an inclusionary development. This ordinance is in furtherance of the Borough's Settlement Agreement between the Borough and R2T2, LLC for a parcel located at 2613-2615 Lakewood Road (Block 45, Lot1). Pursuant to the settlement agreement, this Overlay Zone shall permit the construction of no more than 16 residential units consisting of four, three-story townhome units and 12 multi-family apartments. The multi-family apartment building will be three stories in height and contain all two-bedroom units. There shall be a minimum of three affordable housing units within the multi-family apartment building. The settlement agreement includes a concept plan that is the basis of this subsection, and the Concept Plan is attached as Exhibit A.[1]
[1]
Editor's Note: Exihibit A may be found in the Borough offices.
b. 
Permitted Principal Uses.
1. 
Townhouses; and
2. 
Multi-family apartments.
c. 
Permitted accessory uses shall be in conformance with subsection 19-15C.6 including a pavilion structure.
d. 
Bulk Regulations.
1. 
Minimum lot area: 0.9 acre.
2. 
Minimum lot width: 150 feet.
3. 
Minimum lot frontage (Route 88): 150 feet.
4. 
Minimum front yard setback (Route 88): 16 feet.
5. 
Minimum side yard setback (Curtis Avenue): 14 feet.
6. 
Minimum side yard setback (Lot 4): 60 feet.
7. 
Minimum rear yard setback (Austin Avenue): 11 feet.
8. 
Maximum lot coverage: 65%.
9. 
Maximum building height: three stories and 42 feet.
10. 
Maximum Density: 16 units total.
e. 
Site Layout and Design. The site layout and design shall be substantially consistent to the Concept Plan, CP-09, dated April 5, 2022 and revised as of September 27, 2022, prepared by L2A Land Design LLC, which is attached as Exhibit A[2] to this subsection.
[2]
Editor's Note: Exihibit A may be found in the Borough offices.
f. 
Parking.
1. 
Minimum Number of Stalls. Off-street parking will be provided consistent with the Residential Site Improvement Standards, N.J.A.C. 5:21a-1 et seq., and a minimum of 33 stalls shall be provided.
2. 
Minimum stall size: nine feet by 18 feet.
3. 
Minimum distance of parking to property line: two feet.
4. 
Minimum Two-Way Drive Aisle Width: 24 feet.
5. 
Off-street parking shall be permitted in the front, side and rear yards.
g. 
One monument sign will be permitted, as follows:
1. 
Maximum size: 20 square feet.
2. 
Minimum sign height from ground: two feet.
3. 
Setback from property line: five feet.
4. 
Located near intersection Route 88 and Curtis Avenue as generally depicted on Concept Plan.
Design Standards. The regulations set forth in subsection 19-15C.10 are the only development standards regulating bulk, intensity, design and use on the R2T2 Parcel. In the event of a conflict between the provisions of this section and other sections of the Borough development regulations with respect to the development of affordable housing, the provisions of the R2T2 Parcel Overlay Zone District shall govern.
h. 
Affordable Housing. In accordance with the settlement agreement, one unit shall be deed restricted to very-low-income households, one unit shall be deed restricted for low-income households and one unit shall be deed restricted for moderate-income households. The affordable housing units shall be two-bedroom family rental units and shall otherwise comply with the Borough's affordable housing ordinances, the Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.1 et seq. eq., or any successor legislation.
[Ord. #601, S 109-57]
Pump stations and other structures which form an integral part of the sanitary sewerage collection system of the Borough are hereby exempted from the provisions of this Chapter.
[Ord. #601, S 109-58]
The following regulations shall supplement specific District regulations with respect to screening.
a. 
Wherever screening is called for in this Chapter and the specific District regulations do not otherwise stipulate, the following shall be provided:
1. 
A strip of at least four (4') feet wide, densely planted with shrubs or trees, at least four (4') feet high at the time of planting, and which shrubs or trees are of a type which may be expected to form a year-round dense screen at least six (6') feet high within three (3) years; or
2. 
An opaque wall of masonry or timber, uniformly planted or otherwise finished, at least six (6') feet in height, of permanent-type construction.
b. 
In addition, such screening:
1. 
Shall be maintained in good condition at all times.
2. 
May be interrupted by normal entrances or exits.
[Ord. #601, S 109-59]
The following regulations shall be applied to any proposed public-utility distribution, transmission or collection station hereinafter located in the Borough.
a. 
No service yard or storage area shall be permitted in any residential zone.
b. 
A site plan of the proposed installation, together with plans and specifications for any proposed building, shall be submitted, in triplicate, to the approving authority.
c. 
Proof shall be furnished to the approving authority that the installation will improve the public-utility service to the community and will not impair the safety, health and general welfare of the citizens of the Borough.
d. 
The design of any building proposed in the application shall conform to the general character of the area.
e. 
Adequate and attractive fences and other safety devices shall be provided as well as sufficient landscaping, including shrubs, trees and lawns which shall be regularly maintained.
[Ord. #601, S 109-61; Ord. #808, S 1; Ord. #830, S 1]
a. 
No commercial vehicle which has a gross vehicle weight rating of ten thousand (10,000) or more pounds shall be parked on any street in a residential district.
b. 
No commercial vehicle which has a gross vehicle weight rating of fourteen thousand (14,000) or more pounds shall be parked on private property in an residential district, unless such vehicle is garaged and not visible from the public street or from neighboring properties.
c. 
The above restrictions shall not apply to vehicles in the process of being used to deliver goods and/or services to a residential property.
d. 
No more than two (2) commercial vehicles of any weight shall be permitted to be parked on a residential property at any one time, only one of which shall be permitted to exceed ten thousand (10,000) pounds.
e. 
No more than two (2) commercial vehicles per housing unit or commercial establishment shall be allowed to park on a public street or a street in a residential district.
f. 
No tractor, tractor trailer, or construction equipment shall be parked in a residential district, except for delivery of goods and/or services to a property in such districts.
g. 
Nothing in this section shall be construed as permitting parking in areas where same is prohibited by virtue of regulations contained in Chapter VII, Traffic, of the Code of the Borough of Point Pleasant.
[Ord. #601, S 109-61]
It shall be unlawful for any person to park any trailer or camp car on any street within the Borough except for the purpose of emergency repair.
[Ord. #601, S 109-62]
An application for a Conditional Use Permit shall be made to the Planning Board, provided, however, that the Board of Adjustment shall have the power to grand conditional use approval whenever the Board of Adjustment is reviewing an application for approval of a variance pursuant to N.J.S.A. 40:55D-70(d), commonly known as a "use" variance.
a. 
The Planning Board shall grant or deny an application for a Conditional Use Permit within ninety-five (95) days of submission of a complete application within such further time as may be consented to by the applicant.
b. 
The Board of Adjustment, in conjunction with an application for a variance pursuant to N.J.S.A. 40:55D-70(d), shall grant or deny an application for a Conditional Use Permit within one hundred twenty (120) days or within such further time as may be consented to by the applicant.
Editor's Note: Former subsection 19-16.7, Minimum Floor Space of Dwellings, previously codified herein and containing portions of Ordinance No. 601, was repealed in its entirety by Ordinance No. 2003-13.
[Ord. #601, S 109-64]
All garage floors shall be at least six (6") inches higher than the crown of road as surveyed by the Borough Engineer in front of a building at the main garage door area, unless otherwise approved by the Borough Engineer, which approval shall be obtained prior to the commencement of construction.
[Added 5-10-2021 by Ord. No. 2021-08]
The following uses shall be prohibited in all zoning districts in the Borough of Point Pleasant:
a. 
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service.
[Added 8-22-2022 by Ord. No. 2022-13]
a. 
Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and Make-Ready parking spaces through municipal parking regulations and other standards. EVSE and Make-Ready parking spaces will support the State's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and storm water runoff contaminants. The goals are to:
1. 
Provide adequate and convenient EVSE and Make-Ready parking spaces to serve the needs of the traveling public.
2. 
Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.
3. 
Provide the opportunity for non-residential uses to supply EVSE to their customers and employees.
4. 
Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.
b. 
Definitions.
CERTIFICATE OF OCCUPANCY
The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) and regulations adopted pursuant thereto.
CHARGING LEVEL
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
1. 
Level 1 operates on a 15 to 20 amp breaker on 120 volt AC circuit.
2. 
Level 2 operates on a 40 to 100 amp breaker on a 208 or 240 volt AC circuit.
3. 
Direct-current fast charger (DCFC) operates on a 60 amp or higher breaker on a 480 volt or higher three phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
ELECTRIC VEHICLE
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE
The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."
MAKE-READY PARKING SPACE
Means the pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. Make Ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment on a "plug and play" basis. "Make-Ready" is synonymous with the term "charger ready," as used in P.L.2019, c.362 (C.48:25-1 et al.).
PRIVATE EVSE
EVSE that has restricted access to specific users (e.g., single and two-family homes, executive parking fleet parking with no access to the general public).
PUBLICLY-ACCESSIBLE EVSE
EVSE that is publicly available (e.g., park & ride, public parking lots and garages, on-street parking, shopping center parking, non-reserved parking in multi-family parking lots, etc.).
c. 
Approvals and Permits .
1. 
An application for development submitted solely for the installation of EVSE or Make-Ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
2. 
EVSE and Make-Ready Parking Spaces installed pursuant to paragraph d below in development applications that are subject to site plan approval are considered a permitted accessory use as described in paragraph 1 above.
3. 
All EVSE and Make-Ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
4. 
The zoning officer and/or code enforcer shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of Borough's land use regulations.
5. 
An application for development for the installation of EVSE or Make-Ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:
(a) 
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
(b) 
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and
(c) 
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), any safety standards concerning the installation, and any State rule or regulation concerning electric vehicle charging stations.
6. 
An application pursuant to paragraph 5 above shall be deemed complete if:
(a) 
The application, including the permit fee and all necessary documentation, is determined to be complete,
(b) 
A notice of incompleteness is not provided within 20 days after the filing of the application, or
(c) 
A one-time written correction notice is not issued by the zoning officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
7. 
EVSE and Make-Ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
8. 
A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.
d. 
Requirements for New Installation of EVSE and Make-Ready Parking Spaces.
1. 
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
(a) 
Prepare as Make-Ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least one-third of the 15% of Make-Ready parking spaces;
(b) 
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional one-third of the original 15% of Make-Ready parking spaces; and
(c) 
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final one-third of the original 15% of Make-Ready parking spaces.
(d) 
Throughout the installation of EVSE in the Make-Ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.
(e) 
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above.
2. 
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in paragraph 1 above shall:
(a) 
Install at least one Make-Ready parking space if there will be 50 or fewer off-street parking spaces.
(b) 
Install at least two Make-Ready parking spaces if there will be 51 to 75 off-street parking spaces.
(c) 
Install at least three Make-Ready parking spaces if there will be 76 to 100 off-street parking spaces.
(d) 
Install at least four Make-Ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.
(e) 
Install at least 4% of the total parking spaces as Make-Ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.
(f) 
In lieu of installing Make-Ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
(g) 
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above.
(h) 
Notwithstanding the provisions of this Section, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or Make-Ready parking spaces.
e. 
Minimum Parking Requirements
1. 
All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Chapter 19, Land Use.
2. 
A parking space prepared with EVSE or Make-Ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.
3. 
All parking space calculations for EVSE and Make-Ready equipment shall be rounded up to the next full parking space.
4. 
Additional installation of EVSE and Make-Ready parking spaces above what is required in paragraph d above may be encouraged, but shall not be required in development projects.
f. 
Reasonable Standards for All New EVSE and Make-Ready Parking Spaces.
1. 
Location and layout of EVSE and Make-Ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.
2. 
Installation.
(a) 
Installation of EVSE and Make-Ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
(b) 
Each EVSE or Make-Ready parking space that is not accessible for people with disabilities shall be not less than 9 feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.
(c) 
To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and Make Ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(d) 
Each EVSE or Make-Ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
3. 
EVSE Parking.
(a) 
Publicly-accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.
(b) 
Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
(c) 
Public Parking. Pursuant to N.J.S.A. 40:48-2, publicly-accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code or Section 19-18.1. Signage indicating the penalties for violations shall comply with paragraph 5 below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(d) 
Private Parking. The use of EVSE shall be monitored by the property owner or designee.
4. 
Safety.
(a) 
Each publicly-accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to paragraph 5 below.
(b) 
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with Borough's ordinances and regulations.
(c) 
Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly-accessible EVSE. Non-mountable curbing may be used in lieu of bollards if the EVSE is setback a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be 3 to 4 feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.
(d) 
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in paragraph (e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e) 
Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
(f) 
Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(g) 
Publicly-accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, Borough shall require the owners/designee of publicly-accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.
5. 
Signs.
(a) 
Publicly-accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to, and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.
(b) 
All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.
(c) 
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with paragraph b above.
(d) 
In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly-accessible EVSE parking spaces:
(1) 
Hour of operations and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;
(2) 
Usage fees and parking fees, if applicable; and
(3) 
Contact information (telephone number) for reporting when the equipment is not operating or other problems.
6. 
Usage Fees.
(a) 
For publicly-accessible municipal EVSE: In addition to any parking fees, the fee to use parking spaces within the municipality identified as EVSE spaces shall be established by the Borough for each hour that the electric vehicle is connected to the EVSE (or per kWh).
(b) 
This fee may be amended by a resolution adopted by the governing body.
(c) 
Private EVSE: Nothing in this section shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable State and Federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.
[Ord. #601, S 109-65; Ord. #91-42, S 1; amended 3-11-2024 by Ord. No. 2024-06]
Any existing use of land or use of structures and premises, or any structure by nature of its size or position on land which is not in conformity with the provisions of this Chapter at the date of the enactment of this Chapter, may be continued subject to the limitations set forth below and subject to any other existing ordinance of the Borough, any statute of the State of New Jersey or of the United States, notwithstanding the fact that there has been a change of title or possession. The nonconforming building or existing uses may be continued, as aforesaid, provided further, however, that:
a. 
No nonconforming lot shall be further reduced in size.
b. 
No existing structure devoted to a use not permitted by this Chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed or structurally altered in any way except as may be required for normal maintenance or to prevent damage or injury. Such an existing nonconforming use in a structure may be changed to a use permitted in the district in which it is located, for it is the intent of this Section to discourage the continuance of a use nonconforming to other uses in the district, provided, however, that any such change of structure to a permitted use shall be an abandonment.
c. 
If no structural alterations are made, any nonconforming use of a structure may be changed to another nonconforming use only if, prior to that change, the approving authority shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use.
d. 
No nonconforming building shall be enlarged, extended or increased unless such enlargement would tend to reduce the degree of nonconformity.
e. 
A lot which is of public record established prior to the adoption of this Chapter, and previously approved by the Borough Council or the Planning Board, having a frontage of fifty (50') feet or greater, and a square footage of five thousand (5,000) square feet, or greater, having been approved prior to August 31, 1990, may be used for permitted use in the district in which it is located. Yard dimensions or other requirements not involving area or width of lot shall conform, or a variance for such yard or other requirements not involving area or width shall be obtained from the approving authority.
f. 
Any structure or structures and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use shall not thereafter be resumed.
g. 
Any non-conforming undersized lot shall not require variance relief for any proposed accessory structure conforming to the regulations of that district.
[Ord. #601, S 109-66]
No nonconforming use of any portion of a lot, building or structure may be moved to any other part or parcel of land upon which the same was conducted at the time of the adoption of this Chapter.
[Ord. #601, S 109-67]
A nonconforming building or structure may be altered (but not enlarged or extended) during its life to an extent not exceeding in aggregate ten (10%) percent of the recorded true value, as appraised in the records of the Tax Assessor of the Borough, only upon application to the Board of Adjustment and notice to all property owners, such notice being given in conformance with N.J.S.A. 40:55D-1, et seq.
[Ord. #601, S 109-68; Ord. #673]
A nonconforming use shall be presumed to be abandoned when there occurs a cessation of such use or activity by an apparent act or failure to act on the part of the tenant, user, occupier or owner to reinstate such use within a period of one (1) year from the date of such cessation or discontinuance. Such use shall not thereafter be reinstated and the structure shall not be reoccupied, unless and until the building or structure shall conform to the regulation contained in this Chapter for the district in which such lot is located. Further, the change of a nonconforming use to a permitted use in the district in which the lot is located by such tenant, user, occupier or owner shall constitute an immediate abandonment of the nonconforming use.
[Ord. #601, S 109-69]
Any nonconforming building or structure may be repaired or restored in the event of partial destruction thereof. What constitutes "partial destruction" shall depend upon all the facts and circumstances, including, but not limited to, the estimated cost of repair or restoration, whether it would be necessary to restore the building or structure substantially as though a new building or structure were being constructed, whether the partially destroyed building is habitable or fit for occupancy, among others.
Complete restoration must be achieved within one (1) year of the commencement of repairs or restoration. In the event that the restoration is not completed within such year, the nonconforming use shall not be permitted to be restored.
In the event a dispute arises as to whether a building or structure has been totally destroyed, the controversy shall be heard by the Board of Adjustment after due notice has been given to all parties of interest in accordance with the requirements of this Chapter.
[Ord. #601, S 109-70]
Nothing in this Section shall be construed so as to prevent the strengthening or restoration to a safe and lawful condition of any part of a building or structure declared to be unsafe or unlawful by the Construction Official, Chief of the Fire Department or duly authorized Borough official.
[Ord. #601, S 109-71]
Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has heretofore been issued and any construction which shall have been diligently prosecuted within three (3) months of the date of such permit, and the ground-story framework of which, including the second tier of beams, shall have been completed within six (6) months of the date of such permit, and which entire building shall be completed according to such plans, as filed, within one (1) year of the date of this Chapter.
[Ord. #601, 109-72]
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the provisions of this Section shall also apply to any nonconforming uses existing therein or created thereby.
[Ord. #2013-03]
Pursuant to Section 9 of Ordinance No. 2013-03, this subsection 19-17.9 shall no longer be effective or apply and shall be repealed in its entirety on December 31, 2014, unless such date of repeal is further extended by ordinance of the Governing Body.
a. 
For any nonconforming single-family dwelling located within the R-1, R-1A, R-3, R-M, and RM/POS Zoning Districts (said zoning districts to be defined hereinafter as "residential zoning districts") of the Borough that shall have been destroyed by reason of flood, windstorm, fire, explosion or act of God or otherwise to an extent of more than partial destruction as provided for in N.J.S.A. 40:55D-68, and such destruction shall have been deemed substantially damaged by the Borough Code Enforcement Officer, for the period permitted by this subsection, such nonconforming single-family dwelling located within a residential zoning district of the Borough may be rebuilt, restored or repaired, provided such building or structure is rebuilt, restored or repaired within the existing dwelling's footprint, does not exceed the height, area and bulk footprint such as setbacks of the original building or structure, and such rebuilding, restoration or repair is otherwise in conformity with the regulations of this Chapter. Nothing in this subsection shall prevent the strengthening or restoring to a safe condition of any wall, floor or roof which has been declared unsafe by the Construction Official.
b. 
Any nonconforming single-family dwelling which has been damaged by fire, explosion, flood, windstorm or act of God shall be examined by the following two (2) people:
1. 
The Construction Code Official.
2. 
The owner or an architect or engineer selected by the owner.
c. 
If, in the opinion of the majority of the above people, the value of repairing the condition is fifty (50%) percent or greater of the total market value of replacing the entire structure, it shall be considered destroyed and may be rebuilt to the original specifications only as provided by paragraph a. herein.
d. 
Where the value of repairing the condition is determined to be less than fifty (50%) percent of the value of replacing the entire structure, the nonconforming single-family dwelling may be rebuilt and used for the same purpose as before, provided that it does not exceed the height, area and bulk of the original structure.
e. 
The percent damaged shall be determine using the current replacement costs of the portion damaged, computed as a percentage of the current replacement cost of the entire structure, and shall not include the cost of the foundation unless the foundation is damaged or condemned.
f. 
Notwithstanding the provisions of paragraph a. above, for all zones governed by this subsection that provide for a maximum building height of thirty-two (32') feet and as otherwise provided in the Borough Code, the definition of "building height" as set forth in the "Flood Damage Prevention" section of the Borough Code, Section 19-37, shall apply for the purposes of those property owners who intend to raise their homes.
g. 
Reversion. No nonconforming use shall, if once changed to a conforming use, be changed back to a nonconforming use.
h. 
Alterations and Repairs. In the zones governed by this subsection, a nonconforming single-family dwelling having damage of less than fifty (50%) percent may be altered and repaired, but not enlarged or extended, during the term of this subsection, unless said dwelling is changed to a single-family dwelling conforming to the requirements of this Chapter.
i. 
Prior Approved Construction. Nothing herein contained shall require any change in the plans, construction or designated use of a building or structure for which a building permit has been heretofore issued and substantial construction has taken place prior to the date of the adoption of this subsection.
j. 
District Boundary Changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the provisions of this subsection shall also apply to any nonconforming single-family dwellings.
[Ord. #601, S 109-73; Ord. #1997-20, SS 2—4; Ord. #2003-13, S 13]
a. 
Officials Appointed; Zoning and Code Enforcement Officer. An administration official, who shall be known as the "Zoning and Code Enforcement Officer," designated by the Borough Council, shall administer and enforce this Chapter. To enforce the provisions of this Chapter, the Zoning and Code Enforcement Officer shall follow the procedures set forth in Chapter II, Section 2-15 of the Code of the Borough.
Construction Official. The administrative official appointed by Borough Council in accordance with the provisions of the New Jersey Uniform Construction Code.
b. 
Procedures for Obtaining Building Permits. No building or other structure, including retaining walls and bulkheads, shall be erected, moved, added to or structurally altered without a permit therefor being issued by the Construction Official. The procedure for obtaining a building permit shall be as follows:
1. 
An applicant shall submit plans of the proposed construction to the Construction Official for their approval.
2. 
If the proposed plans do not involve any new construction or any construction involving dimensional changes to existing structures, the Construction Official, after considering the plans, shall grant a building permit in accordance with the New Jersey Uniform Construction Code.
3. 
If the proposed construction involves new construction or any construction involving dimensional changes to existing structures, the Construction Official shall immediately forward the applicant's plans to the Zoning and Code Enforcement Officer for their approval.
4. 
If the Zoning and Code Enforcement Officer approves the plans, then they shall so notify the Construction Official who shall issue a building permit within five (5) days after receipt of the notice.
5. 
If the Zoning and Code Enforcement Officer shall disapprove the plans, they shall notify the applicant and the Construction Official.
6. 
The Zoning and Code Enforcement Officer shall notify the Construction Official and Zoning Board of Adjustment of their approval or disapproval within thirty (30) days after receipt of the building plans.
7. 
A refusal by the Zoning and Code Enforcement Officer to grant approval shall confer jurisdiction on the approving authority to consider the matter.
c. 
Certificate of Occupancy for New, Altered or Nonconforming Uses. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises or both, or parts thereof, hereafter created, erected, changed, converted or wholly or partially altered or enlarged in its use or structure until a Certificate of Occupancy shall have been issued therefor by the Construction Official, stating that the proposed use of the building or land conforms to the requirements of this Chapter. Upon service of a notice by the Construction Official to the owners of any violation of any of the provisions of the requirements with respect to any building, land or use thereof, as specified in this Chapter, a previously issued Certificate of Occupancy for use shall be deemed to be in violation of this Chapter and subject to the penalties hereinafter prescribed. A new Certificate of Occupancy shall be required for any further use of such building or land.
d. 
It shall be unlawful to use or permit the use of any premises or parts thereof, hereafter created, erected, changed, converted or wholly, partially, altered, until either a Certificate of Occupancy or, in the case of the construction, alteration, or modifications of swimming pools, outside sheds, or oil tanks, a Certificate of Acceptance had been issued by the Construction Official.
e. 
Records. It shall be the duty of the Construction Official to keep records of all applications, all permits issued and all Certificates of Occupancy which he/she countersigns, together with a notation of all special conditions involved. He/she shall file and safely keep all copies of any plans submitted, which plans shall form a part of the record of his office and be available for the use of the officials of the Borough.
f. 
Monthly Report. The Construction Official shall prepare a monthly report from the Borough Council summarizing for the period since his last previous report all permits issued, all certificates countersigned by him/her, all complaints and violations and the action taken by him/her with respect thereto.
[Ord. #601, S 109-74]
It is the intent of this Chapter that all questions of interpretation and enforcement of the Zoning sections of this Chapter shall be first presented to the Zoning and Code Enforcement Officer, that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Zoning and Code Enforcement Officer.
[Ord. #2014-09 S 3]
The Borough shall attempt to undertake annual inspections by the Zoning and Code Enforcement Officer to ensure the conditionally permitted use remains as required.
[Ord. No. 2017-25 § 1]
In the event that the Construction Official or the Zoning Officer of the Borough shall determine that any condition contained in a resolution or court order approving an application for development has been violated, he/she shall notify the property owner in writing, of his findings in order that the violation be corrected within thirty (30) days of the date of the notice. Conditions contained in the resolution approving an application for development shall be deemed to be continuing conditions, and the property owner or subsequent transferees of the real property shall be responsible for the maintenance, replacement and repair of any improvements required by such conditions.
[Added 3-14-2022 by Ord. No. 2022-05]
a. 
As-built plans shall be required for all structures proposing a change in footprint. As-built plans and/or surveys required by this Code section shall be prepared by a New Jersey licensed surveyor.
b. 
A foundation location survey shall be submitted to the Land Use Officer.
c. 
Upon completion of the framing of the highest point of the structure, a roof ridge certificate shall be submitted which will demonstrate that the finished structure will not exceed the permitted roof height.
d. 
Prior to the issuance of a Certificate of Occupancy or a Certificate of Approval, an as-built survey prepared and certified by a licensed surveyor shall be submitted showing as-built conditions and elevations. As-built plans for new or altered structures showing as-built conditions and elevations shall be submitted to show conformity with the approved site plan.
e. 
Applications that include swimming pools or spas shall submit an as-built survey to the Land Use Officer at the time formwork is completed and prior to pouring of concrete or setting of unit. The as-built survey shall indicate the location of the pool on the property by reference of property lines and setbacks.
f. 
Applications that include pavers, shall submit an as-built survey upon completion of the pavers to the Land Use Officer to verify that the approved hardscaping was constructed in accordance with the approved permit, and the as-built plan shall provide an updated zoning schedule to demonstrate compliance with all applicable bulk standards for coverage.
[Ord. #601, S 109-75; Ord. #1996-23, S 3; Ord. #2003-13, S 14; Ord. #2014-12 S 3; Ord. #2015-16; Ord. No. 2017-17; amended 3-14-2022 by Ord. No. 2022-05]
The following nonrefundable application fees have been established to defray the administrative and clerical costs of operating the Planning Board and the Zoning Board of Adjustment exclusive of legal, planning, engineering and other professional costs incurred in reviewing applications. These fees shall be payable to the Borough at the time an application for development is filed. Additionally, applicants shall pay a review fee escrow deposit and execute an escrow agreement, as provided in subsection 19-20.3 below. Proposals involving more than one fee shall pay a fee equal to the sum of the fees for the component parts of the proposal. In the event that any development application requires more than two hearings, other than any requested special meetings, the applicant shall pay an additional application fee of $200 for each hearing date.
Nonrefundable Application Fees
Informal Review
Minor Subdivision
$300.00
Major Subdivision:
$500.00
Sketch Plat
$100.00
Preliminary Plat
$750.00 + 25.00/Lot
Final Plat
$750.00
Minor Site Plan
$500.00
Major Site Plan:
Preliminary Plat
$1,500.00
Final Plat
$500.00
Combined Preliminary and Final Plat
$2,000.00
Conditional Uses
$250.00
Interpretation of Zoning Map or Ordinance
$100.00
Hear and Decide Appeals of Administrative Official
$200.00
Variance Pursuant to 40:55D-70C
$250.00
Zoning Change Request
$500.00
Approval Extension:
Preliminary
$300.00
Final
$300.00
Reapproval (Minor Subdivision)
(50% of original fee)
Plan Revision (Previously Approved)
(50% of original fee)
Administrative Approvals
$250.00
Use Variance:
Residential
$200.00
Other Uses
$500.00
Minimum
$200.00
Building Permit in Conflict with Official Map or
Building Permit for Lot Not Related to a Street
$100.00
Special Meeting
$1,500.00
Zoning Fees
Single-Family and Two-Family Structures
Application for a new structure
$150.00
Application for each accessory structure
$50.00
Additions to a structure such as a roof, porch or deck
$75.00
A reapplication fee with a variance
$50.00
Revisions to any of the above structure after issuance of a permit
$20.00
Combination of any of the items except a new structure
$75.00
Accessory Structures to Single-Family and Two-Family Structures
Garage
$50.00
Shed
$50.00
Cabana
$50.00
Pool/Hot Tub
$50.00
Deck
$50.00
Pool with barrier (fence)
$75.00
Fence (includes pool barrier)
$50.00
Fixed equipment including generators, condensers and pool equipment
$50.00
Driveways
$50.00
Patios, sidewalks
$50.00
New structures in all other Zones
$200.00
Revisions to any of the above structure after issuance of a permit
$20.00
Combination of any of the items except a new structure
$75.00
Accessory structures to all other use groups.
Garage
$50.00
Shed
$50.00
Cabana
$50.00
Pool/Hot Tub
$50.00
Deck
$50.00
Sign
$50.00
Revisions to any of the above structure after issuance of a permit
$20.00
Combination of any of the items except a new structure
$75.00
[Ord. #2003-13, S 14]
a. 
The following fees shall be paid by the applicant at the time of filing an application:
1. 
Minor Subdivision, two (2) to four (4) lots: $200.00
2. 
Final Major Subdivision:
(a) 
Up to six (6) lots - $300.00
(b) 
Seven (7) or greater lots - $400.00, plus $25.00/lot
b. 
In the event that any application for development is denied and the application is no longer pending in any manner before the respective Board, then any portion of the aforementioned fee, which has not been expended for maintaining the Tax Map, shall be refunded to the applicant.
[Ord. #2003-13, S 14; Ord. #2014-12 S 4; Ord. No. 2017-14]
In addition to the nonrefundable application fees set forth above, the applicant shall also pay an amount equal to the legal, planning, engineering and other professional costs incurred by the Borough in reviewing an application for development. The following schedule of review fee escrow deposits are estimates of these professional costs and shall be deposited with the Borough at the time an application for development is filed. Additionally, applicants shall execute an Escrow Agreement, in a form approved by the Borough Council, consenting to pay these review costs and specifically stating that, in the event the fees imposed are not paid, any development approvals granted shall be considered null and void. The review fee escrow deposit shall be held in an escrow account to the credit of the applicant. The Borough shall be responsible to keep a record to determine the actual review costs attributed to each application.
a. 
In the event that the initial deposit is not sufficient to cover the professional charges incurred in reviewing an application, the applicant shall be required to deposit additional funds, as determined by the Borough. The approving authority shall not be required to process the application to take further action upon an application until such additional deposits are made by the applicant. If these additional deposits remain unpaid for a period of sixty (60) days, the development applications shall be deemed to be withdrawn and shall be dismissed without prejudice.
b. 
In the event that the review fee escrow deposit shall be in excess of the amounts necessary to cover the professional charges incurred in reviewing an application, the excess funds shall be returned to the applicant within forty-five (45) days of the final action on the application or of the adoption of a resolution memorializing the decision, whichever occurs later.
Review Fee Escrow Deposits
Informal Review
$500.00
Minor Subdivision
$3,000.00
Major Subdivision
Sketch Plan
$500.00
Preliminary Plat
$2,500.00, plus $50.00/lot over 4 lots
Final Plat
$1,000.00, plus $50.00/lot over 4 lots
Minor Site Plan
$1,000.00
Major Site Plan (Nonresidential)
Preliminary Plat
$2,000.00, plus $0.40/square foot over 4,000 square foot gross floor area
Final Plat
$1,000.00, plus $0.20/square foot over 4,000 square feet
Combined Preliminary and Final Plat
$4,000.00 plus $0.60/square foot over 4,000 square feet
Major Site Plan (Residential)
Preliminary Site Plan
$2,500,00, plus $50.00/unit
Final Plat
50% of the preliminary major site plan escrow deposit
Conditional Uses
$1,000.00
Interpretation of Zoning Map or Ordinance
$750.00
Hear and Decide Appeals of Administrative Official
Pursuant to 40:55D-70C
$500.00
Zoning Change Request
$1,000.00
Approval Extension
Preliminary
$500.00
Final
$500.00
Reapproval (Minor Subdivision)
$500.00
Plan Revision (Previously Approved)
$600.00
Administrative Approvals
$250.00
Use Variance
Residential
$1,500.00
Other Uses
$2,000.00
Building Permit in Conflict with Official Map or Building Permit for Lot Not Related to a Street
$250.00
Variance Application pursuant to N.J.S.A. 40:55D-70c
Bulk Variance Escrow for Commercial Property
$2,500.00
Bulk Variance Escrow for Residential Property
$1,250.00
[Ord. #2003-13, S 14]
a. 
Deposit of Escrows with Banking Institution. Whenever the fees paid shall exceed five thousand ($5,000.00) dollars, they shall be deposited in a banking institution or savings and loan association in this State, insured by an agency of the Federal government, or, in any other fund or depository approved for such deposits by the State of New Jersey, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The Chief Financial Officer of the Borough shall notify the applicant, in writing, of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. If the amount of interest earned on the deposit exceeds one hundred ($100.00) dollars, that entire amount shall belong to the applicant and shall be refunded to the applicant by the Borough on an annual basis or at the time the deposit is repaid or applied to the purpose for which it was deposited; provided, however, that the Borough shall retain, for administrative expenses, a sum equivalent to more than thirty-three and one-third (33 1/3%) percent of the entire amount, which shall be in addition to all other administrative expenses. In the event that the interest paid on a deposit for a year does not exceed one hundred ($100.00) dollars, the same is to be retained by the Borough.
b. 
Replenishment of Escrow Account. Whenever the escrow account, in which fees have been paid and have been depleted to twenty (20%) percent of the original escrow amount, the Borough Engineer and the Borough Treasurer shall notify the applicant, and the applicant shall, immediately upon notification, replenish the account by depositing fifty (50%) percent of the original escrow amount with the Borough. The appropriate Board and its professionals shall not take any further action on the application or make further inspections and no bonds shall be released, nor shall any Certificate of Occupancy be issued until adequate additional fees have been deposited by the applicant with the Borough.
c. 
Compliance Review. It shall be a condition of final site plan or subdivision approval that the applicant shall post an additional fee, equal to twenty-five (25%) percent of the base fee, as submitted under subsection 19-20.3b. above, for each requested review of an application for compliance with the terms of the resolution granting such final approval. If, at the time of Resolution Compliance, the Board Secretary determines that funds exist in the applicant's posted escrow account greater than or equal to twenty-five (25%) percent of the base escrow fee, then no additional escrow funds will be required of the applicant for Resolution Compliance reviews by the Board's professionals.
d. 
Returning Fees to the Applicant. When the Borough Engineer determines that there is no longer any need to retain an escrow account in which to maintain funds, the applicant shall follow the procedures established by the Borough Treasurer to obtain a refund of said funds.
e. 
Any payments charged to the deposit for review of applications, review of preparation of documents, and inspection of improvements, shall be pursuant to the procedures and requirements set forth in N.J.S.A. 40:55D-53.2(c). The closeout for all deposits and escrow accounts established pursuant to this section shall be in accordance with the procedures set forth in N.J.S.A. 40:55D-53.2(d). In the event that the applicant disputes any charges against the escrow account, the appeal procedure shall be followed as set forth in N.J.S.A. 40:55D-53.2(a).
[Ord. #2003-13, S 14]
The Borough Council shall establish a schedule of fees, charges, expenses and a collection procedure for building permits, Certificates of Occupancy, appeals and other matters pertaining to this Chapter. The schedule shall be posted in the office of the Construction Official.