[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:
shall mean an accessory building or use is one which:
Is subordinate to and serves any principal building or use;
and
Is subordinate in area, extent or purpose to the principal building
or principal use served; and
Contributes to the comfort, convenience or necessity of occupants
of the principal building or principal use served; and
Is located on the same building lot as the principal building
or principal use served.
Accessory Buildings or Uses will not allow overnight occupancy
or being utilized for sleeping or residential domicile purposes.
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.
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.
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.
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.
shall mean an individual or developer submitting an application
for development or other purpose.
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.
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.
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]
shall mean a building or place which is used for the principal
purpose of body or repair work performed on motor vehicles.
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]
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]
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]
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.
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).
shall mean a motel or hotel which is designed to be utilized
in conjunction with marina facilities.
shall mean a landscaped and/or natural area designed to act
as a visual and sound screen between adjacent properties.
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.
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]
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]
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.
shall mean a building or buildings in which is conducted
the main or principal use of the site on which it is situated.
shall mean a retaining wall created along a body of water
behind which fill is placed.
shall mean the diameter of a tree trunk measured in inches
at the specified level above grade.
shall mean any person who occupies a campsite for its intended
purpose.
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.
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.
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.
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.
shall mean a governmental acquisition of real property or
a major construction project.
shall mean a place of business for the sale of used motor
vehicles.
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.
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:
Any change from a residential use to any nonresidential use;
Any change in use from any existing or permitted use to any
conditional use;
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.);
Any change in use which would yield a higher number of parking
stalls, number of employees, or an increase in the hours of operation.
Any change in use which would increase the anticipated yield
of sanitary sewage.
Any change in use which will increase water supply requirements
for the structure as compared to the existing use(s).
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.
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.
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.
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.
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.
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.
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.
shall mean the Planning Board of Ocean County.
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.
shall mean the area of the lot which is covered by buildings
and other impervious coverage.
[Ord. #2014-09]
shall mean Calendar days.
shall mean the number of dwelling units per gross acre of
residential land area including streets, easements and open space
portions of a development.
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.
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.
[Ord. #2014-04 S 5; deleted by Ord. #2014-09]
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.
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).
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.
shall mean a building or portion thereof designed or used
exclusively for one (1) or more residential units.
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.
shall mean a building designed for or containing one (1)
dwelling unit.
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.
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.
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]
shall mean an employee is a person who provides labor and
services, with or without compensation.
shall mean a municipal advisory body created pursuant to
P.L. 1968, c. N.J.S.A. 40:56A-1 et seq.
shall mean the detachment and movement of soil or rock fragments
by water, wind, ice, gravity, or other natural means.
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.
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.
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.
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.
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:
Basement Space. Provided same has a ceiling height of seven
(7') feet or more.
Stairwells;
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.
Enclosed Porches;
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]
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]
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.
Accessory Buildings, including garages shall not be included
in computing minimum floor area.
First Floor shall be considered the first story.
[Ord. #2014-09 S 2]
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]
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.
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.
shall mean any area of land, including structures thereon,
that is used for retail sale of gasoline, diesel, or other motor vehicle
fuel.
shall mean the Mayor and Council of the Borough of Point
Pleasant.
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.
shall mean the weight rating assigned by the vehicle's manufacturer
and as marked on the vehicle.
shall mean any security, including cash, to ensure completion
of improvements required as part of a development application approval
as herein provided.
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.
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.
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.
|
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.
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]
shall mean any lot, building, structure or premises on which
dogs, cats or any other types of animals are boarded, bred, treated
or sold.
shall mean and include improvements and fixtures on, above
or below the surface.
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.
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.
shall mean a parcel of land at the intersection of and fronting
on two (2) or more streets.
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.
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.
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.
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]
See "Subdivision, Major."
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.
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.
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.
See "Site Plan, Minor."
See "Subdivision, Minor."
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.
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.
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]
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.
shall mean any building or structure which:
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.
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.
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.
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.
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.
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.
shall mean located on the lot in question.
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.
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.
shall mean any lot which is devoted to the parking of automobiles
for a fee.
shall mean an area provided for the parking of a motor vehicle.
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.
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.
shall mean:
In a criminal or quasi-criminal proceeding, any citizen of the
State of New Jersey; and
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.
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.
shall mean the Municipal Planning Board of the Borough established
pursuant to Chapter 291 of the Laws of New Jersey, 1975.
shall mean a map or maps of a site plan or subdivision.
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.
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.
shall mean any publicly owned land purchased and/or operated
for recreational purposes or for the preservation of open space.
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.
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.
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.
shall mean a Master Plan, capital improvement program or
other proposal for land development adopted by the appropriate public
body, or amendment thereto.
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.
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.
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]
shall mean:
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
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.
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.
shall mean natural and/or artificial barriers designed to
act as a visual and sound screen between adjacent properties.
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.
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.
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.
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.
shall mean a building line parallel to a lot line delineating
the minimum required yard area.
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.
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.
shall mean a development plan of one (1) or more lots on
which is shown:
The existing and proposed conditions of the lot, including but
not necessarily limited to, topography, vegetation, drainage, floodplains,
marshes and waterways;
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
Any other information that may be reasonably required in order
to make an informed determination by the approving authority.
shall mean a development plan of one (1) or more lots which:
Proposes new development within the scope of developments specifically
permitted by this Chapter as a minor site plan;
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
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.
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.
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.
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.
shall mean that which is set up and established by authority
as a rule for the measure of quantity, weight, extent, value or quality.
shall mean a measure of performance in relation to standards
regulating quantity, weight, extent, value, quality or other.
shall mean standards:
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;
Required by applicable Federal or State laws or municipal ordinances.
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.
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]
shall mean a highway, thoroughfare or right-of-way dedicated
or commonly devoted to public use for street purposes.
shall mean the established grade of the front street upon
which a lot abuts at the midpoint of the frontage of such lot.
shall mean the dividing line between a lot and the street
right-of-way contiguous thereto.
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.
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.
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:
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;
Divisions of property by testamentary or intestate provisions;
Divisions of property upon court order, including but not being
limited to judgments of foreclosure;
Consolidation of existing lots by deed or other recorded instrument;
and
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."
shall mean any proposed subdivision which would not qualify
as a minor subdivision of land shall be a major subdivision.
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:
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.
shall mean a number of parked trailers serving as either
a temporary or permanent housing project for workers, tourists or
other persons.
shall mean a typed or printed verbatim record of the proceedings
or reproduction thereof.
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.
shall mean a building or series of buildings primarily for
the delivery of health care services for urgent, non-life-threatening
medical care.
shall mean a change in use from that of one (1) district
classification to another, in connection with "alterations."
shall mean all uses specified in a particular zone, quoted
in the section labeled "Permitted Uses" within the text of this Chapter.
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.
shall mean the primary or main purpose for which a lot or
building is being utilized.
shall mean permission to depart from the literal requirements
of this Chapter.
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.
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.
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.
shall mean the area created by rear yard setback.
shall mean the area created by the side yard setback.
shall mean a document signed by the administrative officer:
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
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 15, 16,
29; Ord. No. 2017-11; Ord. No. 2018-04]
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]
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]
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]
[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]
[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]
[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]
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]
[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.
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]
[Ord. #2001-20, S 4]
[Ord. #2001-20, S 4; Ord. No. 2017-4 § 5]
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:
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.
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]
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]
[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]
[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:
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]
[Ord. #90-8, S 5]
[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.
[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.
[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.
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Lot Size
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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:
[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]
[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]
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.
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.
[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.
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.
[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.
CERTIFICATE OF OCCUPANCY
CHARGING LEVEL
1.
2.
3.
ELECTRIC VEHICLE
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE
MAKE-READY PARKING SPACE
PRIVATE EVSE
PUBLICLY-ACCESSIBLE EVSE
Definitions.
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.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level 1 operates on a 15 to 20 amp breaker on 120 volt AC circuit.
Level 2 operates on a 40 to 100 amp breaker on a 208 or 240
volt AC circuit.
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.
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.
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."
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.).
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).
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]
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.
[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.
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]
[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.
