[2000 Code § 30-1]
This chapter shall be known and cited as the "Land Development
Regulations of the City of Asbury Park."
[2000 Code § 30-2]
This chapter is enacted by the authority vested in the City
Council of the City of Asbury Park pursuant to the enabling law of
the State of New Jersey and after proper notice and public hearing
pertaining thereto.
[2000 Code § 30-3]
The purpose of this chapter is as follows:
a. To plan and guide the appropriate use or development of all land
in a manner which will promote the public health, safety, morals,
and general welfare.
b. To secure safety from fire, flood, panic and other natural and man-made
disasters.
c. To provide adequate light, air and open space.
d. To ensure that land development does not conflict with the development
and general welfare of neighboring municipalities, the County and
the State as a whole.
e. To promote the establishment of appropriate population densities
and concentrations that will contribute to the wellbeing of persons,
maintenance of the character of neighborhoods, preservation of the
environment and quality of life.
f. To encourage the appropriate and efficient expenditures of public
funds by the coordination of public development with land use policies.
g. To provide sufficient space in appropriate locations for a variety
of residential, recreational, commercial and industrial uses and open
space, both public and private, according to their respective environmental
requirements.
h. To encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging the location
of such facilities and routes which will result in congestion or blight.
i. To promote a desirable visual environment through creative development
techniques and good civic design and arrangements.
j. To promote the conservation of open space and valuable natural resources
and to prevent urban sprawl and degradation of the environment through
improper use of land.
k. To encourage planned developments which incorporate the best features
of design and relate the type, design and layout of residential, commercial,
industrial and recreational development to the particular site.
l. To encourage senior citizen community housing construction consistent
with provisions permitting other residential uses of a similar density
in the same zoning district.
m. To encourage coordination of 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.
n. To regulate the location of buildings and establish standards of
development; to establish building lines and the location of buildings
designed for residential, commercial, industrial, office or other
uses within such lines and to fix reasonable standards to which buildings
or structures shall conform.
o. To prohibit uses, buildings or structures which are incompatible
with the character of development of the permitted uses within specified
zoning districts and surrounding areas.
p. To regulate alterations of existing buildings; to prevent such additions
to, and alterations or remodeling of existing buildings or structures
which would not comply with the restrictions and limitations imposed
hereunder.
q. To conserve the value of land and buildings throughout the City.
r. Within the community's resources, to meet the future housing needs
of the citizens of the City and the region and to assure a full range
of housing types to meet all income levels.
s. To promote controlled redevelopment within the community in order
to provide a sound economic base.
[2000 Code § 30-5]
The provisions of this chapter set forth minimum requirements
for promotion of the health, safety and public welfare; and whenever
the requirements of this chapter are at variance with the requirements
of any other lawfully adopted rules, regulations, or ordinances, the
most restrictive, or that imposing the higher standards, shall govern.
All ordinances or parts thereof inconsistent with the provisions of
this chapter are hereby repealed as to such inconsistency.
[2000 Code § 30-6; New]
This chapter is intended to effect the standards for land uses
and densities set forth in the redevelopment plans and other elements
or sub-elements of the Asbury Park Master Plan as amended. Upon adoption
of or amendment of a Land Use Plan Element or Housing Plan Element
of the Master Plan, this chapter shall be amended, if necessary, so
as to conform to such Master Plan Elements. This chapter may be revised
or modified by the City Council in accordance with the procedures
set forth in the Statutes.
[2000 Code §§ 30-7.1 through 7.4; amended 12-27-2018 by Ord. No.
2018-39]
No building or structure may be erected or altered nor may any
building or structure or parcel of land become occupied, or the use
therein changed until a zoning permit or certificate of resolution
compliance is obtained from the Zoning Officer.
Application for a zoning permit or certificate of resolution
compliance must be made at the time of application for a construction
permit or a mercantile license.
Should a construction permit or mercantile license not be required,
the zoning permit or certificate of resolution compliance must be
obtained prior to the new occupancy or new use of a building or property.
A fee of $20 will be charged for each certificate of resolution
compliance. Such fee will be payable at the time of application. The
certificate will be issued only after an inspection is made by the
Director of Planning and Redevelopment or their designee to confirm
compliance with this chapter. This certificate shall not be provided
until all known outstanding municipal or Board invoices related to
the project are paid.
[2000 Code § 30-8]
Should any portion of this chapter be held invalid, the holding
shall not affect the validity of remaining portions of this chapter.
If a section of this chapter is held invalid in one (1) or more of
its applications, this section shall remain in effect in all valid
applications that are severable from the invalid application.