[1975 Code § 123-1; Ord. No. 78-1 § 1; Ord. No. 90-03 § 4; Ord. No. 2009-05 §§ 8, 9]
a.
Usage. Words used in the present tense include the future, the singular
number includes the plural and the plural, the singular. The word
"lot" includes the word "plot." The word "building" includes the word
"structure." The term "such as," where used herein, shall be considered
as introducing a typical or illustrative rather than an entirely exclusive
or inclusive designation of permitted or prohibited uses, activities,
establishments or structures.
b.
ACCESSORY USE OR BUILDING
ALLEY
APARTMENT, EFFICIENCY UNIT or DWELLING UNIT
BASEMENT
BUILDING
BUILDING AREA
BUILDING HEIGHT
CELLAR
DECK
DWELLING, SINGLE-FAMILY
DWELLING UNIT
EASEMENT
FAMILY
FLOOR AREA
GARAGE, PRIVATE
HABITABLE FLOOR AREA
HOME OCCUPATION
LIMITED MANUFACTURING
LOT
LOT AREA
LOT DEPTH
LOT FRONTAGE
LOT WIDTH
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
PARKING SPACE, AUTOMOBILE
PROFESSIONAL OFFICE
PROHIBITED USE
RESTAURANT
SCREENING
SETBACK
SETBACK LINE
SIGN
SIGN AREA
STORY
STORY, HALF
STREET
STREET LINE
STRUCTURE
STRUCTURAL ALTERATIONS
TOURIST/GUEST HOUSE
USE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING BOARD
ZONING OFFICER
Words Defined. As used in this chapter:
A subordinate use or building, the purpose of which is incidental
to that of a main use or building on the same lot.
Any public or private way less than fifty (50') feet in width,
unless such way existed prior to the passage of this chapter, in which
case any public or private way is less than thirty (30') feet in width.
A room or suite of two (2) or more rooms, which is designed
for, intended for or occupied by one (1) family or household living
as an independent unit doing its own cooking.
A story partly underground and having more than one-half
(1/2) of its height above ground.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of any person,
animal or chattel.
That certain portion of any lot lying between required yards
and/or setback lines.
The vertical distance measured from the mean elevation of
the finished grade along the front of the building to the highest
point of the roof for flat roofs, to the mean height level (between
the eaves and ridge) for gable and hipped roofs and to the deck line
for mansard roofs.
A story partly underground which has less than one-half (1/2)
its height above ground level.
Any structure whose combination of material forms a platform,
porch or terrace, whether or not having a roof supported by piers,
columns, walls or other supports, whether attached to the principal
building or not and whose floor elevation is twelve (12") inches or
greater above the adjacent ground elevation.
A detached building designed for or occupied exclusively
by one (1) family or dwelling unit.
See apartment.
The right-of-way granted for limited use of private land
for a public or quasi public purpose and within which the owner of
the property shall not erect any permanent structure.
One (1) or more persons living as a single, nonprofit housekeeping
unit as distinguished from individuals or groups occupying a hotel,
club or fraternity or sorority house. The "family" shall be deemed
to include necessary servants when servants share the common housekeeping
facilities and services.
The total enclosed floor area of a structure used for residential
purposes or for business or commercial activities which, in the case
of the latter, includes customer facilities, showcase facilities,
storage and sales facilities.
A garage intended or used for the housing or storage of,
for or used by the motor vehicles of the families resident upon the
premises.
That area enclosed by the exterior foundation walls.
Any gainful employment of not more than two (2) members of
the resident family which shall constitute either or partly the means
of livelihood of such member or members and which shall be clearly
secondary or accessory to the principal residential use of the principal
structure. Such occupation may be pursued in the principal dwelling
structure or in a secondary building which is accessory to such principal
structure. Home occupations are normally on the field of work of the
artisan and may include such activities as dress making, millinery,
watch making, electrical and radio repair and carpentry, where not
more than one (1) nonresident is employed full time. The retail sale
of goods and services in structure designed or altered to make such
activities the primary use of any structure shall not be constituted
to be a home occupation under the terms of this chapter.
The fabrication, assembly or processing of goods or materials
or the storage of bulk goods and materials where such activities or
materials create no hazard from fire or explosion or produce no toxic
or corrosive fumes, gas, smoke, odors, obnoxious dust or vapor, offensive
noise or vibration, glare, flashes or objectionable effluent.
Land occupied or to be occupied by a building and its accessory
buildings, or by a dwelling group and its accessory buildings, together
with such open spaces as are required under the provisions of this
chapter for a lot in the district in which such lot is situated, and
having the required frontage on a street.
The total horizontal area included within lot lines. Where
the front lot line is the center line of a street or lies in part
or in whole in the street area, the lot area shall not include that
part of the lot in use or to be used as the street.
The shortest horizontal distance between the front lot line
and a line drawn parallel to the front lot line through the midpoint
of the rear lot line, provided that in 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 intersections with the side lot
lines.
That portion of a lot extending along a street line. In odd
shaped or triangular shaped lots the length of the frontage may be
considered to be the same as the lot width, except that such length
of frontage shall not be less than one-half (1/2) of any minimum frontage
herein required and except that the actual length of the setback line
shall be not less than forty (40') feet.
The mean horizontal width measured at right angles to the
lot depth.
A lot existing at the date of the passage of this chapter,
which does not meet the minimum dimensions or area requirements for
the zone in which it is located.
A structure which in its design or location upon a lot does
not conform to the regulations of this chapter for the district in
which it is located.
Use of a building or land that does not conform to the regulations
of this chapter for the district in which it is situated.
An off street space provided for the parking of one (1) automobile.
The office of a member of a recognized profession. When conducted
in a residential district, a professional office shall be incidental
to the residential occupation, shall be conducted by a member of the
residential family entirely within a residential building, and shall
include only the offices of doctors or physicians, dentists, optometrists,
ministers, architects, landscape architects, professional engineers,
lawyers, artists, authors, musicians and such other similar professional
occupations which may be so designated by the Planning Board 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
occupation shall in no way adversely affect the safe and comfortable
enjoyment of property rights in any zone to a greater extent than
for the professional activities listed herein. The issuance of a State
or local license for regulation of any gainful occupation need not
be deemed indicative of professional standing.
That use which is not specifically allowed or permitted in
a particular zone and for which the granting of a variance under N.J.S.A.
40:55D-70d would be necessary in order to provide that use in that
particular zone.
Any establishment, however designated, at which food is sold
for consumption on the premises, but normally to patrons seated within
an enclosed building.
Any concentration or group of trees or shrubbery as may be
required by this chapter.
The horizontal distance between a building or structure and
any front, side or rear lot line, measured perpendicular to such lot
lines at the point where the building is closest to such lot lines.
A line within any lot, usually marking the limits of a required
yard space, parallel to any street line between which line and the
street line no building or portion thereof may be erected except as
provided in this chapter.
A visual communication that is used for the purpose of bringing
the subject thereof to the attention of others. The term does not
include buildings themselves, traffic signs or other official messages
displayed within the public right-of-way. "Signs" include letters,
numbers, symbols, trade-marks, illustrations or designs as they may
appear on signs, billboards, banners, store fronts, marquees, canopies
and other stationary visual media on or off the premises of the activity
to which the message pertains. A "sign" may also be described as a
street graphic.
For purposes of this chapter and to calculate the amount
of area utilized by proposed signs, individual letters or numbers
attached separately to a wall background shall be measured for their
area by the sum of the area of the individual rectangles that enclose
each letter. Otherwise the area of a sign shall be the entire face
of a box, wall or projecting sign. The total area of the rectangle
which encloses the message of a ground sign shall be counted, including
all ornamentation, embellishments and symbols, but excluding the supporting
structure which does not form part of the sign proper or of the display.
The area of a double or multifaced sign shall be the area of the largest
vertical plane within the outline of the sign as seen from any one
(1) vantage point on a public right-of-way.
The portion of a building included between the surface or
any floor and the surface of the next floor above it and then the
space between the floor and the ceiling next above it. No story shall
be deemed to be a first story if its floor level is more than six
(6') feet above the level from which the height of the building is
measured. For purposes of this chapter, a split level dwelling shall
be considered a one (1) story dwelling.
A story of which any two (2) exterior sides meet a sloping
roof not more than two (2) feet above the floor of such story, or
that portion of any structure herein defined as a basement.
A public or private thoroughfare to less than thirty (30')
feet in width, if in existence prior to the passage of this chapter,
nor less than fifty (50') feet in width if established since the date
of passage of this chapter, which affords principal means of access
to abutting property. The term "street" shall include avenue, place,
way, drive, lane, boulevard, highway, road and any other thoroughfare
except an alley.
The dividing line between the lot and the street.
Anything constructed, assembled or erected, the use of which
requires location on the ground or attachment to something having
location on or in the ground, and shall include fences which are more
than fifty (50%) percent solid, tanks, towers, advertising devices,
bins, tents, lunch wagons, trailers, dining cars, camp cars or similar
structures on wheels or other supports used for business or living
purposes. The word "structure" shall not apply to service utilities
entirely below the ground.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders or in the utility system
or mechanical equipment of a structure which materially alters its
usability, capacity or function.
Any building offering rooms for rent with or without meals.
The purpose for which land or a building thereon is designed,
arranged or intended or for which it is or may be occupied or maintained.
An open space, as may be required by this chapter, of uniform
width or depth on the same lot with a building or group of buildings,
which open space lies between the principal building or group of buildings
and the nearest lot line and is unoccupied and unobstructed from the
group upward except as herein permitted.
A yard extending across the full width of the lot and lying
between the front or street line of the lot and the nearest wall or
part of the building. The depth of the front yard shall be measured
at right angles to the front line of the lot.
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest wall or part of the
building. The depth of a rear yard shall be measured at right angles
to the rear of the lot in the same manner as specified herein for
the measurement of lot depth.
An open, unoccupied space between the side line of the lot
and the nearest wall or part of the building 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.
The Zoning Board of Adjustment as established under this
chapter.
The Construction Official unless another official is designated
by the Governing Body.
[1975 Code § 123-2; Ord. No. 78-1 § 1; Ord. No. 90-03 § 4]
For the purpose of lessening congestion in the streets, securing
safety from fire, panic and other dangers, protecting health, morals
or the general welfare, providing adequate light and air, preventing
the overcrowding of land or buildings, avoiding undue concentration
of population with reasonable consideration to the character of the
district and its peculiar suitability for particular uses, and with
the objective of conserving the quality of the environment, the value
of property and encouraging the most appropriate use thereof throughout
such municipality, the Borough is hereby divided into six (6) zones
as follows:
[1975 Code § 123-3; Ord. No. 78-1 § 1; Ord. No. 90-03 § 4; Ord. No. 2000-10]
The Medium Density Residential District shall comprise the entire
area of the Borough except the areas comprising the Low Density Residential
District, General Commercial District, Highway Business District,
Downtown Business District and Marina District.
[1975 Code § 123-4; Ord. No. 78-1 § 1; Ord. No. 90-03 § 4; Ord. No. 2000-10]
The Low Density Residential District shall consist of the following
areas: Blocks 56, 59, 60, 61, and Lots 4, 4.01, 5.01 and 5.02 of Block
30 as shown on Tax Map sheet 7 dated October 19, 1998 of the Borough
of Island Heights.
[1975 Code § 123-5; Ord. No. 78-1 § 1; Ord. No. 78-9 § 1; Ord. No. 79-3 § 2; Ord. No. 90-03 § 4; Ord. No. 2000-10]
The three (3) commercial districts shall consist of the following
areas:
a.
General Commercial District.
1.
Lots 20 and 20.01 in Block 38.02 as shown on Tax Map sheet 4, dated
February 11, 2000 of the Borough of Island Heights.
2.
Lot 5 in Block 10 as shown on Tax Map sheet 2, dated October 19,
1998 of the Borough of Island Heights.
3.
Lots 24.03, 24.07 and 24.09 as shown on Tax Map sheet 4, dated February
11, 2000 of the Borough of Island Heights.
4.
Lots 1.01, 1.02, 1.03 and 1.04 in Block 39.01 as shown on Tax Map
sheet 2, dated October 19, 1998 of the Borough of Island Heights.
b.
Highway Business District. Blocks 47, 48, 49 and Lots 1, 1.03, 2
the northeast one hundred (100) feet of Lot 19, Lots 20, 21 and 23
in Block 46 as shown on Tax Map sheet 1, dated February 11, 2000 of
the Borough of Island Heights.
c.
Downtown Business District.
1.
The area fronting on each side of Central Avenue from River Avenue
northerly to Ocean Avenue for a distance of ninety-five (95) feet
from the property line.
2.
The area front on the north side of River Avenue between Simpson
Avenue and Central Avenue, including all of Lot 5 and the southerly
one hundred (100) feet of Lot 6 in Block 23 as shown on Tax Map sheet
3, dated October 19, 1998 of the Borough of Island Heights.
3.
Lot 9 in Block 21 as shown on Tax Map sheet 3 dated October 19, 1998
of the Borough of Island Heights.
[1975 Code § 123-6; Ord. No. 78-1 § 1; Ord. No. 79-3 § 3; Ord. No. 90-03 § 4; Ord. No. 2000-10]
The Marina District shall consist of the following areas:
a.
All of the lands encompassed by Lake Drive, Holly Avenue and the
Toms River, excepting therefrom the portion of the lands which are
Borough owned and are to be used for municipal and recreational purposes.
b.
Lot 4.01 in Block 38.02 as shown on the Tax Map sheet 5, dated November
2, 1999 of the Borough of Island Heights.
[1975 Code § 123-7; Ord. No. 78-1 § 1; Ord. No. 78-9 § 2; Ord. No. 90-03 § 4;
Ord. 96-16 §§ 1, 2; amended 8-11-2020 by Ord. No. 2020-1; 11-9-2021 by Ord. No. 2021-11]
a.
In the Medium Density and Low Density Residential Districts, no building
or structure shall be erected, enlarged, altered or used for any purpose
or purposes other than one or more of the following:
1.
A dwelling house for one family only, or one housekeeping unit only,
on one lot; provided, however, that nothing herein contained shall
prevent the use of a minor part of the dwelling house for an office
or studio by a person or persons residing in the dwelling house or
the display on the premises of one small announcement sign showing
the name or names of the person or persons using such office or studio,
and the profession or business conducted in connection therewith.
b.
Public buildings, parks, playgrounds, schools and other municipal
uses.
c.
Tourist/Guest House having transient tourist/guest rooming accommodations providing that the structure has no separate kitchen facilities and shall provide a minimum of three and a maximum of five guest rooms. The owner shall have his/her place of residence in the same house and off-street parking shall be provided per Subsection 30-1.7.
d.
Non-Binding Referendum by Mail Vote Prior to Amendment of Permitted
Uses in the Medium Density Residential District.
1.
In the Medium Density Residential District, no ordinance shall be enacted to permit any building or structure to be erected, enlarged, altered or used for any purpose or purposes other than one or more of the purpose or purposes listed in Subsections a, b or c of the existing ordinance, without first being subject to a non-binding referendum, which shall take place following the first reading of the ordinance and prior to final adoption.
2.
Such vote shall be conducted by mail ballot to all registered voters
of the Borough of Island Heights, which shall be mailed 15 days subsequent
to the first reading of the ordinance. Said ballots shall then be
returned to the Borough Clerk within 30 days of the mailing. The ballots
shall be opened on the 30th day, checked for valid signatures by the
Borough Clerk and the votes shall be recorded. The results of the
vote shall be announced at the next subsequent Council Meeting and
shall be published according to customary means in a newspaper of
local circulation.
[Ord. No. 2009-5 § 10]
Off-street parking subject to the provisions of 30-1.7.
[1975 Code § 123-8; Ord. No. 78-1 § 1; Ord. No. 90-03 § 4; Ord. No. 2009-05 § 11]
In the Medium Density and Low Density Residential Districts,
the following accessory uses shall be permitted:
a.
Private Garages. A garage intended for or used by the motor vehicles
of the family residing upon the premises. Private garages shall not
be more than one (1) story nor more than fifteen (15') feet in height
nor more than seven hundred fifty (750) square feet in area.
b.
Private Swimming Pools. A swimming pool used in connection with a
single-family residence and available only to the family of the householder
and his private guests.
d.
Sheds. Sheds not more than twelve (12') feet in height, nor more
than two hundred (200) square feet in area. A maximum of two (2) sheds
per lot.
e.
Any subordinate use or building the purpose of which is incidental
to that of a main use or building on the same lot.
[1975 Code § 123-9; Ord. No. 78-1 § 1; Ord. No. 78-9 §§ 3-6; Ord. No. 80-12 § 1; Ord. No. 87-3 § 1; Ord. No. 90-03 § 4; Ord. No. 98-01 § 1; Ord.
No. 2005-01 § 1; Ord.
No. 2005-11 § 1; Ord.
No. 2009-05 §§ 13-16]
b.
In the Medium Density Residential District, the following provisions
shall apply:
1.
Lot Size. A residential lot shall have a minimum frontage of seventy-five
(75') feet upon a street accepted by the municipality and shall have
a depth of one hundred (100') feet and minimum area of seven thousand
five hundred (7,500) square feet, except that any existing subdivided
lots or parcels of land containing at least three thousand seven hundred
fifty (3,750) square feet, having a frontage of fifty (50') feet on
an accepted street and having a depth of seventy-five (75') feet,
will not be a nonconforming use but will continue to be a residential
lot.
2.
Setbacks.
(a)
Principal buildings: twenty (20') feet.
(b)
Accessory buildings:
|
Use
|
Rear Setback
|
Side Setback
|
|---|---|---|
|
Swimming pool, above- and in-ground
|
10 feet
|
10 feet
|
|
Utility Sheds less than 100 SF
|
3 feet
|
3 feet
|
|
Accessory buildings more than 100 SF with exterior walls of
one (1) hour fire rating
|
5 feet
|
5 feet
|
|
Accessory buildings more than 100 SF with exterior walls less
than one (1) hour fire rating
|
8 feet
|
8 feet
|
|
Detached decks
|
8 feet
|
8 feet
|
|
Attached decks to principal
|
Setbacks to comply with those of principal building
| |
|
Ground mounted dish antennas
|
8 feet
|
8 feet
|
|
Where the lot is located on a corner, the minimum side setback
shall not be less than twenty (20') feet from the right-of-way.
| ||
3.
Building Area. All structures subsequently erected in this district shall occupy not less than one thousand sixty (1,060) square feet including the area occupied by accessory use structures as defined in subsection 32-4.2 of this chapter.
4.
Maximum Building Heights: thirty-five (35') feet. In any event, the
building shall not contain more than two and one-half (2 1/2)
usable floor levels counted vertically at any point in the building
above the grade level as determined by the average grade evaluation
of the corners of the building.
5.
If any structure existing as of the date of the adoption of this
paragraph violates setback or height requirements and proposed new
additions or alterations do not create new or extend or increase any
existing zoning or setback violations, such additions or alterations
shall be permitted to be made without the necessity of obtaining a
variance, provided the following conditions are met:
(a)
The use shall be a conforming use in this zone; and
(b)
The lot shall conform to the area and yard requirements of this
zone.
Any vertical or horizontal extension of a structure or a portion
thereof in an area that is not in conformity with the present zoning
ordinances, shall continue to be an expansion of a nonconforming structure
and shall require approval by the Borough Land Use Board.
6.
Maximum Lot Coverage.
(a)
For purposes of this chapter, the primary lot coverage in all
residential districts shall be called structure coverage and shall
consist of all building areas and permanent structure areas that exist
at eighteen (18") inches or above, measured from the top of the curb
at the midpoint of the front property line. On properties where there
is no curb, the height of any building or structure shall be measured
from the center line or crown of the road. The structure coverage
of all building areas and structure areas on a property shall not
exceed thirty-seven (37%) percent of the area of the lot.
(b)
There shall also be a secondary lot coverage that shall be called
ground coverage and shall include all impervious material below eighteen
(18) inches above the top of the curb at the midpoint of the front
property line. On properties where there is no curb, the height of
any building or structure shall be measured from the center line or
crown of the road. Ground coverage shall include the combination of
all walkways, driveways, patios, pavers, or similar structures at
ground level or up to eighteen (18") inches above the curb level constructed
of impervious materials such as concrete, asphalt, pavers, plastic,
wood, fiberglass and similar impervious materials and may cover up
to twenty (20%) percent of the lot area. Ground coverage shall not
include the area occupied by any private in-ground swimming pool or
in-ground hot tub. Where pavers are installed, an environmentally
beneficial pavement design to reduce stormwater runoff through infiltration
such as UNI Eco-Stone or similar products, shall be used. Waterproof
grout or waterproof sand in conjunction with the installation of pavers
shall be prohibited.
(c)
Property owners may choose to reduce the structure coverage
to increase the ground coverage, but the total coverage shall not
exceed fifty-seven (57%) nor shall the structure coverage exceed thirty-seven
(37%) percent.
c.
In the Low Density Residential District, the following provisions
shall apply:
1.
Lot Size. The minimum lot size shall be twenty thousand (20,000)
square feet with a minimum frontage of one hundred twenty-five (125')
feet upon a street accepted by the Municipality.
2.
Setbacks.
(b)
Accessory buildings:
|
Use
|
Rear Setback
|
Side Setback
|
|---|---|---|
|
Swimming pool above- and in-ground
|
10 feet
|
10 feet
|
|
Accessory buildings more than 100 SF with exterior walls of
one (1) hour fire rating
|
5 feet
|
5 feet
|
|
Accessory buildings more than 100 SF with exterior walls less
than one (1) hour fire rating
|
8 feet
|
8 feet
|
|
Ground mounted dish antennas
|
8 feet
|
8 feet
|
|
Where the lot is located on a corner, the minimum side setback
shall not be less than thirty (30') feet from the right-of-way.
| ||
3.
Building Area. All structures subsequently erected in this district shall occupy not less than one thousand five hundred (1,500) square feet including the area occupied by accessory use structures as defined in subsection 32-4.2 of this chapter.
4.
Maximum Building Height. Thirty-five (35') feet. In any event, the
building shall not contain more than two and one-half (2 1/2)
usable floor levels counted vertically at any point in the building
above the grade level as determined by the average grade evaluation
of the corners of the building.
5.
If any structure existing as of the date of the adoption of this
paragraph violates setback or height requirements and proposed new
additions or alterations do not create new or extend or increase any
existing zoning or setback violations, such additions or alterations
shall be permitted to be made without the necessity of obtaining a
variance, provided the following conditions are met:
(a)
The use shall be a conforming use in this zone; and
(b)
The lot shall conform to the area and yard requirements of this
zone.
Any vertical or horizontal extension of a structure or a portion
thereof in an area that is not in conformity with the present zoning
ordinances, shall continue to be an expansion of a nonconforming structure
and shall require approval by the Borough Land Use Board.
[1975 Code § 123-10; Ord. No. 78-1 § 1; Ord. No. 90-03 § 4; Ord. No. 98-10 § 1; Ord. No. 2009-05 §§ 17-23;
amended 9-12-2023 by Ord. No. 2023-10]
The permitted uses in the commercial districts shall be as described
below:
a.
General Commercial Zone.
1.
In the General Commercial Zone no premises shall be used and no structure
shall be erected, altered, or occupied for any purpose except the
following and shall be further limited to those uses which are clearly
of a scale and nature designed primarily to serve adjacent residential
areas.
2.
Permitted Uses.
(d)
The warehousing and storage of goods and products, excluding
the warehousing or storage of hazardous chemicals.
(e)
Wholesaling or distributing establishments, except for used
automobiles.
(f)
Scientific or research laboratories.
(g)
Executive or administrative offices of an industrial or business
concern which are not normally involved in conducting business with
the general public.
(h)
Federal, State, County and municipal buildings and grounds.
(i)
Essential services.
(j)
Public utilities.
(k)
Veterinary clinics or hospitals or animal care facilities.
(l)
Farmers' markets.
5.
Area, Yard and Building Requirements.
(a)
Minimum lot area: ten thousand (10,000) square feet.
(b)
Minimum lot width: seventy-five (75') feet.
(c)
Minimum lot frontage: seventy-five (75') feet.
(d)
Minimum lot depth: one hundred (100') feet.
(e)
Minimum front setback: thirty-five (35') feet.
(f)
Minimum rear yard setback for principal and accessory buildings:
twenty-five (25') feet.
(h)
Maximum building height: thirty-five (35') feet. In any event,
the building shall not contain more than two and one-half (2 1/2)
usable floor levels counted vertically at any point in the building
above the grade level as determined by the average grade elevation
of the corners of the building.
(i)
Maximum lot coverage: twenty-five (25%) percent.
(j)
Minimum unoccupied open space: twenty (20%) percent.
(k)
Accessory buildings:
|
Use
|
Rear Setback
|
Side Setback
|
|---|---|---|
|
Utility Sheds Less than 100 SF
|
3 feet
|
3 feet
|
|
Accessory buildings more than 100 SF with exterior walls of
one (1) hour fire rating
|
5 feet
|
5 feet
|
|
Accessory buildings more than 100 SF with exterior walls less
than one (1) hour fire rating
|
8 feet
|
8 feet
|
|
Detached decks
|
8 feet
|
8 feet
|
|
Attached decks to principal building
|
Setbacks to comply with those of principal building
| |
b.
Downtown Business Zone.
1.
In the Downtown Business Zone no premises shall be used and no structure
shall be erected, altered, or occupied for any purpose except the
following and shall be further limited to those uses which are clearly
of a scale and nature designed primarily to serve adjacent residential
areas.
2.
Permitted Uses.
(a)
The retail sales of goods which may include the following:
(1)
Grocery stores and food markets.
(2)
Drug and pharmaceutical stores.
(3)
Dry goods stores.
(4)
Meat and poultry stores.
(5)
Baked goods stores.
(6)
Flower shops.
(7)
Confectionery stores.
(8)
Household supplies stores.
(9)
Stationery supplies, tobacco and periodical stores.
(10)
Haberdashery, dress goods and notions.
(11)
Shops of artisans and craftsmen.
(12)
Furniture and appliance stores.
(13)
Gift shops.
(b)
Personal service establishments may include the following:
(1)
Barbershops and beauty shops.
(2)
Tailoring and dressmaking shops.
(3)
Dry cleaning and laundry collection shops.
(4)
Shoe repair shops.
(5)
Appliance repair shops.
(6)
Radio and television repair shops.
(7)
Self service laundries.
(8)
Art, dancing, music, gymnastics and other similar instructional
schools.
(9)
Nursery schools and day nurseries.
(c)
Business and professional offices and banks and financial institutions.
(d)
Restaurants, lunchrooms and other eating and dining establishments.
(e)
Single-family residence.
(f)
Federal, State and County and municipal buildings and grounds,
but excluding schools.
(g)
Churches and places of worship.
(h)
Public utilities.
(i)
Commercial recreation activities.
(j)
One (1) apartment in combination with a commercial use per building.
(k)
Required accessory uses.
5.
Area and Bulk Requirements:
(a)
Minimum of lot area: four thousand seven hundred fifty (4,750)
square feet.
(b)
Minimum lot width: fifty (50') feet.
(d)
Minimum lot depth: ninety-five (95') feet.
(e)
Minimum front setback: twenty-five (25') feet or the average
setback for existing buildings within two hundred (200') feet on the
same side of the street, whichever is less, except that no building
shall extend into a required sight triangle easement.
(g)
Minimum side yard setback:
(1)
Principal and accessory buildings: ten (10') feet total minimum
two (2') feet one (1) side.
(h)
Maximum building height: thirty-five (35') feet. In any event,
the building shall not contain more than two and one-half (2 1/2)
usable floor levels counted vertically at any point in the building
above the grade level as determined by the average grade evaluation
of the corners of the building.
(i)
(Reserved)
(j)
(Reserved)
(k)
Accessory buildings:
|
Use
|
Rear Setback
|
Side Setback
|
|---|---|---|
|
Accessory buildings more than 100 SF with exterior walls of
one (1) hour fire rating
|
5 feet
|
5 feet
|
|
Accessory buildings more than 100 SF with exterior walls less
than one (1) hour fire rating
|
8 feet
|
8 feet
|
|
Decks
|
Setbacks to comply with those of principal building
| |
c.
Highway Business Zone.
1.
In the Highway Business Zone no premises shall be used and no structure
shall be erected, altered, or occupied for any purpose except the
following and shall be further limited to those uses which are clearly
of a scale and nature designed primarily to serve adjacent residential
areas.
2.
Permitted Uses.
(a)
The retail sales of goods which may include the following:
(1)
Grocery stores and food markets.
(2)
Drug and pharmaceutical stores.
(3)
Dry goods stores.
(4)
Meat and poultry stores.
(5)
Baked goods stores.
(6)
Flower shops.
(7)
Confectionery stores.
(8)
Household supplies stores.
(9)
Stationery supplies, tobacco and periodical stores.
(10)
Haberdashery, dress goods and notions.
(11)
Hardware, plumbing supplies and electrical supplies.
(12)
Boat supplies and automobile supplies.
(13)
Shops of artisans and craftsmen.
(14)
Furniture and appliance stores.
(15)
Gift shops.
(16)
Automobile sales.
(b)
Personal service establishments may include the following:
(1)
Barbershops and beauty shops.
(2)
Tailoring and dressmaking shops.
(3)
Dry cleaning and laundry collection shops.
(4)
Shoe repair shops.
(5)
Appliance repair shops.
(6)
Radio and television repair shops.
(7)
Self service laundries.
(8)
Art, dancing, music, gymnastics and other similar instructional
schools.
(9)
Nursery schools and day nurseries.
(c)
Business and professional offices and banks and financial institutions.
(d)
Restaurants, lunchrooms and other eating and dining establishments.
(e)
Federal, State and County and municipal buildings and grounds,
but excluding schools.
(f)
Churches and places of worship.
(g)
Public utilities.
(h)
Commercial recreation activities.
(i)
Farmers' markets.
(j)
Required accessory uses.
5.
Area and Bulk Requirements:
(a)
Minimum lot area: ten thousand (10,000) square feet.
(b)
Minimum lot width: seventy-five (75') feet.
(c)
Minimum lot frontage: seventy-five (75') feet.
(d)
Minimum lot depth: one hundred (100') feet.
(e)
Minimum front setback: thirty-five (35') feet on Route 37; twenty-five
(25') feet for lots fronting on other streets.
(f)
Minimum rear yard setback for principal and accessory buildings:
twenty-five (25') feet.
(h)
Maximum building height: thirty-five (35') feet. In any event,
the building shall not contain more than two and one-half (2 1/2)
usable floor levels counted vertically at any point in the building
above the grade level as determined by the average grade elevation
of the corners of the building.
[1975 Code § 123-11; Ord. No. 78-1 § 1; Ord. No. 78-9 § 7; Ord. No. 79-3 § 5; Ord. No. 90-03 § 4]
In the Marina District, the following uses shall be permitted:
a.
All uses connected with boat building and the furnishing of stores,
materials, fittings, facilities and services in regard to pleasure
craft, including the open storage of boats and the use of necessary
cranes and railways.
b.
Boathouses (enclosed boat storage areas) not more than two (2) stories
or twenty-five (25') feet in height.
c.
All uses permitted in the Medium Density and Low Density Residential
Districts.
[1975 Code § 123-12; Ord. No. 78-1 § 1; Ord. No. 78-9 § 8; Ord. No. 79-3 § 4; Ord. No. 90-03 § 4; Ord. No. 2009-05 §§ 24, 25]
In the Marina District, the following provisions shall apply:
a.
Minimum lot area: seven thousand five hundred (7,500) square feet.
b.
Minimum lot width: seventy-five (75') feet.
c.
Minimum lot frontage: seventy-five (75') feet.
d.
Minimum lot depth: one hundred (100') feet.
e.
Minimum front setback: twenty-five (25') feet.
f.
Minimum rear yard setback for principal and accessory buildings:
twenty-five (25') feet.
h.
Maximum building height: thirty-five (35') feet. In any event, the
building shall not contain more than two and one-half (2 1/2) usable
floor levels counted vertically at any point in the building above
the grade level as determined by the average grade elevation of the
corners of the building.
[Ord. No. 2005-11 § 2; Ord. No. 2009-05 § 26]
If any single family structure existing as of the date of the
adoption of this subsection violates setback or height requirements
and proposed new additions or alterations do not create new or extend
or increase any existing zoning or setback violations, such additions
or alterations shall be permitted to be made without the necessity
of obtaining a variance, provided the following conditions are met:
[1975 Code § 123-13; Ord. No. 78-1 § 1; Ord. No. 78-9 § 9; Ord. No. 79-3 § 6; Ord. No. 90-03 § 4; amended 8-17-2021 by Ord. No. 2021-08]
All uses not expressly included in the ordinances are prohibited.
Adult book stores as defined in N.J.S.A. 2C:34-3A are expressly excluded
in all zones within the Borough. 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, shall
be prohibited.
[1975 Code § 123-14; Ord. No. 78-1 § 1; Ord. No. 78-9 § 10-11; amended 6-13-2023 by Ord. No. 2023-09]
a.
Zoning Approval Required. Prior to erecting any new fence on a property within the Borough, the property owner must apply for and receive approval from the Zoning Officer in keeping with Borough Code Chapter 32.
b.
Front Yard Fencing. This shall include any fencing located in the
area from the front property line along the street upon which the
property is addressed to the front building line. Fencing located
in this area shall not exceed 30 inches in height and shall be made
of metal, wood, vinyl or a similar material with at least 1 1/2
inch openings between the rails or slats.
c.
Rear Yard Fencing. This shall include any fencing located in the
area from the rear building line to the rear property line and running
across the rear property line. Fencing located in this area may be
of solid type made of wood, vinyl or a similar material and shall
not exceed six feet in height.
d.
Side Yard Fencing with No Street Frontage. Fencing located in this
area may be of solid type made of wood, vinyl or a similar material
and shall not exceed six feet in height. No side yard fence may extend
beyond the front building line.
e.
Fencing on Lots Abutting Two Streets. Fences located on the property
lines that abut streets shall not exceed 30 inches in height and shall
be made of metal, wood, vinyl or a similar material with at least
1 1/2 inch openings between the rails or slats.
f.
Fencing located on the property lines that do not abut a street,
shall be made of metal, wood, vinyl or a similar material, shall not
exceed four feet in height, may be of a solid type and may not extend
past the rear building line.
g.
Fence Construction. The finished side of all fences erected in accordance
with the provisions hereof shall face the adjoining property and/or
street line. Any portion of a fence construction intended or utilized
for the support of the fence shall be located on the inside of the
fence, facing the principal portion of the tract of land upon which
the fence is erected.
h.
Encroachments. All fences shall be erected within property lines,
and no fence shall be located so as to encroach upon a public right-of-way.
i.
Prohibited Fencing Materials. The following fences and fence construction
materials are specifically prohibited in all zones in the Borough;
barbed wire, canvas, cloth, electrically charged, expandable and collapsible.
[1975 Code § 123-15; Ord. No. 78-1 § 1; Ord. No. 78-9 § 12; Ord. No. 94-02 § 2; amended 6-28-2016 by Ord. No. 2016-5]
The erection of signs shall be regulated in accordance with
the use district in which the signs are erected.
Parties wishing to erect a sign shall make application to the
Borough on a specified form together with a $25 application fee.
The following limitations shall apply:
a.
Residential/Business.
1.
House numbers and owner's name plates shall be exempt from application
and fee. House numbers and name plates shall not exceed one (1) square
foot area combined or one-half (1/2) square feet separately.
2a.
All other signs in these districts shall
serve only to identify the person or the profession or studio on the
premises and shall not advertise products or services not handled
at that location.
2b.
There shall not be more than one (1) sign per occupant
to building per entrance to the building identified by such signs.
2c.
All signs shall be within the property line. The
total area of such signs shall not exceed three (3) square feet. There
shall be no more than five (5) feet from the grade to the top of the
sign. Any lighting must shine on sign.
b.
Public Service Buildings, Cultural/Historical Buildings, Churches,
Playgrounds.
1.
All signs shall be set back a minimum distance of ten (10) feet or
one-half (1/2) the distance from the building to the property line,
whichever is less.
2.
Free standing signs not in front of private residences shall be no
more than ten (10) square feet and have a maximum height of eight
(8) feet. Any lighting shall be separate and directed at the sign.
3.
Attached signs shall be limited to ten (10) square feet and shall
not project from building more than six (6) feet and there shall be
a minimum of ten (10) feet from the bottom of sign to grade. Lighting
shall shine on sign.
c.
General Commercial and Downtown Business.
1.
Signs in the Commercial District shall serve only to identify the
business conducted on the premises and shall not advertise products
or services not handled at that location. This prohibition shall not
apply to informational, public notices type signage.
2.
Signs shall be limited to ten (10) square feet. Signs shall not be
self illuminated—no neon—no fluorescent—any lighting
shall be directed to shine on the sign.
3.
Free standing signs shall be placed within the property line not
less than half the distance from the building to the street. Such
signs shall not exceed eight (8) feet in height.
4.
Attached signs shall project from the building no more than six (6)
feet and there shall be a minimum of ten (10) feet from bottom of
sign to the grade.
5.
All signs shall be set back a minimum distance of ten (10) feet or
one-half (1/2) the distance from the building to the property line,
whichever is less.
d.
Highway Business.
1.
Setback for signs shall be in accordance with the following schedule:
|
Sign Area
|
Minimum Setback
|
|---|---|
|
Up to 30 square feet
|
10 feet
|
|
Over 30 square feet
|
20 feet
|
2.
Signs shall be limited to twenty-five (25) square feet per side and
reach no higher than twenty (20) feet from grade. Signs fronting on
Route 37 shall be limited to a maximum size of one hundred fifty (150)
square feet and a maximum height of thirty (30) feet from grade.
e.
Marina.
1.
Signs erected in locations so as to be viewed from the river shall
be subject to the restrictions applicable in the Commercial/Town District
except that they may reach maximum height of twenty (20) feet.
2.
Other signs may be erected which are designed to be viewed by persons
approaching from land and such signs shall conform to the requirements
governing the Commercial/Town District.
3.
No such signs shall advertise products or services not handled in
that location.
[1975 Code § 123-17; Ord. No. 78-1 § 1]
For any and every violation of the provisions of this chapter, the owner, contractor or other person interested as lessee, tenant or otherwise, in any building or premises where such violation has been committed or shall exist, and who refuses to abate the violation within five (5) days after written notice has been served upon him, either by certified mail or by personal service, shall for each and every violation be liable to the penalty stated in Chapter I, Section 1-5. Each and every day that such violation continues after such notice shall be considered a separate and specific violation of this chapter.
[Ord. No. 97-04 § 32-11]
a.
Appointment and Duties.
1.
The Mayor and Borough Council shall appoint a Zoning Officer, who
shall be authorized to and shall administer and enforce the provisions
of this chapter.
2.
The Zoning Officer shall receive applications for permits to construct,
alter, use or occupy any building or land and shall review the same
to insure compliance with this chapter. Thereafter, the Zoning Officer
shall issue zoning permits to applicants having complied with the
provisions of this chapter. In no case shall a permit be granted by
the Zoning Officer for the construction, alteration and use of any
building or land that would be in violation of this chapter.
3.
The Zoning Officer or his duly authorized agent shall have the right
to enter and inspect any building or premises and examine any plans
during the daytime course of his duties to determine whether or not
any construction, alteration or use of any building or use of land
is in conformance with any permit issued therefor under the provisions
of this chapter.
4.
The Zoning Officer shall order, in writing, the remedying of any
conditions or the cessation of any construction, alteration or use
found to be in violation of any provision of this chapter or of any
conditions which may have been attached to the issuance of a permit
to construct, alter or use a building or lot by an official or official
body of the Borough of Island Heights acting under this chapter.
b.
Records.
1.
The Zoning Officer shall keep a record of all applications for permits
and certificates issued and denied, together with all notations of
specific conditions involved. He shall file and safely keep copies
of all site plans and information supplemental thereto, which shall
be part of the records of his office and shall be available for the
use of the Mayor and Council and of other officials of the Borough
of Island Heights, County or State.
[Ord. No. 97-04 § 32-12]
a.
Zoning Permits and Procedures.
1.
No construction, alteration or excavation for any building or other
structure nor any use of building or land shall be begun without the
issuance of a permit by the Zoning Officer indicating that the proposal
is in compliance with the provisions and requirements of this chapter.
2.
All applications for permits shall be made on forms provided by the
Zoning Officer. Each such application shall be accompanied by a site
plan prepared in triplicate and drawn to such scale as required to
show exact dimensions and locations of all buildings, yards, lot lines,
off-street parking and such other appropriate details and information
as may be necessary to provide for the administration of this chapter.
All dimensions shown on these plans relating to the lot to be used
or built upon shall be based on an actual survey, deed description
or an approved subdivision plat. Where approval of the site plan is
required by the Planning Board, submittals shall meet the requirements
of Borough ordinances. One (1) copy of the approved site plan shall
be returned to the applicant, together with the permit issued by the
Zoning Officer and with such conditions as may have been attached
thereto. In those instances where permits are not granted, the applicant
shall be advised, in writing, as to the specific conditions involved.
The lot and location of all construction, alterations and excavations
shall be staked on the ground, and an inspection thereof shall be
made by the Zoning Officer before work is begun.
3.
The construction or alteration of any building or buildings for which
a permit was issued must be begun within six (6) months after the
date of issuance, and any such construction or alterations shall be
completed or fully erected within two (2) years after said date of
issuance, after which time such permit shall become void and subject
to reapplication. The Zoning Officer, at his discretion, may issue
a new permit granting a reasonable continuation of time where unavoidable
conditions prevented the initiation or completion of working within
these prescribed time periods.
4.
Fees for Permits. Each application for such a zoning permit shall
be accompanied by an application fee in the amount of $100.
[Amended 6-28-2016 by Ord. No. 2016-5; 4-23-2019 by Ord. No. 2019-4]
[Added 11-10-2020 by Ord. No. 2020-4]
Exterior lighting on any and all properties shall be governed
by the following:
a.
Exterior illumination provided by artificial lighting on a property
shall not exceed 0.5 footcandle beyond any property line.
b.
Spotlights or other types of artificial lighting that provide a concentrated
beam of light shall be so directed that the beam of light does not
extend beyond any property lines.
c.
Spotlights or other types of artificial lighting used to illuminate
signs or building faces shall not emit beams of light that extend
beyond the vertical plane of the sign or any side of the building
that they illuminate, and such lighting fixtures shall not be located
in such a manner as to cause the beams of light to be reflected upon
an adjoining property, public street or vehicular circulation area.
d.
Exterior lighting on the front of residential properties shall be
ambient and soft in nature and shall not extend or reflect beyond
any side of the structure that they illuminate. Where additional lighting
beyond the structure is warranted for aesthetic, safety or security
purposes, additional fixtures may be installed, provided they are
in keeping with low-impact soft lighting objectives as appropriate
for residential areas and the Island Heights Historic District specifically.
All such lighting shall be consistent with other provisions of this
regulation.
e.
The use of light-emitting diode (LED) lights is permitted, provided
the color temperature is no greater than 3500K as defined by the Kelvin
color temperature charts.
