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Borough of Belmar, NJ
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Municipal Code
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Chapter 40 Development Regulations
Chapter 40
Development Regulations
ATTACHMENTS
Attachment 1 - Documents Required
Attachment 2 - Schedules
Attachment 3 - Affordable Housing Overlay Zone
Attachment 4 - State Route 35 Affordable Housing Zone Map
Attachment 5 - Mixed Use Overlay Zone 2 Map
Article I
Title, Purpose
§ 40-1
TITLE AND PURPOSE.
§ 40-1.1
Short Title.
§ 40-1.2
Purpose.
§ 40-1.3
Liberal Interpretation.
§ 40-1.4
State Law to Govern.
Article II
Definitions
§ 40-2
DEFINITIONS.
§ 40-2.1
Purpose.
§ 40-2.2
Other Applicable Definitions.
§ 40-2.3
Intent of Certain Terms and Words.
§ 40-2.4
Definitions.
Article III
Administration
§ 40-3
ADMINISTRATION.
§ 40-3.1
Planning Board.
§ 40-3.2
Zoning Board of Adjustment.
§ 40-3.3
Provisions Applicable to Both Municipal Agencies (Planning Board, Zoning Board of Adjustment).
§ 40-3.4
Certificates and Permits.
§ 40-3.5
Records.
§ 40-3.6
Enforcement.
§ 40-3.7
Interpretation.
§ 40-3.8
Conflict with Other Laws: Repealer.
§ 40-3.9
Violations and Penalties.
§ 40-3.10
Amendments.
§ 40-3.11
Validity of Chapter.
§ 40-3.12
Effect on Pending and New Applications.
§ 40-3.13
Copy to Be Filed with County Planning Board.
§ 40-3.14
Fees.
§ 40-3.15
Technical and Design Review Committee.
§ 40-3.15.1
Establishment and Purpose.
§ 40-3.15.2
Permanent Members.
§ 40-3.15.3
Design Element Subcommittee.
§ 40-3.15.4
Technical Subcommittee.
§ 40-3.15.5
Appointments.
§ 40-3.15.6
Scope of Review.
§ 40-3.15.7
Procedure for Review and Comment.
§ 40-3.15.8
Meetings.
§ 40-3.15.9
Projects Requiring Plan Amendments.
§ 40-3.15.10
Escrow.
Article IV
Procedures
§ 40-4
PROCEDURE.
§ 40-4.1
Approval Required.
§ 40-4.2
Pre-Application (Informal Review of Concept Plan).
§ 40-4.3
Application.
§ 40-4.4
Variances.
§ 40-4.5
Minor Subdivision and Minor Site Plan Procedure.
§ 40-4.6
Major Subdivision and Major Site Plan Procedure.
§ 40-4.7
Conditional Uses.
§ 40-4.8
Planning Board Review in Lieu of Board of Adjustment.
§ 40-4.9
Requirements for Claiming Approval Due to a Failure to Act.
§ 40-4.10
Transfer of Applications Between Boards.
Article V
Zoning Districts
§ 40-5
ZONING DISTRICT REGULATIONS.
§ 40-5.1
Zoning Map and Schedule.
§ 40-5.2
Description of Districts.
§ 40-5.3
Permitted and Prohibited Uses.
§ 40-5.4
Public Use Overlay District.
§ 40-5.5
Planned Residential Development District (Aged 55 and Older in the CBD-2 District).
§ 40-5.6
Floor Area Ratio, Maximum Lot Coverage and Building Coverage, Residential.
§ 40-5.7
AH Affordable Housing (AH Zone).
§ 40-5.8
Mixed Use Overlay (MU-O).
§ 40-5.9
State Route 35 Affordable Housing Overlay Zone (SR35-AH).
§ 40-5.10
Mixed Use Overlay Zone 2 (MU-O2).
Article VI
Conditional Uses
§ 40-6
CONDITIONAL USES.
§ 40-6.1
Purpose.
§ 40-6.2
General Provisions.
§ 40-6.3
Places of Worship.
§ 40-6.4
Public Utilities.
§ 40-6.5
Motor Vehicle Service Stations.
§ 40-6.6
Elementary and Secondary Schools.
§ 40-6.7
Nursery Schools.
§ 40-6.8
Community Residence for the Developmentally Disabled and Shelters for Victims of Domestic Violence.
§ 40-6.9
Hotels and Motels.
§ 40-6.10
Hospitals, Philanthropic and Eleemosynary Care Uses.
§ 40-6.11
Bed and Breakfasts.
§ 40-6.12
Wireless Telecommunications Towers and Antennas.
§ 40-6.13
Multi-Family Cluster Development.
§ 40-6.14
Conversion of Secondary Dwelling Structures to Accessory Dwelling Units.
§ 40-6.14.1
Purpose and Intent.
§ 40-6.14.2
Definitions.
§ 40-6.14.3
Areas Where Accessory Dwelling Units Are Permitted as Conditional Uses; Qualification of Units and Conditions of Conversion.
§ 40-6.14.4
Developer's Agreement, Deed and Other Occupancy Restrictions.
§ 40-6.14.5
Effect of Conversion on Other Non-conformities, and Timing of Same.
§ 40-6.14.6
Violations.
Article VII
Zoning Regulations
§ 40-7
GENERAL ZONING PROVISIONS.
§ 40-7.1
Purpose.
§ 40-7.2
Provisions of Other Ordinances.
§ 40-7.3
Nonconforming Uses, Buildings and Structures.
§ 40-7.4
Corner Lots.
§ 40-7.5
Sight Triangle at Intersections.
§ 40-7.6
Frontage on Improved Street Required.
§ 40-7.7
Yard Areas.
§ 40-7.8
Accessory Buildings and Structures/Uses.
§ 40-7.9
Porches.
§ 40-7.10
Nonapplicability to Underground Utilities and Essential Services.
§ 40-7.11
Contiguous Lot Ownership.
§ 40-7.12
Height Limitations.
§ 40-7.13
Riparian Grants.
§ 40-7.14
Solid Waste and Recyclable Storage for Single- and Two-Family Homes.
§ 40-7.15
Outdoor Storage of Materials.
§ 40-7.16
Outdoor Display of Goods.
§ 40-7.17
Appearance of Dwellings with a Home Professional Office or Home Occupation.
§ 40-7.18
Storage of Boats and Recreational Vehicles.
§ 40-7.19
Vehicle Storage.
§ 40-7.20
Wetlands Permit.
§ 40-7.21
Noncommercial Radio and Television Antennas.
§ 40-7.22
Performance Standards.
§ 40-7.23
Property Maintenance.
§ 40-7.24
Signs.
new_releases
§ 40-7.25
Fences, Hedges, Walls and Vision Clearances.
§ 40-7.26
Garages.
§ 40-7.27
Soil Removal and Fill.
§ 40-7.28
Residential Recreational Lighting.
§ 40-7.29
Relocation of a Building.
§ 40-7.30
Multi-Family Development.
§ 40-7.31
Driveways.
§ 40-7.32
Outdoor Dining Areas, Outdoor Eating Areas and Sidewalk Cafe Areas.
§ 40-7.32.1
Definitions.
§ 40-7.32.2
Permit Required.
§ 40-7.32.3
Application — Form.
§ 40-7.32.4
Fees Set by Resolution.
§ 40-7.32.5
Appeals.
§ 40-7.33
Artificial Turf.
§ 40-7.34
Affordable Housing Mandatory Set-Aside Requirement.
Article VIII
Subdivisions and Site Plans
§ 40-8
DESIGN GUIDELINES AND STANDARDS FOR SUBDIVISIONS AND SITE PLANS.
§ 40-8.1
Purpose.
§ 40-8.2
Design Guidelines.
§ 40-8.3
Design Standards — General Site Design.
§ 40-8.4
Design Standards — Landscaping.
§ 40-8.5
Design Standards — Recycling and Solid Waste.
§ 40-8.6
Design Standards — Open Space and Recreation.
Article IX
Improvements and Standards
§ 40-9
IMPROVEMENT STANDARDS, SPECIFIC CRITERIA AND CONSTRUCTION SPECIFICATIONS.
§ 40-9.1
Purpose.
§ 40-9.2
Improvement Standards.
§ 40-9.3
Construction Specifications.
Article X
Guarantees, Inspections
§ 40-10
GUARANTEES AND INSPECTIONS.
§ 40-10.1
Purpose.
Article XI
Off-Tract Improvements
§ 40-11
OFF-TRACT IMPROVEMENTS.
§ 40-11.1
Purpose.
§ 40-11.2
Definition and Principles.
§ 40-11.3
Cost Allocation.
§ 40-11.4
Costs Included.
§ 40-11.5
Escrow Accounts.
Article XII
Document Submissions
§ 40-12
SPECIFICATION OF DOCUMENTS TO BE SUBMITTED.
§ 40-12.1
Purpose.
§ 40-12.2
Requirements.
Article XIII
Site Maintenance
§ 40-13
MISCELLANEOUS PROVISIONS.
§ 40-13.1
Construction Site Maintenance Standards.
