[1972 Code § 18-64; Ord. No. 831 § 1]
The Borough is divided into zoning districts as enumerated in this chapter and as shown on the Zoning Map. The boundaries of zoning districts are established on the map entitled "Zoning Map of the Borough of Deal, Monmouth County, New Jersey" dated November 23, 1983, which accompanies and is made a part of this chapter.[1]
a. 
Change from the Commercial Zone to the R-3 Zone that section of Norwood Avenue from the southwest corner of Brighton and Norwood Avenue south to the brook and west to the firehouse property on Brighton Avenue.
b. 
The zoning map is hereby amended and supplemented by the addition of the Open Space/Recreation Zone, incorporating the following properties into said zone:
[Added 3-4-2020 by Ord. No. 1202]
1. 
Block 36, Lot 1.
2. 
Block 37, Lot 1.
3. 
Block 35, Lot 27 portion as outlined on Zoning Map.
4. 
B Other areas as outlined on Zoning Map dated January 10, 2020.
[1]
Editor's Note: The Zoning Map referred to herein is included as an attachment to this chapter.
[1972 Code § 18-65]
a. 
Zoning district lines are intended to follow street center lines, streams and lot lines unless otherwise indicated by dimensions. Dimensions are in feet, measured horizontally and measured from the street right-of-way line even if the center line of that street serves as a zoning district line. The location of any disputed zoning district line shall be determined by the Board of Adjustment. Zoning district lines extend vertically in both directions from ground level.
b. 
Where a zoning district line divides a lot, the use of one district may be extended into the other for a distance no greater than 20 feet, provided the property line lies within that 20 feet. The extended use shall thereafter be a permitted use in the extended area.
c. 
Where a street or public way serves as the zoning district line and it is lawfully vacated, the former center line shall be considered the zoning district line.
[1972 Code § 18-66]
Uses not expressly permitted in this chapter are prohibited.
[1972 Code § 18-67]
Except as specified in § 30-48, any use, building or structure legally existing at the time of the enactment of this chapter may be continued even though such use, building or structure may not conform to the provisions of this chapter for the district in which it is located.
[1972 Code § 18-68]
These provisions shall be minimum requirements. Where both minimum and maximum standards are established, both shall be met even though the combination may not permit development to take advantage of all standards simultaneously. Where there are conflicting provisions with other provisions of this chapter or any other ordinance or law, the more restrictive or higher standards shall control.
[1972 Code § 18-69a]
The purpose of the R-1, R-2 and R-3 Districts is to recognize and preserve the existing pattern of detached dwellings. The purpose of the R-4 District is to recognize and preserve the existing pattern of small lot housing. The concepts of these residential districts are to allow the Borough to provide a variety of housing responsive to market needs.
[1972 Code § 18-69b; Ord. No. 822 § 4; Ord. No. 831 § 1; Ord. No. 852 § 1; Ord. No. 860 § 1; Ord. No. 894 § 1; Ord. No. 909]
a. 
Permitted Principal Uses (Land and Buildings).
1. 
Single family dwellings in accordance with the standards set forth below.
b. 
Density, Bulk, Yard and Cubic Content Requirements for Permitted Uses. See Schedule A, Area, Yard and Lot Requirements.[1]
[1]
Editor's Note: Schedule A referred to herein is included as an attachment to this chapter.
[1972 Code § 18-69c]
a. 
Permitted Accessory Uses.
1. 
Garages, patios, porches, driveways, tennis courts, swimming pools, flagpoles, free standing antennas and uses customarily associated with the above uses, provided such accessory uses are subordinate to the principal use and serve only the principal use.
2. 
One greenhouse serving only the principal use, provided that it is not operated for profit and that there is no display made of products grown therein. All compost and fertilizer used in any greenhouse must be stored in its interior.
b. 
Standards for Accessory Uses. See Schedule B, Standards for Accessory Uses.[1]
[1]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
c. 
Additional Regulations Concerning Garages in Residential Districts. No business, service or industry, connected directly or indirectly with motor vehicles may be carried on in a garage in any residential district. No such garage shall provide storage for more than five motor vehicles.
[1972 Code § 18-69d]
a. 
Permitted Conditional Uses in the R-1 District.
1. 
Nonprofit schools offering academic instruction with curricula approved by the State of New Jersey.
2. 
Nonprofit golf courses with restaurant, clubhouse and pro shop as accessory uses.
b. 
Permitted Conditional Uses in the R-2 and R-3 Districts.
1. 
None.
c. 
Permitted Conditional Uses in the R-4 District.
1. 
Churches or other places of worship.
d. 
Standards for Conditional Uses. See Schedule C, Standards for Conditional Uses.[1]
[1]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
[1972 Code § 18-69e]
a. 
Animals. The keeping of animals other than cats and dogs in any residential district is prohibited.
b. 
No factory buildings or manufacturing of any kind shall be permitted in any of the residential districts.
c. 
No person shall use or occupy a garage or any portion thereof as living or sleeping quarters. No person shall locate a dwelling or housekeeping unit in a garage.
d. 
No rooftop decks are permitted in any residential districts.
[Added 4-11-2018 by Ord. No. 1162]
e. 
Manufacture, grow, cultivate, or conduct any farming activities related to marijuana and the sale of marijuana and/or the paraphernalia that facilitates the use of such marijuana is prohibited.
[Added 11-9-2018 by Ord. No. 1177]
[1972 Code § 18-69f; Ord. No. 822 § 1; Ord. No. 831 § 1; Ord. No. 1122-2015]
a. 
Front Yards. All front yards must remain open and unoccupied except that a paved driveway not to exceed 20 feet in width shall be permitted provided that it does not cover in excess of 35% of the required front yard area. An open front porch which may project the maximum of 10 feet into a required front yard is also permitted.
b. 
Side Yards. All side yards must remain open and unoccupied except that a paved driveway shall be permitted in each side yard provided that it does not cover in excess of 50% of the required area for such side yard. Side yards may also contain air-conditioning units and generators. These units shall be within a minimum of one foot of the dwelling and a maximum of six feet.
[Ord. No. 1122-2015]
c. 
Projections into Yards.
1. 
Chimneys or flues may be erected within a required rear yard provided they do not project into the side yard more than two feet and do not exceed 10 square feet in aggregate external area measured at ground level.
2. 
Required yards shall be open to the sky, unobstructed, except for the ordinary projection of parapets, skylights, window sills, door posts, rain water leaders, and ornamental fixtures, which may not project more than six inches into such yards.
3. 
Roof overhang may extend no more than two feet into a side or rear yard on a principal or accessory structure.
4. 
An open porch may project into any required front yard in any residential district a maximum of 10 feet.
d. 
Drying of Wash. Airing or drying of clothes or wash shall only be permitted in rear yards.
[Added 3-4-2020 by Ord. No. 1202]
a. 
Permitted Uses.
1. 
Golf course.
2. 
Accessories associated with a golf course.
3. 
Playground.
b. 
Bulk Requirements.
1. 
All density, bulk, yard and content requirements shall follow the same requirements for the R-1 Residential Zone.
[1972 Code § 18-70a]
The purpose of this district is to recognize and preserve the areas which have developed with retail facilities within the Borough.
[1972 Code § 18-70b]
a. 
Retail sale of consumable products, wearing apparel, pharmaceuticals, hardware, appliances, household goods, confections and general merchandise (none of which have been manufactured on the premises).
b. 
The sale of personal services such as appliance repair, shoe repair, clothing cleaners, tailors, barber shops and beauty salons.
c. 
Financial institutions, real estate offices and insurance offices.
d. 
Professional offices.
e. 
Restaurants and bars.
f. 
Churches or other places of worship.
[1972 Code § 18-70c]
a. 
No accessory building permitted.
b. 
Off-street parking.
[1972 Code § 18-70d]
a. 
Minimum lot size: none.
b. 
Minimum lot width: 50 feet.
c. 
Minimum lot depth: none.
d. 
Minimum front yard: 50 feet.[1]
[1]
Editor's Note: When the average alignment of existing buildings within 200 feet of the lot and within the same block results in average front yard setback of less than 50 feet, the front yard setbacks of new buildings may be no less than such average front yard setback.
e. 
Minimum side and rear yards: none.
f. 
Maximum building height: 42 feet.
g. 
Minimum cubic content: 8,000 cubic feet.
[1972 Code § 18-70e]
a. 
No factory buildings or manufacturing of any kind shall be permitted in the commercial district.
b. 
Yards. The regulations covering yards set forth in Subsection 30-86.6, shall also apply to yards in the commercial district.
c. 
Garages (Accessory Uses). No garage shall be closer than 25 feet to any street. No more than five rated horsepower shall be used on the premises of any garage.
d. 
Service Stations. No commercial automobile repair work, except for emergency work, shall be carried on out-of-doors.
e. 
No rooftop decks are permitted in the commercial district.
[Added 4-11-2018 by Ord. No. 1162]
f. 
Manufacture, grow, cultivate, or conduct any farming activities related to marijuana and the sale of marijuana and/or the paraphernalia that facilitates the use of such marijuana is prohibited.
[Added 11-9-2018 by Ord. No. 1177]
[1972 Code § 18-71]
Minimum off-street parking spaces shall be provided as follows:
Use
Off-Street Parking Spaces
Auditoriums/theaters
One space per 800 square feet of gross floor area or one space for every four persons legally permitted to occupy the premises, whichever is greater.
Bars/taverns
One space for every four seats.
Church
One space for every five seats.
Dwellings
Two spaces per dwelling unit; provided that there shall be no minimum off-street parking requirement for dwellings in the R- 1, R-2, R-3 and R-4 Districts.
Financial institutions
One space for 250 square feet of gross floor area.
Offices/professional offices
One space per 500 square feet of gross floor area.
Restaurants
One space for every four seats.
Retail sales
One space per 200 square feet of gross floor area.
Service stations
Four spaces per service bay.