[Ord. #1091, § I]
It is the intent of the City in the creation of beach preservation
and tidal flood plain zones to preserve the beach for public recreational
purposes and also to prevent and eliminate conditions which in the
event of flood and storm threaten the public health, safety and welfare
and which lead to damage to or loss of property.
[Ord. #1091, § II; Ord. #1105, § 1; Ord.
#1120, § 1; Ord. #1137, § 1]
As used in this Chapter:
Shall mean: The Atlantic Ocean Coastal Beach Zone between
23rd Street and 29th Street shall be that area between Atlantic Ocean
Coast Line and a fixed line inland therefrom which shall be designated
"Official Oceanfront Bulkhead Line of Ocean City, N.J." revised to
13th of August, 1975, the location of which shall be shown on drawing
bearing title and dated August 13, 1975, copies of the aforesaid drawing
are on file in the office of the City Clerk and are available for
inspection.
Shall mean the elevation of tidal water surface midway between
mean low tide (-2.01' feet) and mean high tide (+2.0' feet).
[Ord. #1091, § IIIA; Ord. #1127, § 1; Ord. No. 86-10]
No land shall be used nor any building erected or used in the
Atlantic Ocean Coastal Beach Zone except for one or more of the following
uses: Open space, beach and water recreation, protective sand dunes
and related improvements including snow fencing and dune stabilization
plantings, stairs and walkways for beach access and dune preservation,
necessary buildings and structures for public safety and convenience
including first aid stations, life guard stations, comfort stations,
boardwalks, pavilions, piers, and related facilities, necessary shore
protection and stabilization improvements including jettys, groins,
bulkheads and related structures.
[Ord. #1091, § IIIB]
No land or buildings shall be used for any purpose not listed
as a "Permitted Use" under this section.
[Ord. #1091, § IVA]
Within the Atlantic Ocean Coastal Beach Zone, all existing natural
and man-made sand dunes and vegetation shall be preserved. Where sand
dunes do not exist, sand dunes may be established through the use
of sand fencing or other suitable means and stabilized with American
Beachgrass (Ammophila breviliqulata) or other suitable plant materials.
All protective sand dunes and vegetation shall be protected from damage
by the restriction of pedestrian, equestrian and vehicular traffic.
The use of dune buggies, motorcycles, motorbikes, jeeps and similar
vehicles is prohibited within sand dune areas. Where necessary, trails
and stairways through and over protective sand dunes may be provided
for beach and water access.
[Ord. #1091, § IVB]
The removal, cutting, burning or destruction of the natural
vegetation, sand fences and/or other types of beach protection devices
in the Atlantic Ocean Coastal Beach Zone is hereby prohibited.
[Ord. #1091, § IVC]
The removal of sand from the beaches by other than governmental
authorities is hereby prohibited.
[1]
Editor's Note: Former Sections 19-5, Nonconforming Uses
and 19-6, Design and Construction Standards, previously codified herein
and containing portions of Ordinance Nos. 1091 and 1092 were repealed
in their entirety by Ordinance No. 86-10.
[Ord. #1091, § VIII]
Whereby, by reason of exception or situation, the strict application
of this Chapter would result in exceptional or practical difficulties
to or undue hardship upon the owner of any land, the owner may apply
to the Zoning Board of Adjustment for a variance from the strict application
of this section. The same procedure established by law for Zoning
Variances shall be followed in seeking variances from the strict application
of this section. The Zoning Board of Adjustment, if it finds that
a special exception should be granted, shall so recommend to the City
Council, and the City Council shall make the final determination.
