A. 
This chapter is derived from a comprehensive ordinance regulating and limiting the uses of land and the uses and locations of buildings and structures; regulating and restricting the height and bulk of buildings and structures and determining the area of yards and other open spaces; regulating and restricting the density of population; dividing the Borough of Oceanport, Monmouth County, New Jersey, into zoning districts for such purposes; adopting a map of said Borough showing boundaries and the classification of such districts; establishing an Official Map for said municipality; establishing rules, regulations and standards governing the subdivision and development of land within the Borough; establishing a Planning Board; and prescribing penalties for the violation of its provisions.
B. 
The short form by which this chapter may be known shall be the "Land Development Ordinance (LDO) of the Borough of Oceanport."
A. 
This chapter is adopted pursuant to N.J.S.A. 40:55D-1 et seq., commonly known as the "Municipal Land Use Law," which confers the power to regulate the use of lands within its jurisdiction upon New Jersey municipalities.
B. 
This chapter is also based upon the duly recognized police powers of a municipality and is an exercise of the same.
This chapter is adopted in order to promote and protect the public health, safety, and general welfare and in the furtherance of the following specific objectives:
A. 
Ensure the coordinated development of the Borough in accordance with its Master Plan.
B. 
Limit congestion in streets: to limit congestion in the public streets and so protect the public health, safety, convenience, and the general welfare by providing for off-street parking of motor vehicles and for the loading and unloading of commercial vehicles.
C. 
Provide for adequate light and air.
D. 
Protect against hazards: to provide protection against fire, explosion, noxious fumes, and other hazards in the interest of the public health, safety, comfort, and the general welfare.
E. 
Regulate intensity of use: to regulate the intensity of use of lots and to determine the area of open spaces surrounding buildings necessary to provide adequate light and air, privacy and convenience of access to property and to protect the public health.
F. 
Regulate location of buildings: to establish building lines and the location of buildings designated for residential, commercial, manufacturing, or other uses within such lines.
G. 
Establish standards of development: to fix reasonable standards to which buildings or structures shall conform.
H. 
Ensure the conservation and protection of open space and natural features.
I. 
Promote orderly development: to protect the character and maintain the stability of residential, business and manufacturing areas within the Borough and to promote the orderly and beneficial development of such areas.
J. 
Preserve and enhance the community character and small-town feel.
K. 
Protect and renew natural resources and create man-made resources that aid in flood protection and resiliency.
L. 
Bolster multimodal travel opportunities.
M. 
Promote complementary commercial uses in redevelopment areas, including Fort Monmouth and Monmouth Park.
N. 
Offer conveniently located public facilities and make them available to all segments of the community.
O. 
Ensure a high quality of life for all residents.
A. 
The Borough Council affirms by its adoption of this chapter that it has received and reviewed the Land Use and Housing Elements of the Borough of Oceanport Master Plan, as duly adopted by the Borough Planning Board, and that this chapter is substantially consistent with the recommendations and provisions of those elements.
B. 
The statement of objectives, principles, assumptions, policies, and standards contained in the Oceanport Borough Master Plan is adopted by reference and shall be considered applicable to this chapter.
C. 
All future amendments to this chapter shall be made only after a review of the Land Use and Housing Elements of the Master Plan and in conformity with its statement of objectives, principles, assumptions, policies, and standards.
The provisions of this chapter shall be held to be the minimum requirements for the protection of the public health, safety, and welfare. Where this chapter imposes a greater restriction than is imposed and required by other provisions of the Code of the Borough of Oceanport, or county, state, or federal government, the provisions of this chapter shall control. Where such other laws, ordinances, rules, regulations, or resolutions require greater restrictions than are imposed by this chapter, the provisions of such other laws, ordinances, rules, regulations, or resolutions shall control.
All uses not expressly permitted in this chapter are hereby prohibited, including:
A. 
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.
[Added 6-17-2021 by Ord. No. 1039]
All applicable requirements shall be met at the time of erection, enlargement, alteration, moving or change in use of the principal use and shall apply to the entire structure or structures whether or not the entire structure or structures were involved in the erection, enlargement, alteration, moving or change in use.
A. 
No building shall hereafter be erected, constructed, reconstructed, moved, extended, converted, altered or demolished unless the owner or contractor shall first obtain a zoning permit from the Zoning Official in accordance with the further provisions of this chapter.
B. 
No building shall hereafter be erected, constructed, reconstructed, moved, extended, converted, altered or demolished unless the owner or contractor shall first obtain a building permit from the Construction Official in accordance with the further provisions of this chapter.
C. 
When an application for a proposed structure or structures does not meet the requirements of this chapter, the Zoning Official or his duly authorized assistant shall refuse to issue a zoning or permit, stating the reasons for said denial, which shall be a part of the public record. The applicant may appeal to the Planning Board.
[Amended 9-16-2021 by Ord. No. 1044]
If, at the time of the enactment of this chapter, any building is being used or any building is being constructed or altered and is completed within six months thereafter in a manner or for a purpose which does not conform with requirements of this chapter, but which is not prohibited by any other existing ordinance of the Borough of Oceanport, such use, manner or purpose may be continued, and any building designed, arranged, intended or devoted to a nonconforming use may be reconstructed or altered, subject to § 390-10, nor shall any change of title or of right to possession affect such continuation of an existing use.
A. 
Continuation.
(1) 
Any use, located either within a building or other structure, or on the land, which was lawful immediately prior to the effective date of this chapter but which became nonconforming by virtue of this chapter may be continued so long as the use is continued without abandonment, including subsequent sales of the property.
(2) 
Any building which was lawful immediately prior to the effective date of this chapter but which became nonconforming by virtue of this chapter may be continued or reconstructed if declared to be substandard by any building, housing or related code or authority of the Borough, provided that it shall comply with the area regulations of the district in which it is located and reconstruction of the building is commenced within one year.
(3) 
Any lot which was lawful at the time of its creation, but which is nonconforming by virtue of this chapter, may be continued to be used for the use existing at the time the lot became nonconforming. Any subsequent use of the lot which requires variances from the provisions of this chapter shall be governed by the Planning Board.
B. 
Expansion of nonconforming uses, buildings, or structures.
(1) 
The expansion of nonconforming uses, buildings, or structures shall be governed by the following rules:
(a) 
A nonconforming use shall not be expanded, enlarged, or increased in any way without the grant of a variance by the Planning Board.
(2) 
No structural alterations may be made to any building or structure which is itself nonconforming or which contains a nonconforming use unless:
(a) 
The alteration is ordered by a public official to eliminate a hazardous condition, or
(b) 
The alteration reduces the extent of nonconformity of the building or structure.
C. 
Abandonment.
(1) 
A nonconforming use of land or of a building shall be presumed to have been abandoned if the active use of the land or building is discontinued through inactivity or when there is an apparent act or failure to act on the part of the tenant or owner to reinstate such use.
D. 
Change in use.
(1) 
A nonconforming use shall not be changed to any use other than a conforming use.
(2) 
Any nonconforming use which has been changed to a conforming use shall not be changed back again into a nonconforming use.
E. 
Restoration of existing buildings.
[Added 9-16-2021 by Ord. No. 1044]
(1) 
Nothing in this section shall be construed to prohibit the restoration of a nonconforming building or use destroyed or partially destroyed by fire, explosion, act of God or act of public enemy, provided that any building or use so partially destroyed may be reconstructed and thereafter used only in such a manner as will not increase, enlarge or extend the preexisting nonconformity.
(2) 
The owner of any nonconforming building or use that is destroyed or partially destroyed as above mentioned must apply for a building (construction) permit to rebuild the same within 12 months from the date of such destruction. If the application to rebuild is filed after such twelve-month period, a building (construction) permit shall be issued only for a conforming use. Nothing in this section shall prohibit the restoration of a wall declared unsafe by the Construction Official.
F. 
Nonconformance due to reclassification. The foregoing provisions of this section shall apply to all buildings, structures, land or uses which may hereafter be rendered nonconforming by reason of any reclassification of zone districts under this chapter or any subsequent change in the regulations of this chapter.
[Added 9-16-2021 by Ord. No. 1044]
G. 
Certificate of nonconformity. Any nonconforming use or structure existing at the time of the passage of an ordinance may be continued upon the lot or in the structure so occupied and any such structure may be maintained or restored/repaired in the event of destruction or partial destruction thereof. A certificate of nonconformity shall not be required for said use or structure to continue, be maintained or restored/repaired. If any nonconforming building, other than an existing one-family or two-family detached dwelling or a service station, shall be destroyed by reason of windstorm, fire, explosion or other act of God or the public enemy, then such destruction shall be deemed complete destruction, and the structure may not be rebuilt, restored or repaired except in conformity with the regulations of this chapter.
[Amended 9-16-2021 by Ord. No. 1044]
(1) 
If it is less than one year of an ordinance change making such building, use, structure or lot nonconforming, a prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing to the Zoning Officer for the issuance of a certificate certifying that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. Denial by the Zoning Officer shall be appealable to the Planning/Zoning Board.
(2) 
If it has been more than one year from an ordinance change making such building, use, structure or lot nonconforming, a prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing to the Planning/Zoning Board for the issuance of a certificate certifying that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof.
(3) 
A certificate of nonconformity shall not be required, including but not limited to, where the following apply:
(a) 
There is no physical expansion of a nonconforming use, structure, accessory structure or driveway on the site.
(b) 
The nonconforming use, structure, accessory structure or driveway on the site is merely being replaced/improved/maintained (in kind).
(c) 
There is no adverse impact on the parking inventory at the site.
(d) 
There is no new variance created in connection with the subject request.
(e) 
There is no expansion/intensification/exacerbation of any previously granted variance or any preexisting/grandfathered nonconforming conditions.
(f) 
There is no adverse health/safety impact associated with the request.
(g) 
The interests of justice and sound planning are not unreasonably compromised by the request.
(4) 
In the event a request satisfies the above conditions, the Zoning Officer is authorized to administratively issue a zoning permit.