A.
Effect of this chapter.
(1)
This chapter shall be applicable to the regulation of the use of all land and structures within the Borough of Oceanport.
(a)
The provisions of this chapter shall be held to be the minimum requirements (or the maximum, when so specified). Where this chapter imposes a greater restriction than is imposed and required by other provisions of law or by other rules, regulations or resolutions, the provisions of this chapter shall control. Where other laws, rules, regulations, or resolutions require greater restrictions than are imposed by this chapter, the provisions of such laws, rules, regulations, or resolutions shall control.
(b)
The standards established by this chapter shall be applied uniformly within each zoning district to each class or kind of structure or land. Only uses which are specifically provided for by the regulations of any district shall be permitted in that district unless authorized by the Planning Board pursuant to this chapter.
(c)
Upon the effective date of this chapter, no building shall hereafter be used, erected, altered, converted, enlarged, added to, moved or reduced, nor shall any lands be subdivided, developed, or redeveloped, in any manner except in conformity with the standards provided herein, as applied to the zoning district in which the building or land is located.
(d)
Upon the effective date of this chapter, all buildings and land which are not in full conformity with the standards provided herein, as applied to the zoning district in which the building or land is located, shall be deemed to be nonconforming and shall be subject to the provisions of this chapter.
B.
Establishment of zoning districts and Zoning Map.
(1)
The following zoning districts are hereby created, and all land within the Borough of Oceanport shall be placed in one of these districts by designation on a Zoning Map, as described below.
R-1 | Residential Single-Family |
R-2 | Residential Single-Family |
R-3 | Residential Single-Family |
R-4 | Residential Single-Family |
R-5 | Residential Single-Family and Two-Family |
R-7.5 | Residential Single-Family |
R-M | Residential Multifamily |
RMO | Residential Multiple-Family Development (fee-simple owner) |
RMW | Residential Multiple-Family Waterfront |
B-1 | Professional and Office |
B-2 | General and Recreational Commercial |
V-C | Village Center (retail commercial) |
VC-AH | Village Center-Affordable Housing Overlay |
I | Industrial |
MPAR-AH | Monmouth Park Age-Restricted Affordable Housing Overlay Inclusionary Zone |
FM-GT | Fort Monmouth - Green Tech Campus |
FM-HC | Fort Monmouth - Horseneck Center |
FM-MU | Fort Monmouth - Education/Mixed-Use Neighborhood |
(2)
Zoning Map. The boundaries of these zoning districts are established on a map entitled "Zoning Map of the Borough of Oceanport," dated September 11, 1996, last revised November 3, 2020, which accompanies this chapter and is incorporated herein.
(a)
The Zoning Map is on file in the office of the Borough Clerk.[1]
[1]
Editor's Note: The Zoning Map is also included as an attachment to this chapter.
(b)
Ordinance No. 980, adopted 10-19-2017: Block 65, Lot 1, on Tax Map of the Borough, commonly known as "222 Monmouth Boulevard." The Zoning District Map and the Zoning Ordinance of the Borough are hereby amended to incorporate and reflect the redevelopment plan and, to the extent provided in the redevelopment plan, are superseded thereby.
C.
Interpretation of boundaries.
(1)
The boundaries between zoning districts are, unless otherwise indicated, either the center lines of streets or railroad rights-of-way, municipal boundary lines, property lines existing at the time of the Zoning Map adoption or amendment, or lines parallel or perpendicular thereto. Distances not specifically indicated shall be determined by the scale of the map.
(2)
Where a district boundary line divides a lot existing at the time of adoption of this chapter, the regulations applicable to the least-restrictive district shall extend over the portion of the lot in the more-restrictive district for a distance of not more than 20 feet.
D.
Notice of proposed change to classification or boundaries of zoning districts.
(1)
Notice of a hearing on an amendment to the Zoning Ordinance proposing a change to the classification or boundaries of a zoning district, exclusive of classification or boundary changes recommended in a periodic general reexamination of the Master Plan by the Planning Board pursuant to Section 76 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-89), shall be given at least 10 days prior to the hearing by the Municipal Clerk to the owners of all real property, as shown on the current tax duplicates, located, in the case of a classification change, within the district and within the state within 200 feet in all directions of the boundaries of the district, and located, in the case of a boundary change, in the state within 200 feet in all directions of the proposed new boundaries of the district which is the subject of the hearing.
(2)
A notice pursuant to this section shall state the date, time and place of the hearing, the nature of the matter to be considered and an identification of the affected zoning districts and proposed boundary changes, if any, by street names, common names or other identifiable landmarks and by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office.
(a)
Notice shall be given by:
(b)
Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the boundaries of the district which is the subject of the hearing, may be made in the same manner as to a corporation, in addition to notice to unit owners, co-owners, or homeowners on account of such common elements or areas.
(3)
The Municipal Clerk shall execute affidavits of proof of service of the notices required by this section and shall keep the affidavits on file along with the proof of publication of the notice of the required public hearing on the proposed Zoning Ordinance change. Costs of the notice provision shall be the responsibility of the proponent of the amendment.
(4)
Protest. Notice of the hearing on an amendment to the Zoning Ordinance proposing a change to the classification or boundaries of a zoning district, exclusive of classification or boundary changes recommended in a periodic general reexamination of the Master Plan by the Planning Board pursuant to Section 76 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-89), shall be given prior to adoption in accordance with the provisions of Section 2 of P.L. 1995, c. 249 (N.J.S.A. 40:55D-62.1). A protest against any proposed amendment or revision of a zoning ordinance may be filed with the Municipal Clerk, signed by the owners of 20% or more of the area either: 1) of the lots or land included in such proposed change; or 2) of the lots or land extending 200 feet in all directions therefrom, inclusive of street space, whether within or without the municipality. Such amendment or revision shall not become effective following the filing of such protest except by the favorable vote of 2/3 of all the members of the governing body of the municipality.