[2000 Code § 30-65; Ord. No. 2021-21]
a.
The purpose of this article is to provide precise and detailed standards
by which to guide the type and intensity of development in the City.
It is intended to facilitate controlled growth and redevelopment in
accordance with the Master Plan; including the Waterfront Redevelopment
Plan and any other Master Plan amendments or revisions hereafter adopted.
b.
This Zoning Article shall be termed permissive in structure. After
the effective date of this article no use or structure shall be permitted
in the City which is not listed as a permitted, accessory, or conditional
use, or unless permitted by action of the Zoning Board of Adjustment.
[2000 Code § 30-66.1; amended 4-22-2020 by Ord. No. 2020-11; 4-30-2020 by Ord. No. 2020-13; 6-9-2021 by Ord. No. 2021-21]
For the purpose of this chapter, the City is hereby divided
into districts or zones, to be designated as follows:
R1 Single Family Residential
R2 One and Two Family Residential
R3 Multifamily Residential
B Business District
L-I Light Industrial
P1 Parks
P2 Schools
Deal Lake Drive Inclusionary Housing District
WRA Waterfront Redevelopment Area
MSRA Main Sreet Redevelopment Area
CBD Central Business District Redevelopment Area
STAR S.T.A.R.S. Redevelopment Area
SAR Springwood Avenue Redevelopment Area
WARA Washington Avenue Redevelopment Area
Scattered Site Redevelopment Program Phase 1A
1001 First Avenue Redevelopment Area
[2000 Code § 30-66.2; amended 6-9-2021 by Ord. No. 2021-21]
The location and boundaries of the above districts are hereby
established on the Zoning Map of the City, which is adopted by and
made a part of this Chapter. The map or maps and all notations, references
and designations shown thereon shall be a part of this Chapter as
if the same were all fully described and set forth herein. The map
shall also be the Official Map of the City pursuant to N.J.S.A. 40:55D-32.
(The Zoning Map can be found as an attachment to this chapter.)[1]
[1]
Editor's Note: § 30-66.2A, Zoning Map Amendments,
which previously followed this section was deleted by Ord. No. 2021-21.
Prior history included Ord. No. 2638, Ord. No. 2020-11 and Ord. No.
2020-16.
[2000 Code § 30-66.3; amended 6-9-2021 by Ord. No. 2021-21]
a.
Unless otherwise noted, the district boundary lines are intended
generally to follow the center lines of streets; the center lines
of railroad rights-of-way; existing lot lines; the center lines of
rivers, streams and other waterways; and Municipal boundary lines.
However, where a district boundary line does not follow such a line,
its position shall be shown on the Zoning Map by a specific dimension
expressing its distance in feet from a street line or other boundary
line as indicated.
b.
In the event a district boundary line divides one (1) or more lots,
the zoning regulations of the zoning district which has the larger
portion of the lot area shall apply. If the portions of the lot in
each zoning district are equal, the zoning regulations of the least
intense permitted uses shall apply.
c.
In cases of uncertainty or disagreement as to the true location of
any district boundaryline, the determination shall be made by the
Board of Adjustment.
[Ord. No. 2211, Schedule
1; Ord. No. 2301 § 1; Ord. No. 2409; amended 4-30-2020 by Ord. No. 2020-13; 6-9-2021 by Ord. No. 2021-21]
The Schedule of Area, Yard and Building Requirements is contained in Schedule 1. (2000 Code § 30-67)
|
SCHEDULE 1: SCHEDULE OF HEIGHT, YARD AND BULK REQUIREMENTS
City of Asbury Park (Section 30-67)
| |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
|
Zone
|
Lot Size
|
Lot Width
|
Front Yard
|
Side Yard
|
Agg. Side
|
Rear Yard
|
Height
|
Bldg. Cov.
|
Imp. Cov.
|
Density
|
FAR
|
|
R1
|
5,000 sq. ft.
|
50 ft.
|
25 ft.1
|
6 ft.
|
14 ft.
|
25 ft.
|
2.5 st. 30 ft.
|
30%
|
65%
|
N/A
|
N/A
|
|
R2
|
2,500 sf./unit
|
50 ft.
|
25 ft.1
|
6 ft.
|
14 ft.
|
25 ft.
|
2.5 st. 30 ft.
|
30%
|
65%
|
17 D.U./Ac.
|
N/A
|
|
R3
1-2 Fam Multi
|
Same as R1 10,000 s.f
|
Same as R1 100 ft.
|
30 ft.1
|
Same as R1
20% of Lot Width
|
Same as R1
40% Lot Width
|
30 ft.
|
Same as R1
5 st. 60 ft.
|
30%
|
65%
65%
|
N/A
50 D.U./Ac.
|
N/A
1.5
|
|
B
|
Vacant parcels: 5,000 sf.
All others: existing lot area
|
Vacant parcels: 5,000 sf
All others existing lot width
|
Memorial Dr.: Min 10 ft; Max 25 ft
All other streets: Min. 0 ft; Max. 10 ft
|
Adjacent to non-residential district or use: none
Adjacent to residential district or use: floors 1-3 = 5 ft.
floor 4 = 15 ft. floor 5 = 25 ft.
|
N/A
|
10 ft
|
4 stories. 50 ft
|
80%
|
80%
|
40 du/ac
|
2.5
|
|
LI
|
10,000 s.f.
|
75 ft.
|
10 ft.max.
|
5 ft.
|
10 ft.
|
20 ft.
|
3 st. 40 ft.
|
80%
|
90%
|
N/A
|
1
|
|
1 The minimum required front yard setback shall be the prevailing setback of principal structures along the same block frontage and facing the same street. Refer to § 30-15 Definitions.
|
[2000 Code § 30-68.1; amended 6-9-2021 by Ord. No. 2021-21]
a.
No building or structure shall be erected and no existing building
or structure shall be moved, altered, added to or enlarged, nor shall
any land or building be designed, used, or intended to be used for
any purpose or in any manner other than as specified among the uses
listed as permitted, accessory or conditional in the district in which
such building or land is located.
b.
No building or structure shall be erected, reconstructed or structurally
altered to exceed in height the limit designated for the district
in which such building or structure is located.
c.
No building or structure shall be erected, no existing buildings
or structures shall be altered, enlarged or rebuilt, nor shall any
open space surrounding any building be encroached upon or reduced
in any manner, except in conformity to the yard, lot area and building
location regulations hereinafter designated for the district in which
such building or open space is located. No yard or other open space
provided for any building for the purpose of complying with the provisions
of this article shall be considered as providing a yard or other open
space for any other building on any other lot.
d.
No land in a residential zone shall be used to fulfill open space,
minimum area, minimum yard and setback requirements, parking or other
similar requirements for uses in nonresidential zones.
e.
The area or dimension of any lot, yard, parking area or other space
shall not be reduced to less than the minimum required by this article;
and if already less than the minimum required by this chapter, the
area or dimension shall not be further reduced.
f.
The maximum floor area ratio specified in this article shall not
be exceeded, or, if already more than the maximum, shall not be further
increased. The minimum open space ratio specified in this article
shall be maintained, or, if already less than the minimum, shall not
be further reduced.
g.
Sexually oriented businesses are prohibited within all zoning districts.
[2000 Code § 30-68.2; amended 6-9-2021 by Ord. No. 2021-21]
a.
Nonconforming Lot. Notwithstanding any other provisions of this Article,
any existing nonconforming lot in the R1, R2 and R3 Zones which is
not adjacent to any other lot under the same ownership and which is
nonconforming due to width or area may be improved with a new building
or structure in accordance with the requirements of this article,
provided that:
1.
The minimum setbacks and other requirements shall be as specified
in Schedule 1 except as noted below.
2.
Required side street setbacks on corner lots may be reduced one (1)
foot for each three (3) feet the lot is under the minimum width required
in the zone district but shall not be reduced below one-half (1/2)
the minimum required setback.
3.
In no case shall a detached residential structure be less than twenty
(20) feet in length or width.
b.
Lot Width. On regularly shaped lots, the minimum lot width of any
lot shall be measured at the front property line and required front
yard setback line as required for the zone in which it is located
and shall be maintained for a distance of not less than forty (40)
feet to the rear of the required front yard setback line. Where lots
front on cul-de-sacs or curved streets, the minimum lot width may
be sixty-five (65%) percent of the required minimum or fifty (50)
feet, whichever is greater, measured on the arc of the right-of-way
line.
c.
Corner Lots. Corner lots shall have two front yards, one rear yard
and one side yard. The required front yard shall be maintained on
both streets except as otherwise permitted in this article.
d.
Through Lots. A through lot in a residence zone shall be considered
as having two (2) street frontages, both of which shall be subject
to the front yard requirements of this article. Where a lot is bounded
on three (3) or more sides by roads, the side opposite the front yard
shall be considered the rear yard and the minimum rear yard setback
shall be maintained. The remaining frontage shall be considered side
yard but the front yard setback shall be maintained for the side street.
e.
Frontage Upon a Street. Every principal building shall be built upon
a lot with the minimum required frontage upon an approved street which
shall be improved in accordance with the street standards established
by the City.
f.
Number of Buildings Restricted. There shall not be more than one
(1) principal structure on each lot in the R1 through R3 districts.
g.
For the purposes of this section, the "front yard" or "front yard setback" shall mean the "minimum front yard" specified in § 30-67. When the prevailing setback of existing buildings along a block front is less than the setback required in § 30-67, the prevailing setback may be applied as the "front yard setback" for a new building along the same block front, provided that such setback shall not be less than ten (10) feet.
[2000 Code § 30-68.3; amended 4-30-2020 by Ord. No. 2020-13; 6-9-2021 by Ord. No. 2021-21; 3-27-2024 by Ord. No. 2024-6]
a.
General Application. No building or structure shall have a greater
number of stories or greater height than permitted in the zone where
such building or structure is located.
b.
Permitted Exceptions:
1.
Height limitations stipulated elsewhere in this chapter shall not
apply to the following when attached to a principal structure: spires;
belfries; cupolas and domes; monuments; chimneys; flagpoles; fire
towers; tanks; water towers and standpipes; radio and satellite dish
antennas when attached to nonresidential principal buildings. Freestanding
structures that are not principal buildings shall be considered accessory
structures and shall meet the height requirements set forth in Schedule
1 except as otherwise specified in the Land Development Regulations.
2.
Mechanical appurtenances such as condensers, elevator penthouses,
exhaust fans, air-conditioning equipment and other similar equipment
are exempt from height restrictions, provided they do not extend more
than twelve (12) feet above the maximum height limitations, cover
no more than twenty (20%) percent of the roof area, and are properly
shielded by a parapet wall.
3.
In the B and LI Zone Districts, penthouses are exempt from height
restrictions provided they cover not more than twenty (20%) percent
of the main roof area, are not more than twelve (12) feet, and further
provided that all building service equipment and appurtenances are
enclosed in the penthouse in addition to any use permitted in the
zone where located.
c.
Accessory Structures:
[2000 Code § 30-68.4; amended 6-9-2021 by Ord. No. 2021-21]
a.
Required yards shall be open to the sky and unobstructed, except
that parapets, windowsills, door posts, rainwater leaders and similar
ornamental or structural fixtures may project up to one (1) foot into
such yards.
b.
Cornices, eaves, bay windows and chimneys may project up to two (2)
feet into any minimum required front, side or rear yard as set forth
in Schedule 1.
c.
Uncovered steps only may project up to five (5) feet into a required front or rear yard unless they are a structural component of a porch as defined in § 30-15.
d.
Room air-conditioning equipment, barbecues or patios or fire escapes
may be located within any side or rear yard but shall not be less
than five (5) feet from any property line.
e.
Where any lot abuts a street right-of-way which is proposed to be
widened as indicated on the Asbury Park Master Plan or Waterfront
Redevelopment Plan, or Master Plan of Monmouth County, or by the State
of New Jersey, setbacks and height restriction areas shall be measured
from such proposed right-of-way.
[Ord. No. 2021-21]
[Ord. No. 2021-21]
[2000 Code § 30-70.3; amended 6-9-2021 by Ord. No. 2021-21; 3-27-2024 by Ord. No. 2024-6]
b.
Permitted Accessory Uses.
1.
Garages.
2.
Personal recreational facilities such as swimming pools, basketball
hoops, etc., subject to the requirements of this chapter.
3.
Driveways for the parking of personal vehicles, subject to the provisions
of this chapter.
4.
Any other structure which is clearly incidental to the principal
residential use of the premises.
5.
Minor home occupations.
6.
Accessory dwelling units.
[2000 Code § 30-70.4; Ord. No. 2021-21]
[2000 Code § 30-70.5; amended 6-9-2021 by Ord. No. 2021-21; 3-27-2024 by Ord. No. 2024-6]
b.
Permitted Accessory Uses.
1.
Garages.
2.
Personal recreational facilities such as swimming pools, basketball
hoops, etc., subject to the requirements of this chapter.
3.
Driveways for the parking of personal vehicles, subject to the provisions
of this chapter.
4.
Any other structure which is clearly incidental to the principal
residential use of the premises.
5.
Off-street parking facilities as required by this chapter and used
exclusively by the occupants of a permitted residential use.
6.
Minor home occupations.
7.
Accessory dwelling units.
[2000 Code § 30-70.6; amended 4-22-2020 by Ord. No. 2020-11; 6-9-2021 by Ord. No. 2021-21; 3-27-2024 by Ord. No. 2024-6]
b.
Permitted Accessory Uses.
1.
Garages.
2.
Personal recreational facilities such as swimming pools, basketball
hoops, etc., subject to the requirements of this chapter.
3.
Driveways for the parking of personal vehicles, subject to the provisions
of this chapter.
4.
Any other structure which is clearly incidental to the principal
residential use of the premises.
5.
Minor home occupations.
6.
Accessory dwelling units that are incidental and subordinate to one-
and two-family homes.
d.
Off-Street Parking Requirements.
2.
Two-family dwellings: Three off-street parking spaces. Parking spaces
within enclosed garages may be counted towards the parking requirement
provided that not more than one driveway parking space is located
behind any one garage space.
3.
Three- to four-family dwellings: One and one-half parking spaces
per dwelling unit.
4.
Multi-family dwellings:
Zero to one bedroom apartment: One (1) parking space.
Two or more bedroom apartment: Two (2) parking spaces.
[Added 4-22-2020 by Ord.
No. 2020-11; amended 6-9-2021 by Ord. No. 2021-21]
a.
Purpose: The following provides for alternative zoning via overlay
zoning that is applicable when five or more new units are created.
b.
Permitted Principal Uses.
1.
Multi-family dwellings with a 20% set-aside of low and moderate income
housing.
f.
Affordable Housing Requirement.
1.
Additional density of five (5) units per acre shall be provided where
8% or more new residential units are reserved for middle income housing
and where 20% or more of new residential units are reserved for low-
and moderate-income housing. The set aside requirement for low- and
moderate-income housing units shall be required whenever five or more
new residential units are created, even if middle income units are
provided.
2.
Affordable housing units shall comply with the City's affordable
housing regulations and the Uniform Housing Affordability Control
Rules (N.J.A.C. 5:80-26.1), which shall control in the case of any
conflicts with this ordinance, provided that a minimum of 13% of the
total low- and moderate-income units shall be affordable to very-low-income
households (i.e. 30% or less of median income).
g.
Bulk Standards and Site Design.
2.
Minimum Lot Width: 20 feet.
3.
Minimum Front Yard: 30 feet.
4.
Maximum Front Yard 50 feet.
5.
Minimum Side Yard: 10 feet.
6.
Minimum Rear Yard: 30 feet.
7.
Maximum Density: 30 du/ac.
8.
Maximum Density: 60 du/ac.
9.
Maximum FAR: 1.7.
10.
Maximum Building Coverage: 50%.
11.
Maximum Lot Coverage: 80%.
12.
Maximum Principal Building Height: 8 stories 90 ft.
13.
Maximum Accessory Building Height: 15 feet.
14.
Parking shall not be located between a building and a public street.
15.
A planted buffer strip of not less than 5 feet in width or a solid
fence in conjunction with a three foot wide planted buffer shall be
provided along each side or rear property line that abuts a one- or
two-family residence.
h.
Building Design.
1.
Structured parking that is visible to a public street shall not exceed
one story (parking level). Structured parking shall be screened by
structural elements that are compatible with the materials and design
of the front and side building facades.
2.
Building materials and architectural details shall be consistent
on all sides of each building.
3.
Multiple principal buildings shall be permitted on a lot.
4.
Maximum building length: 200 feet.
5.
Any facade of a residential building shall not continue on the same
plan for a linear distance of more than 75 feet. Minimum two-foot
offsets shall be required at breaks in the facade plane.
6.
Building facades shall be finished in wood, stone veneer, stucco,
brick, fiber cement panel and/or cast stone. Metal shall be used only
for minor accentuation of other elements of the facade.
7.
Building entrances shall be articulated to make it easily identifiable
by visitors and to provide architectural interest. Examples of special
features of entrances include, but are not limited to, awnings and
architectural treatments.
8.
Pedestrian friendly building design and on-site furnishings (outdoor
tables, benches, bicycle racks, etc.) are required along Deal Lake
Drive.
9.
Roof Design.
(a)
Roof shape, color, and texture shall be coordinated with the
exterior materials of the building's facade.
(b)
Roof design shall minimize the negative impact of roof protrusions
by grouping plumbing vents, ducts, and other utility structures together.
(c)
Rooftop equipment such as mechanical units, vents, and flues
shall be located centrally on the building roof, to the extent practicable.
Any equipment visible from a publicly accessible area, adjacent lots,
and pedestrian corridors shall be screened with solid materials using
parapets, pitches roof forms, or penthouses. Screening shall be constructed
of the same or complementary material as the building.
[2000 Code § 30-71.2; amended 4-30-2020 by Ord. No. 2020-13; 6-9-2021 by Ord. No. 2021-21]
[2000 Code § 30-71.5; amended 4-30-2020 by Ord. No. 2020-13; 6-9-2021 by Ord. No. 2021-21; 3-27-2024 by Ord. No. 2024-6]
a.
Permitted Uses.
1.
Stores and shops for the conduct of a retail trade or services not
specifically prohibited.
2.
Personal services.
3.
Take-out and sit-down restaurants.
4.
Art galleries, art studios, museums, and theaters along Asbury Avenue.
5.
Convenience stores.
6.
Artist live/work studios.
7.
Business, secretarial, and trade schools.
8.
Gymnasiums, and health and fitness clubs.
9.
Laundromats.
10.
Dance studios, martial arts schools, and similar instructional schools.
11.
Business and professional offices, bank, and fiduciary institutions.
13.
Medical offices.
14.
Arcades.
15.
Automobile rental uses located along Memorial Drive only.
b.
Prohibited Uses.
1.
Nursing homes.
2.
Licensed health care facilities.
3.
Soup kitchens and food pantries.
4.
Houses of worship and places of assembly.
5.
Social clubs.
6.
Retail sales and service establishments providing goods and repair
services for vehicles.
7.
Used car sales.
8.
Motor vehicle repair garages.
9.
Motor vehicle body repair garages.
10.
Gas stations.
11.
Drive throughs.
12.
Sexually oriented land uses.
c.
Permitted Accessory Uses.
1.
Accessory buildings.
2.
Private recreational facilities and common open space.
3.
Off-street parking facilities, including garages and/or structured
parking.
4.
Minor home occupations.
5.
Accessory Dwelling units that are incidental and subordinate to lawfully-created
one- and two-family homes. Residential lots with ADUs shall follow
bulk standards for the R-1 District.
e.
Off-Street Parking Requirements.
1.
For new development on vacant property: One (1) parking space per
three hundred fifty (350) square feet of gross floor area, with the
exception that floor area devoted to low, moderate- and middle-income
housing units shall not require parking. Parking requirement may be
met through lease of Municipal parking within one thousand (1,000)
feet of the site.
f.
Affordable Housing Requirements.
1.
The creation of five (5) or more new residential units shall require
a 20% set-aside of low- and moderate- income housing units.
2.
Additional density of five (5) units per acre shall be provided where
8% or more new residential units are reserved for middle income housing
and where 20% or more of new residential units are reserved for low-
and moderate-income housing. The set aside requirement for low- and
moderate-income housing units shall be required whenever five (5)
or more new residential units are created, even if middle income units
are provided.
3.
Affordable housing units shall comply with the City's affordable
housing regulations and the Uniform Housing Affordability Control
Rules (N.J.A.C. 5:80-26.1), which shall control in the case of any
conflicts with this subsection, provided that a minimum of 13% of
the total low and moderate-income units shall be affordable to very-low-income
households (i.e. 30% or less of median income).
g.
Site Design.
h.
Building Design.
1.
First-floor facades containing nonresidential uses which are visible
from a public street shall be expressed as building modules that do
not exceed 40 feet in width so as to eliminate blank walls, create
more interesting architecture, and facilitate small-scale commercial
opportunities. Architectural elements including but not limited to
piers, columns insets, projections or other vertical elements must
be used to visually break up the plane of the first-floor facade.
2.
Where facing a public street, nonresidential uses shall have a minimum
of 60% of the ground floor facade between three (3) and 10 feet above
grade and shall have 30% of the upper floor facades be transparent
and shall provide visual access to the street. Blanked-out windows,
windows which display only signage, or look into unused or "dead"
space do not meet this requirement.
3.
Structured parking that is visible to a public street shall not exceed
one story (parking level). Structured parking shall be screened by
structural elements that are compatible with the materials and design
of the front and side building facades.
4.
Building materials and architectural details on all sides of each
building need not be identical, but shall be unified in overall appearance
through finish, materials, details and architectural design.
5.
Multiple principal buildings shall be permitted on a lot.
6.
Maximum building length: 100 feet.
7.
Building facades shall be finished in wood, stone veneer, stucco,
brick, fiber cement panel and/or cast stone. Metal shall be used only
for minor accentuation of other elements of the facade.
8.
Building entrances shall be articulated to make it easily identifiable
by visitors and to provide architectural interest. Examples of special
features of entrances include, but are not limited to, awnings and
architectural treatments.
9.
Pedestrian friendly building design and on-site furnishings (outdoor
tables, benches, bicycle racks, etc.) are required along the public
street.
10.
Roof Design.
(a)
Roof shape, color, and texture shall be coordinated with the
exterior materials of the building's facade.
(b)
Roof design shall minimize the negative impact of roof protrusions
by grouping plumbing vents, ducts, and other utility structures together.
(c)
Rooftop equipment such as mechanical units, vents, and flues
shall be located centrally on the building roof, to the extent practicable.
Any equipment visible from a publicly accessible area, adjacent lots,
and pedestrian corridors shall be screened with solid materials using
parapets, pitches roof forms, or penthouses. Screening shall be constructed
of the same or complementary material as the building.
[2000 Code § 30-71.6; amended 4-30-2020 by Ord. No. 2020-13; 6-9-2021 by Ord. No. 2021-21]
a.
Permitted Uses. Permitted Light Industrial uses include indoor manufacturing
and assembly uses that that do not emit smoke or fumes, or produce
noise or vibrations that are detrimental to nearby residences, in
addition to general business uses that do not provide retail sales
or services. Permitted uses include as follows:
1.
Business and professional offices.
2.
Sound and video recording and rehearsal studios.
3.
Art studios.
4.
Cabinet and furniture makers.
5.
Glass and mirror cutters.
6.
Machine shops.
7.
Welders.
8.
Manufacture, assembly or fabrication.
9.
Warehousing.
10.
Wholesaling.
11.
Scientific laboratory.
12.
Commercial bakery and food manufacturing.
13.
Commercial laundry service.
b.
Reserved.
d.
Reserved.
[2000 Code § 30-71.8; amended 6-9-2021 by Ord. No. 2021-21]
[2000 Code § 30-71.9; Ord. No.
2735 § 2; amended 6-9-2021 by Ord. No. 2021-21]
[2000 Code § 30-73.1; amended 6-9-2021 by Ord. No. 2021-21]
All properties used for commercial or industrial purposes shall
provide a planted buffer strip of at least ten (10) feet in width
on every side which abuts a use permitted in a residence zone. Treatment
of the buffer strip must be subject to the approval of the Zoning
Officer through issuance of a Zoning Permit. Existing commercial or
industrial buildings or uses are exempt from the provisions of this
section, except that if the footprint of such existing building or
use is expanded or the off-street parking facilities are increased
in size, the provisions of this section shall apply.
[2000 Code § 30-73.2; amended 6-9-2021 by Ord. No. 2021-21]
Establishments containing more than 20% of the publicly accessible
floor area of the business for games, including video games, pinball
machines, jukeboxes, pool tables, or games of chance, shall be considered
arcades and may be permitted in the B Zoning District only.
a.
Each establishment containing such games must obtain a mercantile
license from the Mercantile Officer specifying the number and type
of machines to be located in that establishment.
b.
No establishment containing games shall be internally accessible
from another establishment also containing games.
c.
All establishments containing amusements available for use by minors
shall provide proper adult supervision at all times.
[Deleted by Ord. No. 2777 § 5]
(Reserved)
[2000 Code § 30-73.6; amended 6-9-2021 by Ord. No. 2021-21]
Trailers, as defined in § 30-15 of this chapter, shall not be permitted except as specified below:
a.
A trailer which is a customary accessory use incidental to a principally
permitted residential use in a R1 and R2 Zone.
b.
A trailer which is an accessory use to a manufacturing or warehouse
use in the LI Zone.
c.
Trailers, dumpsters and refuse containers, as defined in § 30-15 of this chapter, used by contractors in conjunction with construction activity on a site may be located on said site until the completion of such construction activity, provided that any dumpster or refuse container must be removed from a construction site within ten (10) working days after a cessation of construction activity or upon the filling of the container to a point level with the top of the container. No final Certificate of Zoning Compliance shall be issued until all trailers, dumpsters and refuse storage containers are removed from the site of a completed construction or rehabilitation project. No contractor shall cause or allow a dumpster or refuse storage container to be used for general refuse and garbage disposal.
d.
Trailers used in conjunction with the activities or operations of
a public agency.
[2000 Code § 30-73.7; amended 6-9-2021 by Ord. No. 2021-21]
No outdoor storage of merchandise, articles or materials shall
be permitted in any zone except as part of a permitted new car or
used car dealership. The provisions of this section shall not be construed
to prohibit customary accessory uses in residential zones such as
patios, picnic tables, outdoor fireplaces and similar uses.
[2000 Code § 30-73.10; amended 6-9-2021 by Ord. No. 2021-21]
A minor home occupation is any gainful occupation or profession
engaged in by an occupant of a dwelling unit which meets the following
conditions and requirements:
a.
The use shall be conducted and carried on by the inhabitants hereof
and no others.
b.
The primary use of the premises shall be residential and the minor
home occupation shall be secondary to the residential use of the property.
The appearance of the structure shall not be altered, and the occupation
within the residence shall not be conducted in a manner that would
cause the premises to differ from its residential character either
by use of colors, materials, construction, lighting, signs, or the
emission of sounds or vibrations that carry beyond the premises.
c.
No more than 20% of the gross floor area of the dwelling or accessory
structure may be used for the home occupation.
d.
There shall be no advertising, display, or other indications of a home occupation on the premises, except as permitted in § 30-61.5e.
e.
There shall be no storage or display of goods visible from outside
the structure.
f.
Use or storage of material or equipment not recognized as being part
of the normal practices of owning and maintaining a residence is not
permitted. In any event, there shall be no storage of hazardous or
extra hazardous materials as defined by NJDEPE and USEPA.
[2000 Code § 30-73.11; amended 4-30-2020 by Ord. No. 2020-13; 6-9-2021 by Ord. No. 2021-21]
Upper story residences in nonresidential business districts
shall comply with the following requirements:
a.
Access to all apartments shall be separate from any access to nonresidential
use in the same building.
b.
The portion of the first floor of buildings directly fronting on
a public street shall have not less than 85% of the building length
consist of permitted nonresidential uses; up to 15% of the remaining
building length may consist of residential uses, which shall include
but it not limited to residential units, entries and vestibules, mail
rooms, and other residential accessory uses. The portion of the first
floor of buildings facing an off-street parking area may consist of
residential uses.
c.
Apartment shall not consist of more than three (3) bedrooms.
d.
A commercial building that is enlarged to provide for one (1) or
more upper story residences shall be required to provide one (1) additional
off-street parking space per apartment.
e.
The applicant shall submit a proposal for the handling and disposal
of solid waste, including the means by which differing recycling requirements
between commercial and residential uses will be reconciled and shall
comply with all applicable requirements regarding same.
f.
Parking shall not be required for low-, moderate-, and middle-income
units.
[Added 6-9-2021 by Ord. No. 2021-21]
Multi-family residences in any zone shall provide open space
for residents that constitutes at least 30% of the lot area. The open
space requirement may be met through the means of common interior
recreation areas, balconies, roof decks or terraces located on the
same premises.
[Added 4-22-2020 by Ord.
No. 2020-9]
a.
General Application. A mandatory affordable housing set-aside requirement
shall apply beginning with the effective date of this ordinance[1] to any multi-family or attached dwelling residential development,
including the residential portion of a mixed-use project, which consists
of five (5) or more new residential units that exceed the otherwise
permitted density, which are created as a result of a zoning amendment,
or by a variance granted by the Zoning Board of Adjustment, or by
the adoption of a Redevelopment Plan or amended Redevelopment Plan
in areas in need of redevelopment or rehabilitation as set forth below:
1.
For inclusionary projects in which the low- and moderate-units are
to be offered for sale, the set-aside percentage shall be twenty (20%)
percent; for projects in which the low- and moderate-income units
are to be offered for rent, the set-aside percentage shall be twenty
(20%) percent.
2.
This requirement does not apply to any sites or specific zones otherwise
identified in the Fair Share Plan, for which density and set-aside
standards shall be governed by the specific standards set forth therein.
3.
For any such development for which the City's land use ordinances
(e.g. zoning or an adopted Redevelopment Plan) already permit residential
development as of the effective date of this Ordinance No. 2020-9,
adopted April 22,2020, this requirement shall only apply if the City
permits an increase of five (5) or more residential units beyond that
which is currently permitted (e.g. zoning or an adopted Redevelopment
Plan).
4.
The affordable units shall comply with the City's affordable housing regulations in Chapter 31, Affordable Housing. This includes, but is not limited to, affordability controls of not less than thirty 30) years, proper distribution of one-, two-, and three-bedroom affordable units, proper distribution of very-low-, low- and moderate-income units, and affirmative marketing.
5.
A property shall not be permitted to be subdivided so as to avoid
meeting this requirement. The Board may impose any reasonable conditions
to ensure such compliance.
6.
Nothing in this subsection precludes the City from imposing an affordable
housing set aside in a development not required to have a set-aside
pursuant to this subsection consistent with N.J.S.A. 52:27D-311(h)
and other applicable law.
7.
This requirement does not create any entitlement for a property owner
or applicant for a zoning amendment, variance, or adoption of a Redevelopment
Plan or amended Redevelopment Plan in areas in need of redevelopment
or rehabilitation, or for approval of any particular proposed project.
[2000 Code § 30-75.1; Ord. No.
2017-18 Exh. A; amended 6-9-2021 by Ord. No. 2021-21; 3-27-2024 by Ord. No. 2024-6]
Accessory structures not attached to a principal structure may
be erected in a side or rear yard in accordance with the following
regulations:
a.
No accessory structures shall be constructed closer than five (5)
feet to any side property line.
b.
In the R1 and R2 Zones, accessory structures may be erected in the
rear yard not closer than five (5) feet to the side lot line and three
(3) feet to the rear lot line.
c.
Except where otherwise specifically permitted by this chapter, accessory
structures in multifamily and nonresidential zones shall meet the
setback requirements of the principal building.
d.
Except for a registered ADU, no portion of any accessory structure
shall be used for living quarters for people.
e.
When an accessory structure is attached to the principal building
it shall be considered as a part of the principal building and it
shall comply in all respects with the requirements of this chapter
applicable to the principal structure.
f.
With the exception of uncovered decks and pools, accessory structures
shall be included in meeting the maximum building and impervious coverage
requirements in Schedule 1.
g.
Existing lots in the R1 and R2 District, which contain a single or
two-family dwelling, and which do not contain an attached or detached
garage, are permitted to construct one accessory building of not more
than 100 square feet in area which shall be exempt from the district
requirements for building coverage and lot coverage. Such accessory
building shall comply with any other applicable bulk or spatial requirements
of this chapter. This requirement is not applicable to the creation
of an accessory dwelling unit, which is subject to building and lot
coverage requirements.
[2000 Code § 30-75.2; 6-9-2021 by Ord. No. 2021-21]
Except for portable swimming pools less than three (3) feet
in height and less than ten (10) feet in length or diameter, the following
regulations shall apply to permanent and portable swimming pools,
tennis courts and similar personal recreation facilities:
a.
The use shall be erected on the same lot as the principal structure
and shall require a Construction Permit.
b.
The use may be erected in the side and/or rear yard and shall be
not less than five (5) feet from any lot line.
c.
The use shall be appropriately screened and fenced so as not to adversely
affect adjoining properties.
d.
Lighting which extends the hours of operation, other than in-pool
lights, shall be prohibited.
e.
In the case of swimming pools, all measurements shall be from the
pool apron and provision for drainage shall be approved as part of
the Construction Permit.
[2000 Code § 30-75.3; amended 6-9-2021 by Ord. No. 2021-21]
Freestanding radio operator antennas and satellite dish antennas
may be permitted as accessory uses in all zones subject to the following:
a.
In R1 and R2 Residential Zones one (1) antenna may be permitted to
the rear of a detached one- or two-family structure upon issuance
of the Zoning Permit by the Zoning Officer.
b.
In R3 and Nonresidential Zones, the location of any freestanding
ham radio or satellite dish antenna for multi-family residential buildings
and nonresidential buildings must be approved as a Minor Site Plan
application by the Planning Board. Antennas which are mounted on the
roof of a multifamily building or nonresidential building must be
set back five (5) feet from the edge of the roof and may be permitted
through the issuance of a Zoning Permit by the Zoning Officer.
c.
In a R1 or R2 Zone, the height of a freestanding ham radio antenna
must not exceed five (5) feet above the maximum height limitation
for a principal structure in the zone. The height of a freestanding
satellite dish must not exceed the maximum height allowed for an accessory
structure in the zone where it is to be erected. The height of both
ham radio antennas and satellite dish antennas shall be measured from
the finished grade at the base of the antenna to the highest part
of the antenna.
d.
The setback of a freestanding antenna in a residential zone must
conform with the setback requirement of other accessory structures
as required in this section.
e.
In any residential zone, one (1) ham radio or satellite dish antenna
may be erected on the roof of or otherwise attached to a residential
building. The height of any antenna which is attached to a principal
building in a residential zone shall not exceed a height equal to
twenty-five (25%) percent of the height of the principal building
measured from the average finished elevation of the base of the building
to the highest part of the building, regardless of roof type. Ham
radio or satellite dish antennas mounted on the roof of nonresidential
structures in any zone shall be exempt from the height limitations
of this section.
f.
The Zoning Officer or Planning Board may require landscaping, fencing
or other provisions to ensure that an antenna will not adversely impact
adjacent properties.
[Added 3-27-2024 by Ord. No. 2024-6]
Accessory dwelling units (ADU) shall be allowed in their permitted
zones per this chapter subject to the following:
a.
There shall be no more than one ADU per lot.
b.
The ADU shall be a permanent structure.
c.
The lot with the ADU shall not be subdivided to separate the principal
structure from the ADU.
d.
For ADUs that are located within a new structure or that require
the expansion of the footprint and/or height of an existing accessory
structure, the floor area and building coverage of the ADU shall not
exceed that of the principal use and structure.
e.
The ADU shall have a minimum of two rooms, one of which shall be
a bathroom.
f.
The ADU shall have facilities for cooking, preparing food, and sanitation
that are independent of any other dwelling or dwelling unit.
g.
Refuse shall not be stored in the front yard.
h.
The ADU shall not result in the elimination or reduction of space
dedicated to the required parking of the principal use/building.
i.
All rooms of the ADU shall be accessible from within the unit.
j.
The ADU shall have its own entrance, which is not shared with any
other dwelling unit.
k.
Access stairs and landings, decks, and porches associated with the
ADU shall face toward the interior or the front of the lot upon which
it is situated and shall not be oriented towards the nearest side
and rear yards. Balconies and other upper story outdoor living spaces
are not permitted on a building containing an ADU.
l.
An ADU shall not be built between the principal building and a street
or the front property line of the lot upon which it is situated. It
shall be constructed in the rear yard area.
m.
For new construction of an ADU, the ADU shall comply with the bulk
requirements that control the location of a garage structure of the
zoning district in which is it located; however, the maximum permitted
building height of an ADU is 20 feet in all districts.
n.
A minimum of one parking space is required for the ADU; this space
may be allocated from within an existing driveway with approval by
the Planning and Redevelopment Department.
o.
An additional curb cut on a street may not be constructed to service
the ADU when one already exists. An additional curb cut may be constructed
on an alley.
q.
Prior to the issuance of a construction permit and/or zoning permit
for an ADU, the applicant must submit a survey, plot plan and architectural
plans which depict in detail the size, location, and appearance of
the proposed ADU building, along with utility connections and parking
space allocation.
r.
For the issuance of a zoning compliance certificate for the continuation
of the use of an existing ADU, the zoning officer shall have the discretion
to waive the submission of the supporting documents of a survey, plot
plan and architectural plans where the applicant can demonstrate that
no changes have occurred since the initial submission of the original
documents.
s.
None of the residential units on the lot upon which the ADU is located shall be eligible to receive a short-term rental certificate pursuant to Section 13-1300 of the City Code.
t.
ADU Registration.
1.
In order to establish and maintain an ADU, the property owner must
apply for and receive a certificate that is issued by the Department
of Code Enforcement or their designee pursuant to Section 13-1400
of the City Code.
2.
Before an ADU certificate can be issued, the property owner must
obtain a zoning permit or zoning compliance certificate, as applicable,
from the zoning officer.
u.
Properties containing lawfully-preexisting, non-conforming multifamily
uses are not eligible for the construction of a new ADU. Conforming
and non-conforming two-family uses where both units are in the principal
building are permitted to have an ADU in a separate structure if they
can meet the requirements for ADUs.
v.
Bonuses.
In order to encourage both affordability and accessibility to
ADU's, the following bonus provisions are available to developers
of ADUs:
1.
Accessibility Bonus. Increased building coverage for accessible design.
2.
Affordability Bonuses. Increased building coverage, waiver of fees,
elimination of off-street parking requirements and development grants
for the creation of ADUs that are deed restricted to low-or moderate-income
households.
(a)
An ADU is eligible for bonuses if the following requirements
are met:
(1)
Compliance with the applicable affordable housing requirements for accessory apartments in Chapters 30 and 31 of the Asbury Park Code, as well as the Uniform Housing Affordability Control Rules, N.J.A.C. 5:80-26.1 and the Fair Housing Act, N.J.S.A. 52:27D. This shall include but not be limited to affirmative marketing, maximum rent, and annual increases in rent.
(b)
Where an ADU meets the affordability requirements listed in Section 30-75.4v2(a)(1) above, the lot shall be eligible for the following bonuses:
(1)
The owner of the property shall not be required to occupy the
property.
(2)
The property may exceed the permitted building coverage by an
additional 5%; this may be combined with the accessibility bonus for
a total additional coverage of 10%.
(3)
There is no parking requirement for the ADU.
(5)
Grant bonus.
(i)
The City shall appropriate funds in its annual
budget to provide one-time grants to assist with the construction
of affordable ADUs that are deed restricted for a minimum of 10 years
as follows:
(ii)
Process.
[a]
Interested property owners will be able to secure
information and application packages from the City's designee
to manage the ADU program.
[b]
Interested applicants shall submit complete an
application to the City.
[c]
The City will review the application for completeness
and, if deemed complete, determine that the applicant has signed a
binding contract stating their willingness to rent the ADU to a household
that qualifies for moderate or low-income housing.
[d]
Recommendations for funding shall be sent by the
City to the City Clerk for inclusion on the agenda for the City Council.
If all program criteria and zoning requirements have been met and
certified by the Zoning Officer in writing, the Council shall approve
the funding of the ADU from funds allocated for the program when available
and shall authorize the City Attorney to prepare an ADU grant agreement
and affordability deed restriction.
[e]
Funding will be provided to the approved ADU as
follows:
[i]
Twenty-five percent will be provided once the deed
restriction is recorded.
[ii]
Twenty-five percent will be provided at the issuance
of the first construction permit.
[iii]
Twenty-five percent will be provided at the issuance
of the certificate of occupancy.
[iv]
Twenty-five percent will be provided when the
lease is executed with the initial prospective tenant.
[f]
Before a construction permit and a certificate
of occupancy may be issued:
[i]
The applicant shall have entered into an agreement
with the City per Section 30-75.4v2(b)(5)(ii)(D) above to the effect
that the proposed ADU shall be constructed, occupied, and maintained
in a manner that complies with all of the requirements of the New
Jersey Council on Affordable Housing, including the following: the
minimum ten-year length of affordable housing deed restriction; the
necessity of affirmatively marketing the unit; the basis for calculating
the maximum permitted rent and all incremental increases in the permissible
rent; the method and timing of payments and subsidies by the City;
and any other relevant matters consistent with the intent and purpose
of this section and the affordable housing program in general.
[ii]
The applicant is required to contract with the
municipality's Affordable Housing Administrative Agent or other
designee approved by The City.
[iii]
All necessary agreements shall be signed by the
applicant and the designee of the City.
[iv]
The deed restriction for the minimum ten-year
affordability control shall be filed and recorded with the County
Clerk.
[g]
All subsidy monies shall be refunded to the City
should the affordable ADU not be occupied by a qualified tenant within
one year of granting the subsidy. Additionally, should the affordable
ADU not be produced or rented to a qualified household, or if the
property owner violates any requirements of the deed restriction during
its term, then the subsidy shall be returned to the City and deposited
in the Housing Trust Fund.
[h]
The City shall establish a tracking database of
all permitted and recorded ADUs using data provided by the certificate
program.
[2000 Code § 30-76.1; 6-9-2021 by Ord. No. 2021-21]
It is recognized that certain uses, activities and structures,
some of which are necessary to serve the needs and conveniences of
City residents, and others which are provided for in the State or
Constitutional Law, cannot be specifically classified or regulated
in a particular district without consideration in each case to existing
conditions and the impact upon the neighborhood and surrounding area
and upon the public health, morals, safety and general welfare. Such
uses, activities and structures as specified elsewhere in this chapter
as conditional uses shall be permitted only through issuance of a
Conditional Use Permit by the Planning Board.
[2000 Code § 30-76.3; Ord. No. 2607; Ord. No. 2456; Ord. No. 2735; amended 4-30-2020 by Ord. No. 2020-13; 6-9-2021 by Ord. No. 2021-21]
a.
Microbrewery or craft distillery. A facility which produces limited
quantities of malt beverages, as defined and regulated by the State
Division of Alcoholic Beverage Control (ABC) may be permitted by conditional
use permit subject to the following requirements:
1.
A storefront
façade with floor area used for the display and retail sale
of the beverages produced on the premises shall be provided.
2.
A tasting
room shall be provided.
3.
Off-street
parking and loading areas shall be located behind the building.
4.
Driveway
access shall be prohibited on Asbury Avenue and Memorial Drive unless
the property has no other street frontage.
5.
All
exhaust equipment, vent stacks, fans, etc., shall be above the first
floor elevation and directed away from adjacent residential uses and
the public right-of-way.
b.
Residential Health Care Facilities. Residential health care facilities as defined in this chapter may be permitted by conditional use permit in zoning districts where specified in § 30-70, provided the following standards and conditions are complied with:
1.
The residential health care facility proposes to be duly licensed
under the New Jersey "Hospital Licensing Act" or the "Health Care
Facilities Planning Act" (P.L. 1971, c. 136; c. 26:2H-1 et seq.).
2.
The site plan shall indicate the manner of development, including
the location of specific facilities such as benches, walkways and
landscaping. Interior recreational areas may be included in the calculation
of required recreational area.
4.
The ratio of gross floor area to lot area, or floor area ratio (F.A.R.)
shall not exceed 0.8.
5.
The height of any structure must not exceed three (3) stories above
the average elevation of the finished grade adjacent to its exterior
walls.
6.
Off-street parking facilities must be provided on the premises behind
the setback of not less than one (1) parking space per four (4) beds
plus one (1) parking space per two (2) employees in the largest working
shift.
c.
(Reserved) [Ord. No. 2021-21]
d.
(Reserved) [Ord. No. 2021-21]
e.
(Reserved) [Ord. No. 2465]
f.
(Reserved) [Ord. No. 2021-21]
g.
Townhouse Developments. Townhouse developments shall be subject to
the following standards:
1.
Townhouse developments shall be designed so that each building is
oriented with a front facade and yard area that faces a public street.
Individual units shall have an entry and first floor living area that
faces the street.
2.
Each dwelling shall have a stoop or and porch that is six (6) feet
deep.
3.
A walkway shall be provided between the front or primary door of
each unit to the street.
4.
Garages or off-street parking areas shall be located on an interior
court, lane or alley behind the building.
5.
At least 15% of the site area for new projects should be open green
space not enclosed in private yard areas.
6.
Garages detached from dwellings may be provided along alleys. There
must be a yard area between the dwelling and the detached garage of
at least fifteen (15) feet.
7.
Detached garages must not be closer than five (5) feet to a tract
boundary.
8.
No front entry garage or off-street parking is permitted between
the building's front facade and the street.
9.
Maximum building coverage shall not exceed 60%.
10.
Maximum impervious coverage shall not exceed 85%.
h.
Urgent Care. Urgent care, as defined in this chapter, may be permitted
subject to the following conditions:
i.
(Reserved) [Ord. No. 2021-21]
j.
(Reserved) [Ord. No. 2021-21]
k.
(Reserved) [Ord. No. 2021-21]
l.
Child Day Care Centers. Recognizing the growing need for child day
care facilities created by an economic climate that has caused the
need for both parents to become wage earners, and also recognizing
the incidental nature of such a use in a residential neighborhood,
child day care centers may be permitted in any residence zone upon
receipt of a Conditional Use Permit from the Planning Board. The Planning
Board may issue a Conditional Use Permit provided the following standards
and conditions are complied with:
1.
The operator of the facility must meet any and all qualifications
and possess any license or certification required by the State of
New Jersey for the operation of a child day care facility.
2.
Outdoor recreation areas shall be enclosed by a fence of no less
than four (4) feet in height.
3.
Off-street parking must be provided equal to five (5) parking spaces
plus one (1) parking space per worker employed or to be employed at
any one (1) time.
m.
Major Home Occupation as defined in this chapter, may be permitted
subject to the following standards:
1.
The primary use of the premises shall be residential and the home
occupation shall be secondary to the residential use of the property.
2.
Not more than 30% of the gross floor area of the dwelling and/or
accessory structure may be used for the home occupation.
3.
There may be up to four employees that are non-residents of the premises.
4.
One off-street parking space shall be provided for every two non-resident
employees. This shall be in addition to the normal residential parking
requirement for the premises.
5.
One, non-illuminated identification sign, not exceeding four square
feet, shall be permitted on the premises.
6.
There shall be no outdoor storage or display of materials.
7.
There shall be no storage of hazardous or extra hazardous materials
as defined by NJDEP and USEPA.
8.
No manufacturing permitted on the property. The use shall not change
the residential character of the property.
n.
(Reserved) [Ord. No. 2021-21]
o.
(Reserved) [Ord. No. 2021-21]
p.
Churches, Houses of Worship and Funeral Homes. Churches, houses of worship and funeral homes, as defined in this chapter may be permitted by Conditional Use Permit from the Planning Board in zones as provided in § 30-70 subject to the following conditions.
1.
In order to prevent excess parking on adjacent streets, there must
be off-street parking provided equal to one (1) parking space per
four (4) seats for churches and houses of worship.
2.
Funeral homes shall conform to the parking requirements of paragraph o of § 30-59.5 and shall also provide for the storage of hearses, family cars, flower cars and any other vehicles used in the operation of the business. The Board may consider the use of off-site parking or storage facilities for such vehicles in satisfying this requirement.
3.
In order to insure adequate area for off-street parking and associated
buffers, the minimum lot size must be twelve thousand five hundred
(12,500) square feet and the minimum lot width must be one hundred
(100) feet.
4.
Church buildings may be constructed to a height not exceeding two
and one-half (2.5) stories and fifty (50) feet, not including steeples,
cupolas, bell towers, or other such architectural features. No illuminated
elements permitted above the first floor.
q.
(Reserved) [Ord. No. 2021-21]
r.
(Reserved) [Superseded by Ord. No. 2735]
s.
(Reserved) [Ord. No. 2021-21]
t.
(Reserved) [Ord. No. 2021-21]
u.
(Reserved) [Ord. No. 2021-21]
v.
(Reserved) [Ord. No. 2021-21]
[Ord. No. 2853 § 30-77.1]
The intent of this section is to comply with all applicable
regulations of the Federal Telecommunications Act of 1996 and to provide
regulation for the establishment and/or expansion of personal wireless
services within the City of Asbury Park while protecting neighborhoods
and minimizing the adverse visual and operational effects of personal
wireless service facilities through careful design, siting and screening.
More specifically, this regulation has been developed in order to:
a.
Provide for full wireless communications services within the City
while at the same time minimizing the total number of personal wireless
service facilities throughout the City.
b.
Enhance the ability of the providers of personal wireless services
to provide such services to the community quickly, effectively and
efficiently.
c.
Encourage the utilization of existing structures, such as tall buildings,
bell towers and municipal structures, to mount and install personal
wireless telecommunications antennas and equipment.
d.
Minimize the location of facilities in visually sensitive areas.
e.
Encourage users of personal wireless service sites to configure them
in a way that minimizes the adverse visual impact of the personal
wireless service facility through careful design, siting, screening
and innovative camouflaging techniques.
f.
Protect historic and residential areas from potential adverse impacts
of personal wireless service facilities and equipment.
g.
To encourage as many antennas as possible, of as many of the wireless
communications carriers as possible, to be collocated on the fewest
number of existing structures within the City, while complying with
the provisions of this article.
In furtherance of these goals, the City of Asbury Park shall
give due consideration to the City Master Plan, zoning map, existing
land uses and environmentally sensitive areas in approving sites for
the location of personal wireless service facilities.
[Ord. No. 2853 § 30-77.2]
shall mean a device used to receive or transmit electromagnetic
waves. Examples include but are not limited to whip antennas, panel
antennas and dish antennas.
shall mean use of a personal wireless service facility or
a common site by two or more wireless license holders or by one wireless
license holder for more than one type of communications technology
and/or placement of a personal wireless service facility on a structure
owned or operated by a utility or other public entity.
shall mean any personal wireless services as defined in the
Federal Telecommunications Act of 1996 which includes FCC licensed
commercial wireless telecommunications services, including cellular,
personal communications services, specialized mobile radio, enhanced
specialized mobile radio, paging and similar services that currently
exist or that may in the future be developed. It does not include
any amateur radio facility that is owned and operated by a federally
licensed amateur radio station operator or is used exclusively for
receive-only antennas, nor does it include noncellular telephone service.
shall mean a facility for the provision of wireless communications
services, including, but not limited to telecommunications antennas
and equipment cabinets.
shall mean a self-contained wireless communications device
designed to provide cellular telephone coverage to a limited, targeted
and small area and are used to add coverage or capacity to an existing
wireless service provider's network where it is not feasible to build
a large personal wireless service facility.
shall mean visible from a public thoroughfare, bicycle path,
boardwalk, public lands, or public buildings and the horizontal view
from any contiguous or adjacent structure or building.
[Ord. No. 2853 § 30-77.3]
a.
In order to effectuate the purposes, objectives and goals of this
section, any applicant to the City must prove by substantial evidence
that a bona fide need exists for the facility and that no reasonable
combination of locations, techniques or technologies will obviate
the need for the proposed facility. Therefore, the applicant shall
provide an overall comprehensive plan indicating how it intends to
provide full service throughout the City and, to the greatest extent
reasonably possible, shall indicate how its plan specifically relates
to and is coordinated with the needs of all other providers of wireless
communications services within and around the City.
b.
More specifically, the overall comprehensive plan shall indicate
the following:
1.
The mapped location and written description of all existing antennas
and existing and approved supporting structures within the City controlled
by the applicant;
2.
How the proposed location of the proposed antenna(s) specifically
addresses the suitability or unsuitability of structures to be utilized
to provide the intended wireless communication;
3.
How the proposed location of the proposed antenna(s) specifically
addresses the anticipated need for additional antennas and supporting
structures within and near the City by the applicant and by other
providers of wireless communications within the City;
4.
How the proposed location of the proposed antenna(s) specifically
addresses the objective of collocating the antennas of many different
providers of wireless communications services on a single site, while
complying with the provisions of this article;
5.
How the proposed location of the proposed antenna(s) specifically
addresses the overall objective of providing full wireless communications
services within the City while, at the same time, limiting the number
of personal wireless service facilities to the fewest possible.
[Ord. No. 2853 § 30-77.4]
a.
The locations for siting personal wireless service facilities are
listed below, in order of preference:
1.
Buildings with existing personal wireless service facilities, located
within a commercial or mixed-use zone district in the City of Asbury
Park, including commercial or mixed-use areas of a duly adopted redevelopment
plan, provided that the building shall be no less than four (4) stories
and forty-five (45) feet in height as measured to the top of the parapet
wall.
2.
Buildings with existing personal wireless service facilities located
within a residential zone district in the City of Asbury Park, including
residential areas of a duly adopted redevelopment plan, provided that
the building shall be no less than four (4) stories and forty-five
(45) feet in height as measure to the top of the parapet wall.
3.
Buildings without existing personal wireless service facilities,
located within a commercial or mixed-use zone district in the City
of Asbury Park, including commercial or mixed-use areas of a duly
adopted redevelopment plan, provided that the building shall be no
less than four (4) stories and forty-five (45) feet in height as measured
to the top of the parapet wall.
4.
Buildings without existing personal wireless service facilities,
located within a residential zone district in the City of Asbury Park,
including residential areas of a duly adopted redevelopment plan,
provided that the building shall be no less than four (4) stories
and forty-five (45) feet in height as measured to the top of the parapet
wall
[Ord. No. 2853 § 30-77.5]
The installation and operation of personal wireless service
facilities shall be a conditional use in all zones, subject to the
following condition:
1.
Personal wireless service facilities shall be placed or mounted on
an existing building.
[Ord. No. 2853 § 30-77.6]
All applications for personal wireless service facilities shall
adhere to the following design criteria:
a.
Antennas should be affixed to the existing building structure and
the height thereof shall not exceed the top of the parapet wall, penthouse,
stair tower or chimney to which it is affixed;
b.
The entire facility including the antennas and equipment boxes or
cabinets shall be clustered where practical;
c.
All personal wireless service facilities equipment including the
antennas and equipment boxes or cabinets must be painted or finished
to minimize their visual impact. Colors chosen shall match those on
the existing building;
d.
All of the equipment boxes or cabinets shall be screened from the
public view via use of continuous screening walls and/or parapets;
e.
Equipment boxes or cabinets or any structure containing equipment
necessary for the use of the facility shall not exceed more than two
hundred (200) square feet in rooftop area.
[Ord. No. 2853 § 30-77.7]
Applicants shall provide current FCC information concerning
personal wireless service facility and radio frequency (RF) emission
standards to the Board. Upon documentation by a qualified expert,
proposed wireless communications antenna projects which meet the current
FCC standards shall not be conditioned or denied on the bases of RF
impact.
[Ord. No. 2853 § 30-77.8]
Any personal wireless service facility that has been abandoned
shall be removed within ninety (90) days of notice from the Zoning
Officer that the personal wireless service facility has been abandoned.
[Adopted 11-7-2007 by Ord. No. 2853; § 30-77.9]
Any personal wireless service facility in existence on the date
of the adoption of this section, which does not comply with the requirements
of this section, are subject to the following provisions:
A preexisting nonconforming personal wireless service facility
may continue in use for the purpose now used, but may not be expanded
without complying with this section;
A preexisting nonconforming personal wireless service facility
which is partially damaged or destroyed due to any reason or cause
may, within ninety (90) days, be repaired and restored to its former
use, location and physical dimensions subject to obtaining a building
permit therefore, but without otherwise complying with this section.
If this destruction is greater than partial, then repair or restoration
will require compliance with this section.
The owner of a preexisting nonconforming personal wireless service
facility may repair, rebuild and/or upgrade, but not alter the size,
location or number of antennas or other equipment without having to
conform to provisions of this section.
[Ord. No. 2853 § 30-77.10]
Personal wireless service facilities shall be maintained to
ensure their continued structural integrity. The owner of the personal
wireless service facility shall also perform such other maintenance
of the structure and of the site as to ensure that it does not create
a visual nuisance.
[Ord. No. 2853 § 30-77.11]
a.
Personal wireless service facilities shall require preliminary major
site plan and final major site plan approval in accordance with the
requirements of the City's Land Development Regulations.
b.
In addition, the applicant shall provide to the Planning Board a
written report or reports addressing the
3.
Compliance with radio frequency emission standards as enumerated in section 30-77.7 of this article;
4.
Documentation by a qualified expert that any existing structure proposed
for the location of the personal wireless service facility will have
sufficient structural integrity to support the proposed facility.
[Ord. No. 2853 § 30-77.12]
a.
Equipment used for public safety operations, including but not limited
to communications for the federal, county, state or municipal government
is hereby specifically exempted from the requirements of this section.
However, all other applicable sections of the Code of the City of
Asbury Park do apply.
b.
The installation of picocells within existing buildings is hereby
specifically exempted from the requirements of this section.
[Added 7-14-2021 by Ord.
No. 2021-25]
a.
The purpose of this section is to prohibit, within the geographical
boundaries of the City of Asbury Park (the "City"), the location and/or
operation of all classes of cannabis establishments or cannabis distributors
or cannabis delivery services, as said terms are defined in section
3 of the New Jersey Cannabis Regulatory, Enforcement Assistance, and
Marketplace Modernization Act (P.L. 2021, c. 16) (the "Act"), but
not the delivery of cannabis items and related supplies by a delivery
service.
b.
This section is adopted pursuant to the authority set forth in section
31b of the Act.
[Added 7-14-2021 by Ord.
No. 2021-25]
The location and/or operation of all classes of cannabis establishments
or cannabis distributors or cannabis delivery services, as said terms
are defined in section 3 of the Act, but not the delivery of cannabis
items and related supplies by a delivery service, is hereby prohibited
within the geographical boundaries of the City.
[Added 7-14-2021 by Ord.
No. 2021-25]
All Redevelopment Plans heretofore adopted by the City are hereby
revised to prohibit the location and/or operation of all classes of
cannabis establishments or cannabis distributors or cannabis delivery
services, as said terms are defined in section 3 of the New Jersey
Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization
Act (P.L. 2021, c. 16), within all Redevelopment Areas of the City,
but not the delivery of cannabis items and related supplies by a delivery
service.
[2000 Code § 30-80.1; Ord. No.
2851]
A use, building or structure, lawfully in existence on the effective
day of the adoption of this chapter or amendment thereto, which shall
be made nonconforming by this chapter or amendment, may be continued
except as otherwise provided in the Land Development Regulations.
[2000 Code § 30-80.2]
See § 30-68.2.
[2000 Code § 30-80.3]
Where a lot exists as a separate isolated lot, and is improved
with a building or structure which is nonconforming due to location,
the lot may be further improved by an addition to the building or
structure or any accessory building or structure provided that the
existing nonconforming setbacks may be extended but not further encroached
upon; and further provided that the minimum side yard shall be not
less than three (3) feet.
[2000 Code § 30-80.4; Ord. No.
2851]
a.
No existing building, structure or premises devoted to a nonconforming
use shall be enlarged, extended, reconstructed, substituted or structurally
altered except when changed to a conforming use, or as follows:
1.
Restoration. Except as in Subsection 2. below any nonconforming use or structure damaged by fire, casualty or act of God may be repaired, restored, reconstructed or used as before; provided that the area of such use or structure shall not exceed the area which existed prior to such damage and the cost of necessary construction, alterations or repairs does not exceed fifty (50%) percent of the assessed value of the structure. All repairs shall be commenced within one (1) year after damage occurs and shall be completed within two (2) years of such date or such use shall not be rebuilt except as a conforming use.
2.
Destruction. If in the opinion of the Construction Official a structure
is damaged beyond repair, any new structure and the use thereof shall
be in compliance with this chapter.
3.
Repairs. Normal maintenance and repair of a structure containing
nonconforming use is permitted provided it does not extend the area
or volume of space occupied by the nonconforming use, does not increase
the intensity of use and that the costs of repairs required to bring
the structure into compliance with applicable Building and Health
Codes does not exceed fifty (50%) percent of the present value of
the structure unless the nonconforming use is replaced with a conforming
use. For the purposes of this section "present value" shall equal
the assessed value listed on the records of the Tax Assessor unless
a higher value is certified by a licensed real estate appraiser and
submitted to the Zoning Officer.
b.
Nothing in this chapter shall prevent the strengthening or restoring to a safe or lawful condition any part of any building or structure declared unsafe or unlawful by the Construction Official or other authorized State or City official, subject to the provisions of Subsection a above.
c.
Abandonment of Nonconforming Use. The burden of proof shall be on the owner to produce evidence of action taken by the owner that clearly demonstrates the intent of the owner to continue the nonconforming use. If the nonconforming use is ruled to be abandoned by the Zoning Officer, the use of the building or property must be made to conform to the Land Development Regulations. The owner may obtain the decision of the Zoning Officer in writing and exercise the options provided in Subsection a. of § 30-22.3.
d.
A nonconforming use shall not be substituted in the place of any
other nonconforming use in any zone, nor shall a nonconforming use
be substituted in place of any conforming use in any zone.
