[Ord. No. 2001-02]
This chapter shall be known as “The Zoning Ordinance of
the Borough of Harvey Cedars.”
[Ord. No. 2001-02]
a.
For the
purpose of consolidation, codification and revision, the Zoning Ordinance
of the Borough, the title of which is set forth in the title hereof,
and the various amendments thereof and supplements thereto, are further
amended, consolidated and revised as herein provided.
b.
In their
interpretation and application, the provisions of this chapter shall
be held to be the minimum requirements, adopted for the promotion
of the public health, safety, morals, comfort, prosperity and general
welfare. It is not intended by this chapter to repeal, abrogate, annul
or in any way impair or interfere with any existing provisions of
law or ordinance or with any rules, regulations or permits previously
adopted or issued or which shall be adopted or issued pursuant to
law relating to the uses of building or land, or with any private
restrictions placed upon a property by covenant or deed; provided
that where this chapter requires a greater width of size, or yards,
courts or other open spaces, or requires a greater percentage of lot
to be left unoccupied, or imposes restrictions more extensive than
are required by any other statute or local ordinance or regulation,
the provisions of the regulations in this chapter shall govern.
[Ord. No. 2001-02]
This chapter is adopted for the purpose of promoting health,
safety, morals, general welfare, securing safety from fire, flood,
and other dangers, preventing the overcrowding of land or buildings,
and with the view of conserving the value of property and encouraging
the most appropriate use of land and buildings within the Borough.
[Ord. No. 2016-15]
In applying the provisions of this chapter, a departure from
the literal requirement shall not be considered a violation if, in
the opinion of the Zoning Officer, the departure is minimal and necessary
to meet safety needs and current code.
[Ord. No. 2001-02]
The Borough is hereby divided into zones, or districts, as shown
on the Official Zoning Map which, together with all explanatory matter
thereon, is hereby adopted by reference and declared to be a part
of this chapter.
[Ord. No. 2001-02]
The official zoning map shall be identified by the signature
of the Mayor attested by the Borough Clerk, and bearing the seal of
the Borough under the following words: “This is to certify that
this is the Official Zoning Map referred to in Ordinance Number 66-4
of the Borough of Harvey Cedars, New Jersey”, together with
the date, July 16, 1966.
[Ord. No. 2001-02]
If, in accordance with the provisions of this ordinance and
R.S. 40-55-30, supplements thereto and amendments thereof, changes
are made in district boundaries or other matter portrayed on the Official
Zoning Map, such changes shall be made of the Official Zoning Map
promptly after the amendment has been approved by the Mayor and Commissioners,
together with an entry on the Official Zoning Map as follows: “On
(date), the official action of the Mayor and Commissioners, the following
change(s) were made in the Official Zoning Map; (brief description
of nature of change(s),” which entry shall be signed by the
Mayor and attested by the Borough Clerk. The amending ordinance shall
provide that such changes or amendments shall not become effective
until they have been duly entered upon the Official Zoning Map. No
amendment to this ordinance which involves matter portrayed on the
Official Zoning Map shall become effective until after such change
and entry has been made on the Map.
No changes of any nature shall be made in the Official Zoning
Map or matter shown thereon except in conforming with the procedures
set forth in this chapter. Regardless of the existence of purported
copies of the Official Zoning Map, which may be made or published,
the Official Zoning Map which shall be located in the office of the
Borough Clerk shall be the final authority as the current zoning status
of land and water areas, buildings, and other structures in the Borough.
[Ord. No. 2001-02]
In the event that the Official Zoning Map becomes damaged, destroyed,
lost, or difficult to interpret because of the nature or number of
the changes and additions, the Borough Commissioners may by resolution
adopt a new Official Zoning Map which shall supersede the prior Official
Zoning Map. The new Official Zoning Map may correct drafting or other
errors or omissions in the prior Official Zoning Map but no such correction
shall have the effect of amending the original zoning ordinance or
any subsequent amendment thereof. The new Official Zoning Map shall
be identified by the signature of the Mayor attested by the Borough
Clerk, and bearing the seal of the Borough under the following words:
This is to certify that this Official Zoning Map supersedes and replaces
the Official Zoning Map adopted (date of adoption of map being replaced)
as part of Ordinance Number 66-4 of the Borough of Harvey Cedars,
New Jersey.
[Ord. No. 2001-02; Ord. No. 2007-13; Ord.
No. 2010-22; Ord. No. 2013-03; Ord. No. 2014-08; Ord. No. 2016-15; Ord.
No. 2017-17; Ord. No. 2021-15; Ord. No. 2021-20]
Whenever a term used in this chapter is defined in R.S. 40:55D-1
et seq., the term is intended to have the meaning set forth in the
definition of such term in that statute. However, the following terms,
as used in this chapter, shall be defined as follows:
The words “used” or “occupied” shall
include the words “intended,” “designed,”
or “arranged to be used or occupied”. The word “lot”
shall include the words “plot” or “parcel.”
A subordinate use or subordinate building the purpose of
which is incidental to that of the main use or main building and on
the same lot.
An increase in the footprint area of a building, an increase
in the height, or an increase in the number of stories of a building.
The rearrangement of any space by the construction of walls
or partitions or by a change in ceiling height, the addition or elimination
of any door or window, the extension or rearrangement of any system,
the installation of any additional equipment or fixtures and any work
which reduces the loadbearing capacity of or which imposes additional
loads on a primary structural component.
Area between ceiling joists of top story and the roof rafters
above. An attic area shall not be finished nor heated and not used
for anything but storage or mechanical equipment.
The portion of a lot remaining after required yard areas
have been set aside.
Any structure having a roof supported by columns, piers,
or walls including tents, lunch wagons, trailers, dining cars, camp
cars, or other structures on wheels or having other supports and any
unroofed platform, terrace or porch having a vertical face higher
than 12 inches above the level on the ground from which the height
of the building is measured.
The sum of the areas enclosed by the principal and accessory
building lines, including any porches and decks. Building footprint
area shall exclude:
Air conditioner or generator platforms 24 square feet in area
and under;
Bay windows not extending down to finish floor, 12 square feet
or less in area; outdoor shower enclosures, roofed or unroofed, 32
square feet or less;
Chimneys 12 square feet or less in area and not projecting more
than two feet from the structure.
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If the above areas are exceeded, the portion of area exceeding
shall be included in the building footprint area.
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The difference in elevation from the crown of the established road, street, or easement grade at the center of the front yard to the highest point of the building or structure. Eastward of Long Beach Blvd., the established grade shall be the higher elevation of either the existing street or easement, or the established street profile. The height of properties fronting the eastward side of Long Beach Blvd. shall be based on the closest east/west easement or street on the eastward side of Long Beach Blvd. See Subsection 24-11.10. Westward of Long Beach Blvd., for lots that have been filled 20 inches above the centerline street grade, the building height shall be increased by one foot. See Subsection 13-7.2 for Height Limits.
A line formed by the intersection of a horizontal plane that
coincides with the exterior surface of the building on any side. In
case of a cantilevered or projected section of a building, the vertical
plane will coincide with the most projected surface, except for roof
overhangs projecting two feet or less, or chimneys projecting two
feet or less and bay windows not extending to finish floor less than
12 square feet in area. All yard requirements are measured to the
building line.
A certificate issued by the Borough Building Administrator
and enforced by the Zoning Officer upon completion of construction
and/or alteration of any building, or upon the sale, conveyance, transfer
of ownership or change in the use of any building and/or structure
which certified that all requirements of this chapter or such adjustments
thereto which have been granted by the Board of Adjustment or Planning
Board and all other applicable requirements have been complied with.
An outside bench and/or seat provided for patrons as a convenience
to use while consuming takeout foods.
An exterior floor system supported on at least two opposite
sides by an adjoining structure and/or posts, piers, or other independent
supports. Any deck area with a deck or roof above shall be considered
a porch.
A use of land where a single parcel, site, or property is
used for two distinct uses, both of which are permitted uses in the
zone and meet all other town and zoning requirements, specifically
a residential use and a commercial use such as a business/professional
office, a retail business or a personal/household service establishment,
being conducted in a single structure or on a single lot.
A detached residence designed for or occupied by one family
only.
The lands required for the installation of stormwater sewer
or drainage ditches and/or required for the preservation or maintenance
of a natural stream or watercourse or other drainage facilities.
[Added 2-1-2023 by Ord. No. 2023-01]
Access easements used for pedestrian traffic to gain access
through a private property. No building or structure, whether principal
or accessory shall be closer than eight feet to the pedestrian access
easement line.
An easement created for the purpose of providing vehicular
or pedestrian access across one property to another.
The right-of-way acquired by a utility or governmental agency
or local utilities, included but not limited to water, sewer, stormwater
and gas mains, telephone and electric poles, cables, pylons, and towers.
Utility easements are not required to meet minimum setback requirements
for zoning purposes.
An easement created for the purpose of vehicular ingress
and egress. No portion of a vehicular easement can be included in
required setbacks. Setbacks shall be measured from the easement line.
One or more persons occupying a single housekeeping unit
and using common cooking facilities provided that unless all members
are related by blood or marriage, no such family shall contain over
five persons.
The heated and air-conditioned areas of buildings utilized
for living, sleeping, eating or cooking, including bathrooms, toilet
compartments, closets, mezzanines, stairways, foyers, halls, storage,
utility areas, and closed porches. Habitable Areas shall not include
unheated attics, crawl spaces, basements or garages, decks, open porches,
and floor space less than five feet in height. Habitable Areas will
be calculated from the exterior walls of the structure.
The sum of the horizontal areas of generally impervious surfaces
including roof areas, pools and hot tubs, roofed over decks and fiberglass
decks, brick or concrete pavers, asphalt, concrete, and similar type
pavements that cover the Lot. Timber or plastic decks having open
joints, and gravel, shell or stone surfaces are not considered Impervious
Coverage.
A parcel of land of at least sufficient size to meet minimum
zoning requirements for use, coverage and area, and to provide such
yards and other open spaces as herein required. Such lot shall have
direct vehicular access to an improved public street as herein defined
and may consist of:
A single lot of record;
A portion of a lot of record;
A combination of complete lots of record, of complete lots of
record and portions of lots of record, or of portions of lots of record;
A parcel of land described by metes and bounds, provided that
in no case of division or combination shall any residential lot or
parcel be created which does not meet the requirements of this chapter.
The ratio of building footprint area to upland lot area.
On regular lots, the front shall be construed to be the portion
nearest the public street. In determining yard requirements, all sides
of any regular lot adjacent to the public street shall be considered
frontage unless otherwise modified herein.
Shall be determined by measurement across the rear of the
required front yard, provided, however, that width between side lot
lines at the points where they intersect the street line shall not
be less than 80% of required minimum lot width, except in the case
of lots on the turning circle of cul-de-sac or at points of street
curvature where the radius at the right-of-way line of the street
(or circle approximately following the right and intersection the
foremost points of the side lot lines) is less than 90 feet, in which
case the 80% requirement shall not apply; however, the minimum width
at the street line in the situation where the radius is less than
90 feet, shall not be less than 25 feet.
An off-street parking space comprising not less than 180
square feet of parking stall plus necessary maneuvering space, shape
for maneuvering incidental to parking or unparking shall not encroach
upon any public way. Every off-street parking space shall be accessible
from a public way.
One of the following:
CLOSED PORCH
A deck area with a roof or deck entirely above and covering
to the deck extents, and having solid or paneled railings, insert
screening or storm panels.
OPEN PORCH
A deck area with a roof or deck above, and railing open in
area for at least one half of the porch perimeter outside of the building
wall. No additional enclosure materials or walls are permitted including
screening, storm windows, drop curtains, or other temporary enclosures.
Any project where the extent and nature of the work is such
that the work area cannot be occupied while the work is in progress
and where a new certificate of occupancy is required before the work
area can be reoccupied. Reconstruction may include repair, renovation,
alteration, or any combination thereof. For further clarification
of such definitions reference shall be to the New Jersey Administrative
Code, N.J.A.C. 5:23-6.4 et seq.
Any establishment, however designated, at which food is sold
for consumption on the premises, but normally to patrons seated within
an enclosed building with table service.
Any establishment where the majority of the patrons purchase
food, soft drinks, ice cream and similar confections for takeout or
consumption on the premises, inside or outside the enclosed building
regardless of whether or not seats or accommodations are provided
for the patrons.
Any establishment which food is sold for consumption off
premises with no permitted table seating.
Any establishment which food and/or sundries are sold for
use off premises with permitted table seating.
Any device designed to inform or attract the attention of
persons not on the premises on which the sign is located, provided
however, that the following shall not be included in the application
of the regulations herein.
Signs not exceeding one square foot in area and bearing only
property numbers, post box numbers, names of occupants or premises,
or other identification of premises not having commercial connotations.
Flags and insignias of any government except when displayed
in connection with commercial promotion.
Legal notices, identification, information, or directional signs
erected or required by government bodies.
Integral decorative or architectural features of buildings,
except letters, trademarks, moving parts, or moving lights.
Signs directing and guiding traffic and parking on private property
but bearing no advertising matter.
For the purpose of determining number of signs, a sign shall
be considered to be a single display surface or display device containing
elements organized, related and composed to form a unit. Where matter
is displayed in a random manner without organized relationship of
elements, each element shall be considered to be a single sign. The
surface area of a sign shall be computed as including the entire area
within a regular geometric form comprising all of the display area
of the sign and including all of the elements of the matter displayed.
Frames and structural members not bearing advertising matter shall
not be included in computation of surface area.
A sign relating in its subject matter to the premises on
which it is located, or to products, accommodations, services, or
activities on the premises.
A vertical dimension and shall mean that portion of a building
included between the upper surface of a floor and the upper surface
of the floor or roof above it. A split-level story shall be considered
a second story if its floor level is six feet or more above the level
of the line of the finished floor next below it.
The right-of-way line of a street.
Anything constructed or erected with a fixed location on
the ground, or attached to something having a fixed location on the
ground. Among other things, structures include buildings, mobile homes,
walls, fences, billboards, poster panels, and decks.
The area of a lot exclusive of any open water, lagoon or
wetland areas. Open water area shall be measured from the mean high-water
line established on the current property survey.
An outside bench and/or seat provided for patrons as a convenience
to use while waiting to be seated at a table. No consumption of food
is permitted on waiting benches.
A required open space other than a court, unoccupied and
unobstructed by any structure or portion of a structure from 12 inches
above the general ground level on the graded lot upward, provided,
however, that fences, walls, poles, posts and other customary yard
accessories, ornaments, and furniture may be permitted in any yard
subject to height limitations and requirements limiting obstruction
of visibility as indicated herein.
FRONT YARD
A yard extending between side lot lines across the front
of a lot adjoining a public street. On through lots, unless the prevailing
lot pattern indicates otherwise, front yards shall be provided on
all frontages in accordance with the general regulations of the district
concerning minimum depth of front yards. This definition shall not
apply to lots which are less than 100 feet in depth. In those cases,
the property owner can choose which street will be considered the
Front Yard.
SIDE YARD
A yard extending from the rear line of the required front
yard to the rear lot line, or in the absence of any clearly defined
rear lot line to the point on the lot farthest from the intersection
of the lot line involved with the public street. Width of a required
side yard shall be measured in such a manner that the yard established
is a strip of the minimum width required by district regulations with
its inner edge parallel with the side lot line.
REAR YARD
A yard extending across the rear of the lot between inner
side yard lines. In the case of through lots and corner lots, there
will be no rear yards, but only front and side yards. Depth of required
rear yard shall be measured in such manner that the yard established
is a strip of the minimum width required by district regulations with
its inner edge parallel with the rear lot line.
Required yard abutting public streets to be measured in the
following manner. A straight line shall be drawn between two points
at which lot lines intersect street lines on any face of the lot.
Where property corners are rounded, such points shall be plotted by
projecting lot lines to the point where they would have met the street
line without rounding. Depth of required yards abutting public streets
shall be measured perpendicular to such straight lines, and the inner
line of such required yards shall be parallel to the outer line so
established.
In any such required yard abutting a public street, no fence,
wall, or hedge shall be permitted which materially impedes visibility
across such yard between a height of 24 inches and eight feet.
[Ord. No. 2001-02]
Where uncertainty exists as to the boundaries of districts as
shown on the Official Zoning Map, the following rules shall apply.
a.
Boundaries
indicated, as approximately following the centerlines of streets,
highways, or alleys shall be construed to follow the centerlines.
b.
Boundaries
indicated, as approximately following platted lot lines shall be construed
as following such lot lines.
c.
Boundaries
indicated as following ocean shorelines shall be construed to follow
such shorelines, and in the event of change in the shoreline, shall
be construed as moving with the actual shoreline; boundaries indicated
as following shorelines other than along ocean shall be construed
to follow the exterior pier headline established by the Bureau of
Navigation of the State of New Jersey.
d.
Boundaries
indicated as parallel to or extensions of features indicated in paragraphs
a through c above shall be so construed. Distances not specifically
indicated on the Official Zoning Map shall be determined by the scale
of the map.
e.
Where
physical or cultural features existing on the ground are at variance
with those shown on the Official Zoning Map, or in other circumstances
not covered by paragraphs a through d above, the Board of Adjustment
shall interpret the district boundaries.
[Ord. No. 2001-02]
The regulations set by this chapter within each district shall
be minimum regulations and shall apply uniformly to each class or
kind of structure or land, and particularly, except as hereinafter
provided:
a.
No building,
structure or land shall hereafter be used or occupied, and no building
or structure or part thereof shall hereafter be erected, constructed,
reconstructed, moved, or structurally altered unless in conformity
with all of the regulations herein specified for the district in which
it is located.
b.
No building
or other structure shall hereafter be erected or altered:
1.
To exceed
the height;
2.
To accommodate
or house a greater number of families;
3.
To occupy
a greater percentage of lot area;
4.
To have
narrower or smaller rear yards, front yards, side yards, or other
open spaces; than herein required; or in any other manner contrary
to the provisions of this chapter.
c.
No part
of a yard, or other open space, or off-street parking or loading space
required about or in connection with any building for the purpose
of complying with this chapter, shall be included as part of a yard,
open space, or off-street parking or loading space similarly required
for any other building.
d.
No yard
or lot existing on July 16, 1966, shall be reduced in dimension or
area below the minimum requirements set forth herein. Yards or lots
created after July 16, 1966, shall meet at least the minimum requirements
established by this chapter.
e.
All territory
which may hereafter be annexed to the Borough shall be considered
to be zoned in the same manner as the contiguous territory inside
previous Borough limits until otherwise classified.
[Ord. No. 2001-02]
Within the districts established by this chapter or amendments
that may later be adopted there exist lots, structures, and uses of
land and structures which were lawful before this chapter was passed
or amended, but which would be prohibited, regulated, or restricted
under the terms of this chapter or future amendment.
It is the intent of this chapter to permit these nonconformities
to continue until they are removed, but not to encourage their survival.
Such uses are declared by this chapter to be incompatible with permitted
uses in the districts involved. It is further the intent of this chapter
that nonconformities shall not be enlarged upon, expanded or extended,
not be used as grounds for adding other structures or uses prohibited
elsewhere in the same district.
[Ord. No. 2001-02]
A nonconforming use of a structure, a nonconforming use of land,
or a nonconforming use of a structure and land shall not be extended
or enlarged after July 16, 1966 by attachment of a building or premises
of additional signs intended to be seen from off premises, or by the
addition of other uses of a nature which would be prohibited generally
in the district involved.
[Ord. No. 2001-02]
To avoid undue hardship, nothing in this chapter shall be deemed
to require a change in the plans, construction, or designation use
of any building on which actual construction was lawfully begun prior
to July 16, 1966, or date of amendment of this chapter and upon which
actual building construction has been diligently carried on. Actual
construction is hereby defined to include the placing of construction
materials in permanent position and fastened in a permanent manner;
except that where demolition or removal of an existing building has
been substantially begun preparatory to rebuilding, such demolition
or removal shall be deemed to be actual construction, provided that
work shall be diligently carried on until completion of the building
involved.
[Ord. No. 2001-02]
In any district in which single-family dwellings are permitted,
notwithstanding limitations imposed by other provisions of this chapter,
a single-family dwelling and customary accessory buildings may be
erected on any single lot of record on July 16, 1966, or date of amendment
of this chapter. Such lot must be in separate ownership and not of
continuous frontage with other lots in the same ownership. This provision
shall apply even though such lot fails to meet the requirements for
area or width, or both, that are generally applicable in the district,
provided that yard dimensions and other requirements not involving
area or width, or both, of the lot shall conform to the regulations
for the district in which such lot is located. Variance of area, width,
and yard requirements shall be obtained only through action of the
Board of Adjustment.
[Ord. No. 2001-02]
If two or more lots or combinations of lots and portions of
lots with continuous frontage in single ownership are of record on
July 16, 1966 or date of amendment of this chapter, and if all or
part of the lots do not meet the requirements for lot width and area
as established by this chapter, the lands involved shall be considered
to be an undivided parcel for the purposes of this chapter, and no
portion of the parcel shall be used or sold which does not meet lot
width and area requirements established by this chapter, nor shall
any division of the parcel be made which leaves remaining any lot
with width or area below the requirements stated in this chapter.
[Ord. No. 2001-02]
Where, on July 16, 1966, or date of amendment of this chapter,
lawful use of land exists that is made no longer permissible under
the terms of this chapter as enacted or amended, such use may be contained
so long as it remains otherwise lawful, subject to the following provisions.
a.
No such
nonconforming use shall be enlarged or increased, nor extended to
occupy a greater area of land that was occupied on July 16, 1966,
or the date of amendment of this chapter;
b.
No such
nonconforming use shall be moved in whole or in part to any other
portion of the lot or parcel occupied by such use on July 16, 1966,
or date of amendment of this chapter;
c.
If any
such nonconforming use of land ceases for any reason for a period
of more than 12 months, any subsequent use of such land shall conform
to the regulations specified by this chapter for the district in which
the land is located.
[Ord. No. 2001-02]
Where a lawful structure exists on July 16, 1966 or the date
of amendment of this chapter that could not be built under the terms
of this chapter by reason of restrictions on area, lot coverage, height,
yards, or other characteristics of the structure or its location on
the lot, such structure may be continued so long as it remains otherwise
lawful, subject to the following provisions:
a.
No such
structure may be enlarged or altered in a way which increases its
nonconformity;
b.
Should
the structure be destroyed by an act of God, or a natural disaster,
it may be rebuilt to the extent it existed prior to its destruction,
otherwise, it shall not be reconstructed except in conformity with
the provisions of this chapter; subject, however, to the further provision
that any such structure must be so reconstructed within one year from
the date of its destruction. If a nonconforming structure is demolished
purposely then any replacement structure shall conform to all current
zoning ordinances.
c.
Should
the structure be moved for any reason for any distance whatsoever,
it shall thereafter conform to the regulations for the district in
which it is located after it is moved.
[Ord. No. 2001-02]
If a lawful use of a structure, or of structure and premises
in combination, existed on July 16, 1966, or on the date of amendment
of this chapter, that would not be allowed in the district under the
terms of this chapter, the lawful use may be continued so long as
it remains otherwise lawful, subject to the following provisions:
a.
No existing
structure devoted to a use not permitted by this chapter in the district
in which it is located shall be enlarged, extended, constructed, reconstructed,
moved or structurally altered except in changing the use of the structure
to a use permitted in the district in which it is located;
b.
Any nonconforming
use may be extended throughout any parts of a building which were
manifestly arranged or designed for such use on July 16, 1966, or
of amendment of this chapter, but no such use shall be extended to
occupy any land outside such building;
c.
If no
structural alterations are made, any nonconforming use of a structure,
or structure and premises, may be changed to another nonconforming
use provided that the Board of Adjustment, either by general rule
or by making findings in the specific case, shall find that the proposed
use is equally appropriate or more appropriate conditions and safeguards
in accord with the provisions of this chapter;
d.
Any structure,
or structure and land combination, in or on which a nonconforming
use is superseded by permitted use, shall thereafter conform to the
regulations for the district in which such structure is located, and
the nonconforming use may not thereafter be resumed;
e.
When a
nonconforming use of a structure, or structure and premises in combination,
is discontinued or abandoned for 12 consecutive months or 24 months
during any three-year period, the structure, or structure and premises
in combination, shall not thereafter be used except in conformance
with the regulations of the district in which it was located;
f.
Where
nonconforming use applies to a structure and premises in combination,
removal or destruction of the structure shall eliminate the nonconforming
status of the land.
[Ord. No. 2001-02]
On any building devoted in whole or in part to any nonconforming
use, work may be done in any period of 12 consecutive months on ordinary
repairs, or on repair or replacement of nonbearing walls, fixtures,
wiring, or plumbing, provided that the cubic content of the building
as it existed on July 16, 1966 or amendment of this chapter, shall
not be increased.
Nothing in this chapter shall be deemed to prevent the strengthening
or restoring to a safe condition of any building or part thereof declared
to be unsafe by any official charged with protecting the public safety,
upon order of such official.
[Ord. No. 2001-02]
Any use for which a special exception is permitted as provided
in this chapter shall not be deemed a nonconforming use but shall
without further action be deemed a conforming use in such district.
[Ord. No. 2017-25]
For the purpose of this chapter, the Borough of Harvey Cedars
is hereby divided into the following districts:
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Symbol
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Name
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|---|---|
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R-A
|
Single-Family, Residential District
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R-AA
|
Single-Family, Residential District
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GB
|
General Business District
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LC
|
Limited Commercial District
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MC
|
Marine Commercial District
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RS
|
Residential Boat Slip District
|
[Ord. No. 2001-02]
a.
Except
as previously or hereinafter provided, it shall be unlawful to locate,
relocate, erect, construct, reconstruct, enlarge or structurally alter
any building or structure except in conformity with the regulations
of the district in which such building or structure is located.
b.
Except
as previously or hereinafter provided, it shall be unlawful to use
any land or building for any purpose other than is permitted in the
district in which such land or building is located.
[Ord. No. 2007-13; Ord. No. 2014-14; Ord.
No. 2016-12]
a.
No building
or structure shall be built or enlarged to exceed three stories from
grade.
b.
No building
or structure may exceed two stories of habitable areas, excluding
an entry foyer and stairway not exceeding 100 square feet in area.
c.
No building
or structure shall exceed a maximum sloped-roof height of 32 feet.
When existing setbacks do not meet or exceed the required setbacks
of the district, the height shall not exceed 30 feet. A flat-roofed
building with a pitch less than one in 12, or other structure, shall
not exceed 28 feet. Deck railings shall not exceed 31 feet in height.
d.
No building
or structure on a lot with 30 feet or less of frontage shall be built
or enlarged to exceed 24 feet in height. Lots exceeding 30 feet in
frontage may exceed the twenty-four-foot height limit at a rate of
one additional foot for every two feet of additional lot width. In
the case of cul-de-sac lots, the frontage shall be measured at the
front setback line.
[Ord. No. 2017-27; Ord. No. 2018-04]
a.
Lot coverage
in the R-A, R-AA, GB and LC districts shall not be greater than 33%.
Lot coverage by building footprint area exclusive of decks or open
Porches shall not exceed 29%.
b.
The ratio
of the area of habitable areas to the upland lot area shall not exceed
50%.
c.
The ratio
of the impervious coverage area to the upland lot area shall not exceed
75%. For oceanfront lots, the 75% calculation shall be made only on
that area of the lot lying generally westward of the oceanfront building
line. For the purposes of calculating impervious lot coverage, no
portion of the lot which is mapped as wetlands, vehicular easements
and no portion which is riparian shall be included in the calculation
of determining permissible impervious lot coverage.
d.
The ratio
of the sum of the building footprint area and the areas of a swimming
pool taken with adjacent at-grade walkways (timber or other material)
and patios within three feet of the pool to the upland lot area shall
not exceed 43%.
[Ord. No. 2001-02; Ord. No. 2011-14; amended 2-1-2023 by Ord. No. 2023-01]
a.
No building
or structure shall be erected on a lot of less than 5,000 square feet
and having a frontage of less than 50 feet upon a dedicated or approved
street, road, or public or private way not less than 50 feet wide,
except that in that portion thereof lying southeastwardly of Long
Beach Boulevard and between the southerly boundary line of the Borough
and Cumberland Avenue, a building may be erected on a lot fronting
on a private way not less than 25 feet wide provided that the lot
is at least 6,000 square feet in area and has a frontage on the private
way of at least 60 feet and has a front yard setback of at least 15
feet.
b.
Each lot
must front upon an approved street at least 50 feet in width, except
lots fronting the “beach-dune protective facility” as
shown on the map entitled “Ocean Front Building Line and Bulkhead
Line for the Borough of Harvey Cedars” prepared by Thomas J.
Taylor Associates, Borough Engineers, dated March 5, 1965 and on file
in the office of the Borough Clerk or any revision thereof. Such lot
may front the facility provided an easement, right-of-way, or a portion
of the lot is provided giving access from the lot to a street or an
existing easement at least 25 feet wide. The easement, right-of-way,
or portion of the lot shall not exceed 150 feet in length, shall extend
the entire length of any lot to which it gives access, shall be at
least 20 feet in width along its entire length, and shall be maintained
in such a manner as to provide vehicular access to the lot and so
as not to be a blighting or deteriorating influence on neighboring
property. No building or structure, whether principal or accessory,
shall be closer than eight feet to the easement line.
c.
A Lot
May Also Front on Barnegat Bay. Lots fronting on Barnegat Bay shall
have access to a street at least 50 feet wide by way of an easement
or right-of-way at least 15 feet wide. Said easement shall extend
the entire length of any lot to which it gives access, and shall not
give access to more than one lot, and shall be maintained in such
a manner so as to provide vehicular access to the lot, and so as not
to be a blighting or deteriorating influence on neighboring property.
No building or structure, principal or accessory, shall be closer
than three feet to the easement line.
d.
Every
lot created pursuant to this subsection shall have a minimum area
of 5,000 square feet. In computation of such area, no portion of a
street or easement shall be included. The area of a lot designated
as a drainage or utility easement may be used towards lot coverage
and habitable area calculations, provided the easement is not also
an access easement.
e.
Any private
easement established for the purpose of ingress and egress for the
benefit of properties on that easement shall be maintained by the
owners thereof in such a manner as to be level, unobstructed, free
of depressions, potholes and the like. They shall be of a material
so as to ensure that any emergency vehicles, such as, but not limited
to, fire, police and first aid, may obtain uninhibited access through
said easement and further shall ensure that said emergency vehicles
will not be damaged thereby and emergency personnel and/or occupants
are not injured thereby.
Easements developed for the purpose of ingress and egress shall remain clear and unobstructed by trees, hedges, bushes, branches or any other growth for a minimum of 15 feet wide and unlimited height clearance so as to ensure that any emergency vehicle may obtain uninhibited access, nor shall they have any other material obstructions such as but not limited to stone walls, landscaping devices, fences, buildings or other materials on or within the easement area. See Subsection 13-15.4c regarding trash rack placement for easements. Temporary structures of any kind shall not be permitted on or within the easement area.
[Ord. No. 2001-02]
All area and yard requirements are based on the district in
which the lot lies.
[Ord. No. 2001-02]
No open space provided around any building for the purpose of
complying with the provisions of this chapter shall be considered
as providing open space for any other building.
[Ord. No. 2001-02]
An accessory building shall be subject to the following requirements:
a.
All accessory
buildings must meet the area and yard requirements of the district.
b.
They shall
not be located in any required front yard space.
c.
Such buildings
shall not exceed one story or 15 feet in height.
d.
The minimum
distance of any accessory building from an adjoining building shall
be five feet.
e.
Accessory
buildings may be erected as a part of the principal building provided
that all yard requirements of this chapter for the principal building
are complied with.
[Ord. No. 2001-02]
There shall be an open, unoccupied space between the shoreline
at mean high water and a line drawn parallel thereto of not less than
15 feet with the exception of any structure or portion of a structure
less than 12 inches above the general ground level.
[Ord. No. 2001-02]
All lots adjacent to the beach-dune protective facility as shown
on the map entitled “Ocean Front Building Line and Bulkhead
Line for the Borough of Harvey Cedars” prepared by Thomas J.
Taylor Associates, Borough Engineers, dated March 5, 1965, and on
file in the office of the Borough Clerk, or any revision thereof.
Any residential structure built on one of these lots shall have the
bottom of the first-floor joist at a minimum elevation of 16 feet
above mean sea level or three feet above the center line elevation
of the existing street grade, whichever is higher.
[Ord. No. 2001-02]
There shall be a minimum setback in all zones of eight feet
from the delineated wetlands line for all structures or buildings.
[Ord. No. 2001-02]
Wherever outdoor lighting or illumination of any type is to
be used to illuminate any structure or use, application shall first
be made to the Zoning Officer for a permit. In determining whether
or not to permit the lighting or illumination, the Zoning Officer
shall give due consideration to the following factors:
[Ord. No. 2007-13]
There shall not be more than one principal structure or dwelling
on any lot of record.
[Ord. No. 2016-12]
Habitable areas shall be constructed in accordance with applicable
FEMA Flood Zone Regulations. However, entry foyers and stairways may
be constructed below the mapped flood plain elevation up to a maximum
of 100 square feet in area.
[Ord. No. 2021-20]
a.
Permit
Required. Before any work of the type described in this section may
begin, a bulkhead permit must be obtained. Plans and specifications
showing compliance with the bulkhead design standards shall be provided.
Work in progress shall be subject to inspection by the Code Enforcement
Officer to assure compliance.
b.
All new
bulkheads shall be constructed in accordance with all applicable Borough
and State statutes and amendments. The top of all bayside and lagoon
bulkheads shall have a minimum elevation of five feet Mean Sea Level
NAVD 1988.
[Ord. No. 2002-14; Ord. No. 2014-01]
The following exceptions to the height limit are permitted:
a.
Roof structures
for the housing of stairways, tanks, ventilating fans, air conditioning
equipment, or similar equipment required to operate and maintain the
building, and fire or parapet walls, towers and steeples, are permitted
only on commercial structures which are located in the Limited Commercial
District, General Business District and Marine Commercial District.
b.
Existing
ocean front dwellings directly fronting the Atlantic Ocean beach front
may, under the following circumstances, exceed the current height
limitations. Those circumstances are:
1.
The dwellings were constructed and occupied prior to the effective date of this Subsection b of this section of the Zoning Ordinance.
2.
The first-floor
habitable living area has a finished floor elevation lower than 23.
3.
The dwelling
owner may then apply to raise the dwelling so that the existing first
floor habitable living area does not exceed elevation 23.
4.
This
exception shall only apply to the existing homes hereinabove described
and shall not apply to current structures where demolition is planned
or proposed. It also shall not apply or allow a dwelling owner to
add another level to the current structure but is restricted to raising
the current structure as above described. Additions to the raised
structure will be permitted provided they meet all zoning ordinance
requirements including maximum building height as specified in Subsection13-8.1c
below.
c.
New ocean
front dwellings fronting the Atlantic Ocean beach front:
1.
The first
floor living area shall be set at a maximum elevation of 23 feet,
1988 NAVD.
2.
The height
above the new first floor elevation shall not exceed 23 feet. A flat-roofed
building with a pitch less than one in 12 shall not exceed 20 feet.
3.
Deck
railings shall not exceed 23 feet in height above the first-floor
elevation.
[Ord. No. 2004-21]
If a structure is to be located on a corner lot with an area of 6,000 square feet or less it shall be permitted to have one front yard setback of 20 feet and one front yard setback of 10 feet at the property owners choice, provided that the location of the structure does not encroach on the site triangle as set forth in Subsection 13-15.3 herein. The front yard setback of 20 feet may be decreased to 15 feet for the construction of decks or open porches (see definitions).
[Ord. No. 2010-22]
The following shall be exempt from setback requirements in all
zones:
[Ord. No. 2011-14]
a.
Construction
of landings and stairs in connection with a house being raised to
above the base flood elevation (BFE) level shall be allowed an additional
60 square feet for reconfigured entry and stairs and shall not be
considered building coverage.
b.
Construction of landings and stairs in connection with houses being raised as defined in Subsection 13-8.1b above shall be allowed an additional 200 square feet for reconfigured entry and stairs and shall not be considered in building coverage. In addition, reconfigurement of entry stairs and landings may encroach into front, side and rear yard setbacks.
c.
House raises defined in Subsection 13-8.1b shall be permitted to maintain existing non-conforming setbacks.
d.
All house
raised under this section shall be subject to a review and approval
by the Borough Engineer.
[Ord. No. 2001-02]
The following regulations shall apply to all R-A Districts.
[Ord. No. 2001-02]
a.
Dwelling,
single-family;
b.
Churches
and other places of worship, and Sunday School buildings and parish
houses;
c.
Public,
parochial and private schools;
d.
Public
museums and libraries;
e.
Public
utilities structures;
f.
Model
homes maintained in connection with real estate developments will
be permitted at the discretion of the Planning Board.
[Ord. No. 2016-12]
Model homes, if permitted at the discretion of the Planning
Board, shall be occupied by no more than the owner and one person
employed in such office.
[Ord. No. 2016-12]
"Home Occupation" shall mean a business, profession, occupation
or trade conducted for gain or support entirely within a residential
building which is incidental and secondary to the use of such building
for dwelling purposes and which does not change the essential residential
character of such buildings. A home occupation shall further be defined
as an accessory use.
a.
Home occupations
shall be conducted only by members of a family residing in a dwelling
unit plus not more than one person not a resident of the dwelling
unit, and conducted entirely within the dwelling or accessory building.
b.
All vehicles
used in connection with home occupations shall be of a size, and be
located on the premises in such a manner, so as to not disrupt the
quiet nature and visual quality of the neighborhood.
c.
Private
garages may be used provided that no more than two commercial vehicles,
not exceeding two tons each, shall be parked or stored inside.
d.
The use
of the property for the home occupation shall be clearly incidental
and subordinate to its use for residential purposes by its occupants,
and not more than 400 square feet shall be used for the purpose of
a home occupation.
e.
Two off-street
parking spaces are required in addition to the two required for residential
parking.
f.
One unlighted
sign of a maximum of four square feet is permitted. A sign permit
is required.
g.
The home
occupation shall not generate the business or care of more than two
clients at any one time and shall be by appointment only.
h.
No home
occupation shall:
1.
Store
material outdoors so as to disrupt the quiet nature and visual quality
of the neighborhood.
2.
Cause
a nuisance to the neighborhood for reason of noise, odor, congestion,
traffic, vibration, electrical or other interference and other causes.
3.
Cause
vehicular traffic that will create a nuisance to the neighborhood
or be detrimental to the residential character of the neighborhood.
4.
Offer
for sale or sell articles except such as may be produced by members
of the immediate family residing in the dwelling and others as herein
provided.
5.
Include
the breeding, raising, care, boarding or maintenance of animals.
[Ord. No. 2002-14; Ord. No. 2004-21; Ord.
No. 2010-22; Ord. No. 2016-12]
a.
Every
lot in the R-A District shall have a minimum width of 50 feet.
b.
Every
lot in the R-A District shall have a minimum area of 5,000 square
feet subject to the following requirements:
1.
A front
yard of 20 feet shall be provided.
2.
A rear
yard of 10 feet shall be provided.
3.
Two side
yards, each 10 feet shall be provided.
4.
The front
yard setback of 20 feet may be decreased to 15 feet for the construction
of decks or open porches (see definitions).
5.
The front
yard setback of 20 feet may be decreased to 15 feet for oceanfront
properties.
c.
Where
a structure which does not meet the requirements of this section existed
prior to the effective date thereof, the structure can be altered
or enlarged, provided the nonconformity is not enlarged, and further
provided the alteration or addition does not exceed 50% of the replacement
value of the existing structure.
[Ord. No. 2022-11]
Any uses and buildings not listed above in Subsections 13-9.1 and 13-9.2. Motels, hotels, condominiums, cooperative apartments, garden apartments, Bed and Breakfast establishments, and other multifamily uses and buildings are specifically prohibited. Dual use is prohibited, with the exceptions as established in § 15-3 entitled Site Plan Exemption Committee.
[Ord. No. 2001-02; Ord. No. 2003-11; Ord.
No. 2004-21; Ord. No. 2010-22; Ord. No. 2016-15; amended 2-1-2023 by Ord. No. 2023-01]
There shall be provided at the time of erection or enlargement
of any principal building or structure, minimum off-street parking
space with adequate provision for ingress and egress as follows:
a.
Two exterior
spaces for each dwelling unit.
b.
One space
for each five seats provided in school or church auditoriums or other
places of public assembly.
c.
No driveway
shall exceed 18 feet in width at the street line, clearly designated
by striping, paving, or otherwise delineating the selected 18 feet
of driveway area. Only one driveway shall be permitted for each 50
feet of lot width. Lots exceeding 70 feet at the street line are permitted
either one eighteen-foot driveway or two twelve-foot driveways. Distance
between the two twelve-foot driveways must be a minimum of 20 feet
at the street line for the purpose of maximizing street parking. Properties
fronting on access easements are exempt from driveway delineation
requirements.
|
The provisions of this section shall not apply in the General
Business, Limited Commercial and Marine Commercial Districts.
|
[Ord. No. 2001-02]
Every new single-family building shall have a minimum first
floor area of 720 square feet exclusive of porches.
[Ord. No. 2001-02]
All regulations applicable to R-A Residential Districts shall
be applicable to the R-AA Single-Family Residential District except
that area and yard requirements shall be revised as follows.
[Ord. No. 2001-02; Ord. No. 2010-22]
Some of the area within this district is still unsubdivided
and unimproved acreage. It is the intention of the section to maintain
a low-density area ratio and at the same time afford the owners thereof
flexibility in the development of this district.
b.
The lots
on each subdivision in the R-AA District shall have a minimum area
of 7,500 square feet exclusive of streets and water areas, subject
to the following minimum requirements:
c.
Existing
lots within the R-AA District on July 16, 1966, shall be deemed to
conform with the area provisions herein notwithstanding they have
an average area of less than 7,500 square feet provided the same comply
with the minimum requirements set forth in paragraph b above.
d.
Where
a structure which does not meet the requirements of this section existed
prior to the effective date thereof, the structure can be altered
or enlarged, provided the nonconformity is not enlarged, and further
provided the alteration or addition does not exceed 50% of the replacement
value of the existing structure.
[Ord. No. 2001-02]
Any uses and buildings not permitted in the R-A District are
also prohibited in the R-AA District.
[Ord. No. 2001-02]
The following regulations shall apply to all GB Districts.
[Ord. No. 2001-02]
a.
All uses
permitted in the R-A District.
b.
Any retail
shopping facility or service establishment which supplies commodities
or performs a service primarily for residents of the community, such
as grocery store, delicatessen, meat market, drug store, variety store,
antique and gift shop, furniture store, bakery shop, restaurant, luncheonette,
tavern, package liquor store, barber shop, beauty parlor, clothes
cleaning and laundry pickup establishment, bank, real estate office,
business or professional office.
c.
Gasoline
or oil stations, automobile service stations and public garages may
be permitted provided the following standards and conditions are complied
with:
1.
A set
of plans, specifications and plot plans shall be submitted to the
appropriate approving authority together with an application for a
conditional use permit in accordance with the provisions of the Borough
Land Use Procedure Ordinance and the Municipal Land Use Law, R.S.
40-55D-1 et seq., as amended and supplemented. Said plans and specifications
shall show all structures, pumps, storage tanks, parking areas and
driveways for ingress and egress.
2.
All
pumps shall be located outside of buildings and on private property
and in no case, within 20 feet of any street line, and subject to
such conditions and safeguards as the Board of Adjustment may impose
with respect to, among other matters, the location and adequacy of
entrances and exits.
3.
All
automobile parts, dismantled vehicles and similar articles are stored
within a building; all fuel oil or similar substances are stored at
least 35 feet from any street or lot line.
4.
In no
event shall a permit be granted for such a use located within 200
feet of a school, hospital, infirmary, church, museum, public library
or institution, or theater, club or place of public assembly having
a capacity of over 100 persons.
5.
Furthermore,
the granting of such a permit shall not be detrimental to the health,
safety and general welfare of the community, and shall be reasonably
necessary for the convenience of the community in the judgment of
the Board of Adjustment.
6.
The
appropriate approving authority shall grant or deny the application
for a conditional use permit in accordance with the provision of this
chapter, the Borough Land Use Procedure Ordinance and the Municipal
Land Use Law, R.S. 40-55D-1 et seq.
[Ord. No. 2001-02]
a.
The minimum
width of a business lot in the GB District shall be determined by
the off-street parking and loading provisions of this section.
b.
The minimum
area of a business lot in the GB District shall be determined by the
off-street parking and loading provisions of this section and be subject
to the following requirements:
c.
Every
lot used for residential purposes or other uses permitted in the R-A
District, or uses partly for residence and partly for business purposes,
shall conform to the area and yard requirements of the R-A District.
d.
An attached
group of stores may be considered as one building in applying the
above yard space requirements.
[Ord. No. 2001-02; Ord. No. 2021-07]
a.
Carousels,
roller coasters, merry-go-rounds, Ferris wheels or other mechanical
rides, pony tracks, miniature golf course, golf driving ranges, wild
animal exhibits, trampolines and similar jumping or bounding devices
and amusement centers in general.
b.
Any type
of business using jukeboxes, record players with external speakers,
or other noise making devices designed to attract attention to the
business being conducted within the premises.
c.
Any business
using sidewalk displays.
d.
Any process
of assembly and/or manufacture using power in excess of 25 horsepower
or constituting a nuisance by reason of odor, smoke and noise.
e.
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.
[Ord. No. 2013-03; Ord. No. 2014-08; Ord.
No. 2018-07]
a.
For residential
and other R-A uses – same as R-A District.
b.
For other
permitted uses:
1.
Retail
Business Use and Personal Service Establishments:
(a)
One off-street parking space for each 200 square feet of gross floor
area.
6.
Business
and Professional Offices, Banks and Fiduciary Institutions:
(a)
One off-street parking space for each 200 square feet of gross floor
area.
7.
Employee
Parking:
(a)
In addition to the above off-street parking requirements, one off-street
parking space shall be provided for each person now employed or expected
to be employed in the business.
(b)
This requirement shall not apply under the following conditions:
(1)
An operating restaurant that has an established and approved employee
parking space or spaces may add that number of parking spaces to their
total customer required spaces and increase their seating accordingly
if they establish and file a plan to have their employees park upon
a Borough approved parking area. The plan must be filed annually by
May 1st of each year with the Zoning Department and the restaurant
shall supply one windshield placard for each employee. It will be
the restaurant’s responsibility to transport the employees to
and from their vehicles. If it is determined that the restaurant is
in violation of this requirement they will lose the benefit of said
seats.
(2)
Compliance will be monitored from Memorial Day through Labor Day.
(3)
Any change in location of seating must be approved by the Land Use
Board.
8.
The
off-street parking area may be located on the same lot as the business
building or within a distance of not more than 200 feet therefrom;
providing said lot is within the general business district. Leasing
of off-street parking is permitted for the exclusive use of the lessee
and shall cease upon termination of lease.
c.
Violations
and Penalties.
1.
Subsections 13-11.5b5 through 8 are the result of the Borough attempting to allow restaurants to create additional seating by taking advantage of off-street parking for employees and by allowing additional off-street parking off-site under certain conditions. The Borough has assumed additional enforcement duties that are time consuming, labor intensive and are mainly effective on weekends and holidays. For these reasons the Borough requests the consideration of minimum fines.
2.
Any person, corporation or business entity operating a restaurant as provided in Subsections 13-11.5b5 through 8 that violates or fails to comply with these sections or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a minimum fine of $500 for the first offense. Each day for which a violation of this section occurs after the first offense shall be considered a separate offense. Any subsequent offense conviction shall be punishable by a minimum fine of $750 for on to five seats over the permitted limit, $1,000 for six to 10 seats over the permitted limit, and $1,250 for 11 or more seats over the permitted limit.
[Ord. No. 2001-02]
The minimum floor area shall be the same as in the R-A District.
[Ord. No. 2001-02]
Each business use shall provide off-street loading space at
the rear of the building at the rate of one space (10 feet by 25 feet)
with adequate ingress and egress for each 5,000 square feet of floor
area or fraction thereof in each building.
[Ord. No. 2001-02]
The following regulations shall apply to all MC Districts.
[Ord. No. 2001-02; Ord. No. 2007-14]
a.
All uses
permitted in the R-A District subject to the regulations set forth
therein.
b.
Marine
services primarily designated to meet the needs of the residents of
this community, such as:
1.
Dockage,
minor boat repairs, and marine gasoline pumps on docks or bulkheads.
In the event dockage facilities are provided, on-shore rest room facilities
must be available at all times for use by boat owners and their guests.
2.
Boat
sales, provided, however, that the same are limited to the sale of
boats not exceeding 21 feet in length.
3.
Marine
engine sales and repairs.
4.
Marine
supplies and equipment sales.
5.
Bait
and tackle sales.
6.
Outside
storage of boats in conjunction with marine operations provided, however,
that the storage shall be limited to boats not exceeding 25 feet in
length and subject, nevertheless, to further provisions of this section.
7.
Any
accessory uses and structures customarily associated with a permitted
use or structure and clearly incidental to the principal use or structure
permitted on the lot.
8.
Sailing
schools, including the sale and rental of sailboats.
c.
Haberdashery
and apparel stores.
d.
Antique
and gift shops.
e.
Hardware
and household supply stores.
f.
Barber
and beauty shops.
g.
Business
and professional offices including banks and real estate offices.
[Ord. No. 2001-02; Ord. No. 2010-22]
[Ord. No. 2001-02]
a.
No gasoline
pump, gasoline storage tank nor any structure used for storing any
fuel or oil shall be situated nearer than 100 feet to adjacent residential
districts.
b.
Commercial
boat launching ramps designed primarily for the launching of transient
boats for a fee are prohibited.
c.
The use
of marine toilet facilities or the discharge of waste from boats of
any type is specifically prohibited in waters within the jurisdiction
of the Borough.
[Ord. No. 2001-02]
At least 1 l/2 spaces for each boat slip excluding space used
for staging areas for boats, lifts or gasoline pumps shall be provided.
[Ord. No. 2001-02]
It is recognized that the area encompassed by this district
is suitable for commercial development by virtue of its existing development
characteristics predominantly commercial. The high density of population
in this section of the community and the frontage of the district
on Long Beach Boulevard further contribute to its suitability for
commercial development. However, it is also recognized that the land
immediately to the east of that fronting the boulevard is ideal for
residential development due to its proximity to the ocean and, for
the same reason, there is considerable pedestrian traffic moving to
and from the beach along the streets lying east of the boulevard.
This district is being created in order to permit commercial uses
to develop fronting the boulevard but not to encourage them to generate
traffic along the streets leading to the ocean, which will pose a
potential danger to pedestrian traffic and which could devalue residential
properties lying east of this district.
[Ord. No. 2001-02]
[Ord. No. 2001-02]
a.
The minimum width of a lot used for a use permitted under Subsection 13-13.2 above shall be determined by the off-street parking and loading provisions of this section.
[Ord. No. 2001-02]
The off-street parking requirements shall be the same as required in Subsection 13-11.5 subject to the following conditions:
[Ord. No. 2001-02]
The off-street loading requirements shall be the same as required under Subsection 13-11.7.
[Ord. No. 2001-02; Ord. No. 2018-12]
No signs, billboards, advertising structures or similar items
are permitted, except as follows:
a.
One lighted
professional office announcement sign not over two square feet in
area for each office use.
b.
One unlighted
home occupation announcement sign not over two square feet in area
for each dwelling conducting a home occupation.
c.
One lighted
sign not to exceed 20 square feet in area at each driveway to a church,
public museum or similar use plus signs not to exceed four square
feet in area necessary to provide direction to a specific building
or to off-street parking areas. Such sign cannot be in any right-of-way
or sight triangle.
d.
During
the construction, repair or remodeling of a single building, one sign
may be maintained on the construction site by each of the contractors
and subcontractors working thereon, provided each sign does not exceed
six square feet, and further provided that all signs are removed prior
to the issuance of a certificate of occupancy or within 48 hours of
termination of the work or construction as determined by the Building
Inspector or Code Enforcement Officer.
e.
Directional
signs are permitted for churches, boat yards and marinas, and public
buildings where the foregoing are permitted uses, provided, however,
that:
f.
Signs
advertising a garage sale are permitted provided the following:
1.
A garage
sale permit has been obtained.
2.
The
placement of one sign on the property where the sale is to be held
and a maximum of two signs to serve as directional aids located remotely.
3.
Signs
must be placed in public right-of-way only and shall not block any
sight triangles and shall not be placed on pavement or attached to
utility poles, trees, stumps, signposts or any other type of permanent
structure.
4.
Signs
are not permitted on private property without the property owner’s
permission.
5.
Signs
shall not be over four square feet in size and no more than 20 inches
from the ground.
6.
No lighted
signs and no attachments to the signs such as, but not limited to,
balloons, ribbons, streamers or banners.
7.
Signs
may be displayed on the property of the sale up to five days prior
to the sale and must be removed immediately after the event. Signs
posted remotely may only be posted on the day of the sale and must
be removed the same day the sale is concluded.
[Ord. No. 2001-02]
b.
In places
of business, two of the following three types and locations of signage
may be chosen:
1.
A sign
not exceeding 32 square feet in area may be erected as accessory to
the business on the lot, provided the same is placed on the same lot,
or extended from the building wherein the business to be advertised
is located.
2.
The
proprietor of a business may maintain on the exterior wall of the
building wherein the business is to be conducted, one sign not exceeding
32 square feet in area.
3.
In addition
to such signs, lettering having a maximum height of 12 inches and
limited to the name of the business and a “one word” description
may be maintained on the exterior wall of the building wherein the
business is to be conducted.
c.
These
signs may be lighted during hours of operation.
d.
Prior
to erecting any sign provided for in this subsection, a permit therefore
shall be obtained from the Zoning Officer.
[Ord. No. 2001-02; Ord. No. 2018-12]
a.
No advertisement,
advertising structure, billboard, building structure or other object
shall be erected, used or maintained which in any way simulates official,
directional or warning signs erected or maintained by the State of
New Jersey, by any county or municipality thereof, or by any public
utility or similar agency concerned with the protection of the public
health or safety.
b.
Lighted
signs, where permitted, exclude neon, LED or flashing signs.
c.
The following
advertisements are specifically prohibited:
Any advertisement which uses a series of two or more signs placed
in a line parallel to the highway or in similar fashion all carrying
a single advertising message, part of which is contained in each sign.
[Ord. No. 2011-02]
[Ord. No. 2018-12]
a.
One unlighted
on-site sign not over four square feet in size, advertising a dwelling
or building located on the property for sale or rent, provided the
same is in compliance with all side yard requirements of this chapter,
is erected and set back a minimum of 10 feet from the street line
and the bottom of said sign is no more than 20 inches from the ground.
b.
No more
than one sign advertising vacant land for sale or rent, not exceeding
four square feet in area, may be placed on the property to be rented
or sold. In the case of housing development projects, as a part of
the Planning Board application, the developer may receive permission
to maintain on his tract not more than two signs, limited to advertising
his development, with the total area of each sign not exceeding 32
square feet. Such permit shall be issued by the Zoning Officer at
the current rate for sign permits.
c.
A maximum
of two directional “Open House” signs, are permitted provided
the following:
1.
The
placement of two signs shall serve as directional aids located remotely
from each other.
2.
Signs
must be placed in public right-of-way only and shall not block any
sight triangles and shall not be placed on pavement or attached to
utility poles, trees, stumps, signposts or any other type of permanent
structure.
3.
Signs
are not permitted on private property without the property owner’s
written permission.
4.
Signs
shall not be over four square feet in size and no more than 20 inches
from the ground.
5.
No lighted
signs and no attachments to the signs such as, but not limited to,
balloons, ribbons, streamers or banners.
6.
Signs
may only be displayed between the hours of 10:00am and 5:00pm on the
day of the event and must be removed immediately after the event.
7.
The
Code Enforcement Officer or a duly designated representative may cause
any sign which is an immediate peril to persons or property to be
removed. Signs will be held for reclamation at the Borough for a maximum
of 14 days. At the discretion of the Code Enforcement Officer, repeated
offenses by the same agent, agency or salesperson shall be subject
to a removal fee of not more than $50.
[Ord. No. 2004-08; Ord. No. 2010-22; Ord.
No. 2021-15]
b.
A zoning
permit shall be required for the installation of any material which
increases coverage as herein before defined. The zoning permit application
must be accompanied by a calculation of total lot coverage.
[Ord. No. 2005-08; Ord. No. 2014-14; Ord.
No. 2016-12; Ord. No. 2021-20]
a.
No fences
shall be hereafter erected, which exceed 48 inches above the established
grade of the lot and which exceed 70 inches above the center of the
crown of the road. If this provision prevents the construction of
a fence in accordance with the Uniform Construction Code for the enclosure
around pools, then the provisions of the Uniform Construction Code
shall prevail. The post may exceed the fence height limit by not more
than 10%.
Fences abutting commercially used properties may be erected
not to exceed 72 inches.
b.
Any fence
erected, regardless of design or zone, shall have an unrestricted
opening therein of a minimum of 12 feet, which opening shall front
on a street or vehicular easement as defined in this chapter.
c.
A fence
permit is required for new or replacement fences from the zoning office.
d.
Properties fronting Long Beach Boulevard shall comply with the regulations as set forth in Subsection 13-16.2d5 entitled “Properties fronting Long Beach Boulevard”.
e.
Existing lots of record which adjoin filled lots, as per Subsection 24-11.10 entitled “Lot Elevation”, may erect a fence to a height not to exceed that of the adjoining filled lot fence. This shall only apply to fences along the property lines which abut the filled lot, as per Subsection 24-11.10, until such a time that elevations are matched and fences will be lowered to meet the four-foot height requirement.
[Ord. No. 2014-14]
In any district on any corner lot, no fence, sign, or other
structure, planting or other obstruction to vision, higher than 24
inches above the existing grade at the centerline, shall be erected
or maintained within the line connecting points on the two street
lot lines at a distance of 25 feet from the corner. This shall be
known as the sight triangle.
In addition, the area within the right of way of the roadways
adjoining the sight triangle area shall have no obstructions and shall
consist of a level walkable surface, i.e., grass, gravel, maximum
½ inch stone or other level surface. No uneven surfaces will
be permitted.
[Ord. No. 2010-22; Ord. No. 2021-06]
a.
Any improvement
located in the Borough of Harvey Cedars or Ocean County right of way
placed there by a property owner shall be the sole responsibility
of said property owner, and may be removed or relocated by the Borough
or County for improvement or maintenance with no liability to the
Borough or County.
b.
Designated
driveways shall conform to the requirements in Subsection 13-9.5c.
c.
Trash
location and enclosures.
1.
Any
trash enclosure placed in the Borough right of way shall be located
a minimum of five feet from the edge of the pavement.
2.
Trash
enclosures shall not exceed four feet in height, and be no higher
than 18 inches from grade on the pickup side.
3.
Trash
and recycling receptacles on private easements shall be located where
the property owners have a common pickup location, which is acceptable
to all property owners on said easement. In all other events trash
and recycling pickup shall be located on the property owner’s
lot, provided the Borough and or its waste collectors agree that the
location is accessible to its collection vehicles.
d.
No improvement
higher than 12 inches, i.e., landscaping, shall be placed closer than
five feet from the edge of the pavement. Permitted exceptions:
[Ord. No. 2004-08]
Any retaining wall fronting the ocean dunes shall first receive
a permit or letter of “no interest” from the New Jersey
Department of Environmental Protection before a zoning permit can
be obtained.
[Ord. No. 2001-02]
The provision of this chapter shall be administered and enforced
by the zoning office of the Borough. In no case shall a permit be
granted for the construction or alteration of any building where the
proposed construction, alteration or use thereof would be in violation
of any provision of this chapter. It shall be the duty of the Zoning
Officer or his duly authorized assistants to cause any building plans
or premises to be inspected or examined and to order in writing the
remedying of any conditions found to exist in violation of any provision
of this chapter, and he shall have the right to enter any building
or premises during reasonable daylight hours in the course of his
duties.
[Ord. No. 2001-02; Ord. No. 2005-16; Ord.
No. 2010-22; Ord. No. 2014-14; Ord. No. 2018-12; amended 2-1-2023 by Ord. No. 2023-01]
a.
Zoning Permits.
1.
If a
building permit is needed, then a zoning permit is also required.
2.
The
following is a list of fees for permits:
|
(a)
|
Maintenance, sheds, air conditioning platforms and other minor
work
|
$25
|
|
(b)
|
All new structures and relocation of existing structures
|
$250
|
|
(c)
|
Major enlargements or renovations increasing habitable area
by 25% or more
|
$225
|
|
(d)
|
Additions and/or renovations increasing habitable area by 24%
or less
|
$75
|
|
(e)
|
Fence permit (for new or replacement fences)
|
$25
|
|
(f)
|
Resale C/Os (for all new owners) per living unit
|
$50
|
|
(g)
|
Reinspection fee (at the discretion of the Zoning Officer)
|
$25
|
|
(h)
|
Sign permits:
|
|
|
|
Permanent signs (per application)
|
$25
|
|
|
Development signs (as authorized by Planning Board)
|
$50 for two
|
|
(i)
|
Construction trailer permit
|
$25
|
|
(j)
|
Paver/impervious coverage permit
|
$75
|
|
(k)
|
Work approved by Zoning Board or Planning Board variance
|
$25
|
|
(l)
|
Bulkhead permit
|
$50
|
|
(m)
|
Pool and fence permit
|
$100
|
|
(n)
|
Sign removal maximum fee
|
$50
|
|
(o)
|
Driveway permit
|
$25
|
b.
Conditional Use Permits. Applications for conditional uses
as permitted by this chapter shall be made to the appropriate approving
authority in accordance with the provisions of the Borough Land Use
Procedure Ordinance and the Municipal Land Use Law, RS 40:55D-1 et
seq. The approving authority may grant such permit if, in its judgment,
the proposed use will not be detrimental to the health, safety and
general welfare of the Borough and is deemed necessary for its convenience.
In approving any such application, the approving authority may
impose any condition that it deems necessary to accomplish reasonable
compliance with the provisions of intent of this chapter and may deny
any such application, but only if such compliance cannot be achieved.
In approving such applications, the Board of Adjustment may
impose any conditions that it deems necessary to accomplish the reasonable
application of application, but only in accordance with the standards.
In the event that the decision of the Board of Adjustment does
not correspond with the recommendation of the Planning Board, the
question shall be resolved by the Board of Commissioners in accordance
with the procedure outlines in the New Jersey Statutes.
c.
Temporary Use Permits.
1.
It is
recognized that it may be in accordance with the purpose of the chapter
to permit temporary activities for a limited period of time, which
activities may be prohibited by other provisions of this chapter.
If such uses are of such a nature and are so located that at the time
of the petition, they will:
2.
Then
the approving authority may, subject to compliance with all regulations
for the issuance of a conditional use permit, direct the Zoning Officer
to issue a permit for a period not to exceed six months. Such permits
may be extended not more than once for an additional period of six
months.
d.
Certificate of Occupancy.
1.
New
Uses. No building, structure or land shall be occupied or used until
such time as a certificate of occupancy is issued by the building
administrator.
2.
Change
in Use. A new certificate of occupancy shall be obtained, whenever
there occurs a change in the use of a building, structure or land
to assure compliance with this chapter and all other applicable laws,
codes, ordinances and regulations. For the purpose of this section,
the term “change in use” shall be broadly construed.
3.
Transfer
of Ownership. A new certificate of occupancy shall be obtained whenever
there occurs a sale, conveyance, transfer of ownership or change in
occupancy of a building or structure to assure compliance with the
provisions of this chapter and all other applicable laws, codes, ordinances
and regulations.
4.
Requirements.
Prior to issuance of a Certificate of Occupancy for new construction,
major renovation, or the resale of property located within the Borough
of Harvey Cedars, the property owners shall remove and/or relocate
all obstructions, i.e., fences, etc., within the roadway Right-of-Way
and re-grade the area.
5.
Properties Fronting Long Beach Boulevard.
(a)
When new construction or major renovations are undertaken on properties
fronting Long Beach Boulevard, the owner shall install six inches
of road gravel (not fill) in accordance with the Pedestrian Walkway
detail drawing, up to a maximum of 10 feet from the paved portion
of Long Beach Boulevard.
(b)
When new construction, major renovations or the resale of property
are undertaken on properties fronting Long Beach Boulevard, all fences
shall be set back a minimum of two feet from the property line along
Long Beach Boulevard. Further, the area between the edge of pavement
on Long Beach Boulevard and a distance of two feet into the property
shall be maintained as a level surface with no other obstructions
within the area, i.e., no mailboxes, decorative ornaments, landscape
etc. Installation of a walkable surface within this area will be required,
i.e., grass, gravel, maximum ½ inch stone or other level surface.
No uneven surfaces will be permitted.
 |
6.
It shall
be unlawful to use or occupy or to permit the use or occupancy of
any building, structure, land or part thereof until all the certificate
of occupancy requirements of this section are met. No such certificate
shall be issued unless the land, building or structure and use thereof
comply with the provisions of this chapter and all other applicable
laws, codes, ordinances and regulations.
7.
Any
property owner who undertakes new construction or a major renovation
on an Ocean County road must post a $500 cash bond, which shall be
returned upon the issuance of a certificate of occupancy.
8.
Major
renovation is defined as any construction which exceeds 50% of the
replacement value of the structure on the property.
[Ord. No. 2001-02]
It shall be the duty of the Zoning Officer to keep a record
of all permits issued and a record of all certificates of occupancy
which he countersigns, together with a notation of all special conditions
involved. He shall file and safely keep copies of all plans submitted
and the same shall form a part of the records of his office and shall
be available for the use of the Board of Commissioners.
The Zoning Officer shall prepare a monthly report for the Board
of Commissioners summarizing for the period since his last previous
report all zoning permits issued and certificates countersigned by
him and all complaints of violations and the action taken by him consequent
thereon. A copy of each such report shall be filed with the Borough
Tax Assessor at the same time it is filed with the Board of Commissioners.
The above reports and records are declared to be public records
and shall be made available to the public for its examination during
reasonable business hours.
[Ord. No. 2004-08]
a.
A zoning
permit shall be required for the use of a construction trailer located
within the Borough, which permit shall be good for one year, renewable
for one year periods after expiration.
b.
During
the months of June, July and August construction trailers may not
be located on any street, easement or right of way.
c.
No construction
trailer may remain on a street, easement, or right of way, when permitted,
after the structure is framed or after six months of the issuance
of a permit, whichever occurs sooner.
[Ord. No. 2001-02; Ord. No. 2004-02]
Pools used for swimming or bathing shall be in conformity with
requirements of this chapter, provided, these regulations shall not
be applicable to any pool less than 24 inches deep or having a surface
area of less than 250 square feet, except when such pools are permanently
equipped with a water recirculating system or involve structural materials.
For purposes of this chapter, pools are classified as private swimming
pools or public and semi-public swimming pools as defined hereafter.
Hot tubs shall be defined as follows:
A self-contained spa or hot tub: A factory-fabricated unit consisting
of a spa or hot tub vessel with all water-circulating heating, and
control equipment integral to the unit. Equipment may include pumps,
air blowers, heaters, lights, controls, sanitizers, etc.
[Ord. No. 2001-02; Ord. No. 2004-02]
Any swimming pool or hot tub which is used or intended to be
used as a swimming pool or hot tub in connection with a single-family
residence and available only to the family of the householder and
his private guest shall be classified as a private swimming pool or
hot tub.
Any swimming pool other than a private swimming pool shall be
classified as a public or semi-public swimming pool.
[Ord. No. 2004-02]
Pools and hot tubs used for swimming or bathing shall be in
conformity with the requirements of this chapter and current with
the New Jersey U.C.C. regulations.
[Ord. No. 2004-02; amended 11-20-2023 by Ord. No.
2023-14]
Swimming pools and hot tubs must receive permits from the Borough,
County, and/or State authorities having jurisdiction prior to applying
for a permit from the construction official for installing, altering,
enlarging, or constructing a pool or hot tub. Certified copies of
these approvals shall be filed as part of the data for the application
for the permit.
A building permit shall be required for the installation, alteration
or enlargement of any hot tub which exceeds 24 inches in depth or
to be installed on an elevated deck. All pool construction and inspections
must be completed within 60 days of the issuance of a pool permit.
[Ord. No. 2014-11; Ord. No. 2018-04; Ord.
No. 2022-12; amended 11-20-2023 by Ord. No. 2023-14]
a.
Plan Requirements. Plans shall accurately show dimensions
in construction of pools and appurtenances and properly establish
distances to property lines, buildings, walks, required pool coping
and fences; details of water supply system, drainage and water disposal
systems, and all appurtenances pertaining to the swimming pool. Detailed
plans of structures, vertical elevations, and sections through the
pool showing depth shall be included. Plans for a pool 10 feet wide
or smaller are required to show a three-foot wide coping along three
sides of the pool. Plans for pools with a width of greater than 10
feet are required to show a three-foot wide coping along all sides
of the pool. The required coping will be used in the maximum calculation
for pool coverage.
b.
Structural Design. The pool structure shall be engineered
and designed to withstand the expected forces to which it will be
subjected. Pools shall be constructed in conformity with construction
codes of the State of New Jersey and the Borough of Harvey Cedars
and shall be supported by pilings in conformity with said building
codes.
c.
Locations. Swimming pools no higher than 12 inches from
grade shall not be any closer than 10 feet from any side yard, and
shall not be any closer than five feet from the rear property line
and shall not be any closer than 10 feet from the bulkhead line from
Barnegat Bay, lagoons, coves, and other bodies of water. There shall
be a minimum distance of eight feet between a pool and a primary structure.
Minimum distance of five feet is required between a primary structure
and an accessory structure.
Accessory pool features such as benches, firepits, pool waterfall
features, and alike shall only be permitted within a side yard setback
of a pool as long as such features are no more than 24 inches in overall
height and not exceeding a width of 24 inches. Pool features’
side yard setback shall be a minimum of eight feet.
Swimming pools shall be prohibited between a primary structure
and any street or easement provided that the section is used as the
main access point to the property. Where a pool placement is permitted
into a required front yard, the setback shall be the same as it would
be for a side yard.
d.
On raised deck pool installations which are considered part of the primary structure, the pool shall maintain a distance of eight feet from any portion of the remaining primary structure or deck above the pool elevation except overhangs other than decks. See Subsection 13-7.8, yards adjacent to bodies of water.
e.
Distance
measurements for pools are taken from the pool’s water line.
f.
Dewatering. No dewatering shall be permitted between the
Friday before Memorial Day and Labor Day of any calendar year. All
dewatering for swimming pools, including excavation and seasonal draining,
shall be completed within 15 days from the start of the pumping.
Groundwater pumped to the surface either during construction
or for any other maintenance requirements must be directed via flex
pipe with a silt bag/filter (properly maintained) into the nearest
storm drain or into the bay or lagoon if the pool location is along
the bay or lagoon. No dirt, silt, sand or runoff debris of any kind
shall be permitted or caused to accumulate on a public street or any
body of water. No rubbish, debris or litter of any kind shall be permitted
to remain or accumulate in or about the swimming pool during construction.
[Ord. No. 2004-02]
a.
Plan Requirements. A plan for the installation of a hot
tub shall accurately show dimensions, location in relation to setbacks,
primary and accessory structures on the lot. All proposed or existing
decks or walkways above 12 inches from grade shall be shown.
b.
Structural Design. Any hot tub other than a factory-fabricated self-contained unit shall abide by Subsection 13-17.5.
c.
Locations. A hot tub shall not be placed any closer than
10 feet from any side yard and shall not be any closer than four feet
from Barnegat Bay, lagoons, coves, and other bodies of water. No minimum
distance from a primary structure is required. Hot tubs on elevated
decks must be approved by the construction official if a permit is
required and may not be closer than two feet from any exterior railing
on such deck. Hot tubs in the front of a structure must meet front
yard setbacks.
[Ord. No. 2004-02]
[Ord. No. 2014-11; Ord. No. 2018-04]
See Section 13-7.3d, permitted coverage with a swimming pool.
The total square footage of all structures above 12 inches above
grade on a given building lot may not exceed 33% of the total square
footage of that building lot. The primary structure, all accessory
buildings, the swimming pool, and required copings (walkways) around
the pool shall not cover more than 43% of the total square footage
of the lot.
This district is made up of Block 30, Lots 64 through 118 on
the Harvey Cedars Tax Map.
[Ord. No. 2017-25]
The District is limited to the use of residential boat slips.
No one shall reside on or stay overnight on any docked boat for more
than 48 hours.
[Ord. No. 2014-08; Ord. No. 2017-25]
Unless another penalty is expressly provided in a section of this Chapter, any person who shall violate any of the provisions of the chapter or fail to comply therewith or with any of the requirements thereof, or who shall erect, structurally alter, enlarge, rebuild or move any building or buildings or any structure or who shall put into use any lot or land in violation of any detailed statement of plan submitted and approved hereunder, or who shall refuse reasonable opportunity to inspect any premises, shall upon conviction thereof be liable to a fine as stated in Chapter 3, § 3-9.
The owner of any building or structure, lot or land, or part thereof, where anything in violation of this chapter shall be placed or shall exist and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation shall each be guilty of a separate violation, and upon conviction thereof shall be liable to a fine as stated in Chapter 3, § 3-9.
