Borough of Barnegat Light, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Barnegat Light 11-10-1983 by Ord. No. 83-7 (Ch. XIV of the Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 21.
Adult uses — See Ch. 50.
Uniform construction codes — See Ch. 76.
Earth removal — See Ch. 85.
Fire prevention — See Ch. 91.
Flood damage prevention — See Ch. 94.
Massage parlors — See Ch. 119.
Noise — See Ch. 124.
Property maintenance — See Ch. 140.
Rental property — See Ch. 148.
Sewers and water — See Ch. 153.
Site plan review — See Ch. 157.
Streets and sidewalks — See Ch. 168.
Subdivision of land — See Ch. 172.
Swimming pools — See Ch. 180.
Storage of vehicles — See Ch. 199.
Waterfront and waterways — See Ch. 207.
The short title by which this chapter shall be known is the "Zoning Ordinance of the Borough of Barnegat Light."
The following words, phrases and terms as used in this chapter are hereby defined for the purposes of this chapter as herein set forth; provided, however, that the inclusion of any definition in this section of this chapter shall not be construed as permitting any use or thing except as may hereinafter expressly be permitted pursuant to § 215-4 et seq.
ACCESSORY USE OR BUILDING
A subordinate use or building, the purpose of which is incidental to that of the main use or building on the same lot.
ALTERATION
As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities or an enlargement, whether by extension of a side or by increasing in height or by moving from one location or position to another; provided, however, that such change, rearrangement, enlargement or extension impacts on any of the provisions or requirements of this chapter as to building height, area coverage of lot, side or rear yard requirements or use.
BOARD OF ADJUSTMENT
The Zoning Board of the Borough of Barnegat Light established pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
BUILDING
Any structure having a roof supported by columns, piers or any walls, including tents, or having other supports and any unroofed platform, terrace or porch having a vertical face higher than one foot above the level of the ground from which the height of the building is measured. When railings are used in construction of steps, decks and porches they shall be considered a safety requirement and will not be classified as part of the face measurement of the structure.
BUILDING AREA
The total of areas of outside dimensions on a horizontal plane at ground level of the principal building and all accessory buildings. Extensions and porches less than three feet in height not exceeding 42 square feet at ground level nor projecting more than seven feet from the building, in the front only, shall not be considered building area.
BUILDING HEIGHT
The vertical dimension measured from the crown of the nearest improved street on which the building or structure is located to the horizontal plane of the highest point of the roof of the structure or building. The point in the crown of the street from which the measurement is taken shall be the midpoint between the extension of the side lines of the lot which will intersect the crown of said improved street.
BUILDING LINE
A line formed by the intersection of a horizontal plane at average grade level and a vertical 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. All yard requirements are measured to the building line. Roof eaves not exceeding a distance of 16 inches measured vertically from the sidewalls of the building may encroach into any required yard area.
CERTIFICATE OF ZONING OCCUPANCY
A certificate issued by the Zoning Officer upon completion of the construction of a new building or upon a change in the occupancy of a building which certifies that all requirements of this chapter, or such adjustments thereof which have been granted by the Board of Adjustment or Planning Board, and all other applicable zoning requirements have been complied with by the owner or his representative.
CONDITIONAL USE
A use which is not appropriate generally or without restrictions and supervision imposed by the Zoning Board of Adjustment or the Planning Board but which, if controlled as to number, area, location or relation to neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such use may be permitted in accordance with the provisions of this chapter.
CONSTRUCTION CODE OFFICIAL
The official of the borough appointed pursuant to the Uniform Construction Code of New Jersey.
DWELLING, MULTIFAMILY
A building designed for or occupied exclusively by three or more dwelling units designed for three or more families living independently of each other.
DWELLING, ONE-FAMILY
A building or structure designed for or occupied exclusively by one dwelling unit.
DWELLING, TWO-FAMILY
A building designed for or occupied exclusively by two units suitable for two families living independently of each other.
DWELLING UNIT
One or more rooms providing living facilities for one family, including equipment for cooking or provisions for the same.
EASEMENT
A privately held thoroughfare.
EASEMENT LINE
That line determining the limit and extent of the right in the owner of one parcel of land to use the land of another for a special purpose.
FAMILY
One or more persons related by blood or marriage occupying a dwelling unit and living as a single, nonprofit housekeeping unit or a collective number of individuals living together in one house, including servants, whose relationship is of a permanent and distinct domestic character and cooking as a single housekeeping unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, combine, federation, group, coterie or organization.
GARAGE, PRIVATE
A detached building or space within the main building, designed for use as an accessory use to the main use for which the lot is dedicated, which is designed primarily for the storage of vehicles. Garages may be of two types:
A. 
A building or structure separate and apart from the main building or structure on the lot and used for accessory purposes as above.
B. 
A part of the main building or structure located on a lot or a separate building or structure located on the lot built or constructed so as to be permanently attached to the main building or structure and located entirely within the setback lines required for a main structure on the lot.
GRADE, FINISHED
The completed finished surface of a lot upon which a structure has been erected pursuant to approved plans, approved by the Planning Board or Construction Code Official of the Borough of Barnegat Light, for which structure or building a permanent certificate of occupancy has been issued. Where any ordinance of the borough has established a finished grade at a different level from the grade as herein described, the grade as defined and established by such ordinance shall be determined to be the finished grade.
HOME OCCUPATION
Any gainful employment or occupation of one or more members of the resident family which shall constitute, either entirely or partly, the means of livelihood of such member or members and which shall be conducted clearly as a secondary or accessory use to the primary residential use of the principal structure. Such occupation may be pursued in the principal dwelling structure or in a secondary building which is accessory to such principal structure. Home occupations are normally in the field of work of the artisan and may include home offices of said occupations where not more than one person who is not a member of the family in residence at the site and in the home is employed. The retail sale of goods or services in structures designed or altered to make such activities the primary use of any structure shall not be construed hereunder to be a home occupation. No greater than 20% of the principal dwelling structure or accessory structure shall be used for the occupation. The twenty-percent limitation shall be 20% of the principal dwelling structure utilized for the home occupation or 20% of the accessory structure used for the home occupation and shall under no circumstances include 20% of both such structures. No machines or equipment shall be used which will cause electrical or other interference with radio and television reception in adjacent residences.
HOME PROFESSIONAL OFFICE
The office of a member of a recognized profession, as hereinafter indicated, when conducted on a residential property shall be conducted by one professional member of the residential family, with not more than one employee, entirely within a residential building and shall include only the offices of medical doctors, osteopaths, psychiatrists, optometrists, dentists, chiropractors, ministers, architects, professional engineers, land surveyors, lawyers and accountants and no others. No greater than 20% of the principal dwelling structure or accessory structure shall be used for the home professional office. The twenty-percent limitation shall be 20% of the principal dwelling structure or 20% of the accessory structure used for the home professional office utilized for the home professional office and shall under no circumstances include 20% of both structures. No machines or equipment shall be used which will cause electrical or other interference with radio and television reception.
HOTEL (MOTEL)
A building containing rooms used, rented or hired out to be occupied for sleeping purposes by guests, where no kitchen or only a general kitchen and dining room are provided within the building or as an accessory building, or both; provided, however, that a single private kitchen facility may be maintained by a resident owner or resident manager of the hotel (motel) for the exclusive use of such owner or manager and his or her family.
LIVING SPACE
Floor space used for general living purposes, measured from the exterior walls; finished attic space with a ceiling height of seven feet six inches or more sloping to a height at the eaves of not less than four feet from the floor to the underside of the rafters; excluding the floor area of the basement or cellar, garage and porches.
LOT
A parcel or area of land, the dimension and extent of which are determined by the latest official records or by the latest approved map of a subdivision of which the lot is a part.
LOT AREA
An area of land which is determined by the limits of the lot lines bounding that area.
LOT, CORNER
A parcel of land at the junction of and fronting on two or more intersecting streets.
LOT COVERAGE
That portion of the lot area covered by building area. In addition, all outdoor hard surfaces for recreational activities, such as game courts, shall be included in lot coverage in applying the area and yard limitations provided in this chapter.
[Amended 7-13-2016 by Ord. No. 2016-007]
LOT DEPTH
The depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear, provided that where side lot lines in the rear are less than 25 feet apart at their rearmost points, measured along a line parallel to the front line and 25 feet in length within the lot, they shall be used as the rearmost measuring point.
LOT FRONTAGE
A lot line or portion thereof which is coexistent with a street line, easement line or right-of-way.
LOT, INTERIOR
A lot other than a corner lot.
LOT WIDTH
As determined by measurement across the front yard at the setback line. The width between the side lot lines at the points where they intersect the street line shall not be less than 80% of the required minimum lot width. In the case of lots on the turning circle of culs-de-sac or at points of street curvature where the radius at the right-of-way line of the street (or a circle approximately following the right-of-way and intersecting the foremost points of the side lot lines) is less than 90 feet, the eighty-percent requirement shall not apply. In any case, the width at the right-of-way line of the street shall not be less than 20 feet.
MARINA
A dock or basin operated for profit or to which public patronage is invited providing moorings or marine services for power yachts, launches or other watercraft.
MODEL HOME
A building constructed or erected by a building contractor or developer displaying his particular crafts and building techniques to the general public for the purpose of selling crafts and building techniques. The building shall not be used by any person engaged in any activity which would require a real estate broker's license. The building shall conform in all respects to the regulations and restrictions of the zoning district in which it is located.
NONCONFORMING BUILDING
A building which in its designed location upon a lot does not conform to the regulations of this chapter for the zone in which it is located but which was in all respects a lawful building at the time it was constructed.
NONCONFORMING LOT
A lot or parcel which does not have the minimum width or depth or contain the minimum area for the zone in which it is located or the use to which it is being put and which was in all respects lawful at the time it was first delineated by deed or plot plan of public record.
NONCONFORMING USE
Use of a building or of land that does not conform to the regulations of the zone in which it is located but which use was in all respects lawful when it was begun.
OCCUPANCY
The specific purpose for which land or a building is used, designed or maintained.
PARKING SPACE, OFF-STREET
An off-street space available for the parking of a motor vehicle, which space is held to be an area of nine feet wide and 20 feet long.
[Amended 7-16-1997 by Ord. No. 97-8]
PLANNING BOARD
The Planning Board of the Borough of Barnegat Light established pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
SETBACK LINE
A line located within the boundaries of a platted lot and parallel to the lot lines of the lot creating an area between the setback line and the lot line within which no structure or building may be erected.
SIGN
Any structure or part thereof attached thereto or painted or represented thereon which shall display or be designed to display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of, an announcement, direction or advertisement, but not including any flag, badge or insignia of any public, civil, charitable or religious group.
A. 
Any sign, symbol, trademark, structure or similar device used to identify the product made or the activity pursued by any individual, business, service or commercial enterprise which is displayed upon the lot or premises occupied by such an enterprise for the purpose of apprising the public of the location of such enterprise and the type of activity in which it is engaged.
B. 
An advertising sign or device intended to direct or point toward a place which is removed geographically from the location of the directional sign and which is intended to aid the unfamiliar in locating the place to which the sign directs.
SIGN AREA
The area included within the outer frame or edge of a sign surface, exclusive of the structure to support it properly, trim and framing devices, and being the surface upon which the message conveyed by the sign actually appears. Where the sign has no such frame or edge, the area shall be defined by an enclosed four-sided shape which most closely outlines the sign. Where a sign contains a message on two sides, each side shall be considered a separate sign; provided, however, that where the identical message and wording appear on both sides of such sign, the two sides shall be considered a single sign.
STORY
That part of a building between the surface of any floor and the next floor above it or, in its absence, then the finished ceiling 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, except a cellar. Any floor under a sloping roof at the top of a building which is more than seven feet six inches below the bottom of the top ridge shall be counted as a story. A basement beneath a dwelling as well as any floor area under a sloping roof at the top of a building which is less than seven feet six inches below the bottom of the top ridge but more than four feet in height shall be counted as a half story. Occupancy of any half story as separate living quarters is forbidden. The term "basement" as used herein shall be defined as the term is defined in the BOCA National Existing Structures Code, 1987 Edition.
[Amended 7-16-1997 by Ord. No. 97-8]
STREET
A public thoroughfare, whether or not the same is improved, which has been dedicated or deeded to the public for public use and which is an existing state, county or municipal roadway or which is shown upon a plat heretofore approved pursuant to law or which is approved by official action pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. or which is shown on a plat duly filed and recorded in the office of the Ocean County Clerk prior to the establishment of a municipal planning board and the grant to such board of the power to review plats.
[Amended 3-25-1991 by Ord. No. 91-54]
STREET GRADE
The completed finished surface of the street adjacent to any lot at the crown or highest point of such street between the two side lines of the lot, as the same may be extended across the street.
STREET LINE
That line determining the limit of the existing highway right of the public.
STRUCTURAL ALTERATION
Any change in the supporting sections of a building, such as bearing walls, columns, beams or girders, or in the utility system or mechanical equipment of a structure which materially alters its usability, capacity or function.
USE
The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
YARD, FRONT
An open, unoccupied space on the same lot with the principal building extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of that lot. On any lot which is a corner lot fronting on two streets, the front yard shall face on and front on the wider of the two streets.
YARD, REAR
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building. The depth of a rear yard shall be measured at right angles to the rear line of the lot or, if the lot is not rectangular, then the depth of a rear yard shall be measured along the lot depth line, defined in this section.
YARD, SIDE
An open, unoccupied space between the side line of the lot and the nearest line of a building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the street or rear lot line, as the case may be. The width of a side yard will be measured at right angles to the side of the lot.
VARIANCE
Permission to depart from the literal requirements of this chapter pursuant to N.J.S.A. 40:55D-40, 40:55D-60 and 40:55D-70.
ZONING OFFICER
The borough official holding that title and having been appointed by the Mayor of the Borough of Barnegat Light with the advice and consent of the municipality as hereinafter provided.
Words used in the present tense include the future. The singular number includes the plural, and the plural the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "zone" includes the word "district"; the word "use" includes the words "arranged" and "designed" and the phrase "intended to be used"; and the word "shall" is always mandatory.
A. 
Zoning affects every use and structure.
(1) 
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.
(2) 
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.
(3) 
Without in any way limiting the foregoing restrictions, the use of any lands or buildings for the sale, purchase, dispensing or cultivation of marijuana shall be unlawful and strictly prohibited throughout the Borough of Barnegat Light.
[Added 4-11-2018 by Ord. No. 2018-05]
B. 
Required yards cannot be reduced or used by another building.
(1) 
No open space provided around any building for the purposes of complying with the provisions of this chapter shall be considered as providing open space for any other building, except as set forth in Subsection C.
(2) 
Decks without railings and patios without railings when constructed outside the building area shall not exceed one foot above ground level elevation, otherwise they shall be considered as ground covering area.
C. 
Accessory buildings in residence districts. Accessory buildings shall be subject to the following requirements:
(1) 
They shall not be located in any required front yard.
(2) 
They shall not exceed one story or 15 feet in total height at the ridge, where the roof slopes directly from the ridge to the sidewalls, which sidewalls shall not exceed 10 feet in height. Any accessory building which does not have a ridge with straight roof slope to the sidewalls shall not exceed 10 feet in height. Any loft area of any accessory building or garage may not be used for living quarters.
(3) 
The minimum distance of any accessory building from an adjacent building shall be 10 feet.
D. 
Vision clearance on corner lots. In any district on any corner lot, no fence, sign or other structure, planting or other obstruction to vision higher than two feet six inches above the established street grade at the center line shall be erected or maintained within the area defined by a line connecting points on the two street lot lines at a distance of 15 feet from the corner.
E. 
Off-street parking lots. All off-street parking areas shall be either surfaced with gravel or paved with asphalt or concrete. All parking areas, commercial or residential, shall be designed with parking patterns to permit ready and adequate ingress and egress to each parking space in accordance with sound traffic engineering design standards.
F. 
Annexed lands. Any land which shall be henceforth included within the jurisdictional limits of the borough shall be subject to the regulations which pertain to the R-A Zone. The Planning Board shall then study the newly acquired land and make recommendations to the governing body as to the zoning classification of the land.
G. 
Height limits. The following shall apply:
[Amended 12-9-1983 by Ord. No. 83-14; 11-10-1986 by Ord. No. 86-13; 5-17-2000 by Ord. No. 00-14]
(1) 
No building or structure shall be erected or enlarged to exceed 30 feet in height.
(2) 
In measuring the height of any building to determine its conformity with the thirty-foot height restriction as herein imposed, the measurement shall be taken from the crown of the nearest improved street or easement on which the building or structure is located. To determine the height of the vertical plane of the building being measured, a straight level line perpendicular to the edge of the easement or improved street and running directly from the crown of said building at its closest point to the crown of the improved street or easement point shall be marked, from which a vertical line shall be taken upwards to the point of intersection with the plane of the highest point on the building.
(3) 
No exceptions are permitted as to height restrictions except as are herein specifically provided or as hereinafter specifically provided in § 215-14A of this chapter.
(4) 
Nothing may be stored or placed on any building in excess of the height limitations herein imposed.
H. 
Setbacks in developed neighborhoods. Where in a given block there is a pronounced uniformity in the alignment of existing buildings in which the front yard depths are greater than required in this chapter, then any new building shall conform substantially to this established alignment.
I. 
Finished grades in developed neighborhoods.
[Amended 5-20-1998 by Ord. No. 98-9]
(1) 
Where a lot is situated between two lots, each of which is developed with a main building, then neither side line shall exceed the finished grade of the adjoining lot, and, further, the finished grade shall not be altered except to provide positive drainage to the street upon which the lot fronts. Where a lot adjoins one lot in a developed neighborhood which is developed with a main building, the finished grade of such lot may not be altered so as to cause surface water to drain onto the lot on which the building is located.
(2) 
Where the owner of a lot in a developed neighborhood desires to establish a finished grade higher than the finished grades of adjoining developed lots on which main buildings have been erected, such grade and elevation increase may be made only with prior approval of the Borough Engineer based upon a grading plan submitted to the Borough Engineer by the lot owner showing that the proposed grade elevation will be maintained in such a way as to cause surface water to drain toward the street upon which the lot is located and will not impose additional stormwater burden on any adjoining lot. The expense of the review by the Borough Engineer shall be borne solely by the applicant. The grading plan provided for Borough Engineer review shall be prepared by a New Jersey licensed professional (surveyor, engineer, etc.) and shall include existing and proposed topographic information sufficient to demonstrate compliance with this chapter. After construction, the property owner shall provide written certification, by said New Jersey licensed professional, that the project was constructed in accordance with the approved grading plan. No certificate of occupancy shall be issued until said certification is received.
J. 
Pending application for building permits. Nothing in this chapter shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which any building permit has been granted before the effective date of this chapter, provided that the building, structure or part thereof shall be completed and a certificate of occupancy issued within one year from the effective date of this revision.
K. 
Questions concerning the exact location of district boundary lines. Questions concerning the exact location of district boundary lines shall be determined by the Board of Adjustment in accordance with rules and regulations which may be adopted by it as hereinafter provided.
L. 
Setback requirements on lots on the turning circle of culs-de-sac. When any lot is situated on the turning circle of a cul-de-sac, a principal or accessory structure shall not be closer than 15 feet to the street line, but in no case shall it be closer than the prevailing setback line of the street if the same were to be fully extended across the turning circle of the cul-de-sac.
M. 
Lagoon and tide-flowed lot areas. In calculating the required minimum area for any lot in any district or zone within the Borough of Barnegat Light, no land flowed by tidewater and no area of the lot in any lagoon shall be included in calculating minimum lot area, nor shall any lands flowed by tidewater or inundated by any lagoon be included in calculating any minimum lot depth or lot width. All building line setbacks shall be measured from the edge of any lands flowed by tidewater or the edge of any lagoon.
N. 
Grandfather clause. All lots created by subdivision prior to the effective date of this revision[1] and having a minimum width of 45 feet at the street line or on the ocean or the bay and a minimum lot area of 5,000 feet, in single individual ownership with a deed vesting such ownership duly of record in the Ocean County Clerk's office in Toms River, New Jersey, on or before June 1, 1982, shall, for purposes of this chapter, be considered conforming lots. Any lot having a minimum lot area of 5,000 square feet and a minimum width of 45 feet at the street line or on the ocean or the bay which has been created by formal action of the Borough of Barnegat Light Planning Board shall, for a period of five years from the final approval granted by the Borough of Barnegat Light Planning Board, be considered to be a valid and conforming lot even though said lot shall not be in individual ownership as of June 1, 1982.
[1]
Editor's Note: "This revision" refers to Ord. No. 83-7, adopted November 10, 1983.
O. 
Mapped wetlands. In calculating the required minimum area for any lot in any district or zone within the Borough of Barnegat Light, no land mapped by the State of New Jersey as wetlands pursuant to the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq., shall be included in the minimum lot area as required by this chapter, nor shall any lands so mapped be included in calculating the minimum lot depth or the minimum lot width as required by the terms of this chapter. All building line setbacks required by this chapter shall be measured from the edge of any mapped wetlands mapped pursuant to said Wetlands Act of 1970.
[Added 2-28-1994 by Ord. No. 94-119]
A. 
Findings and declarations.
(1) 
It has been clearly demonstrated that well-established and protected sand dunes, together with berms, beaches and underwater slopes of suitable configuration and of proper grade and height, are a durable and effective protection against high tides and flooding and against damage by the ocean under storm conditions and are the natural protection of the coastal areas adjacent thereto, and the state and its subdivisions and their inhabitants have an interest in the continued protection thereof and in the right to restore them in the event of damage or destruction.
(2) 
The dunes are vulnerable to erosion by both wind and water, but primarily by wind, since its attacks against the dunes are sustained for substantial and frequently recurring periods of time, whereas, if protected by typical berms, beaches and underwater slopes, the dunes are attacked by water only at infrequent intervals. The best available means of protecting the dunes against wind is by preventing indiscriminate trespassing, construction or other acts which might destroy or damage the dunes, and through the use of native planting, supplemented by sand fencing, and other devices designed to prevent the free blowing of sand, and the maintenance of the surface tensions, root accumulations, normal contours and other features found in typical natural dunes.
[Amended 7-16-1997 by Ord. No. 97-8]
(3) 
The immediate dune and beach area is not capable of rigid definition or delineation or of completely firm stabilization, so that particular sites at one time free of dunes may, as the result of natural forces, become part of the dune area necessary for the continuation of the protection above outlined, and persons purchasing or owning such property do so subject to the public interest therein.
[Amended 7-16-1997 by Ord. No. 97-8]
(4) 
It is the purpose of this section to define the areas so affected and to establish regulations to assure their continued effectiveness. This section is declared to be an exercise of the police power in the interest of safety and welfare and for the protection of persons and property.
B. 
Definitions. As used in this section, the following words shall have the meanings indicated:
BACKSHORE
That zone of the shore or beach lying between the foreshore and dune area and normally acted upon by waves only during severe storms, especially when combined with exceptionally high water.
(1) 
Gently sloping unvegetated areas of sand or other unconsolidated material that extend landward from the mean high water line to either:
(a) 
The vegetation line;
(b) 
A man-made feature generally parallel to the ocean or bay, such as a retaining structure, bulkhead or road; or
(c) 
The seaward or bayward foot of dunes, whichever is closest to the ocean or bay waters.
(2) 
Also includes foreshore and backshore.
BEACH-DUNE AREA
The district set off by this section, to include the dunes, backshore and foreshore and the areas where, according to normal beach profile, the same would or should exist.
BOARDWALK
Includes the term "walkway" and shall mean a walk or promenade or planking built across the dune line or berm to connect the street ends or other property with the open beach. These shall be perpendicular to the western boundary of the dune zone, and in no case shall a wooden promenade parallel to or along the beach be permitted. The height, width, length and type or construction of these shall be approved by the Borough Engineer.
DUNE AREA
The area actually or normally occupied by dunes. For purposes of this section, it shall be construed to include its actual dimensions or according to a computed profile with a height of 14 feet above mean sea level, a crest of 20 feet and a leeward slope of one to five, whichever shall be greater, but not greater than 50 feet from the average seaward side of the dune crest as computed by the Borough Engineer, and provided further that the leeward slope shall in no case be made steeper than one to five. In the portions north and west of the south jetty along the shore of Barnegat Inlet, the Borough Engineer may compute a dune area and profile graduated to a lesser height or width to compensate for the sheltering effect of the north and south jetties, the lands to the north of the inlet and any other reasonably permanent natural or artificial features tending to provide protections greater than that enjoyed by the areas directly adjoining the Atlantic Ocean.
[Amended 7-16-1997 by Ord. No. 97-8]
DUNE LINE
A row of dunes, which may blend in with a berm, which blend in with each other, are roughly parallel to the ocean and serve as a protective barrier against the elements.
DUNES
Wind- or wave-deposited or man-made formations, vegetated or drifting windblown sand, that lie generally parallel to and landward of the beach and between the upland limit of the beach and the foot of the most inland dune slope. Formations of sand-retaining structures and/or snow fences, planted vegetation or other measures are considered to be dunes regardless of the degree of modification of the dune by wind or wave action or disturbance by development.
[Amended 7-16-1997 by Ord. No. 97-8]
FORESHORE
The part of the shore lying between the crest of the seaward berm and the ordinary low water mark that is ordinarily traversed by the uprush and backrush of the waves.
MEAN SEA LEVEL
The term "sea level" and shall refer to the 1929 Sea Level Datum established by the United States Coast and Geodetic Survey or such other datum as may be established by the United States Army Corps of Engineers or other properly authorized agencies.
NATURAL DUNE
A dune created by natural forces or one that has developed the contours, vegetation, root system, etc., characteristic of dunes so created.
NATURAL VEGETATION
Includes the term "native vegetation" or "indigenous vegetation." Specifically, it shall mean such plants as beach grass (Ammophila breviligulata), dusty miller (Artemisia stelleriana), hudsonia (Hudsonia tomentosa), sea rocket (Cakile endentule), seaside goldenrod (Solidago sempervireus), poison ivy (Rhus Toxicoderon), woodbine or Virginia Creeper (Ampelopsis), catbrier or greenbrier (Smilax) or beachplum (Prumus maritima) which normally grow or may be planted on the slopes of dunes or behind them. No distinction is made as to how such plants are introduced into their locations.
SAND FENCE
Includes the term "snow fence" and may mean a barricade established in a line or pattern to accumulate sand and aid in the formation of a dune. The picket type shall be the commercial variety of light wooden fence, held together by wire and secured by posts.
[Amended 7-16-1997 by Ord. No. 97-8]
SLOPE, LEEWARD
The face or surface of the dune or berm going from its crest or plateau away from the ocean.
C. 
Provisions.
(1) 
This section shall be applicable to the beach-dune area as hereinbefore defined.
(2) 
No construction of any sort shall be allowed in the foreshore or backshore areas thereof excepting protective works undertaken by the borough with the approval of the Division of Coastal Resources of the State of New Jersey and/or the United States Army Corps of Engineers, as applicable.
(3) 
No construction of any sort shall be allowed in the remainder of the beach-dune area except the following:
(a) 
Any use mentioned in Subsection C(2) above.
(b) 
Boardwalks and steps to permit access across the dunes or berms to the open beach without damage to the dunes themselves.
(c) 
Sand fences to encourage the accumulation of sand.
(d) 
Pavilions or similar small platforms.
[1] 
Pavilions or similar small platforms of less than 300 square feet in area, provided that they do not have more than 40% solid walls, are mounted on suitable pilings and the area for 20 feet around them is suitably planted with beach grass or other natural vegetation capable of stabilizing the sand in such area, provided further that it shall be established to the satisfaction of the Borough Engineer that the proposed design and construction methods as applied to the particular site situation and time shall not:
[a] 
Unreasonably disturb the existing dunes.
[b] 
Be likely to create wind currents detrimental to the existing dunes.
[c] 
Be likely to create, increase or prolong any other hazard.
[d] 
Be inconsistent with all Federal Emergency Management Agency (FEMA) regulations that apply.
[2] 
The design and construction of any such pavilion or platform shall include any feature, device or provision required by the Borough Engineer to carry out the intent of this section.
(e) 
A bulkhead designed to replace or supplement dunes as herein described, provided that, before any such permit shall issue or be effective for the construction of any such bulkhead, it shall be demonstrated by competent engineering studies and design that such bulkhead shall:
[1] 
In every respect provide as much protection as the dunes intended to be in such area, optimum conditions, would provide.
[2] 
Create, increase or prolong no condition likely to be detrimental to the maintenance of an adequate dune line. In no case shall an existing dune be destroyed or excavated in order to construct a bulkhead, particularly in the V Zone.
[3] 
Conform adequately to the overall beach protection plans of the borough, Division of Coastal Resources and the United States Army Corps of Engineers and be consistent with all FEMA regulations.
[4] 
Be constructed in accordance with accepted engineering standards as applied to all of the circumstances.
(4) 
It shall be unlawful to throw, place, deposit or leave any shrubs or shrub cuttings, trees, mats, bottles, glass, crockery, sharp or pointed article or thing, paper, refuse or debris of any kind on the beach area, dunes or approaches thereto, except in the proper receptacles provided therefor.
(5) 
Access to the open beach in this zone shall be obtained only across street ends or along properly constructed and authorized boardwalks and steps. Where boardwalks and steps are constructed in street end extensions, access shall be across such boardwalks and steps only.
(6) 
The borough may erect or require the construction of fencing along the western limits of the backshore and dune areas and provide or require suitable markings to identify the same. Persons may enter such areas only to carry out the purposes of this section. Where walkways or boardwalks exist, the same shall be suitably bordered with fences to prevent damage to the dunes or berms which they cross.
(7) 
The unauthorized removal or displacement of sand within the beach-dune area or the unauthorized trespassing upon the dune area shall be construed a violation of this section.
(a) 
If such excavation is proposed in existing dunes, particularly in the V Zone, an engineering analysis by a licensed professional engineer with a specialization in coastal engineering must be performed to determine the impact of dune alteration on flood potential. If the engineer can certify that the flooding potential will not be increased, the permit process can proceed.
(b) 
If a permit is issued, it shall be conditioned, whenever possible, that the sand be sifted to separate nonbeach material and be replaced back onto the beach or dune system.
(c) 
The unauthorized removal or destruction of natural vegetation within the dune area shall be construed a violation of this section.
(d) 
If a permit is granted, the applicant must include a satisfactory plan for a restabilization with fencing and native vegetation species of the remaining dune area so disturbed or excavated.
(e) 
Any applicant for relief from this subsection shall be required to serve notice by certified mail, return receipt requested, upon the Commissioner of the New Jersey Department of Environmental Protection and Energy at least 10 days prior to the hearing, in addition to such other notice requirements established by law.
D. 
Administration. The Borough Engineer shall, by such surveys and calculations as he finds necessary, locate the beach and dune areas as defined in this section and plot the same on a plan of the borough, which plotting or a copy thereof shall be on file in the office of the Borough Clerk and available for inspection. He shall make any corrections in his findings and plotting that changes in the natural or artificial features of the terrain may justify or require.
E. 
Applicability. The provisions of this section shall apply in all zones within the Borough of Barnegat Light and shall be applicable notwithstanding any other provision of this chapter.
[1]
Editor's Note: See also Ch. 207, Waterfront and Waterways, Article I, Beach-Dune Area.
[Amended 4-12-1985 by Ord. No. 85-5]
See Schedule A, attached hereto and made a part hereof.[1]
A. 
Zone districts established. For purposes of this chapter, the Borough of Barnegat Light is hereby divided into the following zone districts:
Symbol
Name
R-A
Single-Family Residential District
R-B
Two-Family Residential District
G-B
General Business District
M-C
Marine Commercial District
C
Conservation District
B. 
Zoning Map and description of districts. The location and boundaries of the zone districts as set forth in Subsection A shall be as hereinafter particularly described. Incorporated by reference in this chapter is the Zoning Map of the Borough of Barnegat Light, which map is provided for convenient reference only. Where a conflict exists between the description hereinafter contained and the zone map, the description hereinafter contained shall prevail.
[Amended 7-16-1997 by Ord. No. 97-8[2]]
[2]
Editor's Note: This ordinance also repealed former § 14-4.3, Description of zoning districts, which immediately followed this subsection. The boundary descriptions of the zoning districts referred to in this subsection are available for inspection in the Borough offices.
C. 
Map from which zone descriptions derive. All of the foregoing zone descriptions contained in former Section 14-4.3 were derived from a map or plan entitled "Borough of Barnegat Light, Ocean County, New Jersey, Tax Map prepared by Thos. J. Taylor Associates, July 1965" in use by the Borough of Barnegat Light for tax assessment purposes during the year 1982, including the latest revisions made thereto. Any discrepancies in the descriptions shall be resolved by reference to the aforestated Tax Map.
D. 
Zoning Map.[3] The Zoning Map prepared by Owen, Little & Associates, Inc., is hereby adopted as the Official Zoning Map for the Borough of Barnegat Light.
[3]
Editor's Note: A copy of the Zoning Map is included in a pocket at the end of this volume.
[1]
Editor's Note: Schedule A refers to the Zoning Map, a copy of which is included in a pocket at the end of this volume.
A. 
Uses and buildings permitted. The following uses and buildings shall be permitted in the R-A Zone:
(1) 
Single-family detached dwellings.
(2) 
Churches and other places of worship and Sunday school buildings and parish houses.
(3) 
Public and parochial schools.
(4) 
Public museums and libraries.
(5) 
Public utility structures, but not including storage and maintenance uses and garages.
(6) 
Home occupations.
(7) 
Municipal recreational facilities, buildings and grounds.
(8) 
Professional offices.
(9) 
Private garages.
(10) 
Accessory uses or buildings.
B. 
Area and yard requirements.
(1) 
In the R-A District no building or structure shall be erected on a lot less than 5,000 square feet in area. Such lot shall have a minimum dimension of 50 feet, shall abut upon a street and shall have the required frontage upon such street. In the computation of such areas, dimensions and frontages, neither public streets nor any portion thereof shall be included.
(2) 
No building or structure shall be closer than 25 feet to the street line; provided, however, that where a building or structure is erected on a corner lot, said building or structure shall not be closer than 25 feet to the wider street and shall not be closer than 15 feet to the narrower street.
[Amended 3-25-1991 by Ord. No. 91-54]
(3) 
Every principal building shall be provided with two side yards, each a minimum of nine feet; provided, however, that where any such building shall be located on a corner lot, one such side yard abutting one of the intersecting streets shall have a minimum depth of 15 feet. The other side yard shall have a minimum depth of the required nine feet.
(4) 
No principal building shall be closer than 10 feet to any rear lot line.
(5) 
No accessory building shall be closer than five feet to any side or rear lot line; provided, however, that any such accessory building shall not be closer than 25 feet to the rear of the required front yard located on the lot on which the accessory building is to be placed.
(6) 
All buildings, including accessory buildings, shall not cover more than 35% of the lot.
C. 
Minimum floor area of residential buildings. In order to ensure a reasonable ratio of open yard area and enclosed living space to provide for the health, safety and welfare of residents and further to preserve property values and promote purposes of zoning, every new dwelling unit shall have a minimum living space on the first floor of 7.2 square feet for every 50 square feet of lot area, up to the first 5,000 square feet of lot, said living space to be exclusive of porches, garages and accessory structures. Multistory dwellings shall have a minimum total living floor area of 12 square feet for every 50 square feet up to the first 5,000 square feet of lot, said living space to be exclusive of porches, garages and accessory structures.
D. 
Off-street parking requirements. 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:
(1) 
Two spaces for each dwelling unit.
(2) 
One space for each five seats provided in a church and other public auditoriums.
(3) 
One space for each five seats provided in a school auditorium or 1 1/2 spaces for each staff and faculty member, whichever requirement is greater.
(4) 
For home occupation, two additional spaces over and above the number of spaces required for the residential use of the land in which the home occupation is conducted.
(5) 
One space for each employee plus an additional three spaces for clients or patients for all professional offices.
E. 
Prohibited uses. Any use not specifically hereinabove permitted in Subsection A is hereby prohibited.
A. 
Uses and buildings permitted. The following uses and buildings shall be permitted in the R-B Zone:
(1) 
All uses and buildings permitted in the R-A District.
(2) 
Two-family dwellings subject to the area and yard requirements set forth in Subsection C.
(3) 
Buildings used exclusively by the federal, state, county or local municipal government for public purposes.
B. 
Area and yard requirements for single-family uses. Every lot in the R-B District being utilized for single-family dwelling purposes shall comply with all of the requirements of the R-A District.
C. 
Area and yard requirements for uses and buildings utilized as two-family dwellings. Every lot in the R-B District utilized for two-family dwelling purposes shall comply with the following requirements:
(1) 
In the R-B District no two-family dwelling or structure shall be erected on a lot of less than 9,375 square feet in area. Such lot shall have a minimum dimension of 75 feet on the street upon which such lot fronts. In the computation of such areas, dimensions and frontages, neither public streets nor a portion thereof shall be included.
(2) 
No building shall be closer than 25 feet to the street line, including both streets of a corner lot.
(3) 
Every principal building shall be provided with two side yards totaling 36 feet in width, the minimum width of one side yard being not less than 18 feet, and further provided that there shall be at least 30 feet between two adjacent houses.
(4) 
No principal building shall be closer than 10 feet to any rear lot line.
(5) 
No accessory building shall be closer than five feet to any side or rear lot line; provided, however, that no accessory building shall be closer than 50 feet to any street line.
(6) 
All buildings, including accessory buildings, shall not cover more than 35% of the lot.
D. 
Minimum floor area of residential buildings. In order to ensure a reasonable ratio of open yard area and enclosed living space to provide for the health, safety and welfare of residents and further to preserve property values and promote purposes of zoning, every new dwelling unit shall have a minimum living space on the first floor of 7.2 square feet for every 50 square feet of lot area, up to the first 5,000 square feet of lot, said living space to be exclusive of porches, garages and accessory structures. Multistoried dwellings shall have a minimum total living floor area of 11 square feet for every 50 square feet up to the first 5,000 square feet of lot, said living space to be exclusive of porches, garages and accessory structures.
E. 
Off-street parking requirements. There shall be provided at the time of the erection or enlargement of any principal building or structure minimum off-street parking spaces as required in the R-A Residence District.
F. 
Prohibited uses. Any use not specifically hereinabove enumerated in Subsection A is expressly prohibited.
A. 
Uses and buildings permitted. The following uses and buildings shall be permitted in the G-B Zone:
(1) 
All uses and buildings permitted in the R-B zone, subject, however, to the regulations and requirements for such uses in the R-B Zone, except as may be hereinbelow modified.
(2) 
Any retail shopping facility or service establishment which supplies commodities for or performs a service primarily for residents of the surrounding neighborhood. Uses such as but not limited to retail stores and markets, shops, restaurants and luncheonettes, professional and business offices and the like are the intended permitted uses, together with such other uses of like or similar nature.
(3) 
Gasoline or oil stations, automobile service stations and public garages may be permitted, provided that the following standards and conditions shall be complied with and a conditional use permit is obtained from the appropriate board:
[Amended 7-16-1997 by Ord. No. 97-8; 7-15-1998 by Ord. No. 98-13]
(a) 
A set of plans, specifications and plot plans shall be submitted to the appropriate board showing all structures, pumps, storage tanks, parking areas and driveways for ingress and egress. Plot plans shall comply with the following minimum area and frontage requirements:
[1] 
Area: 10,000 square feet.
[2] 
Frontage: 100 feet.
[3] 
Depth: 100 feet.
(b) 
All pumps shall be located outside of buildings and on private property and in no case within 20 feet of any street line or lot line and shall be subject to such conditions and safeguards as the appropriate board may impose with respect to, among other matters, the location and adequacy of entrances and exits.
(c) 
All automobile parts, dismantled vehicles and similar articles are to be stored within a building; exterior storage, 30 days maximum; all combustibles are to be stored in conformity with the requirements as set forth in the Fire Protection Code.[1]
[1]
Editor's Note: See Ch. 91, Fire Prevention.
(d) 
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 appropriate board. The appropriate board shall then decide the matter in accordance with the procedure for the issuances of conditional use permits as provided in this chapter.
(4) 
Hotels, motels and multifamily dwellings, provided that the following standards and conditions are complied with and a conditional use permit is obtained from the appropriate board:
(a) 
Area and yard requirements.
[1] 
Maximum lot coverage: 33 1/3%.
[2] 
Minimum front yard: 25 feet.
[3] 
Minimum side and rear yards: 20 feet.
[4] 
Minimum lot size: 12,000 square feet.
[5] 
Minimum lot frontage: 120 feet.
(b) 
A minimum of one off-street parking space shall be provided for each hotel or motel unit, plus one employee parking space for each five hotel or motel units or portions thereof.
(c) 
A minimum of three off-street parking spaces shall be provided for each multifamily unit.
(d) 
Density of multifamily units shall be permitted at the rate not to exceed one dwelling unit per 4,000 square feet.
(e) 
Where mixed residential and nonresidential use is proposed and the nonresidential use does not qualify as a home occupation or home professional office under this chapter, each 720 square feet or portion thereof utilized for nonresidential purposes shall be counted as one dwelling unit for the purpose of density calculation pursuant to the terms of this chapter. By way of illustration, if a mixed use of residential and nonresidential is proposed and the nonresidential use is 800 square feet, such nonresidential use shall be counted as two dwelling units for the purposes of density calculations.
[Amended 10-12-1984 by Ord. No. 84-12]
(5) 
All construction, alteration and occupancy in this district is, however, subject to the provisions of Chapter 157, Site Plan Review, of the Code of the Borough of Barnegat Light, and no occupancy, construction, alteration or change shall be permitted except in accordance therewith.
[Added 10-12-1984 by Ord. No. 84-12]
B. 
Prohibited uses and buildings.
[Amended 3-20-2013 by Ord. No. 2013-002]
(1) 
The following buildings, structures and uses, except such of them as may have been in existence on November 1, 1968, are specifically prohibited in the business district:
(a) 
Shipbuilding yards or ways; marine railways; fish packing, shipping, canning, processing or storage; bottling plants; junkyards; air fields; landing bases; automobile wrecking yards; or any process of manufacture or treatment which is not clearly incidental to the retail business conducted on the premises.
(b) 
Carousels, roller coasters, merry-go-rounds, Ferris wheels or other mechanical rides; pony tracks, golf driving ranges, trampolines, wild animal exhibits; any type of business using jukeboxes or record players with external speakers to attract attention to the business being conducted within the premises; and trailers and trailer parks, and used car lots.
(2) 
Any process of assembly, manufacturing or treatment using power in excess of 25 total horsepower or constituting a nuisance by reason of odor, smoke or noise is also prohibited.
(3) 
In addition to the above prohibited uses and buildings, adult bookstores, adult boutiques and stores catering to sexually oriented materials are expressly prohibited.
C. 
Business frontage. All businesses in this district shall front either on Central Avenue, Broadway or 7th Street only between Broadway and Bayview Avenue.
D. 
Area and yard requirements.
[Amended 3-25-1991 by Ord. No. 91-54]
(1) 
Any lot used for residential purposes shall provide the minimum area and yard requirements called for in the R-B Zone.
(2) 
The minimum area and width of a business lot in the G-B District shall be determined by off-street parking and loading provisions of this section; provided, however, that in no event shall any lot contain less than 5,000 square feet nor less than 50 feet of frontage on a public street nor any dimension of less than 50 feet.
(3) 
No building or structure shall be closer than 25 feet to the street line where off-street parking is provided at the side or rear of the building. If off-street parking is provided between the front of the building and the street line, the minimum setback from said street line to the building shall be 50 feet.
(4) 
Each lot shall have a minimum side yard of 10 feet on each side of the main or principal building located on the lot, except that in the case of a corner lot, no building or structure shall be closer than 15 feet to the narrower street. If off-street parking is provided between the side of the building and the street line of the narrower street, the minimum setback from said street line to the building shall be 20 feet. The setback between the street line of the wider street and the front of the building shall comply with the requirements of Subsection D(3) of this section.
(5) 
Each lot shall be provided with a rear yard having a minimum depth of 10 feet; provided, however, that if off-street parking and loading space is provided in the rear of the building the minimum depth of the rear yard shall be 40 feet.
(6) 
An attached group of stores may be considered as one building in applying the above space requirements, provided that all parking requirements are complied with.
E. 
Minimum floor area of residential building. In order to ensure a reasonable ratio of open yard area and enclosed living space to provide for the health, safety and welfare of residents and further to preserve property values and promote purposes of zoning, every new dwelling unit shall have a minimum living space on the first floor of 7.2 square feet for every 50 square feet of lot area, up to the first 5,000 square feet of lot, said living space to be exclusive of porches, garages and accessory structures. Multistory dwellings shall have a minimum total floor area of 12 square feet for every 50 square feet up to the first 5,000 square feet of lot, said living space to be exclusive of porches, garages and accessory structures.
F. 
Off-street parking requirements.
(1) 
For any residential use the off-street parking requirements imposed for the R-A and the R-B Zones shall apply.
(2) 
For any retail business use and personal service establishment one off-street parking space for each 200 square feet of gross floor area shall be provided.
(3) 
For restaurants and other public eating establishments one off-street parking space for each three seats shall be provided.
(4) 
For business and professional offices, banks and fiduciary institutions one off-street parking space for each 400 square feet of gross floor area shall be provided.
(5) 
In addition to the above off-street parking requirements, one off-street parking space shall be provided for each 1,000 square feet of floor area devoted to the commercial, restaurant, business or professional use constituting the main use of the premises.
(6) 
The off-street parking area may be located on the same lot as the business or commercial building or use or on other appropriately zoned lands within a distance of not more than 300 feet from the commercial building. That is to say, each parking space provided on an additional lot shall have its furthest dimension not more than 300 feet distant from the building which it is intended to serve.
G. 
Off-street loading space requirements. Each business use shall provide off-street loading space at the side or 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; provided, however, that this subsection shall not apply to business offices and professional offices.
H. 
Site plan approval required. In the General Business District all structures shall, except single- and two-family residential structures where permitted, comply with the terms of Chapter 157, Site Plan Review, of the Code of the Borough of Barnegat Light, and no changes shall be made in structures nor shall new structures be erected except pursuant to the terms and provisions of that chapter.
A. 
Uses and buildings permitted. The following uses and buildings shall be permitted in the M-C Zone:
(1) 
All uses and buildings permitted in the R-B District, subject to regulations of that district.
(2) 
Motels, hotels and multifamily dwellings, subject to the regulations of § 215-9A(4).
(3) 
Marine services, such as dockage, boat landing, boat repairs and marine gasoline pumps on docks or bulkheads.
(4) 
Boat sales.
(5) 
Marine engine sales and repairs.
(6) 
Marine supplies and equipment sales.
(7) 
Bait and tackle sales.
(8) 
Shipbuilding yards and ways.
(9) 
Retail seafood markets.
(10) 
Wholesale establishments for packing and shipping seafood, not to include any process involving heat or cooking.
(11) 
Inside or outside storage of boats in conjunction with marine operations, but subject to the further provisions of this section.
(12) 
Restaurants, taverns and cocktail lounges.
(13) 
Gift shops.
(14) 
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.
B. 
Required lot area. Lot area shall not be less than 5,000 square feet, and the minimum dimension of any lot shall not be less than 50 feet.
C. 
Percentage of lot coverage. All buildings, including accessory buildings, shall not cover more than 35% of the dry land area, subject to the provisions of this section relating to parking.
D. 
Yards required.
[Amended 3-25-1991 by Ord. No. 91-54]
(1) 
No building or structure shall be closer than 25 feet to the street line where off-street parking is provided at the side or rear of the building. If off-street parking is provided between the front of the building and the street line, the minimum setback from said street line to the building shall be 50 feet.
(2) 
Each lot shall have a minimum side yard of 10 feet on each side of the main or principal building located on the lot, except that in the case of a corner lot, no building or structure shall be closer than 15 feet to the narrower street. If off-street parking is provided between the side of the building and the street line of the narrower street, the minimum setback from said street line to the building shall be 20 feet. The setback between the street line of the wider street and the front of the building shall comply with the requirements of Subsection D(1).
(3) 
Each lot shall have a minimum rear yard of 10 feet, provided that open and easily accessible covered docks shall not be construed to violate the requirement.
(4) 
An attached group of stores may be considered as one building when applying the above yard space requirements.
E. 
Off-street parking.
(1) 
At least 1 1/2 spaces for each boat slip, excluding space for staging area cranes or boat lifts or gasoline pumps, shall be provided. The land for parking may be used for winter storage but may not include dry storage for year-round use or summer repair work.
(2) 
Parking requirements for residences and other permitted business in this district shall be the same as those required in the R-B and G-B Districts.
(3) 
No boat may be stored in any required parking space, loading zone or staging area.
F. 
General regulations.
(1) 
No gasoline pump, gasoline storage tank or any structure used for storing any fuel or oil shall be situated nearer than 100 feet to adjacent residential zones.
(2) 
All businesses in this district shall front either Barnegat Bay, Broadway, Bayview Avenue, 3rd Street, 4th Street, 5th Street or 6th Street and shall provide for ingress and egress only from the street upon which said business fronts. Access to the business building shall be provided only from the side fronting on the street.
(3) 
Where mixed residential and nonresidential use is proposed and the nonresidential use does not qualify as a home occupation or home professional office under this chapter, each 720 square feet or portion thereof utilized for nonresidential purposes shall be counted as one dwelling unit for the purpose of density calculation pursuant to the terms of this chapter. By way of illustration, if a mixed use of residential and nonresidential use is proposed and the nonresidential use is 800 square feet, such nonresidential use shall be counted as two dwelling units for the purposes of density calculations.
[Added 10-12-1984 by Ord. No. 84-12; amended 7-16-1997 by Ord. No. 97-8]
G. 
Off-street loading space requirements. Each marine commercial business use shall provide off-street loading space at the side or 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 devoted to such marine commercial use; provided, however, that this subsection shall not apply to business offices and professional offices.
H. 
Prohibited uses and buildings. Any use not specifically hereinabove permitted in Subsection A is hereby prohibited.
I. 
Site plan approval required. In the Marine Commercial District all structures shall, except single- and two-family residential structures where permitted, comply with the terms of Chapter 157, Site Plan Review, of the Code of the Borough of Barnegat Light, and no changes shall be made in structures nor shall new structures be erected except pursuant to the terms and provisions of that chapter.
A. 
Permitted uses. The following uses shall be permitted in the C Zone:
(1) 
Protective works such as groins, jetties, bulkheads and sand fences.
(2) 
Recreational areas.
(3) 
Pavilions or similar flat platforms of less than 300 square feet in area, provided that they do not have more than 40% solid walls and are mounted on suitable piling.
(4) 
Boardwalks and steps across dunes.
(5) 
Public utility structures.
(6) 
Boat launching ramps and related facilities.
(7) 
Benches, pavilions and rest room facilities and storage buildings related to recreation areas.
B. 
Area, yard and building requirements.
(1) 
No building may be erected closer than 100 feet to an adjacent residential lot line or 25 feet to an adjacent commercial lot line.
(2) 
No building may exceed 15 feet in height, excepting public utility structures, which shall be governed by sound engineering standards of design.
(3) 
Parking areas shall not be closer than 25 feet to adjacent residential properties and in no case closer than 10 feet to a lot line.
C. 
Prohibited uses and buildings. Any use not specifically hereinabove permitted in Subsection A is hereby prohibited.
A. 
Signs in residential zones.
(1) 
No signs, billboards, advertising structures or similar items are permitted except as follows:
(a) 
Street signs at public or private streets, lanes or drives erected by the borough or county or approved by the Borough Council.
(b) 
Signs on homes setting forth the owner's or resident's name and/or address not to exceed two square feet in size.
(c) 
One lighted professional office announcement sign not over two square feet in size.
(d) 
One unlighted home occupation announcement sign not over two square feet in size.
(e) 
One lighted sign not to exceed 12 square feet in area at each driveway to a church, school, public museum or similar public use, plus signs not to exceed two square feet in area necessary to provide directions to specific buildings and to off-street parking areas. Such signs shall be set back a minimum distance of five feet from any street line.
(2) 
Real estate signs are prohibited on improved parcels, except that no more than one sign not over six square feet in area and bearing a sale or rent message may be exhibited thereon by the owner of the property or by a real estate broker, it being the express intention to permit no more than one such sign to be maintained at any time. Any real estate sign erected pursuant to the provisions of this subsection shall be placed and erected only in such manner that no portion of the sign extends beyond the lot on which the sign may be erected.
(3) 
No more than one sign shall be permitted advertising vacant land for sale or rent, and it shall not exceed six square feet in area.
(4) 
These requirements shall not apply to a permanent announcement board erected by churches or similar institutions but which shall be of conventional size, not to exceed 32 square feet.
(5) 
Lighted signs, where permitted, shall not include exposed bulbs or tubings or flashing lights.
(6) 
In this zone, the trim or framing device shall be included in calculating the sign area permitted.
(7) 
During the construction of a single building, one sign may be maintained on the construction site by each of the contractors and subcontractors concerned, provided that such sign does not exceed six square feet in area. Termination of the construction shall be determined by the Construction Code Official.
(8) 
Any sign placed or erected on any lot pursuant to the provisions of this Subsection A which shall advertise sale of the premises erected on the lot where the sign shall be placed shall be removed within 30 days after a bona fide contract of sale shall be signed for the sale of such lot.
B. 
Signs in commercial zones.
(1) 
No signs, billboards, advertising structures or similar items are permitted, except as follows:
(a) 
Those permitted under Subsection A.
(b) 
Premises or point-of-sale signs, including illuminated or lighted types but excluding flashing or moving signs, are permitted, provided that:
[1] 
There shall be on any parcel or use no more than two signs with an aggregate area not exceeding 40 square feet plus 10% of the sign area for border area, and the aggregate length of the sign or signs shall not exceed 12 feet.
[2] 
No attached sign shall project more than five feet beyond the building line or more than six feet beyond the face of any building.
(2) 
In addition to the signs mentioned in this subsection, signs may be painted upon or attached to the exterior commercial structure, provided that it or they may not exceed in total over 10% of the ground floor plan (with a maximum of 3,000 square feet in any event) actually devoted to the business described in such sign, and provided further that a sign may be more than five feet in height if its width does not exceed five feet. No sign thus arranged vertically shall exceed 12 feet from the bottom of the sign.
(3) 
A point-of-sale sign may be erected on any commercially zoned property owned by the proprietor of a business conducted on that property.
(4) 
Application for any permanent sign shall be made to the Construction Code Official, accompanied by an application fee as required in Chapter 21, Land Use Procedures, § 21-46, for each of the signs referred to in Subsections A(1)(c) and (d) and (4) and B(1)(b).
(5) 
In making application for any freestanding sign, the applicant shall provide to the Construction Code Official a plot plan or survey of the property not over one year old or, if such survey or plot plan is over one year old, it shall be accompanied by an affidavit sworn under oath by the applicant that the plot plan or survey remains accurate and that no changes have been made in the property. Such survey or plot plan shall be certified to and sealed by a licensed surveyor or engineer of the State of New Jersey.
C. 
Political signs. Signs bearing a political message are permitted in all zones under the following conditions:
(1) 
No such signs shall exceed 16 square feet in total area.
(2) 
Any sign espousing any political candidate for public office shall be removed within 48 hours following the closing of the polls for the election of that candidate to the office to which that candidate aspires.
(3) 
Signs bearing a political message in support of or in opposition to any public question to be voted on at any election shall be removed within 48 hours following the closing of the polls at which such question is voted upon by the electors.
(4) 
Any political message not addressing itself to a question to be voted upon by the electorate may be maintained for a reasonable period of time, following which it shall be promptly removed upon order of the Mayor and Council. The Mayor and Council may delegate their power to order removal to the Chief of Police, the Zoning Officer or such other municipal employee as they may from time to time by resolution designate. In determining the reasonableness of the period of time the Mayor and Council or their designee shall weigh the following factors:
(a) 
The timeliness of the message as it pertains to current public political discussions, with reference to media coverage and the general timeliness of the topic.
(b) 
The impact of the message on present or potential residents and property owners of the Borough of Barnegat Light.
(c) 
The absence of the creation of a clear and present danger to persons or properties.
(d) 
The likelihood of the message to incite an immediate breach of the peace.
D. 
Signs prohibited in the public right-of-way. No sign shall be placed by any person within any public right-of-way or street right-of-way within the Borough of Barnegat Light. Additionally, no signs shall be placed on any property owned by the Borough of Barnegat Light unless authorization is received from the appropriate officials of the Borough of Barnegat Light. This prohibition shall not apply to signs placed on behalf of or by any political subdivision of the State of New Jersey or the State of New Jersey. Nor shall this prohibition apply to temporary signs placed in connection with construction on a right-of-way or made necessary because of said construction. Preexisting signs shall be afforded nonconforming structure protection provided by § 215-15 of this chapter.
[Added 3-27-1995 by Ord. No. 95-138]
A. 
Stockade or solid. A stockade or solid fence is permitted only on the rear line of lots and on the rear 2/3 of lot side lines; provided, however, that where a side line is also a street line as the result of a lot being a corner lot, the stockade fence is not permitted along the street side line.
B. 
Post and rail. A post and rail fence or a fence which has an opacity ratio of 50% or such greater open ratio may be permitted along any lot line subject to the further provisions of this section.
C. 
Height of fences. No fence shall be hereafter erected in the Borough of Barnegat Light except in conformance with the following height restrictions:
(1) 
In residential zones no fence shall be erected in the area of any lot which is required to be a front yard, side yard or rear yard exceeding four feet in height above the crown of the street on which lot abuts; provided, however, that where a residential zone abuts a commercial zone the height limitation along the boundary line between the residential and commercial zone shall be increased to six feet above the established grade of the crown of the street upon which the residential property faces when the fence is to be erected by the owner of the residential property and the commercial property is used for a permitted commercial use.
(2) 
The Zoning Board of Adjustment, upon variance application or application for site plan approval or a special use permit, and the Planning Board, upon application for site plan approval or a special use permit, may permit the erection of a fence exceeding the height limitations herein imposed upon proof by the applicant of compliance with the following criteria:
(a) 
The fence shall not interfere with the free flow of light and air to any adjoining property.
(b) 
The erection of the fence shall not cause a fire or safety hazard by preventing access to adjoining properties by fire or emergency personnel.
(c) 
The erection of the fence shall not impair the intent and purpose of the zone plan and this chapter.
(d) 
The erection of the fence shall not impair the value of adjoining properties.
D. 
Fence permit. In all cases, a fence permit shall be obtained from the Zoning Officer. Where any fence permit is sought to erect a fence on the border between two abutting properties, a plot plan prepared by a licensed surveyor of the State of New Jersey shall be provided to the Zoning Officer showing the proposed location of the fence, and the location of the fence shall be staked out and established on the site by the surveyor providing the plot plan.
[Added 11-9-2016 by Ord. No. 2016-012]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
PERSON
Individuals, partnerships, voluntary associations and corporations.
PODS
Any temporary storage units which are the equivalent of trailers without wheels or of a lesser size and are typically used for storage or transport of personal property.
B. 
Permit required; fee. It shall be unlawful for any person to store, park or place any storage pod upon any residential property within the Borough of Barnegat Light without first filing for a permit with the Barnegat Light Zoning Department containing the information hereinafter specified and obtaining from such clerk made permit to do so, which shall be known as a "pod permit." The fee for such permit is hereby fixed at $50 for each issuance. Such filing shall be made at least 48 hours prior to the placement of the pod upon the property within the Borough.
C. 
Restrictions on permits.
(1) 
Any temporary storage permit shall be issued for a duration not to exceed 90 days. Any such permit may be reissued for an additional period of 90 days without additional fee but no further reissuance shall take place. In no event shall a pod remain upon a property within the Borough of Barnegat Light beyond the time frame set forth within the permit. In addition, any pod situate upon property shall not infringe upon any setbacks mandated by the local zoning ordinance, with the exception of front yard setback for pods which are placed in a driveway. There will be no pods stored on Borough of Barnegat Light streets.
(2) 
The use of a pod for the construction or reconstruction of a home for the storage of materials related to that construction may be situated for the duration of the construction, but any such pod for construction-related purposes shall be removed within 30 days after the issuance of a CO/CA for the dwelling under construction.
D. 
Display permit. Each permit issued under this chapter must be prominently displayed on the premises upon which the pod is located during the entire period the pod remains upon the property.
E. 
Information to be filed. The information to be filed with the Borough Clerk pursuant to this chapter shall be as follows:
(1) 
Name of the person, firm, group, corporation, association or organization renting or owning the pod who has responsibility for the placement and removal of the pod.
(2) 
Name of the owner of the property upon which the pod is to be located and the consent of the owner if the permit applicant is other than the owner.
(3) 
Location upon the property in which the pod is to be located.
(4) 
Date upon which the pod shall be removed from the property.
(5) 
Purpose for which the pod is to be placed upon the property.
(6) 
Sworn statement or affirmation by the person requesting the permit that the information there and given his full and true and known by him or her to do so.
F. 
Restrictions:
(1) 
There will be no double stacking of pods.
G. 
Waiver of requirements. Upon application by any bona fide charitable, educational, cultural or governmental institution or organization, the Mayor and Council may waive any or all of the requirements of this chapter, provided that the burden of establishing eligibility for such a waiver shall be on the organization applying for the waiver.
H. 
Enforcement. This chapter shall be enforced by Code Enforcement and/or the Zoning Officer or any other law enforcement entity having jurisdiction within the Borough of Barnegat Light.
I. 
Violations and penalties. Violation of this chapter shall be punishable as provided in Chapter 1, General Provisions.
A. 
Exceptions to height limits. Structures on the roof of a building, such as water tanks, ventilating fans, air-conditioning equipment, towers, steeples, flagpoles, chimneys, wireless masts or other similar structures, may exceed the height limits prescribed in this chapter by six feet; provided, however, that antennas may exceed the height limitation prescribed in this chapter by 20 feet.
B. 
Exceptions to area requirements. A single-family dwelling may be constructed in a district where permitted on any lot shown on a recorded subdivision plat or any lot of official record on the effective date of this chapter, the owner of which does not own any adjoining lot or adjacent land, provided that, in the opinion of the Board of Adjustment, the lot area and proposed yard requirements of this chapter for the district in which such lot is located are met. If the owner of a lot of substandard size owns adjacent lots or parcels it shall be considered as a single lot area, and yard space provisions of this chapter shall apply.
[Amended 7-16-1997 by Ord. No. 97-8]
C. 
Exceptions to setback requirements. Setbacks on lots fronting on culs-de-sac shall be computed by measuring back on each side line the required distance and then striking a line between the two points, provided that in no event shall any building be erected less than 15 feet from the street line.[1]
[1]
Editor's Note: Former § 14-12A, Regulation of satellite earth stations, added 8-11-1986 by Ord. No. 86-11, which immediately followed this subsection, was deleted 7-16-1997 by Ord. No. 97-8.
A. 
Continuances. Except as otherwise provided in this section, the lawful use of land or buildings existing may be continued although such use or building does not conform to the regulations specified by this chapter for the zone in which the land or building is located; provided, however, that:
(1) 
No nonconforming lot shall be further reduced in size without a variance.
(2) 
No nonconforming building which was erected pursuant to and in conformity with the Zoning Ordinance shall be enlarged or altered in a manner which would increase the degree of nonconformity without a variance. Where the owner of a nonconforming building as stated herein seeks a building permit which will enlarge or alter the building but not increase the degree of nonconformity, plans for the proposed enlargement or alteration shall be provided to the Zoning Officer, who shall issue a certificate that the proposed enlargement or alteration will not increase the degree of nonconformity. If the Zoning Officer finds that the enlargement or alteration will increase the degree of nonconformity, he shall issue a certificate so stating, and no building permit shall then be issued without prior approval by the Zoning Board of Adjustment or the Planning Board of the Borough of Barnegat Light, in the appropriate case.
(3) 
No nonconforming use may be expanded without a variance.
B. 
Abandonment. A nonconforming use shall be adjudged as abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within the period of one year from the date of cessation or discontinuance. Such use shall not be reoccupied except in conformity with this chapter.
C. 
Restoration. Any nonconforming use or structure existing at the time of passage of an ordinance may be restored or repaired in the event of partial destruction thereof.
D. 
Reversion. No nonconforming use shall, if once changed into a conforming use, be changed back again to a nonconforming use.
E. 
District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.
A. 
Enforcement. The provisions of this chapter shall be administered and enforced by the Zoning Officer of the Borough of Barnegat Light. 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 and his duly authorized assistants, if any, 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 provisions of this chapter. Said Zoning Officer or his assistants, if any, shall make necessary inspections of any building or premises during the daytime in the course of his or their duties. Anything herein contained to the contrary notwithstanding, the Zoning Officer shall review the plans submitted by the applicant to determine whether they comply with the provisions of the land use ordinances of the Borough of Barnegat Light. The Zoning Officer shall certify compliance or shall reject the plans for noncompliance within 10 days of their submission to him, and a failure to reject the plans for noncompliance within such ten-day period shall result in an automatic certification of compliance.
B. 
Zoning Official.
(1) 
There is hereby created in the Borough of Barnegat Light the position of Zoning Officer, who shall have the following duties:
(a) 
To enforce the zoning ordinances of the Borough of Barnegat Light.
(b) 
To issue zoning permits in accordance with this chapter.
(c) 
To answer all inquiries with regard to zoning questions in the Borough of Barnegat Light.
(d) 
To keep a record of all applications for permits and of all permits and certificates issued with a notation of all special conditions involved.
(e) 
To collect and record fees for zoning permits.
(f) 
To prepare a monthly report for the Mayor and Council summarizing all activities of the previous month concerning the duties of the Zoning Officer.
(2) 
The Zoning Officer shall be deemed to be the administrative officer as defined in N.J.S.A. 40:55D-3 and shall issue certifications on behalf of the Borough of Barnegat Light certifying whether or not a subdivision has been approved by the Planning Board in accordance with N.J.S.A. 40:55D-56.
(3) 
The Zoning Officer shall conduct field inspections and special investigations to ensure compliance with the zoning ordinances and the various land use ordinances of the borough and initiate necessary legal action against violators of such ordinances in the Municipal Court and, with the prior approval of the Mayor and Council, in the Superior Court of New Jersey.
C. 
Term of office. The term of office of the Zoning Officer shall be for one year commencing January 1 of the year of appointment and ending December 31, and such Zoning Officer shall continue to serve until his successor shall be appointed and qualified. The Zoning Officer shall receive an annual salary as may from time to time be fixed by the Mayor and Council in the Salary Ordinance of the borough.
D. 
Permits.
(1) 
Conditional use permits.
(a) 
Applications for any conditional use permit as permitted by this chapter shall be made to the Planning Board, except when such an application includes an application for approval of a variance pursuant to N.J.S.A. 40:55D-70d before the Board of Adjustment, in which case such application for a conditional use permit shall be made to the Board of Adjustment. The appropriate board may thereafter direct the Construction Code Official to issue such permit if in its judgment the issuance of the same will not be detrimental to the health, safety and general welfare of the borough and is deemed necessary for its convenience.
(b) 
In approving any such application the appropriate board may impose any conditions that it deems necessary to accomplish the reasonable application of applicable standards as provided in this chapter and may deny any such application, but only in accordance with the standards.
(2) 
Certificates of occupancy. Certificates of occupancy shall be used by the Construction Code Official in the manner prescribed in the Building Code. No building may be occupied until a certificate of occupancy is issued.
(3) 
Zoning permits.
[Amended 6-14-1985 by Ord. No. 85-9; 12-13-2017 by Ord. No. 2017-017]
(a) 
No construction, alteration or excavation for any building or other structure, nor any use of building or land, nor addition or alteration of impervious coverage surfaces, shall be begun without the issuance of a permit by the Zoning Officer indicating that the proposal is in compliance with the provisions and requirements of this chapter.
(b) 
All applications for a zoning permit shall be made on forms provided by the Zoning Officer and shall contain such information as he shall require in order to make a determination as to whether the zoning permit should be issued.
(c) 
Before a certificate of occupancy is issued for any new construction, including residential, industrial or commercial, a certified location survey must be submitted to the Zoning Officer showing that the location of the completed structure, including all additions or alterations of impervious coverage surfaces, complies with all setback, side yard, backyard and all other provisions of this chapter.
[Amended 8-11-1986 by Ord. No. 86-12; 11-18-2009 by Ord. No. 09-12]
A. 
Certificate of zoning occupancy required. No transfers of title by an owner or change in use or occupancy of any real property within the Borough of Barnegat Light shall take place unless and until a new certificate of zoning occupancy has been obtained from the office of the Borough's Zoning Officer for any existing structure located thereon and used for commercial or residential purposes. It shall be the obligation of the record owner of said real property to first obtain the new certificate of zoning occupancy prior to the transfer of title. No person, persons, partnership, firm or corporation, agents, servants or representatives of any of the foregoing shall suffer or allow any person, persons, partnerships, firm or corporation to occupy any structure used for commercial or residential purposes within the Borough without first having obtained a new certificate of zoning occupancy.
B. 
Zoning inspection. Prior to the transfer of title of any existing commercial or residential structure, application for a new certificate of zoning occupancy shall be made by the record owner, in writing, to the Borough's Zoning Officer, or any other person designated by him. The applicant shall permit the Borough's Zoning Officer, or any other person designated by him, to enter upon and examine the structure or structures subject to the certificate of occupancy application in order that the Borough's Zoning Officer, or any other person designated by him, may determine if the structure conforms to zoning ordinances of the Borough as a permitted use or, if not a permitted use, then determine if said structure exists as a valid nonconforming use. No certificate of occupancy shall be issued until such inspection shall have been made and a certification filed with the Borough's Zoning Officer, or any other person designated by him, that the use of said building or buildings complies with this chapter or is a valid preexisting nonconforming use. The Borough's Zoning Officer, or any other person designated by him, shall also conduct a plumbing count and visual inspection for any life safety issues which may be present. No certificate of zoning occupancy shall be issued where such inspections are denied or restricted by the property owner or occupant. No certificate of zoning occupancy shall be issued where there exists any life safety violation unless and until the same is corrected.
C. 
Application. The applicant shall be required to complete an application to be filed with the Borough's Zoning Officer, and to file said application together with the fee as required by Chapter 21, Land Use Procedures, § 21-46. The application shall also be accompanied by a current plot plan or survey of the property prepared by a licensed surveyor of the State of New Jersey within one year prior to its submission. An elevation certification shall also be required to be submitted with the plot plan or survey. If the plot plan or survey is older than one year, it shall be accompanied by an affidavit, sworn under oath by the applicant, that the plot plan or survey accurately reflects the subject property at the time of the application and that no changes have been made in the property from the condition as shown in the plot plan or survey.
Any violation of any preexisting or prior ordinance of the Borough of Barnegat Light shall not be waived or forgiven as a result of the adoption of this chapter, and any violations of such previous Zoning Ordinance may, within limitations, still be prosecuted.
[Added 6-14-1985 by Ord. No. 85-9]
A. 
A violation of this chapter shall be punishable as provided in Chapter 1, General Provisions, § 1-15.
[Amended 7-16-1997 by Ord. No. 97-8]
B. 
Additional remedy; injunction. The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.