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.
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 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.
DETACHED GARAGEA building or structure separate and apart from the main building or structure on the lot and used for accessory purposes as above.
B.
ATTACHED GARAGEA 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 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.
PREMISES OR POINT-OF-SALE SIGNAny 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.
DIRECTIONAL SIGNAn 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.
[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.
BEACH
(1)
Gently sloping unvegetated areas of sand or
other unconsolidated material that extend landward from the mean high
water line to either:
(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.
[Amended 4-12-1985 by Ord. No. 85-5]
See Schedule A, attached hereto and made a part
hereof.
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
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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]
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. The Zoning Map prepared by Owen, Little & Associates,
Inc., is hereby adopted as the Official Zoning Map for the Borough
of Barnegat Light.
[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.
[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.