Borough of Bay Head, NJ District Regulations

No structure shall be erected, moved, structurally altered, rebuilt, added to or enlarged, nor shall any land be designed or used for any purpose other than as permitted in each zone by this chapter, nor shall any open space or yard surrounding any building be encroached upon or reduced in any manner except in conformity to the yard, lot area, building location, percentage of lot coverage and such other regulations hereinafter designated for the zone in which the building or open space is located.

No open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing open space for any other building.

In no instance shall there be more than one residential building on each lot of record.

An accessory building in a residential zone shall be subject to the following requirements:

[Amended 10-4-1994 by Ord. No. 1994-10; 11-8-1995 by 1995-11; 9-16-2003 by Ord. No. 2003-6]

(1)

It shall not be located in any required front yard space.

(2)

Detached accessory buildings shall not exceed one story or 16 feet in height

(3)

The minimum distance of any accessory building from an adjacent building shall be five feet.

(4)

Any detached accessory building may become attached to the principal building if it is attached by habitable space and conforms to the requirements of this chapter for the principal building.

(5)

There shall not be more than one accessory building on each lot. A zoning permit must be obtained for all accessory buildings, including sheds.

(6)

Tents, cabanas and similar forms of temporary structures shall be permitted for a period of up to 10 days within any twelve-month period. These temporary structures shall be permitted only upon the issuance of a zoning permit by the Zoning Officer.

(7)

An accessory building shall not have interior plumbing except for purposes of clothes washers, dryers and work sinks.

Every principal building shall be built upon a lot fronting upon a street.

[Amended 11-19-1996 by Ord. No. 1996-5]

Fences or walls shall not exceed three feet in height above ground level, nor shall any obstruction to vision other than a post or tree not exceeding one square foot in cross-section area exceed three feet in height above the ground level within the area bounded by the street line and the required setback line from the street, measured in accordance with the provisions of § 147-5, with such setback line extending to the side lot lines. Fences which are located outside the area defined in the preceding sentence and which enclose all or part of the side or rear yard area of a lot shall not exceed six feet in height. The height limitation of this subsection shall not apply to an arch above an opening of a fence as herein defined. An "arch" shall mean a typically curved structural member spanning a fence opening, which opening shall not exceed 36 inches in width, but shall not include an "arbor," which shall mean a structure or latticework with depth and length for climbing shrubs, vines or branches. In no case shall the highest point of the arch exceed eight feet from ground level. A zoning permit must be obtained for all fences.

[Amended 10-4-1994 by Ord. No. 1994-10; 3-3-1998 by Ord. No. 1998-2; 9-16-2003 by Ord. No. 2003-6; 4-2-2012 by Ord. No. 2012-01]

The height limitations of this chapter shall not apply to church spires, belfries, cupolas or domes, none of which are to be used for human occupancy; nor to chimneys, ventilators, skylights, water tanks and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall not exceed in coverage 20% of the total roof area and shall not exceed a height such as is necessary to accomplish the purpose which they are to serve and must be specifically approved by the Planning Board.

No principal building nor any part of a building, including decks, shall be erected or shall project into any required yard area in any zone, except that:

[Amended 11-17-1987 by Ord. No. 1987-16; 6-6-1988 by Ord. No. 1988-6; 10-4-1994 by Ord. No. 1994-10; 11-8-1995 by Ord. No. 1995-11; 11-20-2001 by Ord. No. 2001-8; 9-16-2003 by Ord. No. 2003-6]

(1)

A patio, terrace or deck constructed 12 inches or less above ground level, excluding uncovered steps leading therefrom, may extend into a required front yard not more than four feet, except for those bay-front lots with boardwalks behind bulkheads which protect the tops of bulkheads and protect against personal injury from otherwise exposed tie-rods. In no case shall a patio, terrace, or deck constructed 12 inches or less above ground level extend into a required rear or side yard setback closer than three feet to the property line. The height of the deck shall be the vertical distance measured from the average elevation of the preconstruction grade level at the perimeter of the deck to the walking surface of the deck structure.

[Amended 9-21-2009 by Ord. No. 2009-09; 4-3-2023 by Ord. No. 2023-05]

(2)

A buttress, cornice, pier or pilaster of a building may not project into a required front, side or rear yard. Chimneys and bay windows may project not more than two feet into a required front, side or rear yard. Eaves may project not more than one foot into a required front, side or rear yard setback.

[Amended 4-3-2023 by Ord. No. 2023-05]

(3)

Open fire escapes may project not more than three feet onto a required front or rear yard. Open fire escapes may not project into any side yard, except if there is no other reasonable means available for placement of the fire escape. Reasonableness in such case shall be determined by the Construction Official upon a review of the plans.

(4)

(Reserved)[1]

[1]

Editor's Note: Former Subsection A(4), regarding uncovered steps, ramps, platforms, or landings, as amended, was repealed 7-5-2016 by Ord. No. 2016-16.

(5)

Decks. All decks, whether attached or unattached to a structure, constructed more than 12 inches above ground level, as measured in accordance with Subsection H(1) above, must comply with any front, side and/or rear yard requirements and any other bulk requirements as set forth in the Bay Head Code for the structure to which the deck will be attached, including the provisions of Chapter 75, Article II, Protection of Beaches and Dunes, regarding dune protection. A balcony or deck, including the railing, may be provided above the floor level of the second story of the principal building, provided no portion of it extends above the roof peak; and provided, further, that the balcony or deck surface, exclusive of stairs which lead to the balcony or deck, does not exceed 75 square feet. In addition to the preceding standards, on buildings which have a floor above the second story, the deck or balcony, including the railing, shall not extend higher than the uppermost portion of the highest window of that level. No balcony or deck above the second story shall be cantilevered.

[Amended 4-3-2023 by Ord. No. 2023-05]

No lot shall be so reduced so that the area or dimensions of the lot reduced or created shall be less than herein prescribed by this chapter.

No dwelling or dwelling unit in any zone shall be rented to or occupied by any group of persons not qualifying as a family as defined in § 147-2 of this chapter.[2]

[2]

Editor's Note: Original Subsection K, as amended 6-1-1987 by Ord. No. 1987-11, which dealt with hedges, fences or walls, was repealed 10-4-1994 by Ord. No. 1994-10.

No structure shall be erected, structurally altered, rebuilt, added to or enlarged for use as an apartment, two-family dwelling, multiple-family dwelling, motel, motor court, auto court or boatel in any zone hereinafter described.

Any and all electronic transmitting and receiving equipment must comply with the bulk requirements of the zoning ordinances of the Borough of Bay Head.

[Added 9-17-1985 by Ord. No. 1985-14; amended9-16-2003 by Ord. No. 2003-6]

There shall be only one principal use on any lot, except that in a business zone more than one principal use may exist within a single building, provided that there is a minimum of 500 square feet per principal use. A lot in the business zone shall be allowed to have one residential unit. The residential unit must be contained within and be part of the principal structure permitted for the business use.

[Added 8-5-1986 by Ord. No. 1986-9; amended 12-2-2008 by Ord. No. 2008-16]

There shall be no outside display of or sale of goods or merchandise of any kind within the Borough of Bay Head within an area within 20 feet back from the curb of any street, except for the sale of newspapers, the display of flowers and plants and the sale and service of food in connection with a restaurant. In addition, there shall be no sign, device, machine or other items, goods or merchandise of any kind displayed or located within the area from the curb of any street back through the entire sidewalk right-of-way area. All raffles, flea markets, fire company events or governmental activities approved by the Mayor and Council shall not be subject to the terms hereof.

[Added 8-6-1985 by Ord. No. 1985-8]

Affordable Housing Fair Share Plan.

[Added 3-30-1993 by Ord. No. 1993-3; amended 8-1-2000 by Ord. No. 2000-4]

(1)

The Affordable Housing Fair Share Plan imposes a mandatory set-aside of 10% low-income housing and 10% moderate-income housing for any multiple-family dwelling development consisting of 10 units or more which may be approved for development either through the granting of a use variance or through a change in this subsection to permit such a use. If such housing is developed, it shall be subject to all the affordability controls, income restrictions and other rules and regulations of the New Jersey Council on Affordable Housing. As with the housing rehabilitation program, any affordable housing developed under these conditions would be administered by the Borough of Bay Head.

Contiguous lot ownership. Where two or more lots have any contiguous lines and are in single ownership and one or more of the lots is nonconforming in any aspect, the lots involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be conveyed or divided except through the filing of an approved subdivision in accordance with the provisions of this chapter.[3]

[Added 11-8-1995 by Ord. No. 1995-11]

[3]

Editor's Note: Former Subsection Q, regarding the sale of cannabis, which immediately followed, was repealed 6-7-2021 by Ord. No. 2021-08.

[4]Dumpsters and temporary storage.

[Added 12-5-2022 by Ord. No. 2022-14; amended 3-6-2023 by Ord. No. 2023-02]

(1)

When a dumpster or temporary storage container is used, a permit shall be required.

(2)

Dumpsters shall be permitted for up to one year per location.

(3)

Temporary storage containers or short-term dumpsters are permitted for up to seven days.

(4)

Permit fees are set forth in Article XVI of this chapter.

[4]

Editor's Note: Former Subsection Q, regarding the sale of cannabis, was repealed 6-7-2021 by Ord. No. 2021-08.

§ 147-6.1 Permitted uses in all residential zones.

[Added 9-16-2003 by Ord. No. 2003-6]

Principal uses and buildings permitted in all residential zones shall be as follows:

[Amended 12-20-2010 by Ord. No. 2010-17]

(1)

Single-family detached dwellings.

(2)

Public parks and recreation facilities.

(3)

Municipal buildings and other municipal uses as are deemed necessary and appropriate by the governing body of the Borough.

(4)

Public and parochial schools.

Accessory uses and buildings permitted in all residential zones shall be as follows:

(1)

Private garages, carports or other accessory structures on the same lot with, and customarily incidental to, the principal building or use.

(2)

The offices of a member of a recognized profession who is in residence on the lot, provided that the total floor area, including that in accessory structures, devoted to office space shall not exceed 50% of the habitable ground floor area of the principal building on the lot.

(3)

Home occupations, provided that:

(a)

Noise or other objectionable characteristics incident thereto shall not be discernible beyond the boundaries of the lot, nor shall any such home occupation be conducted out of doors.

(b)

Not more than one person shall be engaged in such home occupation at any time.

(c)

The total floor area, including that in accessory structures, devoted to any permitted home occupation shall not exceed 25% of the habitable ground floor area of the principal building on the lot.

(4)

Swimming pools, hot tubs, water features and solar cover storage.

[Amended 4-2-2012 by Ord. No. 2012-01; 2-9-2015 by Ord. No. 2015-01; 4-3-2023 by Ord. No. 2023-05]

(a)

No swimming pool shall be constructed or placed in any lot except as follows:

[1]

Except as otherwise provided in this section, swimming pools shall be located behind the front building setback line and shall not infringe upon the required minimum accessory building setback line.

[2]

Notwithstanding Subsection B(4)(a)[1] above, a swimming pool may be located in the front yard of lots abutting the Barnegat Bay and Atlantic Ocean, provided that no swimming pool extending one foot or less above grade shall be located closer than 20 feet to a bulkhead or revetment of a tidal water body or street line. No swimming pool extending greater than one foot above grade shall be located closer than 35 feet to a bulkhead or revetment to supersede the requirements of Chapter 75, Article II, Protection of Beaches and Dunes.

[3]

No swimming pool shall be located closer than 20 feet to any street line.

[4]

All swimming pool setbacks shall be measured from the inside of the edge of the coping or the water line, whichever is closer.

[5]

Hot tubs, water features and cover storage shall meet the minimum setbacks for swimming pools.

(b)

Swimming pools shall be enclosed by a continuous fence. The fence shall have a minimum height of four feet (48 inches) and a maximum height of six feet (72 inches).

Area, yard and building requirements shall be as specified for in the Schedule, heretofore adopted by § 147-5 of this chapter, unless otherwise permitted by this chapter.

Off-street parking, loading and vehicular access shall be as follows:

(1)

As specified in § 147-13 of this chapter as defined for that particular use.

(2)

Signs shall be as specified in § 147-14 of this chapter.

§ 147-7 R-100 Single-Family Residential Zone.

[Amended 10-4-1994 by Ord. No. 1994-10; 11-8-1995 by Ord. No. 1995-11; 8-5-1997 by Ord. No. 1997-6; 3-16-1999 by Ord. No. 1999-4; 9-16-2003 by Ord. No. 2003-6]

The following regulations shall apply in the R-100 Zone:

Principal uses and buildings permitted shall be as specified in § 147-6.1A.

Accessory uses and buildings permitted shall be as specified in § 147-6.1B.

Area, yard and building requirements shall be as specified for this zone in the Schedule, heretofore adopted by § 147-5 of this chapter, unless otherwise permitted by this chapter.

Off-street parking, loading and vehicular access shall be as follows:

(1)

As specified in § 147-13 of this chapter as defined for that particular use.

(2)

Signs shall be as specified in § 147-14 of this chapter.

§ 147-7.1 R-100-BF Single-Family Residential Bay Front Zone.

[Added 9-16-2003 by Ord. No. 2003-6]

The following regulations shall apply in the R-100-BF Zone:

Principal uses and buildings permitted shall be as specified in § 147-6.1A.

Accessory uses and buildings permitted shall be as specified in § 147-6.1B.

Area, yard and building requirements shall be as specified for this zone in the Schedule, heretofore adopted by § 147-5 of this chapter, unless otherwise permitted by this chapter.

Off-street parking, loading and vehicular access shall be as follows:

(1)

As specified in § 147-13 of this chapter as defined for that particular use.

(2)

Signs shall be as specified in § 147-14 of this chapter.

§ 147-7.2 R-100-OF Single-Family Residential Oceanfront Zone.

[Added 9-16-2003 by Ord. No. 2003-6]

The following regulations shall apply in the R-100-OF Zone:

Principal uses and buildings shall be as specified in § 147-6.1A.

Accessory uses and buildings shall be as specified in § 147-6.1B.

Area, yard and building requirements shall be as specified for this zone in the Schedule, heretofore adopted by § 147-5 of this chapter, unless otherwise permitted by this chapter.

Off-street parking, loading and vehicular access shall be as follows:

(1)

As specified in § 147-13 of this chapter as defined for that particular use.

(2)

Signs shall be as specified in § 147-14 of this chapter.

For properties which abut the Atlantic Ocean, the front yard setback line shall be specific to each property and is depicted on the Borough of Bay Head Land Use Appendix B, Oceanfront Properties—Front Yard Setback Map. Notwithstanding this provision, construction east of the front yard setback line that had been lawfully erected pursuant to a permit granted by the Borough prior to the enactment of this chapter may be left in place and shall not be deemed to violate this chapter. This exception shall not apply to construction within any easement area associated with the USACE Beachfill and Dune Project.

[Amended 4-6-2020 by Ord. No. 2020-05]

For the purpose of this section, the landward edge of the dune shall be specified and defined in Chapter 75 (Beaches).

§ 147-8 R-50 Single-Family Residential Zone.

[Amended 11-20-2001 by Ord. No. 2001-9; 9-16-2003 by Ord. No. 2003-6]

The following regulations shall apply in all R-50 Zones:

Principal uses and buildings shall be as specified in § 147-6.IA.

Accessory uses and buildings shall be as specified in § 147-6.1 B.

Area, yard and building requirements shall be as specified for this zone in the Schedule, heretofore adopted by § 147-5 of this chapter, unless otherwise permitted by this chapter.

Off-street parking, loading and vehicular access shall be as follows:

(1)

As specified in § 147-13 of this chapter as defined for that particular use.

(2)

Signs shall be as specified in § 147-14 of this chapter.

§ 147-9 B & B Bed-and-Breakfast Zone.

[Amended 11-3-1993 by Ord. No. 1993-10; 9-16-2003 by Ord. No. 2003-6]

The following regulations shall apply in all B & B Zones.

Principal uses and buildings permitted shall be as follows:

(1)

Any use specified in § 147-6.1A.

(2)

Bed-and-breakfast inns which are residential in appearance.

Accessory uses and buildings shall be as specified in § 147-6.1B.

Area, yard and buildings requirements shall be as specified for this zone in the Schedule, heretofore adopted by § 147-5 of this chapter, unless otherwise permitted by this chapter.

Off-street parking, loading and vehicular access shall be as follows:

(1)

As specified in § 147-13 of this chapter as defined for that particular use.

(2)

Signs shall be as specified in § 147-14 of this chapter.

§ 147-10 B-1 General Business Zone.

[Amended 11-3-1993 by Ord. No. 1993-10; 10-4-1994 by Ord. No. 1994-10; 7-6-1999 by Ord. No. 1999-9; 9-16-2003 by Ord. No. 2003-6]

Principal uses and buildings permitted shall be as follows:

(1)

Any use specified in § 147-6.1A.

(2)

Retail stores, shops and markets; provided, however, stores selling firearms or similar weapons are specifically prohibited.

(3)

Service establishments, such as barbershops, beauty shops, tailoring and dressmaking shops, shoe repair shops and dry-cleaning and laundry services; provided, however, businesses offering to provide body tattoos and body piercing services, excluding acupuncture, are specifically prohibited.

(4)

Banks and other financial institutions.

(5)

Business and professional offices.

(6)

Restaurants and eating and drinking establishments, but only upon application for a conditional use permit in accordance with the standards as specified in § 147-17 of this chapter.

(7)

Shops of a plumber, electrician or similar tradesman.

(8)

Music, art and dance studios.

(9)

Parking lots for private passenger vehicles, but not for the storage of vehicles for sale or hire.

Permitted accessory uses shall be as follows:

(1)

Any use specified in § 147-6.1B.

(a)

The maximum floor area percentage limitations on structures devoted to professional or home occupation uses shall not apply.

(b)

The dwelling which is combined with a professional use or home occupation use shall contain not less than 600 feet of habitable floor area.

(c)

The number of employees engaged in such permitted home occupations shall not be limited.

(2)

Garages to house commercial vehicles normally associated with a permitted business use.

(3)

Other customary uses and structures which are clearly incidental to the principal use and structure.

Area, yard and building requirements shall be as specified in the Schedule, heretofore adopted by § 147-5 of this chapter, unless permitted otherwise by this chapter.

Off-street parking, loading and vehicular access shall be as follows:

(1)

Off-street parking space for the use of patrons and employees as further detailed in § 147-13 of this chapter.

Signs shall be as specified in § 147-14 of this chapter.

§ 147-11 B-2 Marine Commercial Zone.

[Amended 10-4-1994 by Ord. No. 1994-10; 9-16-2003 by Ord. No. 2003-6]

The following regulations shall apply to all B-2 Zones:

Principal uses and buildings permitted shall be as follows:

(1)

Any use specified in § 147-6.1A.

(2)

Marine services such as dockage, boat hauling, boat sales and boat repairs, provided that:

(a)

No toxic or corrosive fumes, gas, smoke, odors or vapors shall be emitted and no offensive noise, vibration, glare or flash shall be created which can be smelled, heard or seen beyond the premises and no objectionable effluent shall be discharged beyond the premises.

(b)

Not over 10 horsepower shall be employed in operating machinery in any one building for each 2,500 square feet.

(c)

Only electric motor power shall be used for operating machinery.

(d)

A "slip" is defined as the storage location for one vessel, be it in the water, on a rack or on a parked trailer.

(3)

Marine gasoline stations on bulkheads or docks, but only upon application for a conditional use permit in accordance with the standards specified in § 147-17 of this chapter.

(4)

Outside storage of boats. Other than small sailing dingys or small light sailing boats, rack storage of boats such as outboard or inboard-outboard boats will be limited to two levels. All storage must comply with appropriate setback provisions for the zone. By definition, a boat in rack storage or stored on land on a trailer will be considered in the same manner as a boat in a slip in the water.

(5)

Boat sales.

(6)

Marine engine sales and repairs.

(7)

Marine supplies and equipment sales.

(8)

Automobile parking lots.

(9)

Yacht clubs.

(10)

Quasi-public buildings and recreation areas, but only upon application for a conditional use permit in accordance with the standards specified in § 147-17 of this chapter.

Permitted accessory uses and buildings shall be as follows:

(1)

Any accessory use specified in § 147-6.1B.

(2)

Snack bars or coffee shops in conjunction with and clearly incidental to any marine use, provided that:

(a)

Such snack bars or coffee shops shall be completely within an enclosed building and shall not have any exterior drive-in or walk-up facilities.

(b)

Not more than 30% of the building in which the snack bar or coffee shop is located shall be devoted to such use, and in no case shall more than 450 square feet be devoted to such use.

Area, yard and building requirements shall be as specified for this zone in the Schedule, heretofore adopted by § 147-5 of this chapter, unless otherwise permitted by this chapter.

Off-street parking, loading and vehicular access shall be as follows:

(1)

As per § 147-13 of this chapter, unless otherwise permitted by this chapter.

(2)

Signs shall be as specified in § 147-14 of this chapter.

§ 147-12 C Conservation Zone.

[Added 11-3-1993 by Ord. No. 1993-10; amended9-16-2003 by Ord. No. 2003-6]

This zone is made up entirely of lands which are in public ownership, most of which are severely constrained due to the presence of wetlands or open waters. The only development permitted in this zone is that which is necessary to support the existing public open space and transportation uses. No other development is permitted.

§ 147-13 Parking, loading and vehicular access.

[Amended 12-16-1986 by Ord. No. 1986-16]

Off-street parking spaces shall be provided on the same lot as the principal use in the following ratios:

[Amended 11-3-1993 by Ord. No. 1993-10; 10-4-1994 by Ord. No. 1994-10]

Use	Minimum Number of Spaces
Single-family dwellings	2 per dwelling unit
Bed-and-breakfast inns	1 per rental unit
Schools, theaters and assemblies	1 per 5 seats
Community centers, libraries and museums	1 per 800 square feet of public floor area
Retail stores	1 per 500 square feet of gross floor area
Personal service establishments	1 per 500 square feet of gross floor area
Business and professional offices	1 per 500 square feet of gross floor area
Restaurants	1 per 4 seats based on maximum capacity
Tradesmen's shops	1 per 2 employees
All other commercial uses	1 per 500 square feet of gross floor area
Marinas [Amended9-16-2003 by Ord. No. 2003-6]	1 per 3 boat slips

All off-street commercial parking space with the capacity of four or more vehicles shall either be treated or paved with a surfacing material so as to be hard-surfaced, adequately drained and dust-free, and shall be screened from adjacent residential lots by means of an evergreen hedge, fence or masonry wall not less than four feet nor more than six feet in height. For all permitted uses in the B-1 District, exclusive of restaurants and eating and drinking establishments, no off-street parking shall be required as long as there is no increase in the gross floor area of the building containing the permitted uses.

[Amended 10-4-1994 by Ord. No. 1994-10]

Parking, loading and access areas shall be located as follows:

(1)

Off-street parking to be provided as specified above shall be provided with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which the principal use is situated and shall not thereafter be encroached upon or reduced in any manner. Such parking areas shall be surfaced with a dustless, durable, all-weather pavement, clearly marked for car spaces, except when provided in connection with one- or two-family uses, and shall be adequately curbed and drained subject to the approval of the Borough Engineer. A driveway serving parking areas on adjoining lots shall not be permitted. Each lot shall accommodate driveway access on site to its required parking area.

[Amended 11-3-1993 by Ord. No. 1993-10]

(2)

Parking areas and driveways thereto required for commercial or industrial uses shall be adequately illuminated during operating hours which occur after sunset. Any adjacent residential zones shall be shielded from the glare of said illumination and that of automobile headlights.

(3)

In B-1 Zones, off-street loading and unloading space shall be provided at the side or rear of the building at the rate of one space for every 5,000 square feet of gross floor area, or fraction thereof, for each business permitted in said zone.

(4)

Parking spaces shall be 9 feet by 18 feet, with adequate ingress and egress.

[Amended 11-3-1993 by Ord. No. 1993-10]

§ 147-14 Signs.

No signs or any other advertising structures shall be permitted in the Borough except as specified in the following subsections.

R-100, R-50 and B & B Zones.

[Amended 11-3-1993 by Ord. No. 1993-10]

(1)

One nameplate not more than six inches in height and 18 inches in width bearing only the name and the profession of a person occupying a building for one of the uses permitted in this district.

(2)

Not more than one unlighted real estate sign not over two square feet in area advertising the sale, lease or rental of the lot upon which it is maintained. Additionally, one unlighted open-house sign not over two square feet in area may be placed on the property the morning prior to the day of the event and must be removed at the conclusion of the event. No balloons, streamers, flags or similar items may be utilized.

[Amended 5-3-1994 by Ord. No. 1994-4; 7-5-2016 by Ord. No. 2016-15]

(3)

Temporary signs in shop windows for a period not exceeding two weeks in a building presently subject to nonconforming use regulations; provided, further, that only 25% of the window area may be devoted to such signs.

(4)

Temporary directional signs not exceeding two square feet in area, indicating the location of special events of general interest within the Borough of Bay Head upon application to the Construction Official, provided that such signs shall be removed not later than one week after the occurrence of the event advertised.

(5)

Permanent directional signs on lands presently subject to nonconforming use regulations, for parking, directions, etc., provided that each of such signs does not exceed four square feet in area.

(6)

Informational or directional signs not exceeding 12 square feet in area placed by a permitted nonprofit or religious organization upon application to the Construction Official.

[Amended 10-4-1994 by Ord. No. 1994-10]

(7)

One or more signs indicating only the name, occupancy or purpose of such building for any bed-and-breakfast inn, provided that the aggregate area of such signs shall not exceed six square feet.

(8)

Contractor signs are prohibited in the Borough of Bay Head.

[Added 7-5-2016 by Ord. No. 2016-15]

B-1 Zone.

(1)

Signs permitted in the R-100 and R-50 Zone.

(2)

Signs or advertising devices outside of or attached to the exterior of a building, provided that such signs or advertising devices refer to the premises upon which they are displayed and to the services rendered therein; and provided, further, that no sign shall project beyond any front yard line. In buildings or on sites which have multiple tenancies, facade signs for individual uses shall be placed only on the portion of the building which is occupied by that use. Where such multiple tenancy buildings or sites desire to place a directory sign on a portion of the building which is visible from a public street, said sign shall be permitted subject to the overall sign area limitations set forth herein. The aggregate sign area for one or more signs, including signs on vending machines, shall not be more than 15 square feet on or in front of a building with a building frontage of fifty 50 feet or less. Any building having a frontage of more than 50 feet shall be permitted an additional 10 square feet of sign area for each additional 50 feet of building frontage. All exterior or interior signs on vending machines shall be considered in determining compliance or noncompliance with permitted sign area as provided in this section. Each store in a building that has more than one store, each separated by a solid partition and each having separate entrances, will be allowed the same sign area as if each store were in a separate building. Aggregate sign area on corner buildings and other buildings fronting on more than one street may be increased in accordance with and in proportion to the number of streets upon which the building fronts, provided that the sign area for any one street shall not exceed 15 square feet for the first 50 feet or part thereof, or an additional 10 square feet of sign area on any additional part of 50 feet. There shall be no neon tubing or bare bulb illumination permitted on any signs.

[Amended 10-4-1994 by Ord. No. 1994-10]

B-2 Zone.

(1)

Signs permitted in the R-100 Zone and in the R-50 Zone.

(2)

Signs permitted in the B-1 Zone, with the provisions that a business property having a waterfront entrance shall be permitted the same sign area on the waterfront as if said waterfront were a street.

[1]Projecting signs prohibited. No person shall erect or maintain any sign across or over any sidewalk or signs which project in part over any sidewalk in the Borough.

[1]

Editor's Note: This subsection is derived from original Section 3-13 of the 1984 Code.

§ 147-15 Nonconforming uses, buildings, lots and structures. [1]

Continuance. Except as otherwise provided in this chapter, the lawful use of the land or a building existing at the date of the adoption of this chapter may be continued although such use or building does not conform to the regulations specified by this chapter for the zone in which such land or building is located; provided, however, that:

[Amended 10-4-1994 by Ord. No. 1994-10; 11-8-1995 by Ord. No. 1995-11]

(1)

No nonconforming lot shall be further reduced in size.

(2)

No nonconforming building shall be enlarged, extended or increased, unless such enlargement is conforming.

(3)

No nonconforming use may be expanded.

Reversion and change of use.

[Amended 10-4-1994 by Ord. No. 1994-10]

(1)

No nonconforming use of a lot or structure shall, if once changed into a conforming use, be changed back into a nonconforming use.

(2)

A nonconforming use shall not be changed to, substituted by or replaced by another nonconforming use.

Discontinuance and abandonment.

[Amended 10-4-1994 by Ord. No. 1994-10]

(1)

Any lot or structure used in a lawful character or manner or for a lawful purpose which creates a nonconforming use, which shall have discontinued such use for a period of one year shall be considered to be an abandonment of such use and shall not be reused or superseded by any use not permitted under the respective zone classification provisions of this chapter.

(2)

A nonconforming use shall be adjudged abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of a tenant or owner to reinstate such use within one year from the date of cessation or discontinuance. The use shall not thereafter be reinstated and the structure shall not be reused, except in conformance with this chapter.

(3)

The provisions in this subsection shall refer to the actual use and to the use indicated by the form and construction of the building.

Restoration and alteration.

[Amended 10-4-1994 by Ord. No. 1994-10; 11-8-1995 by Ord. No. 1995-11; 9-16-2003 by Ord. No. 2003-6]

(1)

If any nonconforming building or structure shall be destroyed by reason of windstorm, fire, explosion or act of God or otherwise to an extent of more than partial destruction as provided for in § 147-2C, then such destruction shall be deemed complete destruction, and the structure may not be rebuilt, restored or repaired, except in conformity with the regulations of this chapter. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any wall, floor or roof which has been declared unsafe by the Construction Official.

(2)

A nonconforming building or structure may be altered, but not enlarged or extended, during its life to an extent not exceeding, in the aggregate, 50% of the structure unless said building or structure is changed to a building or structure conforming to the requirements of this chapter.

Change of location. No nonconforming use or any portion of a lot or structure may be moved to another part of the lot or structure upon or within which the same was conducted as of the effective date of this chapter.

[Amended 10-4-1994 by Ord. No. 1994-10]

Construction approved prior to chapter. Nothing herein contained shall require any change in plans, construction or designated use of a structure for which a construction permit has been heretofore issued and substantial construction to the extent of completion of footings has taken place prior to the date of the adoption of this chapter.

[Amended 10-4-1994 by Ord. No. 1994-10]

Zoning district changes. Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one zone to another zone of a different classification, the foregoing provisions shall apply to any use which shall be made nonconforming by said change.

[1]

Editor's Note: The title of this § 147-15 was amended from "Nonconforming uses" to its current title 4-3-2023 by Ord. No. 2023-05.

§ 147-16 Administration.

[Amended 5-6-2019 by Ord. No. 2019-05]

Enforcement. The provisions of this chapter shall be administered and enforced by the Zoning Officer of the Borough. In no case shall a permit be granted for the construction or alteration of any building where the proposed construction, alteration or use thereof would be in violation of any provisions in this chapter. It shall be the duty of the Zoning Officer or his duly authorized assistants to cause any building, plans or premises to be inspected or examined and to order, in writing, the remedying of any conditions found to exist in violation of any provision of this chapter, and he has the right to enter any building or premises in the course of these duties.

Certificates and permits.

(1)

Conditional use permits.

(a)

Applications for any conditional use permit as permitted by this chapter shall be made to the approving authority in accordance with this chapter.

(b)

In approving any such application, the approving authority may impose any conditions that it deems necessary to accomplish the reasonable application of the standards set forth in this chapter and may deny any such application not in accordance with said standards.

(2)

Zoning permit.

(a)

The applicant shall supply the Zoning Officer with all appropriate information necessary to make an informed determination under this chapter as well as all data required by the State Uniform Construction Code[1] as to whether the application complies with the provisions of this chapter or variance therefrom duly authorized by the Planning Board.

[1]

Editor's Note: See N.J.A.C. 5:23-1 et seq.

(b)

If the Zoning Officer shall determine that said application conforms in all respects to the requirements of the land use ordinances, he or she shall issue the zoning permit, sign, date and stamp all plans, and so advise the Construction Code Official.

(c)

If the Zoning Officer shall determine that said application does not conform in all respects to the requirements of the land use ordinances, he shall note in what respects the application does not conform and shall deny the application. The Zoning Officer shall notify the Construction Code Official of such denial, and shall advise the applicant of his or her right to apply to the Planning Board for an appropriate remedy.

(d)

Upon approval by the Planning Board of the appropriate action, the Planning Board shall forward a copy of the memorialized resolution to notify the Zoning Officer that the matter has been satisfactorily concluded. The Zoning Officer shall issue a zoning permit, sign, stamp and date all approved plans, and so advise the Construction Code Official. If the Planning Board shall deny the application, it shall advertise the denial as required by law and forward a copy of the memorialized resolution to notify the Zoning Officer that the matter has been denied.

(3)

Records.

(a)

It shall be the duty of the Zoning Officer to keep a record of all applications for zoning permits issued and a record of all certificates of occupancy which he signs, together with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for the use of the Borough Council and of other officials of the Borough of Bay Head.

(b)

The Zoning Officer shall prepare a quarterly report for the Borough Council summarizing for the period since his last previous report all zoning permits issued and certificates signed by him and all complaints of violations and the action taken by him consequent thereon. A copy of each such report shall be filed with the Borough Tax Assessor at the same time it is filed with the Borough Council.

§ 147-17 Standards for conditional use permit application.

The following standards shall be observed by the approving authority when reviewing an application for a conditional use permit:

Marine gasoline stations. Marine gasoline stations may be permitted in the B-2 Marine Commercial Zone, provided that the following standards and restrictions are complied with:

(1)

A set of plans, specifications and plot plans shall be submitted in triplicate to the approving authority showing in detail the exact location of such marine gasoline tanks to be installed, the dimensions and capacity of each tank, the location of each tank, the number and location of pumps to be installed and the type of accessory buildings to be constructed.

(2)

Said use shall be located on a dock or bulkhead and shall serve only marine craft.

(3)

No gasoline storage tank, gasoline pump or building used to store oil shall be located nearer than 25 feet to any property line, nor shall such tank, pump or building be located closer than 30 feet to any other buildings.

Restaurants and eating and drinking establishments. Restaurants and eating and drinking establishments shall be permitted in the B-1 Zone subject to meeting the off-street parking requirements of this chapter, as set forth in § 147-13, and subject further to a minimum setback of 50 feet from the restaurant to the nearest lot line of a single-family residential use. The required setback shall be measured from the nearest portion of the building which is occupied by the restaurant to the nearest lot line of a lot which is used exclusively as a single-family dwelling.

[Amended 10-4-1994 by Ord. No. 1994-10]

Quasi-public buildings and recreation areas. Quasi-public buildings and recreation areas, including yacht club houses, tennis courts, swimming pools, playgrounds and other such activities operated by nonprofit organizations, may be permitted in the Marine Commercial Zone, provided that the following standards and conditions are complied with:

(1)

A set of architectural plans, specifications and plot plans, a statement setting forth full particulars on the operation of the use and a complete list of the proposed charter membership, including names and residence addresses, shall be filed with the approving authority, in triplicate.

(2)

It is ascertained by the approving authority that the proposed use is a bona fide nonprofit organization operated solely for the recreation and enjoyment of the members of said organization.

(3)

It is ascertained by the approving authority that the proposed use in the proposed location will not adversely affect the safe and comfortable enjoyment of property rights or otherwise adversely affect the value of adjacent properties, that the design of any structure erected in connection with such use is in keeping with the general character of the area and that sufficient landscaping, including trees, shrubs and lawns, are provided to serve as a buffer between said use and adjoining properties and to ensure an attractive appearance for the use.

(4)

The property proposed to be occupied by such use shall have a minimum lot area of 30,000 square feet with a minimum frontage of 100 feet on an approved street. Not more than 40% of the land area of the property shall be occupied by buildings and structures.

(5)

Off-street parking shall be provided at a ratio of one space for each four individual members of said organization.

(6)

The approving authority shall then decide the matter in accordance with the procedure provided for the issuance of special permits, following the standards and conditions above stated.

Wireless telecommunications towers and antennas.

[Added 4-5-2005 by Ord. No. 2005-3]

(1)

Purpose.

(a)

The purpose of these regulations for the siting of wireless telecommunications towers and antennas is to:

[1]

Protect residential areas and land uses from potential adverse impacts of towers and antennas;

[2]

Encourage the location of towers and antennas in appropriate locations;

[3]

Minimize the total number of towers and antennas within the Borough;

[4]

Strongly encourage the joint use of approved tower facilities as a primary option rather than construction of new or additional single-use towers;

[5]

Encourage users of towers and antennas to locate them, to the extent possible, in areas outside the Borough where the adverse impact on the residential and resort character of Bay Head and adjoining shore resort areas is minimized;

[6]

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

[7]

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

[8]

Consider the public health and safety of communication towers;

[9]

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures;

[10]

Encourage the use of appropriate and new technology so as to minimize adverse environmental, noise and visual impacts of telecommunications facilities and equipment;

[11]

Require prompt removal of abandoned telecommunications towers, antennas and support facilities and equipment.

(b)

In furtherance of these goals, the Borough shall give due consideration to the Master Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

(2)

Applicability. The regulations within this subsection shall be applicable to all new towers and antennas and the proposed expansion, addition or collocation of new antennas on existing towers, at existing sites or previously approved telecommunications towers, sites and facilities except as follows:

(a)

Amateur radio stations and receive-only antennas. The provisions of this subsection shall not govern any antenna that is owned and operated by a federally licensed amateur radio station operator or is used exclusively as a "receive-only antenna" in accordance with Federal Communications Commission (FCC) regulations.

(b)

Satellite dish antennas. The provisions of this subsection shall not apply to residential satellite dish antennas or to commercial satellite dish antennas and transmitters that are less than 24 inches in diameter.

(3)

Antennas and towers permitted on Borough property. Wireless communications towers and antennas which are located on property owned by the Borough of Bay Head, except for public park and school properties listed in Schedule B,[1] and which are approved by the Borough Council shall be deemed to be permitted as a municipal facility.

[1]

Editor's Note: Schedule B is included at the end of this chapter.

(4)

Antennas and towers which are not municipal facilities. Wireless telecommunications towers and antennas that are not municipal facilities may be permitted on nonmunicipal property and nonresidential properties and nonresidential structures as follows:

(a)

Roof-mounted antenna. "Roof-mounted antenna or antenna array" shall mean an antenna that meets the following criteria:

[1]

The facility is categorically excluded from routine monitoring by virtue of the power output of all antennas placed on the building pursuant to the standards set forth by the FCC. To meet this condition:

[a]

The power output is measured in watts, effective radiated power (ERP) or effective isotropic radiated power (EIRP); and

[b]

It is assumed, for the purpose of calculation, that all channels are operating simultaneously and continuously at maximum power; and

[c]

The power is calculated as a sum of the output of all antennas from all carriers that share the building.

[2]

Associated equipment shall conform with the bulk requirements of the zone in which the facilities are located.

(b)

Utility pole-mounted antenna. "Pole-mounted antenna and equipment" shall mean single array and transmitter equipment mounted on a pole-type structure such as an existing street or light pole within a developed street, with the associated equipment enclosure mounted on the pole or installed completely below grade and the total power output not to exceed one watt and is less than 14 inches by 16 inches in length and width and eight inches in depth, including all associated equipment, and may have an antenna with a length not to exceed 30 inches.

(c)

Marine mast antenna. A marine mast antenna is one which may be located on a property occupied by a principal, nonresidential use within areas such as marinas, yacht clubs and boat repair facilities along the Bamegat Bay with a nautical design such as a single (monopole) mast or a mast with cross-arms that will blend in with the nautical character of sailing or other ship masts and the marina area and facilities. All supporting facilities shall be designed to be similar in character to marina or other boating facilities located on the same property.

(d)

General requirements.

[1]

Principal or accessory use. Wireless telecommunications towers and antennas may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of a permitted antenna or tower on such lot.

[2]

Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

[3]

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Borough, as part of an application for an antenna, an inventory of all existing telecommunications towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of Bay Head or within three miles of the border thereof, including specific information about the location, height, and design of each tower. The Borough may share such information with other applicants applying for approvals under this subsection or other organizations seeking to locate antennas within the jurisdiction of Bay Head; provided, however, that the Borough is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. Applicants shall provide documentation of theoretical gaps in service based upon industry standards and actual gaps in service based upon in-field and drive-by studies. Such studies shall be subject to independent verification by an independent expert authorized by the Borough.

[4]

Aesthetics. Towers and antennas shall meet the following requirements:

[a]

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

[b]

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

[c]

If an antenna is installed on a structure other than a tower, including an existing nonresidential building, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

[5]

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

[6]

State and federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas.

[7]

Uniform Construction Code; safety standards. To ensure the structural integrity of towers and antennas, the owner of a tower or antenna shall ensure that it is maintained in compliance with standards contained in applicable state and municipal codes, including the New Jersey Uniform Construction Code and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Borough concludes that a tower or antenna fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower or antenna, the owner shall have 30 days to bring such tower or antenna into compliance with such standards. Failure to bring such tower or antenna into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

[8]

Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in Bay Head, irrespective of municipal jurisdictional boundaries.

[9]

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in Bay Head have been obtained and shall file a copy of all required franchises with the Borough.

[10]

Public notice. For purposes of this subsection, any variance request or request for site plan approval shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Schedule A[2] in addition to any notice otherwise required by this chapter.

[2]

Editor's Note: Schedule A is included at the end of this chapter.

[11]

Signs. No advertising signs shall be allowed on an antenna or tower.

[12]

Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the aesthetics requirements of Subsection D(4)(d)[4].

[13]

Multiple antenna/tower plan. Bay Head encourages the users of towers and antennas to submit a single application for approval of conforming multiple-use towers and/or antenna sites. Applications for approval of multiple-use towers and/or sites shall be given priority in the review process.

[14]

Structural design certification. A licensed New Jersey professional engineer must certify that the tower can structurally accommodate the number of shared users proposed by the applicant.

[15]

Information required. In addition to any information required for applications for site plan review pursuant to this chapter, applicants for approval for a tower shall submit the following information:

[a]

Location plan drawn to scale and clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning, Master Plan classification of the site and all properties within the applicable setback distances set forth in Schedule A[3] and including, where applicable, such information for adjacent municipalities, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, and parking.

[3]

Editor's Note: Schedule A is included at the end of this chapter.

[b]

Legal description of the parent tract and leased parcel (if applicable).

[c]

The setback distance between the proposed tower or antenna and the nearest residential unit and platted residentially zoned properties.

[d]

The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection D(4)(d)[17] shall be shown on an updated site plan or map at a scale of not greater than one inch equals 400 feet. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s).

[e]

A landscape plan showing specific landscape materials.

[f]

Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

[g]

A description of compliance with Subsection D(4)(d)[3], [4], [5], [6], [7], [9], [12], [13], and [17] and all applicable federal, state or local laws.

[h]

A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

[i]

Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.

[j]

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed tower.

[k]

A description of the feasible location(s) of future towers or antennas within the Borough based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

[16]

Factors considered in granting approval for towers. In addition to any standards for consideration of site plans pursuant to this chapter, the municipal agency shall consider at least the following factors in determining whether to issue an approval:

[a]

Height of the proposed tower;

[b]

Proximity of the tower to residential structures and residential district boundaries;

[c]

Nature of uses on adjacent and nearby properties;

[d]

Surrounding topography;

[e]

Surrounding tree coverage and foliage;

[f]

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

[g]

Proposed ingress and egress; and

[h]

Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Subsection D(4)(d)[15][j].

[17]

Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the municipal agency that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the municipal agency related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

[a]

No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

[b]

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

[c]

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

[d]

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

[e]

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

[18]

Minimum required setback.

[a]

Minimum setback requirements shall apply to all towers for which site plan approval is required. Setbacks shall be measured from adjoining lot lines. No tower shall be located in the minimum required yard area or buffer area of the zone district.

[b]

Accessory buildings containing generators, cooling systems and any mechanical equipment that generates noise shall comply with the required minimum yard and buffer requirements for principal uses or 100 feet, whichever is greater.

[19]

Minimum separation requirements between telecommunications towers.

[a]

Separation from off-site uses/designated areas. Tower separation from residential and nonresidential uses shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas in accordance with Schedule A.[4]

[4]

Editor's Note: Schedule A is included at the end of this chapter.

[b]

Separation distances between towers. Separation distances between towers shall be applicable as measured between the proposed tower and preexisting towers or other proposed towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be in accordance with Schedule A.

[20]

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the municipal agency may waive such requirements, as it deems appropriate.

[21]

Landscaping. The following requirements shall govern the landscaping surrounding towers for which site plan approval is required; provided, however, that the municipal agency may waive such requirements if the goals of this subsection would be better served thereby.

[a]

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences.

[b]

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.

[c]

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

[22]

In approving the tower, the development board may impose conditions, including the use of an alternative tower structure, to the extent the board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

(e)

Buildings and/or other equipment storage.

[1]

Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:

[a]

The cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 60 feet in height, the related unmanned equipment structure, if over 200 square feet of gross floor area or 10 feet in height, shall be located on the ground and shall not be located on the roof of the structure.

[b]

If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.

[c]

Equipment storage buildings or cabinets shall comply with all applicable building codes.

[2]

Antennas located on towers, utility poles, or light poles. The related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height, and shall be located in accordance with the minimum yard and buffer requirements of the zoning district in which located and shall be screened from view of all residential properties.

(5)

Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Borough of Bay Head notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. Upon the dismantling and removal of a tower, the property on which the tower was located shall be restored to a safe and landscaped condition compatible with adjacent properties. Antennas or towers that are updated or replaced with new antennas or towers shall be deemed to be new antennas and shall be subject to all application and review standards of review of this section.

(6)

Preexisting towers. Preexisting towers which are operating at the time of the adoption of this subsection shall be allowed to continue their usage as they presently exist. Routine maintenance is permitted on such preexisting towers. New construction, including the replacement of antennas, other than routine maintenance on a preexisting tower shall comply with the requirements of this subsection. If the primary use of the tower or structure upon which antennas have been located has terminated and the use is determined to be abandoned, the requirements for removal in Subsection D(5) shall apply.

(7)

Annual registration required.

(a)

Applicability. All telecommunications carriers and providers that offer or provide any telecommunications services for a fee directly to the public, either within the Borough or outside the corporate limits from telecommunications facilities within the Borough, shall register annually with the Borough pursuant to this subsection on forms to be provided by the Borough Clerk or authorized designee.

(b)

Timing. All owners or operators of preexisting towers and/or preexisting antennas of the type covered by this subsection will have 90 days within which to comply with this subsection from the time the subsection is adopted.

(c)

Purpose. The purpose of registration under this subsection is to:

[1]

Provide the Borough with accurate and current information concerning the telecommunications carriers and providers that offer or provide telecommunications services within the Borough, or that own or operate telecommunications facilities within the Borough;

[2]

Assist the Borough in enforcement of this subsection;

[3]

Assist the Borough in the collection and enforcement of any license fees or charges that may be due the Borough; and

[4]

Assist the Borough in monitoring compliance with local, state and federal laws.

(d)

Information required. The following registration information shall be required for all owners or operators of preexisting towers and/or preexisting antennas of the type covered by this subsection:

[1]

The identity and legal status of the registrant, including any affiliates;

[2]

The name, address and telephone number of the corporate official, officer, agent or employee responsible for the accuracy of the registration statement sworn and legally witnessed;

[3]

An inventory of its existing towers, antennas, or sites approved for towers or antennas that are either within the jurisdiction of the Borough or within three miles of the border thereof, including specific information about the location, height and design of each tower and the type, radio frequency and area of coverage. The Borough may share such information with other applicants applying for administrative approvals or permits under this subsection or other organizations seeking to locate antennas within the jurisdiction of the Borough; provided, however, that the Borough is not, by sharing such information, in any way representing or warranting that such sites are available;

[4]

A description of the telecommunications services that the registrant intends to offer or provide, or is currently offering or providing, to persons, firms, businesses or institutions within the Borough; and

[5]

Such other information as the Borough may reasonably require.

(e)

Registration fee. Each application for registration as a telecommunications carrier or provider shall be accompanied by an initial fee of $2,000 and an annual update registration fee of $1,000 dollars. Failure to register or failure to update the annual registration shall be deemed to be abandonment.

(f)

Amendment. Each registrant shall inform the Borough within 60 days of any change in the information set forth in this subsection.

Places of assembly. Places of assembly include but are not limited to churches, houses of worship, synagogues, meeting halls, civic clubs and similar places of assembly. Places of assembly may be permitted as conditional uses in all zoning districts, excluding the C Conservation Zone, provided that the lot and structures thereon shall adhere to the bulk requirements, standards and restrictions of the zone in which it is located and to the following:

[Added 12-20-2010 by Ord. No. 2010-17]

(1)

The applicant shall submit a list of proposed activities and anticipated participants, a timetable reflecting the hours in which each building will be used and any other pertinent uses and activities intended to take place on the site. Catering, "eating and drinking," shall not be a primary use of these facilities.

(2)

Off-street parking, loading and vehicular access shall be as follows:

(a)

Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve in accordance with the standards set forth in § 147-13 of this chapter and shall require one off-street parking space for every four seats or for every four persons who may be legally admitted, whichever is greater.

(3)

Signs shall be as specified in § 147-14 of this chapter.

(4)

The proposed use shall not cause to emanate from the property any vibration, glare, fumes, or odors detectable by neighboring property owners.

(5)

The quantity and type of solid waste disposal shall be the same as other uses in the zone district.

(6)

The site plan shall be accompanied by a traffic study prepared by a licensed professional engineer traffic consultant indicating the impact of the proposed place of assembly on surrounding roads. It shall include the following elements:

(a)

Estimated peak hourly traffic to be generated by the use.

(b)

Assignment of estimated peak hourly traffic by percentage and volume to surrounding roads.

(c)

Determination of unused capacity of surrounding roads during peak hours.

(d)

Recommendations for necessary road improvements and traffic control devices recommended for public roads surrounding the site.

(7)

Lighting.

(a)

Wherever artificial lighting is used on the premises, said lighting shall be so installed and maintained that no disturbing glare will be visible on adjacent properties or to motorists using the public street. The use of colored lights, which may be mistaken for traffic lights or signals, and artificial lights that change in intensity or produce a flashing or moving effect are hereby prohibited.

(b)

All electrical lighting of parking areas or parking lots shall remain in operation for a maximum of 1/2 hour after the closing of the place of assembly.

(8)

Noise.

(a)

The proposed use shall not make or cause to be made any loud, unnecessary or unusual noises or any noise which does or is likely to annoy, disturb, injure, or endanger the comfort, repose, health, peace or safety of others.

(b)

The reasonable use of bells, chimes or sound amplifiers by churches engaged in church activities is permitted, subject to the permission of the Mayor and Council pursuant to this chapter and the provisions of § 163-3.

(c)

Noise shall be regulated as specified in Chapter 163 of this Code, Noise.

(9)

Hours of operation.

(a)

The facilities may be open Monday through Sunday not earlier than 7:00 a.m. and not later than 10:00 p.m.

(b)

Exceptions to the hours of operation may be made for religious holidays and celebrations, seasonal celebrations or other special events or occasions subject to the permission of the Mayor and Council.

(10)

Area and bulk regulations shall be as set forth in § 147-5 of this chapter. The maximum permissible size of a structure depends on the zone in which it will be located. The setbacks, maximum building height and permissible lot coverage are set forth in Appendix A[5] to this chapter.

[5]

Editor's Note: Appendix A is included at the end of this chapter.

(11)

When site plan approval is required, it shall be as specified in §§ 147-60 through 147-67 of this chapter.

(12)

Maximum occupancy of any building constructed or utilized as a place of assembly under this chapter shall be determined by the Construction Official, enforcing officer of the State Uniform Construction Code, pursuant to Chapter 104 of the Municipal Code.

(13)

Applicability of the remainder of Code. Places of assembly must comply with all applicable standards and regulations established by the Code of the Township, except to those standards and regulations specifically addressed by this section.

Museums. Museums may be permitted as conditional uses in all zoning districts, excluding the C Conservation Zone, provided that the lot and structures thereon shall adhere to the bulk requirements, standards and restrictions of the zone in which it is located and to the following:

[Added 12-20-2010 by Ord. No. 2010-17]

(1)

(2)

Off-street parking, loading and vehicular access shall be provided in accordance with the standards set forth in § 147-13 of this chapter.

(3)

Signs shall be as specified in § 147-14 of this chapter.

(4)

The proposed use shall not cause to emanate from the property any vibration, glare, fumes, or odors detectable by neighboring property owners.

(5)

The quantity and type of solid waste disposal shall be the same as other uses in the zone district.

(6)

The site plan shall be accompanied by a traffic study prepared by a licensed professional engineer traffic consultant indicating the impact of the proposed museum on surrounding roads. It shall include the following elements:

(a)

Estimated peak hourly traffic to be generated by the use.

(b)

Assignment of estimated peak hourly traffic by percentage and volume to surrounding roads.

(c)

Determination of unused capacity of surrounding roads during peak hours.

(d)

Recommendations for necessary road improvements and traffic control devices recommended for public roads surrounding the site.

(7)

Lighting.

(a)

(b)

All electrical lighting of parking areas or parking lots shall remain in operation for a maximum of 1/2 hour after the closing of the museum.

(8)

Noise.

(a)

(b)

Noise shall be regulated in accordance with Chapter 163 of this Code, Noise.

(9)

Hours of operation.

(a)

The facilities may be open Monday through Sunday not earlier than 7:00 a.m. and not later than 10:00 p.m.

(b)

Exceptions to the hours of operation may be made for seasonal celebrations or other special events or occasions subject to the permission of the Mayor and Council.

(10)

[6]

Editor's Note: Appendix A is included at the end of this chapter.

(11)

When site plan approval is required, it shall be as specified in §§ 147-60 through 147-67 of this chapter.

(12)

Maximum occupancy of any building constructed or utilized as a museum under this chapter shall be determined by the Construction Official, enforcing officer of the State Uniform Construction Code, pursuant to Chapter 104 of the Municipal Code.

(13)

Applicability of the remainder of Code. Museums must comply with all applicable standards and regulations established by the Code of the Township, except to those standards and regulations specifically addressed by this section.

§ 147-17.1 Affordable accessory apartments.

[Added 9-5-2000 by Ord. No. 2000-5]

Notwithstanding any provision of the Land Development Ordinance to the contrary, affordable accessory apartments shall be permitted in all the zoning districts except the Conservation (C) Zone. The affordable accessory apartment shall be located within a detached single-family dwelling and on a lot that meets the Schedule of Area and Bulk Regulations as specified in Article III, § 147-5, for the zoning district within which it is located.

For the purpose of this ordinance, the definition an "affordable accessory apartment" shall be defined as a self-contained residential dwelling unit with a kitchen, complete sanitary facilities, sleeping quarters and a private entrance which is created to be occupied by a low- or moderate-income household in accordance with the applicable provisions of the substantive rules of the New Jersey Council On Affordable Housing (COAH) as stated in N.J.A.C. 5:93-1 et seq.

Conditions.

(1)

All affordable accessory apartments shall comply with all applicable statutes and regulations of the State of New Jersey in addition to all local building codes.

(2)

The affordable accessory apartment shall be rented only to a household which is either a low- or a moderate-income household at the time of initial occupancy of the unit.

(3)

The affordable accessory apartment shall, for a period of at least 10 years from the date of the issuance of a certificate of occupancy, be rented only to low- or moderate-income households.

(4)

Rents of affordable accessory apartments shall be affordable to low- or moderate-income households in accordance with the applicable provisions as stated in N.J.A.C. 5:93-7.4 of COAH's substantive rules and shall specifically include an allowance for utilities in accordance with N.J.A.C. 5:93-7.4(f).

(5)

The maximum number of affordable accessory apartments to be developed in the borough under the provisions of this ordinance shall be 10.

(6)

There shall be a recorded deed or declaration of covenants and restrictions applied to the property upon which the affordable accessory apartment is located running with the land and limiting its subsequent rental or sale within the requirements of Subsections C and D herein above.

(7)

Each affordable accessory apartment shall have living/sleeping space, cooking facilities, a kitchen sink and complete sanitary facilities for the exclusive use of its occupants. It shall consist of no less than two rooms, one of which shall be a full bathroom.

(8)

The affordable accessory apartment shall have a separate door with a private entrance.

(9)

There shall be a minimum of two on-site parking spaces provided exclusively for the affordable accessory apartment. These spaces will be in addition to the number of required spaces for the existing residential dwelling unit.

(10)

The affordable accessory apartment program shall be affirmatively marketed in accordance with the provisions of N.J.A.C. 5:93-11.

(11)

In the case of an affordable accessory apartment created illegally or without proper permits which the property owner desires to legitimize as an affordable accessory apartment under this section, all criteria set forth in the section shall apply, except that no subsidy shall be provided by the Borough of Bay Head.

Administration of the affordable accessory apartment program. The Council of the Borough of Bay Head shall designate an administrator of the affordable accessory apartment program in accordance with the following:

(1)

The administrator shall be responsible for all administrative aspects of the affordable accessory apartment program, including advertising, income qualifying prospective renters, setting rents and annual rental increases, maintaining a waiting list, distributing the subsidy, securing certificates of occupancy, qualifying properties, handling application forms, filing deed restrictions, monitoring reports and affirmative marketing.

(2)

The administrator shall only deny an application for an affordable accessory apartment if the project is not in conformance with COAH's requirements and/or provisions of this ordinance. All denials shall be in writing with the reasons clearly stated.

(3)

In accordance with N.J.A.C. 5:93-5.9(a)2., the Borough of Bay Head shall provide at least $10,000 to subsidize physical creation of an affordable accessory apartment conforming to the requirements of this section. Prior to the grant of such subsidy, the property owner shall enter into a written agreement with the Borough of Bay Head ensuring that the subsidy shall be used to create the accessory apartment and the apartment shall meet the requirements of this ordinance and COAH regulations.

Application procedures. Each application for the creation of an affordable accessory apartment shall submit the following information to the administrator:

(1)

A sketch of floor plan(s) showing the location, size and relationship of both the affordable accessory apartment and the primary dwelling within the building.

(2)

Rough elevations showing the modification of any exterior building facade to which changes are proposed.

(3)

A site development sketch showing the location of the existing dwelling and other existing buildings; all property lines; along with the minimum building setback lines, the required parking spaces for both dwelling units; and any natural or man-made condition which might affect construction.

§ 147-17.2 Prohibited uses. [1]

[Added 6-7-2021 by Ord. No. 2021-08]

Cannabis establishments. All classes of cannabis establishments, including cannabis cultivators, cannabis manufacturers, cannabis wholesalers, cannabis distributors, cannabis retailers and cannabis delivery services are hereby prohibited from operating in the Borough of Bay Head. This prohibition shall not apply to the delivery of cannabis items and supplies by a licensed cannabis delivery service located in another municipality.

[1]

Editor's Note: Former § 147-17.2, Affordable housing, added 8-1-2000 by Ord. No. 2000-6, was repealed 5-5-2014 by Ord. No. 2014-05.