Borough of Beach Haven, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners (now Borough Council) of the Borough of Beach Haven 7-9-1979 by Ord. No. 79-7. Amendments noted where applicable.]
GENERAL REFERENCES
Land use administration — See Ch. 19.
Historic Preservation Advisory Commission — See Ch. 41.
Beach protection — See Ch. 57.
Uniform construction codes — See Ch. 74.
Land development fees — See Ch. 90, Art. I.
Flood hazard areas — See Ch. 101.
Site plan review — See Ch. 167.
Streets and sidewalks — See Ch. 176.
Stormwater management — See Ch. 177.
Subdivision of land — See Ch. 179.
Swimming pools — See Ch. 180.
The short title by which this chapter shall be known shall be the "Zoning Ordinance of the Borough of Beach Haven."
A. 
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, morals, comfort, prosperity and general welfare. Except as hereinafter provided, it is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with any existing provision of law or ordinance or with any rules, regulations or permits previously adopted or issued pursuant to law relating to the uses of buildings or land or with any private restrictions placed upon a property by covenant or deed; provided, however, that where this chapter requires a greater width or size of yards, courts or other open spaces, or requires a greater percentage of lot to be left unoccupied, or imposes restrictions more extensive than ones required in any other statute or local ordinance or regulation, the provisions of the regulations in this chapter shall govern.
B. 
For the purpose of consolidation, codification and revision, the Zoning Ordinance of the Borough of Beach Haven and the various amendments thereof and supplements thereto are further amended, consolidated and revised as herein provided.
C. 
This chapter is adopted for the purpose of promoting the health, safety, morals and general welfare, securing safety from fire, flood and other dangers, preventing the overcrowding of land or buildings and with a view to conserving the value of property and encouraging the most appropriate use of land and buildings within the Borough.
Whenever a term used in this chapter is defined in N.J.S.A. 40:55D-1 et seq., the term is intended to have the meaning set forth in the definition of such term in the statute. However, the following terms, as used in this chapter, shall be defined as follows:
A. 
Words and phrases.
(1) 
The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
(2) 
The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
(3) 
The word "shall" is mandatory; the word "may" is permissive.
(4) 
The words "used or occupied" include the words "intended, designed or arranged to be used or occupied."
(5) 
The word "lot" includes the words "plot" or "parcel."
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USE, BUILDING OR STRUCTURE
A subordinate use, building or structure, the purpose of which is incidental to that of the main use, building or structure on the same lot.
[Amended 3-8-2004 by Ord. No. 2004-5]
ALTERATIONS
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.
APPROVING AUTHORITY
The Planning Board or the Board of Adjustment of the Borough of Beach Haven when acting pursuant to the authority of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
ATTICS
The area between ceiling joists of top story and the roof rafters above. Attics shall not be finished or heated nor be used for anything but storage or mechanical equipment.
[Added 6-12-2000 by Ord. No. 2000-12]
BAR
An establishment used primarily for the sale or dispensing of liquor by the drink to the general public for on-site consumption and where packaged liquors may be served or sold as an accessory use, and food may be sold and consumed on site as an accessory use.
[Added 10-11-2005 by Ord. No. 2005-23A]
BUILDING
Any structure having a roof supported by columns, piers or walls, or having other supports, including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels, and any unroofed platform, terrace or porch raised more than 12 inches above the grade of the yard.
[Amended 2-28-1994 by Ord. No. 94-5]
BUILDING AREA
The portion of a lot remaining after required yards have been set aside, in which buildings may be placed.
BUILDING HEIGHT
The measurement shall be taken from the center-line grade of the nearest improved street or easement on which the building or structure is located. In the case of property fronting on two or more lawful streets, the elevation of the existing center-line street grade to the lowest street shall govern. To determine the height on the vertical plane of the building being measured, a straight, level line perpendicular to the edge of the easement or improved street and running directly from the center-line grade of the said easement or improved street to the vertical face of the building at its closest point to the center-line grade of the improved street or easement shall be marked, from which a vertical line shall be taken upwards to the point of the intersection of the plane of the highest point of the building.
[Amended 1-23-1984 by Ord. No. 84-2]
BUILDING LINE
A line formed by the intersection of a horizontal plane that coincides with the exterior surface of the building, steps or 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. Eaves or overhangs are not considered as occupying area; provided, however, that the same do not extend more than two feet into any required setback area.
[Amended 4-8-2002 by Ord. No. 2002-4]
CERTIFICATE OF OCCUPANCY
A certificate issued by the Building Administrator 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, and all other applicable requirements, have been complied with.
CLUSTER DEVELOPMENT
Development for multifamily use consisting of the dwelling units located in separate and distinct buildings.
[Added 3-8-2004 by Ord. No. 2004-5]
DWELLING
A building designed and constructed to accommodate one or more families.
[Added 3-8-2004 by Ord. No. 2004-5]
DWELLING, MULTIPLE-FAMILY
A detached residential dwelling designed for or occupied by three or more families with each single family sharing a common interior wall, ceiling, or floor extending from ground to roof, or from exterior wall to exterior wall with each single family maintaining one kitchen or cooking facility.
[Amended 3-8-2004 by Ord. No. 2004-5; 10-11-2005 by Ord. No. 2005-23A]
DWELLING, SINGLE-FAMILY
A detached residential dwelling designed for or occupied by one family only, providing one kitchen or cooking facility.
[Amended 3-8-2004 by Ord. No. 2004-5; 10-11-2005 by Ord. No. 2005-23A]
DWELLING, TWO-FAMILY
A detached residential dwelling designed for or occupied by two families with each single family residing in a portion of the structure which shares a common interior wall, ceiling or floor extending from ground to roof, or from exterior wall to exterior wall with each unit to contain one kitchen or cooking facility.
[Amended 3-8-2004 by Ord. No. 2004-5; 10-11-2005 by Ord. No. 2005-23A]
FACADE
The exterior face of a building, including, but not limited to, the wall, windows, window sills, doorways, and design elements such as cornices, expression lines, and parapets.
[Added 6-11-2018 by Ord. No. 2018-18C]
FACE
The part of the exterior wall of a building that faces one direction and is located between the ground level and the ceiling of its top story.
[Added 6-11-2018 by Ord. No. 2018-18C]
FA-FLOATING HOME
Any vessel in fact used, designed or occupied as a permanent dwelling unit, business office or source of any occupation, or for any private or social club of whatsoever nature, including but not limited to a structure constructed upon a barge primarily immobile and out of navigation or which functions substantially as a land structure while the same is moored or docked within the corporate limits of the Borough of Beach Haven, whether such vessel is self-propelled or not and whose volume coefficient is greater than 3,000 square feet. "Volume coefficient" is the ratio of the habitable space of a vessel measured in cubic feet and the draft of a vessel measured in feet of depth.
[Added 5-29-1984 by Ord. No. 84-13]
FAMILY
One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit, who are living together as a bona fide stable and committed living unit, being a traditional family unit or the functional equivalent thereof, exhibiting the generic character of a traditional family.
[Amended 3-8-2004 by Ord. No. 2004-5]
FC-FLOATING HOME MARINA
That area within the Borough of Beach Haven covered by any waterway within the Borough where one or more sites or locations are rented or offered for rent, sold or offered for sale for the location of floating homes.
[Added 5-29-1984 by Ord. No. 84-13]
FRONT FACADE
The principal face of the building that consists of the primary building entrance, scaled appropriately to the individual dwelling.
[Added 6-11-2018 by Ord. No. 2018-18C]
HABITABLE AREA
Area shall be taken to outside face of exterior walls and shall include all space in buildings for living, sleeping, eating, cooking, bathrooms, toilet compartments, closets, halls and storage or utility spaces, as well as stairs, excluding attics, crawl spaces, basements, open decks, covered porches and garages. No habitable area may be below the base flood elevation.
[Added 6-12-2000 by Ord. No. 2000-12]
IMPERVIOUS LOT COVERAGE
The square footage or other area measurement by which all buildings and impervious surfaces cover a lot as measured in a horizontal plane to the limits of the impervious area(s). All parking spaces and lots, paved or unpaved, swimming pools, hot tubs, whirlpools and other bodies of collected water, buildings, roads, driveways, walkways, tennis courts, patios and any other structure or on-site material or ground condition that do not permit the natural soil absorption and permeation of water shall be considered impervious surfaces and included in the computation of lot coverage, except that the ornamental coverage of a lot with stones or similar materials shall not be considered part of the impervious lot coverage if the area is clearly separate from the driveway and on-site parking areas on the lot and is not utilized at any time for the parking or movement of vehicles. For the purpose of this definition, impervious lot coverage shall include interlocking pavers or other pavers.
[Added 11-8-2004 by Ord. No. 2004-29]
LOT
A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as herein required. Such lot shall have direct vehicular access to an improved public street as herein defined and may consist of:
(1) 
A single lot of record.
(2) 
A portion of a lot of record.
(3) 
A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
(4) 
A parcel of land described by metes and bounds, provided that in no case of division or combination shall any residential lot or parcel be created which does not meet the requirements of this chapter.
LOT COVERAGE
That portion of a lot which is permitted in the applicable zoning district to be covered by a building as defined herein. For the purposes of calculating lot coverage, no portion of the lot which is mapped as wetlands and no portion which is riparian shall be includable in the calculation of determining permissible lot coverage. For example, if a lot containing 20,000 square feet in the RC District contains 2,000 square feet of areas mapped as wetlands or riparian lands, then only 18,000 square feet of that lot may be used in calculating the permissive coverage.
[Added 1-23-1984 by Ord. No. 84-2]
(1) 
On regular lots, the front shall be construed to be the portion nearest the public street. In determining yard requirements, all sides of any regular lot adjacent to a public street shall be considered frontage, and yards shall be as provided under the definition of "yards on regular lots."
(2) 
On irregular lots, portions of which abut public streets, no lot frontage need be determined for purposes of determining front yard requirements as such, but no building shall be erected in the portion of the lot abutting the public street within the same distance therefrom as specified for adjoining yards abutting public streets and limitations concerning height of fences, walls, yard accessories or ornaments or furniture and hedges and other vegetation shall apply as for such adjoining yards.
LOT, IRREGULAR
A lot so located, shaped or oriented that application of general measurement methods or yard location requirements of the district is impractical and serves no useful public purpose, and/or with location of yards by type (front, side and rear) not logically determined by nor related to adjacent yard patterns. An irregular lot shall be considered to meet the dimensional requirements of the district in which it is located, provided that:
(1) 
Lot area, as computed for regular lots, shall meet district requirements for the proposed use.
(2) 
All yards shall provide the same separation from lot lines as required generally on a regular lot for the minimum side yard for the use in the district; provided, however, that where district regulations permit building to a lot line of a regular lot under specified circumstances, the same regulations shall apply on an irregular lot.
LOT, REGULAR
A lot abutting a public street and so located, shaped and oriented to adjacent lots as to be reasonably adapted to application of general measurements as indicated below and with location of yards by type (front, side, rear and special) logically determined by and related to adjacent yard patterns. Width of a regular lot shall be determined by measurement across the rear of the required front yard; provided, however, that width between side lot lines at the points where they intersect the street line shall not be less than 80% of required minimum lot width, except in the case of lots on the turning circle of culs-de-sac or at points of street curvature where the radius at the right-of-way line of a street (or a circle approximately following the right and intersecting the foremost points of the side lot lines) is less than 90 feet, in which case the eighty-percent requirement shall not apply.[1]
NIGHTCLUB
An establishment dispensing liquor and food where music, dancing or entertainment is conducted.
[Added 10-11-2005 by Ord. No. 2005-23A]
PD-MARINA
A dock or base and operated for profit or to which public patronage is invited, providing moorings or marine services primarily for power yachts, launches or other watercraft, other than floating homes, and which is also capable of removing any and all crafts moored within the marina, out of the water for repair or as a result of emergent conditions.
[Added 5-29-1984 by Ord. No. 84-13]
PORCHES
A roofed-over deck area with required railings and guards only. Railings shall not be solid or paneled. No additional enclosure materials or walls are permitted, including screening, storm windows, drop curtains or other temporary enclosures. Porches shall be open on a minimum of two sides.
[Added 6-12-2000 by Ord. No. 2000-12]
RESTAURANT
A food establishment primarily selling prepared food for consumption on premises.
[Added 2-28-1994 by Ord. No. 94-5]
ROLL-OFF CONTAINER
A metal container designed to be picked up by a truck especially designed for the purpose, which metal container may be left at a jobsite and used to dispose of construction and demolition debris as well as other debris which is not suitable for disposition in normal trash receptacles, including dumpsters.
[Added 4-13-2009 by Ord. No. 2009-9]
SIGN
Any device designated to inform or attract the attention of persons not on the premises on which the sign is located; provided, however, that the following shall not be included in the application of the regulations herein:
(1) 
Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having commercial connotations.
(2) 
Flags and insignias of any government, except when displayed in connection with commercial promotion.
(3) 
Legal notices and identification, information or directional signs erected or required by governmental bodies.
(4) 
Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.
(5) 
Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.
SIGN, ON-SITE
A sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services or activities on the premises.
(1) 
For the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, each element shall be considered to be a single sign.
(2) 
The surface area of a sign shall be computed as including the entire area within a regular geometric form comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not bearing advertising matter shall be included in computation of surface area.
STREET LINE
The right-of-way line of a street.
STRUCTURE
Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground.
TAVERN
Place of business for the sale and on-premises consumption of alcoholic beverages, also known as a "bar."
[Added 10-11-2005 by Ord. No. 2005-23A]
TRAILER, CONSTRUCTION OR STORAGE
An enclosed vehicle or container utilized for the storage of personal property of any kind during the construction, alteration or repair of any structure, which vehicle or container has no means of self-propulsion but which is pulled or towed behind a motor vehicle or carried upon or by a motor vehicle designed for that purpose. No activity or sales are permitted to be conducted in construction or storage trailers.
[Added 4-13-2009 by Ord. No. 2009-9]
YARD
A required open space other than a court, unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility as indicated herein.
YARDS ABUTTING PUBLIC STREETS
Required yards abutting public streets shall be measured in the following manner: A straight line shall be drawn between two points at which lot lines intersect street lines on any face of the lot. Where property corners are rounded, such points shall be plotted by projecting lot lines to the point where they would have met the street line without rounding. Depth of required yards abutting public streets shall be measured perpendicular to such straight lines, and the inner line of such required yards shall be parallel to the outer line so established. In any such required yard abutting a public street, no fence, wall or hedge or other vegetation shall be permitted which materially impedes visibility across such yard between a height of 30 inches and eight feet.
(1) 
A yard extending between side lot lines across the front of a lot adjoining a public street.
(a) 
On through lots, unless the prevailing lot pattern indicates otherwise, front yards shall be provided on all frontages in accordance with the general regulations of the district concerning the minimum depth of front yards. Where a front yard adjoins public streets on adjacent lots, the Building Administrator shall determine front yard requirements to provide a yard:
[1] 
With the least front yard depth required on an adjacent lot; or
[2] 
With the greatest front yard depths required on adjacent lots; or
[3] 
With the average of front yard depth required on adjacent lots; or
[4] 
Running from the rear line of one adjacent front yard to the rear line of the other, and to the street, in which case the rear line of the required front yard need not be parallel to the front line.
(b) 
At intersections of two public streets, on corner lots without reversed frontage, a front yard of the depth generally required in the district shall be provided in accordance with the prevailing yard pattern, and a second front yard of 1/2 the depth required for front yards generally in the district shall be provided on the other public street frontage.
(c) 
In the case of corner lots with more than two frontages on public streets, the Building Administrator shall conform yard requirements adjacent to such streets to yard patterns required on adjacent lots. Yards so provided, where not otherwise specified by their regulations, may have the least, the most or the average of required front yard depths on adjacent lots.
(2) 
A yard extending from the rear line of the required front yard to the rear lot line or, in the absence of any clearly defined rear lot line, to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of corner lots, yards remaining after full and half-depth front yards have been established shall be considered side yards. In the case of through lots, side yards shall extend from the real lines of front yards required. Width of required side yards shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations, with its inner edge parallel to the side lot line.
(3) 
A yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards but only front and side yards. Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations, with its inner edge parallel to the rear lot line.
(4) 
A yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies. In such cases, the Building Administrator shall require a yard with minimum dimensions as generally required for a side yard or rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable areas thereon.
[1]
Editor's Note: The former definition of "parking space, off-street," which immediately followed this definition, was repealed 9-22-1997 by Ord. No. 97-16.
A. 
Districts. The Borough is hereby divided into zones, or districts, as shown on the Official Zoning Map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this chapter.
B. 
Official Zoning Map.
(1) 
The Official Zoning Map shall be identified by the signature of the Mayor, attested by the Borough Clerk and bear the seal of the Borough, bearing the legend, "This is to certify that this is the Official Zoning Map referred to in § 212-4 of Ordinance No. 2002-4 of the Borough of Beach Haven, N.J. date of adoption April 8, 2002," and the further legend, "Prepared February 12, 2002, by Borough Engineer Frank J. Little, Jr. P.E., P.P., Owen, Little and Associates, Inc., 443 Atlantic City Boulevard, Beachwood, NJ 08722.
[Amended 4-8-2002 by Ord. No. 2002-4]
(2) 
If, in accordance with the provisions of this chapter and N.J.S.A. 40:55D-1 et seq., changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be made on the Official Zoning Map promptly after the amendment has been approved by the Council, together with an entry on the Official Zoning Map, as follows: "On (date), by official action of the Council, the following change(s) were made in the Official Zoning Map: (brief description of nature of change)," which entry shall be signed by the Mayor and attested by the Borough Clerk.
[Amended 9-13-2010 by Ord. No. 2010-20]
(3) 
No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person shall be considered a violation of this chapter and punishable as provided under this chapter.
(4) 
Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map, which shall be located in the office of the Borough Clerk or other place easily accessible to the public, shall be the final authority as to the current district delineation of land and water areas, buildings and other structures in the Borough, subject to changes by amendment not yet entered thereon.
C. 
Replacement of Official Zoning Map. In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of changes and additions, a new Official Zoning Map, which shall supersede the prior Official Zoning Map, may be prepared at the direction of the Borough Clerk and duly authenticated. The new Official Zoning Map may correct drafting or other errors or omission in the prior Official Zoning Map, but no such correction shall have the effect of amending the original Zoning Ordinance or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor, attested by the Borough Clerk, and bear the seal of the Borough under the following words: "This is to certify that this Official Zoning Map, (date), supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance No. 2002-4 of the Borough of Beach Haven, New Jersey."
[Amended 4-8-2002 by Ord. No. 2002-4]
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
A. 
Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow the center lines.
B. 
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
C. 
Boundaries indicated as approximately following Borough limits shall be construed as following Borough limits.
D. 
Boundaries indicated as following ocean shore lines shall be construed to follow such shore lines, and in the event of change in the shore line, shall be construed as moving with the actual shore line; boundaries indicated as following shore lines other than along the ocean shall be construed to follow the exterior pierhead line established by the Bureau of Navigation of the State of New Jersey.
E. 
Boundaries indicated as parallel to or extensions of features indicated in Subsections A through D above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map where not specifically set forth in this chapter.
F. 
Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by Subsections A through E above, the Board of Adjustment shall interpret the district boundaries.
The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:
A. 
No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, unless in conformity with all of the regulations herein specified for the district in which it is located.
B. 
No building or other structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, or to have narrower or smaller rear yards, front yards, side yards or other open spaces, than herein required; or in any other manner contrary to the provisions of this chapter.
C. 
No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
D. 
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
E. 
All territory which may hereafter be annexed to the Borough shall be considered to be zoned in the same manner as the contiguous territory inside previous Borough limits until otherwise classified.
A. 
Intent.
(1) 
Within the districts established by this chapter or amendments that may later be adopted, there exist lots, structures and uses of land and structures which were lawful before this chapter was passed or amended but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment.
(2) 
It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(3) 
A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.
(4) 
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.
B. 
Nonconforming lots of record.
(1) 
In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots of the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.
[Amended 7-10-2017 by Ord. No. 2017-19C]
(2) 
If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this chapter.
C. 
Nonconforming uses of land. Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
(1) 
No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption.
(2) 
No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption of this chapter.
(3) 
If any such nonconforming use of land ceases for any reasons for a period of more than 12 months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
D. 
Nonconforming structures. Where a lawful structure exists at the effective date of adoption of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued, so long as it remains otherwise lawful, subject to the following provisions:
(1) 
No such structure may be enlarged or altered in any way which increases its nonconformity.
(2) 
Should such structure be destroyed by any means to an extent of more than 75% of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
(3) 
Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
E. 
Nonconforming uses of structures. If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption of this chapter, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
(1) 
No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
(2) 
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designated for such use at the time of adoption of this chapter, but no such use shall be extended to occupy any land outside such building.
(3) 
If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use, provided that the Board of Adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accord with the provisions of this chapter.
(4) 
Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.
(5) 
When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for 12 consecutive months or for 24 months during any three-year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(6) 
Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
F. 
Repairs and maintenance.
(1) 
On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased.
(2) 
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
G. 
Uses under exception provision not conforming uses. Any use for which a special exception is permitted as provided in this chapter shall not be deemed a nonconforming use but shall, without further action, be deemed a conforming use in such district.
[Amended 4-8-2002 by Ord. No. 2002-6; 8-9-2004 by Ord. No. 2004-15]
For the purpose of this chapter, the Borough of Beach Haven is hereby divided into the following districts as seen on the Official Zoning Map:
Symbol
District
RA
Single-Family Residential District
RNA
North Single-Family Residential District
RSA
South Single-Family Residential District
RB
Two-Family Residential District
RC
Multifamily Residential District
BD
Business District
MC
Marine Commercial District
BBO
Bed-and-Breakfast Overlay District
RCB
Multifamily/Bay District
HP
Historic Preservation District
The following regulations shall apply to all RA Districts:
A. 
Principal uses and buildings permitted.
(1) 
Dwelling, single-family.
(2) 
Churches and other places of worship, Sunday school buildings and parish houses.
(3) 
Public and parochial schools, provided that the uses and facilities meet the recommended or required standards of the Commissioner of Education of the State of New Jersey.
(4) 
Public museums and public libraries, provided that they are not operated for pecuniary profit.
(5) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(5), Public utilities structures, was repealed 9-13-2004 by Ord. No. 2004-18.
(6) 
Customary home occupations conducted only by members of the family residing in a dwelling unit plus not more than one person not a resident of the dwelling unit, and conducted entirely within the dwelling or accessory building, provided that no article is sold or offered for sale except as may be produced by members of the immediate family residing in the dwelling and others as herein provided, that not more than 20% of the ground area shall be devoted to such use, and provided that no machinery or equipment is used which shall cause electrical or other interference with radio and television reception in adjacent residences or is productive of excessive noise, dust, smoke, dirt or light.
(7) 
Professional occupations, including but not limited to the following: physician, surgeon, dentist, minister, architect, engineer, attorney, accountant, realtor or builder, provided further that the use shall be conducted within the principal building, that not more than one person not a resident of such building or dwelling is employed in such office and that the total area devoted to such use shall not exceed 20% of the ground floor area. In addition, sufficient off-street parking shall be provided to meet the present and anticipated needs of the use, subject to the further provisions of this chapter.
(8) 
Public playgrounds, conservation areas and parks.
B. 
Accessory uses and buildings permitted.
[Amended 2-6-2013 by Ord. No. 2013-1C; 10-14-2014 by Ord. No. 2014-19C]
(1) 
Private garages, provided that no more than one commercial vehicle not exceeding one-ton capacity may be parked or stored inside or on the premises. No accessory building in any zone shall exceed one story or 15 feet in height above the established street grade.
(2) 
Private residential tool sheds not to exceed 145 square feet in floor area and 10 feet in height, provided that the same are constructed of wood only.
C. 
Prohibited uses and buildings.
(1) 
Any uses and buildings not listed above in Subsections A and B.
(2) 
Garage apartments are specifically prohibited in this district.
(3) 
Heliports, helistops and landing facilities for aircraft of all kinds are prohibited.
[Added 6-28-1982 by Ord. No. 82-6]
D. 
Height limits.
[Amended 1-23-1984 by Ord. No. 84-2; 6-26-1989 by Ord. No. 89-15; 9-13-2004 by Ord. No. 2004-18; 2-6-2013 by Ord. No. 2013-1C]
(1) 
No building of structure shall exceed 35 feet nor three stories in height. The measurement shall be taken from the center-line grade of the nearest improved street or easement on which the building or structure is located. In the case of property fronting on two or more lawful streets, the elevation of the existing center-line street grade to the lowest street shall govern. To determine the height on the vertical plane of the building being measured, a straight, level line perpendicular to the edge of the easement or improved street and running directly from the center-line grade of the said easement or improved street to the vertical face of the building at its closest point to the center-line grade of the improved street or easement shall be marked, from which a vertical line shall be taken upwards to the point of the intersection of the plane of the highest point of the building.[2]
[2]
Editor's Note: Former Subsections D(2) and (3), which immediately followed this subsection, and which dealt with height modifications, were repealed 5-3-1996 by Ord. No. 96-9.
E. 
Every lot in the RA District shall meet the following area and yard requirements:
(1) 
Minimum width of 50 feet.
(2) 
Minimum area of 5,000 square feet.
(3) 
Front yard of not less than 15 feet.
(4) 
Rear yard of not less than eight feet.
(5) 
Two side yards, one not less than five feet, with a combined side yard total of 16 feet.
[Amended 4-8-2002 by Ord. No. 2002-4]
(6) 
Accessory buildings must have a setback of not less than five feet from the lot line.
[Amended 9-22-1997 by Ord. No. 97-16]
(7) 
Minimum lot frontage of 50 feet.
[Added 10-15-1984 by Ord. No. 84-24]
F. 
Percentage of lot coverage. All buildings, including accessory buildings, shall not cover more than 35% of the lot.
G. 
Minimum floor area of residential buildings. Every new single-family building shall have a minimum first-floor area of 816 square feet, exclusive of porches.
H. 
[3]Refer to § 212-3, Definitions and usage.
[3]
Editor's Note: Former Subsection H, Off-street parking requirements, was repealed 9-22-1997 by Ord. No. 97-16. For current provisions, see § 212-23 of this chapter.
A. 
Those regulations which pertain to the RA Single-Family Residential District shall also apply to the RNA District, except that every lot in the RNA District shall meet the following area and yard requirements:
(1) 
Minimum width of 40 feet, except that in the case of new subdivisions, the minimum width shall be 50 feet.
(2) 
Minimum lot area of 4,000 square feet, except that in the case of new subdivisions, the minimum lot area shall be 5,000 square feet.
(3) 
Front yard of not less than 15 feet.
(4) 
Rear yard of not less than eight feet.
[Amended 4-8-2002 by Ord. No. 2002-4]
(5) 
Two side yards, one not less than five feet, with a combined side yard total of 16 feet.
[Amended 4-8-2002 by Ord. No. 2002-4]
(6) 
Minimum first-floor area of 720 square feet, exclusive of porches.
(7) 
Minimum lot frontage of 50 feet.
[Added 10-15-1984 by Ord. No. 84-24]
B. 
[1]Fences and pools shall be allowed in conformance with the provisions of § 212-17 of this chapter.
[1]
Editor's Note: Former Subsection B, regarding private garages and carports on detached dwelling units, was repealed 9-22-1997 by Ord. No. 97-16.
[Amended 10-22-1979 by Ord. No. 79-14]
Those regulations which pertain to the RA Single-Family Residential District shall also apply to the RSA District, except that:
A. 
The only allowed use permitted will be single-family residential dwellings with a minimum ground-floor area of 1,500 square feet for a one-story dwelling and 816 square feet for a two-story dwelling, exclusive of any and all porches.
B. 
Every lot in the RSA District shall meet the following area and yard requirements:
(1) 
Minimum width of 100 feet.
(2) 
Minimum area of 15,500 square feet except those lots abutting or adjacent to Little Egg Harbor Bay or Liberty Thoroughfare, which shall have a minimum area of 30,000 square feet.
(3) 
Front yard of not less than 25 feet.
(4) 
Rear yard of not less than 35 feet, except that those lots abutting or adjacent to Little Egg Harbor Bay or Liberty Thoroughfare shall have a rear yard of not less than 50 feet.
[Amended 2-28-1994 by Ord. No. 94-5]
(5) 
Two side yards, one not less than 10 feet and one not less than 25 feet.
(6) 
[1]Minimum lot frontage of 50 feet.
[Added 10-15-1984 by Ord. No. 84-24]
[1]
Editor's Note: Former Subsection B(6), regarding off-street parking spaces, was repealed 9-22-1997 by Ord. No. 97-16. For current provisions, see § 212-23.
Those regulations which pertain to the RA Single-Family Residential District shall also apply to the RB District, except that:
A. 
In § 212-9A, "Principal uses and buildings permitted," the following additions and/or modifications shall be made:
(1) 
Dwelling, two-family (within one building).
(2) 
Storage of materials and supplies used in the building trade industry by the occupant of the principal building, such as lumber, forms, masonry materials, etc., provided that:
(a) 
The space allotted to such storage shall not exceed 25% of the area of the lot.
(b) 
The materials and supplies are appropriately screened from adjacent residences and from street view by means of a wooden, masonry or evergreen fence.
(c) 
The height of the stored materials and supplies shall not exceed three feet above the established street grade.
B. 
In § 212-9E, "Every lot in the RA District shall meet the following area and yard requirements," the following regulations shall apply:
(1) 
In the case of single-family homes:
(a) 
Minimum width of 40 feet.
(b) 
Minimum area of 4,000 square feet.
(2) 
In the case of two-family homes:
(a) 
Minimum width of 60 feet.
(b) 
Minimum area of 6,000 square feet.
(3) 
In both cases:
(a) 
Front yards of not less than 15 feet.
(b) 
Rear yards of not less than eight feet.
[Amended 4-8-2002 by Ord. No. 2002-4]
(c) 
Two side yards, one not less than five feet with a combined side yard total of 16 feet.
[Amended 4-8-2002 by Ord. No. 2002-4]
C. 
In § 212-9G, "Minimum floor area of residential buildings," the following regulations shall be added:
(1) 
Each dwelling unit of a two-family dwelling shall have a floor plan of at least 720 square feet of living space, exclusive of porches.
(2) 
Each single-family dwelling unit shall have a floor plan of at least 720 square feet of living space, exclusive of porches.
(3) 
There shall be provided at least two entrances to each dwelling unit which shall not be a shared entrance with another unit but which can be by or through a vestibule.
D. 
[1]All new subdivisions created after the effective date of this chapter shall comply with the following requirements:
(1) 
A minimum lot area of 5,000 square feet.
(2) 
A minimum lot frontage of 50 feet.
(3) 
A minimum ground floor area of 816 square feet per dwelling unit.
[1]
Editor's Note: Former Subsection D, regarding off-street parking spaces, was repealed 9-22-1997 by Ord. No. 97-16. For current provisions, see § 212-23.
E. 
Signs shall be allowed in accordance with the provisions of § 212-16 of this chapter.
The following regulations shall apply to all RC Districts:
A. 
Principal uses and buildings permitted; parking required.
[Amended 6-22-1981 by Ord. No. 81-7; 1-23-1984 by Ord. No. 84-2]
(1) 
All uses and buildings permitted in the RB District.
(2) 
Motels and hotels (sleeping units without cooking facilities):
(a) 
Each motel and hotel unit shall have a minimum living space of 8.64 square feet per 100 square feet of land, provided that there shall not be more than three units per 10,000 square feet. One additional unit shall be permitted for each additional 3,333 square feet in addition to the basic 10,000 square feet.[1]
[1]
Editor's Note: Former Subsection A(2)(b), regarding off-street parking space, which immediately followed this subsection, was repealed 9-22-1997 by Ord. No. 97-16. For current provisions, see § 212-23.
(3) 
Efficiency units (sleeping units with cooking facilities) which must be contained within a hotel or motel site, wherein not more than 40% of the number of units on the site are efficiency units:
(a) 
Each unit shall have a minimum living space of 10.80 square feet per 100 square feet of land, provided that there shall be not more then three units per 10,000 square feet. One additional unit shall be permitted for each additional 3,333 square feet in addition to the basic 10,000 square feet.[2]
[2]
Editor's Note: Former Subsections A(3)(b), regarding off-street parking spaces, and A(4), Apartments and other multifamily construction, as amended 2-22-1988 by Ord. No. 88-3, which immediately followed this subsection, were repealed 9-22-1997 by Ord. No. 97-16.
(4) 
Apartments and other multifamily construction.
[Added 7-14-2003 by Ord. No. 2003-9; amended 3-8-2004 by Ord. No. 2004-5]
(a) 
Each one-bedroom unit shall have a minimum habitable area of 16.2 square feet per 100 square feet of land, provided that there shall be not more than one unit per 5,000 square feet of land exclusive of any and all unfilled riparian lands and exclusive of existing wetlands which the New Jersey Department of Environmental Protection will not allow to be filled. In no event, however, shall the total habitable area in the apartment or other multifamily construction exceed 50% of the total land area of the lot on which the project is situate.
(b) 
Each two-bedroom unit shall have a minimum habitable area of 19.5 square feet per 100 square feet of land, provided that there shall not be more than one unit per 5,000 square feet of land exclusive of any and all unfilled riparian lands and exclusive of existing wetlands which the New Jersey Department of Environmental Protection will not allow to be filled. In no event, however, shall the total habitable area in the apartment or other multifamily construction exceed 50% of the total land area of the lot on which the project is situate.
(c) 
Each three-bedroom unit shall have a minimum habitable area of 23.40 square feet per 100 square feet of land, provided that there shall not be more than one unit per 5,000 square feet of land exclusive of any and all unfilled riparian lands and exclusive of existing wetlands which the New Jersey Department of Environmental Protection will not allow to be filled. In no event, however, shall the total habitable area in the apartment or other multifamily construction exceed 50% of the total land area of the lot on which the project is situate.
(d) 
Cluster development. Each unit shall have a minimum habitable area of 23.40 square feet per 100 square feet of land, provided that there shall be not more than one unit per 4,000 square feet of land exclusive of any and all unfilled riparian lands and exclusive of existing wetlands which the New Jersey Department of Environmental Protection will not allow to be filled. In no event, however, shall the total habitable area in the buildings constituting the cluster development exceed 50% of the total land area of the lot on which the project is situate.
(e) 
In any cluster development the minimum distance between each building shall be 10 feet.
B. 
Accessory uses and buildings permitted.
(1) 
Restaurants, luncheonettes, taverns, cocktail lounges, gift shops and personal service establishments such as barbershops and beauty parlors, when contained within or attached to the principal buildings permitted under Subsection A(2), (3) and (4) above.
C. 
Prohibited uses and buildings.
(1) 
Any use or building not permitted under Subsections A and B above.
(2) 
Heliports, helistops, and landing facilities for aircraft of all kinds are prohibited.
[Added 6-28-1982 by Ord. No. 82-6]
(3) 
Radio towers, telecommunications towers, towers for the transmission of high frequency or low frequency broadcast signals or towers used for the broadcast of ionizing or nonionizing radiation of any sort, kind or description.
[Added 9-13-2004 by Ord. No. 2004-18]
D. 
Building height. No building or structure shall exceed 35 feet nor three stories in height. The measurement shall be taken from the center-line grade of the nearest improved street or easement on which the building or structure is located. In the case of property fronting on two or more lawful streets, the elevation of the existing center-line street grade of the lowest street shall govern. To determine the height on the vertical plane of the building being measured, a straight, level line perpendicular to the edge of the easement or improved street and running directly from the center-line grade of the said easement or improved street to the vertical face of the building at its closest point to the center-line grade of the improved street or easement shall be marked, from which a vertical line shall be taken upwards to the point of the intersection of the plane of the highest point of the building.
[Amended 1-23-1984 by Ord. No. 84-2; 9-13-2004 by Ord. No. 2004-18; 2-6-2013 by Ord. No. 2013-1C]
E. 
Every lot in the RC District shall meet the following area and yard requirements:
(1) 
Every lot used for single-family or two-family residence purposes as permitted under Subsection A(1) above shall conform to the area and yard requirements of the RB District.
(2) 
The minimum area and width of a lot used for multifamily housing (three units or more) under Subsection A(2), (3) and (4) above shall be 12,000 square feet with not less than 120 feet of frontage.
(3) 
Side yards shall be a minimum of five feet each.
(4) 
Rear yards shall be a minimum of five feet.
(5) 
Front yards shall have a minimum of 15 feet.
[Added 1-23-1984 by Ord. No. 84-2]
F. 
Lot coverage. Maximum lot coverage shall not exceed the following percentages of the total lot area:
[Amended 1-23-1984 by Ord. No. 84-2]
(1) 
Thirty-five percent for motels/hotels and efficiencies as permitted under Subsection A(2) and (3) above.
(2) 
Thirty percent for apartments and multifamily uses as permitted under Subsection A(4) above.
G. 
Parking regulations.
(1) 
Required parking areas must be provided within the property lines and will be permitted under buildings, provided that sufficient fire protection is afforded to the spaces above.
(2) 
Parking shall not be provided closer than five feet to any lot line unless curbing, a fence or some such similar device is provided to prevent intrusion or extension of vehicles onto another property.
(3) 
Except for detached dwelling units, a screened planting of a dense evergreen material not less than four feet in height shall be provided between all off-street parking areas and any lot line or street line except where a building intervenes or where the distance between such areas and the lot line or street line is greater than 100 feet.
(4) 
Off-street parking lots shall not be permitted to extend into a public right-of-way, except for driveways permitting ingress and egress for such parking lot.
H. 
All uses set forth under Subsection A(2), (3) and (4) above shall require site plan approval as provided under this Code.
[Amended 1-23-1984 by Ord. No. 84-2]
I. 
Signs shall be allowed in accordance with § 212-16 of this chapter.
The following regulations shall apply to all BD Districts:
A. 
Principal uses and buildings permitted.
(1) 
All uses permitted in the RC District, subject to the provisions regulating the same.
(2) 
Any retail shopping facilities or service establishment which supplies commodities or performs a service primarily for residents of the surrounding neighborhood, such as grocery stores, delicatessens, meat markets, drugstores, variety stores, antique and gift shops, furniture stores, bakery shops, restaurants, luncheonettes, barbershops, beauty shops, clothes cleaning and laundry pickup establishments, banks, real estate offices, business or professional offices.
(3) 
Gasoline stations and public garages may be permitted as conditional uses, provided that the following standards and conditions are complied with:
(a) 
An application for conditional use approval, including a set of plans, specifications and plot plans, is submitted to the Building Administrator showing all structures, pumps, storage tanks, parking areas and driveways for ingress and egress.
(b) 
All pumps shall be located outside buildings and on private property, and in no case within 20 feet of any street line.
(c) 
All automobile parts, dismantled vehicles and similar articles are stored within a building, and all fuel, oil or similar substances are stored in accordance with the Fire Prevention Code of the Borough,[1] as amended, and all applicable state and federal regulations.
[1]
Editor's Note: See Ch. 95, Fire Prevention.
(d) 
Such use shall comply with the Fire Prevention Code of the Borough, as amended, and all applicable state and federal regulations.
(e) 
The Planning Board or the Board of Adjustment of the Borough shall grant or deny such permit in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. and the Land Use Procedure Ordinance of the Borough of Beach Haven.[2]
[2]
Editor's Note: See Ch. 19, Land Use Administration.
(4) 
Mixed uses consisting of the various permitted uses in this zone on the same property within one building subject to the provisions regulating same.
[Added 10-11-2005 by Ord. No. 2005-23A]
B. 
Prohibited uses, buildings and structures. The following buildings, structures and uses are specifically prohibited in the BD District:
(1) 
Shipbuilding yards or ways; marine railways; machine shops; fish packing, shipping, canning, processing or storage; bottling plants; junkyards; airfields; landing bases; automobile wrecking yards; carpet-, rag- or bag-cleaning establishments; or any process of manufacture or treatment which is not clearly incidental to the retail business conducted on the premises.
(2) 
Carousels, roller coasters, merry-go-rounds, Ferris wheels or other mechanical rides; pony tracks; miniature golf courses; golf driving range; trampolines; and wild animal exhibits.
(3) 
Any type of business using jukeboxes or record players with external speakers to attract attention to the business being conducted within the premises.
(4) 
Any business using sidewalk displays.
[Amended 5-9-2016 by Ord. No. 2016-8C]
(5) 
Trailers, trailer parks, dance halls and used car lots.
(6) 
Any process of assembly, manufacturing or treatment using power in excess of 25 total horsepower or constituting a nuisance by reason of odor, smoke or noise.
(7) 
Amusements or attractions of any sort, kind or description, except as may be permitted pursuant to § 48-8 of the Code of the Borough of Beach Haven.
[Amended 7-25-1983 by Ord. No. 83-16]
(8) 
No building or structure shall exceed 35 feet nor three stories in height. The measurement shall be taken from the center-line grade of the nearest improved street or easement on which the building or structure is located. In the case of property fronting on two or more lawful streets, the elevation of the existing center-line street grade to the lowest street shall govern. To determine the height on the vertical plane of the building being measured, a straight, level line perpendicular to the edge of the easement or improved street and running directly from the center-line grade of the said easement or improved street to the vertical face of the building at its closest point to the center-line grade of the improved street or easement shall be marked, from which a vertical line shall be taken upwards to the point of the intersection of the plane of the highest point of the building.
[Amended 1-23-1984 by Ord. No. 84-2; 9-13-2004 by Ord. No. 2004-18; 2-6-2013 by Ord. No. 2013-1C]
(9) 
Heliports, helistops, and landing facilities for aircraft of all kinds are prohibited.
[Added 6-28-1982 by Ord. No. 82-6]
(10) 
Radio towers, telecommunications towers, towers for the transmission of high frequency or low frequency broadcast signals or towers used for the broadcast of ionizing or nonionizing radiation of any sort, kind or description.
[Added 9-13-2004 by Ord. No. 2004-18]
C. 
Accessory uses permitted.
(1) 
Off-street parking in conformance with the provisions of Subsection F of this section.
(2) 
Fences and walls.
(3) 
Garages to house delivery trucks or other commercial vehicles.
(4) 
Upon application by the holder of a validly issued building permit, the Building Department of the Borough of Beach Haven shall issue a permit for temporary construction or storage trailers and one sign not exceeding 15 square feet advertising the prime contractor, subcontractors, architect, financing institution and similar data for the period of construction beginning with the issuance of a building permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, provided that the trailer and sign are on the site where construction is taking place and set back at least 15 feet from the street and lot lines.
[Amended 4-13-2009 by Ord. No. 2009-9]
(a) 
Construction or storage trailers may be parked on the street adjacent and contiguous to the site where any construction is taking place during the period commencing September 16 and terminating May 14 of the following year during construction, alteration or repair of the structure.
(b) 
If the construction, alteration or repair taking place on a property is not completed within one year from the issuance of the permit, upon application by the owner a permit extension for a period not to exceed one year and not to exceed the term preceding the issuance of a certificate of occupancy may be applied for by the owner and such extension permit shall be issued by the Building Department, provided that the application for the extended permit is made prior to the expiration of the initial permit.
(5) 
Roll-off containers.
[Added 4-13-2009 by Ord. No. 2009-9]
(a) 
Roll-off containers are permitted, on lots where a validly issued building permit has been issued, during the period between the issuance of the building permit and the issuance of a certificate of occupancy for a period not to exceed one year. If the lot upon which construction is to take place pursuant to a validly issued building permit has been issued, has insufficient area to place a roll-off container, upon application by the holder of the validly issued permit, the Building Department of the Borough of Beach Haven shall issue a permit for the placement of a roll-off container on the street immediately contiguous to the lot upon which construction or demolition is to take place. The application shall be accompanied by a cash bond in the amount of $500, which shall be held by the Borough until the roll-off container has been removed and any indentations caused in the macadam have been repaired to the satisfaction of the Borough Engineer. If indentations have not been repaired to the Engineer's satisfaction within 30 days of the removal of the roll-off container, so much of the bond as may be necessary to defray the cost of repair shall be expended by the Borough and the repairs shall be made. Upon the conclusion of the repairs, so much of the bond as remains shall be returned to the permittee upon application therefor, including the entire bond if the permittee has made the necessary repairs. No permit may be issued for a roll-off container to be placed in the street between the 15th of May and the 15th of September in any year.
(b) 
Roll-off containers are also permitted on lots where the lot owner is disposing of trash or refuse in such quantity as to exceed the capacity of normal trash containers and dumpsters. A permit shall be issued by the Building Department upon application by the lot owner setting forth the need for the roll-off container, the reasonable length of time for which it is required and detailing the type of trash or refuse to be disposed of. The application shall be accompanied by a fee in the amount of $25 and shall detail the type of trash or other refuse to be disposed of. The permit shall be valid for not more than 30 days and may, upon a new application, be extended for an additional period of not more than 30 days. If the lot where the roll-off container is to be utilized has insufficient area to place a roll-off container, the permit shall permit the placement of the roll-off container on the street immediately contiguous to the lot from which the trash or other debris is generated. Such placement on the street shall conform with the requirements of Subsection C(5)(a) above.
D. 
Area and yard requirements.
(1) 
Principal building, minimum.
(a) 
Lot area: 3,600 square feet.
(b) 
Lot frontage: 40 feet.
(c) 
Lot width: 40 feet.
(d) 
Side yard: In order to encourage an end product which provides parking, access and architectural continuity even where development occurs piecemeal and with diverse ownership, buildings may be attached and may be built to the interior side line(s) in order to be attached. Attached buildings may include two walls which must be keyed to each other. Where buildings are built to both side lot lines, the site plan shall be accompanied by appropriate documents and plans showing properly located loading space and trash receptacles with permitted access across adjacent properties.
(e) 
Rear yard: 25 feet.
(2) 
Accessory building, minimum.
(a) 
Distance to side line: 10 feet.
(b) 
Distance to rear line: 10 feet.
(c) 
Distance to other building: 20 feet.
(3) 
Maximum lot coverage.
(a) 
Building coverage of principal building: 75%.
(b) 
Building coverage of accessory building(s): 20%.
(4) 
Notwithstanding anything to the contrary in Subsection D(1) of this section, the minimum lot area and minimum lot frontage in the BD District for those lots adjacent to or abutting Bay Avenue from Leeward Avenue to the southern boundary line of the Borough of Beach Haven shall be as follows:
(a) 
Minimum lot area: 4,000 square feet.
[Amended 1-23-1984 by Ord. No. 84-2]
(b) 
Minimum lot frontage: 40 feet. All other requirements shall be the same as set forth above.
E. 
General requirements.
(1) 
One building may contain more than one use, provided that the total building coverage of the combined uses does not exceed the maximum building coverage specified for this district.
(2) 
Outdoor display of merchandise and products offered for sale or rent and the outdoor consumption of food offered for sale.
[Amended 8-23-1993 by Ord. No. 93-23; 4-17-2012 by Ord. No. 2012-5C]
(a) 
The outdoor display of merchandise or products offered for sale or for rental shall be permitted on property owned or leased and operated by the licensed business entity occupying the premises on which the items are being displayed. The display of items will be permitted pursuant to the regulations established in § 141-4 of the Code of the Borough of Beach Haven, and such items may be displayed both on the property of the merchant not burdened by the public right-of-way and also on the public right-of-way contiguous to the property pursuant to the regulations in § 141-4 of the Beach Haven Code.
(b) 
The license referred to in Subsection A above is a mercantile license applied for and issued by the Borough of Beach Haven pursuant to the provisions of Chapter 120 of the Code of the Borough of Beach Haven.
(c) 
The purpose of this amendment is to encourage appropriate commercial utilization of commercial property situate in the Business District and the Marine Commercial District of the Borough of Beach Haven. Such development shall be balanced with the esthetic visual impact on visitors to the Borough of Beach Haven, applying the standard of developing an attractive high-quality seashore residential resort community, avoiding a garish atmosphere and retaining for the Borough of Beach Haven a reasonable commercial atmosphere of decorum balanced by the primary residential nature of the Borough. The further policy and purpose of the regulations and permission of outdoor display is to avoid congestion and obstruction of pedestrian traffic and the avoidance of visual distraction to drivers of motor vehicles on the public streets in the Business District and the Marine Commercial District, which distraction could cause unsafe driving. A further purpose of this amendment is to avoid congestion and obstruction of pedestrian traffic that occurs or may occur as a result of the cyclical transport of rented recreational items, often of substantial size and weight, in and out of doors fronting on the public right-of-way.
(d) 
Merchandise or products offered for rental on an hourly, daily, weekly or other short period of time for recreational use, e.g., bicycles, quadracycles, surfboards, kayaks, rafts, flotation devices, boogie boards, and all items of a similar nature, may be displayed on private property outside in connection with any licensed commercial business in the Business District or the Marine Commercial District.
(2.1) 
Outdoor consumption of foodstuffs.
[Added 4-17-2012 by Ord. No. 2012-5C]
(a) 
Businesses offering foodstuffs within the interior of the licensed commercial building for on- or off-premises consumption may, for the convenience of their customers, place tables and chairs outside of the building where the business is being operated for the consumption of foodstuffs sold by such business. The tables and chairs shall be offered only for the convenience of customers who have purchased the foodstuffs inside of the commercial building and wish to consume the same at their leisure outside of the building. The business shall maintain adequate trash and garbage receptacles and shall be responsible for policing the area to see to it that their customers utilize the appropriate trash receptacles.
(b) 
The tables and chairs may be placed on the lot owned by the business or in the public right-of-way, provided that the area of the public right-of-way remaining unobstructed shall be in accordance with § 141-4C of the Beach Haven Code.
(c) 
Any business placing tables and chairs at the exterior of the building may not place any tables and chairs in addition to those permitted in the business property pursuant to its site plan. The licensee may transport tables and chairs from the interior of the business and place them in the out-of-doors so long as the entire seating capacity for the business does not exceed that approved by the Planning Board or the Land Use Board of the Borough of Beach Haven in granting site plan approval. If no site plan approval has previously been granted, the total number of tables and chairs, both inside and outside, to be permitted shall not exceed the number calculated by determining the total number of tables and chairs which would be permitted in the building under the current provisions of the various codes of the Borough of Beach Haven. Any business which, prior to the adoption of this section, has maintained tables and chairs at the exterior of the building maintaining the licensed premises may, within 30 days of the publication of this amendment on final passage, apply to the Zoning Officer of the Borough of Beach Haven and shall be entitled to a certificate of nonconformity of the requirements contained in this subsection and in Chapter 141 of the Beach Haven Code.
(d) 
No outdoor display permitted pursuant to this section shall be placed in any required parking area so as to diminish in any way the parking spaces provided for the commercial building exercising the authority for outdoor display permitted by this section.
(e) 
Any outdoor display of merchandise for sale in the licensed business premises shall not cover an area in excess of 60 square feet, having maximum dimensions of three feet by 20 feet. In addition to the foregoing, the 60 square feet shall be located in an area not exceeding three feet in width and running parallel and contiguous to the front property line of the property on which the display is located where that property line meets the public right-of-way. The restriction contained in this subsection shall not apply to the placement of tables and chairs as permitted pursuant to Subsection E(2.1)(a) through (c) above.
(f) 
The outdoor displays may also be permitted on porches, decks or raised walkways, subject to and pursuant to the regulations contained in § 141-4 of the Beach Haven Code.
(g) 
The display of merchandise, goods and property for sale or for rental displayed in an area located within the vertical plane extending from any permanent roofed structure to the ground or a deck located entirely within the boundary of the licensee’s property shall not be considered an outdoor display but shall be subject to all of the requirements of Chapter 212 of the Beach Haven Code.
(h) 
The outdoor display of merchandise for sale or for rent in the side and rear yards of any licensed business in the Borough of Beach Haven shall not be permitted unless the business has received site plan approval for such display or, within 30 days of the final passage of this amendment, has secured from the Building Department of the Borough of Beach Haven a certificate of nonconformity.
(3) 
All buildings shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes, which shall not include unpainted or painted cinder-block or concrete-block walls.
(4) 
All areas not utilized for buildings, parking, loading access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings and maintained in good condition.
(5) 
A minimum buffer area of 10 feet in width shall be provided along any common property line with a residential district or residential use.
(6) 
Landscaping shall be provided wherever possible along street and lot lines. Wherever a commercial use abuts a residential zone, a solid landscaped screen of evergreen trees or evergreen hedge-type material not less than five feet high shall be planted and maintained.
[Added 2-25-1985 by Ord. No. 85-2]
F. 
Minimum off-street parking. There shall be provided at the time of erection or enlargement of any principal building minimum off-street parking spaces as required in § 212-23 of this chapter.
[Amended 1-23-1984 by Ord. No. 84-2]
G. 
Minimum off-street loading.
(1) 
Each activity shall provide for off-street loading and unloading with adequate ingress to and egress from streets and shall provide such area(s) at the side or rear of the building. Each space shall be at least 15 feet by 30 feet, and one space shall be provided for every 4,000 square feet of gross floor area or fraction thereof in each building. There shall be no loading or unloading from the street.
(2) 
There shall be at least one trash and garbage pickup location provided by each building which shall be separated from the parking area either by location within the building or, if located outside the building, shall consist of a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of the three. If located within the building, the doorway may serve both the loading and trash/garbage functions, and, if located outside the building, it may be located adjacent to or within the general loading area(s), provided that the container in no way interferes with or restricts loading and unloading functions.
H. 
Signs.
(1) 
Local retail and service activities, banks and professional offices may have one lighted or unlighted sign displaying the name of the use attached to the front of the building, not exceeding an area equivalent to 5% of the front of that portion of the building which is devoted to the advertised use or 50 square feet, whichever is smaller. Where the building(s) are designated for rear or side entrances, one unlighted sign may be attached to the building at the rear or side entrance, each sign not to exceed an equivalent to 1/2 that of the sign on the front of the building.
[Amended 4-9-1984 by Ord. No. 84-10; 8-8-2011 by Ord. No. 2011-17C]
(2) 
A shopping area consisting of more than five separate uses grouped together may have one freestanding, lighted but nonmoving sign along each arterial or collector road which the tract in question abuts, provided that there exists at least 200 feet of unbroken frontage. Such sign shall not exceed a height of 20 feet, shall be set back from the street rights-of-way and driveways at least 25 feet, shall be set back from any property line a minimum of 75 feet and shall not exceed an area of 100 square feet.
(a) 
Where uses share a common walkway, each use served by the walkway may have one additional sign identifying the use, suspended in perpendicular fashion from the roof over the walkway. Suspended signs shall be no closer than eight feet at their lowest point to the finished grade level below them. No such sign shall exceed eight feet at its lowest point to the finished grade level below them. No such sign shall exceed eight square feet in area.
(b) 
All signs in a shopping area shall conform in character to all other signs in the complex and shall blend with the overall architectural scheme of the shopping area.
(3) 
Service stations may be permitted one freestanding sign, lighted but nonmoving, and one sign attached to the building. The freestanding sign shall not exceed the building height, shall be set back at least 10 feet from the street right-of-way and shall not exceed 30 square feet in area. The attached sign shall not exceed 20 square feet in area nor exceed the height of the roofline.
[Amended 4-9-1984 by Ord. No. 84-10]
(4) 
See § 212-16 of this chapter for additional regulations.
[Added 4-8-2002 by Ord. No. 2002-4]
The following regulations shall apply to all BBO Districts:
A. 
Principal uses and buildings permitted.
(1) 
Bed-and-breakfast, which is an owner- or manager-occupied dwelling providing overnight accommodations and a morning meal to transients for compensation.
(2) 
Those uses and buildings permitted in whatever district the bed-and-breakfast use is located in the overlay zone, subject to the provisions regulating the same, except as herein provided.
B. 
A bed-and-breakfast shall contain no more than 12 guest rooms.
C. 
A bed-and-breakfast shall restrict the service of meals to overnight guests.
D. 
The architectural style of the bed-and-breakfast structure shall be developed to maintain and foster the residential character of the neighborhood in which it is situated.
E. 
Minimum lot area for a bed-and-breakfast use in the BBO District shall be 5,000 square feet.
F. 
Minimum parking for a bed-and-breakfast use located in a BBO District shall be one space per guest room, plus one space for owner/manager's room.
G. 
Setbacks and other bulk requirements for bed-and-breakfast use shall be as required for the RA Zone.
The following regulations shall apply to all MC Districts:
A. 
Principal uses and buildings permitted.
(1) 
Those uses and buildings permitted in the RB and RA Districts, subject to the provisions regulating the same.
[Amended 4-8-2002 by Ord. No. 2002-4]
(2) 
Marine services such as dockage, boat landing, boat repairs and marine gasoline pumps on docks or bulkheads.
(3) 
Boat sales and rentals.
(4) 
Marine engine sales and repairs.
(5) 
Marine supplies and equipment sales.
(6) 
Bait and tackle sales.
(7) 
Shipbuilding yards and ways.
(8) 
Retail fish markets.
(9) 
Wholesale establishments for packing and shipping fish, but not including any process involving heat or cooking.
(10) 
Storage of boats in conjunction with waterfront marine operations but subject to the further provisions of this section.
(a) 
Outside storage shall be limited to two levels on property contiguous to waterfront marine operations. In no cases shall the upper level exceed 12 feet in height, nor shall it exceed two levels of boats.
(b) 
Inside storage: Racking of boats on more than two levels must be within a fully enclosed building.
(11) 
Restaurants, taverns, cocktail lounges and yacht clubs.
[Amended 1-23-1984 by Ord. No. 84-2; 4-8-2002 by Ord. No. 2002-4]
(12) 
Gift shops.
(13) 
Any accessory uses and structures customarily associated with a permitted use or structure and clearly incidental to the principal use and/or structure permitted on the lot.
(14) 
All commercial buildings in this area must be of fire-resistive construction in accordance with the State Uniform Construction Code, as amended and supplemented.
(15) 
Mixed uses consisting of the permitted uses in this zone on the same property within one building subject to the provisions regulating same.
[Added 10-11-2005 by Ord. No. 2005-23A]
B. 
Minimum lot area in the MC District shall be 6,000 square feet, and, in those instances where a marina is operated, there shall also be required minimum frontage of 100 feet along an improved street.
[Amended 6-24-1985 by Ord. No. 85-9]
C. 
Parking requirements.
[Amended 1-23-1984 by Ord. No. 84-2]
(1) 
Marinas shall provide one off-street parking space for each three boat slips.
(2) 
In the case of rack-type operations, one off-street parking space must be provided for every three boats stored.
(3) 
All off-street parking spaces shall comply with the provisions of §§ 212-23 and 212-13G of this chapter.
(4) 
In the case of commercial party, passenger, ferry or fishing vessels with a licensed capacity in excess of six passengers, excluding crew:
[Added 11-4-1984 by Ord. No. 84-25A; amended 7-28-1997 by Ord. No. 97-15]
(a) 
Total number of parking spaces required equals the maximum licensed capacity for passengers and crew, less six, divided by three. Any resulting fraction shall require a full parking space.
(b) 
The provisions of this section shall not affect such vessels in existence and operating in the Borough of Beach Haven on the effective date of this section. Such vessels may continue to operate and may be replaced in kind but shall not be replaced with vessels with greater capacity for passengers and crew than currently exist without complying with this Subsection C(4) or obtaining a variance from same.
D. 
All multifamily, commercial and marine commercial construction shall be subject to site plan approval.
E. 
Prohibited uses. The following uses are specifically prohibited in the MC Marine Commercial District:
[Added 6-28-1982 by Ord. No. 82-6]
(1) 
Those uses prohibited pursuant to § 212-14B(2) through (10), inclusive.
[Amended 9-13-2004 by Ord. No. 2004-18]
(2) 
Heliports, helistops and landing facilities for aircraft of all kinds are prohibited.
F. 
Marinas: rest room facilities required. Rest room facilities shall be provided in all marinas for the general public.
[Added 6-24-1985 by Ord. No. 85-9]
[Added 4-8-2002 by Ord. No. 2002-4]
The following regulations shall apply to all RCB Districts:
A. 
Principal uses and buildings permitted.
(1) 
Those uses permitted in the RC, RB and RA Districts, not including accessory uses as set forth in § 212-13B, and subject to the provisions regulating the same.
(2) 
Boat slips.
B. 
Conditional uses and buildings permitted. All uses and buildings as permitted by the Zoning Ordinance of the Borough of Beach Haven in the Marine Commercial Zone shall be permitted upon the application to and approval by the Land Use Board of the Borough of Beach Haven for a permit to construct such buildings or enter into such land uses as conditional uses as that term is provided for in N.J.S.A. 40:558-6 7. In considering any application for a conditional use, the Land Use Board shall consider the suitability of the proposed use and structures, the impact thereof on neighboring properties, the impact thereof on traffic, the impact thereof on municipal services and the conformity thereof with the requirements of the Zoning Ordinance of the Borough of Beach Haven for such use or improvement. In addition, the Land Use Board of the Borough of Beach Haven, in considering such conditional use application, shall consider the safety of neighboring property and persons occupying such property if the sought conditional use is permitted. Where any marine commercial use is proposed as a conditional use, a minimum planted buffer of 20 feet shall be maintained between such use and adjoining residential uses. The bulk requirements of the Marine Commercial Zone shall also apply. Where the term "traffic" is used in this section it shall mean motor vehicle traffic, pedestrian traffic and watercraft traffic.
C. 
Prohibited uses, buildings and structures. All uses, buildings and structures as enumerated in § 212-14B(1) through (10) of this chapter, as amended by Ordinance No. 2004-18 of the Borough of Beach Haven, are prohibited.
[Added 9-13-2004 by Ord. No. 2004-18]
A. 
Signs in RA, RNA, RSA and RB Districts. No signs, billboards, advertising structures or similar items are permitted except as follows:
(1) 
One lighted professional office announcement sign not over five square feet in area.
(2) 
One unlighted home occupation announcement sign not over five square feet in area for each dwelling in which a home occupation is conducted.
(3) 
One lighted sign not to exceed 12 square feet in area for a church, school, public museum or similar use set back a minimum of five feet from any property line. Directional signs for specific buildings, driveways and off-street parking areas not exceeding two square feet may be provided at the entrance to any such building, driveway or parking area.
(4) 
One unlighted sign no larger than 12 inches by 12 inches or one unlighted real estate sign no larger than 18 inches by 24 inches inside the premises or attached to the building.
[Amended 4-9-1984 by Ord. No. 84-10]
(5) 
One unlighted sign not over six square feet in area identifying the architect and/or artisan(s) designing, building, painting, repairing, modifying, landscaping or decorating a building or lot during actual construction and for a period of two weeks thereafter.
(6) 
Lighted signs, where permitted, excluding neon, flashing, digital, and animated signs. Such signs are expressly prohibited. Additionally, no lighted sign shall produce a strong, dazzling light or a reflection of a strong, dazzling light or glare beyond property lines. Lighted signs shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining dwelling units, adjoining districts or streets. For the purposes of § 212-16, the following definitions shall apply:
[Amended 3-12-2018 by Ord. No. 2018-2C]
(a) 
Animated sign: A sign depicting action, motion, or light or color changes through electrical or mechanical means;
(b) 
Digital sign: A sign made up of internally illuminated components capable of changing the message periodically. Digital displays may include but are not limited to LCD, LED, or plasma displays;
(c) 
Flashing sign: A sign whose artificial illumination is not kept constant in intensity at all times when in use and which exhibits changes in light, color, direction, or animation:
(d) 
Neon sign: A sign illuminated by a neon tube, or other visible light-emanating gas tube, that is bent to form letters, symbols, or other graphics. A neon sign spelling out the word "open," which is placed indoors in a manner which can be read from the exterior through a window shall not be included within this definition of "neon sign," but remains subject to the sign permitting process.
(7) 
One signboard per storefront, not larger than six feet in area. Signboards may be placed on the lot owned by the business or in the public right-of-way, provided that the area of the public right-of-way remains unobstructed in accordance § 141-4C of the Code of the Borough of Beach Haven. Signboards shall be removed and shall be placed indoors at the close of the business day.
[Added 5-9-2016 by Ord. No. 2016-8C[1]]
[1]
Editor's Note: This ordinance also renumbered former Subsection A(7) as Subsection A(8).
(8) 
No sign as authorized herein shall be erected without first obtaining a permit therefor from the Building Administrator, who shall issue the same upon being satisfied that such sign will not violate this chapter and upon payment of the appropriate permit fee; provided, however, that this subsection shall not apply to those signs allowed by Subsection A(4) above.
B. 
Signs in the RC District:
(1) 
Any signs permitted under Subsection A above.
(2) 
One lighted sign not to exceed six square feet in area for each apartment house set back a minimum distance of five feet from the property line or attached to or within the building. Such sign may not be a neon or flashing sign.
(3) 
One lighted sign not to exceed 35 square feet in area for each motel or hotel is permitted. Such sign shall be attached to the building, but, if erected on or above the roof of the building, such sign shall be set back a minimum distance of five feet from the property line. Flashing, digital, neon, and animated signs are not permitted. Additionally, no lighted sign shall produce a strong, dazzling light or a reflection of a strong, dazzling light or glare beyond property lines. Lighted signs shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining dwelling units, adjoining districts or streets. Directional signs for specific buildings, driveways and off-street parking areas not exceeding two square feet may be provided at the entrance to any such building, driveway or parking area.
[Amended 3-12-2018 by Ord. No. 2018-2C]
(4) 
No sign authorized herein shall be erected without first obtaining a permit therefor from the Building Administrator, who shall issue the same upon being satisfied that such sign will not violate this chapter and upon payment to him of the appropriate review fee; provided, however, that this subsection shall not apply to those signs allowed by Subsection A(4) above.
C. 
Signs in the BD and MC Districts:
(1) 
Any signs permitted under Subsection A or B above.
(2) 
Any signs permitted under § 212-14H of this chapter.
(3) 
No sign as authorized hereunder shall be erected without first obtaining a permit therefor from the Building Administrator, who shall issue the same upon being satisfied that such sign will not violate this chapter and upon payment to him of the appropriate permit fee; provided, however, that this subsection shall not apply to signs allowed by Subsection A(4) above.
D. 
Prohibited features.
(1) 
No sign shall be erected, used or maintained which in any way simulates official, directional or warning signs erected or maintained by the State of New Jersey, by any county or municipality thereof or by any public utility or similar agency concerned with the protection of the public health or safety.
(2) 
No neon sign or similar illuminated advertisement shall be of such color or located in such a fashion as to diminish or detract in any way from the effectiveness of any traffic signal or similar safety or warning device.
(3) 
The following advertisements are specifically prohibited: any advertisement which uses a series of two or more signs placed in a line parallel to the highway or in similar fashion, all carrying a single advertising message, part of which is contained on each sign.
(4) 
No sign shall have flashing lights or exposed high-intensity illumination.
E. 
Permit fee. No sign shall be erected pursuant to the terms of this section before paying a zoning fee of $25 to the Borough of Beach Haven.
[Added 2-9-2009 by Ord. No. 2009-6]
(1) 
No signboard shall be displayed before paying a zoning fee of $50 annually, to coincide with mercantile license renewals, to the Borough of Beach Haven. If the signboard will be placed in the Borough right-of-way, the application shall be accompanied by a certificate of insurance showing that the Borough of Beach Haven is an additional insured on the mercantile owner's policy, which shall have limits of not less than $1,000,000.
[Added 5-9-2016 by Ord. No. 2016-8C]
A. 
A stockade or solid fence is permitted along the rear lot lines, except in the case of corner lots, where they are only permitted along the rear 2/3 of those lot lines which do not abut a street. In residential zones, a five-foot solid fence with one-foot lattice along rear lot lines to rear corners of the house for a total of six feet maximum is permitted.
[Amended 2-9-2015 by Ord. No. 2015-9C]
B. 
A post and rail fence or a fence which has an opacity ratio of 50% or such greater open ratio may be permitted along any lot line, provided the fence is no more than five feet maximum with 50% opacity along side lot lines to front corners of the house. In addition, the fence shall be no more than four feet maximum with 50% opacity from front corners of the house to front property line, subject to further provisions of this section.
[Amended 2-9-2015 by Ord. No. 2015-9C]
C. 
Any fence exceeding five feet in height in the above area must be chain-link type; provided, however, that no such fence shall exceed 10 feet in height.
D. 
In all cases, a fence permit shall be obtained from the Building Administrator.
E. 
Pool restrictions.
(1) 
In residential areas, the construction of pools is restricted to rear yards only with the exception of a corner lot where pools are permitted in the side yard.
[Amended 2-9-2009 by Ord. No. 2009-1]
(2) 
Pools in other than residential areas are subject to site plan approval.
(3) 
In all cases, the construction of a pool requires a building permit.
(4) 
In all cases, pools must conform to state fencing regulations.
(5) 
All pools and pool equipment must maintain a minimum five-foot setback from the property line.
[Added 2-9-2009 by Ord. No. 2009-1]
F. 
Lands abutting commercial property. In areas wherein a residential property abuts commercial property, structures or uses in the Borough of Beach Haven, a stockade or solid fence may be erected along the lot line where the residential property abuts the commercial property, structure or use, by either the residential lot owner or commercial property owner. Said fence may be erected to a height of eight feet within the property line area. This subsection is subject to Subsection D.
[Added 7-26-1993 by Ord. No. 93-17]
A. 
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 provision in this chapter. It shall be the duty of the Zoning Officer to cause any building, plans or premises to be inspected or examined and to order in writing the remedying of any conditions found to exist in violation of any provision of this chapter, and he shall have the right to enter any building or premises during the daytime in the course of his duties.
[Amended 10-27-1986 by Ord. No. 86-15]
B. 
Certificates and permits.
(1) 
A charge of $30 shall be made for all minor permits (decks, sheds and air-conditioning structures) and a charge of $60 for all major permits (habitable area) as provided for in Subsection B(2), (3) and (4) hereof, including zoning permits, conditional use permits and temporary use permits which charge shall be in addition to any application fee imposed by way of Borough ordinance or by rule of the appropriate approving authority.
[Amended 10-27-1986 by Ord. No. 86-15; 4-28-1997 by Ord. No. 97-5; 2-9-2009 by Ord. No. 2009-6]
(2) 
Zoning permits. Zoning permits shall be secured from the Zoning Officer's office prior to the issuance of a building permit for the construction, erection, moving or alteration of a structure or sign or part of a structure, or upon a change in the use of a structure or land. No zoning permit shall issue until the Zoning Officer has been supplied with a diagram of the structure for which a permit is sought showing calculations of habitable area as that term is defined in this chapter, § 212-3, which diagram shall show the dimensions of all habitable areas. If the structure consists of more than one floor or story, the habitable area, with dimensions of each floor or story, shall be shown.
[Amended 10-27-1986 by Ord. No. 86-15; 6-12-2000 by Ord. No. 2000-12]
(3) 
Conditional use permits.
(a) 
Applications for any conditional use permit as permitted by this chapter shall be made to the appropriate approving authority in accordance with the provisions of the Land Use Procedure Ordinance of the Borough of Beach Haven[1] and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. The approving authority may grant such permit if, in its judgment, the proposed use will not be detrimental to the health, safety and general welfare of the Borough and is deemed necessary for its convenience.
[1]
Editor's Note: See Ch. 19, Land Use Administration.
(b) 
In approving any such application, the approving authority may impose any conditions that it deems necessary to accomplish reasonable compliance with the provisions and intent of this chapter and may deny any such application, but only if such compliance cannot be achieved.
(4) 
Temporary use permits. It is recognized that it may be in accordance with the purpose of the chapter to permit temporary activities for a limited period of time, which activities may be prohibited by other provisions of this chapter. If such uses are of such a nature and are so located at the time of petition that they will in no way exert a detrimental effect upon the uses of land and activities normally permitted in the zone and will contribute materially to the welfare of the Borough, particularly in a state of emergency, under conditions peculiar to the time and place involved, then the Board of Adjustment, subject to all regulations for the issuance of conditional use permits elsewhere specified, shall direct the Building Administrator to issue a permit for a period not to exceed six months. Such permits may be extended not more than once for an additional period of six months.
(5) 
Certificates of occupancy.
[Amended 10-27-1986 by Ord. No. 86-15]
(a) 
No use of vacant land shall be made and no building or structure hereafter erected, enlarged or structurally altered shall be occupied or used until a certificate of occupancy shall have been issued by the Construction Code Official.
(b) 
No change shall be made in the existing use of land or in the existing use of an existing building or structure until a certificate of occupancy shall have been applied for by the owner of said land, building or structure and said certificate shall have been issued by the Zoning Officer. Upon completion of all work pursuant to the permit, the applicant shall be obligated to supply to the Zoning Official an as-built plot plan survey as certified by a licensed engineer and an as-built floor plan(s) as certified by a licensed architect; except that as-built plans originally drawn without a licensed architect's certification may be submitted by the owner of the property if the owner has signed and certified the as-built plans.
[Amended 10-11-2005 by Ord. No. 2005-23A]
(c) 
Application for a certificate of occupancy shall be made at the same time as the building permit is applied for and must be accompanied by a plan of the plot, drawn to scale and showing the location of all buildings and structures, existing and proposed, located on the plot, with such other information as the Construction Code Official may require, together with evidence satisfactory to the Construction Code Official that the plot has been located and the property lines staked out by a registered surveyor or engineer.
(d) 
The certificate of occupancy shall be issued upon examination of the completed building or structure by the Construction Code Official within 10 days after the erection or structural alteration of such building or part thereof shall have been completed in conformity with the provisions of this chapter. The owner shall be responsible for notifying the Construction Code Official when the building or structure is ready for such inspection and examination.
(e) 
Certificates of occupancy shall be issued by the Construction Code Official in the manner and for the fees prescribed in Chapter 74, Construction Codes, Uniform, of this Code.
(f) 
On the serving of notice by the Zoning Officer and/or Construction Code Official to the owner of any violation of any of the provisions or requirements with respect to any building or use thereof or of land, as specified in this chapter, the certificate of occupancy for such use shall be deemed to be in violation of this chapter and subject to the penalties hereinafter prescribed. A new certificate of occupancy shall be required for any further use of such building or land.
(6) 
Application; inspection; standards used.
[Amended 10-27-1986 by Ord. No. 86-15; 1-24-1992 by Ord. No. 94-2]
(a) 
Prior to the transfer of title of any buildings, application for an occupancy permit shall be made in writing to the Borough's Zoning Officer. The applicant shall permit the Borough's Zoning Officer to enter upon and examine the building or buildings for which said application is applied for in order that the Borough's Zoning Officer can determine the proper use and habitability for said building or buildings and determine the number of water taps and/or outlets. No occupancy permit shall be issued until such inspection shall have been made and certification filed with the Borough's Construction Code Official by the Borough's Zoning Officer that the use for said building or buildings complies with this chapter of the Borough of Beach Haven and the section for existing structures pursuant to the BOCA Code as adopted, or as a valid preexisting, nonconforming use, setting forth the number of water taps and/or outlets.
[Amended 4-27-1998 by Ord. No. 98-8; 1-13-2003 by Ord. No. 2002-20; 10-11-2005 by Ord. No. 2005-23A]
[1] 
An applicant may request a waiver of the provisions of Subsection B(6) above if the subject building is to be demolished and no occupancy of the subject building is intended from the date of the title transfer, and in lieu thereof, request a demolition conditional resale certificate.
[2] 
A demolition conditional resale certificate may be issued upon the payment of any application or other fees required for the issuance of a regular certificate of occupancy and subject to the following conditions:
[a] 
An application for a demolition permit for the subject building must be made within 10 days of application for the demolition conditional resale certificate.
[b] 
The actual demolition of the subject building must take place within 60 days of the application for the demolition permit.
[c] 
The subject building shall not be occupied other than in maintaining safety and in preparing it for demolition.
[d] 
Should any of the above conditions not be met, such demolition conditional resale certificate shall expire automatically 60 days from date of application and be deemed void ab initio and subject to issuance of summons for failure to comply with § 212-18B(6).
[e] 
An extension of the demolition completion deadline set forth in Subsection B(6)(a)[2][b] herein may be granted for an additional 60 days upon reapplication of a demolition conditional resale certificate prior to the initial sixty-day expiration date.
(b) 
The application for an occupancy permit shall be accompanied by a current survey plot plan showing the location of all improvements, buildings and structures, the flood zone and grade elevations of the property; a flood elevation certificate executed by a licensed engineer of the State of New Jersey; and an application fee in the amount of:
[Amended 2-9-2009 by Ord. No. 2009-6]
[1] 
Thirty-five dollars for each residential unit of occupancy.
[2] 
Fifty dollars for each commercial unit of occupancy.
[3] 
Twenty dollars for reinspection fees.
C. 
Records.
[Amended 10-27-1986 by Ord. No. 86-15]
(1) 
It shall be the duty of the Construction Code Official to keep a record of all certificates of occupancy which he issues, and the same shall form a part of the records of his office and shall be available for the use of the governing body and of other officials of the Borough of Beach Haven.
(2) 
The Zoning Officer shall prepare a monthly report for the governing body summarizing, for the period since his last previous report, zoning permits and certificates issued 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 governing body and with other officials of the Borough of Beach Haven.
D. 
[2]Prerequisites for issuance of zoning permits. Pursuant to N.J.S.A. 40:55D-65h, no zoning permit shall be issued unless a certificate from the Tax Collector of the Borough of Beach Haven is submitted to the Zoning Officer certifying that all property taxes, water rents and sewer charges are paid in full and current as of the date of the request for the particular zoning permit.[3]
[Added 7-26-1993 by Ord. No. 93-18]
[2]
Editor's Note: Former Subsection D, Fees, added 1-26-1981 by Ord. No. 81-2, was repealed 1-23-1984 by Ord. No. 84-3. For current application fees, see Ch. 90, Fees, Article I.
[3]
Editor's Note: Original § 119-18, Violations and penalties, which immediately followed this section, was repealed 5-26-1981 by Ord. No. 81-6. For current penalty provisions, see § 1-16, General penalty provisions, of this Code.
All amendments to this chapter shall be adopted as more fully provided in N.J.S.A. 40:55D-1 et seq.
A. 
Zoning affects every use and structure.
(1) 
Except as previously or hereinafter provided, it shall be unlawful to locate, relocate, erect, construct, reconstruct, enlarge or structurally alter any building or structure except in conformity with the regulations of the district in which such building or structure is located.
(2) 
Except as previously or hereinafter provided, it shall be unlawful to use any land or building for any purpose other than is permitted in the district in which such land or building is located.
B. 
Pending applications for building permits. Nothing in this chapter shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which any building permit has been granted before the enactment of this chapter, provided that construction from such plans shall have been started within 60 days of enactment of this chapter and shall be diligently pursued to completion.
C. 
Required yards cannot be reduced or used by another building. 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.
D. 
Second dwelling prohibited. In no case shall there be more than one residential building on each subdivision lot of record.
E. 
Accessory buildings in residence districts. An accessory building in a residence district shall be subject to the following requirements:
(1) 
The minimum distance of any accessory building from an adjoining building on the same lot shall be two feet.
(2) 
They shall not be located in any required front yard space.
(3) 
Accessory buildings shall not exceed one story or 35 feet in height.
[Amended 2-6-2013 by Ord. No. 2013-1C]
(4) 
Accessory buildings may be erected as a part of the principal building, provided that all yard requirements of this chapter for the principal building are complied with.
F. 
Parking lots adjacent to commercial zones. Off-street parking lots may be provided in residential zones on lots immediately adjacent to the commercial zone and to the use which will utilize the parking lot, provided that the following design standards are met:
(1) 
The parking area may not extend a depth greater than 100 feet into the residential zone as measured from the rear line of the commercial zone.
(2) 
Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjoining premises in any residential zone.
(3) 
No sign of any kind, other than one designating entrances, exits or conditions of use, shall be maintained on a parking area located in a residential zone. Such signs shall not exceed four square feet in area, nor shall there be more than one such sign for each entrance or exit.
G. 
Parking lots provided for professional offices in residential zones. Any required off-street parking lot provided for a professional office permitted in a residential zone shall comply with the design standards as set forth in Subsection F(1) above.
H. 
All lots adjacent to the beach-dune protective facility as shown on the Master Plan for Beach Haven. Any residential structure built on one of those lots shall have the bottom of the first-floor joists at a minimum elevation of 16 feet above the mean sea level or three feet above the center-line elevation of the existing height of the dune, whichever is higher.
I. 
Floating homes or floating home marinas.
[Added 5-29-1984 by Ord. No. 84-13]
(1) 
No floating home shall be occupied and no floating home marina shall be permitted in any zone within the Borough of Beach Haven.
(2) 
No marina shall permit the in-water or out-of-water storage of any floating home.
(3) 
No person, firm or corporation shall operate or cause to be operated a floating home marina or rent, hold out for rent or sell any site or space for the location of a floating home.
(4) 
Floating homes and/or floating home marinas are prohibited in all zones within the Borough of Beach Haven.
J. 
Tents or temporary structures.
[Added 11-23-1987 by Ord. No. 87-18; amended 2-13-2001 by Ord. No. 2000-28; 7-11-2005 by Ord. No. 2005-13]
(1) 
It shall be unlawful to erect a tent or other temporary structure for use in conjunction with any operation except as otherwise permitted herein. A temporary structure or tent may not be used to reduce area or yard requirements in commercial areas, nor may it reduce the area used for parking in commercial areas.
(2) 
A tent or other temporary structure may be erected on private property for private use by the property owner and/or their guests and must be dismantled within 48 hours of the conclusion of the event. A permit must be received from the Zoning Officer for a fee of $100 per event. There shall be a limit of eight permits per site per year.
[Amended 5-22-2014 by Ord. No. 2014-2C; 2-9-2015 by Ord. No. 2015-4C]
(3) 
Beginning January 1, 2016, there shall be a limit of four permits per site per year. The four-permit limit provided by this subsection shall apply only in the following residential districts: RA, RNA, RSA, RB, RC and RCB.
[Added 2-9-2015 by Ord. No. 2015-4C[1]; amended 3-14-2016 by Ord. No. 2016-4C]
[1]
Editor's Note: This ordinance also redesignated former Subsection J(3) as Subsection J(4).
(4) 
Any charitable, philanthropic, fraternal or religious nonprofit organization holding a tax-exempt status under the federal Internal Revenue Code of 1954 shall be exempt from the required fees.
[Amended 2-9-2015 by Ord. No. 2015-4C]
K. 
Outdoor display or sale of merchandise prohibited. Except as permitted by Ordinance No. 93-23,[2] no display or sale of merchandise of any kind or description of any sort shall be permitted out-of-doors within the Borough of Beach Haven whether freestanding, anchored or arranged on carts, wagons, platforms, structures or devices of any sort. Should any such outdoor display or sale of merchandise ever be permitted by way of validly obtained use variance, any space so utilized shall be considered retail space for purposes of establishing adequate parking, buffer zones and other safety and aesthetic considerations.
[Added 1-24-1994 by Ord. No. 94-2]
[2]
Editor's Note: See § 212-14E(2) of this chapter.
L. 
Yards adjacent to bay, lagoons, coves and other bodies of water. There shall be an open, unoccupied space between the bulkhead or shoreline at mean high water and a line drawn parallel thereto of not less than 15 feet with the exception of any structure or portion of a structure less than 12 inches above the general ground elevation.
[Added 9-22-1997 by Ord. No. 97-16]
M. 
No habitable area may be below the base flood elevation.
[Added 4-14-2003 by Ord. No. 2003-4]
N. 
No trash corrals shall be located within the Borough right-of-way, and trash corrals shall only be located within the property line.
[Added 12-8-2008 by Ord. No. 2008-10]
O. 
Bay Avenue, front facade frontage required.
[Added 6-11-2018 by Ord. No. 2018-18C]
(1) 
For all properties located on Bay Avenue between Pearl Street and 12th Street, every building or structure hereafter constructed, moved, or structurally altered, or any existing structure with substantial improvement of 50% or more, shall be required to have the front facade of the building with a recognizable main entry oriented toward Bay Avenue, as set forth in the setback requirements of each zoning district, and shall be located as to provide safe and convenient access for utility connections, servicing, fire protection, and required off-street parking, unless allowed otherwise by the Borough or relief has been granted under the provisions of N.J.S.A. 40:55D-36. Any buildings or structures hereafter constructed, moved or structurally altered shall be consistent with the architectural recommendations set forth in the Master Plan. To the extent possible, driveway or garage access from Bay Avenue shall be prohibited.
(2) 
Construction, alteration, expansion, or substantial improvement of 50% or more ("proposed work") of any structure which is nonconforming pursuant to this section shall be permitted, and a permit issued by the Zoning Officer, provided that:
(a) 
The proposed work complies with all other regulations in the zone;
(b) 
The proposed work does not increase, exacerbate, or change the specifics of any existing nonconformity;
(c) 
The proposed work does not add volume to the structure outside the permitted setback lines within the zone in which the property is located; and
(d) 
The proposed work complies with all the other regulations of the zone.
[Amended 4-9-1990 by Ord. No. 90-9]
A. 
Exception to area requirements. A single-family dwelling may be constructed in a district where permitted on any lot shown on a recorded subdivision plat or any lot of official record at the time of enactment of this chapter, the owner of which does not own any adjoining lot or adjacent land, provided that in the opinion of the Board of Adjustment the lot and proposed yard spaces satisfy as closely as possible the lot and yard requirements of this chapter for the district in which such lot is located. Where the owner of a substandard-size lot owns adjacent lots or parcels of land, such lots or parcels shall be considered as a single lot, and the area and yard space provisions of the chapter shall hold.
B. 
Exceptions to yard widths.
(1) 
Recognizing that there are trends in home planning and lot arrangement to secure the full benefit of sunlight, prevailing winds and other amenities which may necessitate, variation may be permitted in the case of isolated homes, groups of homes or neighborhood layouts, provided that the site plans thereof are first approved by the Planning Board.
(2) 
Front yards.
(a) 
Where a lot is situated between two lots, each of which is developed with a main building which has been so maintained since the enactment of this chapter, the minimum front yard requirement of such lot may be the average of the front yards of said existing buildings.
(b) 
Where a lot adjoins one lot developed as described above and a vacant lot, the minimum front yard requirement of such lot may be the average of the front yard of existing building and the established front setback line.
(3) 
Where in a given block there is a pronounced uniformity in the alignment of existing buildings in which the front yard depths are greater than required in this chapter, then any new building shall conform substantially to this established alignment.
C. 
All multistory residential buildings, except for hotels and motels, shall contain a combined total habitable floor area equal to not more than 50% of the area of the lot on which such building is situated. The footprint of the building, inclusive of deck and garage, shall not exceed the maximum permitted lot coverage in the zone wherein the building is located.
[Added 6-12-2000 by Ord. No. 2000-12]
D. 
Exceptions to the height limits. Chimneys may be erected up to two feet above the height limits provided in this chapter.
[Added 4-8-2002 by Ord. No. 2002-4]
E. 
Chimneys; setbacks. Chimneys and fireplaces extending or protruding no more than 24 inches from the dwelling and no greater than six feet in width along the dwelling shall be permitted to encroach within the side yard and rear yard setback of the applicable zone and shall be considered coverage.
[Added 4-8-2002 by Ord. No. 2002-4]
F. 
New construction and existing homes may exceed the thirty-five-percent lot coverage by a maximum of 264 additional square feet for the construction of a detached garage, provided that:
[Added 4-14-2003 by Ord. No. 2003-4; amended 4-13-2015 by Ord. No. 2015-3C]
(1) 
The proposed detached garage does not exceed 264 square feet (12 feet by 22 feet) and 15 feet in height;
(2) 
The proposed detached garage shall be located in the rear or side yard;
(3) 
The proposed detached garage complies with all other zoning requirements, including, but not limited to, setback requirements;
(4) 
The proposed detached garage may be equipped with electricity but may not be equipped with plumbing, which shall be prohibited;
(5) 
There is no existing garage detached or attached to, or planned to be detached or attached to, the main residential structure on the property;
(6) 
The ground floor of the main residential structure does not exceed base flood elevation plus two feet;
(7) 
The detached garage has appropriate driveway access; and
(8) 
Accessory buildings as permitted by this section shall be limited to one.
G. 
Existing homes may exceed the thirty-five-percent lot coverage by an additional 21 square feet for the addition of a central air-conditioning compressor platform only. The compressor platform must be located at the rear of the home abutting the main building. Corner lots may place the platform on the side abutting the main building. Any compressor platform must comply with all other zoning rules, including side and rear yard setback requirements.
[Added 12-8-2008 by Ord. No. 2008-16; amended 8-10-2009 by Ord. No. 2009-24]
H. 
Inclusion of oceanfront land conveyed to the Borough of Beach Haven in calculating percentage of lot coverage. Where the owner of oceanfront land has conveyed to the Borough of Beach Haven that portion of such owner's land lying between the oceanfront bulkhead line established by the Borough of Beach Haven and the mean high waterline of the Atlantic Ocean, such conveyed lands may still be included in calculating lot coverage on the retained portion of the lands when calculating lot coverage restrictions pursuant to the Zoning Ordinance of the Borough of Beach Haven provided such reservation of rights is contained in the deed of conveyance.
[Added 6-8-2009 by Ord. No. 2009-11]
I. 
When any building in the Borough of Beach Haven is raised or constructed to meet Federal Emergency Management Agency base flood elevation requirements, the building shall be allowed an additional 60 square feet to be utilized only for entryways and stairs, and such additional square feet shall not be considered lot coverage. Any such 60 square feet utilized for entry and stairs may intrude and encroach into required front, side and rear yards and shall not be considered in measuring the distance from front, side or rear lot lines in determining the depth of front, side or rear yards.
[Added 2-6-2013 by Ord. No. 2013-1C]
[Amended 2-28-1994 by Ord. No. 94-5; 9-22-1997 by Ord. No. 97-16]
A. 
No sidewalk or curbs may be installed without first obtaining a building permit from the Borough Zoning Officer.
B. 
All curbing and sidewalks shall comply with the requirements of Chapter 176, Article II, Curbs and Sidewalks, of the Borough Ordinances.
C. 
The applicant shall obtain from the Borough Engineer, at his own expense, elevations of the proposed curb or sidewalk.
D. 
The fee for a permit to install a curb or sidewalk shall be $30, plus any inspection fees required by the Borough Engineer, and will be borne by the applicant.
[Amended 2-9-2009 by Ord. No. 2009-6]
E. 
Driveway access.
(1) 
Each lot developed with a detached single-family dwelling or a two-family dwelling unit or a two-family building shall be permitted only one curb cut per lot frontage; and each curb cut and driveway shall be 12 feet wide, except that, where access is provided to a two-car garage, a two-family building, or a corner lot, a twenty-four-foot-wide maximum driveway curb cut may be provided.
(2) 
Each lot developed with other than a single-family unit or a two-family building shall not be so restricted; however, curb cut access shall be limited by the Board as deemed necessary, and no curb cut shall be more than 24 feet in width.
(3) 
In areas of the Borough where no parking is permitted along the frontage of a lot developed with a detached single-family dwelling unit or a two-family dwelling unit or a two-family building, the curb cut may extend the full width of the property as determined by the Borough Engineer.
[Added 11-8-2004 by Ord. No. 2004-26]
(4) 
Each lot developed with a divided two-car garage, i.e., two separate one-car garages separated a minimum of 12 feet shall be permitted to have two curb cuts each a maximum of eight feet in width. The eight-foot drives shall be separated a minimum of 22 feet in order to permit either parallel parking or diagonal parking between the driveways on the street.
[Added 11-8-2004 by Ord. No. 2004-26]
[Added 1-23-1984 by Ord. No. 84-2; amended 2-28-1994 by Ord. No. 94-5; 9-22-1997 by Ord. No. 97-16; 10-11-2005 by Ord. No. 2005-23A; 9-11-2006 by Ord. No. 2006-16]
A. 
The following minimum off-street parking shall be required in the Borough of Beach Haven.
[Amended 1-14-2013 by Ord. No. 2012-24C]
(1) 
Every building shall provide off-street parking spaces comprising not less than 162 square feet of parking stall which shall have dimensions of not less than nine feet in width and not less than 18 feet in length which shall be located outside the vertical plane of the outside walls of any building and which parking spaces shall be accessible from a public way.
(2) 
All commercial or business uses shall provide a minimum of one such parking space for each 600 square feet of gross floor area.
(3) 
All residential uses shall provide the required number of off-street parking spaces in accordance with the following schedule.
(a) 
Each efficiency unit defined as a sleeping unit with cooking facilities shall provide 1 1/2 such parking spaces per unit.
(b) 
Each single-family dwelling unit with less than five bedrooms shall provide two such parking spaces.
(c) 
Each single-family dwelling with five bedrooms or more shall provide three such parking spaces.
(d) 
Each two-family dwelling shall provide four such parking spaces.
(e) 
Each two-family dwelling with one or more units containing five bedrooms or more shall provide two such parking spaces per unit; provided, however, that an additional one such parking space shall be provided for any unit containing five or more bedrooms.
(4) 
Each apartment and each multifamily structure shall provide a minimum of one such parking space for each one-bedroom unit, 1 1/2 such parking spaces for each two-bedroom unit and two such parking spaces for each three-bedroom unit.
(5) 
Each hotel and each motel shall provide a minimum of one such parking space for each unit.
B. 
The minimum number of parking spaces required for a use not specifically enumerated under this section shall be the same as required for a use of a similar nature as determined by the appropriate board based upon that use enumerated herein which is more similar to the proposed use. If there is no use enumerated herein having sufficient similarity to the proposed use to enable the appropriate board to establish rational parking requirements, the appropriate board may, in its discretion, direct the applicant to furnish the appropriate board with such date as may be necessary to enable the appropriate board to establish rational parking requirements. If two or more combined uses are identified, the minimum number of off-street parking spaces required shall be for the use requiring the most off-street parking spaces.
C. 
[1]Any development as defined by the Municipal Land Use Law[2] or any other activity which would trigger site plan requirements or increase otherwise permitted occupancy loads shall require site plan approval and full compliance with this section unless a variance is obtained therefrom.
[1]
Editor's Note: Former Subsection C, regarding size and accessibility of parking spaces, was repealed 1-14-2013 by Ord. No. 2012-24C, which ordinance also redesignated former Subsection D as Subsection C.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Added 8-9-2004 by Ord. No. 2004-15]
A. 
A Historic Preservation Zone is hereby established within the Borough of Beach Haven which shall be coterminus with the Bed-and-Breakfast Overlay District also shown on the Zoning Map of the Borough of Beach Haven as the Bed-and-Breakfast Overlay Zone.
B. 
Historic Preservation Zone expansion. The Historic Preservation Zone shall now include all property located within the delineated areas as set forth on the attached map entitled "Greater Beach Haven Historic District Map," prepared by McCabe & Associates, Inc., dated September 2006, which is incorporated herein.[1]
[Added 4-9-2007 by Ord. No. 2007-8]
[1]
Editor's Note: The Zoning Map is on file in the Borough offices.
[Added 8-9-2004 by Ord. No. 2004-15]
The following regulations shall apply to the Historic Preservation District:
A. 
All principal uses and buildings and accessory buildings permitted in the RA Single-Family Residential District pursuant to the height limits and yard requirements required for such buildings, all as set forth in § 212-9 of the Zoning Ordinance of the Borough of Beach Haven.
B. 
Bed-and-breakfast, which is an owner- or manager-occupied building providing overnight accommodations and a morning meal to transients for compensation pursuant to the restrictions imposed by Subsections B, C, D, E, F and G of § 212-14.1 of the Zoning Ordinance of the Borough of Beach Haven. The bed-and-breakfast uses referenced hereinabove will apply to those properties located within the Bed-and-Breakfast Overlay District, as set forth in the Borough Zoning Map adopted on April 8, 2002,[1] pursuant to Ordinance No. 2002-4.
[Amended 4-9-2007 by Ord. No. 2007-8]
[1]
Editor's Note: The Zoning Map is on file in the Borough offices.
C. 
All other properties located within the expanded Historic Preservation Zone as set forth hereinabove, other than real properties located within the aforementioned Bed-and-Breakfast Overlay District, shall continue to be required to comply with the restrictions and uses for properties within that particular zone, which zoning district is set forth in § 212-4 of the Borough Code.
[Added 4-9-2007 by Ord. No. 2007-8]
[Added 8-9-2004 by Ord. No. 2004-15; 9-13-2010 by Ord. No. 2010-20]
Historic landmarks, as defined by § 41-2, recommended by the Historic Preservation Advisory Commission of the Borough of Beach Haven and adopted by the Council of the Borough of Beach Haven by resolution duly adopted shall be, when so adopted by the Council of the Borough of Beach Haven, subject to all of the rules and regulations of Chapter 41 of the Code of the Borough of Beach Haven, County of Ocean, State of New Jersey.
[Added 11-8-2004 by Ord. No. 2004-29]
In addition to the building lot coverage restrictions provided for in each of the zones as established by the Zoning Ordinance of the Borough of Beach Haven further restrictions are imposed upon the installation of any impervious surface covering any portion of the lot which is not occupied by a structure as permitted by the Zoning Ordinance.
A. 
Any impervious surfaced placed upon that portion of the lot which is not covered by a permitted structure shall be so graded as to cause water falling upon such impervious surface to drain directly to the street upon which the lot having such impervious surface is located and shall be sloped and graded to prevent such water from draining on any adjoining property but drain only onto the street.
B. 
Permits and fees for impervious surface coverage.
(1) 
No impervious lot coverage, as defined in § 212-3, may be installed without first obtaining a permit from the Zoning Officer. The application form for the permit shall be prepared by the Zoning Officer. The fee for the issuance of a permit for the construction of impervious lot coverage shall be $30. In addition, any engineering expenses for inspection or reviews required to assist the Zoning Officer, incurred as a result of the installation of impervious lot coverage, shall be paid by the applicant.
[Amended 2-9-2009 by Ord. No. 2009-6]
(2) 
Application for a permit for impervious surface coverage shall be made to the Zoning Officer of the Borough of Beach Haven, which application shall be accompanied by a sketch or engineered plan with sufficient information showing the lot coverage and demonstrating that surface drainage as herein called for has been designed and will be implemented upon the lot.
(3) 
Impervious lot coverage on any lot, including an area covered by impervious surface, a permitted structure, swimming pool, deck or the like must maintain 25% of the area of the lot not covered by impervious surface or coverage in order to allow surface water to percolate into the natural earth so that it may be absorbed therein. On lots fronting on the Atlantic Ocean, the 25% calculation shall be made only utilizing the area of the lot lying westwardly of the oceanfront building line. For the purposes of calculating impervious lot coverage, no portion of the lot which is mapped as wetlands and no portion which is riparian shall be includable in the calculation of determining permissible impervious lot coverage. For example, if a lot containing 20,000 square feet in the RC District contains 2,000 square feet of areas mapped as wetlands or riparian lands, then only 18,000 square feet of that lot may be used in calculating the permissive coverage.
C. 
Installation of impervious surface coverage except pursuant to and in accordance with a valid permit issued by the Zoning Officer of the Borough of Beach Haven pursuant to this section shall be punished by fine or imprisonment as provided in § 1-16 of the Code of the Borough of Beach Haven, County of Ocean, State of New Jersey.
D. 
Any development as defined by the Municipal Land Use Laws, Beach Haven Borough Ordinances or any other activity which would trigger site plan requirements and/or review, shall require site plan approval and full compliance with this section unless a variance is obtained therefrom.
[Added 10-11-2005 by Ord. No. 2005-23A]
E. 
Parking lots in the Business District (BD) and Marine Commercial District (MC).
[Added 10-11-2005 by Ord. No. 2005-23A]
(1) 
Parking lots shall be a permitted use in the BD and MC Districts as a primary use.
(2) 
Parking lots are permitted as an accessory use to meet parking, requirements for a permitted use, and may be on a separate lot, provided that:
(a) 
The parking lot is within the same zone district as the primary use; and
(b) 
The parking lot is within 200 feet of the primary use.
(3) 
Site plan approval is required for all parking lots.
[Added 10-11-2005 by Ord. No. 2005-20]
A. 
Purpose.
(1) 
The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas.
(2) 
The goals of this section are to:
(a) 
Protect residential areas and land uses from potential adverse impacts of towers and antennas;
(b) 
Encourage the location of towers in nonresidential areas;
(c) 
Minimize the total number of towers throughout the community;
(d) 
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;
(e) 
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
(f) 
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;
(g) 
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;
(h) 
Consider the public health and safety of communication towers; and
(i) 
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
(3) 
In furtherance of these goals, the Borough of Beach Haven shall give due consideration to the Borough's Master Plan, Zoning Map, existing land uses, Historic District and environmentally sensitive areas in approving sites for the location of towers and antennas.
B. 
Definitions. As used in this section, the following terms shall have the meanings set forth below:
ALTERNATIVE TOWER STRUCTURE
Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANTENNA
Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
HEIGHT
When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
TOWER
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
C. 
Applicability.
(1) 
New towers and antennas. All new towers or antennas in the Borough of Beach Haven shall be subject to these regulations, except as provided in Subsection C(2) through (4), inclusive.
(2) 
Amateur radio station operators/receive-only antennas. this section shall not govern any tower, or the installation of any antenna that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas. The land use regulations as contained in the Code of the Borough of Beach Haven shall apply.
(3) 
Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of Subsection D(6) and (7).
(4) 
AM array. For purposes of implementing this section, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
D. 
General requirements.
(1) 
Principal or accessory use. Antennas and towers 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 an 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 Manager an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Borough of Beach Haven or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Borough Manager may share such information with other applicants applying for administrative approvals or special use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the Borough of Beach Haven, provided, however that the Borough Manager is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
[Amended 12-13-2010 by Ord. No. 2010-26]
(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, 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 requited 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 or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state including but not limited to the NJDEP and CAFRA or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(7) 
Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes including but not limited to 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 of Beach Haven concludes that a tower 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, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower 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 the Borough of Beach Haven irrespective of municipal and county jurisdictional boundaries.
(9) 
Not essential services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.
(10) 
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 the Borough of Beach Haven have been obtained and shall file a copy of all required franchises with the Borough Manager.
[Amended 12-13-2010 by Ord. No. 2010-26]
(11) 
Public notice. For purposes of this section, any special use request, variance request, or appeal of an administratively approved use or special use shall require public notice be given in accordance with the provision of the Land Use Ordinance, and the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
(12) 
Signs. No signs shall be allowed on an antenna or tower.
(13) 
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection G.
(14) 
Multiple antenna/tower plan. The Borough of Beach Haven encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
(15) 
Maximum height. The height of an antenna or tower shall meet the following height usage criteria:
(a) 
For a single user, up to 75 feet;
(b) 
For two users, up to 100 feet; and
(c) 
For three or more users, up to 130 feet.
E. 
Permitted uses. The following uses are specifically permitted:
(1) 
Antennas or towers located on real property owned, leased, or otherwise controlled by the Borough, provided a license or lease authorizing such antenna or tower has been approved by the Borough, specifically to be located on Block 133, Lot 2, as shown on the Tax Map of the Borough of Beach Haven, New Jersey. Although allowed as permitted uses, antennas and towers, as described herein, shall require the issuance of a conditional use permit by the Land Use Board of the Borough of Beach Haven.
(2) 
Antennas or towers may be permitted on nonmunicipal real property in the Business District Zone as specified in Chapter 212 of the Code of the Borough of Beach Haven upon submission and approval of the Land Use Board of a site plan and conditional use permit in accordance with the regulations set forth herein.
F. 
Conditional use permits.
(1) 
General. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the Land Use Board:
(a) 
A conditional use permit shall be required for the construction of a tower or placement of an antenna in all zoning districts.
(b) 
Applications for special use permits under this section shall be subject to the procedures and requirements of the Code of the Borough of Beach Haven, except as modified in this section.
(c) 
In granting a conditional use permit, the Land Use Board may impose conditions to the extent the Land Use Board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
(d) 
Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a New Jersey licensed professional engineer.
(e) 
An applicant for a conditional use permit shall submit the information described in this section and a nonrefundable fee as established by ordinance of the Borough of Beach Haven to reimburse the Borough for the costs of reviewing the application.
(2) 
Towers.
(a) 
Information required. In addition to any information required for applications for conditional use permits pursuant to the Code of the Borough of Beach Haven, applicants for a conditional use permit for a tower shall submit the following information:
[1] 
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Subsection F(2)(e), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Land Use Board to be necessary to assess compliance with this section.
[2] 
Legal description of the parent tract and leased parcel (if applicable).
[3] 
The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
[4] 
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection D(3) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
[5] 
A landscape plan showing specific landscape materials.
[6] 
Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.
[7] 
A description of compliance with Subsections D and G and all applicable federal, state or local laws.
[8] 
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
[9] 
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.
[10] 
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 new tower.
[11] 
A description of the feasible location(s) of future towers or antennas within the Borough of Beach Haven based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(b) 
Factors considered in granting conditional use permits for towers. In addition to any standards for consideration of a conditional use permit applications pursuant to the Code of the Borough of Beach Haven, the Land Use Board shall consider the following factors in determining whether to issue a special use permit, although the Land Use Board may waive or reduce the burden on the applicant of one or more of these criteria if the Land Use Board concludes that the goals of this section are better served thereby:
[1] 
Height of the proposed tower;
[2] 
Proximity of the tower to residential structures and residential district boundaries;
[3] 
Nature of uses on adjacent and nearby properties;
[4] 
Surrounding topography;
[5] 
Surrounding tree coverage and foliage;
[6] 
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
[7] 
Proposed ingress and egress;
[8] 
Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Subsection F(2)(c) of this section.
[9] 
All such information as specified in Subsection F(2)(a).
(c) 
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 Land Use Board 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 Land Use Board 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:
[1] 
No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.
[2] 
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
[3] 
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
[4] 
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.
[5] 
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
[6] 
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
[7] 
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.
(d) 
Setbacks. The following setback requirements shall apply to all towers for which a conditional use permit is required; provided, however, that the Land Use Board may reduce the standard setback requirements if the goals of this section would be better served thereby:
[1] 
Towers must be set back a distance equal to at least 75% of the height of the tower from any adjoining lot line.
[2] 
Guys and accessory buildings must satisfy the minimum zoning district setback requirements.
(e) 
Separation. The following separation requirements shall apply to all towers and antennas for which a conditional use permit is required.
[1] 
Separation from off-site uses/designated areas.
[a] 
Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.
[b] 
Separation requirements for towers shall comply with the minimum standards established in Table 1.
Table 1
Off-Site Use/Designated Area
Separation Distance
Single-family or duplex residential units1
200 feet or 300% height of tower, whichever is greater
Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired
200 feet or 300% height of tower2, whichever is greater
Vacant unplatted residentially zoned lands3
100 feet or 100% height of tower, whichever is greater
Existing multifamily residential units greater than duplex units
100 feet or 100% height of tower, whichever is greater
Nonresidentially zoned lands or nonresidential uses
None; only setbacks apply
1Includes modular homes and mobile homes used for living purposes.
2Separation measured from base of tower to closest building setback line.
3Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multifamily residentially zoned land greater than duplex.
[2] 
Separation distances between towers.
[a] 
Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting 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 as shown in Table 2.
[b] 
Table 2.
Table 2
Existing Towers - Types
Lattice
Guyed
Monopole 75 feet in Height or Greater
Monopole Less than 75 feet in Height
Lattice
5,000
5,000
1,500
750
Guyed
5,000
5,000
1,500
750
Monopole 75 feet in Height or Greater
1,500
1,500
1,500
750
Monopole Less than 75 feet in Height
750
750
750
750
(f) 
Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device; provided, however, that the Land Use Board may waive such requirements, as it deems appropriate.
(g) 
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the Land Use Board may waive such requirements if the goals of this section would be better served thereby.
[1] 
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. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
[2] 
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
[3] 
Existing mature tree growth and natural land forms 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.
G. 
Buildings 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 65 square feet of gross floor area or be more than 10 feet in height.
(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 15% of the roof area.
(c) 
Equipment storage buildings or cabinets shall comply with all applicable building codes.
(2) 
Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following: in commercial or industrial districts, the equipment cabinet or structure shall be no greater than 10 feet in height or 65 square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence eight feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.
(3) 
Antennas located on towers. The related unmanned equipment structure shall not contain more than 65 square feet of gross floor area or be more than 10 feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.
H. 
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 Beach Haven 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.
I. 
Nonconforming uses.
(1) 
Not expansion of nonconforming use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.
(2) 
Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section.
(3) 
Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding Subsection I, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the separation requirements specified in Subsection F(2)(d) and (e). The type, height, and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Subsection H.
[Added 9-11-2017 by Ord. No. 2017-24C]
A. 
Purpose. The purpose of the Affordable Housing Overlay Zone is to provide an opportunity to develop affordable housing to meet prospective housing needs, with particular attention to low- and moderate-income housing, in conformance with the requirements of the Court, the Fair Housing Act, and the Housing Plan Element and Fair Share Plan of Beach Haven Borough. Permitted and conditional uses within the designated overlay zone shall include all permitted and conditional uses in the underlying zoning district in which the overlay zone is located and allow for affordable housing development within the provisions of this section.
B. 
Affordable Housing Overlay Zone. Tax lots with frontage on North Bay Avenue and other suitable parcels within the Borough of Beach Haven will be included in the overlay zone and allow for affordable housing development with no affect to any existing zoning district regulations or standards. A map is attached to this section[1] that delineates the overlay zone. Additionally, a list of all tax lots to be included in the Affordable Housing Overlay Zone is provided below.
Affordable Housing Overlay Zone Tax Lots
BLOCK
LOT
CURRENT USE
ADDRESS
OWNER NAME
14
26
15C
2416 SOUTH BAY AVENUE
OCEAN COUNTY SEWRAGE AUTHORITY
14
1
2
2408 SOUTH BAY AVENUE
PUERARI, JOSEPH & LORRAINE
14
2
2
2404 SOUTH BAY AVENUE
MCLAUGHLIN, THOMAS R. & KATHLEEN M.
15
1
2
2318 SOUTH BAY AVENUE
LBI DOAMM LLC
15
3
2
2312 SOUTH BAY AVENUE
WILLIAMS, RICHARD P. & DONNA M.
15
4
4A
2306 SOUTH BAY AVENUE
TROMM, BEVERLY
15
5
4A
2300 SOUTH BAY AVENUE
SHAPIRO, MATTHEW L. & HAILEY A. LLC
16
1
4A
301 MERIVALE AVENUE
NUNZIATO, PAUL & KATHLEEN
16
2
2
2212 SOUTH BAY AVENUE
WALTER, NEILL & CHERYLE A.
16
3
2
2208 SOUTH BAY AVENUE
EISENBERG, ALAN & HANNAH
16
4
2
2204 SOUTH BAY AVENUE
BURKE, ROBERT & NICOLE
16
5
4A
2200 SOUTH BAY AVENUE
KELLEY, A. CURTIS
18
18
2
236 NELSON AVENUE
MASSIMI, R. GINO & PATRICIA
18
1.01
1
NELSON AVENUE
NELSON-BAY CONDOMINIUM
18
1.01
2
232 NELSON AVENUE UNIT 1
O'MALLEY, GERAR & BRIDGET
18
1.01
2
232 NELSON AVENUE UNIT 2
MAYERS, JOSEPH & GAIL
18
21
15C
BAY AVENUE
BOROUGH OF BEACH HAVEN
19
4
2
2301 SOUTH BAY AVENUE
JUELKE, CHARLES V. & BARBARA
19
5
1
232 MERIVALE AVENUE
KROLL, MARITA E. ET AL
19
3
N/A
N/A
N/A
19
2
1
SOUTH BAY AVENUE
2305 SOUTH BAY AVENUE CONDOMINIUMS
19
2
2
2305 SOUTH BAY AVENUE U-A
CAPOLONGO, ANTHONY & JAYNE
19
2
2
2305 SOUTH BAY AVENUE U-B
SOLOMON, LAWRENCE F. & BARRIE C.
19
1
2
2309 SOUTH BAY AVENUE
PERROTTA, THOMAS J. & MARIA
20
4
2
2201 SOUTH BAY AVENUE
KOSOSKY, CHARLES & ADELE
20
3
4A
2205 SOUTH BAY AVENUE
NETTA, JOANN
20
2
1
SOUTH BAY AVENUE
2209 SOUTH BAY AVENUE CONDOMINIUMS
20
2
2
2209 SOUTH BAY AVENUE U-1
MARINELLI, HAROLD S. & BEVERLY A.
20
2
2
2209 SOUTH BAY AVENUE U-2
ROBERTS, DANIEL & LYNN MARIE
20
1
2
233 MERIVALE AVENUE
CASCUATI, RICHARD R. & PATRICIA A.
116
14
2
322 CORAL STREET
GIARDELLA, FRANK & KATHLEEN
116
17
1, 2
323 PEARL STREET
TUORTO, GREGORY & FRANK (U-A), GLIDER, KAREN & MARK (U-B)
116
2
4A
304 S BAY AVENUE
BERGE, GARY D.
116
16
2
325 PEARL STREET
GCD PARTNERS
116
11
2
329 PEARL STREET UNIT B
MITCHELL, BEVERLY B
116
1
2
306 S BAY AVENUE
HILLMAN, PETER
116
15
2
327 PEARL STREET
CADMUS, JAMES M & SUSANN E
116
12
2
314 CORAL STREET
CLINTON, EDWARD
116
13
2
318 CORAL STREET
KOHLMEIR, EDWARD JR
116
8
2
309 DELAWARE AVENUE
CREELY, SCOTT A
116
3
2
310 CORAL STREET
BARBARO, JAMES & ELIZABETH
116
11
1, 2
329 PEARL STREET (U-A & B)
KEGLER, SCOTT W & LAUREN M (U-A), MITCHELL, BEVERLY B. (U-B)
116
4
2
312 CORAL STREET
SNYDER, ROBERT & JOAN
116
9
2
335 PEARL STREET
CREELY, SCOTT A
116
10
2
333 PEARL STREET
CRONIN, ROBERT H TRUST
116
6.01
2
328 CORAL STREET
SLOWE, CARRIE ZIPF
116
6.02
4A
330 CORAL STREET
DOUTHITT, KEVIN S & SUSAN I
116
7
2
301 S DELAWARE AVENUE
DITMARS, JAMES & MARY ANN O
116
11
2
329 PEARL STREET UNIT A
KEGLER, SCOTT W & LAUREN M
119
3
1
BAY AVENUE
KREWSON, MARY LOU
119
2
4A
311 S BAY AVENUE
KREWSON, MARY LOU
119
4
2
224 CORAL STREET
CONNOR, TIMOTHY C II & TIMOTHY C
119
18
2
226 CORAL STREET
GREENHALGH, RICHARD B & PAULINE E
119
1
4A
229 PEARL STREET
REED JOHNSON LLC
119
17
2
225 PEARL STREET
REDGATE, KEVIN S & SUSANA E
132
1
4A
220 S BAY AVENUE
TROILO, CAMERON C & OLGA J
132
8
2
200 S BAY AVENUE
MAHONEY, CLEMENT J III & KATHLEEN T
132
11.02
2
209 S DELAWARE AVENUE
WENGER, RICHARD & ANNE MARIE ETAL
132
4
2
208 S BAY AVENUE
SCHULER, KEVIN J
132
11.01
2
207 S DELAWARE AVENUE
FAIRDEL LLC
132
9
15C
330 AMBER STREET
BOROUGH OF BEACH HAVEN
132
5
2
206 S BAY AVENUE
GRAPA, CRISTINA
132
6
2
204 S BAY AVENUE
CARROLL, MATHEW T.
132
2.01
4A
216 S BAY AVENUE
DONOVAN, TIM & TRACY
132
2.02
2
212 S BAY AVENUE
LEE, MARK & ELISE
132
3
2
210 S BAY AVENUE
RIORDAN, EDWARD
132
7
2
202 S BAY AVENUE
LOPEZ, ANGEL R
132
10
2
350 AMBER STREET
MARTIN, WILLIAM E
133
2
15C
300 ENGLESIDE AVENUE
BOROUGH OF BEACH HAVEN
133
1
15F
100 S BAY AVENUE
VOLUNTEER FIRE CO NO 1
134
5
4A
220 AMBER STREET
NEW JERSEY BELL (TAXES)
134
2
4A
211 S BAY AVENUE
RUOFF, RONALD & LAUNA
134
6
N/A
N/A
N/A
134
1
4A
213-15 S BAY AVENUE
RUOFF, RONALD & LAUNA
134
15
N/A
N/A
N/A
134
4
2
224 AMBER STREET
EMIG, ERIC W & DIANA M
134
3
4A
201 S BAY AVENUE
LENHARD INC
135
2
4A
AMBER STREET
WARK, KEVIN & CINDY
135
16
2
219 AMBER STREET
SMITH, JAMES E, JEAN & THOMAS
135
1
4A
115 S BAY AVENUE
WARK, KEVIN & CINDY
135
4
2
226 ENGLESIDE AVENUE
MADDOCK, JANICE L
135
5
2
224 ENGLESIDE AVENUE
NESMITH, RUSSELL C
135
3
4A
101 S BAY AVENUE
MADDOCK, JANICE L
135
6
2
216 ENGLESIDE AVENUE
POUNDS, R & J & GENSCH, W & J
149
10
2
309 (U-D), 311 (U-C), 313 (U-B), 315 (U-A) ENGLESIDE AVENUE
CARRERAS, THOMAS & BARBARA (309), SCALZO, SAMUEL II & DONNA, MARIE (311), MILLER, RAYMOND C. & BONNIE S. (313), & JEROLAMON, BRIAN S. & VOLPE, SALLY (315) (BAY & ENGLESIDE TOWNHOMES)
149
4
N/A
N/A
N/A
149
6.09
2
333 ENGLESIDE AVENUE
ZINK, CORT S & JANEANN
149
6.02
15C
PARKING LOT
BEACH HAVEN BOROUGH
149
6.08
1, 2
329 & 331 ENGLESIDE AVENUE
CARROLL, JOHN E. & LORRAINE R. (329) & RUSSO, PHILLIP, HICKEY, & SHAWN T (331)
149
6.03
2
312 CENTRE STREET
GRAHAM, MELISSA
149
2
4A
14 S BAY AVENUE
BEACH HAVEN PROPERTIES LLC
149
6.04
2
314 CENTRE STREET
KEEGAN, KENNETH D. & DEIRDERE M
149
6.09
1, 2
333 & 335 ENGLESIDE AVENUE
ZINK, CORT S & JANEANN (333) & GOTLIB, SHAWN & AIMEE
149
6.03
1, 2
310 & 312 CENTRE STREET
BRESLIN, KEVIN (310) & GRAHAM, MELISSA (312)
149
6.04
2
316 CENTRE STREET
FELLER, ROBERT & AIDA
149
6.05
2
320 CENTRE STREET
BEACH DEVELOPMENT LLC
149
6.04
1, 2
314 & 316 CENTRE STREET
KEEGAN, KENNETH D. & DEIRDERE M (314) & FELLER, ROBERT & AIDA (316)
149
6.05
2
318 CENTRE STREET
YEAGER, A DAVID
149
6.06
2
324 CENTRE STREET
COOPER, MERYL
149
6.05
1, 2
318 & 320 CENTRE STREET
RUSSO, MATTHEW C & LARA L (318) & BEACH DEVELOPMENT LLC (320)
149
6.09
2
335 ENGLESIDE AVENUE
GOTLIB, SHAWN & AIMEE
149
6.03
2
310 CENTRE STREET
BRESLIN, KEVIN
149
11
N/A
N/A
N/A
149
3
N/A
N/A
N/A
149
6.07
2
325 ENGLESIDE AVENUE
KORNAFEL, RONALD AND AMY
149
9
15F
321 ENGLESIDE AVENUE
BEACH HAVEN FIRST AID SQUAD
149
6.07
2
327 ENGLESIDE AVENUE
BLANCHARD, BARRY
149
5
4A
2-10 SOUTH BAY AVENUE
2-10 SOUTH BAY LTD
149
6.08
2
329 ENGLESIDE AVENUE
CARROLL, JOHN E & LORRAINE R
149
6.08
2
331 ENGLESIDE AVENUE
HEILER, ROBERT
149
6.07
1, 2
325 & 327 ENGLESIDE AVENUE
KORNAFEL, RONALD AND AMY (325) & BLANCHARD, BARRY (327)
149
6.01
4A
308 CENTRE STREET
2 SOUTH BAY
149
6.06
2
322 CENTRE STREET
PETERSEN, GLENN A & KELLIE A
149
6.06
1, 2
322 & 324 CENTRE STREET
GRAHAM, MELISA A (322) & COOPER, MERYL (324)
149
1
4A
20 S BAY AVENUE
ROBINSON, JULIUS ESTATE
150
7.01
15C
CENTRE TO DOCK ROAD
BEACH HAVEN BOROUGH
150
7.04
1, 2
321 & 323 CENTRE STREET
KOSTINA S, DAVID & LORRAINE (321) & CENTRE STREET ASSOCIATES LLC (323)
150
1
4A
100 N BAY AVENUE
PRAM LLC
150
9
N/A
N/A
N/A
150
5
2
304 DOCK ROAD
MILKOVICH, DAVID L
150
6
4A
309 CENTRE STREET
BAXTER, BARRY P
150
4
4A
110 N BAY AVENUE
MILKOVICH, DAVID L
150
3
4A
108 N BAY AVENUE
MILKOVICH, DAVID L
150
7.02
1, 2
313 & 315 CENTRE STREET
LAPID, REYNALDO & MARIA (313 & 315)
150
7.03
1, 2
317 & 319 CENTRE STREET
ABBOOD, JAMES & DEBORAH (317) & BOSSI, EDGAR D (319)
150
2
4A
106 N BAY AVENUE
STEWART, THOMAS J
150
10
N/A
N/A
N/A
151
1.01
4A
120 N BAY AVENUE
OCEANSIDE2010 LLC
151
2.02
2
306 SECOND STREET
WATTS, RICHARD
151
4
2
324 SECOND STREET
TALLENT, SUSAN L ETAL
151
3
2
322 SECOND STREET
BRAICO, STEPHANIE
151
2.01
4C
302 SECOND STREET
MASSA ORGANIZATION LLC
151
8
4A
317 DOCK ROAD
WOODS, THOMAS
151
9
4A
311 DOCK ROAD
GARABO, LOUIS F & PARLYN C
151
10
2
325 DOCK ROAD
WILLIAMS, DONALD E & SHARON K
151
1.02
2
118 NORTH BAY AVENUE (U-1)
DAUBENSPECK, SAMUEL F & LEAH H (U-1)
151
1.02
2
118 NORTH BAY AVENUE (U-2)
KNIGHT, W & F (U-2)
151
1.02
2
118 NORTH BAY AVENUE (U-3)
REDMAN, LAURA K (U-3)
151
1.02
2
118 NORTH BAY AVENUE (U-4)
SECCI, FILIPPO & MATILDA (U-4)
151
1.02
2
118 NORTH BAY AVENUE (U-1)
COOK, LAURA (U-5)
151
1.02
4A
118 NORTH BAY AVENUE (U-1)
FRANZONI, JOHN D
152
3
4A
208 N BAY AVENUE
PELER, MICHAEL & DOBOZINSKI, K
152
2
1
200 BAY AVENUE
CONNECTIV REAL ESTATE DEPT
152
1
4A
315 SECOND STREET
CONNECTIV REAL ESTATE DEPT
152
5
N/A
N/A
N/A
152
4
4A
210 N BAY AVENUE
GAMMAL-LEVY LLC
153
16
N/A
N/A
N/A
153
9
4A
206 CENTRE STREET
JOSEPH P HAYES THEATRE INC
153
17
N/A
N/A
N/A
153
13
N/A
N/A
N/A
153
1
4A
9 S BAY AVENUE
PATRON MURPHY INC
153
6
4A
218 CENTRE STREET
DAMIANI, PATRICK & MARGARET L
153
2.02
4A
3 S BAY AVENUE
BAY THIRD PROPERTIES INC
153
15
N/A
N/A
N/A
153
10
N/A
N/A
N/A
153
3
4A
1 S BAY AVENUE
KELLY, TOM&SAMANTHA C/O KAPLERS
153
12
N/A
N/A
N/A
153
11
N/A
N/A
N/A
153
14
N/A
N/A
N/A
153
18
N/A
N/A
N/A
153
8
4A
210 CENTRE STREET
PETERSON, MARGARET T
153
7
4A
212 CENTRE STREET
XEDDINGS LBI LLC
153
5
4A
220 CENTRE STREET
FARIAS, VINCENT & MICHELE
153
4
N/A
N/A
N/A
153
2.01
N/A
N/A
N/A
154
12
2
207 CENTRE STREET
BEACH HAVEN CENTER LLC
154
10
15D
BEACH AVENUE
KYNETT UNITED METHODIST CHURCH
154
1
4A
101-05 N BAY AVENUE
BUCKALEWS INC
154
3
4A
117 N BAY AVENUE
ROBINSON, JULIUS & CLARA A
154
14
2
211 CENTRE STREET
MARTIN, DAVID M
154
13
4A
209 CENTRE STREET
BEACH HAVEN MEMORIES LLC
154
15
4A
215 CENTRE STREET
MAGNOLIA HOUSE LLC
154
2
4A
115 N BAY AVENUE
RF HOLDINGS LLC
154
4.01
N/A
N/A
N/A
155
5
4A
213-15 N BAY AVENUE
ZURBACH, KATHLEEN & JOHN E JR
155
7
2
226 THIRD STREET
IMPORTICO, WILLIAM J
155
6
4A
219 N BAY AVENUE
TURTON REALTY ASSOC LLC
155
3
N/A
N/A
N/A
155
4
4A
211 N BAY AVENUE
MORIZZO, LOUIS & CAROLE
155
21
2
223 SECOND STREET
DANIEL, KATHLEEN T
155
2
4A
207 N BAY AVENUE
COHEN, MARK A & CRAIG C
155
1
4A
201-03 N BAY AVENUE
M COHEN & R COHEN PARTNERSHIP
165.02
1
2
310 N BAY AVENUE
COLLINS, JEANETTE
165.02
3
4A
305 THIRD STREET
GORE, BONNIE J
165.02
2
4A
306 N BAY AVENUE
MC CAFFREY, SEAN V
166.02
1
4A
414 N. BAY AVENUE
PEAKE GROUP LTDC/O K LEROUX
166.02
2
4A
412 N BAY AVENUE
PEAKE GROUP LTDC/O K LEROUX
166.02
3
4A
400 N BAY AVENUE
DAVIS, KIRK & KRISTY
167
1
4A
510 N BAY AVENUE
BEACH HAVEN PROJECT NO X LLC
167
4
4A
500 N BAY AVENUE
9 LIVES GROUP LLC
167
2
N/A
N/A
N/A
167
3
N/A
N/A
N/A
168.02
4
N/A
N/A
N/A
168.02
1
4A
610 N BAY AVENUE
BUTERICK, S P & WERTH, E B ETAL
168.02
5
4A
600 N BAY AVENUE
KOSEFF LLC
168.02
3
N/A
N/A
N/A
168.02
2
N/A
N/A
N/A
169
2
N/A
N/A
N/A
169
4
1
226 FOURTH STREET
SCHWING, FRED G JR
169
3
2
229 THIRD STREET
SAVARESE, PHILIP J
169
1
4A
305 N BAY AVENUE
SCHWING, FRED G JR
169
17
2
227 THIRD STREET
CACACE, TIMOTHY & CARMA
170
1
4A
401 N BAY AVENUE
FLEET BANK CC#98354
170
3
2
224 FIFTH STREET
BUZZELLI, PASQUALE & LANGUILLI, R
170
2
4A
415 N BAY AVENUE
BRENNAN, JOHN P%GETTY
171
1
4A
501-505 N BAY AVENUE
GREYHOUND PROPERTIES LLC
171
15
2
225 FIFTH STREET
HOFFMAN, R DOUGLAS & BRENDA
171
2
4A
511 N BAY AVENUE
HAMILTON, JAMES & JUDITH S
171
4
2
224 SIXTH STREET
ZELESNIK, JOHN F & MARIAN E
171
3
4A
515 N BAY AVENUE
CUNNINGHAM, R SCOTT & KAREN L
172
2
4A
615 N BAY AVENUE
BANKSTON PROPERTY MANAGEMENT LLC
172
1
N/A
N/A
N/A
172
17
2
226 SEVENTH STREET
DAVIS, RON & SHARON
185
1
4A
320 EIGHTH STREET
BEACH HAVEN FANTASY LLC
185
21
4A
700 N BAY AVENUE
FLORIMONT, EDMUND J & PHILLIPS G
186
8
4A
806 N BAY AVENUE
DMM ASSOCIATES C/O C MESANKO
186
11
4A
806 N BAY AVENUE
DMM ASSOCIATES C/O C MESANKO
186
6
4A
806 N BAY AVENUE
DMM ASSOCIATES C/O C MESANKO
186
9
4A
806 N BAY AVENUE
DMM ASSOCIATES C/O C MESANKO
186
4
4A
806 N BAY AVENUE
DMM ASSOCIATES C/O C MESANKO
186
3
4A
806 N BAY AVENUE
DMM ASSOCIATES C/O C MESANKO
186
10
4A
806 N BAY AVENUE
DMM ASSOCIATES C/O C MESANKO
186
7
4A
806 N BAY AVENUE
DMM ASSOCIATES C/O C MESANKO
186
13
4A
806 N BAY AVENUE
DMM ASSOCIATES C/O C MESANKO
186
16
4A
806 N BAY AVENUE
DMM ASSOCIATES C/O C MESANKO
186
12
4A
806 N BAY AVENUE
DMM ASSOCIATES C/O C MESANKO
186
2
4A
806 N BAY AVENUE
DMM ASSOCIATES C/O C MESANKO
186
14
4A
806 N BAY AVENUE
DMM ASSOCIATES C/O C MESANKO
186
17
4A
806 N BAY AVENUE
DMM ASSOCIATES C/O C MESANKO
186
19
4A
806 N BAY AVENUE
DMM ASSOCIATES C/O C MESANKO
186
15
4A
806 N BAY AVENUE
DMM ASSOCIATES C/O C MESANKO
186
18
4A
806 N BAY AVENUE
DMM ASSOCIATES C/O C MESANKO
186
1
4A
806 N BAY AVENUE
DMM ASSOCIATES C/O C MESANKO
186
5
4A
806 N BAY AVENUE
DMM ASSOCIATES C/O C MESANKO
186
20
4A
806 N BAY AVENUE
DMM ASSOCIATES C/O C MESANKO
187.01
9
15C
325 TAYLOR AVENUE
BOROUGH OF BEACH HAVEN
187.02
1
4A
820 N BAY AVENUE
BAY VILLAGE, A NJ CORP
187.02
10
4A
309-319 TAYLOR AVENUE
BAY VILLAGE, A NJ CORP
187.02
3
4A
830 N BAY AVENUE
BAY VILLAGE INC
187.02
2
N/A
N/A
N/A
187.02
11
N/A
N/A
N/A
189
1
15A
710 N BEACH AVENUE
BOARD OF ED OF BEACH HAVEN
190
1
4A
811 N BAY AVENUE
COL CO LLC
190
17
2
231 EIGHTH STREET
DURKIN, JAMES J
190
2.02
4A
805 N BAY AVENUE
805 NORTH BAY LLC
190
2.01
4A
801 N BAY AVENUE
LOWNSBURY, JEHU H III
190
3
2
228 TAYLOR AVENUE
BRADDOCK, TIMOTHY P & BEVERLY J
191
5.01
4A
823 N BAY AVENUE
FARIAS, VINCENT R
191
4
4A
827 N BAY AVENUE
LYONS, JOSEPH F & JANICE M
191
1
4A
835 N BAY AVENUE
DABA COMPANY LLC
202
7
N/A
N/A
N/A
202
3
N/A
N/A
N/A
202
2
N/A
N/A
N/A
202
8
N/A
N/A
N/A
202
1
4A
301-401 NINTH STREET
SCHOONERS WHARF LLC
202
10
N/A
N/A
N/A
202
4
N/A
N/A
N/A
204
1
N/A
N/A
N/A
204
2
4A
1106 N BAY AVENUE
PANZONES BEACH HAVEN LLC
204
1.01
4A
1002 NORTH BAY AVENUE
SCOFIELD, WOODWARD & PHOENIX LLC
204
3
N/A
N/A
N/A
204
4
N/A
N/A
N/A
204
5
2
1114 N BAY AVENUE
PANZONE, FRANK V JR & JOYCE A
205
1
4A
1200 N BAY AVENUE
BEACH HAVEN AUTO PARTS
205
2
1
305 TWELFTH STREET
BEACH HAVEN AUTO PARTS
206
4
4A
901 N BAY AVENUE
901 BAY LLC
206
1
4A
907-909 N BAY AVENUE
KELLEY, A CURTIS
206
3
4A
905 N BAY AVENUE
ANASTASI REALTY LLC
206
2
N/A
N/A
N/A
207
4
N/A
N/A
N/A
207
1
4A
1001 N BAY AVENUE
SOUTHLAND CORP 7-11 26514
207
2
4A
1001 N BAY AVENUE
SOUTHLAND CORP 7-11 26514
207
3
4A
1001 N BAY AVENUE
SOUTHLAND CORP 7-11 26515
208
1
N/A
N/A
N/A
208
2
2
1111 N BAY AVENUE
SULLIVAN, DANIEL J & DONNA J
208
18
N/A
N/A
N/A
208
17
1, 2
229 (U-A, B, C, D) ELEVENTH STREET
THOMAS S, PATRICE A (U-A), LA SORDA K, & MCNAMARA C. (U-B), KELLY, MAUREN & COLIN (U-C), & SCHUBERT, DORIS & GLENN C (U-D)
209
1
1
1201 BAY AVENUE
STACK PROPERTIES
209
2.02
1
1211 N BAY AVENUE
STACK PROPERTIES LLC
209
2.01
2
1207 N BAY AVENUE
STACK PROPERTIES LLC
[1]
Editor's Note: Said map is on file in the Borough offices.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AFFORDABLE HOUSING DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or structure that provides for-sale or rental dwelling units for low- and moderate-income households within a residential use, structure, supportive or special needs dwelling, or residential component of a mixed-use development in accordance with the requirements of the Borough of Beach Haven's affordable housing ordinances and Housing Element and Fair Share Plan.
MIXED-USE DEVELOPMENT
A structure or building that encompasses two or more different land uses, which shall be a retail or commercial component and a residential component, whereby any commercial use must be on the ground floor of said building or structure and the upper levels of the structure shall be the residential component and shall provide low- and moderate-income units, for sale or rental, in accordance with the requirements of the Borough of Beach Haven's affordable housing ordinances and Housing Element and Fair Share Plan.
D. 
Density and required set-aside. The maximum density permitted for all affordable housing development in the overlay zone is 18 units per acre with a minimum required set-aside of 15% for rentals and 20% for for-sale developments.
E. 
Principal permitted uses.
(1) 
All uses permitted within the underlying zoning district(s) in which the overlay zone is located;
(2) 
Multifamily development in accordance with the above overlay zone density and set-aside requirements;
(3) 
Supportive and special needs housing; and
(4) 
Mixed-use affordable housing development.
F. 
Accessory uses.
(1) 
Off-street parking facilities in conformance with § 212-23, Off-street parking requirements;
(2) 
Signs in accordance with the standards of § 212-16, Signs;
(3) 
Accessory uses and buildings permitted per § 212-13;
(4) 
Fences, walls, and other design standards of the underlying zoning in accordance with the Borough Zoning Ordinance;
(5) 
Common facilities and amenities serving residents of multifamily developments, including swimming pools or other on-site recreational facilities, common walkways, sitting areas and gardens, and other similar accessory uses.
G. 
Area, yard, and building requirements. The bulk requirements for affordable housing development shall be in conformance with the following:
Affordable Housing Overlay Bulk Requirements
Use
Minimum Lot Area* (square feet)
Minimum Lot Frontage*
(feet)
Minimum Lot Width
(feet)
Minimum Front Yard Setback
Minimum Side Yard Setback
Minimum Rear Yard Setback
(feet)
Maximum Lot Coverage
Maximum Building Height
(stories/feet)
Mixed-use development
3,600
40
40
0
**
25
75%
3/42
Single-family homes for supportive or special needs
3,600
40
40
10
**
25
75%
2/30
Townhouses
3,600
40
40
5
**
25
75%
3/42
Apartments
3,600
40
40
15
**
25
75%
3/42
NOTES:
*
Notwithstanding anything to the contrary in this subsection, the minimum lot area and minimum lot frontage in the overlay district for those lots adjacent to or abutting Bay Avenue from Leeward Avenue to the southern boundary line of the Borough of Beach Haven shall be as follows: minimum lot area: 4,000 square feet; minimum lot frontage: 40 feet. All other requirements shall be the same as set forth above.
**
Side yard: In order to encourage an end product which provides parking, access and architectural continuity even where development occurs piecemeal and with diverse ownership, buildings may be attached and may be built to the interior side line(s) in order to be attached. Attached buildings may include two walls which must be keyed to each other. Where buildings are built to both side lot lines, the site plan shall be accompanied by appropriate documents and plan showing properly located loading space and trash receptacles with permitted access across adjacent properties.
H. 
Affordable housing requirements. All affordable housing developments within the overlay zone, for projects creating five or more units only, shall provide a minimum set-aside of 15% for rentals and a minimum 20% for for-sale residential developments for low- and moderate-income households in accordance with Beach Haven Borough affordable housing requirements. All affordable housing developments shall conform to the standards found in the Borough of Beach Haven's Affordable Housing Ordinance,[2] including provisions for affordability, very-low-income units, and UHAC standards.
(1) 
Age-restricted units shall be permitted within any affordable housing development. Age-restricted units shall not exceed 25% of any given affordable housing development's low- and moderate-income set-aside.
[2]
Editor's Note: See Ch. 43, Affordable Housing.
[Added 12-11-2017 by Ord. No. 2017-36C]
A. 
Violations. In case any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the proper local authorities, as contained herein, or an interested party may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises. Each and every day that such violation continues after the expiration of an abatement notice or after initial construction, as the case may be, shall be deemed a separate and distinct violation.
B. 
Penalties. The owner or user of any building or structure, lot or land, or part thereof where anything in violation of the zoning regulations of this chapter shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who knowingly assists in the commission of such violation, shall each be guilty of a separate misdemeanor and, upon conviction thereof, shall each be liable for a fine of not more than $1,000 or subject to imprisonment for not more than 90 days, or to both such fine and imprisonment. Each and every day that said violation continues shall be considered a separate offense punishable by either a fine not exceeding $1,000 or imprisonment not exceeding 90 days in jail, or both.