[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.
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.
ACCESSORY USE, BUILDING OR STRUCTURE
ALTERATIONS
APPROVING AUTHORITY
ATTICS
BAR
BUILDING
BUILDING AREA
BUILDING HEIGHT
BUILDING LINE
CERTIFICATE OF OCCUPANCY
CLUSTER DEVELOPMENT
DWELLING
DWELLING, MULTIPLE-FAMILY
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
FACADE
FACE
FA-FLOATING HOME
FAMILY
FC-FLOATING HOME MARINA
FRONT FACADE
HABITABLE AREA
IMPERVIOUS LOT COVERAGE
LOT
(1)
(2)
(3)
(4)
LOT COVERAGE
LOT FRONTAGE
(1)
(2)
LOT, IRREGULAR
(1)
(2)
LOT, REGULAR
NIGHTCLUB
PD-MARINA
PERVIOUS HARDSCAPE
PORCHES
RESTAURANT
ROLL-OFF CONTAINER
SIGN
(1)
(2)
(3)
(4)
(5)
SIGN, ON-SITE
SIGNS, NUMBER AND SURFACE AREA OF
(1)
(2)
STREET LINE
STRUCTURE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
TAVERN
TRAILER, CONSTRUCTION OR STORAGE
TRANSIENT BOAT SLIP
YARD
YARDS ABUTTING PUBLIC STREETS
YARDS ON REGULAR LOTS
(1)
(a)
[1]
[2]
[3]
[4]
(b)
(c)
(2)
(3)
(4)
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
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]
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.
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.
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]
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]
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]
The portion of a lot remaining after required yards have
been set aside, in which buildings may be placed.
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]
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]
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.
Development for multifamily use consisting of the dwelling
units located in separate and distinct buildings.
[Added 3-8-2004 by Ord. No. 2004-5]
A building designed and constructed to accommodate one or
more families.
[Added 3-8-2004 by Ord. No. 2004-5]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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 paved or unpaved
parking spaces and lots, 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,
surface covering, 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
or inground landscaping, sod or grass shall not be considered part
of the impervious lot coverage. For the purpose of this definition,
impervious lot coverage shall include any and all kind of pavers.
[Added 11-8-2004 by Ord. No. 2004-29; amended 4-8-2019 by Ord. No. 2019-9C; 8-10-2020 by Ord. No. 2020-13C; 9-13-2021 by Ord. No. 2021-33C]
A parcel of land of at least sufficient size to meet minimum
zoning requirements for use, coverage and area and to provide such
yards and other open spaces as herein required. Such lot shall have
direct vehicular access to an improved public street as herein defined
and may consist of:
A single lot of record.
A portion of a lot of record.
A combination of complete lots of record, of
complete lots of record and portions of lots of record, or of portions
of lots of record.
A parcel of land described by metes and bounds,
provided that in no case of division or combination shall any residential
lot or parcel be created which does not meet the requirements of this
chapter.
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]
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."
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.
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:
Lot area, as computed for regular lots, shall
meet district requirements for the proposed use.
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.
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]
An establishment dispensing liquor and food where music,
dancing or entertainment is conducted.
[Added 10-11-2005 by Ord. No. 2005-23A]
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]
A porous paver or porous pavement surface that allows water
to percolate and is constructed utilizing an uncompacted subgrade,
base layer/fabric filter, uniformly graded stone aggregate and a porous
layer to ensure adequate drainage.
[Added 4-8-2019 by Ord. No. 2019-9C]
A roofed-over deck area of unconditioned space with required
railings and guards only. Railings and walls shall not be solid, unless
transparent. Porches may be enclosed with insect screening.
[Added 6-12-2000 by Ord. No. 2000-12; amended 4-12-2021 by Ord. No. 2021-9C; 4-12-2021 by Ord. No. 2021-9C]
A food establishment primarily selling prepared food for
consumption on premises.
[Added 2-28-1994 by Ord. No. 94-5]
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]
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:
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.
Flags and insignias of any government, except
when displayed in connection with commercial promotion.
Legal notices and identification, information
or directional signs erected or required by governmental bodies.
Integral decorative or architectural features
of buildings, except letters, trademarks, moving parts or moving lights.
Signs directing and guiding traffic and parking
on private property, but bearing no advertising matter.
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.
For the purpose of determining number of signs,
a sign shall be considered to be a single display surface or display
device containing elements organized, related and composed to form
a unit. Where matter is displayed in a random manner without organized
relationship of elements, each element shall be considered to be a
single sign.
The surface area of a sign shall be computed
as including the entire area within a regular geometric form comprising
all of the display area of the sign and including all of the elements
of the matter displayed. Frames and structural members not bearing
advertising matter shall be included in computation of surface area.
The right-of-way line of a street.
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which exceeds 50% of the base replacement
value, as determined by the Assessor, of the structure either before
the start of construction of the improvement or repair, if the structure
has been damaged and is being restored, before the damage occurred.
This term includes structures which have incurred substantial damage
regardless of the actual repair work performed. For the purposes of
this definition, substantial improvement and/or substantially improved
is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
[Added 5-26-2022 by Ord.
No. 2022-11C]
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code specifications
which have been identified by the local code enforcement officer and
which are the minimum necessary to assure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
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]
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]
Any boat slip not designated and reserved for a specific
vessel or individual, and at which any vessel does not remain docked
overnight.
[Added 9-14-2020 by Ord. No. 2020-16C]
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.
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.
FRONT YARDA yard extending between side lot lines across the front of a lot adjoining a public street.
On through lots, unless the prevailing lot pattern
indicates otherwise, front yards shall be provided on all frontages
in accordance with the general regulations of the district concerning
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:
With the least front yard depth required on
an adjacent lot; or
With the greatest front yard depths required
on adjacent lots; or
With the average of front yard depth required
on adjacent lots; or
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.
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.
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.
SIDE YARDA 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.
REAR YARDA 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.
SPECIAL YARDA 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.
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.
(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 and a maximum 18 feet in height above the established street
grade. Attic space within the garage shall only be utilized for storage.
[Amended 10-15-2019 by Ord. No. 2019-29C]
(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.
(3)
Any detached accessory structure/building shall conform to all front,
rear and side yard accessory setback requirements and lot coverage
requirements unless otherwise provided in this chapter. Such accessory
structures, including pergolas, outdoor kitchens, fire pits, and freestanding
fireplaces, shall meet the five-foot minimum setback and shall be
included in lot coverage calculations only.
[Amended 10-15-2019 by Ord. No. 2019-29C; 9-14-2020 by Ord. No. 2020-15C]
(4)
Fixed-location generators, equipment associated with heating, ventilation,
air conditioning and the like shall comply with the following setback
requirements:
[Amended 10-15-2019 by Ord. No. 2019-29C]
(a)
The maximum required setback from the principal structure shall be
one foot.
(b)
The platform for the fixed-location generators, equipment associated
with heating, ventilation, and air conditioning shall not exceed 32
square feet and shall be exempt from building coverage but shall be
included in impervious coverage and shall be located in rear and side
yards only meeting the five-foot minimum setback.
C.
Prohibited uses and buildings.
(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]
(4)
All
classes of cannabis establishments or cannabis distributors or cannabis
delivery services as said terms are defined in Section 3 of P.L. 2021,
c. 16, but not the delivery of cannabis items and related supplies
by a delivery service.
[Added 7-29-2021 by Ord. No. 2021-27C]
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.
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]
[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.
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.
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.
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]
(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.
C.
Prohibited uses and buildings.
(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]
(4)
All
classes of cannabis establishments or cannabis distributors or cannabis
delivery services as said terms are defined in Section 3 of P.L. 2021,
c. 16, but not the delivery of cannabis items and related supplies
by a delivery service.
[Added 7-29-2021 by Ord. No. 2021-27C]
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.
(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]
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.
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.
(d)
Such use shall comply with the Fire Prevention
Code of the Borough, as amended, and all applicable state and federal
regulations.
(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]
(11)
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in Section 3
of P.L. 2021, c. 16, but not the delivery of cannabis items and related
supplies by a delivery service.
[Added 7-29-2021 by Ord. No. 2021-27C]
C.
Accessory uses permitted.
(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 as established in § 212-18.1 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.
[Amended 3-13-2023 by Ord. No. 2023-07C]
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.
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.
(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]
I.
Streetscape.
[Added 12-9-2019 by Ord. No. 2019-32C]
(1)
Streetscape
improvements are required for new construction or substantial improvement
of property located within the Business District on Bay Avenue from
the north side of Pearl Street through to the municipal boundary at
12th Street only. "Substantial improvements" shall be defined as 50%
of the replacement value of the structure as determined by the Municipal
Assessor. The property owner or owners shall install streetscape improvements
in accordance with the specifications herein set forth in this chapter
being consistent with the Borough of Beach Haven Master Plan adopted
April 2018 and in coordination with and at the direction of the Borough
Engineer.
(2)
At
least one Polywood HDPE recycled plastic lumber bench seat in black
shall be provided along the frontage of the property within the sidewalk
area or in a location satisfactory to the Borough Engineer. The district
standard is the Traditional Garden Bench in Black color, manufactured
by Vermont Wood Studios and also known as item TGB60 or equal approved
by the Borough Engineer, consistent with the Master Plan.
(3)
The
sidewalk area along the frontage of the property between the curbline
and the building shall be comprised of brick paver material. The district
standard is Glenn Gery Brick, Style 55D, 53DD, 3 5/8 inches by 7 5/8
inches in the Running Block Pattern or equal approved by the Borough
Engineer, consistent with the Master Plan.
(4)
Every
lot along Bay Avenue subject to the streetscape requirements shall
also provide street lighting in a location provided by the Borough
Engineer. The district standard is the Promenade Series Fixture, manufactured
by Architectural Area Lighting, specifically, head type: PRMD, arm
type: TRA9 and pole type: DB3- 4R14 or equal approved by the Borough
Engineer, consistent with the Master Plan.
(5)
Within
the sidewalk area immediately adjacent to the building, at least one
commercial self-watering garden planter shall be provided and planted
seasonally. The district standards are manufactured by Earth Planters
and comprised of Model EPUR-40 Urban Rectangle in the Black color,
Model EPMV-41 Urban Vase 41 and Model EPMV-31 Urban Vase or equal
approved by the Borough Engineer, consistent with the Master Plan.
(6)
One
commercial refuse container shall be provided by each business and
placed within the sidewalk area as directed by the Borough Engineer.
The district standard is the Square Top Receptacle with Flat Top Lid
manufactured by Belson Outdoors, specifically Model TC-SF-22B in Light
Sand Blast Finish in color Sand Tan or equal approved by the Borough
Engineer, consistent with the Master Plan.
(7)
At
least one street tree per lot is required to be planted within the
sidewalk area, and an associated ground grate shall be installed.
Additional plantings may be required based on total length of street
frontage at the direction of the Borough Engineer, consistent with
the Master Plan. The district standard is the White Crepe Myrtle (
botanical name: Lagerstroemia indica x fauriei ' Natchez) with planting
size to be determined by the Borough Engineer at time of installation.
The district standard tree/ground grate is the ADA Style Black Coated
finish manufactured by Ironsmith, Inc., or equal approved by the Borough
Engineer. A street tree grate detail can be obtained from the Borough
Engineer.
[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, excluding transient slips.
[Amended 9-14-2020 by Ord. No. 2020-16C]
(2)
In the case of rack-type operations, one off-street
parking space must be provided for every three boats stored.
(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.
[1]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.
(3)
All
classes of cannabis establishments or cannabis distributors or cannabis
delivery services as said terms are defined in Section 3 of P.L. 2021,
c. 16, but not the delivery of cannabis items and related supplies
by a delivery service.
[Added 7-29-2021 by Ord. No. 2021-27C]
E.
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:
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.
[Added 9-13-2004 by Ord. No. 2004-18]
(1)
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.
(2)
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in Section 3
of P.L. 2021, c. 16, but not the delivery of cannabis items and related
supplies by a delivery service.
[Added 7-29-2021 by Ord. No. 2021-27C
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:
(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:
(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.
(4)
Any
business wishing to display decorative or advertising flags on or
over the public right-of-way or on private property must mount the
flags from the building so that, when hanging in their lowest position,
there is a clear, unobstructed space of not less than seven feet between
the sidewalk and the lowest portion of the flag. There shall be no
limitation as to the number of American flags which any business may
wish to display, provided that they are displayed in accordance with
this section so as not to interfere with pedestrian movement or traffic.
Feather-type flags shall not be permitted.
[Added 11-13-2023 by Ord. No. 2023-30C]
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.
(5)
Inflatable
signage, advertisement, or objects used to attract attention are not
permitted.
[Added 11-13-2023 by Ord. No. 2023-30C]
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;
amended 5-9-2016 by Ord. No. 2016-8C; 3-13-2023 by Ord. No. 2023-07C]
(1)
No signboard shall be displayed before paying a zoning fee as established in § 212-18.1 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.
A.
A post and rail fence or a fence with 50% opacity
is permitted along any lot line. A stockade or solid fence is permitted
along rear lot lines and along side lot lines to the front corners
of the structure. From the front corners of the structure to the front
property line, the fence shall have an opacity of 50%. On corner lots,
where there are two fronts and two sides, a five-foot solid with one-foot
lattice fence may be constructed along the sides to the front corners
of the structure. From the front corners of the structure to the front
property lines the fence may be four feet with 50% opacity.
[Amended 2-9-2015 by Ord.
No. 2015-9C; 9-13-2021 by Ord. No. 2021-33C]
B.
Maximum height limits. Along rear and side lot lines
to front corner of structure - five-foot solid, one-foot lattice.
From front corner of the structure to the front property line - four
feet 50% opacity.
[Amended 2-9-2015 by Ord.
No. 2015-9C; 9-13-2021 by Ord. No. 2021-33C]
C.
Lands abutting commercial property. In areas wherein a residential property abuts a commercial property, structure or use 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.
[Amended 9-13-2021 by Ord. No. 2021-33C]
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, pool filters, pool heaters and pool equipment
(pool filters, pool heaters and pool equipment shall be enclosed on
at least three sides shielding adjacent property) must maintain a
minimum ten-foot side yard setback and eight-foot rear yard setback
from the property line. For corner lots, the setback for the side
yard which is not the front facade of the house shall be a minimum
of eight feet, and the rear setbacks shall be a minimum of 10 feet.[1]
[Added 2-9-2009 by Ord. No. 2009-1;
amended 9-14-2020 by Ord. No. 2020-15C]
[1]
Editor's Note: Former Subsection F, Lands abutting commercial
property, as amended, was repealed 9-13-2021 by Ord. No. 2021-33C.
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 as established in § 212-18.1 shall be made for all minor permits (decks, sheds and air-conditioning structures) and a charge as established in § 212-18.1 for all major permits (habitable area) as provided for in Subsection B(2), (3) and (4) hereof, including zoning permits, for new construction of residential single-family dwellings, expansion of residential single-family or duplex dwellings by alteration or addition to existing structures, new construction of business, marine commercial, and multifamily structures, expansion of business, marine commercial, and multifamily structures by alteration, 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; 3-13-2023 by Ord. No. 2023-07C]
(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.
(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, or his/her designee, to enter upon and examine the
building or buildings for which said application is applied for in
order that the Borough's Zoning Officer, or his/her designee, 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, or his/her designee, 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; 12-29-2022 by Ord. No.
2022-34C]
[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 as established in § 212-18.1.
[Amended 2-9-2009 by Ord. No. 2009-6; 3-13-2023 by Ord. No. 2023-07C]
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]
[Added 3-13-2023 by Ord. No. 2023-07C]
|
Fee Type
|
Fee
|
Code Section
|
|---|---|---|
|
Sign permits
|
$50
| |
|
Fences: The permit fee for the construction of a fence shall
be $0.10 per linear foot of fence; provided the minimum fee is:
|
$30
|
§ 74-22
|
|
Zoning permit fees
| ||
|
Residential, single-family dwelling, new construction
|
$250
| |
|
Residential, single-family dwelling and duplex,
expansion of dwelling by alteration or addition to existing structure
|
$150
| |
|
Business, marine commercial, and multi-family structures,
new construction
|
$300
| |
|
Business, marine commercial, and multifamily structures,
expansion of structures by alteration or addition to existing structures
|
$200
| |
|
Any accessory building
|
$100
| |
|
Addition or alteration of impervious surface coverage
|
$75
|
§ 212-B(1)
|
|
Pools
|
$150
| |
|
PODs or dumpsters
|
$25
| |
|
Minor work (includes pergola, platforms, etc.)
|
$50
| |
|
Certificates of zoning occupancy
| ||
|
Single-family dwelling
|
$75
| |
|
Residential duplex, multifamily dwelling, business
and marine commercial structures
|
$150
| |
|
Reinspection fee
|
$25
|
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 lowest horizontal
structural member at a minimum elevation set in compliance with the
Flood Insurance Rate Map for Ocean County, New Jersey, as shown on
Index and Numbers 0584, 0592, 0603, 0611, whose effective date was
September 29, 2006, and any and all amendments or modifications thereto
which include the Preliminary Flood Insurance Rate Maps dated January
30, 2015. Where the effective mapping for base flood elevation conflict
or overlap with best available flood hazard data, whichever imposes
the more stringent requirement shall prevail plus one foot of freeboard.
[Amended 9-9-2019 by Ord. No. 2019-30C; 4-13-2020 by Ord. No. 2020-03C]
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.
[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]
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, existing as of the effective date of this section, in the
Borough of Beach Haven is raised 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 4-12-2021 by Ord. No. 2021-9C; 2-13-2023 by Ord. No. 2023-02C]
J.
Electric meter platforms, projecting not more than four feet from
the building exterior wall and no more than three feet wide and a
maximum of 24 inches above grade, with two steps, shall not be considered
lot coverage and may encroach into the front and side yard setbacks
of the lot on which the platform is located.
[Added 7-14-2014 by Ord.
No. 2014-8C]
K.
Ductless
systems for heat and air may encroach into side and/ or rear yard
setbacks a maximum of 24 inches for existing homes only. Ductless
units on new construction shall comply with current setbacks.
[Added 4-12-2021 by Ord. No. 2021-9C; amended 4-12-2021 by Ord. No. 2021-9C]
[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.
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 for all new and substantially
improved buildings.
[Amended 1-14-2013 by Ord. No. 2012-24C; 5-26-2022 by Ord. No. 2022-11C]
(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.
[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 surface 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.
[Amended 4-8-2019 by Ord. No. 2019-9C]
B.
Permits and fees for impervious surface coverage.
(1)
No impervious or pervious hardscape 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 or pervious lot coverage shall be as established in § 212-18.1. 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; 4-8-2019 by Ord. No. 2019-9C; 3-13-2023 by Ord. No. 2023-07C]
(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)
Maximum impervious coverage.
[Amended 4-8-2019 by Ord. No. 2019-9C; 6-10-2019 by Ord. No. 2019-18C]
(a)
Impervious lot coverage on any lot, including an area covered by
any improvement, a permitted structure, swimming pool, deck or the
like must maintain 40% of the area as open space and the maximum impervious
cover shall be 60%. On lots fronting on the Atlantic Ocean, the 40%
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.
[Amended 8-10-2020 by Ord. No. 2020-13C]
(b)
Development within the Affordable Housing Overlay District that is inclusive of affordable housing in compliance with the Borough of Beach Haven Fair Share Plan shall be exempt from the requirements of § 212-27B(3)(a) above, and instead the standards of § 212- 27B(3)(c) and (d) shall apply.
(c)
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. For the purpose
of calculating impervious lot coverage, no portion of the lot which
is mapped as wetlands and no portion which is riparian should be includable
in the calculation of determining permissible impervious lot coverage.
(d)
When less than 75% of the lot is covered by a building, and additional
hard surface is proposed, any new surface treatment amounting to between
60% to 75% of lot coverage shall be developed with a hardscape material
comprised only of porous pavers or porous pavement. The maximum permitted
combination of pervious and impervious surfaces on any lot is 75%.
Pervious hardscapes shall be installed in accordance with Detail A,
entitled " Typical Construction of Pervious Surfaces" or as directed
by the Borough Engineer.
|
Typical Construction of Pervious Surfaces
 |
(4)
All on-site parking lots that are ancillary to a business use shall be constructed of a porous paver or porous pavement surface as defined in § 212-3.
[Added 4-8-2019 by Ord. No. 2019-9C]
(5)
A pervious surface area with a minimum width of 18 inches shall be
provided between any impervious surface and the side yard and rear
yard property lot lines. The eighteen-inch pervious area is not required
for driveways with a minimum six-inch-high curbline along the side
of a driveway abutting a property lot line.
[Added 4-8-2019 by Ord. No. 2019-9C]
C.
Installation of impervious surface and pervious hardscape 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.
[Amended 4-8-2019 by Ord. No. 2019-9C]
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.[1]
[Added 10-11-2005 by Ord. No. 2005-23A]
[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.
ALTERNATIVE TOWER STRUCTURE
ANTENNA
BACKHAUL NETWORK
FAA
FCC
HEIGHT
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
TOWER
Definitions. As used in this section, the following
terms shall have the meanings set forth below:
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.
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.
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.
The Federal Aviation Administration.
The Federal Communications Commission.
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.
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.
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.
(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.
(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.
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.
[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;
(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:
(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 10-9-2018 by Ord.
No. 2018-28C]
A.
Purpose. The purpose and intent of this section is to:
(1)
Establish a local policy concerning telecommunications facilities,
including small cell equipment and wireless poles.
(2)
Conserve the limited physical capacity of the public rights-of-way
held in public trust by the Borough and the county.
(3)
Assure that any and all telecommunications carriers providing
telecommunications services in the Borough through telecommunications
facilities, including but not limited to small cell equipment and
wireless poles, comply with the laws, rules and regulations of the
Borough.
(4)
Assure that the Borough can continue to fairly and responsibly
protect the public health, safety and welfare.
(5)
Enable the Borough to discharge its public trust consistent
with rapidly evolving federal and state regulatory policies, industry
competition, and technological development.
B.
CO-LOCATION
PUBLIC RIGHT-OF-WAY
SMALL CELL EQUIPMENT and SMALL CELL FACILITY
(1)
(2)
(3)
(4)
(a)
(b)
TELECOMMUNICATIONS
TELECOMMUNICATIONS CARRIER
TELECOMMUNICATIONS FACILITY
TELECOMMUNICATIONS SERVICE(S)
WIRELESS POLE
Definitions. The following words and phrases shall, for the purpose
of this section, have the meanings herein indicated:
The use of a common wireless telecommunications tower or
a common structure, by two or more wireless license holders or unlicensed
holders nevertheless regulated by the Federal Communications Commission
or by one wireless license holder for more than one type of communications
technology and/or the placement of a wireless telecommunication tower
on a structure owned or operated by a utility or other public entity.
The surface of, and the space above, any public street, road,
lane, path, public way or place, sidewalk, alley, boulevard, parkway,
drive, and the like, held by the Borough or county as an easement
or in fee simple ownership, or any other area that is determined by
the Borough or county to be a right-of-way in which the Borough may
allow the installation of telecommunications facilities.
Wireless facilities and transmission media, including femtocells,
picocells and microcells.
Outside distributed antenna systems ("ODAS").
A personal wireless service facility as defined by the Federal
Telecommunications Act of 1996, as amended, that is attached, mounted
or installed on an existing pole or wireless pole in the public rights-of-way
and used to provide telecommunications (defined herein) services.
A wireless service facility that meets both of the following
qualifications:
Each antenna is located inside an enclosure of no more than
three cubic feet in volume or, in the case of an antenna that has
exposed elements, the antenna and all of its exposed elements could
fit within an imaginary enclosure of no more than three cubic feet;
and
Primary equipment enclosures are not larger than 17 cubic feet
in volume. The following associated equipment may be located outside
of the primary equipment enclosure and, if so located, is not included
in the calculation of equipment volume: electric meter, concealment,
telecommunications demarcation box, ground-based enclosures, backup
power systems, grounding equipment, power transfer switch, and cutoff
switch.
The transmission by wire, radio, optical, or any electromagnetic
system, between or among points specified by the user, of information
of the user's choosing, without change in the form or content of the
information as sent and received.
Any provider of telecommunications services.
Any structure or device used for the purpose of providing,
supporting, enabling, or otherwise facilitating telecommunications,
including, but not limited to, small cell equipment and wireless poles,
as defined herein.
The offering of telecommunications to the public, regardless
of the telecommunications facilities used.
A column or post lawfully located in the Borough or county
right-of-way used solely to support small cell equipment and/or provide
personal wireless services as defined by federal law.
C.
Permitted zones and use for telecommunications facilities.
(1)
Wireless poles, small cell equipment and small cell facilities
existing or to exist in the Borough or county rights-of-way shall
be limited to placement within the boundaries of Zoning District BD
as shown on the Official Zoning Map of the Borough of Beach Haven.
(2)
Wireless poles, small cell equipment and small cell facilities existing or to exist in the Borough or county rights-of-way shall be a conditional use within Zoning District BD, and subject to all applicable local and state requirements for conditional use approval, and the required notice as specified in § 212-28.1K below.
(3)
Telecommunications facilities and new wireless poles shall not
be permitted in the following zones: RA, RNA, RSA, RB, RC, HP, MC,
and RCB.
D.
Small cell facility license. The following shall apply to applications
for all small cell facilities and wireless poles:
(1)
Any telecommunications carrier who desires to construct, install,
operate, maintain, or otherwise locate small cell facilities within
the Borough, including on any public right-of-way, for the purpose
of providing telecommunications services to persons and areas inside
or outside the Borough, shall first obtain Land Use Board approval
and a license from the Borough in accordance with this section.
(2)
For purposes of this section, the construction, installation,
operation, maintenance or location of telecommunications facilities
includes the co-location with any telecommunications facility.
(3)
A telecommunications carrier who is issued a license pursuant to this section who, during the license term [as defined in Subsection D(5) below], wishes to add, supplement, or modify the telecommunications facility for which the license was granted shall be required to obtain a new license in accordance with the procedures established by this section, except that no new license shall be required during the license term if the addition, supplement or modification does not materially change the overall size, dimensions, technical aspects, or appearance of the telecommunications facility, as reasonably determined by the Borough Manager in consultation with the Borough Engineer. Nothing in this section shall be construed as eliminating or otherwise altering duration of the license term.
(4)
No application to construct a new wireless telecommunication
service facility shall be approved unless the applicant demonstrates
to the reasonable satisfaction of the Borough that no existing personal
wireless telecommunication service facility within a reasonable distance,
regardless of municipal boundaries, can accommodate the applicant's
needs. Evidence submitted to demonstrate that no existing personal
wireless telecommunication service facility can accommodate the applicant's
proposed facility shall consist of one or more of the following:
(a)
No existing telecommunications facilities are located within
the geographic area required to meet the applicant's coverage demands.
(b)
Existing telecommunications facilities are not of sufficient
height to meet the applicant's coverage demands and cannot be extended
to such height.
(c)
Existing telecommunications facilities do not have sufficient
structural strength to support the applicant's proposed antenna and
related equipment.
(d)
Existing telecommunications facilities do not have adequate
space on which proposed equipment can be placed so it can function
effectively and reasonably.
(e)
The applicant's proposed antenna would cause electromagnetic
interference with the antennas on the existing facility, or the antennas
on the existing facility would cause interference with the applicant's
proposed antenna.
(f)
The applicant demonstrates that there are other compelling limiting
factors, including but not limited to economic factors, that render
existing facilities or structures unsuitable.
(5)
License term. The term of a license issued pursuant to this
section shall be no less than five years and shall not exceed seven
years.
E.
Small cell facility license application process. Any person who desires
a license pursuant to this section shall file an application with
the Borough Administrator. The application shall include the following
information:
(1)
The identity of the license applicant, including all affiliates
of the applicant.
(2)
A description of the telecommunications services that are or
will be offered or provided.
(3)
A description of the telecommunications facility(ies).
(4)
A description of the transmission medium that will be used by
the licensee to offer or provide telecommunications services.
(5)
Preliminary engineering plans, a survey, specifications, and
a network map of the telecommunications facility to be located within
the Borough, all in sufficient detail to identify:
(a)
The location and route requested for the applicant's proposed
telecommunications facility.
(b)
The location of all antennas, cells and nodes for the applicant's
proposed telecommunications facility.
(c)
The location of all overhead and underground public utility,
telecommunications, cable, water, sewer drainage and other facilities
in the public way along the proposed route.
(d)
The specific trees, structures, improvements, facilities and
obstructions, if any, that the applicant proposes to temporarily or
permanently remove, relocate or alter.
(e)
Telecommunications facilities providers use various methodologies
and analysis tools, including geographically based computer software,
to determine the specific technical parameters of facilities, such
as expected coverage area, antenna configuration and topographic constraints
that affect signal paths. In certain instances, there may be a need
for expert review by a third party of the technical data submitted
by the provider. The Borough may require such a technical review to
be paid for by the applicant for a telecommunications service facility.
The selection of the third-party expert may be by mutual agreement
between the applicant and the Borough or at the discretion of the
Borough, with a provision for the applicant and interested parties
to comment on the proposed expert and review its qualifications. The
expert review is intended to be a site-specific review of technical
aspects of the telecommunications facilities and not a subjective
review of the site selection. The expert review of the technical submission
shall address the following:
(f)
A preliminary construction schedule and completion date.
(g)
Financial statements prepared in accordance with generally accepted
accounting principles demonstrating the applicant's financial ability
to construct, operate, maintain, relocate and remove the telecommunications
facilities.
(h)
Information to establish the applicant's technical qualifications,
experience and expertise regarding the telecommunications facilities
and telecommunications services described in the application.
(i)
Information to establish that the applicant has obtained all
other governmental approvals and permits to construct and operate
the telecommunications facilities and to offer or provide the telecommunications
services.
(j)
Information to establish that the telecommunications facility
meets the current standards and regulations of any agency of the federal
government with the authority to regulate telecommunications facilities.
(k)
Information to establish that the proposed telecommunications
facility conforms to the requirements of the International Building
Code and National Electrical Code, as applicable.
(l)
Proof of notice pursuant to the requirements set forth below in Subsection K below, Notification for telecommunication facilities.
(m)
A copy of Land Use Board approval.
F.
Determination by the Borough Manager for small cell facility licenses.
(1)
Upon the Borough Manager's determination that an application
for a license is complete, including obtaining Land Use Board approval,
the Borough Manager, after consultation with the Borough Solicitor
and Borough Engineer, shall issue the determination.
(2)
A determination shall be issued within 90 days of the applicant's
submission of a complete application.
(3)
If the application is denied, the written determination shall
include the reasons for denial and supported by facts upon which the
denial is based.
G.
Fees and escrows for small cell facility licenses.
(1)
An application for a license under this section shall be accompanied
by a payment of a fee of $1,000.
(2)
Pursuant to N.J.S.A. § 54:30A-124, the Borough shall
recover reasonable professional fees for actual services incurred
in the review of applications under this section. The applicant shall
make a deposit in an escrow for professional fees in the amount of
$2,500. If said escrow account contains insufficient funds to enable
the Borough to perform its review, the chief financial officer shall
provide the applicant a notice of insufficient balance. In order for
review to continue, the applicant shall, within 15 days, post a deposit
to the account in an amount to be mutually agreed upon.
H.
Assignment or transfers of small cell facility licenses. Ownership
or control of a license issued pursuant to this section may not, directly
or indirectly, be transferred, assigned or disposed of by sale, lease,
merger, consolidation or other act of the grantee, by operation of
law or otherwise, without the prior consent of the Borough as expressed
by resolution.
I.
General indemnification of Borough in connection with small cell
facility licenses. Each license grantee shall indemnify and hold the
Borough and its officers, employees, agents and representatives harmless
from and against any and all damages, losses and expenses, including
reasonable attorney's fees and costs of suit or defense, arising out
of, resulting from or alleged to arise out of or result from the negligent,
careless or wrongful acts, omissions, failures to act or misconduct
of the grantee or its affiliates, officers, employees, agents, contractors
or subcontractors in the construction, operation, maintenance, repair
or removal of its telecommunications facilities, and in providing
or offering telecommunications services over the facilities, whether
such acts or omissions are authorized, allowed or prohibited by this
chapter or by a grant agreement made or entered into pursuant to this
chapter.
J.
Revocation or termination of small cell facility licenses.
(1)
The Borough may revoke a license granted under this section
for the following reasons:
(a)
Construction or operation without a license.
(b)
Construction or operation at an unauthorized location.
(c)
Unauthorized substantial transfer of control of the grantee.
(d)
Unauthorized assignment of a license.
(e)
Unauthorized sale, assignment or transfer of grantee's assets,
or a substantial interest therein.
(f)
Misrepresentation or lack of candor by or on behalf of a grantee
in any application to the Borough.
(g)
Abandonment of the telecommunications facility. A telecommunications
facility shall be deemed "abandoned" if it is either disconnected
from power service or unused for greater than six months. Abandoned
telecommunications facilities shall be removed by the owner. Should
the owner fail to remove the telecommunications facility, the Borough
may do so at its option, and the costs thereof shall be a charge against
the owner.
(h)
Insolvency or bankruptcy of the grantee.
(i)
Material violation of the Borough's Revised General Ordinances.
(2)
In the event that the Borough believes that grounds exist for
revocation of a license, it shall give the grantee written notice
of the apparent violation or noncompliance, providing a statement
of the nature and general facts of the violation or noncompliance,
and providing the grantee a reasonable period of time not exceeding
30 days to furnish evidence:
(3)
The Borough shall consider the apparent violation or noncompliance
in a public meeting, with respect to which the grantee shall be given
notice and a reasonable opportunity to be heard concerning the matter.
K.
Notification required by telecommunications facility providers.
(1)
Any telecommunications carrier who desires to change existing
use, construct, install, operate, maintain, or otherwise locate a
telecommunications facility in the Borough shall provide notice to
property owners certified by the Borough Administrator to be within
500 feet of the proposed telecommunications facility.
(2)
Notice shall be given to a property owner by:
(a)
Serving a copy thereof on the property owner as shown on the
current certified tax list, or his or her agent in charge of the property;
or
(b)
Mailing a copy thereof by certified mail and regular mail to
the property owner at the address as shown on the said current certified
tax list, and service by mailing shall be deemed complete upon deposit
with the United States Postal Service; and
(3)
Notice pursuant to this section shall state the identity of
the telecommunications carrier; a description of the telecommunications
services that are or will be offered or provided; a description of
the location(s) of any telecommunications facilities; and a description
of the telecommunications facilities to be installed and the location
of the telecommunications facilities. The notice shall also advise
that a copy of the applicant's application is on file with the Borough
Administrator and may be reviewed by the public.
(4)
Such other and further information as may be required by the
Borough Manager.
(5)
In the case of an application that seeks to construct, install,
operate, maintain, or otherwise locate a telecommunications facility
or equipment on any property owned or controlled by the county, including,
but not limited to, a county right-of-way, the applicant shall also
provide notice to and obtain a permit from the county authorizing
the placement of such telecommunications facility on any such property
or right-of-way.
L.
Land use ordinance not superseded. The requirements of this section
shall be in addition to, and shall not be in lieu of, any requirements
imposed by the Borough's Zoning Code. No license for a telecommunication
facility shall be issued under this section until an applicant obtains
site plan approval and the approval of any variances from the Land
Use Board.
M.
Severability. If any subsection or provision of this section shall
be held invalid in any court of competent jurisdiction, the same shall
not affect the other subsections or provisions of this section, except
so far as the subsection or provision so declared invalid shall be
inseparable from the remainder or any portion thereof.
[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.
AFFORDABLE HOUSING DEVELOPMENT
MIXED-USE DEVELOPMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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.
F.
Accessory uses.
(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.
[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.
