Barnegat Light City Zoning Code
§ 215-4
General regulations.
[Amended 12-9-1983 by Ord. No. 83-14; 11-10-1986 by Ord. No. 86-13; 5-20-1998 by Ord. No. 98-9; 5-17-2000 by Ord. No. 00-14; 4-11-2018 by Ord. No. 2018-05; 4-14-2021 by Ord. No. 2021-05; 5-12-2021 by Ord. No. 2021-07; 11-10-2021 by Ord. No. 2021-19; 3-12-2025 by Ord. No. 2025-03]
A.
Zoning affects every use and structure.
(1)
Except as previously or hereinafter provided, it shall be unlawful to locate, relocate, erect, construct, reconstruct, enlarge or structurally alter any building or structure except in conformity with the regulations of the district in which such building or structure is located.
(2)
Except as previously or hereinafter provided, it shall be unlawful to use any land or building for any purpose other than is permitted in the district in which such land or building is located.
(3)
Without in any way limiting the foregoing restrictions, the use of any lands or buildings for the sale, purchase, dispensing or cultivation of marijuana shall be unlawful and strictly prohibited throughout the Borough of Barnegat Light. 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,[1] but not the delivery of cannabis items and related supplies by a delivery service, are prohibited.
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
B.
Required yards cannot be reduced or used by another building.
(1)
No open space provided around any building for the purposes of complying with the provisions of this chapter shall be considered as providing open space for any other building, except as set forth in Subsection C.
(2)
Decks without railings and patios without railings when constructed outside the building area shall not exceed one foot above ground level elevation, otherwise they shall be considered as ground covering area.
C.
Accessory buildings in residence districts. Accessory buildings shall be subject to the following requirements:
(1)
They shall not be located in any required front yard.
(2)
They shall not exceed one story or 15 feet in total height at the ridge, where the roof slopes directly from the ridge to the sidewalls, which sidewalls shall not exceed 10 feet in height. Any accessory building which does not have a ridge with straight roof slope to the sidewalls shall not exceed 10 feet in height. Any loft area of any accessory building or garage may not be used for living quarters.
(3)
The minimum distance of any accessory building from an adjacent building shall be 10 feet.
D.
Vision clearance on corner lots. In any district on any corner lot, no fence, sign or other structure, planting or other obstruction to vision higher than two feet six inches above the established street grade at the center line shall be erected or maintained within the area defined by a line connecting points on the two street lot lines at a distance of 15 feet from the corner.
E.
Off-street parking lots. All off-street parking areas shall be either surfaced with gravel or paved with asphalt or concrete. All parking areas, commercial or residential, shall be designed with parking patterns to permit ready and adequate ingress and egress to each parking space in accordance with sound traffic engineering design standards.
F.
Annexed lands. Any land which shall be henceforth included within the jurisdictional limits of the borough shall be subject to the regulations which pertain to the R-A Zone. The Planning Board shall then study the newly acquired land and make recommendations to the governing body as to the zoning classification of the land.
G.
Height limits. The following shall apply:
(1)
No building or structure shall be erected or enlarged to exceed 30 feet in height; except that in the MC Marine Commercial Zone, west of Bayview Avenue, the building height for all buildings (other than the municipal livery properties) shall not exceed 32 feet in height.
(2)
In measuring the height of any building to determine its conformity with the thirty-foot height restriction as herein imposed, the measurement shall be taken from the crown of the nearest improved street or easement on which the building or structure is located. To determine the height of the vertical plane of the building being measured, a straight level line perpendicular to the edge of the easement or improved street and running directly from the crown of said building at its closest point to the crown of the improved street or easement point shall be marked, from which a vertical line shall be taken upwards to the point of intersection with the plane of the highest point on the building.
(3)
No exceptions are permitted as to height restrictions except as are herein specifically provided or as hereinafter specifically provided in § 215-14A of this chapter.
(4)
Nothing may be stored or placed on any building in excess of the height limitations herein imposed.
H.
Setbacks in developed neighborhoods. Where in a given block there is a pronounced uniformity in the alignment of existing buildings in which the front yard depths are greater than required in this chapter, then any new building shall conform substantially to this established alignment.
I.
Finished grades in developed neighborhoods.
(1)
Where a lot is situated between two lots, each of which is developed with a main building, then neither side line shall exceed the finished grade of the adjoining lot, and, further, the finished grade shall not be altered except to provide positive drainage to the street upon which the lot fronts. Where a lot adjoins one lot in a developed neighborhood which is developed with a main building, the finished grade of such lot may not be altered so as to cause surface water to drain onto the lot on which the building is located.
(2)
Where the owner of a lot in a developed neighborhood desires to establish a finished grade higher than the finished grades of adjoining developed lots on which main buildings have been erected, such grade and elevation increase may be made only with prior approval of the Borough Engineer based upon a grading plan submitted to the Borough Engineer by the lot owner showing that the proposed grade elevation will be maintained in such a way as to cause surface water to drain toward the street upon which the lot is located and will not impose additional stormwater burden on any adjoining lot. The expense of the review by the Borough Engineer shall be borne solely by the applicant. The grading plan provided for Borough Engineer review shall be prepared by a New Jersey licensed professional (surveyor, engineer, etc.) and shall include existing and proposed topographic information sufficient to demonstrate compliance with this chapter. After construction, the property owner shall provide written certification, by said New Jersey licensed professional, that the project was constructed in accordance with the approved grading plan. No certificate of occupancy shall be issued until said certification is received.
J.
Pending application for building permits. Nothing in this chapter shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which any building permit has been granted before the effective date of this chapter, provided that the building, structure or part thereof shall be completed and a certificate of occupancy issued within one year from the effective date of this revision.
K.
Questions concerning the exact location of district boundary lines. Questions concerning the exact location of district boundary lines shall be determined by the Board of Adjustment in accordance with rules and regulations which may be adopted by it as hereinafter provided.
L.
Setback requirements on lots on the turning circle of culs-de-sac. When any lot is situated on the turning circle of a cul-de-sac, a principal or accessory structure shall not be closer than 15 feet to the street line, but in no case shall it be closer than the prevailing setback line of the street if the same were to be fully extended across the turning circle of the cul-de-sac.
M.
Lagoon and tide-flowed lot areas. In calculating the required minimum area for any lot in any district or zone within the Borough of Barnegat Light, no land flowed by tidewater and no area of the lot in any lagoon shall be included in calculating minimum lot area, nor shall any lands flowed by tidewater or inundated by any lagoon be included in calculating any minimum lot depth or lot width. All building line setbacks shall be measured from the edge of any lands flowed by tidewater or the edge of any lagoon.
N.
Grandfather clause. All lots created by subdivision prior to the effective date of this revision[2] and having a minimum width of 45 feet at the street line or on the ocean or the bay and a minimum lot area of 5,000 feet, in single individual ownership with a deed vesting such ownership duly of record in the Ocean County Clerk's office in Toms River, New Jersey, on or before June 1, 1982, shall, for purposes of this chapter, be considered conforming lots. Any lot having a minimum lot area of 5,000 square feet and a minimum width of 45 feet at the street line or on the ocean or the bay which has been created by formal action of the Borough of Barnegat Light Planning Board shall, for a period of five years from the final approval granted by the Borough of Barnegat Light Planning Board, be considered to be a valid and conforming lot even though said lot shall not be in individual ownership as of June 1, 1982.
[2]
Editor's Note: "This revision" refers to Ord. No. 83-7, adopted November 10, 1983.
O.
Mapped wetlands. In calculating the required minimum area for any lot in any district or zone within the Borough of Barnegat Light, no land mapped by the State of New Jersey as wetlands pursuant to the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq., shall be included in the minimum lot area as required by this chapter, nor shall any lands so mapped be included in calculating the minimum lot depth or the minimum lot width as required by the terms of this chapter. All building line setbacks required by this chapter shall be measured from the edge of any mapped wetlands mapped pursuant to said Wetlands Act of 1970.