Beach Haven City Zoning Code

§ 212-12 Use regulations

BD Business District.

[Amended 9-22-1997 by Ord. No. 97-16; 4-8-2002 by Ord. No. 2002-4; 7-29-2021 by Ord. No. 2021-27C; 11-12-2024 by Ord. No. 2024-35C; 10-14-2025 by Ord. No. 2025-22C]

Those regulations which pertain to the § 212-9 Single-Family Residential District shall also apply to the BD district except for single-family residence. The prohibition of single-family dwellings, in the Business District (BD Zone) is prospective from the effective date of Ordinance 2025-22C. to new residential construction replacing commercial uses. Any lot within the Business District with the use of a single-family dwelling at the time of the prohibition may continue the residential use of the property in compliance with the closest residential zone district requirements until the lot use is affirmatively changed to non-residential by the owner, e.g., a residential property totally destroyed by a storm may be rebuilt, and a residential structure may be demolished and later rebuilt as residential. However, a property whose use is affirmatively changed from residential cannot later return to residential without conditional approval by the Land Use Board.

*Refer to Schedule #1 for all area, yard and building setback requirements.[1]

Principal uses and buildings permitted.

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, taverns, luncheonettes, barbershops, beauty shops, clothes cleaning and laundry pickup establishments, banks, real estate offices, business or professional offices.

Apartments/residential, which may only be above commercial units which occupy at least the entire first floor, and which shall comply with the following:

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.

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.

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.

Conditional uses.

Gasoline stations and public garages, charging facilities and like technology may be permitted as conditional uses, provided that the following standards and conditions are complied with:

An application for conditional use approval, including a set of plans, specifications and plot plans, is submitted to the Land Use Board showing all structures, pumps, storage tanks, parking areas and driveways for ingress and egress.

All pumps shall be located outside buildings and on private property, and in no case within 20 feet of any street line.

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, as amended, and all applicable state and federal regulations.

Such use shall comply with the Fire Prevention Code of the Borough, as amended, and all applicable state and federal regulations.

The Land Use Board of the Borough shall grant or deny such permit in accordance with the provisions of N.J.S.A. 40:55D-67 and the Land Use Procedure Ordinance of the Borough of Beach Haven.

Dwelling, single-family new construction.

All Lots in this district that are converted from commercial to residential purposes must conform to the requirements set forth in Schedule #1 RA Single-Family Residential District.

The Land Use Board of the Borough shall grant or deny such permit in accordance with the provisions of N.J.S.A. 40:55D-67 and the Land Use Procedure Ordinance of the Borough of Beach Haven.

Prohibited uses, buildings and structures, any use not permitted under § 212-12A.

Accessory uses permitted.

Off-street parking in conformance with the provisions of in § 212-23 of this chapter.

Fences and walls.

Garages to house delivery trucks or other commercial vehicles.

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.

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.

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.

Area and yard requirements.

Principal building.

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.

Accessory building, minimum.

Distance to side line: 10 feet.

Distance to rear line: 10 feet.

Distance to other building: 20 feet.

Maximum lot coverage.

Building coverage of principal building: 75%.

Building coverage of accessory building(s): 20%.

Notwithstanding anything to the contrary in Schedule #1 of this section, the minimum lot area and minimum lot frontage in the BD District for those lots adjacent to or abutting Bay Avenue from Leeward Avenue to the southern boundary line of the Borough of Beach Haven shall be as follows:

Minimum lot area: 4,000 square feet.

Minimum lot frontage: 40 feet. All other requirements shall be the same as set forth above.

General requirements.

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.

Outdoor display of merchandise and products offered for sale or rent and the outdoor consumption of food offered for sale. Refer to § 120-16.

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.

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.

A minimum buffer area of 10 feet in width shall be provided along any common property line with a residential district or residential use.

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.

Bay Avenue, front facade frontage required.

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.

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.

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.

Minimum off-street loading.

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.

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.

Streetscape.

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.

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.

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.

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.

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.

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.

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 Crape 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.

Editor's Note: Said schedule is included as an attachment to this chapter.

Beach Haven City Zoning Code

§ 212-12 Use regulations

BD Business District.

[Amended 9-22-1997 by Ord. No. 97-16; 4-8-2002 by Ord. No. 2002-4; 7-29-2021 by Ord. No. 2021-27C; 11-12-2024 by Ord. No. 2024-35C; 10-14-2025 by Ord. No. 2025-22C]

Those regulations which pertain to the § 212-9 Single-Family Residential District shall also apply to the BD district except for single-family residence. The prohibition of single-family dwellings, in the Business District (BD Zone) is prospective from the effective date of Ordinance 2025-22C. to new residential construction replacing commercial uses. Any lot within the Business District with the use of a single-family dwelling at the time of the prohibition may continue the residential use of the property in compliance with the closest residential zone district requirements until the lot use is affirmatively changed to non-residential by the owner, e.g., a residential property totally destroyed by a storm may be rebuilt, and a residential structure may be demolished and later rebuilt as residential. However, a property whose use is affirmatively changed from residential cannot later return to residential without conditional approval by the Land Use Board.

*Refer to Schedule #1 for all area, yard and building setback requirements.[1]

Principal uses and buildings permitted.

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, taverns, luncheonettes, barbershops, beauty shops, clothes cleaning and laundry pickup establishments, banks, real estate offices, business or professional offices.

Apartments/residential, which may only be above commercial units which occupy at least the entire first floor, and which shall comply with the following:

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.

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.

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.

Conditional uses.

Gasoline stations and public garages, charging facilities and like technology may be permitted as conditional uses, provided that the following standards and conditions are complied with:

An application for conditional use approval, including a set of plans, specifications and plot plans, is submitted to the Land Use Board showing all structures, pumps, storage tanks, parking areas and driveways for ingress and egress.

All pumps shall be located outside buildings and on private property, and in no case within 20 feet of any street line.

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, as amended, and all applicable state and federal regulations.

Such use shall comply with the Fire Prevention Code of the Borough, as amended, and all applicable state and federal regulations.

The Land Use Board of the Borough shall grant or deny such permit in accordance with the provisions of N.J.S.A. 40:55D-67 and the Land Use Procedure Ordinance of the Borough of Beach Haven.

Dwelling, single-family new construction.

All Lots in this district that are converted from commercial to residential purposes must conform to the requirements set forth in Schedule #1 RA Single-Family Residential District.

The Land Use Board of the Borough shall grant or deny such permit in accordance with the provisions of N.J.S.A. 40:55D-67 and the Land Use Procedure Ordinance of the Borough of Beach Haven.

Prohibited uses, buildings and structures, any use not permitted under § 212-12A.

Accessory uses permitted.

Off-street parking in conformance with the provisions of in § 212-23 of this chapter.

Fences and walls.

Garages to house delivery trucks or other commercial vehicles.

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.

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.

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.

Area and yard requirements.

Principal building.

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.

Accessory building, minimum.

Distance to side line: 10 feet.

Distance to rear line: 10 feet.

Distance to other building: 20 feet.

Maximum lot coverage.

Building coverage of principal building: 75%.

Building coverage of accessory building(s): 20%.

Notwithstanding anything to the contrary in Schedule #1 of this section, the minimum lot area and minimum lot frontage in the BD District for those lots adjacent to or abutting Bay Avenue from Leeward Avenue to the southern boundary line of the Borough of Beach Haven shall be as follows:

Minimum lot area: 4,000 square feet.

Minimum lot frontage: 40 feet. All other requirements shall be the same as set forth above.

General requirements.

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.

Outdoor display of merchandise and products offered for sale or rent and the outdoor consumption of food offered for sale. Refer to § 120-16.

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.

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.

A minimum buffer area of 10 feet in width shall be provided along any common property line with a residential district or residential use.

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.

Bay Avenue, front facade frontage required.

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.

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.

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.

Minimum off-street loading.

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.

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.

Streetscape.

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.

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.

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.

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.

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.

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.

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 Crape 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.

Editor's Note: Said schedule is included as an attachment to this chapter.