Beach Haven City Zoning Code

§ 212-14 Use regulations

BD Business District.

[Amended 6-28-1982 by Ord. No. 82-6; 7-25-1983 by Ord. No. 83-16; 1-23-1984 by Ord. No. 84-2; 4-9-1984 by Ord. No. 84-10; 2-25-1985 by Ord. No. 85-2; 8-23-1993 by Ord. No. 93-23; 9-13-2004 by Ord. No. 2004-18; 10-11-2005 by Ord. No. 2005-23A; 4-13-2009 by Ord. No. 2009-9; 8-8-2011 by Ord. No. 2011-17C; 4-17-2012 by Ord. No. 2012-5C; 2-6-2013 by Ord. No. 2013-1C; 5-9-2016 by Ord. No. 2016-8C; 12-9-2019 by Ord. No. 2019-32C; 7-29-2021 by Ord. No. 2021-27C; 3-13-2023 by Ord. No. 2023-07C; 11-12-2024 by Ord. No. 2024-35C]

The following regulations shall apply to all BD Districts:

Principal uses and buildings permitted.

All uses permitted in the RC District, subject to the provisions regulating the same.

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.

Gasoline stations and public garages 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 Building Administrator 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,[1] as amended, and all applicable state and federal regulations.

Editor's Note: See Ch. 95, Fire Prevention.

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

The Planning Board or the Board of Adjustment of the Borough shall grant or deny such permit in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. and the Land Use Procedure Ordinance of the Borough of Beach Haven.[2]

Editor's Note: See Ch. 19, Land Use Administration.

Mixed uses consisting of the various permitted uses in this zone on the same property within one building subject to the provisions regulating same.

Prohibited uses, buildings and structures. The following buildings, structures and uses are specifically prohibited in the BD District:

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.

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.

Any type of business using jukeboxes or record players with external speakers to attract attention to the business being conducted within the premises.

Any business using sidewalk displays.

Trailers, trailer parks, dance halls and used car lots.

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.

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.

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.

Heliports, helistops, and landing facilities for aircraft of all kinds are prohibited.

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.

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.

Accessory uses permitted.

Off-street parking in conformance with the provisions of Subsection F of this section.

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.

Roll-off containers.

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.

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.

Area and yard requirements.

Principal building, minimum.

Lot area: 3,600 square feet.

Lot frontage: 40 feet.

Lot width: 40 feet.

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.

Rear yard: 25 feet.

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

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.

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.

The license referred to in Subsection A above is a mercantile license applied for and issued by the Borough of Beach Haven pursuant to the provisions of Chapter 120 of the Code of the Borough of Beach Haven.

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.

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.

Outdoor display.

(Reserved)

(Reserved)

(Reserved)

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.

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.

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.

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.

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.

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.

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.

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.

Signs.

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.

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.

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.

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.

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.

See § 212-16 of this chapter for additional regulations.

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 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.

Beach Haven City Zoning Code

§ 212-14 Use regulations

BD Business District.

[Amended 6-28-1982 by Ord. No. 82-6; 7-25-1983 by Ord. No. 83-16; 1-23-1984 by Ord. No. 84-2; 4-9-1984 by Ord. No. 84-10; 2-25-1985 by Ord. No. 85-2; 8-23-1993 by Ord. No. 93-23; 9-13-2004 by Ord. No. 2004-18; 10-11-2005 by Ord. No. 2005-23A; 4-13-2009 by Ord. No. 2009-9; 8-8-2011 by Ord. No. 2011-17C; 4-17-2012 by Ord. No. 2012-5C; 2-6-2013 by Ord. No. 2013-1C; 5-9-2016 by Ord. No. 2016-8C; 12-9-2019 by Ord. No. 2019-32C; 7-29-2021 by Ord. No. 2021-27C; 3-13-2023 by Ord. No. 2023-07C; 11-12-2024 by Ord. No. 2024-35C]

The following regulations shall apply to all BD Districts:

Principal uses and buildings permitted.

All uses permitted in the RC District, subject to the provisions regulating the same.

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.

Gasoline stations and public garages 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 Building Administrator 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,[1] as amended, and all applicable state and federal regulations.

Editor's Note: See Ch. 95, Fire Prevention.

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

The Planning Board or the Board of Adjustment of the Borough shall grant or deny such permit in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. and the Land Use Procedure Ordinance of the Borough of Beach Haven.[2]

Editor's Note: See Ch. 19, Land Use Administration.

Mixed uses consisting of the various permitted uses in this zone on the same property within one building subject to the provisions regulating same.

Prohibited uses, buildings and structures. The following buildings, structures and uses are specifically prohibited in the BD District:

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.

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.

Any type of business using jukeboxes or record players with external speakers to attract attention to the business being conducted within the premises.

Any business using sidewalk displays.

Trailers, trailer parks, dance halls and used car lots.

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.

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.

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.

Heliports, helistops, and landing facilities for aircraft of all kinds are prohibited.

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.

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.

Accessory uses permitted.

Off-street parking in conformance with the provisions of Subsection F of this section.

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.

Roll-off containers.

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.

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.

Area and yard requirements.

Principal building, minimum.

Lot area: 3,600 square feet.

Lot frontage: 40 feet.

Lot width: 40 feet.

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.

Rear yard: 25 feet.

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

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.

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.

The license referred to in Subsection A above is a mercantile license applied for and issued by the Borough of Beach Haven pursuant to the provisions of Chapter 120 of the Code of the Borough of Beach Haven.

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.

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.

Outdoor display.

(Reserved)

(Reserved)

(Reserved)

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.

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.

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.

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.

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.

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.

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.

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.

Signs.

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.

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.

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.

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.

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.

See § 212-16 of this chapter for additional regulations.

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 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.