Beach Haven City Zoning Code
§ 212-20
General regulations.
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.