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Beach Haven City Zoning Code

§ 212-21

Permitted modifications and exceptions.

[Amended 4-9-1990 by Ord. No. 90-9]
A. 
Exception to area requirements. A single-family dwelling may be constructed in a district where permitted on any lot shown on a recorded subdivision plat or any lot of official record at the time of enactment of this chapter, the owner of which does not own any adjoining lot or adjacent land, provided that in the opinion of the Board of Adjustment the lot and proposed yard spaces satisfy as closely as possible the lot and yard requirements of this chapter for the district in which such lot is located. Where the owner of a substandard-size lot owns adjacent lots or parcels of land, such lots or parcels shall be considered as a single lot, and the area and yard space provisions of the chapter shall hold.
B. 
Exceptions to yard widths in the Historic District.
[Amended 3-11-2024 by Ord. No. 2024-2C]
(1) 
In order to maintain the integrity of the Historic District, as defined in § 41-2 of the Borough Code and as shown on the Zoning Map of the Borough of Beach Haven,[1] the following provisions shall be applicable to properties that are located within the Historic District:
(a) 
Front yards.
[1] 
Where a lot is situated between two lots, each of which is developed with a main building which has been so maintained since the enactment of this chapter, the minimum front yard requirement of such lot may be the average of the front yards of said existing buildings.
[2] 
Where a lot adjoins one lot developed as described above and a vacant lot, the minimum front yard requirement of such lot may be the average of the front yard of existing building and the established front setback line.
(b) 
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.
[1]
Editor's Note: The Zoning Map is on file in the Borough offices.
C. 
All multistory residential buildings, except for hotels and motels, shall contain a combined total habitable floor area equal to not more than 50% of the area of the lot on which such building is situated. The footprint of the building, inclusive of deck and garage, shall not exceed the maximum permitted lot coverage in the zone wherein the building is located.
[Added 6-12-2000 by Ord. No. 2000-12]
D. 
Exceptions to the height limits. Chimneys may be erected up to two feet above the height limits provided in this chapter.
[Added 4-8-2002 by Ord. No. 2002-4]
E. 
Chimneys; setbacks. Chimneys and fireplaces extending or protruding no more than 24 inches from the dwelling and no greater than six feet in width along the dwelling shall be permitted to encroach within the side yard and rear yard setback of the applicable zone and shall be considered coverage.
[Added 4-8-2002 by Ord. No. 2002-4]
F. 
New construction and existing homes may exceed the thirty-five-percent lot coverage by a maximum of 264 additional square feet for the construction of a detached garage, provided that:
[Added 4-14-2003 by Ord. No. 2003-4; amended 4-13-2015 by Ord. No. 2015-3C]
(1) 
The proposed detached garage does not exceed 264 square feet (12 feet by 22 feet) and 15 feet in height;
(2) 
The proposed detached garage shall be located in the rear or side yard;
(3) 
The proposed detached garage complies with all other zoning requirements, including, but not limited to, setback requirements;
(4) 
The proposed detached garage may be equipped with electricity but may not be equipped with plumbing, which shall be prohibited;
(5) 
There is no existing garage detached or attached to, or planned to be detached or attached to, the main residential structure on the property;
(6) 
The ground floor of the main residential structure does not exceed base flood elevation plus two feet;
(7) 
The detached garage has appropriate driveway access; and
(8) 
Accessory buildings as permitted by this section shall be limited to one.
G. 
Existing homes may exceed the thirty-five-percent lot coverage by an additional 21 square feet for the addition of a central air-conditioning compressor platform only. The compressor platform must be located at the rear of the home abutting the main building. Corner lots may place the platform on the side abutting the main building. Any compressor platform must comply with all other zoning rules, including side and rear yard setback requirements.
[Added 12-8-2008 by Ord. No. 2008-16; amended 8-10-2009 by Ord. No. 2009-24]
H. 
Inclusion of oceanfront land conveyed to the Borough of Beach Haven in calculating percentage of lot coverage. Where the owner of oceanfront land has conveyed to the Borough of Beach Haven that portion of such owner's land lying between the oceanfront bulkhead line established by the Borough of Beach Haven and the mean high waterline of the Atlantic Ocean, such conveyed lands may still be included in calculating lot coverage on the retained portion of the lands when calculating lot coverage restrictions pursuant to the Zoning Ordinance of the Borough of Beach Haven provided such reservation of rights is contained in the deed of conveyance.
[Added 6-8-2009 by Ord. No. 2009-11]
I. 
When any building, existing as of the effective date of this section, in the Borough of Beach Haven is raised to meet Federal Emergency Management Agency base flood elevation requirements, the building shall be allowed an additional 60 square feet to be utilized only for entryways and stairs, and such additional square feet shall not be considered lot coverage. Any such 60 square feet utilized for entry and stairs may intrude and encroach into required front, side and rear yards and shall not be considered in measuring the distance from front, side or rear lot lines in determining the depth of front, side or rear yards.
[Added 2-6-2013 by Ord. No. 2013-1C; amended 4-12-2021 by Ord. No. 2021-9C; 2-13-2023 by Ord. No. 2023-02C]
J. 
Electric meter platforms, projecting not more than four feet from the building exterior wall and no more than three feet wide and a maximum of 24 inches above grade, with two steps, shall not be considered lot coverage and may encroach into the front and side yard setbacks of the lot on which the platform is located.
[Added 7-14-2014 by Ord. No. 2014-8C]
K. 
Ductless systems for heat and air may encroach into side and/ or rear yard setbacks a maximum of 24 inches for existing homes only. Ductless units on new construction shall comply with current setbacks.
[Added 4-12-2021 by Ord. No. 2021-9C; amended 4-12-2021 by Ord. No. 2021-9C]