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Belmar City Zoning Code

ARTICLE V

Zoning Districts

§ 40-5.1 Zoning Map and Schedule. [1]

[Ord. No. 1992-32 § 5.1; Ord. No. 2000-02; Ord. No. 2001-21 § 3; Ord. No. 2006-23 §§ 2, 3]
a. 
Establishment, Authentication, Maintenance, and Revision.
1. 
Zoning Map. The locations and boundaries of the districts of the Borough are hereby established as shown on the Zoning Map of the Borough of Belmar, New Jersey which is attached hereto and is hereby made a part of this chapter, together with all notations, references and designations shown thereon and dated and amended as follows:
2. 
Schedule of Zoning District Requirements. District regulations for zone districts within the Borough of Belmar are hereby established and are attached hereto and are hereby made a part of this chapter, together with all notations, references and designations shown thereon.[2]
[2]
Editor's Note: Schedules referred to herein can be found as an attachment to this chapter.
3. 
Schedule of Uses. Permitted uses within each zone district in the Borough of Belmar are hereby established and attached hereto and are hereby made a part of this chapter, together with all notations, references and designations shown thereon.
4. 
Authentication of Zoning Map. Subsequent to the adoption of this chapter, and any revisions to the Zoning Map, three copies of the Zoning Map shall be authenticated by the Mayor's signature, and the seal of the municipality, attested by the Borough Clerk, under the following certificate:
"I certify that this is the Official Zoning Map of the Borough of Belmar, New Jersey, referred to in the Ordinances of the Borough of Belmar, New Jersey."
5. 
Maintenance of the Zoning Map. Authenticated copies of the Zoning Map shall be maintained in the office of the Borough Clerk and Zoning Officer and shall be made available for public reference. Copies of all or a part of the Zoning Map may be reproduced for public distribution. One authenticated copy shall be forwarded to the Monmouth County Planning Board in accordance with N.J.S.A. 40:55D-16. However, the original copy of the Zoning Map maintained in the office of the Borough Clerk shall be the final authority as to the current status of zoning districts in the Borough of Belmar.
6. 
Revisions to the Zoning Map.
(a) 
When, in accordance with the provisions of this chapter and of State law, revisions are made in district boundaries or other matters portrayed in the Zoning Map, the Zoning Map shall be amended with an entry bearing the date of adoption, ordinance number, a brief description of the change(s).
(b) 
No changes of any nature shall be made to the Zoning Map except in conformity with the above procedure. Any unauthorized changes to the Map or its contents by any person or persons shall be considered a violation of this chapter.
b. 
Interpretation of District Boundaries.
1. 
Zone district boundaries are intended to follow street, lot or property lines, or other natural lines such as the center line of water courses, ditches or lagoons, unless such district or zone boundaries are fixed by dimension on the Zoning Map or by description, and shall include contiguous riparian lands subsequently acquired and/or filled, and lands acquired by the accretion or stream diversion by natural causes.
2. 
In constructing the Official Zoning Map, the following rules shall apply:
(a) 
Boundaries indicated as following the center lines of streets, highways or alleys or streams, rivers or other bodies of water shall be construed to follow such center lines.
(b) 
Boundaries indicated as approximately following plotted lot lines shall be construed as following such lot lines.
(c) 
Boundaries indicated as parallel to or extensions of features indicated in Subsections 40-5.1a through 40-5.1b above, shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the use of the scale appearing thereon.
(d) 
Where a zone boundary fixed by dimensions approximately follows and is not more than 20 feet distant from a lot line, such lot line shall be construed to be the zone boundary.
[1]
Editor's Note: Zoning maps may be purchased in the Belmar Municipal Building, Office of Construction.

§ 40-5.2 Description of Districts.

[Ord. No. 1992-32 § 5.2; Ord. No. 1994-54; Ord. No. 1996-10 § 1; Ord. No. 2000-15 §§ xii, xiii; Ord. No. 2001-21 § 1; Ord. No. 2004-02; Ord. No. 2004-12 § i; amended 9-23-2025 by Ord. No. 2025-11]
a. 
The Borough of Belmar is hereby divided into districts as follows:
R-100
Single-Family Residential Zone District
R-75
Single-Family Residential Zone District
R-70
Single-Family Residential Zone District
R-50
Single-Family Residential Zone District
R-40
Single-Family Residential Zone District
R-36
Single-Family Residential Zone District
R-1-50
Single-Family Residential Zone District
CBD-1
Central Business District
CBD-2
Central Business District
B-C
Beachfront Commercial District
MC-1
Marine Commercial District
MC-2
Marine Commercial District
PB
Public Use Overlay District
PO-75
Professional Office Zone District
PRD
Planned Residential Development (Age 55 and Older) District
MU-O
Mixed Use Overlay
b. 
The regulations set forth in this chapter for each district shall be minimum regulations and shall apply uniformly to each class of structure or land within the district, except as hereinafter provided.
c. 
No building or structure shall hereafter be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land or building or portion of a building or structure to be used, designed, or arranged to be used for any purpose unless in conformity with all of the regulations herein specified for the district in which it is located.
d. 
Every principal building shall be located on a lot as defined in this chapter, except for nonresidential development, no more than one principal building and its accessory buildings shall hereafter be erected on any one lot.
e. 
Yards or lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter.

§ 40-5.3 Permitted and Prohibited Uses.

[Ord. No. 1992-32 § 5.3; Ord. No. 1994-20 § 5; Ord. No. 1996-34 § 2; Ord. No. 2003-24; Ord. No. 2003-29]
a. 
Any use, except for essential services, which is not specifically listed as a permitted use, an accessory use or a conditional use shall be deemed a prohibited use.
b. 
Prohibited uses shall include but not be limited to the following:
1. 
All billboards, signboards, advertising signs and devices not expressly related to the business being conducted on the premises or otherwise specifically permitted by this chapter.
2. 
Roller coaster, ferris wheels, whirl-a-gig, midways or side shows, and similar outdoor commercial recreation uses.
3. 
Auction markets.
4. 
Trailer coach parks.
5. 
Junk yards, automobile wrecking yards or disassembly yards, or the storing of scrap metal, paper, rags, or other scrap material, except for recycling operations operated by or with the approval of the Borough.
6. 
Privately operated dumps for the disposal of garbage, trash, refuse, junk, or other such material.
7. 
Adult book stores.
8. 
Peep shows.
9. 
Massage parlors.
10. 
Explosive storage, except small arms ammunition, or by special permit, where explosives are to be used on the premises.
11. 
Pylon signs.
12. 
Incineration, reduction, storage or dumping of slaughterhouse refuse, rancid fats, garbage, or dead animals.
13. 
Kennels and veterinary hospitals.
14. 
Manufacturing plants.
15. 
The open storage in any yard of more than one unlicensed or inoperative motor vehicle; or the open storage in a front yard of any unlicensed or inoperative motor vehicle; or the open storage of new or used parts of any motor vehicle or trailer, or material which has been a part of any motor vehicle or trailer except where permitted as a conditional use in conjunction with a motor vehicle service station pursuant to Article 6, Subsection 40-6.5 of this chapter.
16. 
The overnight storage of any commercial vehicle in residential zones, except that one such vehicle having a gross weight of not more than 18,000 pounds may be stored in a side or rear yard provided such vehicle is owned by the resident.
17. 
Radio towers and antennas except as herein permitted.
18. 
Slaughtering and slaughterhouses.
19. 
Travel trailer parks, trailer parks, mobile home parks.
20. 
Any airport, landing field, landing strip, heliport, helistop, off-heliport landing site, sport parachuting center or any other facility used for the landing or take-off of any aircraft, either as a primary use or as a use accessory, auxiliary or incidental to any primary use.
21. 
The manufacture, transportation, storage or utilization of genetically engineered material.
22. 
Any use which emits excessive or objectionable amounts of dust, fumes, noise, odor, smoke, vibration, glare or waste products. See Performance Standards for details, Article 7, Subsection 40-7.22 of this chapter.
23. 
The use of any building or premises in such a manner that the health, morals, safety or welfare of the community may be endangered.
24. 
New and used car dealerships.
25. 
Restaurants, drive-in.
26. 
Tattoo businesses.
27. 
Gas stations and auto repair shops.
28. 
Pool and billiard halls.
29. 
Telemarketing or telesales.
30. 
Nightclubs.
31. 
Bars/taverns/pubs, except in the CD-1 Zone.
32. 
No use involving the sale of alcohol involving the on-premises consumption of alcohol shall be permitted in the Seaport Development Zone except for restaurants with liquor licenses as defined in the Development Regulations.
33. 
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.
[Added 8-3-2021 by Ord. No. 2021-20]

§ 40-5.4 Public Use Overlay District.

Within the public use overlay district such commercial and recreational facilities, municipal buildings, parks, playgrounds, and other municipal facilities as are deemed necessary and appropriate by the Borough Council are permitted.

§ 40-5.5 Planned Residential Development District (Aged 55 and Older in the CBD-2 District).

[Ord. No. 2004-02 § 1; Ord. No. 2004-20 § 1]
a. 
To provide for the creation of a planned residential development district for persons 55 years of age and older, as a conditional use within the CBD-2 zone located in the western portion of the Borough of Belmar along the Route 71 corridor, and a portion of the R-50 zone along the southern side of Fourteenth Avenue starting at a point intersecting with Route 71, designated PRD.
b. 
Regulations. The PRD district regulations shall require:
1. 
Minimum lot size: two acres;
2. 
Minimum lot frontage on Route 71: 680 feet and 275 feet along the southern side of Fourteenth Avenue, starting at a point intersecting with Route 71;
3. 
Minimum yard requirements: twenty-foot front yard setback, ten-foot side yard setback, twenty-five-foot rear yard setback;
4. 
Density: Maximum 11 dwelling units per acre;
5. 
Principal building height shall not exceed 35 feet and 2 1/2 stories;
6. 
Permitted structures shall be a single-family, two bedroom, 2 1/2 story "townhouse style" residential unit, developed as not less than two side-by-side residential clusters, nor more than four side-by-side residential clusters for housing of individuals 55 years of age and older;
7. 
Accessory building setback: five foot side yard, five-foot rear yard;
8. 
Accessory structures shall not exceed 10 feet in height and shall only be located in the side or rear yard in accordance with these district regulations;
9. 
Off-street parking: 2.3 parking stalls per dwelling unit, with a garage and driveway configuration conforming to the Residential Site Improvement Standards (RSIS) standards;
10. 
Maximum building coverage not to exceed 35%; maximum lot coverage impervious surface not to exceed 65%;
11. 
Age restriction housing for persons 55 years of age and older;
12. 
Landscaping design, lot lines adjacent to residential and commercial uses shall be buffered and conform to design standards of Subsection 40-8.4; provided, however, that a minimum twenty-foot buffer area from Route 71 shall be required;
13. 
Curb construction, sidewalk construction, street grade, intersections, pavement construction shall meet RSIS;
14. 
Fences, hedges, wall and vision clearances shall conform to design standards of Subsection 40-7.25;
15. 
Rear yard deck areas shall be permitted accessory structures, conforming to Subsection 40-7.8f, provided the same shall not encroach into the rear yard setback greater than eight feet;
16. 
Permitted principal uses shall be: single-family residential cluster dwellings, municipal services and facilities and public parks;
17. 
Permitted accessory uses shall be: noncommercial TV/radio antennas, exempt signs as set forth in Subsection 40-7.24d, tool sheds, fences, hedges, walls and private garages and essential services;
18. 
Required accessory uses shall be off-street residential parking, off-street guest parking areas and buffers;
19. 
Except as set forth hereinabove, the PRD shall meet the design and guideline standards for subdivision and site plans set forth at Article 8 of the Development Regulations.

§ 40-5.6 Floor Area Ratio, Maximum Lot Coverage and Building Coverage, Residential.

[Ord. No. 2006-03 § II]
The maximum permitted floor area ratio, maximum lot coverage (impervious surface) and maximum permitted building coverage for properties in residential zoning districts (i.e.: zones with an "R" prefix, such as R-40, R-50, etc.) are set forth in Schedule 40-5-1A.1, and shall apply on the basis of the size of the lot that is subject of the development application, and without regard to the residential zone in which it is located. In addition to these requirements, development shall also meet the design and guideline standards for subdivision and site plans set forth in Article 8 of the Development Regulations and all other applicable development regulations and municipal regulations and the regulations of other applicable governmental and quasi-governmental agencies.[1]
Setback and Shape Requirements
R-75 Zoning District
Interior Lots
Corner Lots
Minimum Lot Area
7,500 square feet
9,000 square feet
Minimum Frontage
50 feet
60 feet
Minimum Front Yard Setback
20 feet
20 feet
Minimum Side Yard Setback
5 feet
5 feet
Total 2 Side Yard Setbacks
15 feet
Minimum Rear Yard Setback
40 feet
40 feet
Minimum Diameter (Lot Shape)
30 feet
30 feet
[1]
Editor's Note: Schedule 40-5-1A.1 referred to herein may be found as attachments to this chapter.

§ 40-5.7 AH Affordable Housing (AH Zone).

[Added 6-17-2025 by Ord. No. 2025-12]
a. 
Purpose. The purpose of the AH Affordable Housing Zone is to provide for the development of an inclusionary development designed to assist the Borough in satisfying its affordable housing obligation through construction of affordable units set aside for low and moderate income households.
b. 
Permitted principal uses (land and building). One, four-story, multi-family residential building consisting of 12 residential units with a 20% set-aside for affordable housing units for a total of 10 market rate and two affordable residential units. The affordable units shall consist of one two-bedroom unit and one three-bedroom unit. The affordable units shall not be age-restricted and shall be deed restricted for a period of at least 30 years.
c. 
Permitted accessory uses.
1. 
23 off-street parking spaces.
2. 
Other uses that are customarily incidental to a permitted principal use.
3. 
Fences and walls erected, maintained or planted no greater than six feet above ground level within a side or rear yard, and no greater than four feet within a front yard and 50% open.
4. 
Decks, porches, balconies, and patios.
5. 
Residential amenities.
6. 
Bike racks.
7. 
Electric vehicle charging stations.
8. 
Solid waste and recycling area, set back at least five feet from any rear or side yard lot line.
9. 
Site lighting. The arrangement of exterior lighting shall adequately illuminate parking areas and prevent glare to adjoining residential areas.
10. 
Utilities, including HVAC units, transformers, emergency generators, and water boxes/vaults.
11. 
Temporary construction and/or sales trailers.
d. 
Area and bulk requirements.
1. 
Minimum lot area: 11,250 sq. ft.
2. 
Minimum lot frontage: 75 ft.
3. 
Minimum front yard setback: four ft. to balcony, five ft. to building.
4. 
Minimum side yard setback: 10 ft.
5. 
Combined side yard setback: 20 ft.
6. 
Minimum rear yard setback: 25 ft.
7. 
Minimum lot shape diameter: 55 ft.
8. 
Max building height: 45 ft./ four stories.
9. 
Maximum lot coverage: 85%.
10. 
Maximum building coverage: 60%.
11. 
Maximum FAR: two.
e. 
Off-street parking and loading requirements.
1. 
The number of spaces, and parking space dimensions, as required by New Jersey Residential Site Improvement Standards at N.J.A.C. 5:21-1.1 et seq. (RSIS) shall apply to all the residential units on-site.
2. 
A minimum of four parking spaces shall be made EV ready.
3. 
Parking spaces for the physically handicapped shall be at least 11 ft. wide and 18 ft. deep.
4. 
No loading zones shall be required.
f. 
Miscellaneous:
1. 
Development of the AH Zone is exempt from any other Borough standards conflicting with the standards established herein.
2. 
The AH Affordable Housing Zone is specifically exempt from the provisions of subsection 40-8.6 (Design Standards - Open Space and Recreation).
3. 
Any landscape plan provided as part of a site plan shall not be required to be certified by a licensed landscape architect as required by subsection 40-8.4b.
4. 
The AH Zone shall not require the buffer requirements as required by subsection 40-8.4e2(a).
g. 
Affordable housing.
1. 
The affordable units shall be non-age restricted units.
2. 
There shall be one two-bedroom affordable housing unit affordable to eligible to low income households and one three-bedroom affordable housing unit affordable to eligible to moderate income households, as defined as those households earning 50% or less of the regional median income for low income households and 80% or less of the regional income for moderate income households, pursuant to N.J.S.A. 52:27D-329.1.
3. 
Pursuant to the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1, et seq. ("UHAC"), the affordable units shall be subject to affordability controls of at least 30 years from the date of initial occupancy and affordable deed restrictions as provided for by UHAC, with the sole exception that very-low income shall be defined as at or below 30% of median income pursuant to the Fair Housing Act, and the affordability controls shall remain unless and until the Borough, in its sole discretion, takes action to extend or release the unit from such controls after at least 30 years. If the Borough acts to release the unit from such controls, affordability controls shall remain in effect until the date on which a unit shall become vacant due to the voluntary departure of the occupant household in accordance with N.J.A.C. 5:80-26.11(b).
4. 
The affordable units shall comply with the UHAC regulations with regards to the pricing of rents or sale prices associated with very-low income households at 30% or less of median income, pursuant to N.J.S.A. 52:27D-329.1.
5. 
The affordable unit shall be affirmatively marketed in accordance with the UHAC, pursuant to N.J.A.C. 5:80-26.15, and applicable law by an experienced administrative agent. The affirmative marketing shall include posting of the affordable unit in the New Jersey Housing Resource Center website in accordance with applicable law as well as written notice to the following community and regional organizations: Fair Share Housing Center (510 Park Boulevard, Cherry Hill, NJ 08002); the New Jersey State Conference of the NAACP; the Latino Action Network (P.O. Box 943, Freehold, NJ 07728); STEPS, OCEAN, Inc.; the Greater Red Bank, Asbury Park/Neptune, Bayshore, Greater Freehold, Greater Long Branch, and the Trenton branches of the NAACP; and the Supportive Housing Association.
h. 
Conflicting Standards and Exemptions. The standards set forth in the Affordable Housing Zone shall supersede any conflicting standards elsewhere in the Land Development Ordinance.

§ 40-5.8 Mixed Use Overlay (MU-O).

[Added 9-23-2025 by Ord. No. 2025-11]
a. 
Purpose. The purpose of the MU-O Zone is to allow for a combination of mixed uses along Main Street with frontage from 5th Avenue to 16th Avenue as indicated in the attached map,[1] including commercial, retail, and residential uses.
b. 
Permitted Principal Uses (Land and Building).
1. 
Mixed Use.
(a) 
Retail/commercial on ground level with residential units above; no residence on ground level; townhouse units are permitted in the rear of the mixed-use building. Any mixed-use development with five or more dwelling units requires a mandatory 20% set aside for affordable housing. All affordable housing units shall be two- or three-bedroom units.
(b) 
Essential services.
(c) 
Municipal facilities, public parking lots, public parks, and walkways deemed necessary and appropriate by the governing body.
2. 
Commercial (Business, Office, Retail).
(a) 
All non-residential uses permitted in the Seaport Redevelopment Plan.
c. 
Permitted Accessory Uses.
1. 
Off-street parking and loading facilities.
2. 
Signs, conforming to the provisions of the development regulations.
3. 
Fences and walls.
d. 
Conditional Uses. Other uses permitted upon site approval of the Planning Board:
1. 
Townhouse attached with individual connecting walls.
2. 
Bed-and-breakfast.
e. 
Area and bulk requirements:
Minimum Lot Area:
7,000 square feet
Minimum Lot Frontage:
50 feet
Minimum Lot Width:
50 feet
Minimum Lot Depth:
125 feet
Minimum Front Yard:
0 feet
Minimum Side Yard:
0 feet
Minimum Rear Yard:
0 feet
Maximum Building Height:
3.5 stories (42 feet) at the street line; 4 stories (48 feet) setback 12 feet from the street line
Maximum Lot Coverage:
80%
Buffer to existing Residential Use or Zone:
10 ft.
f. 
Off-street parking and Loading requirements:
1. 
All residential development shall comply with the Residential Site Improvement Standards for all residential development.
2. 
Non-residential use will not be required to have off-street parking.
g. 
Design Criteria: In accordance with the Design Guidelines set forth within the Seaport Redevelopment Plan.