Belmar City Zoning Code
ARTICLE VII
Zoning Regulations
§ 40-7.1 Purpose.
[Ord. No. 1992-32 § 7.1]
The purpose of these provisions is to provide direction regarding the administration and application of development requirements and restrictions within the Borough's zone districts. Deviation from the standards of this section will only be permitted when a variance is granted pursuant to N.J.S.A. 40:55D-70.
§ 40-7.2 Provisions of Other Ordinances.
[Ord. No. 1992-32 § 7.2]
Any restrictions or requirements with respect to buildings or land, which appear in other ordinances of the Borough or are established by law and which are greater than those set forth herein, shall take precedence over the provisions of this Chapter.
§ 40-7.3 Nonconforming Uses, Buildings and Structures.
[Ord. No. 1992-32 § 7.3; Ord. No. 1994-40 § 1; Ord. No. 2000-18; Ord. No. 2012-17 § 3; Ord. No. 2014-17; Ord. No. 2017-14]
Except as otherwise provided in this Chapter the lawful use of the land or a building existing at the date of the adoption of this Chapter may be continued although such use or building does not conform to the regulations specified by this chapter for the zone in which such land or building is located; provided, however, that:
a.
No nonconforming lot shall be further reduced in size.
b.
No nonconforming building or structure shall be enlarged, extended or increased unless such enlargement is conforming.
c.
No nonconforming use may be expanded.
d.
Abandonment of Nonconforming Use. A nonconforming use shall be deemed to be abandoned where there is (1) an intention to abandon as well as (2) an external act (or omission to act) by which such intention is carried into effect.
It shall be prima facie evidence that a nonconforming use has been abandoned when there occurs a cessation of such use on the part of a tenant or owner for a continuous period of at least one year.
e.
Restoration of a Nonconforming Structure. Any nonconforming use and/or structure, inclusive of development on undersized lots, that has been destroyed, in total or in part, by reason of wind, fire, water incursion, exposure or other act of God, or public enemy may be restored or repaired, provided that reconstruction shall be limited to the extent of the previous nonconformity and upon approval by the Site Plan Advisory Board in accordance with Subsection 40-3.1o.
Nothing in this Chapter shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe by the Construction Official.
Nothing within this Chapter applicable to development within the MF-1 and MF-2 Zone(s) existing as of January of 2000, shall prevent the reconstruction of a nonconforming multi-family building of 10 units or more destroyed by reason of windstorm, fire, explosion or other Act of God, or public enemy, provided however that reconstruction shall be limited to the extent of the previous nonconformity and upon site plan approval by the Planning Board.
Appeal of relief granted. Any interested party may appeal to the Governing Body any final decision of the Site Plan Review Advisory Board approving an application for development under this subsection. The appeal should be made employing the procedures set forth within N.J.S.A. 40:55D-17.
f.
Certification of Pre-existing Nonconforming Uses, Buildings and Structures. Upon application, the Administrative Officer (Zoning Officer), or the Board of Adjustment may issue a certificate in accordance with Article 3, Subsection 40-3.4d3, certifying the legality of a pre-existing nonconforming use, building, or structure.
g.
Alterations, Additions and Nonconforming Lots.
1.
Alterations, as applied to a nonconforming building or structure, or to a two-family dwelling which was lawful prior to the adoption of this chapter shall be limited to maintenance, repair, or a change in interior or exterior appearance.
2.
A nonconforming building or structure may not be enlarged, extended, increased in height, width or depth; moved or relocated; or modified in such a way so as to increase the number of dwelling units or number of bedrooms; unless it is changed to conform to the requirements of this chapter.
3.
An existing single-family or two-family dwelling located on a nonconforming lot may be enlarged, extended, or added to, provided:
(a)
It is a permitted use within the zone district, and
(b)
At the time and since the adoption of the zoning ordinance making the lot nonconforming, the owner of the lot did not own any adjoining property, and
(c)
The enlargement, extension, addition or construction conforms to all yard setback requirements, coverage limitations, height limitations, and floor area ratio limitations.
4.
Accessory buildings or structures may not be constructed on nonconforming lots and/or on lots which contain a nonconforming principal building or structure unless:
(a)
At the time and since the adoption of the zoning ordinance making such lot nonconforming, the owner of the lot did not own any adjoining property.
(b)
The new accessory structure or building conforms to all requirements of this chapter for accessory buildings and uses.
(c)
The use is permitted within the zone district.
5.
Principal conforming residential structures with nonconforming accessory buildings or structures on the same lot may be altered, enlarged, extended or otherwise modified provided such alterations/modifications are in conformance with the provisions of this chapter.
h.
Prior Approved Construction. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a Building Permit has been hereto before issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire building shall be completed according to such plans as filed within one year from the date of the adoption of this chapter.
i.
District Changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the provisions of this chapter shall also apply to any nonconforming uses existing therein or created thereby.
§ 40-7.4 Corner Lots.
[Ord. No. 1992-32 § 7.4]
a.
On all corner lots, the depth of all yards abutting on streets, shall not be less than the minimum front yard depth required.
b.
Lot lines of corner lots, that are coexistent with side lines of abutting lots, shall be considered side lines.
c.
Lot lines of corner lots, that are coexistent with rear lines of adjoining lots, shall be considered rear lines.
d.
Lot lines of corner lots that are coexistent with lot lines of adjoining corner lots, shall be considered side lines.
f.
Each street frontage of a corner lot shall conform to the minimum required frontage for a corner lot in the applicable zone district as specified in the schedule of yard, area, and building requirements.
§ 40-7.5 Sight Triangle at Intersections.
[Ord. No. 1992-32 § 7.5]
Unless more stringent regulations are provided by other provisions of this chapter, at the intersection of two or more streets, no hedge, fence, screening strip or wall higher than 30 inches above curb level, nor any obstruction to vision, other than a post not exceeding one foot in diameter, shall be permitted on any lot within the triangular area formed by two intersecting street lines bounding said lot, or the projection of such lines, and by a line connecting a point, on each line located 25 feet from the intersection of the street lines.
§ 40-7.6 Frontage on Improved Street Required.
[Ord. No. 1992-32 § 7.6]
Every principal building shall be built upon a lot with frontage upon a public street improved to meet the municipal requirements or for which such improvement has been guaranteed by the posting of a performance guarantee pursuant to this chapter unless relief has been granted under the provisions of N.J.S.A. 40:55D-36.
§ 40-7.7 Yard Areas.
[Ord. No. 1992-32 § 7.7; Ord. No. 1993-54 § 1; Ord. No. 1994-11 § 1]
a.
No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter, shall be considered as providing a yard or open space for any other buildings, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
b.
All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which located except:
1.
Lots with frontage on more than one street, which are not corner lots, may have a front and rear yard designated by the owner subject to:
(a)
If the lot contains a principal structure, the front will be considered the direction the principal structure faces.
(b)
If the lot does not contain a principal structure and only one street frontage conforms to lot frontage requirements, the yard abutting the conforming street frontage will be considered the front yard.
2.
The designated rear yard of a lot with frontage on more than one street shall be considered a rear yard for the purposes of this chapter, except for the area within the depth of the required minimum front yard determined as follows:
3.
No dwelling in a residential zone shall be erected or altered so as to increase or decrease the pronounced uniformity of the street front alignment of the existing buildings or the uniformity of the existing front yards. For purposes of this subsection, the pronounced uniformity of the street front alignment shall be determined by reference to the setback of the principal buildings immediately adjacent to the property in question; provided, however, that where the principal buildings immediately adjacent to the property in question are not set back substantially the same distance from the street front, then the pronounced uniformity of the street front alignment shall be determined by reference to the prevailing setback of the principal buildings on the entire block between its intersecting or intercepting streets. In the event there are no existing buildings within the block, the prevailing setback of the principal buildings in the adjacent block(s) shall govern.
c.
Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projections allowed by the State Uniform Construction Code including, but not limited to, sills, belt courses, chimneys, flues, buttresses, ornamental features, and eaves, provided, however, that none of the aforesaid projections shall project into the minimum required yards more than 24 inches, unless otherwise permitted by this chapter.
§ 40-7.8 Accessory Buildings and Structures/Uses.
[Ord. No. 1992-32 § 7.8; Ord. No. 1994-20 § 7; Ord. No. 2000-15 § xxv; Ord. No. 2003-01; Ord. No. 2006-04 §§ i, ii; Ord. No. 2006-03 § IV; Ord. No. 2011-04 § 2; Ord. No. 2013-14; Ord. No. 2014-16]
Unless otherwise specified in this chapter on the Schedule of Zoning District Requirements, accessory buildings and structures shall conform to the following regulations as to their locations on the lot:
a.
Location of Accessory Buildings.
1.
An accessory building attached to a principal building shall comply in all respects with the zoning requirements for the principal building.
2.
Detached accessory buildings shall not be located in a front yard.
3.
Detached accessory buildings shall comply with the Schedule of Zoning District Requirements.
4.
Aboveground and in-ground swimming pools shall comply with setbacks established for detached structures and shall not be less than 10 feet from a principal building or a garage.
b.
No detached accessory garage building in any zone, shall be less than 10 feet from a principal building. In residential zones no vehicular access into a garage (i.e. garage door) shall be oriented towards a street unless the point of access into the garage is set back at least 20 feet from the street right-of-way line. As applicable to corner lots, access into a garage shall not face the street which serves as the primary access for the residence. Attached accessory garages which are adjacent to the primary entrance to a residential structure shall not make up more than 50% of the entire front facade of the residential structure.
c.
No accessory building shall be constructed before the principal building, except for aboveground and in-ground swimming pools constructed on an immediately adjacent property to the principal building provided that both share the same street frontage. Prior to completion of construction of the principal building all obsolete signs, stanchions, pylons and other such structures shall be removed.
d.
Accessory buildings must be located on the same lot as the principal use to which they are accessory.
e.
A driveway may cross a yard to give access to a site but shall otherwise adhere to the setback for an accessory structure and to any applicable buffer requirements.
f.
A deck, patio or similar structure designed to adjoin or as part of the principal building shall in all cases conform to the yard requirements for the principal building. Where the structure has no roof and is constructed of not more than six inches above grade, it shall adhere to the yard requirements for an accessory structure. Provided further that where a principal residential structure conforms to the rear yard setback requirement, an uncovered, unenclosed deck and associated access area adjoining the principal structure shall be permitted to encroach into the rear yard setback in accordance with the distance set forth in Table 40-7.8(f).
Table 40-7.8(f): Rear Yard Deck Projections in Residential Zones | |
|---|---|
Zone District | Permitted Deck Projection Into a Rear Yard Setback Area (Rear Yard Setback Requirement x 0.32) |
R-100 | 24 feet |
R-75 | 12.5 feet |
R-70 | 11 feet |
R-50 | 11 feet |
R-40 | 8 feet |
R-36 | 8 feet |
R-1-50 | 9.5 feet |
R-2-50 | 11 feet |
g.
Open balconies located above the first floor of hotels, motels and multi-family buildings may extend up to six feet into the setback line as established for the zone but may not extend beyond the property line. Such balconies shall be uniform in style and appearance.
h.
(Reserved)
§ 40-7.9 Porches.
[Ord. No. 1992-32 § 7.9; Ord. No. 2005-04 § iii]
a.
The following provisions shall apply to those porches within a front yard area where they were lawfully existing at the time of adoption of this Chapter.
1.
Any existing porch which encroaches no more than 10 feet into the front yard setback established in the district where the porch is located may be repaired or reconstructed provided that in no event shall the porch be permitted to be enlarged or permanently enclosed.
2.
No porch shall be enclosed with any permanent type of material, nor shall there be any construction between the roof and 36 inches above the floor of the porch except for columns or posts necessary to support the roof, and an open safety railing. The safety railing shall be 36 inches in height and shall present no more than a minimal obstruction to view between it and the roof.
3.
Temporary porch enclosures shall be permitted by either of the following methods:
(a)
By a portable storm vestibule not more than five feet in any horizontal dimension during the fall and winter months and open wire mesh removable screening during the spring and summer months; or
(b)
By a temporary enclosure of storm windows during the fall and winter months and open wire mesh removable screening during the spring and summer which shall consist of no less than 90% storm window or wire mesh removable screen between the roof and the floor. Pre-existing enclosed balustrades or other opaque material comprising a portion of the storm window/screen panels may not exceed 30 inches in height above the floor.
b.
A one-story open and unscreened porch providing entry to the first floor, not more than 10 feet in depth may project not more than eight feet into a conforming front yard provided the finished floor elevation of the porch is no greater than four feet above the average grade elevation at the perimeter of the porch. Porches may be constructed on nonconforming structures, provided such porches meet all requirements of this chapter.
c.
A one-story open and unscreened porch may have an open-air deck on top with a minimum of 50% non-solid - thirty-six-inch high safety railing provided:
§ 40-7.10 Nonapplicability to Underground Utilities and Essential Services.
[Ord. No. 1992-32 § 7.10]
The provisions of this chapter shall not apply to customary underground essential services as herein defined except that all facilities such as pumping stations, repeater stations, electric substations, and controlled environmental vaults, which require a building aboveground, or any other above-ground appurtenance of any type shall require approval as a conditional use in accordance with Article 6, Subsection 40-6.4.
§ 40-7.11 Contiguous Lot Ownership.
[Ord. No. 1992-32 § 7.11]
Where two or more lots, created by the filing of a map pursuant to the Map Filing Law prior to establishment of the Planning Board, have any contiguous lines and are in single ownership and one or more of the lots is nonconforming in any aspect, the lots involved shall be considered to be an undivided parcel for the purposes of this chapter and no portion of said parcel shall be conveyed or divided except through the filing of an approved subdivision in accordance with the provisions of this chapter.
§ 40-7.12 Height Limitations.
[Ord. No. 1992-32 § 7.12; Ord. No. 1994-54 § 4; Ord. No. 2000-15 §§ xxi, xxii; Ord. No. 2001-21 § 3; Ord. No. 2004-03 § 3; Ord. No. 2004-12 § iv; Ord. No. 2004-20 § 3; Ord. No. 2013-04 § 1]
a.
No structure shall extend higher than the limit provided in each zone for building height; provided however that for whose development is governed by Chapter 35, Flood Damage Prevention, the height limitations hereunder shall be the vertical distance of a structure measured from the corresponding base flood elevation reflected on the current FEMA (Federal Emergency Management Agency) Flood Insurance Rate Map (FIRM) or Advisory Base Flood Elevations and Advisory Flood Hazard Maps, whichever imposes the more stringent requirement.
b.
The height limitations created hereunder shall not apply to spires, belfries, cupolas, parapets, walls or cornices not used for human occupancy and extending not more than four feet above the building height limit.
c.
The height limitations of this chapter shall apply to chimneys, ventilators, skylights, HVAC equipment, stair towers, elevator towers, antennas attached to a building and similar appurtenances usually carried above roof level except:
1.
Such features may, subject to the limitations of this section, exceed the height limitations of this chapter if they do not exceed, in aggregate coverage, 10% of the roof area.
2.
In the CBD-1, CBD-2, B-C, MC-1 and MC-2 Zone districts, stair towers, elevator towers and antennas attached to buildings may exceed height limitations by 15 feet; chimneys, ventilators, skylights, HVAC equipment and other appurtenances may exceed height limitations by 10 feet; such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve and a parapet wall, cornice, or other visual barrier made up of architectural materials shall be installed for the purpose of preventing the view of such appurtenances by the general public.
3.
In the R-100, R-75, R-70, R-50, R-1-50, R-40, R-36, R-250, PO-75, PRD and MF-75 Zone districts, roof appurtenances may exceed height limitations by five feet.
d.
Flag poles may exceed the height limits created hereunder by not more than 15 feet.
§ 40-7.13 Riparian Grants.
[Ord. No. 1992-32 § 7.13]
Whenever a person acquires title to the land under water adjacent to his property by virtue of a riparian grant from the State of New Jersey, then the grant area shall automatically be zoned the same as the upland property adjacent to the grant, provided, however, that any part of this grant not filled, graded and stabilized pursuant to a valid construction permit, shall not be applicable to meeting the minimum lot area for the governing zone.
§ 40-7.14 Solid Waste and Recyclable Storage for Single- and Two-Family Homes.
[Ord. No. 1992-32 § 7.14]
Solid wastes and recyclables from single- and two-family homes, if stored outdoors, shall be placed in metal or plastic receptacles with tight fitting covers.
Such receptacles shall not be stored or placed within any front yard area prior to the time at which materials are permitted to be placed at the curb lines for collection. Such receptacles may be stored in either rear or side yard areas, but if stored within a side yard area, they shall be screened from view of adjoining properties and street areas with planting or fencing.
§ 40-7.15 Outdoor Storage of Materials.
[Ord. No. 1992-32 § 7.15]
No nonresidential use shall store materials of any kind outdoors in any district except in connection with the construction of a structure to be erected on the premises unless specifically permitted elsewhere in this chapter.
§ 40-7.16 Outdoor Display of Goods.
[Ord. No. 1992-32 § 7.16; Ord. No. 2011-14 §§ 1-3]
a.
Except during garage, estate or auction sales conducted pursuant to a permit issued by the Borough, no goods shall be displayed for sale in any residential zone district.
b.
Business uses, excluding motor vehicle sales, where permitted, shall not permanently display goods for sale outdoors except where the goods displayed are the merchandise of a business included within a structure located on the site and the display is in accordance with a site plan approved by the Municipal Agency or in accordance with the provisions of this chapter.
c.
Goods for sale shall not be displayed or stored outdoors except in accordance with a permit issued by the Code Enforcement Officer.
1.
Outdoor displays of goods shall be permitted at any time of year.
2.
No permits shall be issued unless sufficient display space exists to permit intrusion onto no more than three feet of Borough property/sidewalk. The display shall be confined to the width of the storefront without impeding ingress/egress from the store, shall be neat and orderly and shall not impede the passage of pedestrians nor create a traffic and/or safety hazard.
3.
Only merchandise which is normally sold or stocked by the occupant(s) on the subject premises shall be sold and/or promoted. Seasonal merchandise and produce that is related to, or customarily associated with, the normal business of the occupant(s) is also permitted.
4.
Outdoor displays of merchandise shall be permitted during normal business hours of the premises and all merchandise and display stands shall be removed from the sidewalks during non-business hours. Sales shall be conducted within the business structure located on the site.
5.
A written permit shall be issued to the applicant. Specific conditions to assure compliance with applicable codes, ordinances, and the standards in this section shall be attached to the permit; an applicant for permit under these provisions shall provide proof of insurance for indemnifying and holding the Borough harmless from any and all liability arising out of the conduct of the outdoor display. This subsection shall not apply to temporary sidewalk sales or other such sales approved by the Borough.
d.
Sidewalk sales may be permitted where the goods displayed are the merchandise of a business included within a structure located on the site. Such displays shall be in accordance with a permit issued by the Zoning Officer. No permit shall be issued unless sufficient display space exists to permit intrusion onto no more than three feet of Borough property/sidewalks etc. The displays shall be confined to the width of the storefront without impeding ingress/egress from the store, shall be neat and orderly, and shall not impede the passage of pedestrians nor create a traffic and safety hazard. Sales shall be conducted within the business structure located on the site; and an applicant for a permit under these provisions shall provide proof of insurance for indemnifying the Borough from liability arising out of the conduct of the outdoor display.
e.
Temporary outdoor sales of Christmas trees may be permitted beginning the day after Thanksgiving in November through the month of December in business zones and on developed sites which are occupied by non-profit or charitable groups.
f.
Application-Form. All permits required by this subsection shall be applied for and obtained from the Code Enforcement Office during normal business hours. Applications for such permits shall be in a form approved by the Borough Administrator and accompanied by permit fees and amounts established by this subsection.
g.
Fees Set by Resolution. The annual fee for permits associated with this subsection shall be set by resolution by the Mayor and Borough Council. No fees shall be pro-rated nor any part thereof refunded for any reason.
§ 40-7.17 Appearance of Dwellings with a Home Professional Office or Home Occupation.
[Ord. No. 1992-32 § 7.17]
a.
Within any residential district, no building with an existing nonconforming home professional office or home occupation shall be constructed or altered so as to be inharmonious with the residential character of adjacent structures.
b.
The types of construction not considered to be residential in character include, but are not limited to, store front type of construction, garage doors (larger than needed for passenger vehicles or light commercial vehicles), unfinished concrete blocks or cinder block wall surfaces, metal panels, elimination of porches and wall surfaces without doors and/or windows.
§ 40-7.18 Storage of Boats and Recreational Vehicles.
[Ord. No. 1992-32 § 7.18; Ord. No. 2000-15 §§ xxiii, xxiv; Ord. No. 2017-15]
a.
Boats or parts, section, pieces or appurtenances of boats shall not be placed or stored on any lot situated in a residential zone, except:
1.
No more than one boat, not longer than 26 feet, may be placed or stored on any lot.
2.
No boat may be placed or stored in a front or side yard unless such yard is adjacent to a navigable waterway.
3.
Any boat placed or stored on a lot must be the property of the resident owner or resident tenant of the lot.
4.
During the boating season (May 1 to November 1 of each year) small boats under 18 feet in length such as rowboats, canoes, kayaks, or dinghies, the propelling force of which is limited to oars, sails or paddles (not motor driven) may be parked or stored in the open upon any lot in a residential zone provided that they do not exceed in number the number of persons who are members of the family and who reside in the premises subject however to the above restrictions as to the portions of the lot upon which boats may be parked or stored.
b.
Boats or parts, sections, pieces or appurtenances of boats may not be placed or stored on any lot situated in the CBD-1, CBD-2, or B-C zone districts except in accordance with a site plan approved by the Municipal Agency or, for lots occupied by only residential uses, in accordance with Subsection 40-7.18a.
c.
Boats or parts, sections, pieces or appurtenances of boats may be placed or stored on any lot situated in the MC-1 and MC-2 zone districts, provided that:
1.
All boats or parts, sections, pieces or appurtenances of boats must be stored at least 10 feet from all property lines, except that no such setback shall be applicable along any property line that is adjacent to a navigable waterway.
2.
All racking or multi-level boat storage system must be located at least 10 feet from all property lines, except that no such setback shall be applicable along any property line that is adjacent to a navigable waterway.
3.
All boats or parts, sections, pieces or appurtenances of boats stored on any racking or multi-level boat storage system shall be securely affixed to said storage system in accordance with such system's manufacturer instructions and requirements.
4.
No racking or multi-level boat storage systems shall contain more than three levels upon which boats or parts, sections, pieces or appurtenances of boats may be stored.[1]
[1]
Editor's Note: Former Subsection c5, requiring fire suppression systems, which immediately followed this subsection, was repealed 9-17-2019 by Ord. No. 2019-31.
d.
Recreational vehicles or parts, sections, pieces or appurtenances of recreational vehicles shall not be parked overnight, stored or placed on any lot situated in a residential zone, except:
1.
Not more than one recreational vehicle may be parked overnight, stored or placed on any lot in a residential zone.
2.
In the R-100, R-75 and R-70 residential zones, a recreational vehicle may be parked overnight, stored or placed only in a rear yard no closer than 10 feet to any property line.
3.
On a riverfront property the parking and storing of a recreational vehicle shall not be permitted on property that abuts the river.
e.
Recreational vehicles or parts, sections, pieces or appurtenances of recreational vehicles may not be parked overnight, stored or placed on any lot in the CBD-1 or B-C zone districts except in accordance with a site plan approved by the Municipal Agency, or for lots occupied by only residential uses in accordance with Subsection 40-7.18d.
§ 40-7.19 Vehicle Storage.
[Ord. No. 1992-32 § 7.19; Ord. No. 2003-23]
Except as otherwise provided in this chapter, no motor vehicle having a rated maximum gross vehicle weight (GVW) in excess of 18,000 pounds or having more than two axles, shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site.
§ 40-7.20 Wetlands Permit.
[Ord. No. 1992-32 § 7.20]
No building, structure or use shall be permitted within areas defined as wetlands or wetlands transition areas by the New Jersey Wetlands Act of 1970 or the New Jersey Freshwater Wetlands Protection Act of 1987 except in accordance with a permit issued under the Act.
§ 40-7.21 Noncommercial Radio and Television Antennas.
[Ord. No. 1992-32 § 7.21]
a.
In residential zones, antenna structures as described in the three following subsections shall be permitted as accessory structures to a principal residential structure or permitted conditional use on the same lot. No such antenna structures may serve more than one residential lot unless the supporting structure conforms to the minimum regulations on the lot on which it is located and no connecting cables cross property other than that owned by the persons served by the antenna.
1.
Two conventional television and/or radio antenna structures attached to a building provided that they do not exceed the height limitations for the zone by more than five feet. Antenna structures operated by holders of a Federal Communications Commission Amateur Radio License may exceed the height limitations for the zone by 30 feet. Such antennas which exceed 15 feet above the point of attachment to the building shall be built to withstand winds of 80 miles per hour.
2.
One free-standing, noncommercial, mast or pole type radio and/or television antenna structure or one tower-type radio and/or television antenna structure provided that they shall only be placed in the rear yard area, shall be located no closer than 15 feet to any property line, and may exceed the height limitations for the zone by not more than five feet. Antenna structures operated by holders of a Federal Communications Commission Amateur Radio License may exceed the height limitations for the zone by 30 feet. Such structures over 20 feet in height shall be built to withstand winds of 80 miles per hour.
3.
One satellite dish antenna structure erected on a secure ground-mounted foundation provided that it shall only be placed in the rear yard, shall conform to the setbacks for a principal structure in the zone, and shall not exceed 16 feet in height or 12 feet in diameter. Any wires or connecting cables shall be buried underground unless the antenna is located immediately adjacent to and mounted no more than seven feet from the structure being served. Each such structure shall be screened by fencing, other structures and/or nondeciduous plantings of sufficient number and height to obstruct any clear view of the antenna from any adjacent conforming residential property, any residential zone, or any public street.
b.
In nonresidential zones, antenna structures as described in the three following subsections shall be permitted as accessory structures to a principal use, other than a residential use, on the same lot. No such antenna structures may serve more than one lot unless the supporting structure conforms to the minimum regulations on the lot on which it is located and no connecting cables cross property other than that owned by the persons served by the antenna.
1.
Conventional television and/or radio antenna structures attached to each building provided that no antenna structure shall exceed the height limitations for the zone by more than 15 feet. Such structures which exceed 15 feet above the point of attachment to the building shall be built to withstand winds of 80 miles per hour.
2.
Freestanding, conventional, non-commercial radio and television antenna structures provided that such antenna structures shall only be placed in the rear yard, shall adhere to setback and yard requirements for accessory structures in the particular zone but in no case shall be closer than 50 feet to any residential property line or zone boundary or closer than 15 feet to any other property line and shall not exceed the height limitations for the zone by more than 15 feet. Such structures over 20 feet in height shall be built to withstand winds of 80 miles per hour.
3.
Satellite Dish Antennas. Such antenna structures shall be erected on a secure ground-mounted foundation located in the rear yard or may be mounted on a flat roof provided that it is no higher than 15 feet above the roof line and is concealed from public view. No antenna structure shall exceed 12 feet in diameter. Ground-mounted antenna structures shall conform to the setbacks for a principal structure in the zone, shall not exceed 16 feet in height, and shall in no case be located closer than 50 feet to a residential property line or zone boundary. Wires or connecting cable for ground-mounted antenna shall be buried underground.
Each ground-mounted antenna shall be screened by fencing, other structures and/or non-deciduous plantings of sufficient number and height to obstruct any clear view of the structure from any adjacent conforming residential property, any residential zone or any public street.
c.
If the application of this section (particularly Subsections 40-7.21a3 and 40-7.21b3) would impose unreasonable limitations on, or prevent, reception of satellite delivered signals by receive-only antennas or impose costs on the users of such antennas that are excessive in light of the purchase and installation costs of the antenna and related equipment, the provisions of this section (except those not permitting any antenna of any type - e.g.; in a front yard) may be waived or modified by the Administrative Officer. The Administrative Officer, when considering a request to waive or modify the provisions of this section, shall consider an inability to receive 85% of the maximum number of satellite signals normally available in the area an unreasonable restriction and shall consider a requirement for screening costs which exceed the normal retail installed cost of the antenna and related equipment to be excessive.
§ 40-7.22 Performance Standards.
[Ord. No. 1992-32 § 7.22]
a.
As a condition of approval and the continuance of any use, occupancy of any structure, and operation of any process or equipment, the applicant shall supply evidence, satisfactory to the Municipal Agency, or to its designated representative, that the proposed use, structure, process, or equipment will conform fully with all of the applicable performance standards.
1.
As evidence of compliance, the Municipal Agency may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant.
2.
The Municipal Agency may require that specific types of equipment, machinery, or devices be installed, or that specific operating procedures or methods be followed if the government agencies or testing laboratories examining the proposed operation, shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required in order to assure compliance with the applicable performance standards.
3.
Permits and certificates required by other government agencies shall be submitted to the Municipal Agency as proof of compliance with applicable codes.
4.
If appropriate permits, tests and certifications are not or cannot be provided by the applicant, then the Municipal Agency or Administrative Officer (Zoning Officer) may require that instruments and/or other devices, or professional reports or laboratory analysis be used to determine compliance with the following performance standards for an existing or proposed use and the cost thereof shall be borne by the owner, applicant, or specific use in question.
5.
Conditional Permit. In the event a determination cannot be made at the time of application that a proposed use, process or piece of equipment will meet the standards established in this section, the Municipal Agency may issue or may recommend issuance of a conditional permit. The conditional permit would be based on submission of evidence that the proposed use, process or equipment will meet the standards established herein after completion or installation and operation. Within 30 days after a conditional permit is granted, a Certificate of Occupancy shall be applied for and satisfactory evidence shall be applied for and satisfactory evidence submitted that all standards established by this section have been met.
b.
Applicability and Enforcement of Performance Standards.
1.
Applicability:
(a)
Prior to construction and operation: Any Application for Development or Building Permit for a use which shall be subject to performance standards shall be accompanied by submissions, attachments, certifications as required by this section, and a sworn statement filed by the owner of the subject property or the operator of the proposed use that said use will be operated in accordance with the performance standards set forth herein.
(b)
For existing structures: Any existing structure or use which is after the effective date of this chapter, allowed to deteriorate or is modified so as to reduce its compliance with these standards will be deemed to be in noncompliance and to constitute a violation.
2.
Continued Compliance: Continued compliance with performance standards is required and shall be enforced by the Construction Official or Administrative Officer (Zoning Officer).
3.
Termination of Violation: All violations shall be terminated within 30 days of notice or shall be deemed a separate violation for each day following and subject to fines as set forth herein.
4.
Violation Inspection: Whenever, in the opinion of the Construction Official or Administrative Officer (Zoning Officer), there is a reasonable probability that any use or occupancy violates the regulations of this Article, they are hereby empowered to employ a qualified technician or technicians to perform investigations, measurements and analyses to determine whether or not the regulations of this section are being violated. In the event that a violation is found to exist, the violator shall be liable for the reasonable fees of the technicians employed to perform such investigations, measurements, and analyses.
c.
Performance Standards Established:
1.
Noise:
(a)
The definitions contained in the Noise Control Regulations of the New Jersey Department of Environmental Protection and Energy (N.J.A.C. 7:29-1.1 et seq.) are hereby incorporated by reference without being set forth in full with regard to this section.
(b)
No person shall cause, suffer, allow or permit, nor shall any application for development be approved which produces sound in excess of the standards listed below when measured at any location outside of the lot on which the use or source of sound is located:
(1)
Continuous airborne sound which has a sound level in excess of 50 dBA; or
(2)
Continuous airborne sound which has an octave band sound pressure level in decibels which exceeds the values listed below in one or more; or
Octave Band Center Frequency (Hz) | Octave Band Sound Pressure Level (dB) |
|---|---|
31.5 | 86 |
63 | 71 |
125 | 61 |
250 | 53 |
500 | 48 |
1000 | 45 |
2000 | 42 |
4000 | 40 |
8000 | 38 |
(3)
Impulsive sound in air which has an impulsive sound level in excess of 80 decibels.
(4)
The provisions of this section shall not apply to:
i.
Agriculture;
ii.
Bells, chimes or carillons while being used in conjunction with religious services;
iii.
Commercial motor vehicle operations;
iv.
Emergency energy release devices;
v.
Emergency work to provide electricity, water, or other public utilities when public health or safety are involved;
vi.
National Warning System (NAWAS) signals or devices used to warn the community of attack or imminent public danger such as flooding or explosion. These systems are controlled by the N.J. Civil Defense & Disaster Control Agency;
vii.
Noise of aircraft flight operations;
viii.
Public celebrations;
ix.
Public roadways;
x.
Stationary emergency signaling devices;
xi.
The unamplified human voice;
xii.
Use of explosive devices - These are regulated by the N.J. Department of Labor & Industry under the 1960 Explosive Act (N.J.S.A. 21:1A-1-27).
d.
Air Pollution: No substance shall be emitted into the atmosphere in quantities, which are injurious to human, plant or animal life or to property, or which will interfere unreasonably with the comfortable enjoyment of life and property anywhere in the municipality. All provisions of the New Jersey Air Pollution Control Regulations, as amended and as augmented and all the following provisions stated, whichever shall be more stringent, shall be complied with.
1.
Smoke: In any zone, no smoke, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart, shall be emitted into the open air from any incinerator or fuel burning equipment, provided, however, that smoke emitted during the cleaning of a fire box or the building of a new fire, the shade or appearance of which is no darker than No. 2 of the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 30 consecutive minutes.
2.
Solid Particles:
(b)
In any other zone, except in the case of industrial uses, the allowable discharge shall be 75% of the allowable emission permitted by the New Jersey Air Pollution Control Regulations.
(c)
In the case of industrial uses, the allowable discharge shall be the allowable emission permitted by the New Jersey Air Pollution Control Regulations.
(d)
No open burning shall be permitted in any zone.
(e)
All incinerators shall be approved by the State Department of Environmental Protection.
(f)
Any road, parking area, driveway, truck loading or unloading station, or any other exterior area having a substantial movement of vehicles or equipment shall be paved or otherwise stabilized during construction sufficient to prevent the generation of dust from the movement of such vehicles or equipment.
3.
Odors: In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected without instruments. Any process, which may involve the creation or emission of any odors, shall be provided with a secondary safeguard system, so that control will be maintained. Table 1 (Odor Thresholds in Air) in Part 1 (Odor Thresholds for 53 Commercial Chemicals) of "Research on Chemical Odors," copyrighted October, 1968, by the Manufacturing Chemists Association, Inc., Washington, D.C., shall be used as a guide in determining quantities of offensive odors.
4.
Liquid Waste: No liquid waste shall be discharged into any water course, storm drain or sewage collection and disposal system, nor into any ground sump, any well or percolation area, except in accordance with plans approved by the Municipal Engineer, and where required, by the New Jersey Department of Environmental Protection and Energy.
5.
Solid Waste: All uses in the municipality shall:
(a)
Assume full responsibility for adequate and regular collection and removal of all refuse, except if the municipality assumes the responsibility.
(b)
Comply with all applicable provisions of the Air Pollution Control Regulations.
(c)
Comply with all applicable regulations of the State Department of Health and the State Department of Environmental Protection and Energy.
(d)
Permit no accumulation on the property of any solid waste, junk, or other objectionable materials.
(e)
Not engage in any sanitary landfill operation on the property, except as may be permitted by other municipal codes and ordinances.
6.
Radiation: All use of materials, equipment or facilities, which are or may be sources of radiation, shall comply with all controls, standards and requirements of the U.S. Atomic Energy Act of 1965, as amended and any codes, rules or regulations promulgated under such Act, as well as the N.J. Radiation Protection Law, N.J.S.A. 26:2D et seq., as amended, whichever is more stringent.
7.
Fire and Explosion Hazards: All activities shall be carried on only in buildings classified as fireproof by the building code of the municipality, and as determined by the Fire Department. The operation shall be conducted in such a manner and with such precautions against fire and explosion hazards as to produce no explosion hazard, as determined by the New Jersey Bureau of Fire Safety, to a use on an adjacent property and must conform to the rules and regulations of the most recent adopted edition of the Uniform Fire Prevention Code.
8.
Vibration: There shall be no vibration which shall be discernible to the human sense of feeling beyond the boundaries of the lot on which the source is located. At no point on or beyond the boundary of any lot shall the maximum ground transmitted steady state or impact vibration caused by any use or activity (except those not directly under the control of the property user) exceed a particle velocity of zero point 0.10 inches per second for impact vibrations. Particle velocity is to be determined by the formula PV=6.28 FxD where PV is the particle velocity, inches-per-second; F is the vibration frequency, cycles-per-second; D is the maximum single amplitude displacement of the vibration in inches. For the purpose of measuring vibrations, a three-component measuring system shall be used. For the purpose of this chapter, steady state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than 100 per minute. Discrete impulses which do not exceed 100 per minute shall be considered impact vibrations.
9.
Electromagnetic Interference: There shall be no electromagnetic interference that:
10.
Heat: Every use and activity shall be so operated that it does not raise the ambient temperature more than 2° C. at or beyond the boundary of any lot line.
11.
Fire Resistant Construction: All new construction and additions shall be fire resistant construction in accordance with the requirements of the State Uniform Construction Code.
12.
Glare: There shall be no direct or sky-reflected glare exceeding 1 1/2 foot-candles measured at the boundaries of the lot on which the source is located. This regulation shall not apply to lights which are used solely for the illumination of entrances or exits or driveways leading to a parking lot. Any operation or activity producing intense glare shall be conducted so that direct and indirect illumination from the source of light shall not cause illumination in excess of zero point one footcandle in residential districts.
13.
Lighting and Illumination: Artificial lighting or illumination provided on any property or by any use shall adhere to the following standards:
(a)
The illumination provided by artificial lighting on the property shall not exceed 0.5 footcandles beyond any property line.
(b)
Spotlights or other types of artificial lighting, that provide a concentrated beam of light, shall be so directed that the beam of light does not extend beyond any property lines.
(c)
Spotlights or other types of artificial lighting used to illuminate signs or building faces shall not emit beams of light that extend beyond the vertical plane of the sign or building face that they illuminate and shall not be located in such a manner as to cause the beams of light to be reflected upon any adjoining property, public street or vehicular circulation area.
14.
Drainage: The stormwater or natural drainage which originates on the property or water generated by the activity, e.g. air conditioners, swimming pools, shall not be diverted across property lines unless transported by an approved or existing drainage system.
15.
Ventilation: No use shall destroy the natural ventilation of adjacent uses. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless set back from all property lines at least 10 feet or equipped with buffers to deflect the discharged air away from the adjacent use.
§ 40-7.23 Property Maintenance.
[Ord. No. 1992-32 § 7.23]
It is the intent of this section to assure that the public health, safety, and welfare is not impaired by the neglected maintenance of the buildings and property. It is further intended to assure that site improvements required by a Municipal Agency are properly maintained and operable. It shall be the Administrative Officer's (Zoning Officer) responsibility to enforce this section where property conditions pose a hazard to the public or where a property owner fails to maintain a required site improvement.
It shall be the responsibility of every property owner, tenant, developer and applicant to maintain in a safe and orderly condition, all buildings and land in the municipality which they own, use, occupy or have maintenance responsibility for in accordance with the following regulations.
a.
Maintenance of all land uses within the municipality shall include, but is not limited to, the following:
1.
Potholes and other pavement failures within paved parking areas shall be repaired on a regular basis, but in no event shall potholes or pavement failures be left unrepaired for a period in excess of 30 days. If such potholes or pavement failures are hazardous to vehicles, they shall be appropriately barricaded and marked to warn motorists.
2.
Paint striping, traffic control signs and markings, and all other signs and graphics shall be maintained in a condition whereby they can be clearly seen and are legible.
3.
Curbing, other pavement edging and sidewalks shall be maintained free of cracks and holes which would present a hazard to pedestrians.
4.
Unpaved or gravel parking and pedestrian areas shall be maintained and regularly regraded in a manner which will keep the area free of holes and other severe grade changes which would be hazardous to vehicular and pedestrian usage.
5.
All areas of the site shall be kept free of debris and other materials. All users of shopping carts or similar items shall provide for the regular pickup of such shopping carts or similar items from parking areas and other portions of the site at least once every hour during their business hours. All shopping carts or similar items shall either be stored indoors or in a location adjacent to the building specifically set aside for such storage during non-business hours.
6.
All plantings and ground cover shall be regularly watered and cut. All dead plant materials shall be removed or replaced (if such plantings are required under this Article, they shall be replaced only). All lawn or other non-paved areas shall be kept trimmed and free from weeds and other noxious growth.
7.
Building finishes shall be maintained reasonably free of peeling or cracked paint, rust or other unsightly conditions.
8.
All refuse stored outdoors shall be kept within containers having lids, in a manner that the refuse is not visible to pedestrians or persons within vehicles on or off the site. Such containers shall be stored only within side or rear yard areas and shall not be located to interfere with vehicular or pedestrian circulation.
9.
Appropriate areas shall be provided for the storage of recyclable materials. These areas shall be expanded or modified as necessary to meet the requirements of any change in occupancy. Such areas shall be within the structure or in side or rear yards and shall be properly screened. Provisions shall be made to store paper, cardboard and similar items out of the weather. Such areas shall be maintained in a clean, orderly and neat condition.
10.
All outdoor lighting shall be maintained in a working condition.
b.
All land uses for which development (site plan or subdivision) approval is granted subsequent to the adoption of this chapter or for which site plan or subdivision approval was previously granted under regulations heretofore in effect, shall be required to maintain all structures and improvements shown on the approved site plan or subdivision plan in a safe and orderly condition. In addition to the maintenance responsibilities specified above, additional maintenance responsibilities shall include, but are not limited to, the following:
1.
All ground cover and plantings within screening and landscaping areas shown on an approved site plan or subdivision shall be regularly maintained. When plant material shown on an approved site plan or subdivision dies, it shall be replaced within the first 30 days of the next planting season.
2.
Where a site plan specifies an outdoor refuse storage area, refuse shall only be stored outdoors in such areas. Refuse containers located elsewhere on the site shall not be permitted.
c.
Failure of the responsible property owner, tenant, developer and/or applicant to maintain property in accordance with the provisions of this section shall be in violation of this chapter subject to the penalties prescribed in this chapter.
§ 40-7.24 Signs.
[Ord. No. 1992-32 § 7.24; Ord. No. 1994-20 § 7; Ord. No. 2014-05; Ord. No. 2016-02]
All signs shall conform to the provisions of this section and to the applicable requirements of the New Jersey Uniform Construction Code.
a.
General Objectives.
1.
To protect the public health, safety and welfare by restricting signs which impair the public's ability to receive information, violate privacy, or which increase the probability of accidents by distracting attention or obstructing vision.
2.
To encourage signs which promote a desirable visual environment through creative yet orderly design arrangements.
3.
To encourage signs which aid orientation, identify activities, describe local history and character or serve other education purposes.
4.
To encourage the replacement of nonconforming signs by conforming signs through the strict enforcement of the procedures and requirements of this section.
b.
Application Procedures. Application for Development Permit.
1.
Application shall be made to the Administrative Officer (Zoning Officer) for the issuance of a Development Permit by any person wishing to erect, alter, modify, or expand any sign, except "Exempt Signs."
2.
If the Administrative Officer (Zoning Officer) determines that a sign requires the issuance of a Development Permit, is not part of an application for site plan, subdivision, conditional use, or variance approval, is permitted as an accessory structure within the zone and meets the applicable sign schedule requirements, the officer shall issue a Development Permit. The applicant may then apply for a sign construction permit and any other permits that may be required.
3.
If the Administrative Officer determines that the proposed sign is part of subdivision, site plan, or conditional use application or that it does not comply with applicable regulations, sign schedule requirements or other sign regulations, the officer shall instruct the applicant that approval of the appropriate land use board is required.
4.
Modification of existing signs requires reapplication.
c.
General Standards. The following general standards shall apply to all signs:
1.
Prohibited Signs.
(a)
Billboards.
(b)
No sign with illumination in a beam, beacon, strobe or flashing form resembling an emergency light shall be erected in any location.
(c)
No sign or sign structure shall obstruct a fire escape, door, window, or other required access way. No sign shall be attached to a standpipe or fire escape, except those signs required by the Municipal Authority.
(d)
No sign shall impede traffic safety. The Administrative Officer and/or the Municipal Agency may seek and rely upon the opinion of the Chief of Police with regard to interpretation/enforcement of this section.
(1)
No sign shall be maintained at any location where by reason of its position, size, shape, content or color, it may obstruct, impair, obscure, interfere with the view of, or be confused with, any traffic control sign, signal or device, or where it may interfere with, mislead or confuse traffic.
(2)
No sign which uses the words "Stop," "Look," "Caution," "Danger," or any similar wording, which may confuse or mislead the public, shall be permitted.
(3)
No sign, nor any part of a sign, shall obstruct a sight triangle required by Article 9 of this Chapter.
(e)
No sign or any part of a sign, except publicly owned or authorized signs, shall be placed in or extend into or over any public right-of-way.
(f)
No advertising flags, flutter flags, banners, pinwheels, portable signs, inflatables or similar advertising devices shall be permitted.
(g)
No animated or moving signs shall be permitted, except for the required movement of time and temperature displays, and for signs operated by the Borough.
(h)
No sign may be painted directly on the surface of any building, wall, fence or similar structure.
(i)
No sign may utilize reflection enhanced or fluorescent colors or contain any material which sparkles, reflects or glitters, however, nothing herein is intended to prohibit the use of reflective paint on signs directing traffic or identifying various locations within a property.
2.
Sign Standards.
(a)
Construction, Limitations, and Erection of Property Signs.
(1)
All signs shall be securely affixed in a permanent manner to either the ground or building, unless specifically stated otherwise in this section.
(2)
Every Projecting Sign, including the frames, braces and supports thereof, shall be designed by a structural engineer or manufacturer, and shall be approved by the Building Official as in compliance with the Building Code of the Borough of Belmar and by the Board of Fire Underwriters, as in compliance, and shall be constructed of incombustible material and be two faced.
(3)
If illuminated, any Projecting Sign reflectors shall be provided with the proper glass lenses concentrating the illumination upon the area of the sign and preventing glare upon the street or adjacent property; and no floodlight or spotlight shall be permitted on projecting signs.
(4)
The lettering or advertising designs to be illuminated may be composed of glass tubing or other transparent or semi-transparent incombustible material.
(5)
Any movable part of any Projecting Sign such as the cover of a service opening shall be securely fastened by chains or hinges.
(6)
Every Projecting Sign shall be placed at least 10 feet above the public sidewalk over which it is erected and a distance not greater than 18 inches from the face of the wall to which it is attached, measuring from the point of the sign nearest thereto, nor shall any sign or part thereof extend nearer the curb line than one foot. Every Projecting Sign erected over public driveways, alleys and thoroughfares shall be placed not less than 15 feet above the level of same.
(7)
No Projecting Sign shall be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No Projecting Sign shall be attached to a stand-pipe, fire escape or to any steel tower of any structure or building.
(8)
No Projecting Sign shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision; or at any location where by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device; or which makes use of the words "STOP," "LOOK," "DANGER" or any other word, phrase, symbol or character in such a manner as to interfere with or mislead or confuse traffic.
(9)
Projecting Signs shall be attached to walls with galvanized bolts at least 3/8 of an inch in diameter, shall be fixed in the wall by means of bolts extending through the wall, shall contain the proper size metal washer or plate on the inside of the wall, and shall be designed and constructed to withstand a wind pressure of not less than 40 pounds per square foot of area; and shall be constructed to receive dead loads as required in any ordinance or code which has been adopted by the Borough of Belmar. Suitable toggle bolts or lag bolts with shields may be substituted.
(10)
No Projecting Sign shall be secured with wire, strips of wood or nails.
3.
Illumination.
(a)
Unless specifically stated otherwise in a Resolution of Approval or in this subsection, all signs may only be illuminated in accordance with the performance standards found in this Article.
(b)
No sign shall contain blinking, flashing, flickering, tracer or sequential lighting and shall remain stationary and constant in intensity and color at all times, except at Christmas time.
(c)
All wiring for permanent illuminated signs shall be installed and maintained so that it is not within public view. The running of wiring or conduit along the exterior wall of a building to access a sign is specifically prohibited except that the Construction Official may permit exterior conduit if in the judgment of the Official there is no practical way to run the conduit so that it is not within public view.
(d)
No sign with red, green, yellow or blue illumination in a beam, beacon, strobe or flashing form resembling an emergency light shall be erected in any location.
4.
Temporary Signs.
(a)
Political Signs: provided that such signs are not more than 12 square feet in area if located in a nonresidential district or more than six square feet in area if located in a residential district; are limited to not more than one per lot; are located entirely on private property pursuant to the owner's consent; are erected not more than 45 days prior to such election; and are removed within seven days following such election. At no time may such signs be in the public right-of-way.
(b)
Real Estate Signs: temporarily advertising the sale, rental or lease of the premises; provided that such signs are limited to no more than one wall or ground sign per property; are not more than six square feet in area per residential lot; are no higher than six feet if a ground sign. Such signs shall be removed within 30 days after the termination or completion of the matter being advertised.
(c)
Portable "Sandwich Board" signs for display on sidewalks directly in front of the business advertised by the sign; provided there is no more than one such sign per business and does not impede the passage of pedestrians or create a traffic safety hazard.
§ 40-7.25 Fences, Hedges, Walls and Vision Clearances.
[Ord. No. 1992-32 § 7.25]
a.
No fence shall be erected of barbed wire, topped with metal spikes, or constructed of any material or in any manner which may be dangerous to persons or animals, except that fences permitted for commercial and industrial uses may be topped by a barbed wire protective barrier. No fence shall be electrically charged.
b.
Except as otherwise provided for in Subsection 40-7.5, on any lot in any direction, no hedge or fence shall be erected or altered so that the hedge or fence shall be over four feet in height in any front yard area. No fence shall exceed six feet in height in any yard unless otherwise provided. However, in the business and industrial zones, non-solid fences may be erected to a height not to exceed six feet for the protection of the business and industrial premises, provided the same shall not extend beyond the building line on any side facing the public street.
c.
All fences, unless otherwise provided herein, shall be symmetrical in appearance, posts separated by identical distances and fencing conforming to a definite pattern and size of uniform design and separation. The same shall be kept in good repair, regularly painted, good appearance and clean condition. The finished side of all fences and walls shall be constructed to face toward the adjacent property.
d.
Except as otherwise provided for in Subsection 40-7.5, corner clearances shall be maintained within that area bounded by the curb lines of the intersecting streets and a diagonal joining the points on each curb line distance 20 feet from the point of intersection, or in the case of a rounded corner, at a point of tangency. Within this area, no structure, wall, embankment, terrace, porch, piazza, fence, hedge, sign, vegetation or other obstruction other than shade trees trimmed to a distance of at least 10 feet above the curb line, shall be permitted above a height of two feet above the horizontal plane through the curb line.
e.
On park, recreation or school properties, open wire fences not exceeding eight feet in height may be erected in the rear or side yard areas and behind the building setback line.
f.
Fences specifically required or approved by the Municipal Agency or required by other provisions of this chapter or other municipal and State regulations.
g.
No fence shall be constructed or maintained nor shall any hedge be grown on the street side of the property closer than four feet from the public sidewalk bordering the premises. Such fences shall be of non-solid construction.
h.
Tennis court fences, baseball and softball backstops and spectator protective fencing are exempt from the requirements of this section provided they are not located within any required yard area. Located outside of any required yard area, they are subject to the height limitations of the particular zone district.
i.
Fences which are painted shall be painted in only one color, harmonious with the surrounding area. Multi-colored fences are prohibited.
j.
Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.
§ 40-7.26 Garages.
[Ord. No. 1992-32 § 7.26; Ord. No. 2000-15 § xxvi; Ord. No. 2004-12 § v; Ord. No. 2005-04 § vi; Ord. No. 2013-14 § 2]
a.
A private garage accessory to a principal building is permitted in any zone district.
b.
On any lot in any R-100, R-75, R-70, R-60, R-50, R-40, or R-36 zone, private garage space may be provided for not more than three motor vehicles.
c.
No detached accessory garage building in any zone, shall be less than 10 feet from a principal building. In residential zones, no vehicular access into a garage (i.e. garage door), whether attached or detached to the principal building shall be oriented towards a street unless the point of access into the garage is set back at least 20 feet from the street right-of-way line. As applicable to corner lots, access into a garage shall not face the street which serves as the primary access for the residents. Attached accessory garages which are adjacent to the primary entrance to a residential structure shall not make up more than 50% of the entire front facade of the residential structure.
§ 40-7.27 Soil Removal and Fill.
[Ord. No. 1992-32 § 7.27]
No fill in excess of 10 cubic yards shall be placed on any property within the Borough of Belmar, nor shall any soil be removed from any property within the Borough of Belmar without the prior approval of the Borough. Approval of a site plan or subdivision showing such filling or removal or approval of grading plan by the Construction Official and/or the Planning Board or Borough Engineer shall constitute such prior approval of the Borough.
§ 40-7.28 Residential Recreational Lighting.
[Ord. No. 1992-32 § 7.28]
No lighting of tennis courts or paddle tennis courts shall be permitted in any residential zone district.
§ 40-7.29 Relocation of a Building.
[Ord. No. 1992-32 § 7.29]
Prior to the moving and relocation of any building from the existing foundation to a site within the Borough of Belmar, the foundation at the proposed site shall have been completed. Work to secure the relocated building on the new foundation shall be pursued immediately and the building shall not be placed in any temporary location except during the twenty-four-hour period when the work of moving is done.
§ 40-7.30 Multi-Family Development.
[Ord. No. 1992-32 § 7.30]
For all multi-family residential developments, attached single family housing, or townhouses the following standards shall apply:
a.
Rear yards, for ground floor units, where provided, shall be screened to provide visual privacy.
b.
Easy access to outdoor space and parking from all residential units should be provided.
c.
The minimum distance between principal buildings shall be as follows:
d.
Courtyards. Courtyards bounded on three or more sides by wings of the same building shall have a minimum court width of two feet for each one foot in height of the tallest building or building wing.
e.
Garages and/or carports, when not attached to a principal building, shall be located no closer than 25 feet to a facing wall of a principal building containing windows, nor closer than 15 feet to a facing wall of a principal building which does not contain windows.
f.
A screened area or areas for storage of refuse and recyclables shall be located and arranged for ease of access and collection.
h.
Bedroom Mix. All rooms, exclusive of living rooms, dining rooms, kitchens and bathrooms, which contain 70 square feet or more of floor area, shall be considered bedrooms. If a dining room is not directly accessible from and adjacent to both the kitchen and living room, it shall also be considered a bedroom. No multi-family dwelling unit shall contain more than three bedrooms.
§ 40-7.31 Driveways.
[Ord. No. 2009-16 § I]
a.
All driveways which are constructed of stones, pebbles, gravel and like materials ("stones") shall have a border of wood, block, metal or similar material to prevent the stones from migrating off of the driveway. All driveways shall also comply with all other provisions of this Chapter relating to driveways, curb cuts, and driveway aprons, specifically, Subsection 40-8.4i.
b.
Each property shall have only one driveway and one curb cut, except for circular driveways as provided herein. Any driveway or curb cut not in use, including driveways and curb cuts in existence as of the effective date of this section*, shall be removed and in the case of a curb cut, the curb shall be reconstructed to the appropriate Borough standard.
c.
All driveways shall be setback a minimum of one foot from the property line. Driveways shall not be more than 10 feet wide, except at the driveway apron at the street which shall be no greater than provided by Borough regulations, and if the driveway terminates at a garage the driveway at a point no greater than 20 feet from the garage may flair out to accommodate the width of the garage door(s) plus two feet on each side of the driveway.
d.
Circular driveways are driveways which are generally semi-circular in shape and may create two curb cuts on a property. Any circular driveway existing as of the effective date of this section, may continue to exist, however any modification of said driveway which does not comply with this section and all other provisions of this Chapter relating to driveways, curb cuts, and driveway aprons, shall require variance relief from the appropriate land use board. A new circular driveway shall be permitted provided the following requirements, and all requirements for driveways, are met:[1]
1.
The property has a minimum frontage of 80 linear feet along the roadway frontage where the circular driveway is proposed.
2.
The distance from the roadway frontage where the circular driveway is proposed to point of the structure on the property closest to the roadway shall be a minimum of 60 feet.
3.
If the circular driveway has two curb cuts, both curb cuts shall be on the same frontage of the property and cannot create a through driveway where the driveway connects from one street, or frontage, to another.
4.
All driveways shall be set back a minimum of five feet from the property line.
[1]
Editor's Note: Ordinance No. 2009-10, codified herein, was adopted August 26, 2009.
§ 40-7.32.1 Definitions.
[Ord. No. 2011-04 § 1; Ord. No. 2017-18]
As used in this section, these terms shall have the following meanings:
a.
OUTDOOR DINING AREA – Shall mean a designated area on the premises of a retail food establishment or restaurant, but outside the principal building, and where patrons may sit at tables while consuming food and beverages ordered from and served by a waiter or waitress.
b.
OUTDOOR EATING AREA – Shall mean a designated area on the premises of a retail food establishment, but outside the principal building, and where patrons may sit at tables while consuming foods, soft drinks, ice cream, and similar confections purchased from the retail food establishment.
c.
SIDEWALK CAFE AREA – Shall mean a designated area of a public sidewalk where patrons may sit at tables while consuming food and beverages ordered from and served by a waiter or waitress.
§ 40-7.32.2 Permit Required.
[Ord. No. 2011-04 § 1; Ord. No. 2011-11; Ord. No. 2011-13; Ord. No. 2017-18; amended 6-25-2024 by Ord. No. 2024-10]
a.
Areas in which Outdoor Dining Areas, Outdoor Eating Areas and Sidewalk Cafes Areas, collectively referred to as "area" or "areas," are permitted:
1.
Outdoor Eating Areas, as defined in this section may be established as an accessory use to permitted restaurants and retail food establishments in the BC Zone and Seaport Village Redevelopment Area.
2.
Outdoor Dining Areas, as defined in this section may be established as an accessory use to permitted restaurants and retail food establishments in the BC, CB-1, MC-1 Zones and Seaport Village Redevelopment Area.
3.
Sidewalk Cafe Areas, as defined in this section, may be established as an accessory use to permitted restaurants in the CB-1, CB-2 Zones and Seaport Village Redevelopment Area zones.
b.
No person shall operate an Outdoor Dining Area, an Outdoor Eating Area or a Sidewalk Cafe unless a permit has been obtained from the Borough of Belmar.
c.
Applicants shall apply for permit approval in accordance with the provisions of this Chapter. All such applications shall be approved by the Zoning Officer and shall be referred to the Chief of Police and the Fire Code Official, who shall provide the Zoning Officer with written reports of their opinions and recommendations regarding the application.
d.
Applicants shall meet all general ordinance requirements and all other laws, rules, regulations and codes applicable to the proposed activity.
e.
Applicants proposing to establish an Outdoor Eating Area, Outdoor Dining Area or Sidewalk Cafe Area must provide satisfactory proof to the Zoning Officer of the following:
1.
Applicants proposing to establish an Outdoor Eating Area or Outdoor Dining Area in the BC Zone and/or Seaport Village Redevelopment Area must provide an architectural barrier such as floral arrangements, landscaping and/or decorative fencing designed to enclose the eating area and limit the ability of litter to blow off the premises. The Zoning Officer shall also require such architectural barriers to litter in any other locations or situations where the Zoning Officer determines that the litter would otherwise be likely to result from the accessory use. All other Outdoor Dining Areas and Sidewalk Cafe Areas shall be delineated by a decorative chain and bollards or other means approved by the Zoning Officer.
2.
An applicant proposing to establish an Outdoor Eating Area, Outdoor Dining Area or Sidewalk Cafe Area shall submit to the Zoning Officer a layout of the proposed seating areas, which shall include but not be limited to a depiction of all aisles, routes of ingress and egress; clearances between tables and between the seating area at the curb; the location of all food preparation and service areas; the landscape plan; location and description of all plumbing, electrical and other equipment and fixtures that will be utilized; an illustration, rendering and/or photograph of all proposed furniture, umbrellas, awnings, canopies, signage and other furniture proposed. Picnic style tables shall only be permitted at establishments located on Ocean Avenue.
3.
Physical design elements inclusive of but not limited to: architectural barriers, tables, seating, planters and litter containers placed within the Outdoor Eating Area, Outdoor Dining Area or Sidewalk Cafe Area shall conform to Section 8, Design Criteria, of the Seaport Redevelopment Plan.
(a)
Freestanding umbrella(s) and base(s) and/or devices to secure umbrella(s) shall be permitted within an Outdoor Eating Area, Outdoor Dining Area or Sidewalk Cafe subject to the following:
(1)
One umbrella shall be permitted for each table within the seating area.
(2)
Umbrella shall be adequately secured by a center base, arm base and/or otherwise adequately secured by a wind resistant structure.
(3)
The umbrella, when in an open position shall not overhang beyond the designated seating area; maximum height of the umbrella from base to finial shall not exceed nine feet.
(4)
Umbrellas placed within the seating area shall be uniform as to color and design to create a pleasant aesthetic affect and shall at all times be properly maintained in good working orders and aesthetic condition including but not limited to being clean and without tears.
(5)
Maximum graphic content of the umbrella shall not exceed 20% of the umbrella's exterior coverage; graphic content shall relate to the use of the property.
(6)
Graphic content on the umbrella shall conform to the requirements of 40-7.24, Schedule 40.7-1 and Zone District Requirements. If illuminated, umbrellas shall conform to the standards set forth within 40-7.24c4.
(b)
Canopies shall be permitted within an Outdoor Eating Area, Outdoor Dining Area or Sidewalk Cafe subject to the following:
(1)
The clearance from the sidewalk or other public thoroughfare to the lowest part of any canopy covering shall be the same as required in Code § 25-1.7(d) for retractable awnings.
(2)
All canopy frame components supported by the ground must be clearly visible to pedestrians and other passersby so as not to constitute a safety hazard and the Zoning Officer may require a decorative chain or other means to ensure visibility of frame components supported by the ground.
(3)
Graphic content on the canopy shall conform to the requirements of 40-7.24, Schedule 40.7-1 and Zone District Requirements. If illuminated, canopies shall conform to the standards set forth within 40-7.24c4.
(4)
From November 1st through March 1st, all canopies, including all frame components, shall either be removed and properly stored by the property owner, or the entire canopy, with covering, shall remain year-round.
(5)
Except for permitted construction or repair of a canopy, at no time shall property owners be permitted to remove the canopy covering and leave bare frame components visible.
4.
The Zoning Officer shall review each application to ensure that the proposed operation of the Outdoor Eating Area, Outdoor Dining Area or Sidewalk Cafe Area will not interfere with pedestrian or vehicular traffic. Six feet of unobstructed sidewalk should be provided with the exact width being determined by the Zoning Officer as he deems it to be appropriate to promote pedestrian or vehicular safety or the visual harmony of the neighborhood, however, in no event shall the unobstructed sidewalk be less than four feet.
5.
The Zoning Officer shall require each applicant to submit a litter control plan which shall include, but not be limited to, a description of the number and location of trash receptacles for the areas and the frequency with which the tables, surrounding area and adjacent public and private properties will be policed for litter. Failure to abide by an established litter control plan shall constitute a violation of the permit approval of which it was made a condition, and shall subject the applicant to a fine in an amount not less than $100 per violation.
6.
The Zoning Officer shall establish the hours of operation for each Outdoor Eating Area, Outdoor Dining Area or Sidewalk Cafe Area. In establishing the hours, the Zoning Officer shall take into consideration the nature of the restaurant or retail food establishment at issue, the character of the neighborhood adjacent to the premises, and the character and nature of other uses in the vicinity of the premises at varying times of day.
7.
BYOB privileges for wine or malt alcoholic beverages are allowed in Outdoor Dining Areas and Sidewalk Cafe Areas subject to N.J.S.A. 2C:33-7 and the restrictions in Belmar Code Subsection 17-7.8. The service of other alcoholic beverages in Outdoor Dining Areas and/or Sidewalk Cafe Areas is permitted only if the operator's liquor license specifically allows for such service.
8.
The seating contained in an Outdoor Eating Area, Outdoor Dining Area or Sidewalk Cafe Area shall not be counted in determining any parking space requirement for a retail food establishment or restaurant use.
9.
The permit granted pursuant to this section shall allow the use of the Outdoor Dining Areas, Outdoor Eating Areas and Sidewalk Cafe Areas at any time of year. However, the area must be properly maintained at all times including complying with the litter control plan, complying with all applicable laws, rules, regulations and codes, properly securing and/or removing tables, chairs and other items during times of inclement weather and high wind, further at no time shall chairs, tables or other items be stacked in the area.
10.
Applicants receiving permit approval for an Outdoor Eating Area, Outdoor Dining Area or Sidewalk Cafe Area may obtain a permit each year without further Zoning Officer approval to continue operations in the years subsequent to the initial approval, provided that the operations are not changed.
11.
Notwithstanding anything contained in this section, any use falling within the definitions of "Outdoor Eating Area," "Outdoor Dining Area" or "Sidewalk Cafe Area" that was in operation as of September 1, 1993 may continue without further approval by the Zoning Officer or be required to obtain a yearly permit as required herein; provided, however, permit approval in accordance with this section shall be required in the event (i) the premises are conveyed to a new owner; (ii) the use is expanded or substantially changed, or (iii) the owner of the premises makes any alteration or improvement to the property that would otherwise require either major or minor site plan approval. However, the business owner shall comply with regulations in § 40-7.32 et seq.
12.
Notwithstanding anything contained in this section, any Outdoor Eating Area, Outdoor Dining Area or Sidewalk Cafe Area that was approved by the Planning Board or Zoning Board of Adjustment prior to the effective date of this section, April 13, 2011, may continue without further approval by the Zoning Officer or be required to obtain a yearly permit as required herein; provided, however, permit approval in accordance with this section shall be required in the event (i) the premises are conveyed to a new owner; (ii) the use is expanded or substantially changed; or (iii) the owner of the premises makes any alteration or improvement to the property that would otherwise require either major or minor site plan approval. However, the business owner shall comply with the regulations in § 40-7.32 et seq. and in the Board's approval, whichever is less stringent as determined by the Zoning Officer.
13.
Applicant shall indemnify and save harmless the Borough of Belmar, its employees, agents or officers from all claims, losses, liens, expenses, suits and attorney fees (liabilities) arising from the placement, operation and maintenance of the applicant's Sidewalk Cafe/Outdoor Dining/Outdoor Eating Areas. Applicant agrees to name the Borough of Belmar as an additional insured under the applicant's general liability insurance (minimum required limit of $1,000,000, bodily injury, property damage and personal injury, and maintains such insurance for such time as the Sidewalk Cafe/Outdoor Dining/Outdoor Eating Area(s) exists. Owner shall provide the Zoning Officer with evidence of such insurance.
§ 40-7.32.3 Application - Form.
[Ord. No. 2011-04 § 1; Ord. No. 2017-18]
All permits required by this section shall be applied for and obtained from the Office of the Zoning Officer during normal business hours. Applications for such permits shall be in a form approved by the Borough Administrator and be accompanied by permit fees in the amounts established by this section and § 40-7.32.4.
§ 40-7.32.4 Fees Set by Resolution.
§ 40-7.32.5 Appeals.
[Ord. No. 2011-04 § 1; Ord. No. 2017-18]
The Zoning Board of Adjustment shall have the power to hear and decide appeals where it is alleged by the appellant that there is error in any requirement, decision or refusal made by the Zoning Officer in the enforcement of this section. Additionally, the Planning Board or Zoning Board of Adjustment, as appropriate, shall have the power to hear and request for a variance from the regulations and conditions of this section.
§ 40-7.33 Artificial Turf.
[Ord. No. 2017-10]
a.
Locations Prohibited. The installation of artificial turf is prohibited in the Central Business Districts (CBD-1 and CBD-2), Beachfront Commercial District (B-C), Marine Commercial Districts (MC-1 and MC-2), Public Use Overlay District (PB), Professional Office District (PO-75), and the Planned Residential Development (Age 55 and Older) District (PRD), except as may be allowed for designated sports fields on public property upon approval by the Borough's Governing Body.
b.
Locations Permitted. The installation of artificial turf is permitted on all properties containing single-family detached or single-family attached dwellings in the Single-Family Residential Districts (R), except that the installation of artificial turf is prohibited in any front yard in the Single-Family Residential Districts (R) and the installation of artificial turf is prohibited in any side yard that is visible from the public right-of-way or street in the Single-Family Residential Districts (R). The installation of artificial turf is permitted only in the rear yards and side yards that are not visible from the public right-of-way or street in the Single-Family Residential Districts (R), except as may be allowed for designated sports fields on public property upon approval by the Borough's Governing Body.
c.
Installation, Maintenance, and Replacement. The installation of artificial turf, as may be permitted under § 40-7.33b hereof, shall be governed by the following standards:
1.
Materials.
(a)
Artificial turf shall be of a type known as cut pile infill and shall be manufactured from polypropylene, polyethylene, or a blend of polypropylene and polyethylene fibers stitched onto a polypropylene or polyurethane meshed or hole-punched backing.
(b)
Hole-punched backings shall have holes spaced in a uniform grid pattern with spacing not exceeding four inches by six inches on center.
(c)
The use of indoor or outdoor carpeting in lieu of artificial turf, mulch, or other plant material is not permitted.
2.
Buffering. There shall be a buffer of a minimum of one foot between the edge of the artificial turf and any impervious surface. This buffer shall be living organic landscape, planted with any combination of live trees, shrubs, vines, groundcover, perennial or annual flowers, natural grass sod, and/or natural native grasses.
3.
Installation.
(a)
Sod or existing groundcover shall be removed prior to installation of any artificial turf.
(b)
Artificial turf shall be installed over a compacted and porous road base material that is a minimum of two inches deep.
(c)
Artificial turf shall be anchored at all edges and seams.
(d)
All artificial turf seams shall be glued and not sewn.
(e)
An infill medium consisting of clean washed sand and/or ground rubber, or other approved mixture shall be brushed into the fibers to ensure that the fibers remain in an upright position and to provide ballast that will help hold the turf in place and provide a cushioning effect.
4.
Slope Restrictions. Artificial turf shall not be installed on slopes greater than 6%.
5.
General Appearance. Artificial turf shall be installed and maintained to effectively simulate the appearance of a well-maintained lawn. The Borough shall maintain and make available for public inspection a list of various artificial turf products that meet this standard of appearance.
6.
Maintenance. General property maintenance requirements are specified in Chapter 26 of the Borough Code. In addition, the following maintenance activities are required for artificial turf:
(a)
Cleaning, sanitizing, brushing, and removal of debris, which shall be done with all biodegradable products.
(b)
Hand raking of worn turf areas on an as-needed basis.
(c)
Repairing of depressions to maintain an even visual surface.
(d)
Brushing back any loose infill that has been washed or moved off the turf.
(e)
Regular maintenance to eliminate any odors, flat or matted areas, weeds, looseness at edges, seams, or elsewhere.
(f)
Replacement of the artificial turf when maintenance or repair is unable to simulate a healthy living turf.
d.
Existing Installations. All installations of artificial turf on properties within the Borough existing as of the effective date of this subsection shall not be subject to the regulations contained in Subsections a, b, c2, c3 and c4 hereof, but shall be subject to the regulations contained in Subsections c1, c5 and c6 hereof.
§ 40-7.34 Affordable Housing Mandatory Set-Aside Requirement.
[Added 9-23-2025 by Ord. No. 2025-10]
a.
If the Borough, the Borough's Zoning Board of Adjustment, or the Borough's Planning Board permits the construction of multi-family or single-family attached residential development the Borough, the Borough's Zoning Board of Adjustment, or the Borough's Planning Board shall require that an appropriate percentage of the residential units be set aside for very low, low and moderate income households.
b.
This requirement shall apply, beginning with the effective date the ordinance creating this section was adopted,[1] to any multi-family or single-family attached residential development, including the residential portion of a mixed-use project, which consists of five or more new residential units, whether permitted by a zoning amendment, a variance granted by the Borough's Planning Board or the Borough's Zoning Board of Adjustment, or adoption of a Redevelopment Plan or amended Redevelopment Plan in areas in need of redevelopment or rehabilitation.
[1]
Editor's Note: The ordinance that created the section was adopted 9-23-2025.
c.
Nothing in this section precludes the Borough, the Borough's Zoning Board of Adjustment, or the Borough's Planning Board from imposing an affordable housing set-aside in a development not required to have a set-aside pursuant to this paragraph consistent with N.J.S.A. 52:27D-311h and other applicable law.
d.
For all inclusionary projects, the appropriate set-aside percentage shall be 20% or a minimum of one unit.
e.
This requirement does not create any entitlement for a property owner or applicant to a zoning amendment, variance, or adoption of a Redevelopment Plan or amended Redevelopment Plan in areas in need of redevelopment or rehabilitation, or for approval of any particular proposed project.
f.
This requirement does not apply to any sites or specific zones otherwise identified in the Borough's Settlement Agreement with Fair Share Housing Center in the DJ Action, or in the Borough's Housing Element and Fair Share Plan, for which density and set-aside standards shall be governed by the specific standards set forth therein.
g.
Furthermore, this section shall not apply to developments containing four or less dwelling units.
h.
All subdivision and site plan approvals of qualifying residential developments shall be conditioned upon compliance with the provisions of this section.
i.
Where a developer demolishes existing dwelling units and builds new dwelling units on the same site, the provisions of this section shall apply only if the net number of dwelling units is five or more.