Island Heights City Zoning Code

§ 32-4.4

Area and Bulk Regulations.

[1975 Code § 123-9; Ord. No. 78-1 § 1; Ord. No. 78-9 §§ 3-6; Ord. No. 80-12 § 1; Ord. No. 87-3 § 1; Ord. No. 90-03 § 4; Ord. No. 98-01 § 1; Ord. No. 2005-01 § 1; Ord. No. 2005-11 § 1; Ord. No. 2009-05 §§ 13-16]

In the Medium Density and Low Density Residential Districts, the Primary use permitted will be single-family dwellings as heretofore defined in section 32-1 and subsection 32-4.1a of this chapter.

In the Medium Density Residential District, the following provisions shall apply:

Lot Size. A residential lot shall have a minimum frontage of seventy-five (75') feet upon a street accepted by the municipality and shall have a depth of one hundred (100') feet and minimum area of seven thousand five hundred (7,500) square feet, except that any existing subdivided lots or parcels of land containing at least three thousand seven hundred fifty (3,750) square feet, having a frontage of fifty (50') feet on an accepted street and having a depth of seventy-five (75') feet, will not be a nonconforming use but will continue to be a residential lot.

Setbacks.

Principal buildings: twenty (20') feet.

Minimum front setback: twenty (20') feet.

Minimum rear setback: twenty (20') feet.

Minimum side setback: eight (8') feet. However, where the lot is located on a corner, the minimum side setback shall not be less than twenty (20') feet from the right-of-way.

Accessory buildings:

Use	Rear Setback	Side Setback
Swimming pool, above- and in-ground	10 feet	10 feet
Utility Sheds less than 100 SF	3 feet	3 feet
Accessory buildings more than 100 SF with exterior walls of one (1) hour fire rating	5 feet	5 feet
Accessory buildings more than 100 SF with exterior walls less than one (1) hour fire rating	8 feet	8 feet
Detached decks	8 feet	8 feet
Attached decks to principal	Setbacks to comply with those of principal building
Ground mounted dish antennas	8 feet	8 feet
Where the lot is located on a corner, the minimum side setback shall not be less than twenty (20') feet from the right-of-way.

Building Area. All structures subsequently erected in this district shall occupy not less than one thousand sixty (1,060) square feet including the area occupied by accessory use structures as defined in subsection 32-4.2 of this chapter.

Maximum Building Heights: thirty-five (35') feet. In any event, the building shall not contain more than two and one-half (2 1/2) usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade evaluation of the corners of the building.

If any structure existing as of the date of the adoption of this paragraph violates setback or height requirements and proposed new additions or alterations do not create new or extend or increase any existing zoning or setback violations, such additions or alterations shall be permitted to be made without the necessity of obtaining a variance, provided the following conditions are met:

The use shall be a conforming use in this zone; and

The lot shall conform to the area and yard requirements of this zone.

Any vertical or horizontal extension of a structure or a portion thereof in an area that is not in conformity with the present zoning ordinances, shall continue to be an expansion of a nonconforming structure and shall require approval by the Borough Land Use Board.

Maximum Lot Coverage.

For purposes of this chapter, the primary lot coverage in all residential districts shall be called structure coverage and shall consist of all building areas and permanent structure areas that exist at eighteen (18") inches or above, measured from the top of the curb at the midpoint of the front property line. On properties where there is no curb, the height of any building or structure shall be measured from the center line or crown of the road. The structure coverage of all building areas and structure areas on a property shall not exceed thirty-seven (37%) percent of the area of the lot.

There shall also be a secondary lot coverage that shall be called ground coverage and shall include all impervious material below eighteen (18) inches above the top of the curb at the midpoint of the front property line. On properties where there is no curb, the height of any building or structure shall be measured from the center line or crown of the road. Ground coverage shall include the combination of all walkways, driveways, patios, pavers, or similar structures at ground level or up to eighteen (18") inches above the curb level constructed of impervious materials such as concrete, asphalt, pavers, plastic, wood, fiberglass and similar impervious materials and may cover up to twenty (20%) percent of the lot area. Ground coverage shall not include the area occupied by any private in-ground swimming pool or in-ground hot tub. Where pavers are installed, an environmentally beneficial pavement design to reduce stormwater runoff through infiltration such as UNI Eco-Stone or similar products, shall be used. Waterproof grout or waterproof sand in conjunction with the installation of pavers shall be prohibited.

Property owners may choose to reduce the structure coverage to increase the ground coverage, but the total coverage shall not exceed fifty-seven (57%) nor shall the structure coverage exceed thirty-seven (37%) percent.

In the Low Density Residential District, the following provisions shall apply:

Lot Size. The minimum lot size shall be twenty thousand (20,000) square feet with a minimum frontage of one hundred twenty-five (125') feet upon a street accepted by the Municipality.

Setbacks.

Principal building.

Minimum front setback: thirty (30') feet.

Minimum rear setback: thirty (30') feet.

Minimum side setback: fifteen (15') feet. However, where the lot is located on a corner, the minimum side setback shall not be less than thirty (30) feet from the right-of-way.

Accessory buildings:

Use	Rear Setback	Side Setback
Swimming pool above- and in-ground	10 feet	10 feet
Accessory buildings more than 100 SF with exterior walls of one (1) hour fire rating	5 feet	5 feet
Accessory buildings more than 100 SF with exterior walls less than one (1) hour fire rating	8 feet	8 feet
Ground mounted dish antennas	8 feet	8 feet
Where the lot is located on a corner, the minimum side setback shall not be less than thirty (30') feet from the right-of-way.

Building Area. All structures subsequently erected in this district shall occupy not less than one thousand five hundred (1,500) square feet including the area occupied by accessory use structures as defined in subsection 32-4.2 of this chapter.

Maximum Building Height. Thirty-five (35') feet. In any event, the building shall not contain more than two and one-half (2 1/2) usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade evaluation of the corners of the building.

If any structure existing as of the date of the adoption of this paragraph violates setback or height requirements and proposed new additions or alterations do not create new or extend or increase any existing zoning or setback violations, such additions or alterations shall be permitted to be made without the necessity of obtaining a variance, provided the following conditions are met:

The use shall be a conforming use in this zone; and

The lot shall conform to the area and yard requirements of this zone.

Any vertical or horizontal extension of a structure or a portion thereof in an area that is not in conformity with the present zoning ordinances, shall continue to be an expansion of a nonconforming structure and shall require approval by the Borough Land Use Board.

Island Heights City Zoning Code

§ 32-4.4

Area and Bulk Regulations.

[1975 Code § 123-9; Ord. No. 78-1 § 1; Ord. No. 78-9 §§ 3-6; Ord. No. 80-12 § 1; Ord. No. 87-3 § 1; Ord. No. 90-03 § 4; Ord. No. 98-01 § 1; Ord. No. 2005-01 § 1; Ord. No. 2005-11 § 1; Ord. No. 2009-05 §§ 13-16]

In the Medium Density and Low Density Residential Districts, the Primary use permitted will be single-family dwellings as heretofore defined in section 32-1 and subsection 32-4.1a of this chapter.

In the Medium Density Residential District, the following provisions shall apply:

Lot Size. A residential lot shall have a minimum frontage of seventy-five (75') feet upon a street accepted by the municipality and shall have a depth of one hundred (100') feet and minimum area of seven thousand five hundred (7,500) square feet, except that any existing subdivided lots or parcels of land containing at least three thousand seven hundred fifty (3,750) square feet, having a frontage of fifty (50') feet on an accepted street and having a depth of seventy-five (75') feet, will not be a nonconforming use but will continue to be a residential lot.

Setbacks.

Principal buildings: twenty (20') feet.

Minimum front setback: twenty (20') feet.

Minimum rear setback: twenty (20') feet.

Minimum side setback: eight (8') feet. However, where the lot is located on a corner, the minimum side setback shall not be less than twenty (20') feet from the right-of-way.

Accessory buildings:

Use	Rear Setback	Side Setback
Swimming pool, above- and in-ground	10 feet	10 feet
Utility Sheds less than 100 SF	3 feet	3 feet
Accessory buildings more than 100 SF with exterior walls of one (1) hour fire rating	5 feet	5 feet
Accessory buildings more than 100 SF with exterior walls less than one (1) hour fire rating	8 feet	8 feet
Detached decks	8 feet	8 feet
Attached decks to principal	Setbacks to comply with those of principal building
Ground mounted dish antennas	8 feet	8 feet
Where the lot is located on a corner, the minimum side setback shall not be less than twenty (20') feet from the right-of-way.

Building Area. All structures subsequently erected in this district shall occupy not less than one thousand sixty (1,060) square feet including the area occupied by accessory use structures as defined in subsection 32-4.2 of this chapter.

Maximum Building Heights: thirty-five (35') feet. In any event, the building shall not contain more than two and one-half (2 1/2) usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade evaluation of the corners of the building.

If any structure existing as of the date of the adoption of this paragraph violates setback or height requirements and proposed new additions or alterations do not create new or extend or increase any existing zoning or setback violations, such additions or alterations shall be permitted to be made without the necessity of obtaining a variance, provided the following conditions are met:

The use shall be a conforming use in this zone; and

The lot shall conform to the area and yard requirements of this zone.

Any vertical or horizontal extension of a structure or a portion thereof in an area that is not in conformity with the present zoning ordinances, shall continue to be an expansion of a nonconforming structure and shall require approval by the Borough Land Use Board.

Maximum Lot Coverage.

For purposes of this chapter, the primary lot coverage in all residential districts shall be called structure coverage and shall consist of all building areas and permanent structure areas that exist at eighteen (18") inches or above, measured from the top of the curb at the midpoint of the front property line. On properties where there is no curb, the height of any building or structure shall be measured from the center line or crown of the road. The structure coverage of all building areas and structure areas on a property shall not exceed thirty-seven (37%) percent of the area of the lot.

There shall also be a secondary lot coverage that shall be called ground coverage and shall include all impervious material below eighteen (18) inches above the top of the curb at the midpoint of the front property line. On properties where there is no curb, the height of any building or structure shall be measured from the center line or crown of the road. Ground coverage shall include the combination of all walkways, driveways, patios, pavers, or similar structures at ground level or up to eighteen (18") inches above the curb level constructed of impervious materials such as concrete, asphalt, pavers, plastic, wood, fiberglass and similar impervious materials and may cover up to twenty (20%) percent of the lot area. Ground coverage shall not include the area occupied by any private in-ground swimming pool or in-ground hot tub. Where pavers are installed, an environmentally beneficial pavement design to reduce stormwater runoff through infiltration such as UNI Eco-Stone or similar products, shall be used. Waterproof grout or waterproof sand in conjunction with the installation of pavers shall be prohibited.

Property owners may choose to reduce the structure coverage to increase the ground coverage, but the total coverage shall not exceed fifty-seven (57%) nor shall the structure coverage exceed thirty-seven (37%) percent.

In the Low Density Residential District, the following provisions shall apply:

Lot Size. The minimum lot size shall be twenty thousand (20,000) square feet with a minimum frontage of one hundred twenty-five (125') feet upon a street accepted by the Municipality.

Setbacks.

Principal building.

Minimum front setback: thirty (30') feet.

Minimum rear setback: thirty (30') feet.

Minimum side setback: fifteen (15') feet. However, where the lot is located on a corner, the minimum side setback shall not be less than thirty (30) feet from the right-of-way.

Accessory buildings:

Use	Rear Setback	Side Setback
Swimming pool above- and in-ground	10 feet	10 feet
Accessory buildings more than 100 SF with exterior walls of one (1) hour fire rating	5 feet	5 feet
Accessory buildings more than 100 SF with exterior walls less than one (1) hour fire rating	8 feet	8 feet
Ground mounted dish antennas	8 feet	8 feet
Where the lot is located on a corner, the minimum side setback shall not be less than thirty (30') feet from the right-of-way.

Building Area. All structures subsequently erected in this district shall occupy not less than one thousand five hundred (1,500) square feet including the area occupied by accessory use structures as defined in subsection 32-4.2 of this chapter.

Maximum Building Height. Thirty-five (35') feet. In any event, the building shall not contain more than two and one-half (2 1/2) usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade evaluation of the corners of the building.

If any structure existing as of the date of the adoption of this paragraph violates setback or height requirements and proposed new additions or alterations do not create new or extend or increase any existing zoning or setback violations, such additions or alterations shall be permitted to be made without the necessity of obtaining a variance, provided the following conditions are met:

The use shall be a conforming use in this zone; and

The lot shall conform to the area and yard requirements of this zone.

Any vertical or horizontal extension of a structure or a portion thereof in an area that is not in conformity with the present zoning ordinances, shall continue to be an expansion of a nonconforming structure and shall require approval by the Borough Land Use Board.