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Island Heights City Zoning Code

§ 32-5.1

Permitted Uses, Area and Bulk Requirements.

[1975 Code § 123-10; Ord. No. 78-1 § 1; Ord. No. 90-03 § 4; Ord. No. 98-10 § 1; Ord. No. 2009-05 §§ 17-23; amended 9-12-2023 by Ord. No. 2023-10]
The permitted uses in the commercial districts shall be as described below:
a. 
General Commercial Zone.
1. 
In the General Commercial Zone no premises shall be used and no structure shall be erected, altered, or occupied for any purpose except the following and shall be further limited to those uses which are clearly of a scale and nature designed primarily to serve adjacent residential areas.
2. 
Permitted Uses.
(a) 
The retail sales of goods which may include the following:
(1) 
Hardware, plumbing supplies and electrical supplies.
(2) 
Boat supplies and automobile supplies.
(3) 
Furniture and appliance stores.
(b) 
Personal service establishments including the following:
(1) 
Appliance repair shops.
(2) 
Radio and television repair shops.
(c) 
Limited manufacturing as defined in Section 32-1 of these ordinances.
(d) 
The warehousing and storage of goods and products, excluding the warehousing or storage of hazardous chemicals.
(e) 
Wholesaling or distributing establishments, except for used automobiles.
(f) 
Scientific or research laboratories.
(g) 
Executive or administrative offices of an industrial or business concern which are not normally involved in conducting business with the general public.
(h) 
Federal, State, County and municipal buildings and grounds.
(i) 
Essential services.
(j) 
Public utilities.
(k) 
Veterinary clinics or hospitals or animal care facilities.
(l) 
Farmers' markets.
(m) 
Automobile Maintenance and Repair Facilities including but not limited to:
(1) 
Automobile engine maintenance,
(2) 
Automobile suspension and tire service,
(3) 
Automobile body repair and replacement.
3. 
Required Accessory Uses.
(a) 
Off-street loading subject to the provisions of subsection 30-1.6.
(b) 
Off-street parking subject to the provisions of subsection 30-1.7.
(c) 
Solid waste storage subject to the provisions of subsection 30-1.8.
4. 
Permitted Accessory Uses.
(a) 
Fences subject to the provisions of Section 32-8.
(b) 
Signs subject to the provisions of Section 32-9.
(c) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
5. 
Area, Yard and Building Requirements.
(a) 
Minimum lot area: ten thousand (10,000) square feet.
(b) 
Minimum lot width: seventy-five (75') feet.
(c) 
Minimum lot frontage: seventy-five (75') feet.
(d) 
Minimum lot depth: one hundred (100') feet.
(e) 
Minimum front setback: thirty-five (35') feet.
(f) 
Minimum rear yard setback for principal and accessory buildings: twenty-five (25') feet.
(g) 
Minimum side yard setbacks:
(1) 
Principal buildings: fifteen (15') feet.
(2) 
Accessory buildings: ten (10') feet.
(h) 
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 elevation of the corners of the building.
(i) 
Maximum lot coverage: twenty-five (25%) percent.
(j) 
Minimum unoccupied open space: twenty (20%) percent.
(k) 
Accessory buildings:
Use
Rear Setback
Side Setback
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 building
Setbacks to comply with those of principal building
b. 
Downtown Business Zone.
1. 
In the Downtown Business Zone no premises shall be used and no structure shall be erected, altered, or occupied for any purpose except the following and shall be further limited to those uses which are clearly of a scale and nature designed primarily to serve adjacent residential areas.
2. 
Permitted Uses.
(a) 
The retail sales of goods which may include the following:
(1) 
Grocery stores and food markets.
(2) 
Drug and pharmaceutical stores.
(3) 
Dry goods stores.
(4) 
Meat and poultry stores.
(5) 
Baked goods stores.
(6) 
Flower shops.
(7) 
Confectionery stores.
(8) 
Household supplies stores.
(9) 
Stationery supplies, tobacco and periodical stores.
(10) 
Haberdashery, dress goods and notions.
(11) 
Shops of artisans and craftsmen.
(12) 
Furniture and appliance stores.
(13) 
Gift shops.
(b) 
Personal service establishments may include the following:
(1) 
Barbershops and beauty shops.
(2) 
Tailoring and dressmaking shops.
(3) 
Dry cleaning and laundry collection shops.
(4) 
Shoe repair shops.
(5) 
Appliance repair shops.
(6) 
Radio and television repair shops.
(7) 
Self service laundries.
(8) 
Art, dancing, music, gymnastics and other similar instructional schools.
(9) 
Nursery schools and day nurseries.
(c) 
Business and professional offices and banks and financial institutions.
(d) 
Restaurants, lunchrooms and other eating and dining establishments.
(e) 
Single-family residence.
(f) 
Federal, State and County and municipal buildings and grounds, but excluding schools.
(g) 
Churches and places of worship.
(h) 
Public utilities.
(i) 
Commercial recreation activities.
(j) 
One (1) apartment in combination with a commercial use per building.
(k) 
Required accessory uses.
3. 
Required Accessory Uses.
(a) 
Commercial uses require an interior solid waste storage.
4. 
Permitted Accessory Uses.
(a) 
Fences subject to the provisions of Section 32-8.
(b) 
Signs subject to the provisions of Section 32-9.
5. 
Area and Bulk Requirements:
(a) 
Minimum of lot area: four thousand seven hundred fifty (4,750) square feet.
(b) 
Minimum lot width: fifty (50') feet.
(c) 
Minimum lot frontage:
(1) 
Interior lot: fifty (50') feet.
(2) 
Corner lot: seventy-five (75') feet.
(d) 
Minimum lot depth: ninety-five (95') feet.
(e) 
Minimum front setback: twenty-five (25') feet or the average setback for existing buildings within two hundred (200') feet on the same side of the street, whichever is less, except that no building shall extend into a required sight triangle easement.
(f) 
Minimum rear yard setback:
(1) 
Principal and accessory buildings: twenty (20') feet.
(g) 
Minimum side yard setback:
(1) 
Principal and accessory buildings: ten (10') feet total minimum two (2') feet one (1) side.
(h) 
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.
(i) 
(Reserved)
(j) 
(Reserved)
(k) 
Accessory buildings:
Use
Rear Setback
Side Setback
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
Decks
Setbacks to comply with those of principal building
c. 
Highway Business Zone.
1. 
In the Highway Business Zone no premises shall be used and no structure shall be erected, altered, or occupied for any purpose except the following and shall be further limited to those uses which are clearly of a scale and nature designed primarily to serve adjacent residential areas.
2. 
Permitted Uses.
(a) 
The retail sales of goods which may include the following:
(1) 
Grocery stores and food markets.
(2) 
Drug and pharmaceutical stores.
(3) 
Dry goods stores.
(4) 
Meat and poultry stores.
(5) 
Baked goods stores.
(6) 
Flower shops.
(7) 
Confectionery stores.
(8) 
Household supplies stores.
(9) 
Stationery supplies, tobacco and periodical stores.
(10) 
Haberdashery, dress goods and notions.
(11) 
Hardware, plumbing supplies and electrical supplies.
(12) 
Boat supplies and automobile supplies.
(13) 
Shops of artisans and craftsmen.
(14) 
Furniture and appliance stores.
(15) 
Gift shops.
(16) 
Automobile sales.
(b) 
Personal service establishments may include the following:
(1) 
Barbershops and beauty shops.
(2) 
Tailoring and dressmaking shops.
(3) 
Dry cleaning and laundry collection shops.
(4) 
Shoe repair shops.
(5) 
Appliance repair shops.
(6) 
Radio and television repair shops.
(7) 
Self service laundries.
(8) 
Art, dancing, music, gymnastics and other similar instructional schools.
(9) 
Nursery schools and day nurseries.
(c) 
Business and professional offices and banks and financial institutions.
(d) 
Restaurants, lunchrooms and other eating and dining establishments.
(e) 
Federal, State and County and municipal buildings and grounds, but excluding schools.
(f) 
Churches and places of worship.
(g) 
Public utilities.
(h) 
Commercial recreation activities.
(i) 
Farmers' markets.
(j) 
Required accessory uses.
3. 
Required Accessory Uses.
(a) 
Off-street loading subject to the provisions of subsection 30-1.6.
(b) 
Off-street parking subject to the provisions of subsection 30-1.7.
(c) 
Solid waste storage subject to the provisions of subsection 30-1.9.
4. 
Permitted Accessory Uses.
(a) 
Fences subject to the provisions of Section 32-8.
(b) 
Signs subject to the provisions of Section 32-9.
(c) 
Other customary accessory uses and buildings which are clearly incidental to the principal use of building.
5. 
Area and Bulk Requirements:
(a) 
Minimum lot area: ten thousand (10,000) square feet.
(b) 
Minimum lot width: seventy-five (75') feet.
(c) 
Minimum lot frontage: seventy-five (75') feet.
(d) 
Minimum lot depth: one hundred (100') feet.
(e) 
Minimum front setback: thirty-five (35') feet on Route 37; twenty-five (25') feet for lots fronting on other streets.
(f) 
Minimum rear yard setback for principal and accessory buildings: twenty-five (25') feet.
(g) 
Minimum side yard setbacks:
(1) 
Principal buildings: fifteen (15') feet.
(2) 
Accessory buildings: ten (10') feet.
(h) 
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 elevation of the corners of the building.