Jersey Shore City Zoning Code

In consideration of the character of the municipality, its various parts and the suitability of the various parts for particular uses and structures.

To promote the public's health, safety, morals, and the general welfare, encourage the most appropriate use of land, conserve and stabilize the value of property; provide adequate open spaces for light and air, prevent undue concentration of population, and lessen congestion on streets and highways.

Minimum and uniform regulations. The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.

For new uses and structures. In all districts, after the effective date of this chapter, any new building or other structure or any tract of land shall be constructed, developed and used only in accordance with the regulations specified for each district.

For existing uses and structures. In all districts, after the effective date of this chapter, any existing building or other structure, or any tract of land which is not in conformity with the regulations for the district in which it is located, shall be deemed as nonconforming and subject to the regulations of Article XVI.

Types of controls. The following minimum and uniform regulations shall apply in the respective districts:

No building, structure, or land shall be used or occupied and no building or structure shall hereafter be located, converted of structurally altered except in conformity with all regulations herein specified for the district in which it is located.

No part of a yard, or other space, or off-street parking or loading space required with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements established by this chapter.

In cases of "mixed occupancy," the regulations for each use shall apply to the portion of the building or land so used.

Whenever, under this chapter, a use is neither specifically permitted nor denied, and an application is made by an applicant to the Zoning Officer for such a use, the Zoning Officer shall refer the application to the Borough Council to hear and decide such request as a conditional use. The Borough Council shall have the authority to permit the use or deny the use in accordance with the standards governing conditional use applications set forth in § 300-135 of this chapter. In addition, the use may only be permitted if:

The burden of proof shall be upon the applicant to demonstrate that the proposed use meets the foregoing criteria and would not be detrimental to the public health, safety and welfare of the neighborhood where it is to be located.

This chapter shall not create liability on the part of the Borough of Jersey Shore or any officer or employee thereof for any fire or flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

With regard to the floodplain management provisions of this chapter, the degree of flood protection sought by these provisions are considered reasonable for regulatory purposes and are based on acceptable engineering methods of study. Larger floods may occur. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas will be free from flooding or flood damages.

Access to a public system (i.e., water or sewerage systems), when stipulated by this chapter, cannot be guaranteed by the municipality. The conditions and terms of access shall be set by the receiving authority or utility company.