Pine Beach City Zoning Code
ARTICLE X
Zone District Regulations
§ 175-58 R-150 Low-Density Residential District.
A.
Permitted principal uses in the R-150 Low-Density Residential District shall be as follows:
B.
Permitted accessory uses in the R-150 Low-Density Residential District shall be as follows:
C.
Conditional uses.
[Added 2-13-2002 by Ord. No. 02-02-560]
(1)
Cellular antennas on water towers are a permitted conditional use within the zone with the following requirements:
Schedule of minimum requirements:
(a)
The maximum height above the existing water tower shall be 24 feet.
(b)
The antennas and appurtenances shall not extend beyond the outer limits of the existing structure more than five feet.
(c)
Accessory buildings are permitted, if less 400 square feet each, and 15 feet in height. However, accessory buildings are permitted only if the buildings are constructed for the sole and exclusive use of the operation of the communication tower, and they are buffered and screened from view to such an extent that they are not visible from the roadway or the adjacent property lines. Setbacks shall conform to accessory yard requirements.
(d)
All antennas and tower structures shall be subject to structural provisions of the New Jersey Uniform Construction Code for wind loads, vent uplift, fire resistance ratings, dead load and ice load ratings and grounding. Documentation shall be provided to the Planning Board in the form of a site plan, technical and engineering support documentation, manufacturer's warranties and sworn testimony of a licensed structural engineer on proposed antennas and tower structures.
(e)
All commercial radio and television transmission facilities including AM, FM and television broadcast stations, public safety radio services, cellular radio/telephone service, microwave or other forms of electromagnetic transmission shall be subject to U.S. Environmental Protection Agency, U.S. Occupational Safety and Health Administration, American National Standards Association, and New Jersey Environmental Protection Agency standards and requirements pertaining to human exposure to radio frequency electromagnetic fields and other rules, regulations, and standard which may be applicable to such facilities by federal and/or state regulatory agencies.
(f)
All antennas and tower structures shall be readily accessible by emergency vehicles and by construction and service vehicles in a manner acceptable to the Board, Borough Engineer and Construction Official.
(g)
All commercial antenna towers, guide wires, anchors, accessory structures, etc. shall be enclosed by a chain link fence not less than six feet in height.
(h)
No lights or signs other than those required for aircraft warning in accordance with Federal Aviation Administration regulations or other required safety purposes shall be permitted. Strobe lights shall not be permitted for night time use.
(i)
No signage or other methods of providing messages or commercial statements may be attached, suspended, or otherwise a part of the antenna or tower structure.
(j)
Details of driveway access should be presented. Minimum requirements shall be six inches of road gravel, R-Blend or stone.
D.
Description of zone. The description of the zone shall be as follows: Block 3, Block 3.01 and Block 29.01 as shown on the Official Tax Map of the Borough of Pine Beach.
[Amended 5-13-1986 by Ord. No. 86-10-342; 10-11-1994 by Ord. No. 94-11-461; 5-22-1995 by Ord. No. 95-05-469; 2-13-2002 by Ord. No. 02-02-560]
§ 175-59 Medium Low-Density and Medium-Density Residential Districts.
[Amended 5-22-1995 by Ord. No. 95-05-469]
§ 175-59.1 R-120 Medium Low-Density Residential District.
[Amended 5-22-1995 by Ord. No. 95-05-469]
A.
Permitted principal uses in the R-120 Medium Low-Density Residential District shall be as follows:
(1)
All uses permitted in Section 175-58A(1) through (3).
(2)
Public and private schools, excluding nursery schools.
(3)
Churches or other places of worship of any legitimate religion.
(4)
The offices of any member of a recognized profession who resides on the same lot, provided that not more than 40% of the habitable floor area is utilized for office space and shall be within and part of the principal structure.
(5)
Any business which may be conducted from a private dwelling house without any evidence of the same being noticeable from the exterior of said house, provided that no aspect of the business operation being conducted within said house shall result in more than two commercial visitors to said house within any twenty-four-hour period, and further, provided that no commercial vehicle or signs used in said business operation shall be maintained at said premises. (This shall not include a private automobile used in said business operation).
C.
Description of zone. The description of the zone shall be as follows: Block 4, Block 4.01, Block 4.02 and Lot 2 in Block 36 as shown on the Official Tax Map of the Borough of Pine Beach.
[Amended 5-13-1986 by Ord. No. 86-10-342; 10-11-1994 by Ord. No. 94-11-461]
§ 175-59.2 R-75 Medium-Density Residential District.
§ 175-60 R-2 Redevelopment District.
[Added 5-22-1995 by Ord. No. 95-05-469]
A.
Permitted principal uses in the R-2 Redevelopment District shall be as follows:
[Amended 6-11-2003 by Ord. No. 03-06-578]
(1)
All uses permitted in Section 175-58A(1) through (3).
(2)
Public and private schools, excluding nursery schools.
(3)
Churches or other places of worship of any legitimate religion.
(4)
The offices of any member of a recognized profession who reside on the same lot, provided that not more than 40% of the habitable floor area is utilized for office space and shall be within and part of the principal structure.
(5)
Any business which may be conducted from a private dwelling house without any evidence of the same being noticeable from the exterior of said house, provided that no aspect of the business operation being conducted within said house shall result in more than two commercial visitors to said house within any twenty-four-hour period, and further provided that no commercial vehicle or signs used in said business operation shall be maintained at said premises. (This shall not include a private automobile used in said business operation.)
(6)
Single family residences in accordance with the Bulk Schedule for R-89 Zone.
[Added 9-8-1999 by Ord. No. 99-09-535]
C.
The description of the zone shall be as follows: Lot 1 in Block 36 as shown on the Official Tax Map of the Borough of Pine Beach.
D.
Bulk Schedule R-89 Zone.
[Added 6-11-2003 by Ord. No. 03-06-578]
Lot area (square feet) | 8,900 |
Depth (feet) | 110 |
Width (feet) | 50(1) |
Lot frontage (feet) | 15 |
Setback requirements: | |
Front (feet) | 15(2) |
Rear (feet) | 10 |
One side (feet) | 5(3) |
Both sides (feet) | 10(3) |
Accessory uses: | |
Front (feet) | 25 |
Rear (feet) | 10 |
Side (feet) | 10 |
Maximum building height | 30(2) |
Maximum lot coverage (%) | 35 |
Minimum net floor area: | |
One story (square feet) | 1,050 |
Two story (square feet) | 1,500 |
Notes: | ||
|---|---|---|
(1) | The lot width shall be the shortest distance between the side lot lines measured at the nearest portion of the dwelling or structure to the right-of-way. For lots along a radial right-of-way the width shall be measured along a radial arc between the side lot lines measured at the nearest portion of the dwelling or structure to the right-of-way. On corner lots, one front lot line shall be considered a side lot line for the purpose of determining "lot width" only. | |
(2) | Front setback: | |
a. | The front of the structure shall be defined as the side, where the driveway access for the dwelling is provided, except as provided in paragraph d below. | |
b. | The front setback shall be a minimum of 15 feet along all existing roadways. A height restriction of 18 feet shall be provided from 15-20 feet of the right-of-way. A height restriction of 30 feet shall be provided for any portion of a structure 20 feet or greater from the right-of-way. | |
c. | The front setback along all proposed streets shall be 10 feet with a height restriction of 30 feet. | |
d. | Corner lots shall have a minimum setback of 15 feet from existing streets and 10 feet from proposed streets. A height restriction of 30 feet at these front setbacks shall be provided. | |
(3) | Side setback. The side setback shall be a minimum of 5 feet, however, no more than 50% of a structure's sidewall shall be within 15 feet of any adjacent structure. | |
E.
Fence requirements. The following are requirements for development in the R-2 zone:
(1)
A jerith type or approved equal fence may be constructed by lot owners along all parklands. Lots shall be deed restricted against other types of fencing unless granted a variance by the Land Use Board. Living fences up to a height of jerith type fences or approved equal are permitted in conjunction with a jerith type fence.
§ 175-61 B-1 Business Highway District.
[Amended 5-12-1992 by Ord. No. 92-07-428; 5-22-1995 by Ord. No. 95-05-469; 9-10-1997 by Ord. No. 97-10-508; 4-14-1999 by Ord. No. 99-03-529; 4-14-2010 by Ord. No. 10-03-679; 8-9-2017 by Ord. No. 17-06-747; 9-11-2024 by Ord. No. 2024-04-810]
A.
Permitted principal uses in the B-1 Business Highway District shall be as follows:
(1)
All commercial uses, except automobile service stations, automobile body or repair shops, car washing establishments and those uses which produce noxious fumes or other types of pollution but including those uses enumerated in Subsection A(2).
(2)
Business uses which by reason of the size, nature or variety of the goods sold or the services rendered and the scale, nature or character of the activity and facility cater to the needs of the community at large or greater region or which primarily serve highway traffic (e.g., restaurants, motels, automobile and related dealers, department stores, bus terminals, office buildings, theaters, bowling alleys, furniture stores and appliance stores). This shall not be construed to permit as a principal accessory or conditional use any property or structure as an adult bookstore or theater if such property or structure lies within 1,000 feet of any school, church or public recreational facility.
(3)
When meeting the following conditions, apartment dwellings are permitted under this use group:
Sq. ft. min. | 15,800 square feet |
Max. dwelling units per acre | 12 units per acre |
Min. lot width | 150 feet |
Min. lot depth | 200 feet |
Min. front yard setback | 25 feet |
Min. side yard setback | 20 feet |
Min. rear yard setback | 20 feet |
Max. lot coverage | 30% |
Max. height | 35 feet or 2 1/2 stories, whichever is less |
Per-Unit Specifications | |
Min. setback from internal streets | 25 feet |
Min. width per unit | 20 feet |
Max. units per structure | 8 units |
Max. bldg. length | 200 feet |
Min. outside access | 2 |
Min. and max. set-aside | 20% affordable housing |
NOTE 1: A twenty-five-foot buffer along all side and rear property lines shall be established for any apartment building abutting any use group. |
NOTE 2: All exterior trash receptacles shall be conveniently located and conform to all local and county rules and regulations regarding recycling. |
NOTE 3: Garages on-site shall be built onto the unit with a driveway for a vehicle. |
NOTE 4: Any apartment project shall include a maximum and minimum set-aside of 20% affordable units. The units shall be integrated with the market-rate units. Affordable units are regulated by Chapter 48 of the Pine Beach Borough Code and applicable rules and regulations of the State of New Jersey and Court requirements. |
(4)
Cannabis establishments, including cannabis cultivator (Class 1 license), cannabis manufacturer (Class 2 license), cannabis wholesaler (Class 3 license), cannabis retailers (Class 5 license), and cannabis delivery services (Class 6 license).
(5)
Cannabis distributors (Class 4).
D.
Description of zone. A description shall be as follows: Lots 1, 15; 17; 19; 21, 23, 25, 27, 29, 31, 33, 35, 37 and 39 in Block 74; Block 77; Block 77.01; Block 78 (excluding Lots 49 through 58), Block 91; Block 91.01 and Block 92 as shown on the Official Tax Map of the Borough of Pine Beach.
§ 175-62 Floodplain areas.
A.
Purpose. In order to prevent the inappropriate development of flood-prone lands within the Borough of Pine Beach and to further provide regulations, standards, criteria, procedures and goals designed to control and regulate development of land within the defined flood hazard areas, certain floodplain areas are hereby established. The floodplain areas are divided into three categories, defined as follows:
(1)
Watercourse zone. This zone shall consist of the areas between the top of the banks of any watercourse, with or without continuous flow, wherein surface water or potential surface water is contained. This zone shall also consist of lands lying between two or more channels of the same watercourse.
(2)
Encroachment zone. This zone shall consist of an area on each side of any watercourse, with or without continuous flow, with dimensions as established or amended from time to time by the borough or the State of New Jersey or any agency thereof.
(3)
Floodplain zone. This zone shall consist of the relatively flat area adjoining the channel of a natural stream which has been or may be hereafter covered by floodwater.
B.
Applicability of zones. The aforesaid zones shall be superimposed on existing land use zones and shall supersede and take precedence over existing regulations as well as those created hereby.
C.
Permitted uses in the floodplain areas shall be as follows:
(1)
Watercourse zone:
(a)
Installation of flood preventive structures, equipment, storage basins or channels as part of any federal, state, county or municipal program for flood or water control.
(b)
Municipal, county or state park and recreational area.
(c)
Landfill and excavation operations by government agencies in connection with stream improvements, cleaning, desnagging and stabilization.
(2)
Encroachment zone:
(a)
Installation of flood preventive structures, equipment, storage basins or channels as part of any federal, state, county or municipal program for flood or water control.
(b)
Municipal, county or state park and recreational area.
(c)
Landfill and excavation operations by governmental agencies in connection with stream improvements, cleaning, desnagging and stabilization.
(3)
Floodplain zone:
(a)
Installation of flood preventive structures, equipment, storage basins or channels as part of any federal, state, county or municipal program for flood or water control.
(b)
Municipal, county or state park and recreational area.
(c)
Landfill and excavation operations by governmental agencies in connection with stream improvements, cleaning, desnagging and stabilization.
D.
Procedure.
(1)
Any applicant for construction in the aforesaid zones shall apply to the Planning Board for site plan approval of the proposed use. The Planning Board may refer the application or any aspect thereof to any other municipal, county or state agencies for reports or recommendations.
(2)
The site plan application shall include the following information but shall otherwise follow the rules and regulations set forth in this chapter for site plan review generally:
(a)
The existing and proposed contours, at a contour interval of one foot.
(b)
The proposed elevations of the levels of the lands involved at the corners of the foundation of any structure or structures.
(c)
The lowest elevation of the lowest proposed area within any proposed structure after its completion.
(d)
The layout of existing and proposed public streets and the nature, extent and location of existing and proposed public utilities servicing and to service the premises in question.
(e)
The elevation of any pumping facilities.
(3)
No site plan shall be approved in any floodplain area unless and until there has been compliance with the following requirements:
(a)
The lowest floor, including basement, and all essential services of any proposed structure will be at least one foot above the flood hazard area design flood profile.
(b)
Proper facilities have been or will be provided for the disposal of sewage and of surface water.
(c)
Any proposed structure, when built, can be occupied without peril to the health or safety of the occupants.
(d)
Any proposed structure will not impede the flow of surface waters to any swale, channel or watercourse.
(e)
The maximum permitted height of any structure located within the floodplain area shall be measured from the design floodplain elevation.
(4)
In cases of doubt or uncertainty as to the exact limit of the floodway or flood hazard area in a proposed development, the Borough Engineer may determine the precise location of a floodway or flood hazard area and shall notify the applicant, the Zoning Officer and the Planning Board of the result thereof, and by making an application, the applicant consents to the Borough Engineer entering upon his, her or its land to make any required inspections.[3]
(5)
Additional factors to be considered in granting approval or attaching conditions to the approval of any site plan in the floodplain area are the following:
(a)
Protection of persons and property affected by the proposed development.
(b)
Accessibility of lands to public safety equipment.
(c)
Obstruction to downstream flow of floodwaters.
(d)
Reduction in floodplain storage capacity.
(e)
Location of key facilities and utilities and their continued satisfactory operation in times of flood.
(f)
Pollution of waters by the proposed development of land and safeguards relative thereto.
(g)
Design features to prevent flotation or collapse of a structure to be erected in the floodplain area.
(6)
Site plan approval shall not relieve the applicant from complying with all other applicable laws and ordinances. Appeals from an adverse decision of the Planning Board shall be treated in the same way as denials of site plan applications generally.