[Ord. #601, S 109-11; Ord. #695, S 4; Ord. #760, S 1; Ord. #833, S 1; Ord. #836, S 1; Ord. #90-8, SS 1, 4; Ord. #2002-14; Ord. #2003-13, SS 4—6; Ord. #05-2006, S 1; Ord. #2014-04 SS 14, 15, 16, 29; Ord. No. 2017-11; Ord. No. 2018-04; Ord. No. 2018-07; amended 3-14-2022 by Ord. No. 2022-05; 3-11-2024 by Ord. No. 2024-07]
a. Use Regulations: No use shall be permitted in the zoning district in which it is proposed other than the uses listed in this Chapter as uses permitted by right, accessory uses or uses permitted by conditional use permit. The Board of Adjustment shall decide questions of interpretation of the use lists. In residential districts only one (1) principal use and/or building shall be permitted on any lot or combination of lots unless specifically permitted otherwise by this Chapter.
b. Space Regulations: No lot shall be smaller in area than the minimum lot for the zoning district in which it is located, as shown on the Official Zoning Map. No lot shall be smaller in width than the minimum lot width for the zoning district in which such lot is located, as shown on the Official Zoning Map.
c. Yard Regulations: No yard shall have a horizontal dimension measured from and at right angles to the nearest appropriate lot line of the lot less than the yard minimum for the zoning district in which such lot is located, as shown on the Official Zoning Map. No part of a yard, off-street parking space, loading space or other open space required about or in connection with any building for the purpose of complying with this Chapter shall be included as part of a yard, off-street parking space, loading space or other open space similarly required for any other building.
A yard is defined in Section
19-3 of this Chapter and is further defined and regulated as follows:
1. Yard, Front: A yard extending across the full width of the lot and lying between the street line of the lot and the nearest wall of the building or structure. The depth of the front yard shall be measured at right angles to the street line of the lot. Where applicable, these yard depths shall be established from the street line established by the planned or "Official Map" right-of-way limits adopted by the Borough.
(a) Depth of required front yards shall be measured at right angles to a straight line adjoining the foremost points of the side lot line: The foremost point of the side lot line, in the case of rounded property lines at street intersections, shall be assumed to be the point at which the side and front lot line would have met without such rounding. Front and rear yard lines shall be permitted.
(b) In the case of corner lots, the setback line of one (1) portion of the building must conform to the front setback line of one (1) of the adjacent streets, and the other side of the building adjacent to the other street must be fifteen (15') feet from the property line. The narrowest dimension of the lot on a street shall be considered the front of the lot provided, however, on major streets, that portion fronting on a major street shall be considered the front of the lot.
(c) Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot line. The foremost point of the side lot lines, in the case of rounded property lines at street intersections, shall be assumed to be the point at which the side and front lot line would have met without such rounding. Front and rear yard lines shall be permitted.
2. Yard, Side: An open, unoccupied space between the side line of the lot and the nearest wall of the building or structure and extending from the front yard to the rear yard, or, in the absence of either of such yards, to the front or rear lot lines, as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.
(a) In the case of through lots, side yards shall extend from the rear lines of the front yard required. In the case of corner lots, the yard opposite the designated front yard, according to the provisions of subsection
19-5.3c,1, shall be considered the rear yard.
(b) Width of required side yard shall be measured at right angles to a straight line joining the ends of front and rear lot lines on the same side of the lot. The inner side yard line of a required side yard shall be parallel to the straight lines so established.
3. Yard, Rear: A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest wall of the building or structure. The depth of a rear yard shall be measured at right angles to the rear lot line in the same manner as specified herein for the measurements of lot depth.
d. Height and Coverage Regulations: No structure on a lot shall exceed the maximum height or coverage for the zoning district in which such lot is located, as shown on the Official Zoning Map. The building height of the principal structure with a flat roof shall not exceed twenty-eight (28') feet. A flat roof shall be defined for purposes of this section as a roof that is not pitched and the surface of which is generally parallel to the ground.
e. In any zoning district of the Borough, chimneys constructed on dwellings shall not be permitted to extend beyond the foundation line of the side of the building by more than twenty-four (24") inches. In computing the width of the side yard where a chimney is constructed, the width shall be computed from the wall of the building or structure and not from the outer perimeter of the chimney.
f. Unroofed Porches, Decks, Patios and Terraces. The following regulations shall apply to all proposed unroofed porches, decks, elevated patios or terraces constructed within the Borough of Point Pleasant:
1. Unroofed porches, decks, elevated patios or terraces shall be prohibited from encroaching within the area twenty-four (24") inches from the side yard property line, except as may be set forth herein.
2. Any deck, unroofed porch, terrace or elevated patio which does not, at any point, exceed twenty-four (24") inches in height, as measured herein, shall be permitted to extend to the rear property line for waterfront properties. For all other properties, any such deck, unroofed porch, terrace or elevated patio shall not encroach within the area forty-eight (48") inches from the rear yard property line.
[Ord. #2014-04 S 16]
3. The height of unroofed porches, decks, elevated patios or terraces shall be measured perpendicularly from the surface of the platform to the existing finished grade. The maximum height of a deck in a Flood Zone that encroaches into the 25-foot rear yard setback shall be the base flood elevation, as defined in subsection 19-37.1 of the Borough Code, plus two (2') feet.
[Ord. No. 2017-11; Ord. No. 2018-07]
4. Any deck, unroofed porch, terrace or elevated patio which does not, at any point, exceed twenty-four (24") inches in height, as measured herein, shall be permitted to have a handrail affixed thereto providing that the rail does not exceed four (4') feet in height from the finished height of the deck of the structure. Such handrails shall have at least two (2") inch spacing between interior components, said interior components shall not exceed fifty (50%) percent of the surface area of the structure, and the rail shall be constructed in a manner consistent with the Uniform Construction Code.
5. Any portion of a deck, unroofed porch, elevated patio or terrace which exceed twenty-four (24") inches in height as measured herein, shall be prohibited from encroaching into any setback yards with the exception that any unroofed porch, stoop, or a stairway or other device constructed to facilitate the structures on the property from a side entranceway of said structures, may encroach into the side yard area, but not within the area twenty-four (24") inches from the side yard property line and provided further that such unroofed porch, stoop, stairway or other device may not exceed twenty-five (25) square feet in area. The intent of this exception is to accommodate a single entranceway of the structure and not to extend or continue around to other decks, elevated patios, unroofed porches or terraces.
6. One deck in a Flood Zone may encroach within the 25-foot rear yard setback as measured from the property line, provided the following apply:
[Ord. No. 2017-11; Ord. No. 2018-07]
(a) The maximum square feet of the deck in a Flood Zone shall not exceed two hundred (200) square feet;
(b) The minimum rear yard setback of the deck in a Flood Zone shall be fifteen (15') feet; and
(c) The minimum side yard setback of the deck in a Flood Zone shall be ten (10') feet.
7. Notwithstanding anything herein to the contrary, a walkway, not to exceed five (5') feet in width and parallel to a bulkhead or parallel to a property line on waterfront properties shall be exempt from the twenty-four (24") inch encroachment requirements set forth herein.
[Ord. No. 2017-11]
8. These regulations shall be applicable only to unroofed porches, decks, elevated patios or terraces constructed subsequent to the effective date of this paragraph f. and all such unroofed porches, decks, elevated patios or terraces constructed prior to the effective date of this paragraph f. shall not be required to comply with these regulations or any other prior regulations or requirements respecting such unroofed porches, decks, elevated patios or terraces.
[Ord. No. 2017-11]
9. As used herein the term "deck" shall mean a flat surface capable of supporting weight, similar to a floor, but typically constructed outdoors, often elevated from the ground and usually connected to a building.
[Ord. No. 2017-11]
g. Sheds.
[Amended 3-14-2022 by Ord. No. 2022-05]
1. As used herein, a shed shall mean an accessory building, as defined in Section
19-3, which is used solely for the storage of personal property, excluding motor vehicles. A shed shall be fully enclosed so as to obscure its contents from the public.
2. The following regulations shall apply to all proposed sheds constructed within the Borough of Point Pleasant:
(a) No shed shall exceed two hundred (200) square feet in area;
(b) No shed shall exceed ten (10') feet in height;
(c) No shed shall encroach into the front yard setback;
(d) No shed shall encroach within the area twenty-four (24") inches from the rear yard property line;
(e) No shed shall encroach within twenty-four (24") inches from the side yard property line;
(f) No shed shall be located within five (5) feet of the principal building located on the same lot.
(g) Sheds shall be located exclusively in side and rear yard lot areas. Sheds shall not be located in a front yard area.
[Ord. #2014-04 S 15]
(h) If the property borders a body of water, all sheds shall have a fifteen (15') foot rear yard setback.
[Added 3-11-2024 by Ord. No. 2024-07]
3. In the event that a new shed is to be constructed or located on any property, and the proposed shed does not exceed two hundred (200) square feet in size, and furthermore does not violate any setback requirements as set forth herein, then and under those circumstances notwithstanding the fact that the shed will be located on a property which for other reasons is a preexisting nonconforming use, the addition of the shed on the preexisting nonconforming property will not require a variance application in order to allow the shed to be located on the preexisting nonconforming property. To that extent and that extent only the preexisting nonconformity will not be deemed to have increased or exacerbated because of the installation and location of a shed having no more than two hundred (200) square feet in size on the property.
4. All sheds, which are constructed prior to the effective date of this section, which do not meet the above standards, shall be considered to be preexisting nonconforming structures.
h. Accessory Buildings. Except as may be specifically provided for otherwise in this Chapter, the following provisions shall apply to accessory buildings in residential zones:
[Amended 3-14-2022 by Ord. No. 2022-05]
1. General Location of Accessory Structures and Uses. Accessory buildings shall be located on the same lot as the principal building, structure or use to which they are accessory, unless specifically permitted otherwise by this Chapter.
2. Distance from Principal Building. An accessory building and/or structure shall be located a minimum of five (5) feet from any principal building located on the same lot
3. The total aggregate area of all accessory buildings or structures on a single-family residential lot, with the exception of a swimming pool, shall not exceed six hundred (600) square feet.
4. No jacuzzi/hot tub shall be located less than three (3) feet from the outside wall of the principal structure.
i. Two and one-half story, single-family residential dwellings shall be permitted uses in all residential zones, including R-1; R-1A; R-3; RM; RM/POS Zones, provided that all other zoning standards and requirements are adhered to such as building height, lot coverage and all regulations of this Chapter.
j. Handicap Ramps.
In the event that a wheelchair ramp needs to be installed for a one- and two-family residential dwelling, the Zoning Officer may authorize the installation of a wheelchair/handicap ramp and same may encroach within the required setbacks, provided the applicant complies with the following criteria:
[Ord. No. 2018-04]
1. The wheelchair ramp shall be designed so as to encroach the minimum distance feasible into the required set back; and
2. The wheelchair ramp shall not encroach in any recorded easement or in the public right-of-way; and
3. The encroachment into the required setback shall be removed when the individual requiring the wheelchair ramp no longer resides on the property or the wheelchair ramp is no longer required; and
4. A zoning permit and building permit are required, however the Borough shall waive the building and zoning fees associated with the installation of the ramp upon the applicant's submission of a letter from a licensed physician indicating that the wheelchair ramp is necessary to accommodate a resident of the property. Said letter shall be submitted with the application in order for the fees to be waived.