Point Pleasant Beach
City Zoning Code
City Zoning Code
§ 19-8.4
Provisions Applicable for All Zoning Districts.
[Ord. 1979-2, § 300; Ord. #1993-26, § 3; Ord. #2010-41; Ord. #2014-06 § 2; amended 2-16-2021 by Ord. No. 2021-03; 3-1-2022 by Ord. No. 2022-02; 2-21-2023 by Ord. No. 2023-02]
a.
Notwithstanding any other provision of this chapter, no building or structure shall be permitted on the beaches or boardwalk in the areas east of the boardwalk or boardwalk line as described on the Zoning Map, with the following exceptions:
1.
Participatory recreational activities, including swimming, bathing beaches and other similar recreational activities which will preserve the natural condition of these lands between the hours of 7:00 a.m. and 10:00 p.m., so long as adequate lifeguards, life-saving apparatus and other necessary facilities are provided and the use meets the licensing requirements of the Borough.
2.
Temporary structures to house beach umbrellas and other equipment appurtenant to the principal use.
3.
One unlighted attached or free standing sign, not to exceed 15 square feet, identifying the beach, its operating hours and rules and regulations.
4.
Valid pre-existing nonconforming buildings, structures and the uses housed therein that existed as of July 1, 2010. In addition, these buildings, structures and the uses housed therein may be rebuilt as existed at the time of the event causing their total or partial destruction.
(a)
In order to be excepted under paragraph 4 above, any affected property owner shall submit a request for a certificate of nonconformity providing evidence as to the existence of all valid pre-existing, nonconforming buildings, structures, and uses housed therein, that existed on July 1, 2010. As part of the request the property owner shall supply the zoning official with a plan showing all current conditions. This plan shall be attached to any certificate of nonconformity.
(b)
No building, structure or use certified as a valid pre-existing nonconforming building, structure, or use pursuant to paragraph 4(a) above shall be expanded either by physically expanding the structure or through expansion of the use without seeking relief from the Zoning Board of Adjustment. Normal property maintenance including minor alterations is excepted so long as they do not expand the structure, either horizontally or vertically, and so long as they do not expand the use.
b.
Finished floor constructed over three feet above the adjoining exterior grade.
[Amended 3-1-2022 by Ord. No. 2022-02]
1.
Not on pilings. Where the finished floor will be constructed over three feet above the adjoining exterior grade, but not on pilings, the following shall be provided:
2.
On pilings. Where the finished floor will be constructed over three feet above the adjoining exterior grade on pilings, the following shall be required:
(a)
House fronts shall have finished walls to grade in compliance with all applicable UCC and FEMA regulations.
(b)
The finished walls shall have decorative facing or the house siding to within three feet of grade.
(c)
House sides from the front to the rear of the home shall have walls or permanent screening provided.
(d)
Garage doors, exterior doors, and windows will be allowed as part of these required finished walls.
c.
Where a rooftop deck is to be constructed on or within a residential use building or any building within any residential zoning district, the following shall apply:
[Added 2-16-2021 by Ord. No. 2021-03]
1.
The size of the rooftop deck shall not exceed: a) 15% of the floor area over or within which it is to be constructed; or b) 200 square feet, whichever is less.
2.
The maximum height of any and all points of a rooftop deck, including the railing, shall not exceed: a) the average roofline height of the building; or b) 3.5 feet less than the maximum building height; or c) 3.5 feet less than the maximum building height permitted, whichever is less.
3.
The minimum setback for any rooftop deck shall be five feet from the edge of the building and from the minimum required building setback line(s) permitted in the zone, whichever is more.
4.
The rooftop deck restrictions noted in this subsection shall not apply to mixed-use buildings or non-residential buildings.
[Amended 2-21-2023 by Ord. No. 2023-02]
5.
All rooftop decks shall include a railing, or approved equal barrier, for safe access and use, installed in accordance with IRC/IBC Codes and any and all other local, regulatory and industry standards.
d.
Where an upper story deck or decks are to be constructed on a residential use building or any building within any residential zoning district, the following shall apply:
[Added 2-16-2021 by Ord. No. 2021-03]
1.
The total combined size of the upper story deck(s) shall not exceed 200 square feet.
2.
The minimum setback for any upper story deck shall comply with the minimum required setbacks permitted in the zone.
3.
The upper story deck restrictions noted in this subsection shall not apply to single-story buildings, mixed-use buildings or nonresidential buildings.
4.
All upper story decks shall include a railing or approved equal barrier for safe access and use, installed in accordance with IRC/IBC Codes and any and all other local, regulatory and industry standards.