This chapter shall be known as the Zoning Chapter of the Code of Sea Isle City.

Whereas the Governing Body of the City deem it necessary to the promotion of the health, safety, morals and the general welfare of the City, to regulate therein the use and the size and location of buildings, and the size and locations of yards and other open space in relation to buildings, the following districts are hereby created wherein the following regulations shall hereafter govern.

Due public notice and hearing as required by this chapter shall be interpreted as being the same as applies to all other ordinances of the City.

In their interpretation and application the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with any provisions of law, or any rules, regulations, or permits previously adopted or issued, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises, nor is it intended by this chapter to interfere with or abrogate, or annul any easements, covenants, or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or land, or upon height of buildings, requires larger yards, courts or other open spaces than are imposed or required by such existing provisions of law, or by such rules, regulations, easements, covenants, or agreements, the provisions of this chapter shall control, and contra, where a greater restriction is provided by ordinance or otherwise, the greater restriction shall control.

Whenever the provisions hereof conflict with those of any other ordinance of the City, the more stringent provisions shall prevail.

If any provision of this chapter, time period or notice requirement or any other matter should at any time be inconsistent with, or less than any requirement imposed by laws of the State or resulting from a decision of the court of last resort, any such statutory provision, court decision or greater requirement shall supersede and be automatically effective in lieu and in place of any inconsistent or lesser provision or requirement as contained in this chapter.

If any section, paragraph, subdivision, clause or provision of this chapter shall be adjudged invalid, such adjudication shall refer and apply only to that section, paragraph, subdivision, clause or provision so adjudged and the remainder of this chapter shall remain valid and effective.

If there are multiple regulations which apply to any condition or situation, the more stringent regulations shall apply.

The City of Sea Isle City shall be exempt from any and all site plan, subdivision and zoning applications and requirements, subject to review and approval by the Construction Official and the Director of the Department of Community Development including but not limited to chapters:

The Governing Body may on its own motion or on petition, after public notice and hearing, amend, supplement or change the regulations and districts established and adopt rules and regulations for the purpose of interpreting and carrying the chapter into effect.

When owners of more than fifty (50%) percent of the frontage within a district or part of a district comprising not less than one (1) block shall present to the Governing Body a duly signed petition for the change, relocation or revision of such district or part of a district, the Governing Body shall act upon such petition within sixty (60) days after the filing of such petition with the Municipal Clerk. Such petition shall be accompanied by a map showing the area for which the change of districts is asked and all immediately abutting property and uses thereof, and shall be accompanied by a statement setting forth the grounds or reasons for the proposed change.

All such proposed changes of the chapter or relocation of districts or parts of districts will be referred by the Governing Body to the Planning Board for study and report. In the event of an unfavorable report from the Planning Board, or in case of protest against such proposed change, signed by the owners of twenty (20%) percent or more of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof, extending one hundred (100') feet from the street frontage of such opposite lots, such amendment shall not become effective except by the majority vote of the full authorized membership of the Governing Body.

The City of Sea Isle City Zoning Ordinance No. 657, as amended, is hereby specifically repealed. Any other ordinance which may refer to the City of Sea Isle City Zoning Ordinance shall be deemed to refer to this chapter.

For State law as to the authority of a city relative to zoning, see N.J.S.A. 40:55D-1 et seq.

For State law as to the Board of Adjustment generally, see N.J.S.A. 40:55D-69 et seq. as amended per Municipal Land Use Law, Chapter 291, Laws of New Jersey, 1975.