Single-, two-family and multifamily residential dwelling units and accessory buildings, and uses normally auxiliary thereto, but not including hotels, motels or rooming house units.

Offices and buildings of professional persons, such as, but not limited to, physicians, dentists, engineers, lawyers, accountants and architects.

Public parks and playgrounds.

Churches, public and parochial schools and public buildings.

In addition to the above-described permitted uses, there shall be permitted in this zone uses of the following nature or necessary accessories to the above-described permitted uses upon obtaining a conditional use permit, subject to such standards and regulations which might reasonably be adopted in order to protect the life, safety and welfare of the public and adjoining residences:

The minimum allowable size of property upon which development may occur within the Residential Zone, in order to protect life and limb, is:

All those lands lying west of Ocean Terrace and 100 feet east of the Boulevard running from the center line of Hiering Avenue to the center line of Sherman Avenue.

All of the lands lying from 100 feet west of Ocean Terrace to 100 feet east of the Boulevard and extending from the center line of Grant Avenue southerly to 100 feet from the southerly right-of-way line of Blaine Avenue.

All those lands lying 100 feet west of Ocean Terrace to a point 100 feet east of the Boulevard and running from the southerly Borough line in a northerly direction to a line 100 feet north of Webster Avenue.

All lands lying between a point 100 feet east of the right-of-way of Central Avenue and 100 feet west of the right-of-way of the Boulevard from the northerly Borough line southerly to Grant Avenue.

All lands lying 100 feet east of Central Avenue and 100 feet west of the Boulevard from the southerly Borough line northerly to a point 100 feet north of Franklin Avenue.

All odd-numbered lots in Lot Nos. 7 through 35 in Block No. 21.

All odd-numbered lots in Lot Nos. 1 through 31 and 32, 33 and 34 in Block No. 29.

All of the lots in Block Nos. 30, 31, 70, 71 and 72.

Lot Nos. 1 through 5 in Block No. 62.

Lot Nos. 5 through 10 in Block No. 66.

Lot Nos. 1 through 10 in Block No. 67.

Single-family dwelling units and accessory building and uses normally auxiliary thereto.

Public parks and playgrounds.

Marine commercial uses. Marine commercial services uses consisting of the following:

Lot area: 4,000 square feet.

Lot frontage: 40 feet.

All those lands lying west of the Route 35 right-of-way south of the border with Dover Township, east of the Barnegat Bay and north of the Public Zone.

Single- or two-family residential dwelling units and accessory buildings and uses normally auxiliary thereto.

Offices and buildings of professional persons, such as but not limited to physicians, dentists, engineers, lawyers, accountants and architects.

Public parks and playgrounds.

Churches, public and parochial schools and governmental facilities.

Any uses specified in § 246-36 as permitted and regulated in the Residential Zone.

Retail sales of goods.

Offices of public utilities and dial or switching equipment buildings.

Municipal buildings and other governmental and/or public uses, but not including warehouses, workshops, garages or other such uses or activities.

Offices and buildings of professional persons, such as but not limited to physicians, dentists, engineers, lawyers, accountants and architects.

Contractors' and builders' offices.

Clubs, lodges, association buildings, meeting rooms and halls.

Restaurants as defined in § 246-5.

Bus terminals.

Miniature golf concessions.

Marine sales offices.

Hobby shops, inclusive of tracks and other related amenities.

Hotels and motels.

Limited brewery and craft distillery (Boulevard only).

Banks.

Bakeries.

Book stores.

Pharmacies.

Antique and gift shops.

Furniture stores.

Clothing and accessories stores.

Real estate offices.

Grocery stores.

Delicatessens.

Barbershops and hair and nail salons.

Music and art studios.

Scooter and moped rentals.

Bicycle rentals.

The minimum lots standards for retail business areas shall be:

Landscaping shall be provided where possible along street and lot lines. Where a commercial use abuts a Residential Zone, a solid landscaped screen of trees or hedge-type material not less than four feet high shall be planted and maintained.

Beginning at the center line of Grant Avenue, at Ocean Terrace, southerly to Porter Avenue, including all lands between Ocean Terrace and a line 100 feet west of the right-of-way of Ocean Terrace.

All Block Nos. 13, 14.01, 14.02, 15, 16 and 77.

Lot Nos. 11, 13, 15, 17, 19, 21, 23 and 25 in Block No. 12.

All even-numbered lots in Block No. 21.

All odd-numbered lots in Block No. 20.

Lot Nos. 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, 30, 33, 34, 35, 36 and 37 in Block No. 29.

Lot Nos. 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29 and 31 through 34 in Block No. 28.

All lots 100 feet either side of the right-of-way line of Sumner Avenue between Ocean Terrace and the Boulevard in Block Nos. 6.01 and 7.01.

Lot Nos. 59 through 68 in Block No. 33.01.

All lots situated within 100 feet of the right-of-way of the Boulevard and Central Avenue from Porter Avenue northerly to the Dover Township line.[1]

Any uses specified in § 246-36 as permitted and as regulated in the Residential Zone and also any uses specified as permitted and as regulated in the Retail Business Zone.

Carousels, roller coasters, merry-go-rounds, Ferris wheels or other mechanical rides, miniature golf courses, exhibits and any other amusement games, devices or rides.

Games of chance and other forms commonly played by individuals for enjoyment.

Mechanical rides, provided that the same are approved by the New Jersey Department of Labor and Industry.

Nonmechanical rides and other forms of entertainment, such as but not limited to water slides, skateboards tracks and miniature golf courses.

Restaurants and food establishments without an alcoholic beverage license. Restaurants and food establishments with alcoholic beverage licenses lawfully in existence prior to the adoption of Ordinance No. 2021-14[1] shall be permitted to continue operation and shall not be deemed to violate this chapter.

Retail stores which are primarily oriented to boardwalk activities.

Parks and playgrounds.

Rooming houses, provided they are located on a minimum lot size of 40 feet by 100 feet and have a lot area per unit of no less than 500 square feet.[2]

Lot Nos. 1 through 10 in Block No. 2.02.

Lot Nos. 1 through 10 in Block No. 3.02.

Lot Nos. 1 through 10 in Block No. 4.02.

Lot Nos. 1 through 10 in Block No. 5.02.

Lot Nos. 1 through 10 in Block No. 6.02.

Lot Nos. 1 through 10 in Block No. 7.02.

Lot Nos. 1 through 10 in Block No. 8.02.

Lot Nos. 1 through 58 in Block No. 33.01, 33.02, and 33.03.

All lots in Block Nos. 61 and 69.

Lot No. 1.03 in Block No. 99.01.

Lot No. 1.08 in Block No. 99.02.

Lot No. 1.05 in Block No. 99.01.

Lot No. 1.06 in Block No. 99.01.

The Mayor and Council recognize the rights inherent in the U.S. Constitution which guarantee freedom of expression, as well as the position of the Courts in protecting that freedom by invalidating any attempt by local ordinance to restrict particular uses based upon their content. However, the Mayor and Council also recognize their duty to protect the health, safety and welfare of the citizens of Seaside Heights from the adverse impact that these certain uses have on property values of adjoining and proximate residential and commercial properties. Of particular concern is the potential concentration of adult bookstores and establishments that provide adult entertainment, which are distinguished from conventional bookstores and entertainment establishments by the fact that they are required to exclude access to minors by virtue of age under the pornography statutes of the State of New Jersey.

In order to control the location and prevent the concentration of adult uses and thereby protect the public welfare and support the rebuilding of the municipality, adult bookstores and establishments of adult entertainment as defined in Chapter 8 of the Borough Code will be permitted in Resort Recreational A Zones within the Borough where conventional bookstores and entertainment establishments are also permitted uses, except that a conditional use permit shall first be obtained from the Land Use Board for such adult bookstore or establishment of adult entertainment. The Land Use Board may issue a conditional use permit only after an applicant has demonstrated compliance with the following standards and conditions:

Advertisements, displays or other promotional materials shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways or from other areas public or semipublic. All building openings and trees, windows, etc. for adult uses shall be located, covered or screened in such a manner as to prevent a view into the interior from any public or semipublic area.

One identification sign bearing the name of the adult bookstore or establishment of adult entertainment and hours of business and customer age restrictions is permitted in accordance with Chapter 191 of the Borough Code.

Block 33.01, Lots 15 through 68 as shown on the Borough's Tax Map.

Block 33.02, Lots 1 through 10 as shown on the Borough's Tax Map.

Block 33.03, Lot 1.01 as shown on the Borough's Tax Map.

Single-, two-family and multifamily residential dwelling units and accessory buildings, and uses normally auxiliary thereto.

Carousels (merry-go-rounds), miniature golf concessions, arcades and amusement games, and museums.

Games of chance.

Restaurants and food establishments without an alcoholic beverage license and restaurants and food establishments that do not allow the consumption of alcoholic beverages on the premises (e.g., BYOB).

Retail sale of goods primarily oriented to boardwalk and beach activities; gift shops; clothing and accessories.

Parks and playgrounds.

Hotels and motels.

(Reserved)[1]

Rooming houses, provided they are located on a minimum lot size of 40 feet by 100 feet and have a lot area per unit of no less than 500 square feet.[2]

Uses customarily incidental and subordinate to the principal use of a property shall be permitted.

Nightclubs, bars, taverns, cocktail lounges, pubs, cabarets, dance halls that serve alcoholic beverages or allow the consumption of alcoholic beverages, package liquor stores, and breweries are not permitted in the Resort Recreation Zone B as accessory uses.

All lots in Block Nos. 55, 56, 57, 58, 59, and 60.

All beaches lying east of the boardwalk.

All lands lying west of Bay Boulevard except Block Nos. 78, 79 and 80.

All of Block No. 62, except Lot Nos. 1 through 5.

All of Block Nos. 63, 64 and 65.

All of Block No. 66, except Lot Nos. 5 through 10.

All of Block No. 67, except Lot Nos. 1 through 10.

All of Block No. 68.

This section establishes development standards and regulations for the establishment of uses, structures, and lots in the Redevelopment Overlay (RO) Zone.

The application of the RO Zone is:

Every building or structure hereinafter erected in the Borough of Seaside Heights shall conform to the following requirements with respect to setbacks for front, side and back yards:

Exceptions to setback requirements.

All fences on the front property line or on the side lot lines from the front property line to the front building setback line shall be no more than four feet high. All fences along the rear property line and along the side property lines from the rear property line to the front building setback line shall be no more than six feet high.

All fences shall be constructed in a workmanlike manner, adequately support all components, run in a straight line, be plumb and be constructed so support components are located on the constructing property owners' property.

Fences may not be constructed in a public right-of-way.

Barbed wire, canvas, cloth, electrically charged, expandable and collapsible fences are prohibited.

No dwelling, building or structure of whatever composition, construction, type or style, regardless of its intended use or purpose, shall be erected to a height exceeding 41 feet, which height shall be measured from the highest elevation of the finished curb of the property to the top of the roof beam. The provisions of this subsection shall not apply in the Single-Family Zone.

Towers, turrets, minarets, elevator shafts, rooftop air-conditioning units, chimneys or other such auxiliary structures annexed to buildings or dwellings shall be permitted for purposes of decoration and mechanical requirements only and shall be limited to 10 feet in height above the roofline.

The height provisions of this chapter shall not be applicable to churches or other houses of worship.

Building height in the Single-Family Zone. No dwelling, building or structure of whatever composition, construction type or style, regardless of its intended use or purpose, shall be erected to a height exceeding 27 feet. The height in this zone shall be measured from the applicable AFBE or BFE, plus one foot to the peak of the roof, as established by Ordinance No. 13-04.[1]

There is no height limitation on rides that are erected in Blocks 33.01, 33.02, 33.03 and 69 of the Resort Recreation Zone.

Purpose: The purpose of this subsection is the regulation of aviation facilities, including helistops, helipads, heliports and airports in accordance with the zoning and police powers of the Borough.

Definitions. As used in this subsection, the following terms shall have the meanings indicated:

General prohibition. Aviation facilities, including but not limited to helistops, helipads, heliports and airports, are hereby prohibited in all zones in the Borough of Seaside Heights.

Following cessation of any use in the Residential, Retail Business, Resort Recreational Zone, or the Resort Recreational Zone B, a vacant lot may be issued a temporary zoning permit to be used as a commercial parking lot for a period of up to two years.

No extensions or additional permits may be granted for a continuation of the interim use beyond two years.

As the proposed use is temporary, no site plan approval shall be required, however the requirements of Chapter 122 shall apply.

Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administration official or agency based on or made in the enforcement of the Zoning Ordinance.

Hear and decide requests for an interpretation of the Zoning Map or Zoning Ordinance or for decisions upon the special questions upon which such Board is authorized by the Zoning Ordinance to pass.

Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation in this Zoning Ordinance would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, grant upon an application or an appeal relating to such property a variance from such strict application so as to relieve such difficulties or hardship; provided, however, that no variance shall be granted upon this subsection to allow a structure or use in a district restricted against such structure or use.

Grant a variance to allow a structure or use in a district restricted against such structure or use in particular cases and for special reasons, but only by the affirmative vote of at least 2/3 of the full authorized membership of the Board.

Said single- or two-family dwelling complied with the setback requirements in effect at the time that the dwelling or dwellings were constructed.

Any proposed addition to the single- or two-family dwelling or dwellings shall comply with the present front, side or rear setback requirements in effect at the time of said application.

Any vertical expansion shall comply with the present setback requirements.

This section shall not act as a waiver to any other requirements of the Seaside Heights Zoning Ordinance or ordinances.

The date an appeal is taken from the decision of an administrative officer; or

The date of the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-70b.