Surf City City Zoning Code
§ 30-6.2
Principal Uses and Buildings Permitted.
[Ord. No. 72-7 § 6B; Ord. No. 79-7; Ord. No. 98-6 § I; Ord. No. 98-12 §§ I — III]
a.
Single family dwellings.
b.
Two-family detached duplex dwellings, provided the plot on which the duplex dwelling is erected has a minimum area of 10,000 square feet of upland ground with a minimum frontage of 100 feet.
c.
Public parks and public playgrounds.
d.
Municipally owned and operated public utilities.
f.
Professional and home offices only when in single-family dwellings as defined in § 30-3 of this chapter.
g.
Accessory Uses and Buildings.
1.
Garage or group of garages for not more than three vehicles.
2.
Greenhouse.
3.
Garage apartment, when built in conjunction with single-family dwellings and providing its ground floor area does not exceed 75% of the ground floor area of the main building on the plot, and further providing that the plot on which it is erected has a minimum area of 10,000 square feet and a minimum frontage of 100 feet.
h.
Marinas shall be permitted as a conditional use.
1.
Application Procedure. No zoning and/or construction permit or Certificate of Occupancy shall be issued for a conditional use as permitted by N.J.S.A. 40:55D-1 et seq., and the Revised General Ordinances of the Borough of Surf City, until approval by the Planning Board. An application for a conditional use shall be reviewed by the Planning Board professionals for a determination of completeness. No application for a conditional use shall be listed for a public hearing until the Planning Board and/or the Board's professionals have deemed the application complete.
A set of plans and specifications showing all structures, wharfs, berth layout, fuel storage and dispensing system and any and all outside storage or display of any items for any purposes, as set forth in Subsection g as referenced below, and parking areas shall be submitted to the Planning Board with an application for a conditional use permit.
The Planning Board shall approve or deny conditional uses simultaneously with site plan or subdivision review. The Board shall follow the procedures outlined for review in the Revised General Ordinances of the Borough of Surf City and N.J.S.A. 40:55D-1 et seq.
Public notice and a public hearing shall be required. Notification of all property owners within 200 feet of the proposed site shall be notified by the applicant by mail. Applicants shall effectuate notice pursuant to the Municipal Land Use Law. (N.J.S.A. 40:55D-12)
In all requests for approval of conditional uses, the burden of proof shall be on the applicant. The Board shall give due consideration to all reasonable elements which could affect the public health, welfare, safety, comfort and convenience, such as, but not limited to, the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrian ways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities, and building and structure location(s) and orientation(s), and any and all outside storage or display of any items for any purposes, as set forth in Subsection g as referenced below. Conditional uses shall completely comply with the special requirements listed below.
2.
Special Requirements for Marinas.
(a)
The lot for such purpose shall have not less than 200 feet measured continuously along and abutting the waterline in a straight line.
(b)
Any portion of the lot utilized in conjunction with the marina use, including parking, shall not extend more than 200 feet measured perpendicular to the straight line established under Subsection a2(a).
(c)
Off-street parking shall be provided at a rate of 1 1/2 spaces for every dock space berth. Additionally, one space for every two persons based upon U.S. Coast Guard approved capacity of the following vessels. Commercial party boats, commercial head boats, commercial fishing vessels, commercial sport fishing vessels, commercial dinner boats, commercial site seeing vessels, commercial tour vessels and all other similar vessels.
(d)
All fuel storage and dispensing shall be registered and approved by N.J.D.E.P. and proper certifications shall be provided.
(e)
Marina shall be provided with a N.J.D.E.P. approved vessel waste pump-out facility.
(f)
(g)
Any and all outside storage or display of any items for any purposes, including, but not limited to, any items for sale, rent, display or customer storage, including, but not limited to, boats, vessels, jet skis, kayaks, sail boats, whether motorized or self propelled, shall be limited to 12 feet high above the grade of the adjacent ground. In addition, no outside storage or display for any purpose shall be located any closer than 12 feet to any property line.
3.
Definitions.
(a)
MARINA – Shall mean a waterfront facility used for the dockage (wet or dry) or moorage of vessels for which any fee is charged including but not limited to dockage or moorage fees.
A waterfront facility used for the dockage (wet or dry) or moorage of vessels that offers the sales of goods (including fuel) and services related to marine activities and marinas, including but not limited to, the sales, rental and/or service of vessels, engines, vessel supplies and fishing equipment, whether or not any fee is charged for dockage or moorage.
(b)
VESSELS – Shall mean a craft used or capable of being used, in navigation on water including, but not limited to, commercial and noncommercial, ships, boats, vessels, jet skis, kayaks, sail boats/ships, whether motorized, wind-driven or self-propelled.
i.
Off-street parking in conjunction with the operation of a contiguous commercial use shall be reviewed by the Borough Planning Board under guidelines established by the Master Plan update adopted by the Borough. The applicant for such off-street commercial parking shall submit a site plan to the Planning Board for their review with recommendations made to the Borough Council prior to the issuance of a permit authorizing such off-street parking. The Council shall have the final responsibility by the adoption of a resolution pertaining to the issuance of such a permit. The Council, within its discretion, may accept, reject, or modify such recommendations as made by the Planning Board to the Council.
j.
Prior to the issuance of a building permit for any structure requiring a minimum area of 10,000 square feet and a minimum frontage of 100 feet, the owner thereof shall execute and deliver a notarized affidavit declaring the parcel to be one buildable lot unless the parcel has previously been subdivided as a single parcel. The affidavit shall be filed in the office of the Construction Official and shall become a part of the permanent records of the Borough.