Surf City City Zoning Code
§ 30-5.2
Principal Uses and Buildings Permitted.
[Ord. No. 72-7 § 5B; Ord. No. 79-3 § 1; 12-10-2003 Ord. No. 03-17 § I; amended 9-12-2018 by Ord. No. 2018-13; 3-13-2019 by Ord. No. 2019-06; 12-11-2019 by Ord. No. 2019-17; 5-13-2020 by Ord. No. 2020-03; 5-8-2024 by Ord. No. 2024-07]
a.
All uses and buildings permitted in any residential zone, provided that any plot used solely for residential purposes or combined commercial-residential use shall comply with the area, yard and all other requirements of the RA Residential Zone.
b.
Retail stores and service facilities which supply commodities and services which are limited to the following:
1.
Antique shops.
2.
Bakeries.
3.
Banks.
4.
Barber shops.
5.
Beauty parlors.
6.
Clothing stores.
7.
Delicatessens.
8.
Drug stores.
9.
Dry cleaners.
10.
Electrical appliance and supplies stores.
11.
Furniture stores.
12.
Gift shops.
13.
Grocery stores.
14.
Haberdasheries.
15.
Hardware stores.
16.
Luncheonettes.
17.
Meat markets.
18.
Office buildings.
19.
Pet shops.
20.
Real estate offices.
21.
Restaurants.
22.
Sport and fishing equipment stores.
23.
Supermarkets.
24.
Variety stores.
25.
Parking lots, Borough or privately owned and operated.
26.
Building and plumbing supplies stores with yards for material and equipment.
27.
Liquor stores and bar rooms, licensed.
28.
Fitness facility.
29.
Technology sales, supplies and service.
c.
Automobile service stations and public garages are permitted provided the following standards and conditions are complied with:
1.
A set of plans, specifications and plot plans shall be submitted to the appropriate approving authority together with an application for a conditional use permit in accordance with the provisions of the land use procedure chapter and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. as amended and supplemented. The approving authority shall grant or deny the application for a conditional use permit in accordance with the provision of this chapter, the land use procedure chapter, and the Municipal Land Use Law.
2.
No service station shall be located within 200 feet of a school, hospital, church, museum, public library or institution, nursing home, theater, club or place or public assembly having a capacity of more than 100 persons.
3.
No new service station may be constructed on a parcel of land where any part of that parcel is closer than 1,500 feet to any pre-existing service station.
4.
Dismantled or damaged vehicles, automobile parts, and similar articles are to be stored within a building, except that such an article may temporarily be stored outside on the premises for a period not to exceed 30 days.
5.
A solid fence not less than six feet in height shall be erected and maintained along the entire length of side and rear property lines.
d.
Combined residential and commercial use. No individual building lot in the Business Zone shall be used for more than one commercial establishment and one living unit.
e.
Any proposed additions or new construction with regard to building in this zone shall be accompanied with a set of plans and specifications scaled by an architect or professional engineer licensed by the State of New Jersey. Whether temporary or permanent, any building or storage shed separate from the main building shall comply with the existing Building Code.
f.
Seating.
1.
All approved restaurants and food service establishments shall be entitled to the following, subject to the enumerated restrictions:
(a)
Two tables or a counter with no more than eight seats or stools located on the inside or the outside of the business.
(b)
Outdoor tables and chairs shall not exceed 15% of the previously approved indoor seating and a minimum of two tables with no more than eight chairs.
(1)
The following conditions shall apply to the permitted outdoor seating:
(i)
All use of outdoor seating shall cease by 10:00 p.m. unless otherwise fixed by resolution.
(ii)
Outdoor seating shall only be permitted in the Business Zone.
(iii)
Outdoor seating shall be located entirely within the property boundary lines and shall not impede ingress, egress or parking. Tables and chairs shall be secured while the business is closed or during times of inclement weather.
2.
Any business establishment wishing to utilize the provisions of this section shall be required to apply for an annual license on an application provided by the Municipal Zoning Official subject to the following conditions:
(a)
Said application shall be submitted no later than April 30th of each year and shall include a $50 fee, a survey or final site plan and a photograph showing the proposed location of the seating.
(b)
Upon review as to compliance with the terms of this section, a license will be issued for a period of one year.
(c)
An application hereunder shall be denied if the business has been found to be in violation of any provisions herein during the previous year.
Under no circumstances shall any seats in combination with tables, which may currently be in place, be considered to be grand fathered unless same have been given appropriate Land Use Board approval prior the introduction of this subsection.
Outside seating utilized for customer waiting only may be permitted provided said seats are not used in conjunction with any type of table and are located entirely within the property lines and do not impede ingress, egress or parking.
Freestanding umbrellas may be utilized with permitted outside tables provided the umbrellas are freestanding, securely anchored and are no larger in diameter then the table to which the umbrella is utilized. No umbrella shall encroach in any walkways or create a safety hazard. All umbrellas shall be closed and secured while the business is closed or during times of inclement weather.