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ORDINANCE 2013-30 Zoning Amendment - District Regulations

ADOPTED: August 20, 2013

ORDINANCE 2013-30

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH, COUNTY OF OCEAN AND STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING SECTION 19-9 et. seq. OF CHAPTER XIX
OF THE BOROUGH CODE, ENTITLED “DEVELOPMENT,” AMENDING
AND REVISING THE SCHEDULE OF DISTRICT REGULATIONS

WHEREAS, the Governing Body of the Borough of Point Pleasant Beach (hereinafter “Borough”) is mindful of its Land Use ordinances; and

WHEREAS, the Borough endeavors to make certain that the segregation of uses as provided in the Zoning Ordinance conforms with its master plan and identity of current structures were applicable; and

WHEREAS, there is a need for structures to comply with base flood elevations in order to protect life and property; and

WHEREAS, the Limited Commercial Zone currently allows single family detached dwelling; and

WHEREAS, in elevating existing structures it may become difficult to conform to the height requirement while also complying with the Flood Damage Prevention Code; and

WHEREAS, a number of two story dwellings already exist in the zone, without detriment to surrounding land uses; and

WHEREAS, adequate lot area exists to support the two story dwellings; and

WHEREAS, there exists in the Schedule of District Regulations the bulk criteria for uses no longer permitted in certain zones;

NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Council of the Borough of Point Pleasant Beach, County of Ocean, State of New Jersey, as follows:

SECTION I


The SCHEDULE OF DISTRICT REGULATION made a part of the Borough Code as an appendix to §19-9 shall be amended as follows:
1. Under the heading Zone District and Permitted Use, Highway Commercial HC the term ‘Single Family’ shall be deleted along with the zoning criteria listed for Single Family;

2. Under the heading Zone District and Permitted Use, Marine Commercial MC the term ‘Single Family’ shall be deleted along with the zoning criteria listed for single family.

3. Under the heading Zone District and Permitted Use, Limited Commercial LC the Building Height criterion for the ‘Single Family’ use shall be amended by striking the 20 foot height and replacing the height with 35 feet.

4. Under the heading Zone District and Permitted Use, Limited Commercial LC the Building Height criterion for the ‘Single Family’ use shall be amended by striking the 1 story limitation and replacing the permitted stories to 2.


The SCHEDULE OF DISTRICT REGULATION of the Borough of Point Pleasant Beach shall be revised to clearly set forth the criterion set forth above.


SECTION II

This Ordinance shall be subject to review and recommendation by the Borough Planning Board in accordance with N.J.S.A. 40:55D-26 and notice requirements of N.J.S.A 40:55D-62.1.


SECTION III

All ordinances or parts thereof which are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of their inconsistencies.


SECTION IV

The various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the ordinance shall not be affected thereby.

SECTION V

This Ordinance shall take effect immediately upon its final passage and publication as required by law and filing with the Ocean County Planning Board.


________________________________________
Borough of Point Pleasant Beach
Vincent Barrella, Mayor

NOTICE

TAKE NOTICE that the ordinance entitled as of above was introduced and passed on first reading at a regular meeting of the Mayor and Council of the Borough of Point Pleasant Beach held on the 30th day of July 2013 and will be further considered upon second reading for final passage at a regular meeting of the said Mayor and Council of the Borough of Point Pleasant Beach to be held on the 20th day of August 2013 at the Point Pleasant Beach Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey, at 7:30 p.m. or as soon thereafter as the matter may be reached, at which time and place any person desiring to be heard thereon will be given such opportunity.



Maryann Ellsworth, RMC
Municipal Clerk


Published July31, 2013 | New Ordinances | 1646


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