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ORDINANCE 2016-05 Additional Ocean Ave Parking

TABLED: April 19, 2016

ORDINANCE 2016-05
AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH,
COUNTY OF OCEAN AND STATE OF NEW JERSEY, RE ZONING CERTAIN PARCELLS ON THE WEST SIDE OF OCEAN AVENUE AND PERMITTING PARKING IN RETAIL ESTABLISHMENT PARKING LOTS TO PROVIDE ADDITIONAL PARKING FOR THE RESORT COMMERCIAL DISTRICT
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WHEREAS the Governing Body of Point Pleasant Beach (hereafter “Borough”) is mindful of its Zoning Ordinances; and
WHEREAS, the Borough has recently completed a Master Plan Reexamination; and
WHEREAS, the Masterplan Reexamination recognized the lack of sufficient parking within the Borough; and
WHEREAS, the Masterplan Reexamination recommends maximizing parking options near the beach while buffering adjoining residential neighborhoods; and
WHEREAS, the Borough passed Ordinance 2015-20 to improve the quality of life for its residents; and
WHEREAS, maximizing the use of existing parking will improve the current parking deficiency, and;
WHEREAS, the RC Zone permits amusements as a conditional use on the east side of Ocean Avenue from Trenton Avenue north to approximately 150 feet north of the easterly extension of Point Pleasant Parkway; and
WHEREAS, the Borough recognizes the need for additional parking within this amusement area; and
WHEREAS, the Borough maintains a 448 stall parking lot west of the amusement zone; and
WHEREAS, there are several other parking lots west of the amusement zone serving the general public which are not permitted uses; and
WHEREAS, the balance of private uses west of the amusement zone are not permitted uses; and
WHEREAS, the RC Zone permits parking lots, retail establishments and conditionally restaurants; and
WHEREAS, such uses are consistent with a majority of the existing uses west of the amusement area, and
WHEREAS, placing certain properties within the Resort Commercial (RC) Zone would render their present use a conforming use; and
WHEREAS, rezoning certain properties to Resort Commercial (RC) would further the objectives of the Master Plan;

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

SECTION I.
The following parcels are hereby rezoned to the Resort Commercial (RC) Zone.

Block 65, Lots 1 and 2
Block 81, Lots 1, 3
Block 99, Lots 1, 2, 3, 4, 24, 25, 26
Block 100, Lots 1, 27, 28, 29
Block 123, Lots 1, 2, 3, 37:


SECTION II.

Chapter XIX of the Code of the Borough of Point Pleasant Beach entitled “Development,” Section 7 entitled “Definitions and Descriptions” at subsection 7.1 shall be amended by deleting the present definition of “Parking Space” and replacing it with the following:

Parking Space. An off-street space available and accessible for the parking of a motor vehicle and which is held to be an area nine feet wide and 18 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.

SECTION III.

Chapter XIX of the Code of the Borough of Point Pleasant Beach entitled “Development,” Section 11 entitled “General Provisions” at subsection 7 entitled “Off-Street Parking, Loading and Driveways” at 11.7(a)(3)(a) shall be amended by deleting the first sentence and replacing it with the following:

Off-street parking lots and loading areas, together with their access aisles, driveways and fire lanes, shall not occupy more than 35 percent of the lot area except where the parking lot is the principal use.

SECTION IV.

Chapter XIX of the Code of the Borough of Point Pleasant Beach entitled “Development,” Section 11 entitled “General Provisions” at subsection 7 entitled “Off-Street Parking, Loading and Driveways” at 11.7.5 shall be amended by adding the following paragraph:

A commercial establishment which contains an existing parking lot where the property abuts to Ocean Avenue may establish a public parking area. The establishment of such use shall require a mercantile license be issued by the Borough of Point Pleasant Beach.

SECTION V. In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance or any remaining part of this Ordinance other than the part held unconstitutional or invalid.

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

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

NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and approved on first reading at the regular meeting of the Borough Council of the Borough of Point Pleasant Beach, in the County of Ocean, held on the 15th day of March, 2016, and will be considered for second reading and final passage at the regular meeting of said governing body to be held on the 19th day of April, 2016, at 7:30 p.m. in the Council Chambers, Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey at which time and place any person desiring to be heard will be given an opportunity to be so heard.

______________________________
EILEEN FARRELL, RMC
Municipal Clerk


Published March15, 2016 | New Ordinances | 2293


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