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ORDINANCE 2016-15 Amend Borough Code Chapter XIX, Sections 7, 8, 9, 11 & 13 to Permit Additional Parking West of Ocean Ave

ADOPTED: July 19, 2016

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 ESTABLISHEMENT 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 September 2015 Master Plan reexamination report states, on page 9 “As noted in the 2007 Master Plan Reexamination Report, Point Pleasant Beach Borough suffers from an extreme shortage of parking during the summer months (i.e., from June through September), especially when school is out and on the weekends. The parking shortage is most critical along the oceanfront by the amusement area, and the existing parking areas that service the area are often overcrowded;” and
WHEREAS, the September 2015 Master Plan reexamination report states, on page 7 “The Committee agreed that there is a need for more parking. Options include: deck parking at the eastern portion of Silver Lake, deck parking at the Inlet, designated off site and off street parking for boardwalk employees, and/or parking as permitted/conditional use on the West side of Ocean Avenue.);” and
WHEREAS, the September 2015 Master Plan reexamination report states, on page 7 “The Planning Board supports the recommendation of investigating ways to provide additional parking in these areas of the borough. However, the Board does not agree with parking decks as an option to provide parking;” and
WHEREAS, the Governing Body agrees with the Planning Board that parking decks are not an option for the Borough of Point Pleasant Beach in any zone or location; and
WHEREAS, the Governing Body agrees that there is a need for more parking in the amusement area of Ocean Avenue on the west side; and
WHEREAS, Ordinance 2016 - 15 , consistent with the Master Plan, and the Master Plan Reexamination Report of 2015, addresses the need for more parking, and, specifically makes parking a permitted use on a two and ½ block area on the west side of Ocean Avenue near the amusement area as requested in the Master Plan Reexamination Report as detailed above; and
WHEREAS, the September 2015 Master Plan reexamination report states, on page 13 “[i]t is recommended that the borough quantify the existing public and private, fee-based parking areas near the boardwalk, and attempt to maximize parking options while buffering residential neighborhoods;” and
WHEREAS, Ordinance 2016 – 15 specifically addresses the need to maximize the use of existing parking spaces in the area west on Ocean Avenue and on Inlet Drive; 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, and specified retail establishments; 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) and permitting public parking in presently existing lots servicing restaurants, retail establishments and day boat businesses that abut Inlet Drive or Ocean Avenue would further the objectives of the Master Plan and be consistent with the Master Plan, the Master Plan reexamination report dated September of 2015, and the Flood Hazard Management Plan of 2015;

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 99, Lots 1, 2, 3, 4, and 26
Block 100, Lots 1, 27, 28, and 29
Block 123, Lots 1, 2, and 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:

Any restaurant. retail, or day fishing business which contains an existing parking lot where the property abuts to Ocean Avenue or Inlet Drive 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.

Chapter XIX of the Code of the Borough of Point Pleasant Beach entitled “Development,” Section 9.6 entitled “RC Resort Commercial” shall be amended by deleting the present section 9.6 and replacing it with the following:

19-9.6 RC Resort Commercial.
a. Principal Permitted Uses on Land and in Buildings.
1. Bathing beaches and bathing pavilions.
2. Retail sales of goods and services, except the retail sale of liquor.
3. Parking lots where the parking lot has frontage on Ocean Avenue.
b. Conditional Uses. The following conditional uses shall be permitted subject to the provisions of subsection 19-12.3:
1. Amusement buildings, devices, rides and structures only in that portion of the RC Zone shown on the Official Zoning Map and conditionally permitting such use and further subject to subsection 19-12.3e.
2. Restaurants including takeout restaurants provided:
i) The Restaurant is located on the east side of Ocean Avenue only; and
ii) The condition and operation of any restaurant will not result in the reduction of any existing off-street parking serving uses in the RC Zone.
3. Bed-and-breakfast inns (subject to subsection 19-12.3f).
c. Permitted Accessory Uses.
1. Off-street parking (see subsection 19-11.7).
2. Signs (see subsection 19-11.10).
3. Fences and walls (see subsection 19-11.4).

SECTION VI.

Chapter XIX of the Code of the Borough of Point Pleasant Beach entitled “Development,” Section 11.7 entitled “Off-Street Parking, Loading and Driveways” shall be amended by adding to section 19:11-7(4) the following at the end of the present paragraph:

In the RC Zone all parking lots with frontage on more than one street shall have all exits on a County Road.

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

SECTION IX. 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 21st day of June, 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 July, 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 June22, 2016 | New Ordinances | 2357


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