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ORDINANCE 2017- 31 Amend Chapter XIX to Add Permitted Uses in HC Zone

Adopted: December 19, 2017

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING CHAPTER XIX OF THE BOROUGH CODE ENTITLED “DEVELOPMENT”
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WHEREAS, the Borough of Point Pleasant Beach, in the County of Ocean and State of New Jersey (the “Borough”) has a comprehensive Master Plan and Development Ordinances implementing that Master Plan; and

WHEREAS, recently a “learning center” was located in a strip mall arguing it was providing “services” as allowed in the Highway Commercial zone; and

WHEREAS, the Borough desires to ensure that schools, including “learning centers” are located in the appropriate areas of town and with appropriate conditions consistent with the Master Plan ; and

WHEREAS, by Ordinance 2017 – 17 the Borough revised the allowed uses to eliminate retail services from the permitted uses in the commercial zones; and

WHEREAS, consistent with the Master Plan, fitness centers, weight rooms, gyms, dance and yoga studios fit as permitted uses in the Highway Commercial Zone.



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

SECTION I.

Chapter XIX of the Borough Code is hereby amended as follows:

1. Fitness centers, weight rooms, gyms, dance and yoga studios shall be included in 19-9.5(a) as permitted uses.


SECTION II.

All ordinances or parts thereof, which are inconsistent with the provisions of this Ordinance, are hereby repealed to the extent of their inconsistencies.

SECTION III.

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


SECTION V.
The County Planning Board shall be provided notice of this proposed ordinance in accordance with N.J.S.A. 40:27-6.10.



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


Approved this ___ day of ________, 2017:


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Borough of Point Pleasant Beach
Stephen D. Reid, Mayor




NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and approved on first reading at the regular meeting of the Governing Body of the Borough of Point Pleasant Beach, in the County of Ocean, held on the 5th day of December, 2017 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 December, 2017 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.

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EILEEN FARRELL, RMC
Municipal Clerk


Published December05, 2017 | New Ordinances | 2708


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