A.
The chapter which follows was developed by the City
of Somers Point Planning Board to promote the public health, safety,
morals, general welfare and all other purposes enumerated in the New
Jersey Municipal Land Use Law, Chapter 291, Laws of New Jersey, 1975.[1] The regulations and districts appearing here are consistent
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
with the land use element of Somers Point's Master Plan.
B.
It is the intent and purpose of this chapter to:
(1)
Encourage municipal action to guide the appropriate
use or development of all lands in this state in a manner which will
promote the public health, safety, morals and general welfare.
(2)
Secure safety from fire, flood, panic and other natural
and man-made disasters.
(3)
Provide adequate light, air and open space.
(4)
Ensure that the development of individual municipalities
does not conflict with the development and general welfare of neighboring
municipalities, the county and the state as a whole.
(5)
Promote the establishment of appropriate population
densities and concentrations that will contribute to the well-being
of persons, neighborhoods, communities and regions and preservation
of the environment.
(6)
Encourage the appropriate and efficient expenditure
of public funds by the coordination of public development with land
use policies.
(7)
Provide sufficient space in appropriate locations
for a variety of residential, recreational, commercial and industrial
uses and open space, both public and private, according to their respective
environmental requirements in order to meet the needs of all New Jersey
citizens.
(8)
Encourage the location and design of transportation
routes which will promote the free flow of traffic while discouraging
the location of such facilities and routes which result in congestion
or blight.
(9)
Promote a desirable visual environment through creative
development techniques and good civic design and arrangements.
(10)
Promote the conservation of open space and valuable
natural resources and to prevent urban sprawl and degradation of the
environment through improper use of land.
(11)
Encourage planned unit developments which incorporate
the best features of design and relate the type, design and layout
of residential, commercial, industrial and recreational development
to the particular site.
(12)
Encourage coordination of the various public
and private procedures and activities shaping land development with
a view of lessening the cost of such development and to the more efficient
use of land.
A.
Long title. An Ordinance Establishing Zoning, Subdivision
and Site Plan Regulations Covering the Use and Development of Land
and Structure, Lot Area, Lot Coverage of Buildings and Other Structures,
Population Density, Parking Provisions, Height, and to Divide the
City into Zoning Districts Each with Specific Regulations, in Accordance
with Provisions of the New Jersey Municipal Land Use Law.
B.
Short title. This chapter will be known and may be
cited as the "City of Somers Point Developmental Ordinance."
The regulations established by this chapter
shall be held to be the minimum requirements and shall apply uniformly
to each class or kind of structure or land. It is not the intention
of this chapter to interfere with, abrogate or annual any easements,
covenants or other agreements between parties; provided, however,
that where this chapter imposes a greater restriction with regard
to use, height or open space, the provisions of this chapter shall
govern.
A.
Use of land; construction of buildings.
[Amended 7-9-1992 by Ord. No. 20-1992]
(1)
On and after the effective date of this chapter, no
land or building shall be used, constructed, located, altered, rebuilt
or enlarged for any purpose within Somers Point except in conformity
with the restrictions and regulations established by this chapter
for the district in which such land or building is located and in
conformity with all other pertinent terms and provisions of this chapter.
(2)
Nothing in this chapter, however, shall be deemed
to prevent normal maintenance and repair, structural alteration to
or the reconstruction of a noncomplying building, provided that such
action does not increase or extend the degree of or create any new
nonconformity with regard to the regulations pertaining to such buildings
or the lot upon which they are constructed (e.g., an undersized house,
situated closer to the street line than now specified, may have an
addition on the back, provided that side and rear yards are not invaded);
except that the floor area of a single-family house that occupies
a lot that is smaller than the minimum lot area for the district in
which the house is located, may be increased by not more than 20%
of the floor area existing as of the date of adoption of this chapter,
provided that all other provisions of this chapter are complied with.
B.
Existing uses and structures. In all districts, after
the effective date of this chapter, any existing building or structure
and all tracts of land, the use of which is not in conformity with
the regulations for the district in which it is located, shall be
deemed as nonconforming and subject to the appropriate regulations
of this chapter governing such nonconforming lots, uses and structures.
C.
Failure to comply. Any building constructed, rebuilt,
altered or located on or after the effective date of this chapter
in violation of the restrictions and regulations established for the
district in which it is located or in violation of other pertinent
terms or provisions of this chapter shall be changed, altered, corrected
or relocated by the person who constructed or located such building
and by the owner of the land on which it is situated, so that both
building and premises shall conform to all provisions of this chapter.
Such change, alteration, correction or relocation shall be made within
30 days after notification, in writing, by the Zoning Officer to the
person who constructed, altered or located the building and the owner
of the land on which it is located. Such notification shall be by
personal service on those to be served or by certified or registered
mail, return receipt requested, to the last known address of those
to be served.
