[1997 Code § 224-1]
A.
General intent.
(1)
The Development Ordinance which follows was developed by Absecon's
Planning Board to promote the public health, safety, morals, general
welfare and all other purposes enumerated in the New Jersey Municipal
Land Use Law, N.J.S.A. 40:55D et seq. The regulations and districts
appearing here are consistent with the land use element of Absecon's
Master Plan.
(2)
It is the intent and purpose of this chapter:
(a)
To 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.
(b)
To secure safety from fire, flood, panic and other natural and
man-made disasters.
(c)
To provide adequate light, air and open space.
(d)
To 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.
(e)
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, communities and regions and the preservation of the
environment.
(f)
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies.
(g)
To provide sufficient space in appropriate locations for a variety
of agricultural, 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.
(h)
To 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.
(i)
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements.
(j)
To promote the conservation of historic sites and districts,
open space, energy resources and valuable natural resources in the
State and to prevent urban sprawl and degradation of the environment
through improper use of land.
(k)
To 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.
(l)
To encourage senior citizen community housing construction consistent
with provisions permitting other residential uses of a similar density
in the same zoning district.
(m)
To 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.
(n)
To promote the conservation of energy through the use of planning
practices designed to reduce energy consumption and to provide for
maximum utilization of renewable energy sources.
(o)
To promote the maximum practicable recovery and recycling of
recyclable materials from municipal solid waste through the use of
planning practices designed to incorporate the State Recycling Plan
goals and to compliment municipal recycling programs.
B.
Title.
(1)
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 and 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."
(2)
Short title. This chapter will be known and may be cited as the "Absecon
Developmental Ordinance."
C.
Establishment of controls. 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 annul 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.
(1)
Use of land; construction of buildings. 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 Absecon
City 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)
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.
(3)
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.
