[Ord. No. 1038 § 100]
This chapter shall be known as the Zoning Chapter of the Code
of Sea Isle City.
[Ord. No. 1038 § 101; Ord. No. 1431 § CIV]
Whereas the Governing Body of the City deem it necessary to
the promotion of the health, safety, morals and the general welfare
of the City, to regulate therein the use and the size and location
of buildings, and the size and locations of yards and other open space
in relation to buildings, the following districts are hereby created
wherein the following regulations shall hereafter govern.
[Ord. No. 1038 § 102]
Due public notice and hearing as required by this chapter shall
be interpreted as being the same as applies to all other ordinances
of the City.
[Ord. No. 1038, § 103.01]
In their interpretation and application the provisions of this
chapter shall be held to be the minimum requirements for the promotion
of the public health, safety, comfort, convenience and general welfare.
It is not intended by this chapter to repeal, abrogate, annul or in
any way impair or interfere with any provisions of law, or any rules,
regulations, or permits previously adopted or issued, or which shall
be adopted or issued pursuant to law relating to the use of buildings
or premises, nor is it intended by this chapter to interfere with
or abrogate, or annul any easements, covenants, or other agreements
between parties; provided, however, that where this chapter imposes
a greater restriction upon the use of buildings or land, or upon height
of buildings, requires larger yards, courts or other open spaces than
are imposed or required by such existing provisions of law, or by
such rules, regulations, easements, covenants, or agreements, the
provisions of this chapter shall control, and contra, where a greater
restriction is provided by ordinance or otherwise, the greater restriction
shall control.
[Ord. No. 1038 § 103.02]
Whenever the provisions hereof conflict with those of any other
ordinance of the City, the more stringent provisions shall prevail.
[Ord. No. 1038 § 103.03]
If any provision of this chapter, time period or notice requirement
or any other matter should at any time be inconsistent with, or less
than any requirement imposed by laws of the State or resulting from
a decision of the court of last resort, any such statutory provision,
court decision or greater requirement shall supersede and be automatically
effective in lieu and in place of any inconsistent or lesser provision
or requirement as contained in this chapter.
[Ord. No. 1038 § 103.04]
If any section, paragraph, subdivision, clause or provision
of this chapter shall be adjudged invalid, such adjudication shall
refer and apply only to that section, paragraph, subdivision, clause
or provision so adjudged and the remainder of this chapter shall remain
valid and effective.
[Ord. No. 1038 § 103.05]
If there are multiple regulations which apply to any condition
or situation, the more stringent regulations shall apply.
[Ord. No. 1468 (2009) § XI]
The City of Sea Isle City shall be exempt from any and all site
plan, subdivision and zoning applications and requirements, subject
to review and approval by the Construction Official and the Director
of the Department of Community Development including but not limited
to chapters:
[Ord. No. 1038 § 104.01; Ord. No. 1431 § CV]
The Governing Body may on its own motion or on petition, after
public notice and hearing, amend, supplement or change the regulations
and districts established and adopt rules and regulations for the
purpose of interpreting and carrying the chapter into effect.
[Ord. No. 1038 § 104.02; Ord. No. 1431 § CVI]
When owners of more than fifty (50%) percent of the frontage
within a district or part of a district comprising not less than one
(1) block shall present to the Governing Body a duly signed petition
for the change, relocation or revision of such district or part of
a district, the Governing Body shall act upon such petition within
sixty (60) days after the filing of such petition with the Municipal
Clerk. Such petition shall be accompanied by a map showing the area
for which the change of districts is asked and all immediately abutting
property and uses thereof, and shall be accompanied by a statement
setting forth the grounds or reasons for the proposed change.
[Ord. No. 1038 § 104.03; Ord. No. 1431 § CVII]
All such proposed changes of the chapter or relocation of districts
or parts of districts will be referred by the Governing Body to the
Planning Board for study and report. In the event of an unfavorable
report from the Planning Board, or in case of protest against such
proposed change, signed by the owners of twenty (20%) percent or more
of the area of the lots included in such proposed change, or of those
immediately adjacent in the rear thereof, extending one hundred (100')
feet from the street frontage of such opposite lots, such amendment
shall not become effective except by the majority vote of the full
authorized membership of the Governing Body.
[Ord. No. 1038 § 105]
The City of Sea Isle City Zoning Ordinance No. 657, as amended,
is hereby specifically repealed. Any other ordinance which may refer
to the City of Sea Isle City Zoning Ordinance shall be deemed to refer
to this chapter.
[Ord. No. 1038 § 106.01]
For State law as to the authority of a city relative to zoning,
see N.J.S.A. 40:55D-1 et seq.
[Ord. No. 1038 § 106.02]
For State law as to the Board of Adjustment generally, see N.J.S.A.
40:55D-69 et seq. as amended per Municipal Land Use Law, Chapter 291,
Laws of New Jersey, 1975.
