[Ord. No. 1992-32 § 5.1; Ord. No. 2000-02; Ord.
No. 2001-21 § 3; Ord.
No. 2006-23 §§ 2, 3]
a.
Establishment, Authentication, Maintenance, and Revision.
1.
Zoning Map. The locations and boundaries of the districts of the
Borough are hereby established as shown on the Zoning Map of the Borough
of Belmar, New Jersey which is attached hereto and is hereby made
a part of this chapter, together with all notations, references and
designations shown thereon and dated and amended as follows:
2.
Schedule of Zoning District Requirements. District regulations for
zone districts within the Borough of Belmar are hereby established
and are attached hereto and are hereby made a part of this chapter,
together with all notations, references and designations shown thereon.[2]
[2]
Editor's Note: Schedules referred to herein can be found as
an attachment to this chapter.
3.
Schedule of Uses. Permitted uses within each zone district in the
Borough of Belmar are hereby established and attached hereto and are
hereby made a part of this chapter, together with all notations, references
and designations shown thereon.
4.
Authentication of Zoning Map. Subsequent to the adoption of this
chapter, and any revisions to the Zoning Map, three copies of the
Zoning Map shall be authenticated by the Mayor's signature, and the
seal of the municipality, attested by the Borough Clerk, under the
following certificate:
"I certify that this is the Official Zoning Map of the Borough
of Belmar, New Jersey, referred to in the Ordinances of the Borough
of Belmar, New Jersey."
5.
Maintenance of the Zoning Map. Authenticated copies of the Zoning
Map shall be maintained in the office of the Borough Clerk and Zoning
Officer and shall be made available for public reference. Copies of
all or a part of the Zoning Map may be reproduced for public distribution.
One authenticated copy shall be forwarded to the Monmouth County Planning
Board in accordance with N.J.S.A. 40:55D-16. However, the original
copy of the Zoning Map maintained in the office of the Borough Clerk
shall be the final authority as to the current status of zoning districts
in the Borough of Belmar.
6.
Revisions to the Zoning Map.
(a)
When, in accordance with the provisions of this chapter and
of State law, revisions are made in district boundaries or other matters
portrayed in the Zoning Map, the Zoning Map shall be amended with
an entry bearing the date of adoption, ordinance number, a brief description
of the change(s).
(b)
No changes of any nature shall be made to the Zoning Map except
in conformity with the above procedure. Any unauthorized changes to
the Map or its contents by any person or persons shall be considered
a violation of this chapter.
b.
Interpretation of District Boundaries.
1.
Zone district boundaries are intended to follow street, lot or property
lines, or other natural lines such as the center line of water courses,
ditches or lagoons, unless such district or zone boundaries are fixed
by dimension on the Zoning Map or by description, and shall include
contiguous riparian lands subsequently acquired and/or filled, and
lands acquired by the accretion or stream diversion by natural causes.
2.
In constructing the Official Zoning Map, the following rules shall
apply:
(a)
Boundaries indicated as following the center lines of streets,
highways or alleys or streams, rivers or other bodies of water shall
be construed to follow such center lines.
(b)
Boundaries indicated as approximately following plotted lot
lines shall be construed as following such lot lines.
(d)
Where a zone boundary fixed by dimensions approximately follows
and is not more than 20 feet distant from a lot line, such lot line
shall be construed to be the zone boundary.
[1]
Editor's Note: Zoning maps may be purchased in the Belmar
Municipal Building, Office of Construction.
[Ord. No. 1992-32 § 5.2; Ord. No. 1994-54; Ord.
No. 1996-10 § 1; Ord.
No. 2000-15 §§ xii, xiii; Ord. No. 2001-21 § 1; Ord. No. 2004-02; Ord.
No. 2004-12 § i]
a.
The Borough of Belmar is hereby divided into districts as follows:
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R-100
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Single-Family Residential Zone District
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R-75
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Single-Family Residential Zone District
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R-70
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Single-Family Residential Zone District
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R-50
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Single-Family Residential Zone District
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R-40
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Single-Family Residential Zone District
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R-36
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Single-Family Residential Zone District
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R-1-50
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Single-Family Residential Zone District
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CBD-1
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Central Business District
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CBD-2
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Central Business District
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B-C
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Beachfront Commercial District
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MC-1
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Marine Commercial District
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MC-2
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Marine Commercial District
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PB
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Public Use Overlay District
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PO-75
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Professional Office Zone District
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PRD
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Planned Residential Development (Age 55 and Older) District
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b.
The regulations set forth in this chapter for each district shall
be minimum regulations and shall apply uniformly to each class of
structure or land within the district, except as hereinafter provided.
c.
No building or structure shall hereafter be erected and no existing
building or structure shall be moved, altered, added to or enlarged,
nor shall any land or building or portion of a building or structure
to be used, designed, or arranged to be used for any purpose unless
in conformity with all of the regulations herein specified for the
district in which it is located.
d.
Every principal building shall be located on a lot as defined in
this chapter, except for nonresidential development, no more than
one principal building and its accessory buildings shall hereafter
be erected on any one lot.
e.
Yards or lots created after the effective date of this chapter shall
meet the minimum requirements established by this chapter.
[Ord. No. 1992-32 § 5.3; Ord. No. 1994-20 § 5; Ord. No. 1996-34 § 2; Ord. No. 2003-24; Ord.
No. 2003-29]
a.
Any use, except for essential services, which is not specifically
listed as a permitted use, an accessory use or a conditional use shall
be deemed a prohibited use.
b.
Prohibited uses shall include but not be limited to the following:
1.
All billboards, signboards, advertising signs and devices not expressly
related to the business being conducted on the premises or otherwise
specifically permitted by this chapter.
2.
Roller coaster, ferris wheels, whirl-a-gig, midways or side shows,
and similar outdoor commercial recreation uses.
3.
Auction markets.
4.
Trailer coach parks.
5.
Junk yards, automobile wrecking yards or disassembly yards, or the
storing of scrap metal, paper, rags, or other scrap material, except
for recycling operations operated by or with the approval of the Borough.
6.
Privately operated dumps for the disposal of garbage, trash, refuse,
junk, or other such material.
7.
Adult book stores.
8.
Peep shows.
9.
Massage parlors.
10.
Explosive storage, except small arms ammunition, or by special permit,
where explosives are to be used on the premises.
11.
Pylon signs.
12.
Incineration, reduction, storage or dumping of slaughterhouse refuse,
rancid fats, garbage, or dead animals.
13.
Kennels and veterinary hospitals.
14.
Manufacturing plants.
15.
The open storage in any yard of more than one unlicensed or inoperative motor vehicle; or the open storage in a front yard of any unlicensed or inoperative motor vehicle; or the open storage of new or used parts of any motor vehicle or trailer, or material which has been a part of any motor vehicle or trailer except where permitted as a conditional use in conjunction with a motor vehicle service station pursuant to Article 6, Subsection 40-6.5 of this chapter.
16.
The overnight storage of any commercial vehicle in residential zones,
except that one such vehicle having a gross weight of not more than
18,000 pounds may be stored in a side or rear yard provided such vehicle
is owned by the resident.
17.
Radio towers and antennas except as herein permitted.
18.
Slaughtering and slaughterhouses.
19.
Travel trailer parks, trailer parks, mobile home parks.
20.
Any airport, landing field, landing strip, heliport, helistop, off-heliport
landing site, sport parachuting center or any other facility used
for the landing or take-off of any aircraft, either as a primary use
or as a use accessory, auxiliary or incidental to any primary use.
21.
The manufacture, transportation, storage or utilization of genetically
engineered material.
22.
Any use which emits excessive or objectionable amounts of dust, fumes, noise, odor, smoke, vibration, glare or waste products. See Performance Standards for details, Article 7, Subsection 40-7.22 of this chapter.
23.
The use of any building or premises in such a manner that the health,
morals, safety or welfare of the community may be endangered.
24.
New and used car dealerships.
25.
Restaurants, drive-in.
26.
Tattoo businesses.
27.
Gas stations and auto repair shops.
28.
Pool and billiard halls.
29.
Telemarketing or telesales.
30.
Nightclubs.
31.
Bars/taverns/pubs, except in the CD-1 Zone.
32.
No use involving the sale of alcohol involving the on-premises consumption
of alcohol shall be permitted in the Seaport Development Zone except
for restaurants with liquor licenses as defined in the Development
Regulations.
33.
All
classes of cannabis establishments or cannabis distributors or cannabis
delivery services as said terms are defined in section 3 of P.L. 2021,
c. 16, but not the delivery of cannabis items and related supplies
by a delivery service.
[Added 8-3-2021 by Ord. No. 2021-20]
Within the public use overlay district such commercial and recreational
facilities, municipal buildings, parks, playgrounds, and other municipal
facilities as are deemed necessary and appropriate by the Borough
Council are permitted.
[Ord. No. 2004-02 § 1; Ord. No. 2004-20 § 1]
a.
To provide for the creation of a planned residential development
district for persons 55 years of age and older, as a conditional use
within the CBD-2 zone located in the western portion of the Borough
of Belmar along the Route 71 corridor, and a portion of the R-50 zone
along the southern side of Fourteenth Avenue starting at a point intersecting
with Route 71, designated PRD.
b.
Regulations. The PRD district regulations shall require:
1.
Minimum lot size: two acres;
2.
Minimum lot frontage on Route 71: 680 feet and 275 feet along the
southern side of Fourteenth Avenue, starting at a point intersecting
with Route 71;
3.
Minimum yard requirements: twenty-foot front yard setback, ten-foot
side yard setback, twenty-five-foot rear yard setback;
4.
Density: Maximum 11 dwelling units per acre;
5.
Principal building height shall not exceed 35 feet and 2 1/2
stories;
6.
Permitted structures shall be a single-family, two bedroom, 2 1/2
story "townhouse style" residential unit, developed as not less than
two side-by-side residential clusters, nor more than four side-by-side
residential clusters for housing of individuals 55 years of age and
older;
7.
Accessory building setback: five foot side yard, five-foot rear yard;
8.
Accessory structures shall not exceed 10 feet in height and shall
only be located in the side or rear yard in accordance with these
district regulations;
9.
Off-street parking: 2.3 parking stalls per dwelling unit, with a
garage and driveway configuration conforming to the Residential Site
Improvement Standards (RSIS) standards;
10.
Maximum building coverage not to exceed 35%; maximum lot coverage
impervious surface not to exceed 65%;
11.
Age restriction housing for persons 55 years of age and older;
12.
Landscaping design, lot lines adjacent to residential and commercial uses shall be buffered and conform to design standards of Subsection 40-8.4; provided, however, that a minimum twenty-foot buffer area from Route 71 shall be required;
13.
Curb construction, sidewalk construction, street grade, intersections,
pavement construction shall meet RSIS;
14.
Fences, hedges, wall and vision clearances shall conform to design standards of Subsection 40-7.25;
15.
Rear yard deck areas shall be permitted accessory structures, conforming to Subsection 40-7.8f, provided the same shall not encroach into the rear yard setback greater than eight feet;
16.
Permitted principal uses shall be: single-family residential cluster
dwellings, municipal services and facilities and public parks;
17.
Permitted accessory uses shall be: noncommercial TV/radio antennas,
exempt signs as set forth in Subsection 40-7.24d, tool sheds, fences,
hedges, walls and private garages and essential services;
18.
Required accessory uses shall be off-street residential parking,
off-street guest parking areas and buffers;
19.
Except as set forth hereinabove, the PRD shall meet the design and
guideline standards for subdivision and site plans set forth at Article
8 of the Development Regulations.
[Ord. No. 2006-03 § II]
The maximum permitted floor area ratio, maximum lot coverage
(impervious surface) and maximum permitted building coverage for properties
in residential zoning districts (i.e.: zones with an "R" prefix, such
as R-40, R-50, etc.) are set forth in Schedule 40-5-1A.1, and shall
apply on the basis of the size of the lot that is subject of the development
application, and without regard to the residential zone in which it
is located. In addition to these requirements, development shall also
meet the design and guideline standards for subdivision and site plans
set forth in Article 8 of the Development Regulations and all other
applicable development regulations and municipal regulations and the
regulations of other applicable governmental and quasi-governmental
agencies.[1]
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Setback and Shape Requirements
R-75 Zoning District
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Interior Lots
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Corner Lots
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Minimum Lot Area
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7,500 square feet
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9,000 square feet
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Minimum Frontage
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50 feet
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60 feet
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Minimum Front Yard Setback
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20 feet
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20 feet
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Minimum Side Yard Setback
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5 feet
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5 feet
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Total 2 Side Yard Setbacks
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15 feet
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—
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Minimum Rear Yard Setback
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40 feet
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40 feet
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Minimum Diameter (Lot Shape)
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30 feet
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30 feet
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[1]
Editor's Note: Schedule 40-5-1A.1 referred to herein may be
found as attachments to this chapter.
