[Ord. #1091, § I]
It is the intent of the City in the creation of beach preservation and tidal flood plain zones to preserve the beach for public recreational purposes and also to prevent and eliminate conditions which in the event of flood and storm threaten the public health, safety and welfare and which lead to damage to or loss of property.
[Ord. #1091, § II; Ord. #1105, § 1; Ord. #1120, § 1; Ord. #1137, § 1]
As used in this Chapter:
- ATLANTIC OCEAN COASTAL BEACH ZONE
- Shall mean: The Atlantic Ocean Coastal Beach Zone between 23rd Street and 29th Street shall be that area between Atlantic Ocean Coast Line and a fixed line inland therefrom which shall be designated "Official Oceanfront Bulkhead Line of Ocean City, N.J." revised to 13th of August, 1975, the location of which shall be shown on drawing bearing title and dated August 13, 1975, copies of the aforesaid drawing are on file in the office of the City Clerk and are available for inspection.
- MEAN SEA LEVEL: MEAN SEA LEVEL 0.0
- Shall mean the elevation of tidal water surface midway between mean low tide (-2.01' feet) and mean high tide (+2.0' feet).
[Ord. #1091, § IIIA; Ord. #1127, § 1; Ord. No. 86-10]
No land shall be used nor any building erected or used in the Atlantic Ocean Coastal Beach Zone except for one or more of the following uses: Open space, beach and water recreation, protective sand dunes and related improvements including snow fencing and dune stabilization plantings, stairs and walkways for beach access and dune preservation, necessary buildings and structures for public safety and convenience including first aid stations, life guard stations, comfort stations, boardwalks, pavilions, piers, and related facilities, necessary shore protection and stabilization improvements including jettys, groins, bulkheads and related structures.
[Ord. #1091, § IIIB]
No land or buildings shall be used for any purpose not listed as a "Permitted Use" under this section.
[Ord. #1091, § IVA]
Within the Atlantic Ocean Coastal Beach Zone, all existing natural and man-made sand dunes and vegetation shall be preserved. Where sand dunes do not exist, sand dunes may be established through the use of sand fencing or other suitable means and stabilized with American Beachgrass (Ammophila breviliqulata) or other suitable plant materials. All protective sand dunes and vegetation shall be protected from damage by the restriction of pedestrian, equestrian and vehicular traffic. The use of dune buggies, motorcycles, motorbikes, jeeps and similar vehicles is prohibited within sand dune areas. Where necessary, trails and stairways through and over protective sand dunes may be provided for beach and water access.
[Ord. #1091, § IVB]
The removal, cutting, burning or destruction of the natural vegetation, sand fences and/or other types of beach protection devices in the Atlantic Ocean Coastal Beach Zone is hereby prohibited.
[Ord. #1091, § IVC]
The removal of sand from the beaches by other than governmental authorities is hereby prohibited.
Editor's Note: Former Sections 19-5, Nonconforming Uses and 19-6, Design and Construction Standards, previously codified herein and containing portions of Ordinance Nos. 1091 and 1092 were repealed in their entirety by Ordinance No. 86-10.
[Ord. #1091, § VIII]
Whereby, by reason of exception or situation, the strict application of this Chapter would result in exceptional or practical difficulties to or undue hardship upon the owner of any land, the owner may apply to the Zoning Board of Adjustment for a variance from the strict application of this section. The same procedure established by law for Zoning Variances shall be followed in seeking variances from the strict application of this section. The Zoning Board of Adjustment, if it finds that a special exception should be granted, shall so recommend to the City Council, and the City Council shall make the final determination.