A.
This chapter is derived from a comprehensive ordinance regulating
and limiting the uses of land and the uses and locations of buildings
and structures; regulating and restricting the height and bulk of
buildings and structures and determining the area of yards and other
open spaces; regulating and restricting the density of population;
dividing the Borough of Oceanport, Monmouth County, New Jersey, into
zoning districts for such purposes; adopting a map of said Borough
showing boundaries and the classification of such districts; establishing
an Official Map for said municipality; establishing rules, regulations
and standards governing the subdivision and development of land within
the Borough; establishing a Planning Board; and prescribing penalties
for the violation of its provisions.
B.
The short form by which this chapter may be known shall be the "Land
Development Ordinance (LDO) of the Borough of Oceanport."
A.
This chapter is adopted pursuant to N.J.S.A. 40:55D-1 et seq., commonly
known as the "Municipal Land Use Law," which confers the power to
regulate the use of lands within its jurisdiction upon New Jersey
municipalities.
B.
This chapter is also based upon the duly recognized police powers
of a municipality and is an exercise of the same.
This chapter is adopted in order to promote and protect the
public health, safety, and general welfare and in the furtherance
of the following specific objectives:
A.
Ensure the coordinated development of the Borough in accordance with
its Master Plan.
B.
Limit congestion in streets: to limit congestion in the public streets
and so protect the public health, safety, convenience, and the general
welfare by providing for off-street parking of motor vehicles and
for the loading and unloading of commercial vehicles.
C.
Provide for adequate light and air.
D.
Protect against hazards: to provide protection against fire, explosion,
noxious fumes, and other hazards in the interest of the public health,
safety, comfort, and the general welfare.
E.
Regulate intensity of use: to regulate the intensity of use of lots
and to determine the area of open spaces surrounding buildings necessary
to provide adequate light and air, privacy and convenience of access
to property and to protect the public health.
F.
Regulate location of buildings: to establish building lines and the
location of buildings designated for residential, commercial, manufacturing,
or other uses within such lines.
G.
Establish standards of development: to fix reasonable standards to
which buildings or structures shall conform.
H.
Ensure the conservation and protection of open space and natural
features.
I.
Promote orderly development: to protect the character and maintain
the stability of residential, business and manufacturing areas within
the Borough and to promote the orderly and beneficial development
of such areas.
J.
Preserve and enhance the community character and small-town feel.
K.
Protect and renew natural resources and create man-made resources
that aid in flood protection and resiliency.
L.
Bolster multimodal travel opportunities.
M.
Promote complementary commercial uses in redevelopment areas, including
Fort Monmouth and Monmouth Park.
N.
Offer conveniently located public facilities and make them available
to all segments of the community.
O.
Ensure a high quality of life for all residents.
A.
The Borough Council affirms by its adoption of this chapter that
it has received and reviewed the Land Use and Housing Elements of
the Borough of Oceanport Master Plan, as duly adopted by the Borough
Planning Board, and that this chapter is substantially consistent
with the recommendations and provisions of those elements.
B.
The statement of objectives, principles, assumptions, policies, and
standards contained in the Oceanport Borough Master Plan is adopted
by reference and shall be considered applicable to this chapter.
C.
All future amendments to this chapter shall be made only after a
review of the Land Use and Housing Elements of the Master Plan and
in conformity with its statement of objectives, principles, assumptions,
policies, and standards.
The provisions of this chapter shall be held to be the minimum
requirements for the protection of the public health, safety, and
welfare. Where this chapter imposes a greater restriction than is
imposed and required by other provisions of the Code of the Borough
of Oceanport, or county, state, or federal government, the provisions
of this chapter shall control. Where such other laws, ordinances,
rules, regulations, or resolutions require greater restrictions than
are imposed by this chapter, the provisions of such other laws, ordinances,
rules, regulations, or resolutions shall control.
All uses not expressly permitted in this chapter are hereby
prohibited, including:
A.
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 6-17-2021 by Ord. No. 1039]
All applicable requirements shall be met at the time of erection,
enlargement, alteration, moving or change in use of the principal
use and shall apply to the entire structure or structures whether
or not the entire structure or structures were involved in the erection,
enlargement, alteration, moving or change in use.
A.
No building shall hereafter be erected, constructed, reconstructed,
moved, extended, converted, altered or demolished unless the owner
or contractor shall first obtain a zoning permit from the Zoning Official
in accordance with the further provisions of this chapter.
B.
No building shall hereafter be erected, constructed, reconstructed,
moved, extended, converted, altered or demolished unless the owner
or contractor shall first obtain a building permit from the Construction
Official in accordance with the further provisions of this chapter.
C.
When an application for a proposed structure or structures does not
meet the requirements of this chapter, the Zoning Official or his
duly authorized assistant shall refuse to issue a zoning or permit,
stating the reasons for said denial, which shall be a part of the
public record. The applicant may appeal to the Planning Board.
[Amended 9-16-2021 by Ord. No. 1044]
If, at the time of the enactment of this chapter, any building is being used or any building is being constructed or altered and is completed within six months thereafter in a manner or for a purpose which does not conform with requirements of this chapter, but which is not prohibited by any other existing ordinance of the Borough of Oceanport, such use, manner or purpose may be continued, and any building designed, arranged, intended or devoted to a nonconforming use may be reconstructed or altered, subject to § 390-10, nor shall any change of title or of right to possession affect such continuation of an existing use.
A.
Continuation.
(1)
Any use, located either within a building or other structure, or
on the land, which was lawful immediately prior to the effective date
of this chapter but which became nonconforming by virtue of this chapter
may be continued so long as the use is continued without abandonment,
including subsequent sales of the property.
(2)
Any building which was lawful immediately prior to the effective
date of this chapter but which became nonconforming by virtue of this
chapter may be continued or reconstructed if declared to be substandard
by any building, housing or related code or authority of the Borough,
provided that it shall comply with the area regulations of the district
in which it is located and reconstruction of the building is commenced
within one year.
(3)
Any lot which was lawful at the time of its creation, but which is
nonconforming by virtue of this chapter, may be continued to be used
for the use existing at the time the lot became nonconforming. Any
subsequent use of the lot which requires variances from the provisions
of this chapter shall be governed by the Planning Board.
B.
Expansion of nonconforming uses, buildings, or structures.
(1)
The expansion of nonconforming uses, buildings, or structures shall
be governed by the following rules:
(a)
A nonconforming use shall not be expanded, enlarged, or increased
in any way without the grant of a variance by the Planning Board.
(2)
No structural alterations may be made to any building or structure
which is itself nonconforming or which contains a nonconforming use
unless:
C.
Abandonment.
(1)
A nonconforming use of land or of a building shall be presumed to
have been abandoned if the active use of the land or building is discontinued
through inactivity or when there is an apparent act or failure to
act on the part of the tenant or owner to reinstate such use.
E.
Restoration of existing buildings.
[Added 9-16-2021 by Ord.
No. 1044]
(1)
Nothing in this section shall be construed to prohibit the restoration
of a nonconforming building or use destroyed or partially destroyed
by fire, explosion, act of God or act of public enemy, provided that
any building or use so partially destroyed may be reconstructed and
thereafter used only in such a manner as will not increase, enlarge
or extend the preexisting nonconformity.
(2)
The owner of any nonconforming building or use that is destroyed
or partially destroyed as above mentioned must apply for a building
(construction) permit to rebuild the same within 12 months from the
date of such destruction. If the application to rebuild is filed after
such twelve-month period, a building (construction) permit shall be
issued only for a conforming use. Nothing in this section shall prohibit
the restoration of a wall declared unsafe by the Construction Official.
F.
Nonconformance due to reclassification. The foregoing provisions
of this section shall apply to all buildings, structures, land or
uses which may hereafter be rendered nonconforming by reason of any
reclassification of zone districts under this chapter or any subsequent
change in the regulations of this chapter.
[Added 9-16-2021 by Ord.
No. 1044]
G.
Certificate of nonconformity. Any nonconforming use or structure
existing at the time of the passage of an ordinance may be continued
upon the lot or in the structure so occupied and any such structure
may be maintained or restored/repaired in the event of destruction
or partial destruction thereof. A certificate of nonconformity shall
not be required for said use or structure to continue, be maintained
or restored/repaired. If any nonconforming building, other than an
existing one-family or two-family detached dwelling or a service station,
shall be destroyed by reason of windstorm, fire, explosion or other
act of God or the public enemy, then such destruction shall be deemed
complete destruction, and the structure may not be rebuilt, restored
or repaired except in conformity with the regulations of this chapter.
[Amended 9-16-2021 by Ord. No. 1044]
(1)
If it is less than one year of an ordinance change making such building,
use, structure or lot nonconforming, a prospective purchaser, prospective
mortgagee, or any other person interested in any land upon which a
nonconforming use or structure exists may apply in writing to the
Zoning Officer for the issuance of a certificate certifying that the
use or structure existed before the adoption of the ordinance which
rendered the use or structure nonconforming. The applicant shall have
the burden of proof. Denial by the Zoning Officer shall be appealable
to the Planning/Zoning Board.
(2)
If it has been more than one year from an ordinance change making
such building, use, structure or lot nonconforming, a prospective
purchaser, prospective mortgagee, or any other person interested in
any land upon which a nonconforming use or structure exists may apply
in writing to the Planning/Zoning Board for the issuance of a certificate
certifying that the use or structure existed before the adoption of
the ordinance which rendered the use or structure nonconforming. The
applicant shall have the burden of proof.
(3)
A certificate of nonconformity shall not be required, including but
not limited to, where the following apply:
(a)
There is no physical expansion of a nonconforming use, structure,
accessory structure or driveway on the site.
(b)
The nonconforming use, structure, accessory structure or driveway
on the site is merely being replaced/improved/maintained (in kind).
(c)
There is no adverse impact on the parking inventory at the site.
(d)
There is no new variance created in connection with the subject
request.
(e)
There is no expansion/intensification/exacerbation of any previously
granted variance or any preexisting/grandfathered nonconforming conditions.
(f)
There is no adverse health/safety impact associated with the
request.
(g)
The interests of justice and sound planning are not unreasonably
compromised by the request.
(4)
In the event a request satisfies the above conditions, the Zoning
Officer is authorized to administratively issue a zoning permit.
