Egg Harbor City, NJ
Atlantic County
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Table of Contents
Table of Contents
[Amended 4-6-1989 by Ord. No. 5-1989; 3-15-1990 by Ord. No. 4-1990; 2-22-1996 by Ord. No. 2-1996; 8-26-1999 by Ord. No. 16-1999; 9-14-2006 by Ord. No. 17-2006]
In order to implement the goals and regulate and limit the type and location of uses and the density and intensity with which lands are to be utilized, the following districts have been established in conjunction with the uses set forth in this chapter.
District
Symbol
Residential (22,500-square-foot minimum lot)
R-22
Residential (11,250-square-foot minimum lot)
R-11
Residential (9,000-square-foot minimum lot)
R-9
Residential (6,000-square-foot minimum lot)
R-6
Residential (3.2-acre minimum lot)
R-3.2
Residential (forest, 20-acre minimum lot)
R-20F
Preservation
PA
Retail Commercial
RC
Highway Commercial
HC
Industrial
IND
Industrial Business Park
IBP
Commercial X
CX
Commercial Resort Recreation Overlay
CRR
Senior Citizen Housing Overlay
SCH
Antenna Overlay District
AO
Gateway Residential District
GR
[Amended 12-14-2006 by Ord. No. 27-2006]
All areas within the boundaries of Egg Harbor City have been assigned to a zoning district. Zoning district boundaries established by this chapter are shown upon the Zoning Map dated November 21, 2006, and any subsequent amendment thereof, which, together with all explanatory matter thereon, is declared to be a part of this chapter.[1]
[1]
Editor's Note: A copy of the Zoning Map is included in a pocket at the back of this volume.
Where uncertainty exists with respect to the boundaries of the various districts as shown on the Zoning Map which is made a part of this chapter, the following rules apply:
A. 
Unless otherwise shown, the district boundary lines shall be construed to coincide with the center lines of streets, alleys, parkways, waterways or such lines extended.
B. 
Where district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the rear or side lines, and, where the districts designated on the Zoning Map are bounded approximately by the rear or side lines, the rear or side lines shall be construed to be the boundaries of the district unless the boundaries are otherwise indicated on the Zoning Map.
C. 
In the event of subdivided property or question on the exact location of any boundary line, the determination of the Land Use Board shall prevail. The Board's members will be guided by the narrative description of district boundaries on file on the Clerk's office.
[Amended 8-28-2014 by Ord. No. 9-2014]
D. 
Where a lot or a parcel of land lies partially in the WL Wetlands District and partially in another zoning district in which the proposed development is a permitted use, the entire lot or parcel, including that portion zoned WL, shall be included in determining compliance with the minimum lot requirements of this chapter. All development activities must, however, be on upland areas of the site and meet the standards of this chapter.
A. 
Establishment of an Official Map. The Common Council may by ordinance adopt or amend an Official Map of Egg Harbor City, which shall reflect the appropriate provisions of the Master Plan. The Common Council may adopt an Official Map or amendment or revision thereto which, in whole or in part, is inconsistent with the appropriate designations in the subplan element of the Master Plan only by an affirmative vote of a majority of its full authorized membership, with the reasons for so acting recorded in the minutes when adopting the Official Map. Prior to the hearing on the adoption of any Official Map or any amendment thereto, the Common Council shall refer the proposed Official Map for amendment to the Land Use Board, which shall make and transmit to the Common Council within 35 days after referral a report including recommendation concerning the proposed Official Map or amendment or revision. The Common Council, when considering the adoption of the Map or any revisions or amendments thereto, shall review the report of the Land Use Board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations.
[Amended 8-28-2014 by Ord. No. 9-2014]
B. 
Effect of Official Map.
(1) 
The Official Map shall be deemed conclusive with respect to the location and width of streets and public drainageways and the location and extent of flood-control basins and public areas, whether or not such streets, ways, basins or areas are improved or unimproved or are in actual physical existence. Upon receiving an application for development, the Common Council may reserve for future public use the aforesaid streets, ways, basins and areas in the manner provided in Article I for the reservation of public areas.
(2) 
Following the adoption of the Official Map or any amendment or revision thereto, no permit for any building or structure in the bed of any street, drainageway, flood-control basin or public area shown thereon shall be issued by any official, board or agency of the City unless an Official Map variance has been authorized and the issuance of such permit has been directed pursuant to this article.
(3) 
Following the adoption of the Official Map or any amendment or revision thereto, no permit for the erection of any building or structure shall be issued unless:
(a) 
The street is shown on the Official Map, as amended or revised, is improved in accordance with the requirements of this chapter and is accessible to such building or structure;
(b) 
A street so improved gives such access and is either an existing public street, a street shown on a plat approved by the Land Use Board or a street shown on a plat duly filed with the Atlantic County Clerk prior to the adoption of any ordinance requiring the approval of such plat by Egg Harbor City; or
[Amended 8-28-2014 by Ord. No. 9-2014]
(c) 
A variance from such requirements has been granted and the issuance of such permit has been directed pursuant to this article.
(4) 
Public improvements shown on the Official Map, whether provided by a public agency or by a developer pursuant to this chapter, shall be laid out, designed, sized and installed as shown on the Official Map.
[Amended 8-28-2014 by Ord. No. 9-2014]
The Land Use Board may grant the following variances or relief from the application of this article upon the terms and conditions specified:
A. 
Variance to permit erection of a building or other structure within reserved public area. Whenever one or more parcels of land upon which is located the bed of a mapped street or drainageway, flood-control basin or other public area reserved pursuant to Article I on the reservation of public areas cannot yield a reasonable return for the owner unless a building permit is granted, the Land Use Board may, in a specific case by an affirmative vote of a majority of the full authorized membership of the Board, direct the issuance of a permit for a building or structure in the bed of such mapped street or public drainageway or flood-control basin or public area, which will, as little as practicable, increase the cost of opening such street or tend to cause a minimum change of the Official Map, and the Board shall impose reasonable requirements as a condition of granting the permit so as to promote the health, morals, safety and general welfare of the public.
B. 
Variance for relief to permit erection of a building or other structure which does not abut a street. Where the enforcement of this article requiring that no building permit be issued for any building or structure not abutting a street would entail practical difficulty or unnecessary hardship or where the circumstances of the case do not require the building or structure to be related to a street, the Land Use Board may, upon application or appeal, grant a variance from the application of this article and direct the issuance of a building permit for the proposed building or structure. Every such variance shall be so conditioned as to assure that adequate access to such building or structure will be provided for fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and so as to protect any future street layouts shown on the Official Map or on the general circulation plan elements of the Master Plan.