[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; 9-26-2019 by Ord. No. 11-2019]
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
|
[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.
