ARTICLE IV. ZONING PROVISIONS
21-17 Establishment of Zones.

For the purpose of this chapter, the Township of Ocean is divided into 20 zones known as:

R-1- Low Density Single Family Residential Zone

R-1T- Low Density Single Family Residential Transitional Zone

R-2- Low Density Single Family Residential Zone

R-3- Medium Density Single Family Residential Zone

R-4- Medium Density Single Family Residential Zone

R-4HO- Medium Density Single Family Residential/Home Professional Office Zone

R-5- Medium Density Single Family Residential Zone

R-6- High Density Single Family Residential Zone

R-7- Garden Apartment Residential Zone

R-3/PRD- Planned Residential Development Zone



AR3-PRD - Affordable Housing Zone

T-1- Transitional Office/Residential Zone

C-1 - Neighborhood Commercial Zone

C-2 - Highway Commercial Zone

C-3 - General Commercial Zone

C-4 - Regional Commercial Zone

C-5 - Limited Commercial Zone

C-6 - Community Mixed-Use Zone

I-1- Light Industrial Zone

O-1/20- Office/Limited Commercial Zone

O-1/40- Office-Research Zone

O-1/80- Office-Research-Limited Commercial Zone

O-2- Regional Office-Research Zone

SRI- Recreation Activities Zone

21-18 Official Zoning Map.

The aforesaid zones are hereby established by the designations, locations and boundaries thereof set forth and indicated on the official zoning map to be located in the office of the municipal clerk. A general map prepared by Robert E. Rosa Associates/James W. Higgins Associates dated Feb. 3, 1992, as amended, indicating such designations, locations and boundaries, shall be attached to all copies of the Zoning Ordinance.

The Official Zoning Map is hereby amended to create an "Alternative Single-Family Overlay Residential Option" in the R-3 Zone on the following lots:

Block 25.15 Lots 37, 38, 42, 44 and 45

21-18.1 Amendments.

If, in accordance with the provisions of this chapter, and the Revised Statutes of the State of New Jersey, changes are made in the zone boundaries or other matters portrayed in the map by the governing body, such changes shall be made thereon promptly by the municipal clerk after such amendment has taken affect as provided by law. For each such change in the map, note shall be made thereof in the revision box, of the date of revision, zone affected by the revision and of a brief identifying description of the revision. These changes are to be endorsed upon the map on the effective date of the amendment.

21-18.2 Unauthorized Changes; Penalty.

Unauthorized and intentional changes of any kind on the map or matter shown thereon shall be punishable by a fine not exceeding two hundred ($200.00) dollars or 90 days in jail, or both.

21-19 Rules for Interpretation of Zone Boundaries.

Whenever an uncertainty or ambiguity exists as to the true location of any boundary line of any zone shown on the Map, the zone boundary lines shall be decided by the zoning officer and may be appealed to the Zoning Board of Adjustment.

21-19.1 Center Lines.

Boundary lines indicated as following or approximately following streets, highways or other public or private ways, shall be construed to follow the center lines thereof.

21-19.2 Platted Lines.

Boundaries indicated as following or approximately following platted lot lines shall be construed as following such lot lines as the same appear on the tax map of the Township of Ocean.

21-19.3 Municipal Lines.

Boundaries indicated as following or approximately following municipal lines shall be construed as following such municipal lines.

21-19.4 Waterway Lines.

Boundaries indicated as following streams, rivers or other bodies of water shall be construed as following the center lines thereof.

21-19.5 Parallels and Extensions.

All distances between parallel or concentric lines or extensions or prolongations of features indicated, shall be construed to be a right angles in the case of parallel lines or radial in the case of concentric lines.

21-20 Regulations Applying to All Zones.

21-20.1 Conformity Required.

Except as hereinafter provided, no building or structure or part thereof, and no lot or land or part thereof, shall hereinafter be used except in conformity with the regulations herein prescribed. Any lawful use that does not conform to the use regulations of this chapter shall be deemed a nonconforming use except that uses granted as conditional uses by the appropriate municipal agency shall be deemed to be conforming uses. Any enlargement of a conditional use shall require reapplication to the same agency. Use variances granted by the Board of Adjustment or granted on appeal by the governing body or appropriate court shall be deemed legal nonconforming uses.

21-20.2 Nonconformity; Variance.

Except as hereinafter provided, no building or structure or part thereof shall hereinafter be erected, structurally altered, enlarged or rebuilt except in conformity with the lot dimension, yard, coverage, height and spacing regulations herein prescribed. Any building or structure that does not conform to such regulations, hereinafter referred to as the building regulations of this chapter, shall be deemed a nonconforming structure, irrespective of the use to which it is put. Building variances granted by the appropriate municipal agency shall be deemed to be conforming structures or uses.

21-20.3 Continuance of Nonconformance.

Any legally established existing use of a building or structure, lot or land, or part thereof, at the time of adoption of this chapter, which use constitutes a nonconforming use under the provisions of this chapter may be continued.

21-20.4 Construction of Chapter.

Unless the context indicates the contrary, the word "lot" shall include the word "plot"; the word "structure" shall include the word "building"; the word "may" is permissive. The word "use" and the word "used" refer to any purpose for which a lot or land or part thereof is arranged, intended, or designed to be used, occupied, maintained, made available or offered for use, or erected, reconstructed, altered, enlarged, moved, or rebuilt with the intention or design of using the same.

21-20.5 No Yards, Off-Street Parking and Loading and Open Space to be Used for Another Building.

No yard, or part thereof, or any other open space, or off-street parking or loading space required, about, or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

21-20.6 Reduction in Dimension or Area Prohibited.

No yard, lot, open space, parking or loading area or other areas required by this chapter that existed at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

21-20.7 Yards.

Except as hereinafter specified in this chapter, yards required by this chapter shall be entirely free of buildings or parts thereof.

21-20.8 Corner Lots.

Corner lots shall provide the minimum front yard setback requirements for the respective zone for all intersecting streets.

21-20.9 Projections.

Cornices and eaves, chimneys and bay windows shall not project more than two feet over any required yard or court except that no projection shall be closer than three feet to a lot line. Any projection over two feet shall be considered part of the principal building and shall conform to all setbacks.

21-20.10 Ornamental Features.

Sills, leaders, belt courses and similar ornamental or structural features shall not project more than six inches into any required yard or court.

21-20.11 Decks, Porches and Entries.

Porches and entries, uncovered or covered, shall be considered as part of the principal building and shall not project into required yard areas, unless otherwise permitted in this chapter.

21-20.12 Through Lot.

Through lots should be avoided, however in the event one exists, each frontage shall maintain the required lot width and front yard setback of the Zone in which the lot is located.

21-20.13 Location on an Improved Right-of-way.

Unless specifically stated otherwise in this Section, all front yards must face on a minimum 50 feet wide right-of-way for the required frontage of the lot. No building or use will be permitted on a lot unless that lot has the above required frontage on a minimum 50 feet right-of-way, and such frontage has been improved in accordance with the minimum municipal standards for one-half the width of the right-of-way or, at the discretion of the municipal engineer, such improvements have been guaranteed by cash or bond. (Amended February 14, 2001 - Ordinance 1883)

21-20.14 Measurement From Future Right-of-Way Lines.

Where a building lot has frontage upon a street which on the Master Plan or official map of the municipality is contemplated for right-of-way widening, the required front yard setback and lot area shall be calculated utilizing the proposed future right-of-way line.

21-20.15 Division of Lots.

Where a lot is formed from part of another lot, such division shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to any existing building or yards and open spaces in connection therewith. No permit shall be issued for the erection of a new building on a new lot thus created unless it complies with all the provisions of this chapter.

21-20.16 Soil Removal.

No soil, mineral or similar material may be removed from or placed on any lot, except that which is purely incidental to the construction of a building or structure. When the quantity of cubic feet to be excavated (except for building foundations and permitted accessory uses) or filled equals or exceeds two percent of the square feet of the lot to be filled or excavated, or in any event if the change in elevation is two feet or more, a variance shall be obtained from the appropriate municipal agency. Application for said variance must contain elevations or contours at not more that two foot intervals and proposed finished grades on a map drawn to a scale of not less than one inch equals 50 feet, which map shall be furnished by a licensed engineer or land surveyor. No fill material shall consist of any type of industrial wastes, building debris, obnoxious materials, or similar substances.

21-20.17 Outside Display.

No outside display of wares for sale, vending machines, or products manufactured on the site shall be permitted in the front yard on any lot, except as otherwise permitted by this chapter.

21-20.18 Roof Structures.

Roof structures such as mechanical equipment, water towers, etc. shall be screened from public view, or designed, in such a fashion as to complement the architecture of the building. This restriction shall not apply to solar panels erected on the roof of a building as long as it is demonstrated to the satisfaction of the Planning Administrator or his/her designee that the placement of the panels without screening is necessary for the efficient operation of the panels.

21-20.19 Walls, Fences and Hedges.

At the intersection of two or more streets, no wall, fence, hedge, or other structure shall be erected to a height in excess of two and one-half feet above curb level, nor any other obstruction to vision shall be permitted within the required sight triangle.

21-20.20 Specific Prohibition.

All uses not specifically permitted in a zone are specifically prohibited in that zone.

21-20.21 Site Plan for Off-Street Parking.

Site Plan approval shall be required to construct or expand off-street parking in all zones, except that no such permit shall be required for a driveway of a single family residence.

21-20.22 Trailers, Recreational Vehicles.

All trailers, trailer coaches, or automobile trailers or any vehicle or structure designed and constructed in such manner as will permit occupancy thereof as sleeping quarters for one or more persons, or the conduct of any business or profession, occupation or trade, and originally designed to be mounted on wheels or used as a conveyance or propelled or drawn by its own or other motive power and from which said wheels or other means of locomotion or transportation have been removed, shall be prohibited in the municipality. The municipal Building Inspector shall not issue a building permit, Certificate of Occupancy or other permits or certificates which will permit said trailers, trailer coaches, automobile trailers or other such vehicles, to be located within the territorial limitations of the municipality.

In residential zones, recreation vehicles, boat trailers, and boats shall be permitted to be stored in any yard but shall not be located any closer to a side or rear lot line than a permitted accessory building of similar size and height. They shall not be permitted to be stored in a front yard for periods exceeding 2 weeks. No boat or recreation vehicle shall be lived in by any person at any time. There shall be no more than one recreation vehicles stored on any residential lot at one time. There shall be no boat or recreation vehicle of more than 26 feet in length stored on a residential lot. No trailer or recreation vehicle shall be stored continuously on a lot for a period of more than one year.

21-20.23 Trailers.

All trailers whose prime purpose is to sell, store, maintain, and repair goods shall be prohibited in the municipality. The municipal construction official shall not issue permits or certificates which will allow said trailers to be located within the territorial limitations of the municipality. The only exceptions are that the construction official may issue a permit for a construction office and storage trailer on any site for the period during construction and the Planning Board may grant approval for a sales trailer at new residential developments.

21-20.24 Temporary Sales.

No vehicles or structures for temporary sales of any goods shall be permitted on any lot unless a site plan has been approved by the municipal agency.

21-20.25 Hazardous Areas.

No dwelling or principal structure shall be erected on land which is unsuitable for improvement because it is subject to flooding or other hazards to life, health, or property, unless the owner agrees to take approved adequate measures to eliminate such hazards. Such approval must be obtained from the Planning Board. The Board shall make or instigate adequate investigation by a recognized, trained or licensed authority before granting approval and only after a public hearing thereon. Expense incurred for such investigation must be paid for by the applicant, and no certificate or permit shall be issued until payment in full is received. The exception to the above would apply to structures necessary for access and safety such as bridges, culverts, or protective walls and fences or for accessory agricultural structures, such as irrigation facilities, dependent upon access to water.