Public Notice: Ordinance to Change Lavallette Zoning Laws

BOROUGH OF LAVALLETTE
COUNTY OF OCEAN
ORDINANCE NO. 2012-12 (1111)
AN ORDINANCE OF THE BOROUGH OF LAVALLETTE IN THE COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING CHAPTER 90 OF THE CODE OF THE BOROUGH OF LAVALLETTE ENTITLED “ZONING”.
BE IT ORDAINED by the Mayor and Council of the Borough of Lavallette, in the County of Ocean, State of New Jersey, as follows:
SECTION 1. Section § 90-5 of the Code of the Borough of Lavallette, entitled “Definitions” is hereby amended and supplemented to add the following definitions to the zoning code:
§ 90-5. Definitions.
Guard (Guardrail) – A building component or a system of building components located near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to the lower level. Also known as a railing or handrail.
Open Porch – An elevated structure which may be made of materials such a perimeter foundation, raised deck or slab and may include steps and a railing, but no side or front walls. An open porch must be attached to the principal building.
Closed Porch – An elevated structure which may be made of materials such a perimeter foundation, raised deck or slab and may include steps. Closed porches consist of exterior walls, a roof, painted drywall interior finish, standard windows and glass, and an exterior door. A closed porch must be attached to the principal building.
Deck – A raised platform attached to the principal building.
SECTION 2. Section § 90-24 of the Code of the Borough of Lavallette, entitled “Area yard and building requirements” is hereby amended and supplemented to clarify the building and set back requirements for lots that border on the oceanfront. Section § 90-24A and F shall read in their entirety as follows:
§ 90-24. Area, yard and building requirements.
A. Setback Requirements.
(1)No dwelling shall be erected within Residence District A unless the front yard or setback of said building from the property line is at least 15 feet; the side setback is at least five feet from one side and at least 10 feet from the other side property line; and the rear setback is at least 20 feet from the rear property line, exclusive of any riparian grants, except for a lot bordering upon the water, in which case the rear setback shall be at least 20 feet from the property line or bulkhead line, whichever is closer to the street which runs parallel to the water.
(2)For all oceanfront properties within Residential District A, no building shall be built, constructed or placed on any parcel in this area in such a manner that it or any part thereof shall be on any part of the most easterly 30 feet of the parcel or lot, which shall be considered the front yard; the side setback is at least five feet from one side and at least 10 feet from the other side. For corner lots that border on the oceanfront the ten foot side setback shall be the side that borders the adjacent street. The rear setback is 20 feet from the rear property line.
F. A building erected on a corner lot, with the exception of those properties located on N.J. Route 35 South and along the oceanfront, shall be required to have a minimum front yard setback from each street frontage in compliance with the requirements for this zone. The interior property lines for such corner lot shall be considered sidelines for the purpose of compliance with the sideline requirements of this zone. In the interpretation of the front, side and rear yards in a corner lot, the lesser dimension of such lot shall be considered as the frontage of the lot, and the greater dimension of such lot as the depth of the lot. The setback requirements for lots located along Route 35 South shall be the same as all other lots located in Residential Zone A.
SECTION 3. Section § 90-24 of the Code of the Borough of Lavallette, entitled “Area, yard and building requirements” is hereby amended and supplemented to provide regulations for the construction of open-porches or decks in the front-yard setback of oceanfront properties in Residential Zone A. Section § 90-24H shall read in its entirety as follows:
§ 90-24. Area, yard and building requirements.
H. Front-Yard Porches or Decks.
(1)For all properties boarding on the Oceanfront: An open-porch or deck is permitted with a setback of at least 20 feet from the front property line provided that it meets with the following requirements:
(a) The open-porch or deck shall be attached to the front wall of the first and / or second floors.
(b) Steps leading to the open-porch or deck may extend no closer than 15 feet from the front property line and shall not extend beyond the side yard set backs.
(c) Exterior steps leading from a first floor open-porch or deck to a second floor open-porch or deck are permitted but shall not extend beyond the front or side yard set backs.
(d) Guards, when used or required, shall have a maximum height of 42 inches high measured vertically above the walking surface. Guards on the open sides of stairs shall have a height not less than 30 inches measured vertically from a line connecting the leading edges of the treads, Where the top of the guard also serves as a handrail on the open sides of stairs, the top of the guard shall not be less than 30 inches and not more than 38 inches measured vertically from a line connecting the leading edges of the treads.
(e) In order to provide for maximum view, light and the free flow of air, all guards shall have openings no less than three inches in width. Balusters or spindles used in connection with the construction of the guard shall be vertically placed and be no more than two inches in width or diameter. Pergolas or other decorative structures included as part of the construction of an open-porch or deck are prohibited.
(f) Roofs are not permitted above either the first and/or second floor open porch or deck.
(2)For all other properties: A porch, open or closed, may be erected with a setback of at least seven feet from the front property line provided that it meets with the following requirements:
(a) The bulkhead or kneewall shall not exceed 36 inches in height.
(b) The total area of doors or openings between the porch and the main wall of the building shall not exceed six feet in width.
(c) The front landing leading to the porch area shall have a maximum width of six feet and shall be centered on the door or constructed on the front of the house. The landing shall be set back at least three feet from the property line at the front of the premises. The steps leading to the landing may extend to the front property line.
(d) If a roof is constructed above a porch, the following regulations shall apply:
[1] There shall be no use or construction above or on top of the roof on the porch.
[2] No railings may be constructed on the roof.
[3] No door may be constructed or located so that it gives access to the roof above the porch.
[4] The roof shall have a minimum pitch of four inches per foot.
SECTION 4. Section § 90-37 of the Code of the Borough of Lavallette, entitled “Area yard and building requirements” is hereby amended and supplemented to modify the setback requirements for corner lots located on West Point Island. Section § 90-34F shall read in its entirety as follows:
§ 90-37. Area, yard and building requirements.
F. A building erected on a corner lot shall be required to have a minimum front yard setback from each street frontage of 25 feet from lesser dimension of the street frontage and 15 feet from the greater dimension of street frontage. The interior property lines for such corner lot shall be considered sidelines for the purpose of compliance with the sideline requirements of this zone. In the interpretation of the front, side and rear yards in a corner lot, the lesser dimension of such lot shall be considered as the frontage of the lot, and the greater dimension of such lot as the depth of the lot.
SECTION 5. Section § 90-44 of the Code of the Borough of Lavallette, entitled “Area yard and building requirements” is hereby amended and supplemented to clarify the building and set back requirements for lots that border on the oceanfront. Section § 90-44A and F shall read in their entirety as follows:
§ 90-44. Area, yard and building requirements.
A. Setback Requirements.
(1) No dwelling shall be erected within Residence District C unless the front yard or setback of said building from the property line is at least 20 feet; the side setback is at least four feet from one side and at least eight feet from the other side property line; and the rear setback is at least 20 feet from the rear property line, exclusive of any riparian grants, except for a lot bordering upon the water, in which case the rear setback shall be at least 20 feet from the property line or bulkhead line, whichever is closer to the street which runs parallel to the water.
(2) For all oceanfront properties within Residential District C, no building shall be built, constructed or placed on any parcel in this area in such a manner that it or any part thereof shall be on any part of the most easterly 30 feet of the parcel or lot which shall be considered the front yard; the side setback is at least five feet from one side and at least 10 feet from the other side. For corner lots that border on the oceanfront the ten foot side shall be the side that borders the adjacent street. The rear setback is 20 feet from the rear property line.
F. A building erected on a corner lot, with the exception of those properties located on N.J. Route 35 South and along the oceanfront, shall be required to have a minimum front yard setback from each street frontage in compliance with the requirements for this zone. The interior property lines for such corner lot shall be considered sidelines for the purpose of compliance with the sideline requirements of this zone. In the interpretation of the front, side and rear yards in a corner lot, the lesser dimension of such lot shall be considered as the frontage of the lot, and the greater dimension of such lot as the depth of the lot. The setback requirements for lots located along N.J. Route 35 South shall be the same as all other lots located in Residential Zone C.
SECTION 6. Section § 90-44 of the Code of the Borough of Lavallette, entitled “Area yard and building requirements” is hereby amended and supplemented to correct the permitted distance steps can be placed within the side yard setbacks. Section § 90-44E shall read in its entirety as follows:
§ 90-44. Area, yard and building requirements.
E. No building overhang shall extend into the required side or rear yard setback areas by more than two feet or into the required front yard setback by more than one foot. Steps above the ground level shall be at least four feet from the side property line. For properties that border on the oceanfront, steps above the ground level shall be at least five feet from the side property line.
SECTION 7. Section § 90-44 of the Code of the Borough of Lavallette, entitled “Area, yard and building requirements” is hereby amended and supplemented to provide regulations for the construction of open-porches or decks in the front-yard setback of oceanfront properties in Residential Zone C. Section § 90-44H shall read in its entirety as follows:
§ 90-44. Area, yard and building requirements.
H. Front-Yard Porches or Decks.
(1) For all properties boarding on the Oceanfront: An open-porch or deck is permitted with a setback of at least 20 feet from the front property line provided that it meets with the following requirements:
(a) The open-porch or deck shall be attached to the front wall of the first and/or second floors.
(b) Steps leading to the open-porch or deck may extend no closer than 15 feet from the front property line and shall not extend beyond the side yard set backs.
(c) Exterior steps leading from a first floor open-porch or deck to a second floor open-porch or deck are permitted but shall not extend beyond the front or side yard set backs.
(d) Guards, when used or required, shall have a maximum height of 42 inches high measured vertically above the walking surface. Guards on the open sides of stairs shall have a height not less than 30 inches measured vertically from a line connecting the leading edges of the treads. Where the top of the guard also serves as a handrail on the open sides of stairs, the top of the guard shall not be less than 30 inches and not more than 38 inches measured vertically from a line connecting the leading edges of the treads.
(e) In order to provide for maximum view, light and the free flow of air, all guards shall have openings no less than three inches in width. Balusters or spindles used in connection with the construction of the guard shall be vertically placed and be no more than two inches in width or diameter. Pergolas or other decorative structures included as part of the construction of an open-porch or deck are prohibited.
(f) Roofs are not permitted above either the first and/or second floor open porch or deck.
(2) For all other properties: A porch, open or closed, may be erected with a setback of at least 16 feet from the front property line provided that it meets with the following requirements:
(a) The bulkhead or kneewall shall not exceed 36 inches in height.
(b) The total area of doors or openings between the porch and the main wall of the building shall not exceed six feet in width.
(c) The front landing leading to the porch area shall have a maximum width of six feet and shall be centered on the door or constructed on the front of the house. The landing shall be set back at least three feet from the property line at the front of the premises. The steps leading to the landing may extend to the front property line.
(d) If a roof is constructed above a porch, the following regulations shall apply:
[1] There shall be no use or construction above or on top of the roof on the porch.
[2] No railings may be constructed on the roof.
[3] No door may be constructed or located so that it gives access to the roof above the porch.
[4] The roof shall have a minimum pitch of four inches per foot.
SECTION 8. This zoning regulation amendment will be referred to the Lavallette Planning Board for approval prior to final reading and adoption, as required by N.J.S.A. 40:55D-26.
SECTION 9. This ordinance shall be filed in the office of Ocean County Planning Board.
SECTION 10. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.
SECTION 11. All ordinances or parts of ordinances inconsistent herewith are hereby repealed.
SECTION 12. This ordinance shall take effect immediately upon its enactment after second reading and publication as required by law.
NOTICE OF PENDING ORDINANCE
ORDINANCE NO. 2012-12 (1111)
The ordinance published herewith was introduced and passed upon first reading at a meeting of the governing body of the Borough of Lavallette, in the County of Ocean, State of New Jersey, held on the 17th day of September 2012. It will be further considered for final passage after the public hearing thereon, at a meeting of said governing body to be held in Borough Hall, 1306 Grand Central Avenue, Lavallette New Jersey on the 19th day of November 2012 at 7 pm or soon thereafter as said matter can be reached, at which time and place all persons who may be interested therein will be given an opportunity to be heard concerning the same.
A copy of this ordinance has been posted on the bulletin board upon which public notices are customarily posted in the Borough Hall of the Borough during the week prior to and up to and including the date of such meeting; copies of the ordinance are available to the general public of the Borough who shall request such copies, at the office of the Municipal Clerk in said Borough of Lavallette, in the County of Ocean, New Jersey.
CHRISTOPHER F. PARLOW
Municipal Clerk
($176.22) (534) (9/21)

Posted by Ocean County News on Sep 23 2012. Filed under Brick, Jersey Shore, Mantoloking, Public Notices. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.