NOTICE OF PENDING ORDINANCE

The ordinance published herewith was introduced and passed upon first reading at a meeting of
the Mayor and Borough Council of the Borough of Seaside Heights in the County of Ocean,
State of New Jersey, on January 2, 2020. The ordinance will be further considered at a public
hearing of said Borough Council to be held in the Municipal Court Room on March 4, 2020, at
5:00 p.m. Copies of the ordinance are available for inspection and acquisition from the
Municipal Clerk’s Office, 901 Boulevard, Seaside Heights, NJ, between the hours 8:30 a.m. and
4:30 p.m., Monday through Friday, excepting holidays.
The principal changes effected by said ordinance are as follows:
1. The pending ordinance establishes a new land use zone, entitled Resort Recreational Zone B,
which includes all lots in Block Nos. 55, 56, 57, 58, 59 and 60. These lots are presently included
within the Resort Recreational Zone but will be reallocated within the new Resort Recreational
Zone B.
2. The present ordinance incorporates by reference the uses that are permitted and regulated in
the Residential Zone and Retail Business Zone. In contrast, the pending ordinance establishes
specific permitted uses, accessory uses, and conditional uses.
3. The pending ordinance provides that restaurants and food establishments without an alcoholic
beverage license and restaurants and food establishments that do not allow the consumption of
alcoholic beverages on the premises (e.g., BYOB) are a permitted use. Significantly, however,
restaurants with an alcoholic beverage license and restaurants without an alcoholic beverage
license that allow the consumption of alcoholic beverages on the premises (e.g., BYOB) shall be
permitted as a conditional use in the Resort Recreational Zone B provided they are in compliance
with the conditional use standards set forth in the ordinance.
4. The pending ordinance specifically provides that nightclubs, bars, taverns, cocktail lounges,
pubs, cabarets, dance halls that serve or allow the consumption of alcoholic beverages, package
liquor stores, and breweries are not permitted in the Resort Recreation Zone B.
5. Among other changes, the pending ordinance does not include as permitted uses in the Resort
Recreational Zone B: “roller coasters,” “Ferris wheels or other mechanical rides,” “mechanical
rides,” and “non-mechanical rides and other forms of entertainment, such as but not limited to
water slides, and skateboards tracks.”

Diane B. Stabley, RMC

Borough Clerk
 ORDINANCE 2020-01

ORDINANCE OF THE BOROUGH OF SEASIDE HEIGHTS,

COUNTY OF OCEAN, STATE OF NEW JERSEY,
AMENDING CHAPTER 246 ENTITLED “ZONING AND
LAND USE” AND CREATING A RESORT RECREATIONAL
ZONE B

BE IT ORDAINED, by the Borough Council of the Borough of Seaside Heights, County

of Ocean, State of New Jersey, as follows:

SECTION 1. Chapter 246 of the Borough Code of the Borough of Seaside Heights,
entitled, “Zoning and Land Use,” is hereby amended and supplemented so as to create section

§ 246-41.1 and shall read in its entirety as follows:

§ 246-41.1 Resort Recreational Zone B

A. Permitted uses: Within the Resort Recreational Zone B, no building or structure shall be
used and no building or structure shall be erected which is intended or designed to be used, in
whole or in part, for any industrial or manufacturing purpose or for any use other than the
following specified uses:
(1)
Single-, two-family and multifamily residential dwelling units and accessory buildings, and uses
normally auxiliary thereto.
(2)
Carousels (merry-go-rounds), miniature golf concessions, arcades and amusement games, and
museums.
(3)
Games of chance.
(4)
Restaurants and food establishments without an alcoholic beverage license and restaurants and
food establishments that do not allow the consumption of alcoholic beverages on the premises
(e.g., BYOB).
(5)
Retail sale of goods primarily oriented to boardwalk and beach activities; gift shops; clothing and
accessories.
(6)
Parks and playgrounds.
(7)
Hotels and motels.

B. Conditional uses:

(1) Restaurants with an alcoholic beverage license and restaurants without an alcoholic beverage
license that allow the consumption of alcoholic beverages on the premises (e.g., BYOB) shall be
permitted as a Conditional Use in the Resort Recreational Zone B provided they are in
compliance with the following standards:

(a) Restaurant use shall be the principal use of the structure and not an accessory use.
Nightclubs, bars, taverns, cocktail lounges, pubs, cabarets, dance halls that serve
or allow the consumption of alcoholic beverages, package liquor stores, and
breweries are not permitted in the Resort Recreation Zone B.
(b) No restaurant shall have in excess of 5,000 square feet of total floor area,
exclusive of storage areas.
(c) Applicant shall submit an operating plan. The operating plan shall include
business plan (e.g., restaurant theme, objectives, and goals), days and hours of
operation, menu, food service hours, staffing schedule, and projected revenues (%
food and non-alcoholic beverage sales vs. % alcoholic beverage sales).
(d) Applicant shall submit a scale diagram of the interior and exterior of the
restaurant including a table and seating plan. The plan shall also include
the location of all receiving, storage, food preparation, kitchen equipment,
cooking, servicing, waiting areas, waste removal and trash storage areas, exterior
and interior signage.
(e) Storage of waste materials and trash shall be in an enclosed container. Such
container shall be stored inside the main building or in a separately enclosed
structure that will completely confine odors.
(f) A system to vent cooking exhausts and odors shall be provided so that the exhaust
and odor shall not offend or disturb nearby commercial or residential uses or
intrude on any street, sidewalk or walkway, including the Boardwalk Promenade.
To the extent permitted by the New Jersey Uniform Construction Code, such
vents shall be interior and exit through the roof.
(g) Each application shall include maximum occupancy calculations in conformance
with the Seaside Heights Construction Office and the New Jersey Uniform
Construction Code and other applicable laws. No certificate of occupancy shall be
granted for an occupancy in excess of the calculations submitted to the Land Use
Board.
(h) A seating plan shall be an essential and critical component of the site plan
application. All tables and chairs within the establishment, including outdoor
dining areas, shall be stationary during open operations, except that tables may be
rearranged to accommodate larger groups of seated guests.
(i) No entertainment of any kind shall be provided or permitted within the outdoor
areas of the establishment.
(j) Entertainment within the indoor areas of the establishment shall be limited to
recorded background music creating ambiance. No other entertainment shall be
provided or permitted within the premises.
(k) Patron dancing shall not be permitted.
(l) The kitchen must be open and serving meals at all times that alcoholic beverages
are being served to patrons or the consumption of alcoholic beverages is being
permitted.
(m) The restaurant may operate only after 7:00 a.m. and before 12:00 midnight.
(n) The restaurant may include a single bar devoted to the preparation, sale, and
consumption of alcoholic beverages, provided that the occupancy of said bar shall
not exceed the lesser of 15 patrons or 15% of the dining occupancy of the
establishment.

(o) An area within the restaurant devoted to the preparation, sale, and consumption of
alcoholic beverages pursuant to §246-41.1(B)(1)(n.) above may not be operated or
advertised under a name different from the restaurant.
(p) All alcoholic beverages shall be sold only to patrons seated at tables or seated at
the bar, if there be a bar pursuant to §246-41.1(B)(1)(n.) above, and only for
consumption within the establishment.
(q) No outdoor bars shall be permitted.
 (r) Entrance to and exit from the restaurant shall be from a side of the restaurant
which does not face Ocean Terrace or a street end.

(2) Rooming houses, provided they are located on a minimum lot size of 40 feet by 100
feet and have a lot area per unit of no less than 500 square feet.
(3) Commercial parking lots, provided that the lot area of a parking lot is a minimum of
4,000 square feet.

C. Accessory uses:
1. Uses customarily incidental and subordinate to the principal use of a property shall be
permitted.
2. Nightclubs, bars, taverns, cocktail lounges, pubs, cabarets, dance halls that serve
alcoholic beverages or allow the consumption of alcoholic beverages, package liquor
stores, and breweries are not permitted in the Resort Recreation Zone B as accessory
uses.

D. Description of Zone: The following described lands of the Borough of Seaside Heights are
to be included within the Resort Recreational Zone B:

(1) All lots in Block Nos. 55, 56, 57, 58, 59, and 60.

SECTION 2. Chapter 246 of the Borough Code of the Borough of Seaside Heights,
entitled, “Zoning and Land Use,” is hereby amended and supplemented so as to amend section

§ 246-40, “Resort Recreational Zone” so as to amend subsection B. entitled “Description of Zone”

so as to amend subsection (9) in its entirety so that it shall read as follows:

(9) All lots in Block Nos. 61 and 69.

SECTION 3. All ordinances or parts of ordinances inconsistent herewith are hereby

repealed.
 SECTION 4. This ordinance shall take effect after second reading and publication as
required by law.

NOTICE
NOTICE IS HEREBY GIVEN that the foregoing ordinance was introduced and passed by
the Borough Council on first reading at a meeting of the Borough Council of the Borough of
Seaside Heights held on the 2nd day of January, 2020, and will be considered for second reading
and final passage at a regular meeting of the Borough Council to be held on the 4th day of March,
2020, at 5:00 p.m., in the Municipal Court Room of the George E. Tompkins Municipal Complex
located at 116 Sherman Avenue in Seaside Heights, New Jersey, at which time and place any
persons desiring to be heard upon the same will be given the opportunity to be so heard.
DIANE B. STABLEY, RMC
Borough Clerk, Borough of Seaside Heights