BOROUGH OF SPRING LAKE HEIGHTS

PLEASE TAKE NOTICE the following ordinance was introduced and passed on first reading at the September 24, 2012 meeting of the Mayor and Borough Council and will be considered for second reading and final passage during the meeting scheduled to begin at 8:00 p.m. on November 13, 2012in the Municipal Building, located at 555 Brighton Avenue, Spring Lake Heights, at which time and place any person desiring to comment on this ordinance will be given the opportunity to be heard.

Joseph J. Delaney, Jr., Borough Clerk

ORDINANCE NO. 13-2012

AN ORDINANCE AMENDING CHAPTER XXII (MUNICIPAL LAND USE REGULATIONS) OF THE REVISED GENERAL ORDINANCES OF THE

BOROUGH OF SPRING LAKE HEIGHTS, NEW JERSEY

BE IT ORDAINED by the Mayor and Borough Council of the Borough of Spring Lake Heights, in the County of Monmouth and State of New Jersey as follows:

Section 1. Chapter XXII, entitled “Municipal Land Use Regulations,”of the Revised General Ordinances of the Borough of Spring Lake Heights, New Jersey is hereby amended and supplemented at §22-605 (Nonconforming Uses) in the following respects (deletions are indicated by strikeout, and additions by underline):

§22-605.7 Alteration, Enlargement or Extension.

A.A nonconforming building, or an existing building on a nonconforming lot in a residential zone district, may be altered, repaired, enlarged or extended; provided the use is permitted in the zone district and that the extension does not violate any front, side or rear yard setback requirements or building coverage requirements of the zone district and provided further that any enlargement does not exceed the existing height of the structure.

B.An existing nonconforming building, or an existing buildingon a nonconforming lot, located in a flood zone as shown on a current Flood Insurance Rate Map (FIRM) may be elevated so the finished floor elevation (FFE) a maximum of four (4) feet above the base flood elevation as determined by the FIRM, provided no pre-elevation building setbacks are decreased, the structure is not enlarged or extended, and the elevated building height does not exceed thirty-five (35) feet. Stairs and landings required to be reconstructed or altered as a result of an existing conforming or non-conforming structure being elevated shall be permitted to extend into any required setback a distance minimally necessary to meet the access requirements of the Uniform Construction Code.

Section 2. The provisions of this Ordinance shall be severable. In the event that any portion of this Ordinance is found to be invalid for any reason by any court of competent jurisdiction, such judgment shall be limited in its effect only to that portion of the Ordinance actually adjudged to be invalid and shall not be deemed to affect the operation of any other portion thereof, which shall remain in full force and effect.

Section 3. All other Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistencies.

Section4. This Ordinance shall take effect following final passage and publication in accordance with the law.