Initiative Title – Responsible RE Development / Off street Parking Requirements replacing Section 212-23 of the current zoning requirements.

Amending the current off-street parking zoning requirements for newly developed or renovated restaurants, taverns, bars, night clubs, event venues, and outdoor entertainment areas

Context:

Beach Haven is a unique local community with a blend of full-time residents, part-time residents, non-resident taxpayers, and other stakeholders who have a keen interest in the future of our community.

The BH Borough Council is accountable for making decisions on a wide variety of issues, some more maintenance-oriented (e.g. the return of bonds), and others of more significance (real estate development projects).

Following Hurricane Sandy (2012), the Beach Haven Borough Council amended the zoning requirements for off-street parking to a level that encouraged development due to the devastation caused by the storm.

Since that time a series of large real estate developments has increased the ineffectiveness of this section of our Zoning Requirements. The result has been inadequate parking, traffic congestion, pedestrian safety concerns about pedestrian safety, and a reduction in the well-being of our community during peak season.

Despite concerns and suggestions, raised at public meetings, The BH Borough Manager, and the BH Borough Council have been complacent in addressing these growing problems with changes to this ordinance. The problems will continue as the scale of the real estate development continue due to the increasing value of Beach Haven property.

Purpose:

The purpose of this resolution is to effectively manage the impact of any large real estate developments in our community on parking, traffic, pedestrian safety, and the overall well-being of the community.

Off-Street Parking Requirements:

The current parking ordinance (adopted in 2013,) and the old parking ordinance for "Residential" should remain the same.

The current parking ordinance groups all “commercial” or “business” into one requirement: One parking space for every 600 square feet of floor area. The prior parking ordinance separated commercial or business into 14 different groups, based on the actual line business.

"Restaurants", "Bars, Nightclubs, Taverns" (including wedding venues) were grouped into a generic category of commercial or business. These businesses are unique from other “commercial” and “business” entities, as their business volume and occupancy is greater than any other line of business, especially during our peak season.

The Faulkner Act Petition - Our Request

With this Faulkner Act Petition the undersigned registered BH voters are formally requesting a change to these zoning regulations, effective immediately, as follows:

A. Restaurants, taverns, bars, night clubs, event venues, and outdoor entertainment areas with a maximum capacity in excess of 40 patrons/seats are required to provide a minimum of one off-street parking space for each 125 square feet of gross floor area. Or a minimum of one off-street parking space for every four seats, beyond the initial 40 seats. Whichever formula provides the greatest amount of off-street parking spaces is to be applied..

B. Restaurants, taverns, bars, nightclubs, event venues, and outdoor entertainment areas with a maximum capacity of less than less than 41 seats, the minimum guideline of one off-street parking space for every 600 square feet of floor area is applied.

Exceptions:

Any exceptions to this zoning requirement for properties defined in section A above, with regardless of special classifications, including but not limited to "Areas in Need of Redevelopment" requires a referendum by registered Beach Haven voters.