NDG Attorney Keith Davis Secures Planning Board Victory in Ocean City
NDG Partner and Land Use Practitioner Keith Davis obtained another Planning Board Approval in Ocean City, at a contested hearing involving the owners of 110 West 10th St., who had permits from the U.S. Army Corps of Engineers and the State Department of Environmental Protection to construct 10 boat slips along the property. Keith Davis maintained it was a matter of reconstructing boat slips that were already in place, not creating new ones.
Keith took the matter to the Zoning Board to either rescind the zoning officer's decision or to approve an interpretation that the use is allowed under city ordinance and received a favorable decision from Ocean City approving the application.
The approval from Ocean City allows the property owners to rent out their boat slips on Glen Cove Harbor, as long as the improvements are on the water side of the bulkhead. Neighbors along the small back-bay lagoon have opposed the use, but Keith adeptly overcame the objections by arguing that the property does not meet the city's definition of a marina. There are private docks on lagoons throughout Ocean City, Davis showed in testimony, and the rental of those slips has long been a common practice, without the requirement of a mercantile license.
A use variance is not needed, Keith argued, because the use of the building on the property remains a single-family home. The board agreed with Keith and he was successful obtaining the development approvals for NDG's clients.
Each municipality in New has adopted a set of Land Use and Zoning Ordinances which describe and define zoning standards for permitted and prohibited uses within a particular zone district. If the proposed use of a property is not specifically permitted, then an owner will need to apply for a Use Variance to allow use of the property that is otherwise prohibited. Keith Davis expertly navigates the process on behalf of NDG's clients.For more information please contact Keith at 609-927-1177.
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