A.
Recognizing that certain uses, activities and structures
are necessary to serve the needs and conveniences of the City, and
at the same time recognizing that such uses may be or become inimical
to the public health, safety and general welfare if located and operated
without proper consideration being given to existing conditions and
character of the surrounding area, such uses are hereby designated
as conditional uses.
B.
In addition to other powers conferred by this chapter and applicable statutes, the Planning Board shall have original jurisdiction in the granting of a permit for a conditional use under the terms and conditions established by this chapter under the following stipulations and guiding principles set forth in § 345-76.
C.
The use for which application is being made is specifically authorized as a conditional use in Article IV, Zone District Use Regulations, for the zoning district in which it is located.
E.
No conditional use shall be located within 2,500 feet
of another conditional use.
F.
Exception relating to churches/places of worships
and eleemosynary/philanthropic uses within a portion of the R-5 Zone.
[Added 8-24-2004 by Ord. No. 34-04]
(1)
Area of exemption to include all properties fronting
on Liberty Street and C.P. Williams Way located between Lewis Alley
to the south and a point 160 feet north of Central Avenue (as denoted
on the map annexed hereto and incorporated herein).[1]
[1]
Editor's Note: Said map is on file in the
City offices.
(2)
Exemption shall only apply to those organizations
which have entered into formal agreement for shared parking between
themselves and the City of Long Branch.
(3)
Exemption from requirements to include:
(a)
No limitations as to number of conditional uses
allowed within 2,500 feet of another conditional use.
(b)
No maximum lot coverage for all structures.
(c)
All lot area and bulk requirements (setbacks/depth/frontage/area)
to be based on exiting site conditions.
(d)
On-site parking requirements (may be waived
based upon shared parking agreement).
Private schools, excluding institutions of higher learning, but not trade or business schools, may be permitted by conditional use permit as provided for in Article IV, Zone District Use Regulations, subject to the following:
A.
The application, in triplicate, shall include a detailed
plot and drainage plan of the site, drawn to scale, indicating overall
dimensions and topographical conditions, before and after; the location
and intended use of existing and proposed buildings; location of recreation
area; the relationship of the proposed use to highways, streets and
adjacent properties; and such physical features as might present any
deterrent to the protection of the health and safety of the pupils.
The application shall include a complete set of architectural plans
and specifications and existing and proposed buildings and structures
and a statement setting forth in general terms the proposed course
of instruction. This statement shall indicate the grade levels of
the pupils to be in the building or buildings and the contemplated
eventual enrollment of the school. Before authorizing the Construction
Code Official to issue a permit, the Planning Board shall determine
that the following standards are met:
B.
The curriculum of the proposed school shall be approved
by the New Jersey Department of Education.
C.
The minimum lot area for an elementary school shall
be five acres, plus one additional acre for each 100 pupils. The minimum
lot area for an intermediate school, high school or institution of
higher learning shall be 10 acres, plus one additional acre for each
100 pupils. No more than 10% of the site shall be covered by buildings.
D.
Off-street parking shall be provided in the following
ratios: Elementary schools shall provide one parking space for each
10 pupils, plus adequate space for buses and delivery vehicles. All
other schools shall provide one parking space for each staff member
or employee, plus one parking space for each five pupils, plus adequate
space for buses and delivery vehicles. These requirements may be increased
if, in the judgment of the Planning Board, such considerations as
the unavailability of the bus services, the distance from centers
of population or a relatively high percentage of pupils driving their
own cars make such increased requirements desirable.
E.
No driveway shall open onto a public street or road
within 150 feet of an intersection of such street or road with another
public street or road. In determining the suitability of proposed
or existing driveways upon the site, the Board shall consider such
factors as grade and site clearance, the number and pattern of driveways
and number, location and design of ingress and egress points, the
volume of traffic which may be anticipated on the site and upon adjoining
roads and the condition and width of pavement of adjoining roads.
F.
Illumination for night athletic activities shall be
shielded from view from adjoining streets and residential areas.
Churches and places of worship may be permitted by conditional use permit in zoning districts as provided for in Article IV, Zone District Use Regulations, subject to the following:
A.
The minimum lot area shall be 25,000 square feet;
the minimum width shall be 150 feet.
B.
The minimum bulk requirements for a church or place
of worship shall be as follows:
|
Bulk Requirement
|
Minimum Dimension
| |
|---|---|---|
|
Lot depth
|
250 feet
| |
|
Lot frontage
|
200 feet
| |
|
Setbacks:
| ||
|
Front
|
70 feet
| |
|
Rear
|
50 feet
| |
|
Side
|
15 feet
| |
|
Maximum building height:
| ||
|
Principal building
|
2 1/2 stories or 30 feet
| |
|
For accessory building
|
1 1/2 stories or 15 feet
| |
|
Maximum lot coverage of all buildings
|
35%
| |
C.
Off-street parking shall be provided at the ratio
of one off-street parking space for each four seats in the church.
D.
Driveways shall cross the sidewalk at right angles
and shall be no more than 24 feet wide at any point. Driveways must
be at least 10 feet from any side lot lines and 25 feet from the intersection
of street lines. Not more than two driveways shall be permitted for
each 150 feet of street frontage.
E.
The Planning Board shall determine that the site plan
is appropriate to the adjacent area. It may require buffers of foliage
if necessary to protect surrounding properties from effect of light
or noise generated in connection with use of the property.
Beach clubs may be permitted by conditional use permit as provided for in Article IV, Conditional Uses, subject to the following:
A.
A set of plans, specifications and plot plans, and
a statement setting forth full particulars on the operation of the
structure are filed with the Planning Board, in triplicate, by the
applicant.
B.
The beach club shall be limited to use by members
of the beach club only.
C.
A complete and itemized list containing the names
and residences of all members for the current year shall be furnished
and filed with the City Clerk within five days after July 1 in each
and every year.
D.
The beach club shall provide and maintain locker space
and dressing room facilities on the premises for each member and/or
family.
E.
In order to be used as a private beach club, a lot
or plot of ground shall have a frontage of not less than 200 feet
on Ocean Avenue and shall extend from Ocean Avenue to the Atlantic
Ocean with a width throughout of not less than 200 feet. A front yard
shall be provided on every lot, and no story or part of any building
exclusive of cornices shall be erected nearer to the street line than
200 feet. The front yard shall be used exclusively for parking facilities
or lawns or grass plots or lawn decorations. Any swimming pool or
bathing facility shall not be erected unless erected easterly of existing
or new structures.
F.
No beach club structure shall exceed a height of 25
feet.
G.
Nothing herein contained shall be construed to permit
the operation of a beach club offering its facilities to the public
generally or to transient guests or customers on less than an annual
membership basis.
H.
The facility in no way will adversely affect the surrounding
property values, traffic and the residential environment and that
the use and/or facility will serve a useful purpose to the general
welfare of the City.
I.
All utility service to a beach club shall be underground.
Public utility uses, such as high voltage transmission lines, towers and substations, but no service or storage yards, may be permitted by conditional use permit as provided for in Article IV, Zone District Use Regulations, subject to the following:
A.
A set of plans, specifications and plot plans, and
a statement setting forth the need and purpose of the installation,
are filed with the Board of Adjustment, in triplicate, by the applicant.
B.
Proof is furnished to the Board of Adjustment that
the proposed installation in a specific location is necessary and
convenient for the efficiency of the public utility system or the
satisfactory and convenient provision of service by the utility to
the neighborhood or area in which the particular use is to be located;
and further provided that the design of any building in connection
with the facility conforms to the general character of the area and
will in no way adversely affect the safe and comfortable enjoyment
of property rights of the zone in which it is located; that adequate
and attractive fences and other safety devices will be provided and
that sufficient landscaping, including shrubs, trees and lawn, are
provided and will be periodically maintained.
Fraternal, social, civic, recreational or philanthropic or eleemosynary uses may be permitted by conditional use permit in zoning districts as provided for in Article IV, Zone District Use Regulations, provided that no lodging or boarding facilities are included, and subject to the following:
A.
A set of plans, specifications and plot plans, and
a statement setting forth full particulars on the operation of the
structure or use, is filed with the Planning Board by the applicant,
in triplicate.
B.
It is ascertained by the Planning Board that the proposed
use is a bona fide nonprofit organization.
C.
It is ascertained by the Planning Board that the proposed
use in the proposed location provides sufficient landscaping, including
trees, shrubs and lawn, to serve as a buffer between such use and
residential properties and to ensure an attractive appearance for
the use.
Nursing, rest and convalescent homes may be permitted by conditional use permit in the area bounded by Westwood, Bath and West Avenues, as provided for in Article IV, Zone District Use Regulations, subject to the following:
A.
A set of plans, specifications, a plot plan and a
statement setting forth full particulars on the operations of the
structure or use are filed with the Planning Board, in triplicate,
by the applicant.
B.
The nursing home proposes to be duly licensed under
the New Jersey Hospital Licensing Act and conforms in all respects
to the standards prescribed by the Bureau of Community Institutions,
State of New Jersey.
C.
The structure or use shall conform to all yard requirements
for one-family dwellings in the appropriate zoning district in which
it is located.
D.
Off-street parking facilities shall be provided on
the premises in the rear, but not in the front yard and side yard,
of not less than one parking space for every four beds, plus one additional
parking space for every two employees and members of the staff in
the largest working shift.
E.
One sign shall be permitted and bear only the name
of the establishment, the street address and presence or lack of vacant
units and the rooming house permit number. If the sign is to be illuminated,
the illumination shall be from within. The sign shall not exceed four
square feet in area on either side and five feet in height and shall
be situated within the property lines.
Motor vehicle service stations may be permitted by conditional use permit in zoning districts as provided for in Article IV, Zone District Use Regulations, subject to the following:
A.
A set of plans, specifications and plot plans is filed,
in triplicate, with the Planning Board, showing in detail the exact
location of the motor vehicle service station or public garage, the
number and location of fuel tanks to be installed, the dimensions
and capacity of each tank, the depth at which the tanks will be placed
below the ground, the number and location of dispensers to be installed,
the type of structure and accessory buildings to be constructed, the
number of automobiles which may be garaged and a description of the
nature and extent of the proposed use.
C.
All fuel dispensers shall be located at least 30 feet
from any street line or property line.
D.
No vehicles shall be permitted to be standing or parked
on the premises of a motor vehicle service station other than those
used by the employees in the indirect or direct operation of the establishment.
E.
Driveways shall cross the sidewalk at right angles
and shall not be more than 24 feet wide at any point. Driveways must
be at least 10 feet from any side lot line and 25 feet from the intersection
of street lines. No more than two driveways shall be permitted for
each 100 feet of street frontage.
F.
The entire area of the site traversed by motor vehicles
shall be hard-surfaced.
G.
The Planning Board shall determine that the site plan
is appropriate to the area. A five-foot planting strip, suitably landscaped,
shall be provided between curb cuts and along all other property lines.
H.
No motor vehicle service station shall be located
within 1,000 feet of any public entrance to a church, school, library,
hospital, fire station, existing motor vehicle service station, park,
playground, charitable institution or place of public assemblage.
The distance shall be measured in a straight line along the center
lines of streets forming the shortest route from a point opposite
the nearest side boundary from the public entrance to a point opposite
the nearest boundary of the service station or garage lot. No motor
vehicle service station shall be located at the intersection of any
two existing or proposed major or collector streets as indicated upon
the Master Plan of the City.
I.
Any repair of motor vehicles shall be performed in
a fully enclosed building. No parts or partially dismantled motor
vehicle may be stored out-of-doors.
J.
Coin-operated service stations are not permitted.
K.
Permitted sign and advertising devices shall be permitted
as follows:
(1)
One pylon identification sign illuminated only by
spotlight for each 100 feet of frontage, not to exceed 20 feet in
height and 45 square feet in area on any one side. Those stations
having more than 100 feet frontage shall have a maximum of two such
signs.
(2)
One portable A-frame-type sign approximately three
feet by three feet shall be permitted for each 100 feet frontage.
Those stations having more than 100 feet frontage shall have a maximum
of two such signs.
(3)
Two signs pertaining to the products or services offered
by the gasoline service station may be displayed on each of the pylon
signs. One sign shall not exceed two square feet. The second sign
shall not exceed four square feet.
(4)
The use of all flags, windmills, banners and any flashing
or animated signs and the use of neon shall be prohibited. However,
the use of pennants may be utilized for the purpose of advertising
the opening of a new station, but shall be restricted to a ten-day
period.
(5)
Accessory goods for sale may be displayed on the pump
island and the building island only. The outside storage of oil cans
and/or antifreeze and similar products may be displayed on the respective
islands if provided for in a suitable metal stand or rack.
L.
The Planning Board shall decide the matter in accordance with the procedure in § 345-76B for the issuance of conditional use permits. No existing public garage or a motor vehicle service station shall be deemed to become a nonconforming use through the subsequent erection of a school, hospital, church, theater, library, park, playground or fire station.
[Amended 6-22-1993 by Ord. No. 19-93]
Senior citizen housing may be permitted by conditional use permit as provided for in Article IV, Zone District Use Regulations, subject to the following:
A.
A complete set of plans, as required for site plan
review, shall be filed with the Planning Board.
B.
It shall be ascertained by the Planning Board that
the proposed use and organization has a bona fide charter and covenants
restricting occupancy to senior citizens exclusively.
C.
The structure and proposed use shall comply in all respects with the requirements set forth in § 345-54 regarding senior citizen housing.
E.
The proposed use and structure shall not exceed six
stories.
[1]
Editor's Note: Former § 345-66,
Community residences for the developmentally disbaled and community
shelters for victims of domestic violence, was repealed 2-23-1999
by Ord. No. 13-99.
[Added 2-14-1995 by Ord. No. 8-95]
Secondhand stores may be permitted by conditional use permit in zoning districts as provided for in Article IV, Zone District Use Regulations, subject to the following:
B.
Storage and display areas must be clearly delineated.
Storage areas must be separated from display areas by interior walls
and must not exceed 40% of the total gross floor area of the store.
C.
No merchandise may be displayed outside the building,
except by special permit.
D.
Display areas must be shown in floor plan layout with
aisle widths no less than three feet.
[Added 4-28-2015 by Ord.
No. 5-15]
A.
Multifamily units above ground-level retail (mixed-use) on development
parcels of 20,000 square feet or greater.
B.
Institutional uses above ground-level retail (mixed use) on development
parcels of 20,000 square feet or greater.
C.
Adaptive reuse of the West End School for one of the following uses:
(1)
Visual and/or performing arts educational and performance facility:
(a)
Performing arts theater, inclusive of performance venues of
varying sizes, such as cabaret or dinner theatre, cafe, intermission
concessions and space for receptions before or after performances
or for fundraising events, but excluding independent full-service
restaurants.
(b)
Instruction in performing arts, inclusive of dance, instrumental,
vocal, composition, drama, playwriting, musical theater, set design
and construction, audio engineering and recording or related arts.
(c)
Instruction in the visual arts, inclusive of illustration and
rendering, sculpture, filmmaking, screenplay and related arts, as
well as display space or galleries for students, faculty and artists-in-residence.
(d)
Temporary living accommodations for professional or student
performers and artists during periods of performances or special programs,
such as performing and visual arts "camps."
(2)
Specialty education, such as culinary schools, computer training,
secretarial schools, cosmetology schools or similar professional,
business or vocational schools.
(3)
Professional offices.
D.
Class 5 licensed retailer without a cannabis consumption area shall
be permitted.
[Added 12-8-2021 by Ord. No. 22-21]
