Borough of Sea Bright, NJ
Monmouth County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
A. 
No lot shall have erected upon it more than one principal structure, nor shall any structure be utilized for more than one principal use.
[Amended 4-17-1989]
B. 
Provision of yard space. No yard or other open space provided about any structure for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other structure.
C. 
Detached accessory structures. Detached accessory structures shall be located to the rear of the front building line of the primary building, and if located in a side or rear yard area, shall conform to side and rear yard requirements of the chapter for the zone or use as applicable.
D. 
Street frontage required. Every principal structure shall be built upon a lot having frontage upon a street improved to meet the Borough's requirements or a street for which such improvements have been insured by the posting of performance guaranty pursuant to this chapter unless relief has been granted by the Planning Board under the provisions of N.J.S.A. 40:55D-35 or 40:55D-70.
[Amended 4-17-1989]
E. 
Front yard affected by Master Plan or Official Map. Where a lot fronts on a street which the Master Plan or the Official Map of the Borough indicates is proposed for right-of-way widening, the required front yard area shall be measured from the proposed street line.
F. 
Parking or storage in front yards. The parking or storage of boats, vehicles or other equipment in any front yard setback, side yard setback or rear yard setback is prohibited.
[Amended 4-17-1989]
G. 
Display of goods for sale in yards. The display of goods for sale or the location of coin-operated vending machines of any type in a manner which would infringe upon the required yard areas specified in this chapter is prohibited.
H. 
Required areas on lot to be in zone where required. All yards, open space, off-street parking areas, and required buffer strips must be contained within the zone in which the use to be served thereby is permitted.
I. 
Commercial vehicles parked in residence zones. No commercial vehicle shall be parked out-of-doors overnight or on Sunday on any lot in a residential zone. Not more than one commercial vehicle may be garaged on a lot in a residential zone. No display vehicles for commercial purposes shall be parked in any residential district.
J. 
Fences, walls and other obstructions at intersections and driveways. At the intersection of two or more streets or of a driveway and a street no fence, wall or other obstruction to clear vision taller than 2 1/2 feet above curb level shall be permitted in the triangular area formed by the intersecting street line and/or driveway lines and a line joining each, 30 feet distant from the point of intersection of said lines.
K. 
FEMA Flood Hazard Boundary Map. All construction within the Borough shall comply with the requirements of the National Flood Insurance Program, including the most current Flood Insurance Rate Map (FIRM), referred to as 1971 Federal Emergency Management Agency (FEMA) FIRM, as revised on April 1976, and any subsequent revisions thereof on file in the office of the Borough Clerk. These regulations shall take precedence over any local laws, ordinances or codes to the contrary.
[Amended 12-15-1998 by Ord. No. 94-98]
L. 
Recyclable materials storage. Materials designated in Chapter 178, Solid Waste, Article II, Recycling, shall be separated from other solid waste by the generator and a storage area for recyclable material shall be provided as follows:
[Added 2-17-1990]
(1) 
For each subdivision or site plan application for 20 or more residential units, the applicant shall provide a storage area of at least 12 square feet within each dwelling unit to accommodate a four-week accumulation of mandated recyclables, including but not limited to newspaper, glass bottles, aluminum cans, tin and bimetal cans. The storage area may be located in the laundry room, garage or kitchen.
(2) 
For each subdivision or site plan application for 10 or more multifamily units, the applicant shall provide a storage area of at least three square feet within each dwelling unit to accommodate a one-week accumulation of mandated recyclables, including but not limited to newspaper, glass bottles, aluminum cans, tin and bimetal cans. The storage area may be located in the laundry room, garage or kitchen. Unless recyclables are collected on a weekly basis from each dwelling unit, one or more common storage areas must be provided at convenient locations within the development.
(3) 
For each site plan application for commercial and industrial developments that utilize 1,000 square feet or more of land, the applicant shall provide the municipal agency with estimates of the quantity of mandated recyclable materials, including but not limited to newspaper, glass bottles, aluminum cans, tin and bimetal cans, high-grade paper and corrugated cardboard that will be generated by the development each week. A separated storage area must be provided to accommodate a one- to four-week accumulation of recyclable material. The Planning Board may require the location of one or more common storage areas at convenient locations with the development.
M. 
Obstruction of sidewalks. No person shall construct and/or allow the construction or placement of any structure and/or encumbrance on a sidewalk so as to interfere with the free passage of pedestrians along a sidewalk, including but not limited to a private right-of-way, pathway, alleyway, driveway and/or walkway.
[Added 5-2-1995 by Ord. No. 16-95]
N. 
Front yard setbacks on two or more streets. Front yard setbacks for a particular zone shall be required and applicable to the yards fronting on both streets on a corner lot, thereby requiring two front yard setbacks rather than one front yard and one side yard setback. This requirement allows for the continuation of the house sight line to remain consistent on both streets on which a corner property fronts.
[Added 5-6-2003 by Ord. No. 7-2003]
(1) 
In cases where one of the front yard setbacks would be more consistent with the adjoining property if it were treated as a side yard, than the side yard setback shall apply for that side only. In cases where the property will be considered to have two front yards, the remaining yards shall be considered side yards and no rear yard setback will be required. In no case shall Ocean Avenue ever be considered a "side yard."
[Added 4-7-2009 by Ord. No. 1-2009]
O. 
Any residential structure may be elevated to comply with the flood regulations and/or to provide the required off-street parking under the structure, upon issuance of building permits, provided there is no increase in the building coverage, or in the floor area of the structure, other than the addition of the parking under the structure, and the final height of the structure does not exceed existing height limitations.
[Added 4-7-2009 by Ord. No. 1-2009]
P. 
All new driveways, sidewalks or curbs shall be subject to the review of the Zoning Officer. A survey and proposed site plan showing layout and all dimensions or proposed work must accompany all applications for any work on driveways, sidewalks and curbs, which must be constructed as per the following specifications.
[Added 4-7-2009 by Ord. No. 1-2009; amended 12-16-2014 by Ord. No. 16-2014]
(1) 
Curbing shall meet the standards of the NJDOT Standards for Road and Bridge construction, latest edition. Pavement repair shall be in accordance with the following: Neatly saw cut the pavement three feet from the curbline; pavement restoration shall be five inches of hot mix asphalt base course (NJDOT Mix 1-2) and two inches of hot mix asphalt surface course (NJDOT Mix 1-5).
(2) 
Sidewalks shall meet the standards of the NJDOT Standards for Road and Bridge construction, latest edition. Sidewalk shall be four inches thick and constructed from NJDOT Class C concrete (4,500 psi).
(3) 
Aprons shall meet the standards of the NJDOT Standards for Road and Bridge construction, latest edition. Aprons shall be six inches thick, welded wire mesh reinforced, and constructed from NJDOT Class C concrete (4,500 psi). Aprons shall be eight feet to 18 feet wide (residential), 15 feet to 35 feet wide (commercial), when measured at the back of the sidewalk, and the aprons shall be no closer than two feet to any property line.
(4) 
Driveways shall be no closer than three feet to any property line and have a minimum two-percent slope toward the street. New driveways shall be a minimum of 25 feet from any intersection, measured from the street line of the intersecting street.
A. 
General. Existing natural features, such as trees, brooks and drainage channels shall be preserved in a manner consistent with the use of the property.
B. 
Topsoil and sand removal. No person, firm or corporation shall strip, excavate or otherwise remove topsoil or sand for other than reuse on the same lot.
[Amended 4-17-1989]
A. 
Buffer strips. In addition to such other locations as may be specified all through this chapter, or as may be required by the Planning Board, a buffer strip shall be established on all developed, nonresidential lots in business and industrial districts and zones which abut a residential district or zone. Unless otherwise specified, such buffer strips shall be established along the common lot line between the nonresidential and residential lots, on the nonresidential lot and shall be at least 15 feet wide.
[Amended 4-17-1989]
B. 
Screening. Screening shall be provided in all buffer strips required above. Screening may consist of the following:
(1) 
A solid masonry wall.
(2) 
A solid fencing, uniformly painted of a naturally durable material, such as cedar, cypress or redwood.
(3) 
A mixture of trees and/or shrubs that must be salt tolerant.
(4) 
In the discretion of the Planning Board, any reasonable and attractive combinations of the above.
[Amended 4-17-1989]
[Amended 4-17-1989]
A. 
General provisions. Off-street parking spaces, open air or indoor, shall be provided with all new construction or with the creation of new uses as specified in this chapter, on the same lot as the use which they are intended to serve and shall be furnished with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which the use it serves is situated and shall not be encroached upon or reduced in any matter. All parking areas, passageways and driveways shall be surfaced with a dustless, durable, all-weather surface, clearly marked for car spaces, except when provided in connection with single-dwelling units and, except in the CP Zone, where only stone may be used to create the parking area, passageway and driveway. Each shall be adequately drained and subject to the approval of the Borough Engineer. The provision of off-street parking, in accordance with the standard of this section, shall accompany any rebuilding, reconstruction, alteration or remodeling of any building or premises. Parking areas used for the storage of boats in the off-season are exempted from the paving requirement. Existing garages may not be eliminated in any case or converted to living space unless the parking requirement is met in another location on the subject property.
[Amended 4-7-2009 by Ord. No. 1-2009]
B. 
All parking areas, appurtenant passageways and driveways serving business, industrial and multifamily uses shall be illuminated adequately during the hours between sunset and sunrise when these uses are in operation. Adequate shielding shall be provided by business, industrial and multifamily uses to protect adjacent uses from the glare of such illumination and from that of automobile headlights.
C. 
Parking areas in residence zones and districts.
(1) 
The establishment of any off-street parking area shall be subject to site plan approval unless said parking is an accessory to a single-family permitted use. For such parking area to be deemed an accessory use to a permitted primary use, it must:
(a) 
Have a buffer strip of at least 15 feet wide between it and any adjacent lot.
(b) 
Be attractively screened from neighboring lots.
(c) 
Not extend into any setback areas, except for the driveways.
(d) 
Be used solely for the periodic parking of private passenger vehicles.
(e) 
Not have more that two curb cuts, of not less than 20 feet or more than 30 feet in width used as a means of ingress or egress for nonresidential off-street parking areas shall be permitted for each 200 feet of frontage on a public street, nor shall any such curb cut be located closer than 50 feet to the intersection of two public streets.
(2) 
For all uses, required parking shall be provided within 150 feet of such use. It shall be measured from the nearest point of the building that such facilities are required to serve.
[Amended 4-17-1989]
D. 
Schedule of parking requirements. Every use shall provide the number of off-street parking spaces specified for the applicable land use class and type, included in § 130-49, Uses permitted, as established by the Schedule of Minimum Parking Requirements, Subsection E of this section. If any specific requirements for parking are also contained in other sections of this chapter, the provision for greater number of spaces shall govern.
E. 
Schedule of Minimum Parking Requirements.1
KEY:
   DU = Dwelling unit
   NLT = Not less than
Class and Type of Use
Required Number of Parking Spaces
Class I, residential uses:
1.
One-family dwelling units
2.0 per dwelling unit
2.
Multifamily A dwelling units
2.0 per dwelling unit
3.
Multifamily B dwelling units2
[Amended 1-25-1982; 4-17-1989]
2.0 per dwelling unit
Class II, retail business uses
1.0 per 200 square feet of total floor area used for retail functions, plus 1.0 per employee
1.
Restaurants
1.0 per each 3 persons of legal capacity, plus 1.0 per employee3
Class III, finance, insurance and real estate (business)
1.0 per 100 square feet of total floor area, plus 1.0 per employee NLT 6 total
Class IV, personal service establishments (business)
1.0 per 100 square feet of total floor area or 1.0 per each chair or piece of equipment for customer use, whichever is greater, plus 1.0 per employee; NLT 4 total
Class V, business service establishments
1.0 per 200 square feet of total floor area, plus 1.0 per employee NLT 4 total
1.
Warehouses
1.0 per 1,000 square feet of total floor area, plus 1.0 per employee NLT 4 total
Class VI, repair services (business)
1.0 per 200 square feet of total floor area, plus 1.0 per employee NLT 4 total
Class VII, professional services (business)
1.0 per 100 square feet of total floor area or 3.0 per patient chair, whichever is greater, plus 1.0 per employee; NLT 5 total
1.
Convalescent and rest homes (nursing homes)
1.0 per each 3 beds, plus 1.0 per employee and visiting staff physician
Class VIII, transportation facilities (business):
1.
Passenger terminals
1.0 per 50 square feet of total floor area, plus 1.0 per employee
2.
Curbside passenger shelters
None required
3.
Commercial parking garages
In addition to that provided for parking of customer vehicles, 1.0 per employee
Class IX, utilities (business):
1.
Rights-of-way
None required
2.
Substations
1.0 per installation likely to require future maintenance and routine inspections
3.
Business and administrative offices
1.0 per 100 square feet of customer service floor area, plus 1.0 per employee
Class X, government services (public)
[Amended 12-15-1998 by Ord. No. 94-98]
1.0 per 300 square feet of total floor area or 1.0 per employee whichever is greater, plus 1.0 visitor space per office.
Class XI, miscellaneous:
1.0 per 250 square feet of total floor area
1.
Churches
1.0 per each 4 persons of leagl capacity,4 plus 1.0 per each resident of property
2.
Welfare and charitable services
1.0 per 250 square feet total floor area, plus 1.0 per employee and visiting staff; NLT 5 total
3.
Clubhouses
1.0 per each 3 club members
4.
Entertainment and assembly facilities
1.0 per each 4 persons of legal capacity,4 plus 1.0 per employee
5.
Public assembly halls
1.0 per each 4 persons of legal capacity,4 plus 1.0 per employee
6.
Public parks
2.0 per each acre included in park
7.
Swimming clubs
1.0 per each 3 members
8.
Libraries and museums
NLT 10 total
9.
10.
Marinas and boat repair yards
Boat storage yards
0.5 per each boat berthed at the facility (including transient berths) in season; in the off-season; 0.25 per each boat stored on land or in wet-storage
Class XII
1.
Hotels
1 space for each 3 rooms or 1 space for each sleeping room, whichever is a greater number plus 1 space per employee per shift. If there are other activities included within the hotel use, i.e., banquets, beach clubs, restaurants, etc., the parking requirements for those uses must be satisfied as well as the parking requirements for the general hotel use.
NOTES:
1Wherever a use is not enumerated by type, the class parking requirements shall apply. Where there are no class or type parking requirements specified for a particular use, then the amount of parking shall be as determined necessary by the Planning Board.
2In the Multifamily B Zone, 3/4 of a space per dwelling unit must be included for guest parking.
[Amended 4-17-1989]
3If 1.0 per 200 square feet of total floor area is greater, then this greater amount shall be provided.
4"Legal capacity" is the capacity of the facility as determined by fire regulations or other overriding standards of the Borough, county or state.
Off-street loading berths for the pickup and discharge of merchandise, goods, supplies and the like shall be provided at the rate of one berth for each 10,000 square feet (or part thereof) of gross leasable floor area of nonresidential uses and one berth for each 30,000 square feet (or part thereof) of gross floor area of residential uses (except for one-family) uses. For the purposes of this section, an off-street loading berth shall be held to be at least 45 feet long, 15 feet wide and 15 feet high, not including driveways or entrances and exits, maneuvering areas or loading platforms. Insofar as possible, off-street loading berths shall be enclosed within the building which they serve. In any event, off-street loading berths shall be subject to the requirements of access, entrances and exits and screening set forth for off-street parking.
[Amended 4-17-1989; 2-16-1993; 4-7-2009 by Ord. No. 1-2009]
A. 
Fences in any location more than thirty-percent solid shall not be taller than six feet. Fences located in a front yard shall not be taller than four feet. Open-wire and mesh fences and fences less than thirty-percent solid shall not be taller than six feet.
B. 
Retaining walls may be taller than six feet provided that they are not taller than one foot above the uphill (retained) side of the adjacent ground.
C. 
Fence height shall be measured off existing grade. In no case shall a fence be located on top of a deck or other structure.
D. 
Fences located within 50 feet of any river or other body of water shall not exceed four feet in height.
E. 
All fences must be erected within property lines, and no fence shall be erected so as to encroach on a public right-of-way.
F. 
All supporting members of a fence shall be located on the inside of the fence, and if erected along or adjacent to a property line, the supporting members of the fence shall face the principal portion or the tract of land of the property upon which the fence is erected.
G. 
The following shall be prohibited fencing materials in the Borough of Sea Bright:
(1) 
Barbed wire.
(2) 
Electrically charged fences.
(3) 
Broken glass surmounting a fence.
A. 
Continuance. Except as otherwise provided by this section, structures or uses existing on the effective date of this chapter may be continued even though such structure or use does not comply with the regulations specified by this chapter for the zone in which such structure or use is located; provided however, that:
(1) 
A nonconforming lot shall not be further reduced in size.
(2) 
A nonconforming structure shall not be altered unless such alteration would tend to reduce the degree of nonconformance. No nonconforming structure shall be extended horizontally or vertically, unless such extension does not increase the existing nonconformity and such extension fully complies with all current bulk requirements for that zone.
[Amended 4-7-2009 by Ord. No. 1-2009]
(3) 
A nonconforming use shall not be extended.
B. 
Abandonment. A nonconforming structure or use shall be adjudged to be abandoned when there occurs a cessation of any employment thereof by an apparent act (or failure to act) on the part of the tenant or owner to reinstate such employment or use thereof within a period of one year from the date of cessation.
C. 
Restoration. If any nonconforming structure or use shall be destroyed by reason of windstorm, fire, explosion or other act of God or the public enemy to an extent of less than 75% of the recorded true valuation, as shown by the tax assessment, then such destruction shall be deemed to be partial destruction and may be rebuilt, restored or repaired. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe by the Building Inspector or other competent legal authority having jurisdiction.
D. 
Repairs. A nonconforming structure may be repaired or refurbished but not enlarged or extended.
E. 
Conforming structures changed back to nonconforming structures. No nonconforming structure or use, if once changed into a conforming structure or use, shall be changed back again to a nonconforming structure or use.
F. 
Resulting from zone boundary change. Whenever the boundaries of a zone shall be changed so as to transfer a lot, use or structure from one zone to another zone of a different classification, the foregoing provisions shall apply to any nonconforming lot, use or structure existing therein or created thereby.
[Amended 9-19-1983; 4-17-1989; 6-2-2009 by Ord. No. 9-2009; 9-1-2009 by Ord. No. 20-2009; 2-19-2013 by Ord. No. 3-2013; 3-17-2015 by Ord. No. 3-2015; 3-6-2018 by Ord. No. 2-2018; 11-7-2018 by Ord. No. 10-2018]
All issues related to Flood Damage Prevention shall be governed by the provisions of Chapter 115, Flood Damage Prevention, of the Borough Code.
A. 
Zoning Map. For the purposes of this chapter, the Borough of Sea Bright is hereby divided into the various zones shown on the Zoning Map of the Borough of Sea Bright, dated March 21, 1989, and amended by the map attached hereto and made a part hereof. This map, together with all references and notations shown in it, is declared to be a part of this chapter until such time as a new map shall be drawn.[1]
[Amended 4-17-1989; 12-17-2002 by Ord. No. 15-2002]
[1]
Editor's Note: The Zoning Map, as amended, is included at the end of this chapter.
B. 
Zone boundaries. Where the location of a zone boundary line is not able to be precisely ascertained from inspection of the Zoning Map, the following rules shall apply:
(1) 
Zone boundary lines are intended to follow the center line of the streets, railroad rights-of-way, streams and lot or property lines as they exist on plats of record at the time of the passage of this chapter, unless such zone boundary lines are fixed by dimensions as shown on the Zoning Map.
(2) 
Where such boundaries are not fixed by dimensions and where they approximately follow lot lines and where they do not scale more than 10 feet distant therefrom, such lot lines shall be construed to be such boundaries unless specifically shown otherwise.
(3) 
In unsubdivided land and where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shown on the map, shall be determined by the use of the scale appearing thereon.
C. 
Establishment of districts. The zones shown on the Zoning Map are hereby categorized into the three kinds of districts as listed below according to the principal intent of each of the various zones as set forth subsequently in this section.
[Amended 4-17-1989]
(1) 
Residential districts.
(a) 
R-1 Residence Zones.
(b) 
R-2 Residence Zones.
(c) 
R-3 Downtown Residence Zone.
[Added 4-7-2009 by Ord. No. 1-2009]
(d) 
R-4 Multifamily Housing.
[Added 3-15-2011 by Ord. No. 4-2011]
(2) 
Business districts.
(a) 
B-1 Central Business Zones.
(b) 
B-2 Riverfront Business Zones.
(c) 
B-3 Oceanfront Business Zones.
(3) 
Coastal Protection Districts.
(a) 
CP Coastal Protection Zone.
(4) 
Mixed Use Business/Residential Zones.
[Added 4-7-2009 by Ord. No. 1-2009]
(a) 
B-R Business Residential Zone.
D. 
Intent and purposes of districts and zones. As hereinafter set forth, the intent and purposes of the various districts and zones established by this chapter shall be held to be the guiding principles to be relied upon by all who have the responsibility of interpreting, enforcing, administering and otherwise using the various provisions of this chapter. These guiding principles are to be considered specifically by the  Construction Official in his consideration of applications made to him and in his exercise of the powers of his office and by the Planning Board in consideration and action on subdivisions, site plans and other matters upon which it is herein empowered to act.
[Amended 12-15-1998 by Ord. No. 94-98]
E. 
Intent and purposes of nonresidential zones.
(1) 
The business districts established by this chapter are designed to provide sufficient space in appropriate locations for various distinct forms of business development; to satisfy the needs of modern business development by providing for off-street parking and loading and unloading areas, safe and efficient means of vehicular ingress and egress and continuity and homogeneity of business development frontage; and to encourage the development of more attractive and economic forms of building development under proper standards.
(a) 
B-1 Zone: specific intent and purpose. The B-1 Zone is the central or town business zone designed to provide for local shopping and to include a wide range of retail business and service establishments which cater to the frequently recurring needs of the residents. The primary purpose of all permitted uses in this zone should be to encourage a pedestrian-friendly, mixed-use-Main-Street character for this zone. Retail and personal service with inviting storefronts would be most encouraged, with an open feel and small scale at street level. The purpose of future development and rehabilitation in this zone should be to retain the historic charm and character of Sea Bright’s downtown.
[Amended 4-7-2009 by Ord. No. 1-2009]
(b) 
B-2 Zone: specific intent and purposes. The B-2 Riverfront Business Zone is designed to provide for the development of properties for uses oriented to river activities, especially those uses which cater to the needs and convenience of boating or to the enjoyment of the river views and vistas by others. This may include certain forms of residential uses where conflict with business uses can be avoided or appropriately minimized, together with marinas and restaurants.
(c) 
B-3 Zone: specific intent and purposes. The B-3 Oceanfront Business Zone is designed to provide for the use and development of properties for uses oriented to ocean beach activities, especially swimming and sunning. However, the Council recognizes the threat to security of this zone and the frequency of flooding and damages to this area as a result of sea water. Therefore, with due regard to the safety of persons and structures thereon, no building whatsoever shall be erected between the sea wall and the Atlantic Ocean in the B-3 Zone for any purpose.
[Amended 11-19-1984]
(2) 
CP Zone: Specific intent and purposes. The CP Coastal Protection Zone is a special zone covering a very narrow strip of land between Ocean Avenue and the Atlantic Ocean, shown on the Zoning Map. The purpose of this zone is to recognize the threat to security and frequency of flooding and damage to this area as a result of sea water. It is designed to provide the highest and best use of said land with due regard for safety of persons and structures thereon.
[Amended 12-15-1998 by Ord. No. 94-98]
A. 
Primary uses permitted schedules. All uses which are intended to be permitted in the various zones as permitted primary uses or conditional uses are classified and enumerated by Zone Schedules in Subsections C(1), (2), (3), (4) and (5), and the zones in which they are to be permitted are designated therein. Certain of these uses are further defined and described in Subsection B where it has been determined that such definition and description beyond that provided in the schedules is necessary to ensure the proper and equitable administration of this chapter.
B. 
Certain uses defined.
(1) 
Class I, residential uses.
(a) 
Type No. 1: single-family dwelling unit. A detached building containing only a single dwelling unit and no other use.
[Amended 4-17-1989]
(b) 
Multifamily A: A detached building containing not more than two residential dwelling units.
[Amended 1-25-1982; 4-17-1989]
(c) 
Multifamily B: A form of residential development containing three or more units on the same lot. The occupants of each utilize such common facilities as walkways, driveways, off-street parking, open space, recreational facilities, utility distribution and collection system.
[Amended 1-25-1982; 4-17-1989; 12-21-1999 by Ord. No. 119-99]
(2) 
Class II, retail business uses.
(a) 
Type No. 1: food, drug and liquor stores. This also includes lunch counters, sandwich shops, soda fountains and confectionery stores.
(b) 
Type No. 5: home furnishing stores. This includes furniture, household appliances, radios, televisions and music supplies.
(c) 
Type No. 6: restaurants. Establishments at which food is sold for consumption on the premises to patrons seated within a building. This includes public dining rooms and banquet halls, and a cocktail lounge as an accessory use, but does not include the type of establishment commonly referred to as drive-ins, custard stands and the like.
(d) 
Type No. S/E: gasoline service stations. Establishments at which motor fuel and oil are dispensed and at which lubrication and maintenance services, minor repairs and similar services are provided for motor vehicles, primarily noncommercial vehicles. The sale of tires, batteries and other automotive accessories is a valid accessory use in a gasoline station, which body work, painting and major mechanical overhauls are not. (See also automotive repairs, Class VI.)
(3) 
Class IV, personal service establishments.
(a) 
Type No. 1: laundering and dry-cleaning shops. Does not include laundering and dry-cleaning plants but includes pickup services for such plants and coin-operated laundering and dry-cleaning shops, commonly referred to as "laundromats."
(4) 
Class VI, repair services.
(a) 
Type No. 6: automotive repairs. Includes gasoline service stations and, in addition, includes body work, painting and major mechanical overhauls. These services are not necessarily rendered primarily for noncommercial vehicles. (See also gasoline service stations, Class II.)
(5) 
Class IX, utilities.
(a) 
Type No. 1: rights-of-way. Land owned or easements held by utility companies or agencies for the location and operation of transmission and service lines. No aboveground structures involved, except customary residential-type service pole lines and associated equipment.
(b) 
Type No. 2: substations. Facilities above- or below-ground operated by utility companies or agencies, such as: transformers, pumping stations, repeater stations and the like.
(6) 
Class X, government services.
(a) 
Type No. 2: public schools. Education institutions operated by a municipal, county or state agency serving all grade level enrollments, the programs of which shall have been approved by the New Jersey Department of Education or other cognizant agency of the state.
(b) 
Type No. 3: private schools. Same as public schools, except operated by a private party or group, does not include dancing schools, business schools, trade schools and other similar commercial ventures.
(7) 
Class XI, miscellaneous.
(a) 
Type No. 1: churches. Facilities used for public worship, including such accessory uses as chapels, parish houses and convents, but not private schools. (See private schools, Class X.)
(b) 
Type No. 3: business association offices. Includes establishments and facilities of business and trade groups, professional societies, labor unions and similar organization.
(c) 
Type No. 4: boat clubs. Establishments and facilities of bona fide nonprofit social organizations which are not adjuncts to or operated by or in conjunction with a public restaurant, tavern, cafe or other place of business and are associated with boating only.
(d) 
Type No. 5: (Reserved)
(e) 
Type No. 6: public assembly halls. Includes auditoriums, convention facilities, meeting rooms and the like.
(f) 
Type No. 7: (Reserved)
(g) 
Type No. 8: public parks. Lands and facilities providing for the outdoor recreation needs of the general public and for conservation of open space which are owned, operated and maintained by a municipal, county or state agency.
(h) 
Type No. 9: swimming clubs. Swimming facilities open to the general public which may also include such accessory uses as dressing rooms, recreation facilities, snack bars, off-street parking and the like.
(8) 
Class XI.
(a) 
Type No. 10: marina. Lands, docks and facilities providing for the sale of boats, boating equipment and accessories and leasing facilities. .
[Amended 4-17-1989]
(9) 
Class XII, hotels. A building containing more than five rooms used or intended to be used, rented or hired out to be occupied for sleeping purposes by guests and which also may contain only a general kitchen and dining room and/or drinking facilities, conference and meeting rooms. It may not contain separate kitchen facilities in each separate room.
[Added 4-17-1989]
C. 
Use regulations.
(1) 
Schedule of Use Regulations in the R-1 Zone.
(a) 
Permitted primary uses.
[1] 
Single-family dwelling unit.
[2] 
Churches.
[3] 
Public parks.
[Added 4-17-1989]
(b) 
Conditional uses.
[1] 
Real estate and insurance office (owner occupied).
[2] 
Physician's and dentist's office (owner occupied).
[3] 
Architecture, legal and engineering office (owner occupied).
[4] 
Accounting and bookkeeping services (owner occupied).
[5] 
Public building.
[6] 
Public and private schools.
(2) 
Schedule of Use Regulations in the R-2 Zone.
[Amended 4-17-1989]
(a) 
Permitted primary uses.
[Amended 1-25-1982; 12-16-1985]
[1] 
Single-family dwelling unit.
[2] 
Churches.
[3] 
Public parks.
(b) 
Conditional uses.
[1] 
Real estate insurance offices.
[2] 
Public buildings.
[3] 
Professional office uses.
[4] 
Public and private schools.[1]
[Amended 4-17-1989]
[1]
Editor's Note: Former Subsection C(2)(b)[5], Helistops, added 11-21-2000 by Ord. No. 19-00, which immediately followed this subsection, was repealed 2-20-2001 by Ord. No. 4-01.
[5] 
Helistop. The Helistop shall be a conditional use for Block 24, Lot 15, more commonly known as 828 Ocean Avenue.
[Added 7-15-2003 by Ord. No. 10-2003]
(2.1) 
Schedule of Use Regulations in the R-3 Zone.
[Added 4-7-2009 by Ord. No. 1-2009]
(a) 
Permitted primary uses.
[1] 
Single-family dwelling unit.
[2] 
Churches.
[3] 
Public parks.
(b) 
Conditional uses.
[1] 
Real estate and insurance office (owner occupied).
[2] 
Physician’s and dentist’s office (owner occupied).
[3] 
Architecture, legal and engineering office (owner occupied).
[4] 
Accounting and bookkeeping services (owner occupied).
[5] 
Public building.
[6] 
Public and private schools.
[7] 
Multifamily (provided minimum lot sizes are met).
(3) 
Schedule of Use Regulations in the B-1 Zone.
(a) 
Permitted primary uses.
[1] 
Residential uses in multistory buildings, located above permitted uses as listed below. In no case shall Class I residential uses be permitted in this zone (single-family or multifamily dwellings located on first floor of building).
[Amended 1-25-1982; 12-21-1999 by Ord. No. 119-99; 4-7-2009 by Ord. No. 1-2009]
[2] 
Class II, retail business uses.
[a] 
Type of use:
[i] 
Food, drug and liquor stores.
[ii] 
Apparel, accessory and jewelry shops.
[iii] 
Department stores and mail order houses.
[iv] 
Variety stores (five-and-ten-cent stores and catalog stores).
[v] 
Home furnishing stores.
[vi] 
Restaurants.
[vii] 
Book, stationery and gift shops.
[viii] 
Sporting goods and bicycle shops.
[ix] 
Antique stores (and secondhand shops).
[x] 
Household hardware stores.
[xi] 
Automotive accessory stores.
[xii] 
Boating and fishing accessory stores.
[xiii] 
Internet cafe.
[Added 5-6-2003 by Ord. No. 7-2003]
[3] 
Class III, finance, insurance and real estate (business).
[a] 
Type of use:
[i] 
Banks and savings and loan offices.
[ii] 
Insurance carriers and agents.
[iii] 
Real estate agents.
[iv] 
Stock brokers, agents and dealers.
[4] 
Class IV, personal service establishments (business).
[a] 
Type of use:
[i] 
Laundering and dry-cleaning shops.
[ii] 
Photographic studios.
[iii] 
Beauty and barber shops.
[iv] 
Apparel alteration and repairs.
[v] 
Yoga and exercise spa and massage therapy and well-being establishments.
[Added 4-1-2003 by Ord. No. 5-2003]
[vi] 
Dog grooming and pet grooming.
[Added 5-6-2003 by Ord. No. 7-2003]
[5] 
Class V, business service establishments.
[a] 
Type of use:
[i] 
Advertising agencies.
[ii] 
Consumer credit reporting and collection offices.
[iii] 
Duplicating and mailing services.
[iv] 
News media services (not transmitter towers).
[v] 
Employment services.
[vi] 
Building maintenance services (janitorial, etc.).
[vii] 
Business management consulting services.
[6] 
Class VI, repair services (business).
[a] 
Type of use:
[i] 
Household appliance repairs.
[ii] 
Watch and clock repairs.
[iii] 
(Reserved)[2]
[2]
Editor's Note: Former Subsection C(3)(a)[6][a][iii], Reupholstering and furniture repairs, was repealed 4-7-2009 by Ord. No. 1-2009.
[iv] 
Armature rewinding.
[v] 
Automotive repairs.
[7] 
Class VII, professional services (business).
[a] 
Type of use:
[i] 
Physician's and dentist's offices (excluding doctors of veterinary medicine).
[ii] 
Medical and dental laboratories.
[iii] 
Architecture, legal and engineering office.
[iv] 
Accounting and bookkeeping services.
[8] 
Class VIII, transportation facilities (business).
[a] 
Type of use:
[i] 
Passenger terminals.
[ii] 
Curbside passenger shelters.
[iii] 
Commercial parking garages.
[9] 
Class IX, utilities (business).
[a] 
Type of use:
[i] 
Rights-of-way.
[ii] 
Substations.
[iii] 
Business and administrative offices.
[10] 
Class X, government services (public).
[a] 
Type of use:
[i] 
Public buildings (municipal, county or state).
[ii] 
Public schools (all grade levels).
[iii] 
Private schools (all grade levels).
(b) 
Conditional uses.
[1] 
Gasoline service stations.
[2] 
Automobile car wash.
[3] 
Multifamily B (Amended 1-25-1982).
[4] 
Class XII, hotels.
[Added 4-17-1989]
[5] 
Reupholstering and furniture repairs.
[Added 4-7-2009 by Ord. No. 1-2009]
(c) 
Accessory uses.
[Added 5-6-2003 by Ord. No. 7-2003]
[1] 
Internet services.
(4) 
Schedule of Use Regulations in B-2 Zone.
(a) 
Permitted primary uses.
[Amended 4-17-1989]
[1] 
Marina or boat storage yard.
[2] 
Restaurant.
[3] 
Banking and loan offices.
[4] 
Advertising agencies.
[5] 
Business management consulting services.
[6] 
All other uses permitted as primary uses in residence zones.
[7] 
Insurance agents, real estate agents, stockbrokers.
[8] 
Multifamily A.
[9] 
Travel agency.
[Added 6-20-2000 by Ord. No. 9-00]
(b) 
Conditional uses.
[Amended 1-25-1982; 12-21-1999 by Ord. No. 119-99]
[1] 
Utility substation or business office.
[2] 
Multifamily B.
(c) 
Accessory uses.
[Added 5-6-2003 by Ord. No. 7-2003]
[1] 
Internet services.
(5) 
Use regulations in B-3 Zone.
(a) 
Permitted primary uses.
[Amended 11-19-1984; 4-17-1989]
[1] 
Class XI.
[Amended 5-6-2003 by Ord. No. 7-2003]
[a] 
Type No.8: public parks. Lands and facilities providing for the outdoor recreation needs of the general public and for conservation of open space which is owned, operated and maintained by a municipal, county, state or federal agency.
[b] 
Type No. 9: swimming clubs. Swimming facilities open to the general public or membership which may also include such accessory uses as dressing rooms, recreation facilities, snack bars, up-street parking and the like.
(b) 
Conditional uses. Conditional uses allowed in the B-3 Zone:
[Amended 11-19-1984; 4-17-1989; 6-18-2013 by Ord. No. 12-2013[3]]
[1] 
Commercial trailers shall be a permitted conditional use, subject to the following:
[a] 
There shall only be a maximum of one commercial trailer per business establishment, and only commercial activities directly related to the business establishment on that particular property that is being rebuilt or reconstructed shall be allowed to be conducted from the trailer.
[b] 
There shall be no subleasing of any such trailers whatsoever; any violation of this provision shall result in an enforcement action to require the immediate shutdown and removal of such a trailer from the subject premises.
[c] 
No commercial trailer shall be occupied unless it is code compliant and all requisite utility services are provided as per applicable codes and regulations; it shall be within the purview of the Zoning Officer and Construction Official to approve the proposed location of the trailer. No trailer shall be located within 25 feet of a public right-of-way, and shall be at least 25 feet back from any adjacent property. It is within the discretion of the Zoning Officer to advise an applicant that site plan approval may be required. If a denial letter is issued by the Zoning Officer, this decision may be appealed by the applicant as provided for under the Municipal Land Use Law.
[d] 
The occupancy of the trailer is limited to one year from date of issuance of the appropriate permit or approval. No renewal of the permit shall be permitted.
[e] 
The occupancy of the trailer must be terminated and the trailer must be removed from the premises no later than 10 calendar days of the issuance of a temporary or permanent certificate of occupancy for the subject premises.
[3]
Editor's Note: In regard to Subsection C(5)(b)[1], this ordinance also authorized the Business Administrator and Zoning Officer to develop an application process to insure that the installation of any commercial trailer be done in accordance with all applicable codes and subcodes, further providing that all work be performed with the necessary permits and inspections required by the Borough and/or the State of New Jersey.
(5.1) 
Use regulations in the BR Zone. (Note: Mixed-use buildings containing one or more permitted uses for the zone may be permitted with site plan approval).
[Added 4-7-2009 by Ord. No. 1-2009]
(a) 
Permitted primary uses.
[1] 
Class I, residential uses.
[a] 
Type No. 1 single-family dwelling unit.
[b] 
Multifamily A: a detached building containing not more than two residential dwelling units.
[2] 
Class II, retail business uses.
[a] 
Type of use:
[i] 
Food, drug and liquor stores.
[ii] 
Apparel, accessory and jewelry shops.
[iii] 
Department stores and mail order houses.
[iv] 
Variety stores (five-and-ten-cent stores and catalog stores).
[v] 
Home furnishing stores.
[vi] 
Restaurants.
[vii] 
Book, stationery and gift shops.
[viii] 
Sporting goods and bicycle shops.
[ix] 
Antique stores (and secondhand shops).
[x] 
Household hardware stores.
[xi] 
Automotive accessory stores.
[xii] 
Boating and fishing accessory stores.
[xiii] 
Internet cafe.
[3] 
Class III, finance, insurance and real estate (business).
[a] 
Type of use:
[i] 
Banks and savings and loan offices.
[ii] 
Insurance carriers and agents.
[iii] 
Real estate agents.
[iv] 
Stock brokers, agents and dealers.
[4] 
Class IV, personal service establishments (business).
[a] 
Type of use:
[i] 
Laundering and dry-cleaning shops.
[ii] 
Photographic studios.
[iii] 
Beauty and barber shops.
[iv] 
Apparel alteration and repairs.
[v] 
Yoga and exercise spa and massage therapy and well-being establishments.
[vi] 
Dog grooming and pet grooming.
[5] 
Class V, business service establishments.
[a] 
Type of use:
[i] 
Advertising agencies.
[ii] 
Consumer credit reporting and collection offices.
[iii] 
Duplicating and mailing services.
[iv] 
News media services (not transmitter towers).
[v] 
Employment services.
[vi] 
Building maintenance services (janitorial, etc.).
[vii] 
Business management consulting services.
[6] 
Class VI, repair services (business).
[a] 
Type of use:
[i] 
Household appliance repairs.
[ii] 
Watch and clock repairs.
[iii] 
(Reserved)
[iv] 
Armature rewinding.
[v] 
Automotive repairs.
[7] 
Class VII, professional services (business).
[a] 
Type of use:
[i] 
Physician's and dentist's offices (excluding doctors of veterinary medicine).
[ii] 
Medical and dental laboratories.
[iii] 
Architecture, legal and engineering office.
[iv] 
Accounting and bookkeeping services.
[8] 
Class VIII, transportation facilities (business).
[a] 
Type of use:
[i] 
Passenger terminals.
[ii] 
Curbside passenger shelters.
[iii] 
Commercial parking garages.
[9] 
Class IX, utilities (business).
[a] 
Type of use:
[i] 
Rights-of-way.
[ii] 
Substations.
[iii] 
Business and administrative offices.
[10] 
Class X, government services (public).
[a] 
Type of use:
[i] 
Public buildings (municipal, county or state).
[ii] 
Public schools (all grade levels).
[iii] 
Private schools (all grade levels).
(b) 
Conditional uses.
[1] 
Existing light industrial parcels (not permitted to expand).
[2] 
Professional offices.
[3] 
Public buildings.
[4] 
Public and private schools.
(6) 
Use regulations in the CP Zone.
(a) 
The CP Coastal Protection Zone is a special zone covering a very narrow strip of land between Ocean Avenue and the Atlantic Ocean, shown on the Zoning Map and shall be subject to the following regulations:
[Amended 4-17-1989; 4-20-1999 by Ord. No. 99-99]
[1] 
No building whatsoever shall be erected for any purpose nor shall any commercial use be permitted in this zone. The purpose of this zone is to recognize the threat to security and frequency of flooding and damage to this area as a result of sea water. It is designed to provide the highest and best use of said land with due regard for safety of persons and structures thereon.
[2] 
Owners of property within this zone may park automobiles, noncommercial automobiles and noncommercial trucks no greater than one ton in weight, without charge, provided that cars are only parked on gravel.
[3] 
There shall be no pavement used for parking within the CP Zone.
[4] 
All other vehicles shall be specifically prohibited, including but not limited to motor homes, recreational vehicles, camping trailers, boats, boat trailers, utility trailers, personal water craft, all terrain vehicles, motorcycles.
[5] 
The advertisement for sale of vehicles that are permitted to park in this zone is specifically prohibited.
[6] 
Owners of property within this zone shall also be permitted to place "no trespassing" signs on said property. Said signs shall not be larger than 12 inches by 18 inches in size.
[7] 
Property owners shall be permitted to erect fencing posts (less than three feet in height) at least four feet from the curbline and install chains between said posts when the property is not in use.
[8] 
Steps and platforms for access to the beach over the existing rocks may be erected, and the same shall have three-foot railings on both sides of the stairways and around the east/west perimeter of the platforms.
(b) 
Platforms and other structures on seawalls.
[Added 12-15-1998 by Ord. No. 94-98]
[1] 
All construction of stairs and platforms on top of the seawall shall be as per Borough of Sea Bright specifications for platforms and stairs over the sea wall. Free public access along the sea wall and across the platform must be permitted.
[Amended 4-7-2009 by Ord. No. 1-2009]
[2] 
No structure shall be permitted with any roof of any kind on said platforms.
[3] 
Any such platform which shall be placed on said rock piles shall be at the risk of the person so placing the same thereon and using same. Any such platform must be constructed and maintained so as not to create an obstruction or hazard.
[4] 
All posting of signs on any portion of the sea wall on the oceanfront in the Borough of Sea Bright, New Jersey is hereby prohibited, except that signs may be erected by the Borough. All "no trespassing" signs posted on steps leading to a platform must clearly indicate that no trespassing is limited to the private steps only and not to the sea wall itself.
D. 
Accessory and building uses.
[Amended 4-7-2009 by Ord. No. 1-2009]
(1) 
General. Any accessory use may be established, operated and maintained on a lot, provided that:
(a) 
The accessory use is customarily associated or provided with the primary use on the lot to which it relates (except garbage, trash or refuse incineration).
(b) 
The extent, size and intensity of the accessory use is in keeping with the scale, nature and characteristics of the primary use on the lot to which it relates.
(c) 
An accessory building attached to a principal building shall comply in all aspects with the yard requirements of this article for the principal building, unless attached accessory structure is less than 18 inches in height, then the following requirements for accessory structures shall apply. Detached accessory buildings shall be located in other than a front yard, and if located in a side or rear yard area, shall be set back at least five feet from all lot lines, except that storage sheds containing less than 100 square feet of floor area may be located not less than three feet from any side or rear lot line.
(d) 
Accessory buildings shall not occupy more than 35% of a required rear or side yard or a maximum of 500 square feet. Such building shall not exceed 15 feet in height.
(e) 
No detached accessory structure, in any residential zone, shall be less than five feet from the principal building.
(f) 
No accessory building in any zone shall be habitable.
(g) 
Air-conditioning units shall be considered accessory uses for the purpose of this section and shall comply with all requirements for accessory uses in that zone.
(2) 
Accessory uses prohibited. Any use or structure which is contrary to the general intent of the zone in which the lot to which it relates is located is prohibited. A few examples of accessory uses which are intended to be prohibited by this section are:
(a) 
A one-family dwelling unit on a lot used for nonresidential purposes which is located in a business district.
(b) 
A repair shop in a dwelling unit which is located in a residential district.
(c) 
A beauty shop in a building used for residential purposes which is located in a residential district.
E. 
Conditional uses.
[Amended 4-17-1989]
(1) 
It is hereby recognized that certain uses are necessary to serve the needs and convenience of the Borough of Sea Bright and the general public. It is also recognized that such uses may be or become inimical to the public health, safety or general welfare, by reason of their inherent nature and operation, if they are established without special and proper consideration of existing and probable future conditions and characteristics of the surrounding area. Such uses are hereby declared to be conditional uses.
(2) 
Conditional uses permitted. All uses which are intended to be permitted in the various zones as conditional uses are classified and enumerated in Subsection C(1), (2), (3), (4) and (5), and the zones in which they are to be permitted are designated therein.
(3) 
Guiding principles. In its consideration of any application for a conditional use permit, as provided for by Article V, the Planning Board shall duly consider and take action within the framework established by following guiding principals:
(a) 
The use is not contrary to the intent and purpose of the ordinance.
(b) 
The use is specifically designated a conditional use in the schedules in Subsection C(1), (2), (3), (4) and (5), for the zone in which located.
(c) 
The use complies with all standards such that the public health, safety and general welfare will be protected in a reasonable consideration as follows:
[1] 
Existing and probable future care to the neighborhood and zone.
[2] 
Conservation of property values.
[3] 
Traffic.
[4] 
Setback requirements.
[5] 
Principles and objectives of this chapter.
(d) 
The use shall comply with the applicable standards and requirements established by this chapter, especially those established by Article IX. If there are none so established for the particular use, then with the use shall comply with minimum requirements and standards established for the class of use in the zone in which the use is located.
F. 
Temporary uses. It is hereby recognized that certain uses which might not otherwise be permitted by this chapter are nevertheless such that their establishment and operation for a limited period of time would serve the needs and convenience of the Borough of Sea Bright and the general public. Such uses are hereby declared to be temporary uses.
(1) 
Temporary uses permitted. Temporary uses may be permitted in accordance with the provisions of Article V, subject to the following: The use is of such nature that at the time of application, it will:
(a) 
Not exert a detrimental effect upon the peaceful use and enjoyment of neighboring properties in the surrounding neighborhood and zones.
(b) 
Materially contribute to the general welfare, needs and convenience of the Borough of Sea Bright and the general public.
(2) 
Examples of temporary uses. The type of temporary uses intended to be permitted by this section is illustrated by the following examples:
(a) 
Contractors' field offices, equipment storage, materials storage and staging areas and other operations associated with the construction of facilities on the same lot, site or tract of land.
(b) 
Firemen's fair, bazaar, etc.
(c) 
Tent structures shall require a zoning permit and shall be considered temporary structures. No permit shall be issued for longer than one season. Application shall clearly state the length of time the structure shall remain installed, the size and location on property. Tent structures must be located within the property lines and comply with all setbacks for the zone in which erected. The tent structure may not be used to increase occupancy load or effect parking requirements for the site. Utilities, other than electric, are not permitted in tent structures without site plan approval. Such structures shall be subject to Building Department review and compliance with all relevant building regulations where applicable. Tent structures to be erected for less than one week on residential property shall not require a zoning permit.
[Added 4-7-2009 by Ord. No. 1-2009]
(d) 
Seasonal parking facilities. On vacant lots located in the B1 and BR Zoning Districts, seasonal parking facilities may be maintained, subject to the following conditions:
[Added 2-7-2017 by Ord. No. 2-2017; amended 4-2-2019 by Ord. No. 6-2019; 5-7-2019 by Ord. No. 9-2019]
[1] 
Seasonal parking facilities shall be permitted only from Memorial Day through Labor Day each year.
[2] 
A permit shall be obtained on an annual basis from the Zoning Officer for each vacant lot to be used for seasonal parking on an annual basis.
[3] 
No permit shall be issued unless all property taxes and assessments through the second quarter and all water and sewer fees due through the first quarter of the year are paid for the lot for which the permit is issued.
[4] 
An application for each lot shall be submitted to the Zoning Officer together with a review fee of $500 no later than May 1.
[5] 
The Zoning Officer shall include such reasonable conditions on a J4 permit which are necessary to protect the public health, safety or welfare.
[6] 
Any property owner who operates or permits, suffers or allows a seasonal parking facility to operate without a permit shall be subject to the penalty provision hereof and shall also be ineligible to obtain a permit hereunder for the year in which such illegal use occurs and the year following such use.
[7] 
Any person, firm or corporation that violates any provision hereof shall be subject to a fine of no less than $1,250 for each day the violation occurs.
G. 
Prohibited uses. Any use which is not specifically enumerated by type in the schedules in Subsection C(1), (2), (3), (4) and (5) is hereby declared to be a prohibited use. Prohibited uses shall not hereafter be permitted to be established in the Borough of Sea Bright.
The Schedule of Lot and Building Requirements, set forth in Subsection C, hereby establishes the minimum lot area and principal dimensions, the minimum yard areas and other areas to be provided on a lot, the maximum lot coverage and minimum floor area permitted or to be provided throughout the various zones established by this chapter. These requirements and standards, subject to modification by other pertinent provisions of this section or elsewhere by this chapter, shall be deemed to be the minimum requirements or maximum intensity permitted in every instance of their application in each of the several zones.
A. 
Height modifications.
(1) 
The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not used for human occupancy, or water tanks or towers.
(2) 
Chimneys, ventilators, skylights, television and radio antennas and similar accessory features situated on or above the roof level may exceed the height limitations of this chapter by not more than 15 feet. Electro-mechanical appurtenances and cupolas, domes and other architectural features used for decorative purposes shall not be habitable and shall not exceed the height limitations of this chapter by more than four feet.
[Amended 5-6-2003 by Ord. No. 7-2003; 4-7-2009 by Ord. No. 1-2009]
(3) 
A public building, school or church shall increase the depth of the front, rear and side yard areas by one foot for each foot by which such building exceeds the height limit herein established for the zone in which it is located.
(4) 
Building height. The vertical distance measured from the average elevation of the finished grade at all corners of the building to the highest point of the roof for flat roofs; the average distance between the eaves and ridge level for gable, hip, and gambrel roofs; and to the deck level for mansard roofs. Notwithstanding the above, where any finished grade at a building corner shall be three feet or more above the original grade, the original grade at such building corner shall be utilized in the calculation of the average elevation of the finished grade.
[Added 11-4-1985; amended 2-19-2013 by Ord. No. 3-2013]
(5) 
Height; proportional reduction in height for structures erected on nonconforming lots. For those structures proposed to be erected on undersized lots, the maximum permitted building height for new buildings shall be reduced proportionately from the allowable height limit of 35 feet on lots that are less than the permitted lot width within the zone. The proportional height reduction for structures that are permitted to be built on undersized lots shall be directly linked to the percentage that the undersized lot deviates from the required lot size within the zone. The above-stated formula shall apply to all undersized lots; provided, however, that the maximum permitted height for undersized lots shall not be less than 30 feet.
[Added 5-6-2003 by Ord. No. 7-2003; amended 4-7-2009 by Ord. No. 1-2009]
(6) 
Revised height limit.
[Added 6-2-2009 by Ord. No. 9-2009; amended 6-7-2011 by Ord. No. 14-2011]
(a) 
When a structure is built or raised to a minimum of three feet above the base flood elevation, then the height limit of the structure shall be revised to allow three additional feet in height to be added to the maximum allowable height for that particular structure.
[Amended 11-7-2018 by Ord. No. 10-2018]
(b) 
When renovations are made to an existing structure that has been raised a minimum of three feet above the base flood elevation, and the height limit has not been previously revised pursuant to Subsection A(6)(a), then the height limit of the structure shall be revised to allow three additional feet in height to be added to the maximum allowable height for that particular structure. In no case shall the maximum allowable height exceed three feet above the base maximum allowable height as set forth in the Schedule of Lot and Building Requirements.[1] For undersized lots, in no case shall the maximum allowable height exceed three feet above the maximum allowable height as calculated under this chapter.
[Amended 11-7-2018 by Ord. No. 10-2018]
[1]
Editor’s Note: The Schedule of Lot and Building Requirements is included as an attachment to this chapter.
(c) 
In no case shall the maximum allowable height exceed 38 feet in building height. The height limitation of 38 feet may be increased to a height not to exceed 42 feet only upon demonstration by the applicant that the additional height is necessary in order to allow an existing building to reach three feet above BFE; upon such demonstration the Borough will grant this as a design waiver and will not require the applicant to seek any type of site plan and/or variance relief. Otherwise, the building height of any structure shall not exceed 38 feet. Any application wherein the proposed building height of the structure would exceed 38 feet shall require the applicant to seek the appropriate variance relief.
[Amended 2-19-2013 by Ord. No. 3-2013; 3-17-2015 by Ord. No. 3-2015]
B. 
Permitted yard modifications.
(1) 
Area, frontage or depth. Any parcel of land with an area, lot frontage or depth less than that prescribed for the zone in which such lot is located, which parcel was under one ownership at the date of the adoption of this chapter, and the owner of which lot does not own adjoining land, may be used as a lot for any residential purpose permitted in the zone, provided that all other regulations prescribed for the zone are complied with.
(2) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection B(2), Rear and side yards, was repealed 2-2-2016 by Ord. No. 2-2016.
(3) 
Front yards. In residential zones, where the frontage on the same side of the street within 500 feet is 50% or more developed, the required front yard area for a one-family new structure may be modified to the average for such existing development.
C. 
Schedule of Lot and Building Requirements.[3]
[3]
Editor's Note: The Schedule of Lot and Building Requirements is included at the end of this chapter.
[Added 6-5-2001 by Ord. No. 10-01]
A. 
Purpose.
(1) 
The purpose of these regulations for the siting of wireless telecommunications towers and antennas is to:
(a) 
Protect residential areas and land uses from potential adverse impacts of towers and antennas.
(b) 
Encourage the location of towers in appropriate locations.
(c) 
Minimize the total number of towers throughout the community.
(d) 
Strongly encourage the joint use of tower sites as a primary option rather than construction of additional single-use towers.
(e) 
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.
(f) 
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques.
(g) 
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.
(h) 
Consider the public health and safety of communication towers.
(i) 
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
(2) 
In furtherance of these goals, the Borough of Sea Bright shall give due consideration to the Borough's Master Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.
B. 
Nonapplicability to amateur radio stations and to receive-only antennas. The provisions of this section shall not govern any antenna that is owned and operated by a federally licensed amateur radio station operator or is used exclusively as a receive-only antenna.
C. 
Antennas and towers permitted on Borough property. Wireless telecommunications towers and antennas and their related support structures and buildings, which are approved by the Borough Council and located on property owned, leased or otherwise controlled by the Borough of Sea Bright, shall be deemed a municipal facility and shall be a permitted use. Towers shall be subject to the following height and setback standards and requirements:
(1) 
Maximum tower height: 125 feet.
(2) 
Permitted projections. The following features may project above the maximum permitted height of the tower:
(a) 
Lightning rods.
(b) 
Antennas owned and operated by the Borough of Sea Bright and its emergency agencies.
(c) 
Design elements that are intended to conceal or camouflage the presence of the tower or antennas.
(3) 
Minimum setback requirements.
(a) 
Minimum setback to centerline of the tower: 90 feet.
(b) 
Minimum setback to tower projections and wireless telecommunications buildings, structures or equipment: 75 feet.
(4) 
Collocation requirement. The tower and related facilities shall be designed to accommodate at least three wireless communications providers.
D. 
Antennas and towers which are not municipal facilities. Wireless telecommunications antennas and towers may be allowed as a conditional use on property which is not owned, leased or otherwise controlled by the Borough of Sea Bright in accordance with the land use laws, standards, regulations and requirements on nonmunicipal property in those zones where public utilities are permitted as a principal use or as a conditional use.
[Added 3-15-2011 by Ord. No. 4-2011]
A. 
The land to which this district applies includes Block 34, Lot 4, in the Borough of Sea Bright.
B. 
Zoning criteria:
(1) 
Permitted principal uses comprised of the following:
(a) 
Multifamily B; no one building shall contain more than 12 residential units.
(b) 
Public uses including public parks and recreation facilities.
(2) 
Accessory uses: Accessory uses which are customarily incidental to the principal use shall be permitted.
(3) 
Zoning standards: The Zoning Ordinance intends for the site to be developed as one cohesive project.
(a) 
Maximum density shall be no more than 19 units per gross acre; four residential units shall be set aside to be developed as "affordable units" in accordance with COAH regulations.
(b) 
Minimum lot area: 1 acre.
(c) 
Minimum lot width: 100 feet.
(d) 
Minimum lot depth: 100 feet.
(e) 
Maximum building height: 45 feet and 3 1/2 stories.
(f) 
Maximum building coverage: 30%.
(g) 
Maximum total impervious coverage: 80%.
(h) 
Minimum front yard building setback: 30 feet.
(i) 
Minimum rear yard setback: 20 feet.
(j) 
Minimum side yard setback: 8 feet.
C. 
Necessary off-tract improvements shall be made per the requirements of the Municipal Land Use Law.
D. 
Supplemental design standards: Deviations from these standards, as well as other design standards set out in Borough ordinances, may be granted via design waiver.
(1) 
Residential uses shall utilize the Residential Site Improvement Standards to determine the residential parking requirement with regard to number of parking spaces.
(2) 
No more than one point of ingress/egress shall be allowed on Ocean Avenue.
(3) 
NJDOT approval for the installation of any new driveway access shall be required.
[Added 4-18-2012 by Ord. No. 7-2012]
Private swimming pools in all zones and districts shall be subject to the following requirements:
A. 
When applying for a building permit to construct a private swimming pool, the applicant must show approval from the Borough of Sea Bright Board of Health as to the suitability and adequacy of design, materials, and construction inclusive of all accessory equipment.
B. 
An outdoor private swimming pool shall not be located less than eight feet from the side or rear of the primary structure nor closer than 10 feet to any property line.
C. 
The pool filter/pumping station must not be located less than 10 feet from any side or rear property line.
D. 
Private pools situated above ground level less than 50 feet from an abutting property line shall be surrounded by a suitable drainage system leading to a street or brook so as to carry away all the water in the pool in case of a break.
E. 
Permanent under- and aboveground pools shall be surrounded entirely by an unclimbable fence, with no openings greater than a two-inch square, and capable of holding a live load of 250 pounds between posts located not more than eight feet apart; however, side(s) of the primary structure may serve as part of the enclosure. The fence shall be located not less than six feet from the closest edge of the pool. Fences shall be at least four feet high and if made of wire, they must be of the chain-link type. All supporting structures shall be on the inside of the fence, and the top of such support shall be at least one inch lower than the top of the fence. The fence must conform to all Borough ordinances.
F. 
The yard setback requirements for the zoning district in which the property is located are applicable to the footprint of the external edge of the pool structure and improvement structures associated with the pool, including, but not limited to, walkways, aprons, patios, platforms or decks adjacent to or associated with the pool or walkways; provided, however, fencing around the pool is not subject to the structural setback requirements.