[Ord. #701, § 1; 1972 Code § 89-6; Ord.
#915]
For the purpose of this Chapter, the Borough is divided into
10 zones known as:
R-1 Single-Family Residential Zone.
R-2 Single-Family Residential Zone.
R-3 Single-Family Residential Zone.
R-4 Single-Family Residential Zone.
R-5 Multi-Family Residential Zone.
R-6 Townhouse Residential Zone.
C-1 Central Commercial Zone.
C-1A Gateway Zone.
C-2 Marine Commercial Zone.
C-3 Highway Commercial Zone.
[Ord. #255; Ord. #592; 1972 Code § 89-7]
The aforesaid zones are hereby established by the designations,
locations and boundaries thereof set forth and indicated on the Official
Zoning Map to be located in the offices of the Municipal Clerk. A
general map indicating such designations, locations and boundaries
shall be attached to all copies of the Zoning Ordinance for informational
purposes only.
The Zoning Map is also included as an attachment to this chapter.
[Ord. #255; Ord. #592; 1972 Code § 89-7]
If, in accordance with the provisions of this Chapter, and the
revised statutes of the State of New Jersey, changes are made in the
zone boundaries or other matters portrayed in the Map by the Governing
Body, such changes shall be made thereon promptly by the Municipal
Clerk after such amendment has taken effect as provided by law. For
each such change in the Map, note shall be made thereof in the revision
box, of the date of revision, zone affected by the revision and of
a brief identifying description of the revision. These changes are
to be endorsed upon the Map on the effective date of the amendment.
[Ord. #255; Ord. #592; 1972 Code § 89-7]
Unauthorized and intentional changes of any kind on the Map
or matter shown thereon shall be punishable by a fine not exceeding
$200 or 90 days in jail, or both.
[Ord. #255; Ord. #592; 1972 Code § 89-8]
Whenever an uncertainty or ambiguity exists as to the true location
of any boundary line of any zone shown on the Map, the zone boundary
lines shall be decided by the Zoning Officer and may be appealed to
the Zoning Board of Adjustment.
[Ord. #255; Ord. #592; 1972 Code § 89-8]
Boundary lines indicated as following or approximately following
streets, highways or other public or private ways, shall be construed
to follow the center lines thereof.
[Ord. #255; Ord. #592; 1972 Code § 89-8]
Boundaries indicated as following or approximately following
platted lot lines shall be construed as following such lot lines as
the same appear on the Tax Map of the Borough as revised.
[Ord. #255; Ord. #592; 1972 Code § 89-8]
Boundaries indicated as following or approximately following
municipal lines shall be construed as following such municipal lines.
[Ord. #255; Ord. #592; 1972 Code § 89-8]
Boundaries indicated as following streams, rivers, or other
bodies of water shall be construed as following the center lines thereof.
[Ord. #255; Ord. #592; 1972 Code § 89-7]
All distances between parallel or concentric lines, or extensions or prolongations of features indicated in subsection 21-8.4 above, shall be construed to be at right angles in the case of parallel lines or radial in the case of concentric lines.
[Ord. #255; Ord. #592; 1972 Code § 89-9; New]
Except as hereinafter provided, no building or structure or
part thereof, and no lot or land or part thereof, shall hereinafter
be used except in conformity with the regulations herein prescribed.
Any lawful use that does not conform to the use regulations of this
Chapter shall be deemed a non-conforming use except that uses granted
as conditional uses by the appropriate Municipal Agency shall be deemed
to be conforming uses. Any enlargement of a conditional use shall
require reapplication to the same Agency. Use variances granted by
the Board of Adjustment or granted on appeal by the Governing Body
shall be deemed legal non-conforming uses. All uses not expressly
permitted in this Chapter are excluded.
[Ord. #255; Ord. #592; 1972 Code § 89-9]
Except as hereinafter provided, no building or structure or
part thereof shall hereinafter be erected, structurally altered, enlarged
or rebuilt except in conformity with the lot dimension, yard, coverage,
height and spacing regulations herein prescribed. Any building or
structure that does not conform to such regulations, hereinafter referred
to as the building regulations of this Chapter, shall be deemed a
non-conforming structure, irrespective of the use to which it is put.
Building variances granted by the appropriate Municipal Agency on
grounds of practical difficulties or undue hardship shall be deemed
to be non-conforming structures or uses.
[Ord. #255; Ord. #592; 1972 Code § 89-9]
Any legally established existing use of a building or structure,
lot or land, or part thereof, at the time of adoption of this Chapter,
which use constitutes a non-conforming use under the provisions of
this Chapter, may be continued.
[Ord. #255; Ord. #592; 1972 Code § 89-9]
Unless the context clearly indicates the contrary, the present
tense shall include the future; the singular shall include the plural;
the word "lot" shall include the work "plot"; the word "structure"
shall include the word "building"; the word "shall" is always mandatory
and directory; the work "may" is permissive. The word "use" and the
word "used" refer to any purpose for which a lot or land or part thereof
is arranged, intended, or designed to be used, occupied, maintained,
made available or offered for use, or erected, reconstructed, altered,
enlarged, moved or rebuilt with the intention or design of using the
same.
[Ord. #255; Ord. #592; 1972 Code § 89-9]
No yard, or part thereof, or any other open space, or off-street
parking or loading space required, about, or in connection with any
building for the purpose of complying with this Chapter, shall be
included as part of a yard, open space, or off-street parking or loading
space similarly required for any other building.
[Ord. #255; Ord. #592; 1972 Codes § 89-9]
No yard, lot, open space, parking or loading area or other areas
required by this Chapter that existed at the time of passage of this
Chapter shall be reduced in dimension or area below the minimum requirements
set forth herein. Yards or lots created after the effective date of
this Chapter shall meet at least the minimum requirements established
by this Chapter.
[Ord. #255; Ord. #592; 1972 Code § 89-9]
Except as hereinafter specified in this Chapter, yards and courts
required by this Chapter shall be entirely free of building or parts
thereof.
[Ord. #255; Ord. #592; 1972 Code § 89-9]
Corner lots shall provide the minimum front yard setback requirements
for the respective zone for all intersecting streets.
[Ord. #255; Ord. #592; 1972 Code § 89-9]
Cornices and eaves, chimneys and bay windows shall not project
more than two feet over any required yard or court except that no
projection shall be closer than three feet to a lot line. Any projection
over two feet shall be considered part of the principal building and
shall conform to all setbacks.
[Ord. #255; Ord. #592; 1972 Code § 89-9]
Sills, leaders, belt courses and similar ornamental or structural
features shall not project more than six inches into any required
yard or court.
[Ord. #255; Ord. #592; 1972 Code § 89-9]
Porches and entries, uncovered or covered, shall be considered
as part of the principal building and shall not project into required
yard areas if they are three feet or more in height.
[Ord. #255; Ord. #592; 1972 Code § 89-9]
On any through lot, the front of such lot shall, for the purposes
of this Chapter, be considered that frontage upon which the majority
of the buildings in the same block front, but in case there has been
no clearly defined building frontage established, the owner shall,
when applying for a building permit, specify which lot line shall
be considered the front lot line.
[Ord. #255; Ord. #592; 1972 Code § 89-9]
All front yards must face on a fifty-foot wide right-of-way
for at least 40 feet along the right-of-way line, except in the case
of cul-de-sacs or dead-end turn-arounds in which case the lot must
face on the right-of-way for at least 30 feet. No building or use
will be permitted on a lot, unless that lot has frontage on a right-of-way
that has been improved in accordance with minimum municipal standards,
or a street for which improvements satisfactory to the Municipal Engineer
have been guaranteed either by cash or bond.
[Ord. #255; Ord. #592; 1972 Code § 89-9]
Where a building lot has frontage upon a street which on the
Master Plan or official map of the municipality is contemplated for
right-of-way widening, the required front yard setback or area shall
be measured from such proposed future right-of-way lines.
[Ord. #255; Ord. #592; 1972 Code § 89-9]
Where a lot is formed from part of another lot, and occupied
by a building, such division shall be effected in such a manner as
not to impair any of the requirements of this Chapter with respect
to the existing building or yards and open spaces in connection therewith.
No permit shall be issued for the erection of a new building on a
new lot thus created, unless it complies with all the provisions of
this Chapter.
[Ord. #255; Ord. #592; 1972 Code § 89-9; Ord. #957]
No soil, mineral or similar material may be removed from or
placed on any lot, except that which is purely incidental to the construction
of a building or structure. When the quantity of cubic feet to be
excavated (except for a building foundation) or filled equals or exceeds
2% of the square feet of the lot to be filled or excavated, or in
any event if the change in elevation is two feet or more, site plan
approval of the Plan shall first be obtained from the Planning Board.
(Maximum quantity of fill allowable (cubic feet) = Lot area
in square feet x 0.02. Example: 15,000 square foot lot x 0.02 = 300
cubic feet maximum allowable fill).
Application for the permit must contain elevations or contours
at not more than two foot intervals and proposed finished grades on
a map drawn to a scale of not less than one inch equals 50 feet which
map shall be furnished by a licensed engineer or land surveyor. No
fill material shall consist of any type of industrial wastes, building
debris, obnoxious materials, or similar substances. The Planning Board
shall determine its appropriateness for the area.
[Ord. #255; Ord. #592; 1972 Code § 89-9]
No outside display of wares for sale, vending machines, or products
manufactured on the site shall be permitted in the front yard on any
lot, except as otherwise permitted by this Chapter.
[Ord. #255; Ord. #592; 1972 Code § 89-9]
Roof structures such as mechanical equipment, water towers,
etc. shall be screened from public view or designed in such a fashion
as to complement the architecture of the building.
[Ord. #255; Ord. #592; 1972 Code § 89-9]
At the intersection of two or more streets, no wall, fence,
hedge, or other structure shall be erected to a height in excess of
three feet above curb level, nor any other obstruction to vision shall
be permitted within the triangular area formed by the intersecting
street lines at points which are 25 feet distant from the point of
intersection, measured along the street line. Trees whose branches
are trimmed away to a height of at least 10 feet above curb level
shall be permitted.
[Ord. #255; Ord. #592; 1972 Code § 89-9]
All uses not specifically permitted in a zone are specifically
prohibited in that zone.
[Ord. #255; Ord. #592; 1972 Code § 89-9]
Building permits shall be required for off-street parking in
all zones.
[Ord. #255; Ord. #592; 1972 Code § 89-9; Ord. #980;
amended 11-22-2021 by Ord. No. 1112]
a.
Recreational Vehicles.
1.
Recreational vehicles shall include boats and boat trailers, trailers,
motor homes and campers.
2.
Recreational vehicles shall be permitted to be stored in any rear
or side yard but shall not be located any closer to a side or rear
lot line than a permitted accessory building and shall be located
on a durable maintenance free surface. For purposes of this section,
a side yard shall be defined as the line extending from the front
corner of the house to the nearest side line property.
3.
There can be no storage of any recreational vehicle in a front yard.
4.
The maximum length of any recreational vehicle shall be 24 feet.
5.
No more than one recreational vehicle can be stored on any property
at a time, with the exception of a single boat that is stored on a
single boat trailer.
6.
A recreational vehicle may be parked on a public street for a maximum
of 48 hours for loading and unloading. A recreational vehicle may
be parked in a driveway for a maximum of seven days for loading and
unloading.
7.
Living and/or sleeping within any stored recreational vehicle is
strictly prohibited at any time.
8.
All stored recreational vehicles must be registered in the name of
the property owner or an immediate family member with a primary residence
at the property where the recreational vehicle is parked.
9.
This section is not intended to apply to any kayak, row boat or other
similar non-motorized craft, nor is it intended to apply to any recreational
vehicle stored inside of a garage.
b.
Storage Containers.
1.
In residential zones, landscape trailers and storage containers commonly
known as storage pods, shall only be permitted to be stored on a residential
lot during renovations and/or construction and shall be removed prior
to the issuance of a Certificate of Occupancy. They shall be permitted
to be stored in any yard but shall not be located any closer to a
side or rear lot line than a permitted accessory building and shall
be located on a durable maintenance free surface. They shall be set
back no less than 10 feet from the front lot line.
2.
No landscape trailer or storage pod may be parked overnight on a
public street in any residential zone.
[Ord. #255; Ord. #592; 1972 Code § 89-9]
All tractor trailers whose prime purpose is to sell, store,
maintain, and repair goods shall be prohibited in the municipality.
The Municipal Building Inspector shall not issue permits or certificates
which will permit the tractor trailers to be located within the territorial
limitations of the municipality.
[Ord. #255; Ord. #592; Code § 89-9]
No vehicles or temporary sales of any goods shall be permitted
on any lot unless a site plan has been approved by the municipal agency.
[Ord. #255; Ord. #592; 1972 Code § 89-9; New]
No structure shall be erected on land which is unsuitable for
improvement because it is subject to flooding or other hazards to
life, health, or property, unless owner agrees to take approved adequate
measures to eliminate such hazards. The approval must be obtained
from the Planning Board, unless otherwise required from the Board
of Adjustment pursuant to the flood plain ordinance of the Borough.
The Board shall make or instigate adequate investigation by a recognized,
trained or licensed authority before granting approval and only after
a public hearing thereon. Expense incurred for such investigation
must be paid for by the applicant and no certificate or permit shall
be issued until payment in full is received. The exception to the
above would apply to structures necessary for access and safety such
as bridges, culverts, or protective walls and fences or for accessory
agricultural structures, such as irrigation facilities, dependent
upon access to water.
[Ord. #255; Ord. #592; 1972 Code § 89-9]
Any use not permitted in a zone but for which approval is given
by the Zoning Board of Adjustment shall comply with the bulk standards
of the most restrictive zone in which the use is permitted.
[Ord. #255; Ord. #592; 1972 Code § 89-9]
Any combination of advertising devices such as flags, pennants,
spinners, or similar displays shall not be permitted.
[Ord. No. 1067-2018; amended 5-24-2021 by Ord. No. 1104]
All classes of cannabis establishments or cannabis distributors
or cannabis delivery services as said terms are defined in section
3 of P.L. 2021, c. 16, but not the delivery of cannabis items and
related supplies by a delivery service, are prohibited in all zones.
The manufacture, growth or cultivation related to marijuana
is prohibited in all zones. The sale of marijuana and/or the paraphernalia
that facilitates the use of marijuana for any purpose, whether medicinal
or recreational, is prohibited in all zones.
[Added 7-23-2018 by Ord. No. 1077]
All dormitories shall be prohibited as principal or accessory
uses or structures in all zoning districts within the Borough of Brielle.
[Added 5-24-2021 by Ord. No. 1105]
a.
All multifamily residential development, including the residential
portion of a mixed-use project, which consists of five or more new
residential units, over and above that which is currently permitted,
whether permitted by a zoning amendment, a use variance granted by
the Zoning Board, or adoption of a redevelopment plan or amended redevelopment
plan in areas in need of redevelopment or rehabilitation, shall require
that an appropriate percentage of the residential units be set aside
for very-low-, low- and moderate-income households.
b.
This requirement shall not apply to residential expansions, additions,
renovations, replacement, or any other type of residential development
that does not result in a net increase in the number of dwellings
of five or more.
c.
For inclusionary projects in which the affordable units are to be
offered for sale, the set-aside percentage should be 20%; for projects
which the affordable units are to be offered for rent, the set-aside
percentage should be 15%.
d.
The developer shall provide that half of the affordable units constructed
be reserved for low-income households and that the remaining half
be reserved for moderate-income households. At least 13% of all restricted
units shall be very-low-income units (affordable to a household earning
30% or less of median income). The very-low-income units shall be
counted as part of the required number of low-income units within
the development.
e.
Subdivision and site plan approval shall be denied by the Board unless
the developer complies with the requirements to provide very-low-,
low- and moderate-income housing pursuant to the provisions of this
section. A property shall not be permitted to be subdivided so as
to avoid meeting this requirement. The Board may impose any reasonable
conditions to ensure such compliance.
f.
This requirement does not create any entitlement for a property owner
or applicant for a zoning amendment, variance, or adoption of redevelopment
plan or amended redevelopment plan in area in need of redevelopment
or rehabilitation or for approval of any particular proposed project.
g.
In the event that the inclusionary set-aside percentage (15% or 20%)
of the total number of residential units does not result in a full
integer, the developer shall round the set-aside upward to construct
a whole additional affordable unit.
