This chapter shall be known and may be cited
as the "Zoning Ordinance of the City of Long Branch, 1989 Revision."
The purpose of this chapter is to encourage
the most appropriate use of land throughout the City and to conserve
the value of property, with due consideration for the character of
the zones and their peculiar suitability for particular uses, all
in accordance with a comprehensive plan designed to lessen congestion
in the streets, to secure safety from fire, panic, flood and other
dangers; to promote health and the general welfare; to provide adequate
light and air; to prevent the overcrowding of land, to avoid undue
concentration of population and to that end to regulate the height,
design, appearance, number of stories and size of buildings and other
structures; the percentage of the area of the lot that may be occupied;
the size of yards, courts and other open spaces; the density of population
and the location and use of buildings, structures and land for trade,
industry, residence or other purposes; and the height, size and location
of these uses within the limits of the City.
Whenever a term is used in this chapter which
is defined in the Municipal Land Use Law,[1] such term is intended to have the meaning set forth in
the definition of such term found in said statute, unless a contrary
intention is clearly expressed from the context of the chapter or
the term is otherwise defined herein.
See "building, accessory."
[Added 7-28-2009 by Ord. No. 14-09]
A structure located on the same lot and customarily incidental
and subordinate to the principal building or use. See "structure."
[Added 7-28-2009 by Ord. No. 14-09]
A use customarily incidental and subordinate to the principal
use or structure and located on the same lot with such principal use
or structure.
Any facility designed primarily for competitive or recreational
sports and athletic activities, as well as the presentation of public
entertainment events and expositions. Eating and drinking facilities,
retail specialty shops and electronic/video apparatus shall be allowed
as an accessory use within said active recreational sports and entertainment
facility.
[Added 2-14-1995 by Ord. No. 8-95]
[Added 2-14-1995 by Ord. No.
6-95]
Includes uses, alone or in combination, such
as the following:
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals, novelty items, movies and/or videotapes which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, or an establishment with a segment or section devoted to the sale or display of such material.
ADULT MOTION PICTURE THEATERAn enclosed building with a capacity of 50 or more persons used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by patrons therein.
ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by patrons therein.
CABARETAn establishment which features go-go dancers, exotic dancers, strippers or similar entertainers or employees.
For the purpose of this definition, "specified
sexual activities" is defined as human genitals in a state of sexual
stimulation or arousal; acts of human masturbation, sexual intercourse
or sodomy; and/or fondling or other erotic touching of human genitals,
pubic region, buttock or/female breast; and "specified anatomical
areas" is defined as less than completely and opaquely covered human
genitals, pubic region, buttock or female breast below a point immediately
above the top of the areola and/or human male genitals in a discernibly
turgid state, even if completely and opaquely covered.
Any change in or rearrangement of structural parts of a building.
Any place of business displaying for public patronage or
keeping for operation in excess of two mechanical and/or electronic
amusement devices.
A portion of a building partly underground but having less
than 1/2 of its clear height below finished grade.
An establishment owning and/or operating ocean beach property
as a bathing beach, whether or not additional recreational facilities
are provided, operated on a membership basis and restricted to the
use of members and their guests.[2]
Any space or area in a building used for, but not limited
to, the following: sleeping facilities, guest room, library, game
room, sun room, private office, hobby room, den, sitting room, home
gym, loft or any other similar-type use.
The Planning Board or Zoning Board of Adjustment of the City.
Any dwelling in which more than one person is housed or lodged
for hire with meals. A nursing, rest, or convalescent home shall not
be deemed a boardinghouse. A home for sheltered care of adult persons
as defined by N.J.S.A. 30:11A-1 shall not be considered a boardinghouse.
A continuous planting strip of trees and/or shrubs densely
planted so as to restrict a clear view beyond such strip. Buffer planting
in front yard areas may not exceed four feet in height. Buffer plantings
in side or rear yards must be at least six feet in height.
Any structure having a roof supported by columns, piers or
walls and intended for the shelter, housing, or enclosure of any individual,
animal, process, equipment, goods or materials of any kind.
[Amended 7-28-2009 by Ord. No. 14-09]
A subordinate building on the same lot as the principal or
main building or use that may be used as an accessory use and may
not be used as or converted to a separate dwelling unit, business
or principal use. See "building" and "accessory use."
[Added 7-28-2009 by Ord. No. 14-09]
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps, except as otherwise provided. (See § 345-11V.) Such areas shall be computed by using outside building dimensions. For the purpose of calculating parking requirements, fees and/or variances, the gross floor area (see definition) and/or gross habitable floor area (see definition) requirements shall apply.
[Amended 6-22-1993 by Ord. No. 19-93]
The vertical distance measured from the average elevation of the proposed finished grade at each of the corners of the building to the highest point of the building or roof peak, whichever is higher, exclusive of chimneys and similar structures as listed in § 345-10A. Where terracing of roofs is involved, the vertical distance shall be measured from the mean ground level to the highest terrace. (See also "grade, finished.")
A line formed by the vertical projection to the ground of
the exterior surface of the building on any side. In cases of a cantilevered
section of a building or sun parlors and covered porches, whether
enclosed or unenclosed, but not including the steps, the vertical
projection will coincide with the surface nearest the lot lines. All
yards are measured to the building line. However, bay windows, fireplaces
and cantilevered or bowed rooms may extend beyond the foregoing, but
in no event more than two feet from the rear and front building line
only, and shall not exceed 25% of the entire building line. Open columns
and roofs over front stairs may also extend beyond the foregoing,
but in no event further than six feet toward the street and shall
not exceed 12 feet in width.
[Amended 8-13-2002 by Ord. No. 31-02]
A building within which is conducted the main or principal
use of the lot on which such building is situated.
A designated location either operated by a licensed retailer
for adult use or a permit holder for dispensing medical cannabis for
which both a state and local endorsement has been obtained, that is
either:
[Added 12-8-2021 by Ord. No. 22-21]
An indoor structurally enclosed area of the cannabis retailer
for adult use or permit holder that is separate from the area in which
retail sales of cannabis items for adult use or the dispensing of
medical cannabis occurs; or
An exterior structure on the same premises as the cannabis retailer
or permit holder, either separate from or connected to the cannabis
retailer or permit holder, at which cannabis items or medical either
obtained from the retailer or permit holder, or brought by a person
to the consumption area, may be consumed.
Any licensed person or entity that grows, cultivates or produces
cannabis in this state, and sells and may transport this cannabis
to other cannabis cultivators or usable cannabis to cannabis manufacturers,
cannabis wholesalers or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 1 cannabis cultivator's license.
[Added 12-8-2021 by Ord. No. 22-21]
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service which, after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer. This person or entity shall hold a Class 6 cannabis
delivery license.
[Added 12-8-2021 by Ord. No. 22-21]
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities. This person or entity shall hold a Class 4 cannabis distributor's
license.
[Added 12-8-2021 by Ord. No. 22-21]
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to the other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 2 cannabis manufacturer's
license.
[Added 12-8-2021 by Ord. No. 22-21]
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to the consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer. This
person or entity shall hold a Class 5 cannabis retail license.
[Added 12-8-2021 by Ord. No. 22-21]
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers. This person or entity shall hold a Class 3 cannabis wholesaler
license.
[Added 12-8-2021 by Ord. No. 22-21]
A story partly or completely underground and having more
than 1/2 of its clear height below the average level of the finished
grade at the perimeter of the building.
A certificate issued by the Construction Official upon completed construction, alteration or change of use of a building. The certificate shall acknowledge compliance with all requirements of the State Uniform Construction Code, N.J.A.C. 5:23-1 et seq., as amended. A certificate of occupancy is issued by the Fire Prevention Bureau prior to a change of occupancy of any building. The certificate shall acknowledge compliance with all requirements of the BOCA National Property Maintenance Code, 1996 Edition, as adopted in § 262-21 of this Code.
[Amended 7-27-2004 by Ord. No. 26-04; 6-12-2007 by Ord. No.
24-07; 6-25-2013 by Ord. No. 8-13]
A building or group of buildings, including customary accessory
buildings, designed or intended for public worship. For the purpose
of this chapter, the word "church" shall include chapels, congregations,
cathedrals, temples and similar designations, as well as parish houses,
convents and such accessory uses.
Premises and/or buildings maintained by an organization catering
exclusively to members and their guests for social, recreational or
athletic purposes, which are not conducted primarily for gain, provided
that there are not conducted any vending stands, merchandising or
commercial activities except as required generally for the membership
and purposes of such club.
An established area where several farmers/growers gather
on a regular, recurring basis to sell a variety of fresh fruits and
vegetables as well as other farm products directly to the consumer.
[Added 5-26-2009 by Ord. No. 9-09]
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter
and personal guidance, under such supervision as required, to not
more than 15 developmentally disabled or mentally ill persons who
require assistance, temporarily or permanently, in order to live in
the community and shall include but not be limited to group homes,
halfway houses, intermediate care facilities, supervised apartment
living arrangements and hostels. Such a residence shall not be considered
a health care facility within the meaning of the Health Care Facilities
Planning Act, P.L. 1971, c. 136, (N.J.S.A. 26:2H-1 et al.).
[Amended 11-10-1998 by Ord. No. 38-98; 2-23-1999 by Ord. No.
14-99]
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to P.L. 1979, c. 337
(N.J.S.A. 30:14-1 et seq.), providing food, shelter, medical care,
legal assistance, personal guidance and other services to not more
than 15 persons who have been victims of domestic violence, including
any children of such victims, who temporarily require shelter and
assistance in order to protect their physical or physiological welfare.
[Amended 11-10-1998 by Ord. No. 38-98; 2-23-1999 by Ord. No.
14-99]
A use permitted in a particular zoning district only upon
a showing that such a use in a specified location will comply with
the conditions and standards for the location or operation of such
use as contained in the provisions of this chapter and upon the issuance
of an authorization therefor by the Planning Board.
Typically a store dedicated to the selling of foodstuffs
and/or general merchandise which is specifically designed to provide
a limited stock-in-trade and which caters to quick in-and-out shopping.
A convenience store may contain a delicatessen or prepared food section.
A convenience store may contain not more than two coin-operated amusement
machines. The maximum floor area allowed for a convenience store is
3,000 square feet.
That percentage of the plot or lot area covered by the building
area.
An unfinished area of five feet or less in height between
ground level and floor joists or ceiling joists and roof rafters suitable
for storage but not habitation.
A business venture primarily concerned with the retail sale
of groceries, cooked meats, hors d'oeuvres, prepared salads and sandwiches.
As an adjunct to such use, a delicatessen may set aside no more than
30% of the overall area of the store for an on-site dining area.
The number of dwelling units, which may be or are developed
per gross acre of land, including areas used for public access and/or
open space.
A person who is developmentally disabled as defined in § 2
of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), and "mentally ill person"
means a person who is afflicted with a mental illness as defined in
N.J.S.A. 30:4-23,[3] but shall not include a person who has been committed
after having been found not guilty of a criminal offense by reason
of insanity or having been found unfit to be tried on a criminal charge.
[Amended 11-10-1998 by Ord. No. 38-98; 2-23-1999 by Ord. No.
14-99]
A detached building containing five or more dwelling units.
Includes the following separate rooms or a combination thereof:
a kitchen; a dining room; a living room; or a combination kitchen
and dining room with a separate living room or a separate kitchen
with a combined living room and dining area, provided that in no case
shall a kitchen be combined with a living room; a bathroom with toilet
and bath facilities; a bedroom; and/or outdoor patio. No additional
room shall be permitted excepting hallways and suitable closet and
storage space unless such extra room is clearly designated as an additional
bedroom.
A detached building and dwelling unit designed for or occupied
exclusively by a reasonable number of persons (in relation to available
sleeping and bathroom facilities), living and cooking together as
a bona fide single housekeeping unit, exclusive of household servants,
and constituting a stable and permanent living unit of a distinct
domestic character, in a traditional family unit or the functional
equivalent thereof, using certain rooms and housekeeping facilities
in common. This definition shall not include any society, club, fraternity,
sorority, association, lodge, combine, federation, group, coterie
or organization which is not a recognized religious order and shall
not include boardinghouses or dormitories.
[Amended 10-10-2000 by Ord. No. 36-00; 7-27-2004 by Ord. No.
26-04]
For all dwellings in the City of Long Branch, the following
standards are adopted by reference: In accordance with the provisions
of N.J.S.A. 40:49-5.1, the BOCA National Property Maintenance Code,
1996 Edition, excluding Section PM-11.0, et seq., Means of appeal,
is hereby adopted as the standard governing supplied utilities, facilities
and other physical things and conditions to make buildings and dwellings,
both residential and nonresidential, safe, sanitary and fit for human
habitation, occupancy or use. A copy of the BOCA National Property
Maintenance Code, 1996 Edition, is attached and made a part of this
chapter without the text being included therein.[4]
[Added 11-28-2000 by Ord. No. 48-00]
Includes the following separate rooms or a combination thereof:
a kitchen; a dining room; a living room; or a combination kitchen
with a combined living room and dining area, provided that in no case
shall a kitchen be combined with a living room; a bathroom with toilet
and bath facilities; a master bedroom; a second bedroom and third
bedroom; and/or an outdoor patio.
Includes the following separate rooms or a combination thereof:
a kitchen; a dining room; a living room; or a combination kitchen
and dining room with a separate living room; or a separate kitchen
with a combined living room and dining area, provided that in no case
shall a kitchen be combined with a living room; a bathroom with toilet
and bath facilities; a master bedroom; and second bedroom; and/or
an outdoor patio. No additional room shall be permitted, excepting
hallways and suitable closet and storage space, unless such extra
room is clearly designated as an additional bedroom.
A detached building containing two, three or four dwelling
units, respectively.
A building or part thereof having cooking, sleeping and sanitary
facilities designed for or occupied by one family and which is entirely
separated from any other dwelling unit in the building by vertical
walls or horizontal floors, unpierced, except for access to the outside
or a common cellar.
Facilities used in the training, education, research and
study by the professional members, as well as the staff and students,
as they are related to the recognized medical and allied medical professions.
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground
or overhead gas, electric, steam, water or sewage transmission or
distribution systems, including poles, wires, mains, drains, sewers,
pipes, conduits, cables, fire alarm boxes, police call boxes, traffic
signals, hydrants, meters, valves and other similar equipment and
accessories in connection therewith, including housing for any of
the foregoing, reasonably necessary for the furnishing of adequate
service by such public utilities or municipal or other governmental
agencies for the public health or safety or general welfare.
A reasonable number of persons (in relation to available
sleeping and bathroom facilities) occupying a dwelling unit and living
as a bona fide single, nonprofit housekeeping unit, living and cooking
together, and constituting a stable and permanent living unit of a
distinct domestic character, being a traditional family unit or the
functional equivalent thereof, using certain rooms and housekeeping
facilities in common. This definition shall not include any society,
club, fraternity, sorority, association, lodge, combine, federation,
group, coterie or organization which is not a recognized religious
order.
[Amended 10-10-2000 by Ord. No. 36-00; 7-27-2004 by Ord. No.
26-04]
A retail outlet normally owned or operated by a producer
or farm unit, located on-farm or off-farm, selling products produced
by the farm directly to the consumer.
[Added 5-26-2009 by Ord. No. 9-09]
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials
erected for the enclosure of yard areas.
A building rented, occupied or owned by a general or local
chapter of some regularly organized college fraternity, or on its
behalf, by a building corporation or association composed of members
of alumni thereof, and occupied by members of a local chapter of such
fraternity as a place of residence. Fraternity or sorority houses
shall not be permitted in any zone within the City.
A building used as an accessory to the main building which
provides for the storage of motor vehicles and in which no occupation,
business or services for profit are carried on.
Any garage other than a private garage, available to the
public, operated for gain and which is used for the storage of automobiles
or other motor vehicles, including the supply of gasoline or oil or
other fuel for vehicular propulsion.
One or more multifamily buildings designed and erected as
an integrated development with singleness of use and operation and
which utilizes such common facilities as pedestrian walks, parking
and garage areas, open space or recreation areas and utility, sanitary
and drainage systems.
The existing undisturbed elevation of land, ground and topography
preexisting or existing on a lot, parcel or tract of land in the City
at the time of the adoption of this chapter.
The completed surface of lawns, walks and roads brought to
grade as shown on official plans or designs relating thereto or as
existing if no plans or designs have been approved. In the event that
a lot or lots are to be regraded in order to increase the lot height,
and as a result building height shall be increased beyond the original
allowable height and no other provision of this section requires the
prior approval of the same, then in that event, a site plan shall
be submitted to the Planning Board of the City of Long Branch. It
is the intent of this section of this provision to prohibit the increase
of allowable building height by means of the use of mounding, terracing
or other devices without the appropriate board reviewing and approving
a site plan of such proposed grade changes. However, such approval
shall not be required for a single-family home with an increase of
lot height of 18 inches or less measured at the average perimeter
of the building.
A zoning permit shall be required should any
portion of any property be graded more than 18 inches over an area
of 5,000 square feet or more, or any portion of any property be graded
above three feet, and no site plan review is required. Plans drawn
by an appropriate licensed professional, showing existing and proposed
evaluations and contours, shall be submitted for review. An escrow
shall be posted in a minimum amount of $500 in order for the City
Engineers to do a drainage and grading review, to which the applicant
will be bound by its conditions or requirements. This requirement
shall also apply to any development or grading activity not requiring
a site plan review which is located in a floodplain.
[Added 4-10-2001 by Ord. No. 12-01]
The sum of the gross horizontal areas of all of the floors
of a building measured between the inside face of the exterior walls
or from the center line of walls common to two dwelling units.
The sum of the gross horizontal areas of all of the floors
of a building measured between the inside face of exterior walls or
from the center line of walls separating two units, having a clear
ceiling height of six feet or greater. Any cellar, basement, hallways,
closets, storage areas, garage space, breezeways, interior patios,
enclosed porches or accessory buildings are not to be included in
computing gross habitable floor area.
Any establishment duly licensed by the New Jersey Division
of Consumer Affairs Board of Cosmetology and Hair Styling to provide
those services authorized under the pertinent rules and regulations
promulgated by the Office of Administrative Law. Said establishment
may also sell related supplies and accessories in such quantities
reasonably necessary to fulfill the needs of its customers.
[Added 2-14-1995 by Ord. No. 8-95]
An establishment that, by its nature, provides apparatus
and/or instruction in various aerobic and/or athletic exercises.
[Added 6-22-1993 by Ord. No. 19-93]
An accessory use of a service character, customarily conducted
within a dwelling solely by the residents, which occupies not more
than 35% of the gross floor area of the dwelling and does not change
the character or any exterior evidence of such secondary use, other
than a permitted identification sign, and, in connection therewith,
there is not involved the keeping of stock-in-trade. Such occupations
as dressmaker, tailor, milliner, typist and instructor in violin,
piano or other individual musical instrument, which offer direct personal
instruction or services on an individual basis, shall be deemed to
be a home occupation. For the purposes of this chapter, this shall
mean the accommodation of one individual at any one time on the premises.
The office of a member of a recognized learned profession
as hereinafter indicated when conducted by a member of the residential
family entirely within a residential building and shall include only
the office of a doctor, lawyer, architect, engineer and similar learned
professional occupations herein restricted, provided that not more
than two persons, not resident on the premises, shall be employed
upon the premises. The offices shall not occupy more than the equivalent
of 40% of the area of the first floor of the principal building. A
home professional office shall not include the office of any person
professionally engaged in the purchase or sale of economic goods.
Studios for dancing instructions, band instrument or voice instruction
in groups, tearooms, tourist homes, beauty parlors, barbershops, hairdressing
and manicuring establishments, real estate offices, mortuary establishments,
biological or other medical testing laboratory and stores, trades
or businesses of any kind not herein excepted shall not be deemed
to be home professional offices.
An institution providing health services under the supervision
of licensed physicians, primarily for human inpatients and medical
and surgical care for the sick or injured, and including related facilities,
central service facilities and staff offices which are an integral
part of the facilities.
An establishment providing lodging and usually meals for
the general public, especially transients. It may include such uses
incident to the operation as herein defined as follows: rest rooms,
offices, meeting rooms, swimming pools, cabanas, restaurants, cocktail
lounges, beauty parlors, barbershops, men's and women's wearing apparel
stores, sale of newspapers, periodicals, souvenirs, cigars, cigarettes
and novelties, jewelry stores, drug and sundry stores and soda fountains,
florist shops and stock brokerage offices. The uses when proposed
as part of and in direct support of the above-described establishments
shall be conducted within the principal building with the exception
of cabanas and swimming pools.
Buildings with an educational, religious or charitable use
on the second floor or above a building that contains retail on the
ground floor.
[Added 4-28-2015 by Ord.
No. 5-15]
Any music vending machine, contrivance or device which, upon
the insertion of a coin, slug, token, plate, disc or key into any
slot, crevice or other opening, or by the payment of any price, operates
or may be operated for the emission of songs, music or similar amusement.
Any area and/or structure used or intended to be used for
selling, buying, storing or trading of used or discarded metal, glass,
paper, cordage or any used or disabled fixtures, vehicles, boats or
equipment of any kind. The premises on which the deposit or storage
of any used, wrecked or otherwise disabled vehicles, boats or other
parts occurs for a period of one month or more shall be deemed to
be a junkyard.
An establishment where four or more children are kept during
the daytime for elementary instruction.
See "boardinghouse" and "rooming house."
A parcel or area of land the dimensions and extent of which
are determined by the latest official records or by the latest approved
map of a subdivision of which the lot is a part.
LOT AREAAn area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.
LOT AREA RATIOThe minimum lot area in square feet which is required for each dwelling unit.
LOT, CORNERA parcel of land at the junction of and fronting on two or more intersecting streets.
LOT COVERAGEThat percentage of the lot area which may be devoted to structure area. (See "structure.")
[Amended 6-22-1993 by Ord. No. 19-93]
LOT DEPTHThe average horizontal distance between the front and rear lot lines, measured at right angles to the street.
LOT FRONTAGEA lot line or portion thereof which is coexistent with a street line. In the case of a street of undefined width, the lot lines shall be assumed to parallel the center line of the street at a distance of 25 feet therefrom. In the case of corner lots, the smaller of the two lot lines coexistent with street lines shall be considered as the frontage.
LOT LINEAny line designating the extent of existing or intended separate parcels of land according to maps and plats of record filed with the County Recorder, regardless of ownership.
LOT WIDTHThe horizontal distance between the side lot lines measured at right angles to its depth and at a point which constitutes the rear line of the required front yard space.
LOT, IRREGULAR(See also § 345-10B.) Any lot which:
Contains a lot frontage as measured at the street
right-of-way line of less than 50% of the minimum lot width requirement;
Contains any appendages or areas which will
not allow for the potential development of any conforming structure
or use; or
Contains more than six sides.
[Amended 6-22-1993 by Ord. No. 19-93]
The treatment or processing of raw products and the production
of articles or finished products from raw or prepared materials by
giving them new forms or qualities.
A composite of one or more written or graphic proposals for
the development of the City as set forth and adopted pursuant to N.J.S.A.
40:55D-28.
Any machine which, upon the insertion of a coin, slug, token,
plate or disc, may be operated by the public generally for use as
a game, entertainment or amusement, whether or not registering a score.
It shall include, but not be limited to, marble machines, pinball
machines, skill ball, mechanical grab machines and any mechanical
or electronic video game operation or transaction similar thereto
and under whatever name it may be indicated. It shall not include
nor shall this definition apply to jukeboxes.
The offices to be utilized by a member of a recognized medical
and allied medical profession. Such office shall contain but not be
limited to facilities necessary for the treatment, examination, research
and study of the problems associated with the uses permitted in the
Medical Center (M) Zone.
Those professions necessary for patient care, treatment,
examination, study and research in the fields, including but not limited
to medical, dental and dental hygiene, optometry, chiropractic, podiatry,
psychiatric, psychological, physical therapy and pharmacological professions.
Those facilities utilized by a medical center and/or hospital
in the diagnostic, prognostic and physical care and treatment of its
patients, as well as facilities used by the medical and allied medical
professions.
A complex of principal and accessory buildings and facilities
utilized in the medical and surgical treatment and care of patients,
as well as those buildings and structures used for the maintenance
of these buildings and necessary related facilities, to include, but
not be limited to, medical and allied medical professional offices,
educational and training facilities, laboratories and outpatient medical
clinics.
A group of one or more buildings of not more than six stories
of dwelling units designed and erected as a project of dwelling units
with singleness of use and operation and where joint or communal use
is to be made of open areas by the occupants, whether it be for recreation,
parking of automobiles or other communal purposes. Parking levels
below finished grade shall not be counted toward the six-story limitation.
A series of attached units for transient occupancy where
each unit has direct access to parking space for use of the unit's
occupant. The units shall include facilities for living and sleeping
only and shall include a bedroom and a separate bathroom which affords
privacy to a person within the room and which is equipped with a flush
water closet, a lavatory basin and a bathtub or shower. A motel may
include such uses incident to the operation as herein defined as follows:
rest rooms, offices, meeting rooms, swimming pools, cabanas, restaurants,
cocktail lounges, beauty parlors, barbershops, men's and women's wearing
apparel stores, sale of newspapers, periodicals, souvenirs, cigars,
cigarettes and novelties, jewelry stores, drug and sundry stores and
soda fountains, florist shops and stock brokerage offices. Such uses
when proposed as part of and in direct support of the above-described
establishment shall be conducted within the principal building with
the exception of cabanas and swimming pools.
A series of attached units for occupancy where each unit
has direct access to parking space for use of the unit's occupant.
The units shall include a combination room for living, sleeping, cooking
and eating and shall include a bedroom and a separate bathroom which
affords privacy to a person within the room and which is equipped
with a flush water closet, a lavatory basin and a bathtub or shower.
It may include such uses incident to the operation as herein defined
as follows: rest rooms, offices, meeting rooms, swimming pools, cabanas,
restaurants, cocktail lounges, beauty parlors, barbershops, men's
and women's wearing apparel stores, sales of newspapers, periodicals,
souvenirs, cigars, cigarettes and novelties, jewelry stores, drug
and sundry stores and soda fountains, florist shops and stock brokerage
offices. Such uses when proposed as part of or in direct support of
the above-described establishment shall be conducted within the principal
building with the exception of cabanas and swimming pools.
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances and which may or may not include facilities
for lubricating, washing or other minor services to motor vehicles.
A building or structure which, in its design or location
upon a lot, was lawful prior to the adoption or amendment of this
chapter, but which fails to conform to the regulations of this chapter
for the zone in which it is located by reason of such adoption or
amendment.[5]
A lot of record existing which was lawful prior to the adoption
or amendment of this chapter, but which fails to conform to the requirements
of the zone in which it is located by reason of such adoption or amendment.[6]
A use of a building or of land which conformed to the lawful
requirements for the zone in which it is located prior to the adoption
or amendment of this chapter, but which fails to conform to the regulations
of this chapter for the zone in which it is located by reason of such
adoption or amendment.[7]
A privately operated establishment where four or more children
under six years of age are kept during the daytime while their parent
or parents are at work or otherwise engaged.
A health facility licensed by the City where persons are
housed and furnished with meals and continuing nursing care in return
for compensation and under the general supervision of a licensed physician
or registered nurse. A home for the sheltered care of adult persons
as defined by N.J.S.A. 30:11A-1 shall not be considered a nursing,
rest or convalescent home.
The specific purpose for which land or a building is used,
designed or maintained.
Located outside the lot lines of the lot in question, but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, Board of Education, state or county agency or other
public body for recreational or conservational uses.
An unoccupied, grassed, wooded or landscaped area open to
the sky on the same lot with a principal and/or accessory building.
Improved sidewalks, paved paths or other pedestrianways within an
unoccupied open space area which exceed four feet in width shall be
deducted in determining the unoccupied open space area. Parking area
or traffic channelization islands which are not landscaped or which
have an area less than 350 square feet shall not be considered as
unoccupied open space.
A public or private area, designated and used for parking
motor vehicles, including parking lots, garages, private driveways,
and legally designated areas.
[Added 4-24-2012 by Ord. No. 8-12]
An off-street, ground-level open area that provides temporary
storage for motor vehicles. See "parking area."
[Added 4-24-2012 by Ord. No. 8-12]
An off-street space available for the rectangle parking of
a motor vehicle and which in this chapter is held to be at least nine
feet in width and 18 feet in length, exclusive of passageways appurtenant
thereto and giving access thereto.
The owner/occupant of a one-family dwelling or a tenant or
group of tenants, the majority of whom have resided in the one-family
dwelling for a continuous period of two years, or who have a written
lease for the premises of at least two years’ duration, or have
resided in the premises for at least one year and have a lease for
at least one additional year at the time an application is made.
[Added 6-12-2007 by Ord. No. 24-07]
A structurally sound combination of materials which extends
from the westerly side of the state bulkhead for a minimum distance
of 300 feet east of the existing mean high-water mark.
(See "church.")
The Planning Board of the City.
A temporary portable containerized property storage facility or unit intended to be utilized upon the exterior of residential premises for the purpose of storing all types of items of personal and household property either for pure storage or to facilitate the moving of persons from household unit to household unit, with the understanding that such unit, after the period of time as noted in § 345-11P, will be moved to commercial storage facilities.
[Added 12-27-2011 by Ord. No. 40-11]
The office of a member of a recognized profession, which
shall be so designated by the approving authority upon finding by
such approving authority that such occupation is professional in character
and requires licensing and training and experience as a condition
for the practice thereof, and that the practice of such occupation
shall in no way adversely affect the safe and comfortable enjoyment
of property rights in any zone to any greater extent than would the
permitted uses listed in that zone. The issuance of a state or local
license for regulation of any such occupation shall not, alone, be
deemed indicative of professional standing. When such office is combined
with a residence, the conditions of home occupation or, where applicable,
home professional office shall apply.
An establishment where glass, metal, aluminum and paper waste
products are brought for separation, preparation, storage and disposal.
All facets of the recycling process are to take place indoors, except
that the finished product may be stored outdoors within containment
walls that are not visible to the public.
An establishment at which prepared food is sold for consumption
by patrons seated within an enclosed building.
An establishment where prepared food, soft drinks, ice cream
and/or similar confections are sold to patrons for consumption outside
the confines of the principal building or in an automobile parked
upon the premises, regardless of whether or not, in addition thereto,
seats or other accommodations are provided within the principal building
for the patrons.
Any dwelling in which more than one person is housed or lodged
for hire without meals. A lodging house, rooming or furnished rooming
house shall be deemed a rooming house, but a nursing, rest or convalescent
home shall not be deemed a rooming house. A home for sheltered care
of adult persons as defined by N.J.S.A. 30:11A-1 shall not be considered
a rooming house. The housing of outpatients from institutions shall
not be permitted.
A visual barrier of plant materials as described in the definition
of "buffer strip," or appropriate fencing or other materials which
may be agreed to by the Planning Board.
No more than six continuous months in any one calendar year.
[Added 4-24-2012 by Ord. No. 8-12]
Any establishment selling used merchandise as a significant
part of its business. For the purposes of this chapter, pawn shops,
used furniture stores and thrift stores shall be considered secondhand
stores, while dealers of books, antiques, collectibles or memorabilia
are not considered secondhand stores.
[Added 2-14-1995 by Ord. No. 8-95]
A residential development, including recreation facilities
and other appropriate facilities, within which residency shall be
restricted to permanent residents of the age of 60 years and over,
except for the spouse and one child 18 years or more of age of a qualifying
resident.
The horizontal distance between a building or structure and
any front, side or rear lot line, measured perpendicular to such lot
lines at the point where the building is closest to such lot lines.
See also "building line."
Any device, structure or object for visual communication that is used for the purpose of bringing the subject to the attention of others, but not including any flag, badge or insignia of any public, quasi-public, civic, charitable or religious groups. Such signs shall be designed in accordance with Chapter 284, Signs, where applicable.
SIGN AREAThe area defined by the frame or edge of a sign. Where there is no geometric frame or edge of this sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines the sign.
SIGN, IDENTIFICATIONAny sign which shall be used to advertise and identify the activity conducted on the premises where the sign is located.
Any plot, parcel or parcels of land.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways.
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting
and screening devices.
A key map.
Any other information that may be reasonably
required in order to make an informed determination pursuant to the
provisions of this chapter requiring review and approval of site plans
by the Planning Board adopted pursuant to N.J.S.A. 40:55D.
Any development plan for one or more lots which is (are)
subject to development which:
Requires site plan approval;
In the opinion of the Board's Site Plan Committee,
the submitted project is of such a simplistic nature as to merit consideration
as a minor site plan;
Meets the requirements set forth in Article IV, Zone District Use Regulations, and contains the information reasonably required in order to make an informed determination as to whether the Board's requirements for approval of a minor site plan have been met; and
Meets the following conditions:
The construction of drainage facilities is not
required either on or off site.
The proposed development conforms to the performance standards set forth in § 345-45.
The proposed development does not involve planned
development.
The proposed development will not require the
issuance of a Coastal Area Facilities Review Act[8] permit.
The proposed development does not involve any
new street or the extension of any existing street.
The proposed development does not involve the
extension or construction of any off-tract improvement.
The proposed development, if new construction,
requires 10 parking spaces or less or if a change of use of an existing
facility or addition to an existing facility and less than five spaces
are required.
The proposed development consists of new construction
or an addition, either of which are less than 1,000 square feet.
All unconsolidated mineral and organic material of any origin
that overlies bedrock and which can be readily excavated.
A governmental subdivision of this state, which encompasses
this municipality, organized in accordance with the provisions of
Chapter 24, Title 4, N.J.S.A. (Freehold Soil Conservation District).[9]
A residential building consisting of two or more levels of
living area, on or above grade, connected by two or more flights of
stairs containing at least five steps each.
The act of storing goods or the state of being stored; a
space for storing goods.
[Added 12-27-2011 by Ord. No. 40-11]
The portion of a building included between the surface of
any floor and the surface of the next floor above it, or if there
be no floor above it, then the space between any floor and the ceiling
next above it.
A story under a sloping roof with the exterior walls at least
two feet and not more than five feet above the floor of such story.
A public thoroughfare which has been dedicated or deeded
to the public for public use which has been improved in accordance
with municipal standards.
That line determining the limit of the street rights of the
public, either existing or contemplated.
A combination of materials to form a construction on, under
or above ground level and that is safe and stable and includes, among
other things: buildings, parking areas, driveways, walkways, patios,
decks, stadiums, platforms, radio/television towers, satellite dishes,
sheds, storage bins, garages, fences, walls, pools and display signs.
[Amended 6-22-1993 by Ord. No. 19-93]
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this chapter, if no new streets are created:
Divisions of land found by the Planning Board
or Subdivision Committee thereof appointed by the Chairman to be for
agricultural purposes where all resulting parcels are five acres or
larger in size.
Divisions of property by testamentary or intestate
provisions.
Divisions of property upon court order, including
but not limited to judgments of foreclosure.
Consolidation of existing lots by deed or other
recorded instrument.
The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons, and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the City. The term "subdivision" shall also include the term "resubdivision." (See also Chapter 300, Subdivision, § 300-4, Definitions.)
A full-service store which is dedicated to providing a complete
stock of foodstuffs and ancillary goods. A supermarket may contain
a delicatessen or prepared food section. The minimum floor area allowed
for a supermarket is 3,001 square feet.
A privately or publicly owned pool or oceanfront beach, open
to the general public and having no appurtenant facilities other than
dressing room facilities, an enclosed snack bar serving patrons only
and off-street parking facilities.
A private swimming pool associated with a residential dwelling
unit or units and located on an individual, residential lot. Swimming
pools may not be located in any front yard area and cannot be located
closer than 10 feet to any side or rear yard lot lines.
Any establishment whose primary business is the application
to the human skin of permanent body art or makeup. In addition, any
establishment that may require a State of New Jersey tattoo license
to operate shall not be considered a tattoo parlor, provided that
not more than 5% of the total floor area of the establishment is dedicated
for the application to the human skin of permanent body art or makeup.
[Added 2-14-1995 by Ord. No. 8-95; amended 12-26-2018 by Ord. No. 29-18]
See § 345-10I.
[Added 5-8-2001 by Ord. No. 17-01]
A use established for a limited duration with the intent
to discontinue such use upon the expiration of the time period.
[Added 4-24-2012 by Ord. No. 8-12]
A group of one or more buildings of more than six stories
of dwelling units designed and erected as a project with singleness
of use and operation and where joint or communal use is to be made
of open areas by the occupants, whether it be for recreation, parking
of automobiles or other communal purposes. One level of parking may
be below the six stories of dwellings.
One of a series of single-family dwelling units which is
attached by a common fireproof and sound-resistant wall (which wall
shall start at the lowest footing line and go to the underside of
the highest roof sheathing) to one or more adjacent units and which
has an individual, enclosed and private area, with direct access from
the interior of the dwelling unit.
A development project of one or more townhouse structures,
including individual townhouse lots and common lands or facilities.
The parcel of land immediately under the dwelling unit which
has been or is intended to be conveyed in fee simple to an individual
purchaser, together with a townhouse dwelling unit constructed thereon.
The entire tract upon which a townhouse complex shall be
or has been built.
A structure containing three or more townhouse dwelling units.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
Permission to depart from the literal requirements of zoning
regulations pursuant to N.J.S.A. 40:55D-60, Subsections 29.2b, 57
c and 57 d of Chapter 291.[11]
Any multilevel structure constructed for use as a facility
for vehicular parking or storage. The levels can be above- or below-grade
or both.
Any establishment that rents or sells videos, DVDs, compact
discs, or other visually viewed technology.[12]
[Added 9-25-2001 by Ord. No. 34-01]
Any retail video store which displays or offers
for rent or sale obscene material shall display such materials in
the rear of the business premises, in a segregated room where no admission
to anyone under the age of 18 shall be permitted, which area shall
be clearly denoted and marked to indicate such prohibition, and which
area shall be constructed in such a way so as to prevent the view
of any obscene material to any person under the age of 18.
Utilization of greater than 10% of the floor
area of the interior of the establishment for the display of obscene
material shall be presumptive evidence of the use of said premises
being for adult entertainment purposes.
For purposes of this definition "obscene material"
means any description, narrative account, display or depiction of
sexual activity or anatomical area contained in, or consisting of,
a picture or other representation, publication, sound recording, live
performance or film, video, DVD, or other recording, which by means
of posing, composition, format or animated sensual details:
Depicts or describes in a patent or offensive
way ultimate sexual acts, normal or perverted, actual or simulated,
masturbation, exploitatory functions, or lewd exhibition of genitals.
Lacks serious literary, artistic, political
or scientific value when taken as a whole.
Is a part of a work which, to the average person
applying contemporary community standards, has a dominant theme, taken
as a whole, which appeals to the prurient interest.
Any person or corporation who shall violate
or fail to comply with the provisions of this definition shall be
punishable by a fine of not more than $1,000 or by imprisonment for
not more than 90 days, or both.
This definition shall be enforceable by the
Zoning Officer, Code Enforcement Officer, or any designee thereof
of the City of Long Branch, or any law enforcement officer of the
State of New Jersey.
Display. In this definition, "display" shall
be defined as the offering for sale or rent or display of an item,
good, ware, publication or product through visible presentation of
same to the general public.
FRONTAn open, unoccupied space on the same lot with the principal building, extended the full width of the lot and situated between the street line and the front line of the building projected to the side lines of that lot. Setback line shall be synonymous with the rear limit of the required front yard area.
REARA yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the principal building on the same lot. The depth of a rear yard shall be measured at right angles to the rear line of the lot, or if the lot is not rectangular, then in the general direction of its side building line.
SIDEAn open, unoccupied space between the side line of the lot and the nearest building line and extending from the front yard to the rear yard, or in the absence of either side yards, to the street or rear lot lines, as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.
The officially established Board of Adjustment of the City.
A permit stating that the purpose for which a building or
land is to be used is in conformity with the uses permitted and all
other requirements under this chapter for the zone district in which
it is located or is to be located or variance therefrom duly authorized
pursuant to N.J.S.A. 40:55D-60 or 40:55D-70 and the City Code.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[3]
Editor's Note: N.J.S.A. 30:4-23 was repealed
by P.L. 1987, c. 116, § 30. See now N.J.S.A. 30:4-27.2.
[8]
Editor's Note: See N.J.S.A. 13:19-1 et seq.
[9]
Editor's Note: See N.J.S.A. 4:24-1 et seq.
[11]
Editor's Note: See N.J.S.A. 40:55D-40 and
40:55D-70.
