This chapter may be referred to as the "Municipal Land Use Ordinance
of the City of Brigantine."
It is the intent and purpose of this chapter to:
A.
Guide the use and development of all the lands of the City of Brigantine
in the appropriate manner that will promote the health, safety and
welfare of the general public.
B.
Secure safety from fire, flood, panic and other natural and man-made
disasters.
C.
Provide adequate light, air and open space.
D.
Ensure that the residential development of the City of Brigantine
does not conflict with the growth, development and general welfare
of the neighboring municipalities, Atlantic County and the State of
New Jersey as a whole.
E.
Promote the establishment of appropriate population densities and
concentrations that will contribute to the well-being of the citizens
of Brigantine, their families, neighborhoods and social communities.
F.
Encourage the appropriate and efficient expenditures of public funds
by the coordination of public development with land use policies.
G.
Provide sufficient space in appropriate locations for residential,
recreational and commercial uses to meet the needs of the citizens
of the City of Brigantine.
H.
Encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging the location
of those facilities and routes which will result in congestion and
degrade the quality of existing residential, commercial and recreational
development in the City.
I.
Promote a desirable and pleasing visual environment through creative
development techniques and architectural consideration.
J.
Promote the conservation of open space in the form of the existing
dune and beach systems along the Atlantic Ocean at least in part by
maintaining and enforcing the development restriction line.
K.
Preserve the water's-edge environment along the back bays while recognizing
the residential, commercial and recreational opportunities within
this environment.
L.
Encourage the coordination of the development review process with
the capital improvements program to reduce the financial impact to
both the private and public sectors while achieving more efficient
land use.
M.
Encourage the development and use of innovative stormwater management
techniques to control surface water runoff, prevent flooding and reduce
soil erosion and sedimentation.
N.
Encourage the development of the City of Brigantine as a stable single-family
residential community by adopting land use policies that maintain
and preserve existing single-family neighborhoods by discouraging
speculative multifamily investment and discouraging the subdivision
of existing large residential properties into smaller lots, permitting
duplexes as a conditional use within the City and encouraging the
development of traditional hotels.
O.
Promote the conservation of open space and valuable natural resources.
P.
Prevent suburban sprawl and degradation of the coastal environment
by limiting and restricting inappropriate land uses within the City
of Brigantine while encouraging the concentration and expansion of
retail and commercial uses in designated districts.
Q.
To continue to encourage tourism, ecotourism and economic development
on the island by allowing bed-and-breakfast inns as a conditional
use in certain areas and establishing the uninhabited section of the
north end of the island as an environmental education area.
R.
Expand and improve recreational uses and facilities including location
and establishment of a municipal youth center, bike path and support
of ongoing recreational facilities and programs such as the Brigantine
C.E.R., Brigantine Rowing Club, recreation fields, parks and indoor
recreation facilities.
The City of Brigantine has continually updated the adopted Master
Plan, most recently as adopted by the Planning Board on September
28, 2016.[1] The intent and purpose of previous amendments to the Brigantine
Municipal Land Use Ordinance was to implement the goals and objectives
as set forth in said Master Plan. The goals of the Master Plan and
corresponding amendments to this Land Use Ordinance[2] will foster the purposes of zoning within the City including
lessening environmental impact, creating more air, light and open
space, promoting public health, safety and welfare and promoting appropriate
population densities. Other sections of the Master Plan recommend
the continuation and improvement of programs and policies already
in effect within the City including: environmental measures such as
the continued enforcement of no development past the development restriction
line, improving recreational programs and facilities, protecting sensitive
beach and back bay areas, flood protection, economic development and
tourism, transportation and scenic resources.
A.
No development shall be permitted to occur within the City of Brigantine
unless preceding such development there shall have been an application
for development filed, reviewed and approved in accordance with the
provisions of this chapter or any other applicable codes, rules, regulations
and laws of the City of Brigantine, County of Atlantic or State of
New Jersey. When such approval has been granted subject to conditions
or required specific performance, failure to meet such conditions
or perform as specified shall cause said approval to become null and
void.
B.
All applications for projects shall first be submitted to the City
of Brigantine Zoning Officer for a ruling as to whether or not said
project is to be heard by the Planning Board or to issue a zoning
permit to projects that require no action by said Board.
C.
Site plan approval. Every development which includes any principal
structure other than a one- or two-family dwelling located on an individual
lot shall, prior to the issuance of a building permit, first be granted
approval for an application for site plan approval by the Zoning Officer
or Planning Board. (NOTE: All residential use developments of three
or more dwelling units and other uses of 10,000 square feet or more,
whether requiring variances or not, shall be reviewed for site plan
approval by the Planning Board.)
D.
Subdivision approval. Every development which includes subdivision
or consolidation shall have received approval of an application for
subdivision prior to issuance of any building permit or the commencement
of any site improvements.
E.
Application for variance. A variance application and approval shall
be required for every development which includes any feature not in
conformity with this chapter or which lacks any required improvement
or feature of this chapter.
F.
Simultaneous applications. Application for development approval should
contain all approvals which may be required for the approval of the
project under consideration. An applicant shall be required to show
good cause why all applications for development are not submitted
to the Board simultaneously. In the event that an applicant receives
permission to apply for less than all approvals which may be required,
the applicant shall be deemed to have accepted the jurisdiction of
the Board to modify or impose conditions upon the construction of
improvements or grant of permission to carry out the development sought
by the earlier application. This subsection shall not apply to separate
applications for preliminary and final approval. In submitting any
application for variances, the Board shall require that each application
for variance be separately stated upon the application and supporting
reasons for such application shall be stated in the application documents.
Applicants seeking variances for single-family and duplex dwellings
shall provide, in addition to all other requirements, architectural
elevations and preliminary floor plans.
G.
Zoning permits. A zoning permit is required as a condition precedent
to the commencement of a use or the erection, construction, reconstruction,
alteration, conversion or installation of a structure or a building.
All zoning permits shall be signed by the Zoning Official of the City
of Brigantine. No building permit will be issued unless a zoning permit
approving use and location has first been obtained. When a variance
has been granted the zoning permit shall have a copy of the approval
granting said variance attached thereto and maintained on file. Such
copy of the approval shall be supplied by the applicant when obtaining
such zoning permit. No certificate of occupancy shall issue prior
to the applicant obtaining a zoning permit.
