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 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, except that motor
vehicles may be parked upon a driveway.
[Amended 4-17-1989; at time of adoption of
Code (see Ch. 1, General Provisions, Art. II)]
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.[1]
K.
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.
L.
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]
M.
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]
N.
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]
O.
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:
(2)
Not more than two curb cuts, not less than 20 feet
nor 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
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 § 130-38, 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 legal 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.
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 Construction Official 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, Floodplain Management Regulations,[1] of the Borough Code.
[1]
Editor's Note: The title of this chapter was changed from
"Flood Damage Prevention" to "Floodplain Management Regulations" 6-1-2022 by Ord. No. 06-2022.
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 is included as an attachment to 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.
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.
(2)
Schedule of Use Regulations in the R-2 Zone.
[Amended 4-17-1989]
(3)
Schedule
of Use Regulations in the R-3 Zone.
[Added 4-7-2009 by Ord. No. 1-2009]
(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).
(4)
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. Type of use:
[a]
Food, drug and liquor stores.
[b]
Apparel, accessory and jewelry
shops.
[c]
Department stores and mail order
houses.
[d]
Variety stores (five-and-ten-cent
stores and catalog stores).
[e]
Home furnishing stores.
[f]
Restaurants.
[g]
Book, stationery and gift shops.
[h]
Sporting goods and bicycle shops.
[i]
Antique stores (and secondhand
shops).
[j]
Household hardware stores.
[k]
Automotive accessory stores.
[l]
Boating and fishing accessory stores.
[m]
Internet cafe.
[Added 5-6-2003 by Ord. No. 7-2003]
[4]
Class IV, personal service establishments (business).
Type of use:
[a]
Laundering and dry-cleaning shops.
[b]
Photographic studios.
[c]
Beauty and barber shops.
[d]
Apparel alteration and repairs.
[e]
Yoga and exercise spa and massage
therapy and well-being establishments.
[Added 4-1-2003 by Ord. No. 5-2003]
[f]
Dog grooming and pet grooming.
[Added 5-6-2003 by Ord. No. 7-2003]
[5]
Class V, business service establishments. Type
of use:
(5)
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]
(6)
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:
[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.
[2]
Editor's Note: In regard to Subsection C(6)(b)[1], this ordinance also authorized the Business Administrator and Zoning Officer to develop an application process to ensure 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.
(7)
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.
[2]
Class II, retail business uses. Type of use:
[a]
Food, drug and liquor stores.
[b]
Apparel, accessory and jewelry
shops.
[c]
Department stores and mail order
houses.
[d]
Variety stores (five-and-ten-cent
stores and catalog stores).
[e]
Home furnishing stores.
[f]
Restaurants.
[g]
Book, stationery and gift shops.
[h]
Sporting goods and bicycle shops.
[i]
Antique stores (and secondhand
shops).
[j]
Household hardware stores.
[k]
Automotive accessory stores.
[l]
Boating and fishing accessory stores.
[m]
Internet cafe.
[4]
Class IV, personal service establishments (business). Type of use:
[5]
Class V, business service establishments. Type of use:
(8)
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, 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, 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:
(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:
(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 the
Friday of Memorial Day weekend through Labor Day each year.
[Amended 11-17-2020 by Ord. No. 12-2020]
[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 is hereby declared to be a prohibited use. Prohibited uses shall not hereafter be permitted to be established in the Borough of Sea Bright.
(1)
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,[3] but not the delivery of cannabis items and related supplies
by a delivery service, are prohibited.
[Added 7-20-2021 by Ord.
No. 11-2021]
[3]
Editor's Note: See N.J.S.A. 24:6I-33.
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. Electromechanical 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 shall be defined as provided in § 130-5.
[Added 11-4-1985; amended 2-19-2013 by Ord. No.
3-2013; at time of adoption of Code (see Ch. 1,
General Provisions, Art. II)]
(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]
[2]
Editor's Note: Former Subsection B(2), Rear and side yards,
which immediately followed this subsection, was repealed 2-2-2016
by Ord. No. 2-2016.
(2)
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 as an attachment to 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:
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:
(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 Monmouth County Regional Health Commission
No. 1 as to the suitability and adequacy of design, materials, and
construction inclusive of all accessory equipment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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
in-ground 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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.
