[Amended 5-14-1996 by Ord. No. 15-96; 5-14-2013 by Ord. No. 6-13]
For the purpose of this chapter, the City of Long Branch is divided into the following districts:
R-1 One-Family Residential
R-2 One-Family Residential
R-3 One-Family Residential
R-4 One-Family Residential
R-5 One- to Four-Family/Townhouse Residential
R-6 Townhouse/Professional Office
R-7 Riverfront Mixed
R-8 Boulevard Mix
RC-1 Beachfront Mixed
RC-2 Riverfront Residential/Commercial
C-1 Central Commercial
C-2 Professional Offices and Related Services
C-3 Neighborhood Commercial
C-4 Resort Commercial
I.Industrial
HTLI High Technology Light Industrial
MB Manufacturing and Business
S-1 Professional Office
S-2 Oceanfront
TVD Transit Village
-- Oceanfront-Broadway Redevelopment Zone (overlay)
[Amended 10-27-1998 by Ord. No. 36-98]
The boundaries of zone districts are hereby established as shown on the map entitled "Zoning Map of the City of Long Branch," revised 7-22-1997, which is incorporated herein by reference.
[Amended 7-14-2015 by Ord. No. 12-15]
Where uncertainty exists as to any of the boundaries as shown on the map or where a zoning district line or, in the case of the Oceanfront Broadway Redevelopment Area, permitted use classifications under the Design Guidelines, bisects a single lot or bisects two lots under common ownership where the development of one such lot independently under applicable development regulations would result in the elimination of access to a public street from the other lot, the following rule shall apply:
A. 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 existed on March 15, 1989, unless such zone boundary lines are fixed by dimensions shown on the Zoning Map.
B. Where boundary lines are not fixed by dimensions and where they approximately follow lot lines and where they do not scale more than 10 feet distant therefrom, the lot lines shall be construed to be such boundaries unless specifically shown otherwise.
C. Where a zone boundary or permitted use classification under the Design Guidelines divides a single lot or two separate lots under common ownership where the development of one such lot independently under applicable development regulations would result in the elimination of access to a public street from the other lot, the location of such boundary, unless the same is indicated by dimensions shown on the Map, shall be determined by the following: In the event that the boundary line of a zone or permitted use classification under the Design Guidelines shall divide a lot or two lots under common ownership between the front or street line and the rear line, the use regulations, height and area regulations of the zone in which lies the portion of the lot or lots abutting a public street shall govern and control the entire lot or lots. In the event that the boundary line of a zone or permitted use classification under the Design Guidelines shall divide a lot or two lots under common ownership between the side lines thereof, the use regulations and height and area regulations of the zone in which lies the greater portion of the lot or lots abutting a public street shall govern and control the entire lot or lots. In the further event that the boundary line of the zone or permitted use classification under the Design Guidelines shall divide a corner lot or two corner lots under common ownership in any manner, the property line thereof containing the lesser distance abutting either public street shall be considered as the front or street, line of such lot for the purpose of application of the foregoing rules.
D. Where application of this section results in permitting a use on a lot in a zoning district or redevelopment sector use classification area that would not otherwise be a permitted use in such zoning district or redevelopment area or sector use classification area, or results in application of different bulk standards than otherwise would have been applicable, same shall not constitute use or bulk variances and shall not require an ordinance amendment or, if applicable, notwithstanding Section 345-82E hereof, an amendment to a redevelopment plan but shall be deemed permitted uses and governing bulk standards by application of this section.
E. Where application of this section results in any technical nonconformity of an adjacent lot or lots owned by a party not seeking the benefit of this section that was previously developed in accordance with any applicable City approval, or any alterations or additions to such properties subsequently approved by the City, same shall not be deemed a nonconformity and the owner of such adjacent lot or lots shall not be required to address any such technical nonconformity. For example, if application of this section results in development of a residential use in a commercial zone next to an existing commercial development, the existing commercial development would not be required to provide for a larger buffer as may otherwise have been required between the commercial and residential uses.
F. An owner of two lots seeking to develop such lots jointly under this section based upon common ownership and the inability to develop one lot without eliminating a public street access to the other lot will be required, as a precondition of the Planning Board hearing a development application, to merge such lots.
Lot, yard and bulk requirements for all zone districts shall be as set forth on the schedules annexed to this chapter and entitled "Schedules of Lot, Yard and Bulk Requirements for the City of Long Branch." In the event that there shall be an inconsistency between the schedule and the written provisions of this chapter, such written provisions of this chapter shall control.
Any restrictions or requirements with respect to buildings or land or both which appear in other ordinances of the City or are established by law and which are greater than those set forth herein shall take precedence over those herein. Otherwise the provisions of this chapter shall apply.
No building shall be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged, nor shall any land be used for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and meeting the requirements set forth in the Schedules; nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity to the area and bulk requirements, off-street parking requirements and all other regulations designated in the Schedules and this chapter for the zone district in which the building or space is located. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this chapter, and the certificate of occupancy shall become void.
A. Height. The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, similar features and necessary mechanical appurtenances usually carried above the roofline. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve. The provisions of this chapter shall not apply to preventing the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five feet. Public and quasi-public buildings, schools, churches and other similar permitted uses shall increase the front, rear and side yards by one foot for each foot by which such buildings exceed the height limit established for such zone in which they are located, and further provided that in no case shall any building have a height greater than 50 feet unless explicitly permitted by the schedules or this chapter. [Amended 4-10-2007 by Ord. No. 17-07]
(1) Finished grade. 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 variance shall be required. It is the intent of this subsection 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 variance for 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.
(2) In the case of existing grades with slopes the measurement for any allowed height and/or number of stories for any proposed structures along this slope shall be calculated along a line which runs parallel to the existing slope and is measured at each point along this line, provided that no increase in height and/or number of stories shall be allowed which is greater than what each zone or use allows at the highest point of the existing or finished grade, whichever is less.
(3) In no case shall any below-grade level (basement, parking level, crawl space, etc.) be counted in the number of stories allowed on any site or for any use.
(4) Exception relating to properties located within advisory flood hazard zones and special flood hazard areas. To comply with the flood damage prevention requirements in City Ordinance Chapter 177, properties located within advisory flood hazard zones and special flood hazard areas as defined in Chapter 177: [Added 3-12-2013 by Ord. No. 3-13]
(a) Are allowed up to an additional three feet and/or less than ten-percent additional height above the allowable maximum building height in feet as defined in Zoning Ordinance Chapter 345 for the applicable zone;
(b) Must not exceed the allowable maximum building height in stories as defined in Zoning Ordinance Chapter 345 for the applicable zone.
(c) Must comply with § 345-17.
B. Irregularly shaped lots. In the case of existing irregularly shaped lots, the minimum lot width specified in the Schedules may be measured at the building line, provided that in no case shall the lot frontage measured at the street right-of-way line be less than 50% of the minimum lot width requirements. The creation of any new irregularly shaped lots is prohibited.
C. Exception to front yard setback requirements. The minimum front yard setback requirements in all residential zones shall be as indicated in the zoning schedule, except for the following listed conditions: Buildings shall be located a greater or lesser distance than the minimum allowed front yard setback when the pattern of existing buildings within 300 feet of either side of the lot on the same side of the street is established at a greater or lesser distance. When this condition exists, then the mean average existing setback distance shall control.
D. Exception relating to industrial use. Within the Industrial Zone, use boundaries which were designated on the Zoning Map dated August 2, 1977. Industrial uses shall remain as permitted uses; provided, however, that any expansion is limited to the maximum lot coverage established for the current Industrial Zone use.
E. Exception relating to alterations to existing nonconforming structures.
(1) Alterations, as applied to a nonconforming structure, shall only include a change or rearrangement in the structural supports or a change in the exterior appearance of a structure.
(2) A nonconforming structure may be altered, provided that the cost of alterations does not exceed, in the aggregate, 50% of the assessed value of the structure as recorded in the records of the Tax Assessor. More substantial alterations are not permitted unless the structure is changed to conform to the requirements of this chapter.
(3) A nonconforming structure may not be enlarged, extended, increased in height, width or depth or moved, relocated or modified in such a way so as to increase habitable or usable space, number of dwelling units or number of bedrooms unless such structure is changed to a structure conforming to the requirements of this chapter, except that an existing one-family structure (principal or accessory) may be enlarged, extended or added to, provided that:
(a) The enlargement, extension or addition conforms to all yard requirements;
(b) The portion of the enlargement, extension or addition which does not conform to yard requirements consists entirely of the enclosure of existing side or rear porches; [Amended 11-25-1997 by Ord. No. 39-97]
(c) (c) The portion of the enlargement, extension or addition which does not conform to yard requirements consists entirely of a second floor addition located above an existing first floor area or existing foundation; or [Added 11-25-1997 by Ord. No. 39-97]
(d) The proposed enlargement, extension or addition consists of an area no greater than 300 square feet, which shall be located in such a manner as to square off an irregular building layout and does not decrease the existing principal structure setback. [Added 11-25-1997 by Ord. No. 39-97]
(e) The enclosure of any front porch area shall maintain a minimum of at least 60% of the vertical surfaces as something other than solid walls. [Added 11-25-1997 by Ord. No. 39-97]
(f) All exterior finishes for any enlargement, extension or addition must be uniform and match that which is applied to the existing structure. [Added 11-25-1997 by Ord. No. 39-97]
(4) Accessory structures may not be constructed on nonconforming lots and/or on lots which contain a nonconforming principal structure unless:
(b) A single- or two-family principal residential building exists on the lot.
(c) The new accessory structure conforms to all requirements of this chapter for accessory buildings and uses. (See § 345-11P.)
F. Finished grade. 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 subsection 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.
G. One-family principal buildings shall be allowed a modification from existing height limitations of this chapter, provided that for each one foot of building elevation, an additional five feet of setback for each front, side and rear yard shall also be provided. In addition, this modification shall not exceed a maximum of 38 feet or three stories in heights. [Added 5-11-1999 by Ord. No. 25-99]
H. Exception relating to single-family dwellings. Should the enlargement, extension or addition of single-family dwellings include bedrooms as defined in § 345-3, each bedroom over four bedrooms shall require that an additional parking space be provided in an appropriate yard space as per § 345-42, and that not more than 20% of the front yard area be used for parking or driveways and that total lot coverage maximums not be exceeded. [Added 7-25-2000 by Ord. No. 25-00; amended 8-26-2008 by Ord. No. 18-08]
I. Telecommunications devices/arrays telecommunications receiving/transmitting/repeater devices shall be allowed as an accessory use in the C-1, C-4, RC-1, M, MB, I and HC Zoning Districts, provided that the following criteria and procedures by complied with: [Added 5-8-2001 by Ord. No. 17-01]
(1) The proposed telecommunications device/array is only to be installed upon an existing tower or building (the construction of any new towers or poles is prohibited).
(2) A telecommunication device/array permit application must be filed with the Planning Department. As part of the application, appropriate documentation (survey/site plan showing location of array/device, structural support details, telecommunications data, etc.) must be submitted)
(3) Payment of a $500 technical review/escrow application fee.
(4) Review and approval by the City's designated technical expert concerning structural support/location/FCC safety requirements.
(5) Upon approval by the City's designated technical expert, obtain proper zoning permit.
(6) Obtain any required construction permits.
J. Exceptions concerning site plan approvals within the Oceanfront-Broadway Redevelopment Zone. Any project or proposal located within the Oceanfront-Broadway Redevelopment Zone shall be exempt from the redevelopment design guideline requirements, provided that they comply with all of the following conditions: [Added 3-10-2009 by Ord. No. 2-09]
(1) The project/proposal received formal site plan approval from either the Planning Board or Zoning Board of Adjustment;
(2) The project/proposal received site plan approval between May 17, 1996 (date of adoption of the Oceanfront/Broadway Master Plan), and October 22, 2002 (date of adoption of the design guidelines);
(3) The project/proposal has not received formal redevelopment project approval from the City of Long Branch Redevelopment Agency prior to October 22, 2002;
(4) The project/proposal has obtained and maintained valid zoning/construction permits based upon the formal site plan approval; and
(5) The project/proposal is consistent with and in compliance with the Oceanfront-Broadway Redevelopment Plan and the proposed use is permitted under the Oceanfront-Broadway Redevelopment Plan.
K. Farm markets and/or community farmers' markets as outlined in § 345-3 shall be allowed as a permitted use in the C-1, C-2, and C-3 Zoning Districts, provided that the following criteria and procedures are complied with: [Added 5-26-2009 by Ord. No. 9-09]
(1) A farm market permit application must be filed with the Planning and Zoning Department. As part of the application, appropriate documentation (survey/site plan showing location of farmers/growers, types of produce, tables, parking, signs, data, etc.) must be submitted. All items as outlined in § 345-47.1A and B above must be documented and provided for review and approval.
(2) Obtain approval by the City Council and/or Special Events Committee and/or designated technical expert(s) as required.
(3) Obtain required health, public works, construction, food vendor, recycling and waste management approvals and permits.
(4) Farm markets and/or community farmers' markets are permitted on a seasonal basis for one year from the date of issuance.
L. Exception relating to permanent generators. In the case of a permanent generator, a generator is permitted in a side or rear yard. [Added 3-12-2013 by Ord. No. 3-13]
(1) A generator less than 100 square feet in size is permitted to be a minimum of five feet from the side and rear property lines.
(2) In the case of preexisting nonconforming air-conditioning condensers in a side or rear yard, the generator may be located in alignment with the preexisting nonconforming air-conditioning condensers.
(3) All generators must comply with building and fire code requirements, including but not limited to distance from windows, walls and doors.
A. Preservation of natural features. No structure shall be built within 100 feet of the top of the bank of a flowing body of water. No building shall be constructed on land subject to periodic overflow or on land which has an average water table within two feet of the ground surface. No person shall strip, excavate or otherwise remove topsoil for sale or other use other than on the premises from which taken, except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto, or except as hereinafter specified. Existing natural features such as trees, brooks, drainage channels and view shall be retained. Whenever such features interfere with the proposed use of such property, a retention of the maximum amount of such features consistent with the use of the property shall be required, whenever possible, at the discretion of the Planning Board.
B. Waste disposal. The dumping of refuse, waste material or other substances is prohibited in all districts within the City with the exception of designated sanitary landfill operated by the City. Only inorganic matter may be used for the purpose of fill in order to establish grades, and a permit must be obtained by the owner from the City Council prior to such action.
C. Storage of materials. No person shall store materials of any kind on the premises in any district except in conjunction with bona fide warehouses and the construction of a structure to be erected on the premises upon which the materials are stored for a period of one year from the date of the commencement of storage unless a permit is granted by the City Council.
D. Exterior design and appearance of residential buildings. The exterior design and appearance of buildings erected in the same residential neighborhood shall be subject to the provisions of Chapter 128, Buildings, Design of.
E. No lot in a residential zone other than a townhouse parcel developed in accordance with an approved site plan shall have erected upon it more than one principal, one-family residential building. No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.
F. At the intersection of two or more streets, no hedge, fence or wall, other than a single post or tree not exceeding one square foot in cross-section, which is higher than three feet above curb level, nor any obstruction to vision shall be permitted in the triangular area formed by the intersecting street lines and a line joining points each 25 feet distant from the intersection along the street lines.
G. Every principal building other than a townhouse structure within a complex constructed in accordance with an approved site plan shall be built upon a lot with frontage upon a public street improved to meet the City's requirements or for which such improvements have been ensured by the posting of a performance guaranty pursuant to Chapter 300, Subdivision of Land.
H. All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which they are located. Corner lots shall provide the minimum front yard requirements for the respective zone for both intersecting streets, for both principal and accessory buildings.
I. Where a building lot has frontage on a street which the development plan or the Official Map indicates is proposed for right-of-way widening, the required front yard area shall be measured from such proposed right-of-way line.
J. No front yard shall be used for open storage of boats, vehicles or any other equipment except for vehicular parking on driveways, but not to include parking lots. All open storage areas which have secured permits from the City Council shall be properly landscaped. None of the aforesaid vehicles, boats or any other equipment shall be stored less than 10 feet from the rear or side lines of the principal building, nor shall any such boats, recreation vehicles or other equipment be stored in a public street.
K. Business structures or uses shall not display goods for sale purposes or coin-operated vending machines of any type in any location which would infringe upon the required yard areas specified in this chapter.
L. All yards, open space, off-street parking and required landscaping must be contained within the zone in which this use is permitted.
M. Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district shall be automatically extended to the center of such vacated public way, and all that are included in the vacated area in question shall be subject to all appropriate regulations of the extended district.
N. When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter either with respect to any existing structures of use and any proposed structures or use.
O. The provisions of this chapter shall not apply to customary local utility distribution or collection lines for water, gas, telephone or electric service. All facilities such as pumping stations, repeater stations and electric substations which require a structure above-grade shall be subject to the provisions of this chapter with respect to other uses requiring conditional use permit application as indicated in each of the respective districts and subject to §§ 345-57 and 345-61.
P. Any accessory structure or use attached to a principal building shall comply in all respects with the yard requirements of this chapter for the principal building. Detached accessory structures or uses shall be located in other than a front yard, and if located in a side yard area, shall conform to side yard requirements of the schedules (§ 345-102 et seq.) for the appropriate zone and shall observe a rear yard setback of not less than 10 feet, except where otherwise stated.[Amended 2-14-1995 by Ord. No. 8-95; 8-25-1998 by Ord. No. 28-98; 4-10-2007 by Ord. No. 16-07]
(1) In the case of a shed, a shed under 100 square feet is permitted in a rear yard area to be a minimum of five feet from the property line, with a maximum number allowed to be two.
(2) On all properties located within the R-1 Residential Zone, which either meet or exceed the minimum lot frontage, lot depth, and lot area requirements for the R-1 Zone, a minimum side and rear setback of 20 feet is required for any accessory structure or use.
(3) Any accessory structure proposed within any residential zone district or for any residential use in any other district must conform to the following:
(a) Any proposed accessory structure must match as close as feasible the architectural styling/design as that of the principal structure located on the property (exception: sheds of 100 square feet or less).
(b) Any proposed accessory structure must use as close as is practicable the same exterior architectural materials and colors as that which the principal structure is constructed (exception: sheds of 100 square feet or less).
(c) The roof pitch of any accessory structure must match the roof pitch of the principal structure located on the property. This provision will allow an exception to the fifteen-foot maximum height for accessory structures, provided that in no case shall an accessory structure be taller than 25 feet or higher than the principal structure located on the property, whichever is less (exception: sheds of 100 square feet or less).
(d) The increased attic area/volume created within accessory structures subject to the roof pitch/height allowance shall not be used for any use other than storage of personal items owned by the occupant residing in the principal structure on the property. The creation of any "finished" second floor room or use other than open lofted storage in any accessory structure is prohibited.
(e) On properties where the principal structure contains a flat roof, all accessory structures may have a peaked roof provided that in no case shall an accessory structure contain a height of greater than 15 feet.
(4) Sport courts. The minimum setback for any sport court located in all zone districts shall be 20 feet. Exception: Any basketball play area located upon a legal paved driveway is excepted from this requirement.
(5) No detached accessory structure shall be converted to or used as habitable space or a habitable dwelling unit.
(6) In Residential Zones R-1 through R-8, or with regard to any single-family property in any other zone, any accessory building, such as but not limited to detached garages, cabanas, outbuildings, sheds, workshops, greenhouses, pool houses, animal shelters, etc., shall conform to the following: [Added 7-28-2009 by Ord. No. 14-09]
(a) Shall not be greater in floor area than 50% of the footprint of the principal structure or use located on the property and shall not exceed a total combined size of 700 square feet;
(b) Shall not have more than two accessory buildings per property;
(c) Shall not be used for office space in which no occupation, business or service for profit is carried on, and no stock-in-trade materials are permitted to be stored; and
(d) Shall include at least one parking space if a garage is not present on site.
(7) Temporary outdoor storage; storage of certain items prohibited on residential property. In areas zoned residential, it shall be unlawful to allow outside storage of any of the following: [Added 12-27-2011 by Ord. No. 40-11]
(a) Any bulk household items such as appliances or nonoutdoor furniture, except in a fully enclosed structure as permitted by the Zoning Ordinance.
(b) Construction material and equipment, including, but not limited to, ladders, scaffolding, cement, concrete, building blocks, sheetrock, plywood, studs or beams, plywood, sand and aggregate piles, fuel storage devices, pipes, cement mixers, excavating equipment, etc., for more than 60 days unless there is a valid building permit issued.
(c) Landscaping equipment and supplies, including, but not limited to, mowers, chippers, shredders, pavers, mulch in bags or piles for more than 60 days.
(d) Fuels, flammable liquids, tires and other motor vehicle equipment and parts.
(8) Temporary outdoor storage units. PCPSFs in all R Residential Zones or on residential uses in other zones. [Added 12-27-2011 by Ord. No. 40-11]
(a) Zoning permit. A zoning permit is required for the placement of any PCPSF lasting longer than two weeks.
(b) Location.
[1] Front yard. No PCPSF shall be located within a front yard unless located on an existing driveway.
[2] Side and rear yards. PCPSF must be located at least 10 feet from side and rear property lines.
(c) Time limit.
[1] No PCPSF shall be located on specific residential premises for a total of more than six months (180 days).
[2] Extension. One consecutive six-month extension of the PCPSF zoning permit may be applied for. The granting of any requested extension shall be based upon a review conducted by the appropriate City officials. Unless otherwise determined, no additional extensions shall be permitted, and the approved extension shall not exceed one consecutive six-month one-hundred-eighty-day time period. No PCPSF shall be located on a specific residential use for a total of more than one year (12 months).
[3] If more than one PCPSF is utilized:
[a] The allowable time period shall commence at the time the first PCPSF is physically situated on the property.
[b] A maximum of two PCPSFs are permitted on any property.
[4] If located on an existing driveway in a front or side yard after the allowable six-month time period, a one-time application to relocate in the rear yard is permitted as per the time limit extension section of this subsection.
[5] If a PCPSF is used for construction purposes only and the construction lasts longer than the one-year time period, one additional one-year time period may be permitted pending a new zoning permit application and City official review.
(d) Other requirements. The following requirements shall be met by the owner and/or occupier of the residential premises with respect to a PCPSF:
[1] The PCPSF situated on residential property shall only be used for the storage of personal property, furniture and household items normally located on or in a residential dwelling or premises.
[2] All PCPSFs shall not be used for storage of any type of business equipment, fuels or flammable liquids.
[3] All such PCPSFs shall:
[a] Not exceed seven feet in height, 16 feet in length and eight feet in width.
[b] All access doors shall be secured with locks.
Q. No proposed development within 50 feet of Ocean Boulevard shall be permitted to have any structure designed with either the rear elevation or side elevations facing Ocean Boulevard.
R. A minimum thirty-foot front yard setback to all new buildings shall be required for all properties fronting on Ocean Boulevard in the area located between Morris Avenue and the Monmouth Beach boundary line. No new parking facilities shall be permitted in this area in any front or side yards abutting Ocean Boulevard.
S. In the event that any section, subsection or definition in this chapter shall conflict with any provisions of the BOCA Code, the State Uniform Construction Code or any other state or federal statute, rule or regulation, and the municipality is prohibited by said statute, rule or regulation from adopting stricter standards, then, in that case, the Planning Board shall exercise its jurisdiction in reviewing the application or applications before it is based on the applicable state or federal statute, rule or regulation.
T. When a request is made to construct or add on to a single-family home in a zone which does not permit the same, then, in that event, the structure must comply with the least restrictive residential bulk requirements.
U. Notwithstanding anything to the contrary set forth in this chapter, the maximum height of any structure located on a lot, parcel or site within a nonresidential zone, which lot, parcel or site is adjacent to a residential zone (not including RC zones), shall be four stories. The minimum setbacks for side or rear yards abutting residential zones shall be as follows:
(1) One to two stories: Must equal the minimum required for the abutting residential zone.
(2) Three to four stories: fifty-foot minimum.
V. Decks and patios shall be permitted in any residential zone or in conjunction with any residential use, as an accessory use, provided that the following criteria be met:
(1) One-family.
(a) Ground level decks and patios located in the front yard must meet the front yard setbacks of the particular residential zone in which they are located.
(b) Any deck or patio located in a side or rear yard must be at least 10 feet from any side or rear property line.
(c) Elevated decks shall not be permitted in a front yard area.
(d) Elevated decks located in a side or rear yard must meet the side or rear yard setback requirement for buildings of the particular residential zone in which they are located.
(e) Decks/patio areas shall be included with the building footprint in determining maximum allowable lot coverage of all buildings.
(2) Two-family and multifamily.
(b) Not permitted in front yard area of tract.
(c) Deck/patio cannot extend greater than 10 feet from structure.
(d) Architectural design, styling, use of materials and color must be consistent and similar for any and all other decks/patios to be constructed in the same multifamily use.
(e) All deck/patio areas shall be included within the building footprint in determining maximum allowable lot coverage of all buildings.
(f) All elevated decks shall be considered as balconies and must be included in the building footprint when determining side and rear yard setbacks.
(g) Guidelines for deck construction, materials and regulations must be included in any homeowners' association/condominium association rules and controls.
(1) Unless otherwise permitted in a specific zone as set forth in Article IV, Zone District Use Regulations, or as permitted in Subsection E, no lot shall have erected upon it more than one principal permitted use or one principal building.
(2) An exception to this is that there shall be no limit as to the number of permitted principal commercial/professional uses allowed in one principal building in the following zones: C-1, C-2, C-3, RC-1, RC-2, R-8 and MB. [Amended 5-14-1996 by Ord. No. 15-96]
X. Open space and recreation. In all major subdivisions and residential site plans of six units or greater, the developer shall reserve an area as specified in § 345-18 for recreational purposes. The developer shall improve this area for active and passive recreation. Plans for the improvements of this recreation area shall be an integral element of any preliminary plat and final construction drawings for any major subdivision or residential site plan of six units or greater, including the requirements of §§ 345-9 through 345-18. The developer shall have the option to post an off-tract assessment in the amount of $750 per lot or unit to be used for the construction of recreational facilities within the City or provide services or property equal to said amount.
Y. Circular driveways. Circular driveways shall be permitted in the front yard of a one-family dwelling located in the R-1, R-2 or R-3 Zones subject to the following criteria:
(1) The driveway shall not be closer than 10 feet to any side or rear property line.
(2) A separate parking area/garage entrance area must be provided in any yard area, except the front yard, and cannot be located closer than 10 feet to any property line.
(3) The maximum allowable width of any circular driveway shall be 10 feet. [Added 8-26-2008 by Ord. No. 18-08]
Z. Outdoor dining. In those zones where outdoor dining is permitted, the following regulations and conditions shall apply over and above any others stated in this chapter:
(1) One additional parking space for every four outdoor seats established shall be provided, unless there is no actual increase in the seating capacity of the establishment (e.g., number of inside seats reduced by number placed outside).
(2) Obtaining minor site plan approval.
(3) Obtaining Health Department approval.
(4) The entire outside area must be thoroughly cleaned at the end of each night.
AA. Any handicapped ramps for single-family homes shall be allowed based on the same standards as sidewalks or walkways for single-family homes. [Added 7-25-2000 by Ord. No. 28-00]
BB. Adult materials in retail establishments. [Added 9-25-2001 by Ord. No. 35-01]
(1) No person who operates a store, newsstand, booth, concession or similar business with unimpeded access for persons under 18 years of age or who is in the business of making sales of periodicals or other publications, at retail, containing pictures, drawings or photographs, shall display or permit to be displayed at his/her business premises any obscene material at a location other than behind the counter of the business establishment, in an area under employee control. The public display of the obscene materials shall constitute presumptive evidence that the retailer knowingly made or permitted this display. For the purpose of this section, "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, which by means of posing, composition, format or animated sensual details:
(a) 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.
(b) Lacks serious literary, artistic, political or scientific value when taken as a whole.
(c) 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.
(2) Any person or corporation who shall violate or fail to comply with the provisions of this subsection shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than 90 days, or both.
(3) This subsection 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.
(4) Display. In this subsection, "display" shall be defined as the offering for sale of an item, good, ware, publication or product through visible presentation of same to the general public.
(5) The utilization of greater than 2% 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.
