A. For every building, structure or part having over 5,000 square feet of gross building area erected and occupied for commerce, hospital, laundry, dry cleaning, places of public and quasi-public assembly, industry and other similar uses involved in the receipt and distribution by vehicles of materials or merchandise, there shall be provided and permanently maintained adequate space for standing, loading and unloading services in order to avoid undue interference with the public use of streets or alleys. Every building structure or addition having a use which complies with the above definition shall be provided with at least one truck standing, loading and unloading space on the premises not less than 12 feet in width, 35 feet in length and 14 feet in height. One additional truck space of these dimensions shall be provided for every additional 20,000 square feet, or fraction thereof, of gross area in the building.

B. Access to truck standing, loading and unloading space shall be provided directly from a public street or alley or from any right-of-way that will not interfere with public convenience and will permit orderly and safe movement of truck vehicles.

C. Loading space as required under this section shall be provided an area in addition to off-street parking space and shall not be considered as supplying off-street parking space.

D. Off-street loading and unloading areas shall be surfaced with a dustless, all-weather pavement, which shall be adequately drained, all subject to the approval of the City Engineer.

E. Whenever an off-street loading and unloading area shall be located next to a residential zone, the loading and unloading area shall be suitably screened and buffered in accordance with § 345-42B(1) and (3).

[Amended 6-22-1993 by Ord. No. 19-93]

All swimming pools shall be constructed and erected in accordance with the local Health Department regulations and existing ordinances. (See Chapter 303, Swimming Pools, Article II, Public Recreational Bathing Places.) Swimming pools may not be located in any front yard area and must be set back at least 10 feet from any side or rear lot line. All swimming pools must be enclosed by a minimum four-foot-high fence or wall. Swimming pools shall be considered as a permitted accessory use when located on a site containing a permitted residential use.

As a condition of approval and the continuance of any use, occupancy of any structure and operation of any process or equipment, the applicant shall supply evidence, satisfactory to the Planning Board or to its designated representative, that the proposed use, structure, process or equipment will conform fully with all of the applicable performance standards. As evidence of compliance, the Board may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant. The Planning Board may require that specific operating procedures or methods be followed or that specific types of equipment, machinery or devices be installed if the government agencies or testing laboratories examining the proposed operation shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods is required in order to ensure compliance with the applicable performance standards. Permits and certificates required by other government agencies shall be submitted to the Planning Board as proof of compliance with applicable codes.

A. Preservation of natural features. No structure shall be built within any drainage or conservation easement or, in their absence, within 100 feet of the top of the bank of a flowing body of water. No building shall be constructed within the floodplain of any stream or on land subject to periodic overflow or on land which has an average water table within two feet of the ground surface. No persons, firms or corporations shall strip, excavate or otherwise remove soil 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 or pursuant to the terms of Chapter 290, Soil Removal. Existing natural features such as trees, brooks and drainage channels 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, wherever possible, at the discretion of the Planning Board.

B. Noise. [Amended 6-22-1993 by Ord. No. 19-93]

(1) Any noise produced on any premises or within any structure shall not be in excess of the standards set by the Department of Labor, Occupational Safety and Health Administration, occupational safety and health standards and applicable established federal standards.

(2) Any noise produced on any premises or within any structure shall not be in excess of standards as set forth in Chapter 235, Noise. This subsection, if governed by a state or federal legislation, regulation or standard, shall be deemed to be superseded by said state or federal legislation, regulation and/or standard.

C. Air pollution. All standards and provisions of the New Jersey State Department of Environmental Protection Air Pollution Control Codes, as amended or supplemented, shall be complied with.

(1) Smoke. In any nonresidential zone, smoke shall not be emitted into the open air from any fuel-burning equipment in excess of the standards set by the New Jersey Department of Environmental Protection, New Jersey Air Pollution Control Code, Chapter 4, Control and Prohibition of Air Pollution by Smoke, as amended or supplemented.

(2) Solid particles.

(a) In any zone there shall be no discharge of solid particles through a stack, duct or vent in excess of the standards set by the New Jersey Department of Environmental Protection, New Jersey Air Pollution Control Code, Chapter 7, Control and Prohibition of Solid Particles, as amended or supplemented.

(b) No open burning shall be permitted in any zone except in compliance with the New Jersey State Department of Environmental Protection Air Pollution Control Code, Chapter 2, Control and Prohibition of Open Burning, as amended or supplemented.

(c) All incinerators shall be approved by the New Jersey Department of Environmental Protection and comply with all standards and provisions of the New Jersey Department of Environmental Protection, New Jersey Air Pollution Control Code, Chapter 11, Control and Prohibition of Air Pollution from Incinerators, as amended or supplemented.

(d) No coal or coke shall be used to heat or cool any building or used in any process.

(e) Any road, parking area, driveway, truck loading or unloading station or any other exterior area having a substantial movement of vehicles or equipment shall be paved or otherwise stabilized during construction sufficiently to minimize the generation of dust from the movement of such vehicles or equipment.

D. Odors. In any zone, odorous material shall not be emitted into the atmosphere in quantities sufficient to be detected without instruments or in excess of the standards and provisions set by the New Jersey Department of Environmental Protection, New Jersey Air Pollution Control Code, Chapter 6, Prohibition of Air Pollution, as amended or supplemented. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained. Table 1 (Odor Thresholds in Air) in Part 1 (Odor Thresholds for 53 Commercial Chemicals) of Research on Chemical Odors, copyrighted October 1968 by the Manufacturing Chemists Association, Inc., Washington, D.C., shall be used as a guide in determining quantities of offensive odors.

E. Liquid waste. No liquid waste shall be discharged (directly or indirectly) into any watercourse except as to conform to federal, state and local statutes, laws, rules and regulations, as amended or supplemented. [Amended 6-22-1993 by Ord. No. 19-93]

A. Gambling devices not permitted. Nothing in this section shall in any way be construed to authorize, license or permit any gambling devices whatsoever or any mechanism that has been judicially determined to be a gambling device or in any way contrary to law or that may be contrary to any future laws of the State of New Jersey.

B. License required. Any person, firm, corporation or association displaying for public patronage or keeping for operation any mechanical or electronic amusement device shall be required to obtain a license from the City of Long Branch as set forth in Chapter 106, Amusements.

C. Exclusions. Nothing in this section shall prohibit any person, firm, corporation or association operating within the City of Long Branch from offering for public patronage or keeping for operation two mechanical or electronic amusement games.

D. Parking. There shall be one parking space for every 25 square feet of floor area plus one parking space for each employee.

[Added 2-14-1995 by Ord. No. 6-95]

A. In the development and execution of this section it is recognized that there are certain uses which, because of their very nature, are recognized as having serious objectionable operational characteristics. Such uses create and promote a deleterious effect on the City's neighborhood characteristics, administration of schools and the commercial and economic viability of the community. Adult entertainment uses are such uses. In order to prevent the deterioration of the community, to preserve the neighborhoods of the City of Long Branch, to ensure the economic prosperity of the community and to provide for the protection and well-being of the quality of life in the City of Long Branch, certain regulations are necessary to prevent these adverse effects.

B. Adult entertainment uses are prohibited in all zones, except where expressly permitted.

C. In any zone where adult entertainment uses are expressly permitted, however, no adult entertainment use shall be located within 100 feet of any of the following:

(1) Churches, monasteries, chapels, synagogues convents and rectories.

(2) Schools, up to and including the 12th grade, and their adjunct play areas.

(3) Public playgrounds, public swimming pools, public parks and public libraries.

[Added 5-26-2009 by Ord. No. 9-09]

Farmers' markets and/or community farmers' markets are authorized as follows and as subject to the following terms and conditions:

A. Zones and site locations.

(1) Farm markets and/or community farmers' markets are permitted in the C-1, C-2 and C-3 Zones.

(2) City Council approval of specific site location(s) may be required.

(3) Special Events Committee approval for days and times of operation may be required.

(4) A Farm market permit is required through the Planning and Zoning Office.

B. Requirements.

(1) The property owner or sole proprietor for the farm market or community farmers' market ("market") is considered the management ("management") in charge of the market.

(2) Management:

(a) Is responsible for obtaining a farm market permit for the site.

(b) Is responsible for obtaining Health Department approvals in accordance with the state sanitary code and City ordinances for the management and all farmers/growers/produce sellers from the Jersey Fresh Organic Farmers' Market Program that utilize the market.

(c) Is required to coordinate and keep records on providers.

(d) Is responsible to comply with all food safety requirements for product sales for farm market and community farmers' markets required by the N.J. Department of Agriculture and N.J. Department of Health and Senior Services' Food and Drug Safety Programs.

(e) May be asked by health officials to demonstrate knowledge of the minimum food safety requirements for product sales for farm market and community farmers' markets required by the N.J. Department of Agriculture and N.J. Department of Health and Senior Services' Food and Drug Safety Programs.

(f) Is required to comply with and enforce City Health Department and Department of Public Works food vendor, recycling and waste management rules and ordinances.

(3) Farmers/growers/produce sellers other than those within the Jersey Fresh Organic Farmers' Market Program must obtain their own Health Department approvals in accordance with the state sanitary code and City ordinances.

(4) All participants are to operate under state health requirements.

(5) The total number of farmers/growers/produce sellers on the site is determined by the N.J. Department of Agriculture farm market guidelines and City requirements.

(6) No mobile food vendors/peddlers are permitted.

(7) Sales or vendors other than farmers/growers/produce sellers are not permitted.