Any restrictions or requirements with respect to buildings or land, or both, which appear in other Chapters of the Borough of West Long Branch, which 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. (Ord. #513)
No building shall hereafter 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 attached Schedule (Subsection 18-5.1). Furthermore, no open space contiguous to any building shall be encroached upon or reduced in any manner, except in conformity to the area and bulk requirements, off-street parking and loading requirements, and all other requirements and regulations designated either in this Chapter or Schedule for the zone in which such building or space is located. In the event of any 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. (Ord. #513)
a. Undersized Lots of Record. Any parcel of land with an area or width less than that prescribed for the zone in which the lot is located, which parcel was under one (1) ownership at the date of the adoption of this Chapter and the owner thereof owns no adjoining land, may be used as a lot for any purpose permitted in the zone, provided that the minimum area and lot width requirements for such lot shall be seventy-five (75%) percent of the requirements of the zoning district, and provided that all other regulations prescribed for the zone in this Chapter are complied with.
b. 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 roof level. 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 prevent 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 (5') feet.
c. Lots and Yards.
1. No yard or other open space provided about any buildings for the purpose of complying with the provisions of this Chapter shall be considered as providing a yard or open space for any other building and no yard or other open space on another lot shall be considered as providing a yard or open space for a building on any other lot.
2. Where a building lot has frontage upon a street which on the Official Map or Master Plan of the Borough of West Long Branch is contemplated for right-of-way widening, the required front yard area shall be measured from such proposed future right-of-way line.
3. Open fire escapes may project not more than five (5') feet into any side or rear yard in a residential zone. A paved terrace at ground level shall not be considered in the determination of side or rear yard sizes or lot coverage provided, however, that such terrace is unroofed and without walls, parapets or other forms of enclosure.
4. In the case of irregularly shaped lots, the minimum lot width specified in the Schedule may be measured at the minimum front yard setback line, provided that in no case shall the lot frontage measured at the street right-of-way line be less than seventy five (75%) percent of the minimum lot frontage as specified in the Schedule, Subsection 18-5.1 of this Chapter.
5. For the purpose of regulating the location of accessory buildings on corner lots, all portions of a corner lot or a "through" lot which fronts on a public street shall be subject to the front yard requirements of the zone district in which the corner lot or "through" lot is located; provided further that no accessory building shall be permitted within any required front yard.
6. All yards facing upon a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which located.
7. No front yard shall be used for open storage of boats, vehicles, or any other equipment except vehicular parking on driveways. All permitted open storage areas shall be properly landscaped.
d. Reserved.
e. Principal Buildings and Uses.
1. Every principal building shall be built upon a lot with a frontage upon a public street improved to the Borough's requirements, or for which such improvements shall have been insured by the posting of a performance guarantee pursuant to the Land Subdivision Chapter of the Borough of West Long Branch, unless relief is granted under the provisions of N.J.S.A. 40:55D-36 of the Laws of the State of New Jersey.
2. Each lot shall be permitted to contain only one (1) principal structure as permitted by this Chapter, ordinance, or as set forth in certain zones herein.
3. Business and commercial structures and uses shall not display goods for sale outside of the lot lines in which such activity is conducted.
f. Accessory Buildings and Structures.
1. An accessory building attached to a principal building shall comply in all respects with the yard requirements of this Chapter for the principal building.
2. Detached accessory buildings and accessory structures shall be located in the side or rear yards only. Detached accessory buildings shall be set back from the side or rear lot line at least a distance equal to the height of such building. Sheds, however, shall be subject to different requirements, as set forth below:
(a) As long as the shed is one hundred (100) square feet or less in size, and the shed is no more than eight (8') feet in height at its peak, the shed may not be located any closer than two (2') feet from either (rear or side) property line.
(b) If the shed is in excess of eight (8') feet in height at its peak, the shed must be set back from the side and rear line at least a distance equal to half of the height of the shed.
(c) If the closest point of the shed to the rear property line is in excess of fifteen (15') feet, the shed must be located at least fifteen (15') feet from each side property line.
3. In all residential zones, accessory buildings and structures combined shall occupy no more than the equivalent of twenty-five (25%) percent of the area of the rear yard, and there shall be no more than two (2) accessory buildings permitted, exclusive of a garage.
4. Radio antennas, not including satellite dish antennas, shall be permitted as free-standing structures or attached to the roof. They shall not exceed a height of sixty (60') feet as measured from natural ground elevation.
g. Preservation of Natural Features.
1. No person, firm or corporation shall strip, excavate or otherwise remove top 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 and as further provided for in existing ordinances.
2. Existing natural features such as trees, brooks, drainage channels, and views 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.
h. Swimming Pool Fence Requirements. See Chapter X, Swimming Pools. (Ord. #513; Ord. #0-97-16, S 3; Ord. #O-04-06; Ord. #O-08-7, S VI; Ord. #O-11-13)
a. Uniformity Prohibited. In any residence district, no dwelling house shall be erected if it is substantially like any neighboring building, as hereinafter defined, then in existence or for which a building permit has been issued, in one (1) or more of the following three (3) respects:
1. Height of the main roof ridge above the top of the plate.
2. Length of the main roof ridge.
3. In the front elevation, relative location with respect to each other of garage (if attached), porch (if any), and entrance; provided, however, that when such neighboring building has been in existence for more than three (3) years (computed from such date of its building permit) no dwelling house shall be erected if it is substantially like such neighboring building in two (2) or more of the three (3) respective above mentioned.
b. In relation to the premises upon which it is proposed to build, or for which a building permit is sought, a neighboring building is defined as one (1) fronting on the same side of the street and on the first or second lot as laid out on the West Long Branch Tax Map next along said street in either direction, from said premises, without regard to intervening streets. (Ord. #513)
a. Business structures or uses shall not display goods for sale purposes or coin operated vending machines of any type beyond three (3') feet of the structure in which such business activity is carried on.
b. In any zone all required yards, open spaces, off-street parking and landscaping must be contained within that zone.
c. At the intersection of two (2) or more streets, no hedge, fence or wall which is higher than thirty (30") inches 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 each thirty (30') feet distant from the intersection along said street lines.
d. A buffer zone at least twenty-five (25') feet in width shall be provided along rear and side property lines and shall include a screen fence or hedge at least six (6') feet in height and shall be properly maintained at all times in a business, commercial, industrial, professional or multi-family residential zone. Whereas a business, commercial, industrial, professional or multi-family zone abuts a single-family residential zone, the minimum width of the buffer zone shall be in accordance with Subsection 18-5.1, Schedule of Area, Yard, Building (Bulk) and Unit Requirements). Detailed plans for the size and nature of the buffer shall be set forth on the site plan submitted pursuant to this Chapter and shall be subject to approval of the Planning Board or Zoning Board which may for special reasons increase the minimum requirements set forth herein.
e. Prohibited Uses.
1. Any use not specifically permitted in a zoning district established by the Zoning Chapter is hereby expressly prohibited from that district.
(a) It is the policy of the Borough that the following uses are specifically prohibited in all zoning districts:
(1) Adult book stores and adult entertainment facilities.
(2) Tattoo parlors.
(3) Crematoriums.
(b) Gun shops are prohibited in all zones except the HC Highway Commercial Zone provided that the requirements of paragraph (1) below are adhered to.
(1) The sale of firearms shall be prohibited within one thousand (1,000) feet of a school in accordance with the delineations of Drug Free Zones in Section 3-10. (Ord. #513; Ord. #O-09-10)
a. Intent of Conditional Use Permits. Whereas certain uses, activities and structures and building are considered necessary to serve the needs and convenience of the community, and at the same time, recognizing that such uses may be or become inimical to the public health, safety and general welfare, if located and operated without proper consideration being given to the existing conditions and character of the community and surrounding neighborhood, such uses and activities may be permitted in certain specified areas, under the terms of this section of the Zoning Chapter of the Borough of West Long Branch.
b. Issuance of Conditional Use Permits.
1. Any person seeking a Conditional Use Permit for any use of the type included in this section of this Chapter shall first make application, in the form described by paragraph c. of this subsection, to the Planning Board through the Administrative Officer for a Conditional Use Permit. Also such applications shall be filed with the Borough Clerk no later than fourteen (14) days prior to the date of a regular meeting of the Board. No application for a Conditional Use shall be deemed complete until all fees are paid and all documents required for site plan review have been filed with the Borough Clerk.
2. The supporting documents shall be forwarded to the Planning Board of the Borough of West Long Branch for review of the site plan for an evaluation of the proposed Conditional Use and its relationship and conformity to the goals, objectives and policies established by the Planning Board and set forth in the site plan section of this Chapter. The review by the Board of an application for a Conditional Use shall include review of a site plan application submitted pursuant to the requirements of the site plan section of this Chapter and all applications for approval of a Conditional Use shall be granted or denied after a public hearing by the Planning Board.
3. The Board shall hold a public hearing on the application for Conditional Use, together with the required hearing on the site plan application at its first regular business meeting following the submission of the complete application by at least fourteen (14) days. Notice of the hearing shall be given pursuant to the provisions of the West Long Branch site plan section of this Chapter.
4. The Planning Board shall grant or deny an application for a Conditional Use within ninety-five (95) days of submission of the complete application by the applicant or within such further time as may be consented to by the applicant.
5. All applications for a Conditional Use must comply with the following minimum standards for approval:
(a) Such use shall be in harmony with the general intent and purposes of the zoning ordinance.
(b) Such use shall not affect adversely the character of the district, its property values, or the health, safety, and welfare of the residents or workers in the general neighborhood.
(c) Such use shall be so organized and arranged that vehicular and pedestrian traffic to and from the site of such use will not create undue congestion or other hazards prejudicial to the character of the general neighborhood.
6. The plans and information accompanying an application for a Conditional Use Permit shall also include the following:
(a) The location, use, design, specifications, floor plans, dimensions and height of such proposed building or structure.
(b) Existing property lines, streets and buildings within (500') feet of the property.
(c) The location and arrangement of vehicular accessways and the location, size and capacity of all areas to be used for off-street parking, loading and unloading.
(d) The location and dimensions of sidewalks, walkways and all other areas devoted to pedestrian use.
(e) The design and treatment of buffer areas and screening devices to be maintained, including all dimensions of all areas devoted to planting, lawns, trees or other landscaping devices.
(f) Provisions for water supply, storm drainage and sewage disposal.
(g) Sufficient data to indicate the effects of the proposed use in producing traffic congestion and safety hazards, and sufficient additional data to enable the Planning Board to determine compliance with the design requirements set forth in this and other pertinent sections of this Chapter.
(h) All other details as established under the site plan section of this Chapter.
c. Permitted Conditional Uses. The following conditional uses, contained in paragraphs d. through f. may be permitted in the specified zones of the Borough of West Long Branch, subject to the terms and conditions specified herein or specified elsewhere in this section of the Chapter or in the site plan section of this Chapter.
d. Public Utilities. Public utilities, such as high voltage transmission lines and towers, substations, and telephone exchanges, may be permitted in certain zones in the Borough provided that:
1. Proof is furnished to the Planning Board that the proposed installation in a specific location is necessary for the convenient and efficient operation of the public utility system or a satisfactory and convenient provision of the service by the utility to the neighborhood or area in which the particular use is to be located.
2. The design of any building in connection with such facility conforms to the general character of the area in which it is proposed and will not affect enjoyment of property rights of the zone in which it is located. Adequate and attractive fencing and other safety devices will be provided in conjunction with such use and sufficient landscaping, including trees, shrubs, lawns and other screening.
3. Buildings, facilities, fences and other safety devices, and landscaping will be periodically maintained.
4. Installation of all new public utility distribution supply lines and service connections shall be underground, except for lots located on an improved street where existing electric and/or telephone lines are presently serving said street.
e. Home Professional Occupations. Home professional occupations, as defined in this Chapter may be permitted in all residential zones, provided that:
1. A home professional occupation shall be carried on entirely within the principal building and shall not, under any circumstances, exceed twenty-five (25%) percent of the total gross habitable floor area of the principal building.
2. No such home professional occupation shall require exterior alteration of the principal building.
3. No home professional occupation shall permit the employment of more than one (1) employee who is not a permanent resident of the principal structure.
4. No such home professional occupation shall permit any advertising display other than a small professional name plate sign. Such sign shall not exceed two (2) square feet in area on any one (1) side and such sign shall not be illuminated.
f. Eating and Drinking Establishments. Eating and drinking establishments may be permitted in all Neighborhood Commercial Zones, provided that:
1. No such establishment shall be located within one thousand (1000') feet of any existing or proposed similar establishment, use, liquor license, or within one thousand (1,000') feet of any church or school.
2. The design of any building in connection with such establishment conforms to the general character of the area in which it is proposed and will not affect enjoyment of property rights of the zone in which it is located. Adequate and attractive fencing and other safety devices will be provided in conjunction with such use and sufficient landscaping including trees, shrubs, lawns and other screening will be provided at the request of the Planning Board. Sufficient buffers as set forth and required by the Planning Board must be complied with.
3. Use shall in no way disturb any neighboring commercial or residential property owners.
g. Houses of Worship. Houses of worship shall be permitted as conditional uses in the R-22 and R-15 Residential Zones based on the following minimum conditions: Minimum lot area of three (3.0) acres, maximum impervious lot coverage of sixty (60%) percent, maximum building coverage of twenty (20%) percent, minimum buffer of twenty-five (25') feet, minimum front yard set-back of seventy-five (75') feet, minimum lot width of two hundred (200') feet, minimum side yard of fifty (50') feet, and a minimum rear yard of seventy-five (75') feet. (Ord. #513; Ord. #O-08-7, S XIV; Ord. #O-09-10)
a. Applicability. This subsection of the West Long Branch Zoning Regulations sets forth mechanisms by which developers shall provide for a fair share of affordable housing based on growth that is associated with development taking place within West Long Branch in zones other than those zones which provide for mandatory or overlay inclusionary affordable housing development.
b. Inclusionary Affordable Housing Provisions. Residential development in non-inclusionary and non-overlay zones which results in the construction of five (5) or more new market-rate dwelling units at a density of six (6) or more dwelling units per acre shall be required to provide an affordable housing inclusionary component consisting of the following:
1. Developments that are for-sale developments shall provide twenty (20%) percent of the total number of dwelling units as affordable housing unit;
2. Developments that are rental developments shall provide fifteen (15%) percent of the total number of dwelling units as affordable housing units.
3. Developers may round down to the next lowest whole number when calculating the inclusionary affordable housing obligation.
4. Affordable housing units shall be constructed, administered and occupied in accordance with the Borough Affordable Housing Regulations (Chapter XXXVI) and Affordable Housing Manual.
c. Exemptions. Residential developments that received preliminary or final approval from the Planning Board and/or Board of Adjustment, as applicable, prior to the effective date of this subsection are hereby exempt from the inclusionary housing requirements of this subsection. (Subsection 18-6.7 was adopted December 5, 2012.) (Ord. #O-12-20, S 5)
