Bradley Beach City Zoning Code
ARTICLE IV
General Regulations Applicable to all Zones
§ 450-8 Applicability of regulations.
No structure shall hereafter be erected, structurally altered or moved, nor shall any lands or the buildings thereon be used for any purpose except in conformity with all regulations hereinafter established for the zone in which said land or structures are located; nor shall any open space or yard area established for the purpose of complying with the regulation of this chapter be reduced or encroached upon in any manner except as shall be specifically permitted in this chapter.
§ 450-9 Permitted uses in all zones.
The following uses are permitted in any zone in the Borough:
A.
Municipally owned facilities, including but not limited to municipal offices, police stations, fire stations, first aid buildings, libraries, schools and any other such similar facility that serves a public purpose or use.
B.
Public works buildings and yards.
C.
Public recreation facilities, including recreation buildings, beaches, parks, playgrounds and facilities accessory or ancillary to such recreation facilities, including but not limited to parking lots, boardwalks, plazas, gazebos, snack bars, rest room facilities, etc.
D.
Community residences and community shelters, subject to the requirements of the R-1 Residential Single-Family Zone.
E.
Family day-care homes, subject to the requirements of the R-1 Residential Single-Family Zone.
G.
Ground-mounted equipment:
(1)
In any nonresidential zone, ground-mounted structures such as mechanical heating and ventilating equipment, air-conditioning units, transformer boxes, emergency generators, or any other structure may not be located in the front yard and must comply with accessory structure setback requirements in each zone. Ground-mounted equipment may only be placed in the side and rear yards and must be screened by an enclosure approved by the Zoning Officer or Borough Engineer.
(2)
In any residential zone ground-mounted generators for emergency use when the municipal power grid is off-line are permitted to be used when installed and used in accordance with the following regulations.
(3)
Ground-mounted generators permitted in this section must be permanent and incidental to the residential use and meet the following technical requirements:
(a)
Ground-mounted generators must be located so as to minimize noise and visual impact on adjacent properties with use of appropriate sound attenuated enclosures, screening, and landscaping as approved by the Zoning Officer.
(b)
Ground-mounted generators may not be located in the front or side yard and may only be placed in the rear yard with a minimum setback of 15 feet from the rear property line and five feet from the side property lines.
(c)
Generator operating sound output may not exceed Chapter 310, Noise, of the Borough Code as measured from the closest property line.
(d)
Ground-mounted generators may be operated only during power loss or for maintenance operation. Maintenance operation shall only occur between the hours of 11:00 a.m. to 1:00 p.m. Monday through Friday and in accordance with manufacturing specifications.
(e)
Ground-mounted generators must be in compliance with all federal, state, and local laws and regulations.
(4)
Prior to the installation and/or use of any ground-mounted generator, the property owner and/or operator thereof must obtain all required zoning and construction permits.
(5)
In any residential zone, air conditioning, HVAC, or other mechanical equipment shall conform to § 450-13G.
(6)
In townhouse, garden apartment, or multifamily residential areas, applications must be made to the Land Use Board by the property owner or homeowner's association for placement of any new mechanical devices, such as emergency generators.
§ 450-10 Prohibited uses in all zones.
A.
The following uses are not permitted in any zone in the Borough:
(1)
Self-service gasoline stations, self-service automobile filling and cleaning stations and self-service public garages.
(2)
Auto body repairs of any kind or nature and any auto body repair shops.
(3)
Auto body painting of any kind, nature or description.
(4)
Gas, gasoline and motor fuel stations of every kind and nature.
(5)
Automotive repairs or installation of any parts therefore or as to any installations of parts or repairs thereto; automotive shall include motor vehicles, motorcycles, motor bikes and all like vehicles of any kind or nature.
(6)
Home for the aged.
(7)
Children's home.
(8)
Training school; provided however that the foregoing shall not be deemed to prohibit dance studios or schools as to any types or styles of dance, nor shall the same prohibit other cultural or artistic schools or studios.
(9)
Hospital, convalescent home or any institutional projector program.
(10)
Pool parlor, billiard parlor, poolroom, billiard room.
(12)
Cement plants or any such types of endeavors dealing with the mixing of minerals, chemicals or any similar types of endeavors.
(13)
Factories of any kind, nature or description whatsoever.
(14)
Establishments where any commercial painting endeavors are performed.
(15)
Commercial or semi commercial garages or parking lots.
(16)
Car wash or car washing whether automatic, manual, semiautomatic or otherwise.
(17)
Manufacturing, whether light or heavy or industrial of any kind or nature except as specified in § 450-31A(2).
(18)
New and used car lots and show rooms, that display for sale, motor vehicles, motorcycles, or motor bikes or any similar vehicle and any ancillary use normally found in conjunction therewith.
(19)
Plastics manufacturing or similar commercial endeavors.
(20)
Junkyards of any kind or nature or description.
(21)
Adult bookstores and establishments offering adult entertainment.
(22)
Storage warehouses of any kind or description.
(23)
Fuel oil distributors or gasoline distributors, or distributors of any inflammable materials, whether retail or wholesale.
(24)
Clothing manufacturing of any kind or nature.
(25)
Construction business in any phase or part thereof with the exception of an office use within a building.
(26)
Commercial storage of heavy equipment of any kind or nature.
(27)
Any commercial or industrial endeavor reasonably to be deemed a part of any of the foregoing.
(28)
Organization meeting places.
(29)
Fraternity or sorority houses.
(30)
Clubhouses, civic clubs or any like use or uses.
(31)
Bail bonding companies and bail bondsmen.
(32)
Conversion of single-family uses to multiple-family uses.
(33)
Trailer parks or camps.
(34)
Any more than one amusement game device commonly known as a "pinball machine" or similar game, located as an accessory use.
(35)
Hotels, motels, boarding homes and rooming houses.
(36)
Tattoo establishments and body piercing establishments.
(37)
Check cashing establishments or check cashing services except as part of services offered by banks.
(38)
Any use of land or buildings or any activity not specifically permitted in a zone.
(39)
The operation of cannabis cultivators, cannabis distributors, cannabis manufacturers, cannabis wholesalers, cannabis retailers, medical cannabis alternative treatment centers, medical cannabis cultivators, medical cannabis dispensaries, and medical cannabis manufacturers.
§ 450-11 Used car sales at gasoline stations and on private residences.
While new and used car lots are expressly prohibited, the following exceptions are noted:
A.
Any gasoline station, within the Borough of Bradley Beach, may display for sale no more than two used motor vehicles; provided, however, that the premises shall not have any sign or signs on the premises advertising such sales nor setting forth any wording indicating the sale of used motor vehicles other than a single sign that may be affixed to the motor vehicle or motor vehicles being sold as heretofore limited, which sign on the motor vehicle shall be no more than 12 inches by 12 inches.
B.
Any property owner may display for sale, on the owner's private property, the property owner's private vehicle, or a motor vehicle owned by a member of the property owner's family; provided, however, that no sign of any kind shall be displayed on the property relative to the proposed sale, other than a single sign affixed to the vehicle which sign shall be no larger than 12 inches by 12 inches, but no such sign nor such vehicle shall be permitted in and upon the streets or highways within the boundaries of the Borough and as further limited by other Borough ordinances.
§ 450-12 Nonconforming uses, structures and lots.
The following provisions shall apply to valid nonconforming uses structures and lots at the time of adoption of this section:
A.
Any noncompliant use, structure, and/or lot, which is lawfully in existence prior to the effective date of these Land Development Ordinance[1] revisions, shall be deemed nonconforming at the passage of this section, or any applicable amendment thereto, and may be continued as otherwise provided in this section.
B.
No existing use, structure or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered, unless it is changed to a conforming use or structure except as follows:
(1)
Any nonconforming structure or use partially destroyed by fire or other natural calamity may be restored, reconstructed or used as before; provided, that neither the volume such use or structure nor the floor area shall exceed that which existed prior to such damage; and, provided further, that such restoration shall be in accordance with the following:
(2)
Normal maintenance and repair of a structure containing a nonconforming use is permitted, provided that it does not extend the area or volume of space occupied by the nonconforming use or structure and does not increase the intensity of use. Nothing in this section shall prevent the restoring to a safe or lawful condition any part of any structure declared unsafe by the Construction Official.
(3)
A building containing a residential nonconforming use may be altered in any way to improve interior livability. No structural alterations shall be made which would increase the number of bedrooms or dwelling units.
C.
Nonconforming uses and structures are considered terminated and shall not be revived in any way except as a conforming use or structure in accordance with the following:
(1)
A nonconforming use or structure abandoned in accordance with this section and accompanied by an intent on the part of the owner to abandon such use as evidenced by some act or failure to act which carries with it a sufficient implication that the owner neither claims nor retains any interest in the subject matter of the abandonment shall be considered a termination thereof. Such implication shall be rebuttably presumed by nonuse for any period of two or more years. Nonuse by successive owners shall be considered continuous nonuse.
(2)
The change of a nonconforming use or structure to a more or entirely conforming use for any period of time shall be considered an abandonment of the previous nonconforming use, and a reversion to the previous nonconforming use shall not be permitted.
(3)
Abandonment of nonconforming use. A nonconforming use shall be deemed to be abandoned where there is an intention to abandon as well as an external act (or omission to act) by which such intention is carried into effect.
(a)
It shall be prima facie evidence that a nonconforming use shall be deemed to be abandoned when there occurs a cessation of such use on the part of a tenant or owner for a continuous period of at least two years.
D.
A nonconforming structure may not be enlarged, extended, increased in height, width or depth, moved or relocated, modified in such a way so as to increase habitable or useable 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- to four-family dwelling may be rebuilt, enlarged, extended or added to provided:
(1)
The enlargement, extension or addition conforms to all zone requirements.
(2)
Any existing one- to four-family dwelling located in a residential zone destroyed by wind, fire, water incursion, exposure or other act of god or public enemy or other natural calamity may be rebuilt on the same footprint, but need not comply with minimum lot width, depth and area requirements where the existing condition is nonconforming.
E.
The prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply for, in writing, the issuance of a certificate certifying that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the responsibility of affirmatively proving the preexisting nonconforming use or structure. Application pursuant hereto may be made to the Land Use Board Administrative Officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Land Use Board.
F.
Existence and continuance. At the date of adoption of this chapter any lot, building or structure which has been and is still being used for a purpose which does not conform to the requirements of the particular zone where the lot, building or structure is situated and which use is lawful and properly licensed, if required, and is not prohibited by any other existing ordinance of the Borough or any statute of the State of New Jersey or the United States of America, the use may be continued, subject to other provisions contained in this section and any change of title or possession shall not affect the continuance of such existing use. The existing use may be continued as aforesaid, provided further however, that:
(1)
No nonconforming lot shall be further reduced in size.
(2)
No nonconforming building shall be enlarged, extended or increased, unless such enlargement would tend to reduce the degree of nonconformance.
(3)
No nonconforming use may be expanded.
(4)
No structural alterations shall be made in any building or structure containing a nonconforming use, to change such a building or structure to another or an additional nonconforming use.
(5)
No building shall be constructed upon a conforming lot which lot contains a nonconforming building or use.
(6)
Neither the volume or the floor area shall be greater than existed prior to the damage.
G.
Undersized lot permitted improvements. In any residential zone, any existing lot on which a dwelling is located and: 1) which lot does not meet the minimum lot size, width, or depth, or 2) on which lot there is a structure which violates any bulk requirements, may make improvements (renovations to an existing structure or new construction) to said lot or structures thereon without any appeal for variance relief, provided that the proposed improvements do not create new or expand existing nonconformities or variances and provided that the neither the footprint, floor area, nor volume of the structure is greater than is existing or existed. This exception shall not be construed to apply to any lot on which there is any nonconforming use. Improvements under this section require the following:
(1)
The permitted building coverage is not exceeded;
(2)
The permitted lot coverage is not exceeded;
(3)
The accessory building and/or addition do not violate any other requirements of this chapter, such as, but not limited to, height, setback and parking; and
(4)
The property owner has filed a zoning permit application with the Building Department which the zoning reviewer has determined meets the requirements in this chapter.
§ 450-13 Permitted yard encroachments.
No building or part thereof shall be erected within or project into any required yard area except in accordance with the following provisions:
A.
Porches.
(1)
Applicability. This subsection includes regulations for attached, accessory porches located on properties within the R-1 and R-B Zones used for permitted residential purposes.
(2)
Setbacks; porch setbacks. For permitted residential structures a porch may extend eight feet into the required front yard setback area, provided the principal structure conforms to the front yard setback requirement or by submission of the appropriate setback averaging plan as reflected in § 450-26D. A wrap-around porch may exceed the width of the existing or proposed structure, as long as it is in compliance with side setback requirements for the principal structure.
(3)
Height. No porch floor is allowed above the lowest first floor walking surface elevation and shall comply with the principal building setback requirements.
(4)
Enclosure. A porch shall not be enclosed, heated or air-conditioned and railings, if required, shall promote the flow of air and light. Lattice and moveable sunscreens are permitted on side yard elevations. Walls are prohibited.
(5)
Location. Porches are also permitted within the buildable envelope at the front, rear and sides of the structure.
(6)
Coverage. Porches are included in the building coverage.
(7)
Stairs. Exterior stairs to the porch from grade are allowed forward of the porch encroachment.
B.
Upper porches.
(1)
Applicability. This subsection includes regulations for attached, accessory upper porches located on properties used for permitted residential purposes.
(2)
Setbacks. Upper porch, setbacks for permitted residential structures may extend eight feet into the required front yard setback area, provided the principal structure conforms to the front yard setback requirement or by submission of the appropriate setback averaging plan, as reflected in § 450-26D. Wrap-around upper porches on corner lots only may exceed the width of the existing or proposed structure, as long as it is in compliance with front yard setback requirements for the principal structures.
(3)
Height. No upper porch floor is allowed above the lowest second floor walking surface elevation.
(4)
Enclosure. An upper porch shall not be covered, enclosed, heated or air-conditioned and shall have railings that promote the flow of air and light. The installation of awning systems is prohibited. Walls are prohibited.
(5)
Location. Upper porches are permitted in the front yard of the dwelling only, above the footprint of the lower porch.
(6)
Coverage. Upper porches are included in the building coverage.
(7)
Stairs. Prohibited on upper porches.
C.
Balconies.
(1)
Applicability. This subsection includes regulations for attached accessory balconies located on properties used for residential purposes.
(2)
Requirements. For residential structures, no balcony, inclusive of gutters, shall extend out more than two feet from the second or third story wall to which it is attached. Each single-family dwelling may have no more than two balconies. Each balcony cannot exceed 80 square feet. Each duplex dwelling may have one balcony per unit, not to exceed two balconies for the dwelling. Each balcony cannot exceed 80 square feet, and such balcony area shall be counted toward the maximum area of any half story.
(3)
Setbacks. The edges of the balcony shall have a railing and the structure shall project no more than two feet from the exterior wall of the building and no more than two feet into the front setback area, inclusive of gutters.
(4)
Height. No balcony floor is allowed above the lowest half-story walking surface elevation and shall comply with the principal building setback requirements.
(5)
Enclosure. A balcony shall not be enclosed, heated or air-conditioned. Half walls and/or railings are permitted. The installation of awning systems is prohibited.
(6)
Location. Balconies shall be permitted at the front(s) of the dwelling only.
(7)
Coverage. This area shall be included in the building coverage.
(8)
Stairs. Prohibited on balconies.
D.
Deck, elevated.
(1)
Applicability. This subsection includes regulations for attached accessory decks located on properties within the R-1 and R-B Zones used for permitted residential purposes.
(2)
Setbacks. For residential dwellings, decks are not allowed to encroach into any principal dwelling's setback requirements and shall never be closer than five feet of any side yard property line, nor closer than 25 feet of any rear yard property line. No deck shall extend beyond the side building line.
(3)
Height. An elevated deck is permitted at or below the first floor walking surface elevation, not to exceed a maximum floor height of 48 inches above grade.
(4)
Enclosure. Elevated decks shall not be enclosed with sidewalls. Railings that promote the flow of air and light shall be installed.
(5)
Location. An elevated deck may be located in the rear yard area only.
(6)
Coverage. The elevated deck area shall be included in the impervious coverage.
(7)
Access. Access to the elevated deck can be from both the dwelling or external stairs that do not extend into any principal building setback.
(8)
Stairs. Will not be counted in impervious coverage and shall maintain a three-foot setback from all property lines.
E.
Deck, on grade.
(1)
Applicability. This subsection includes regulations for attached decks located on properties within the R-1 and R-B Zones used for permitted residential purposes.
(2)
Setbacks. For residential dwellings, decks are not allowed to encroach into any principal dwelling's setback requirements and shall never be closer than five feet of any side yard property line, nor closer than five feet to any rear yard property line. No deck shall extend beyond the side building line.
(3)
Height. A deck, on grade is permitted at or below the first floor walking surface elevation, not to exceed 12 inches above grade as measured at the perimeter.
(4)
Enclosure. Enclosures are prohibited. A pergola is permitted over a deck, on grade provided that a pergola does not exceed 10 feet in height or 120 square feet in area. A gazebo is permitted over a deck, on grade provided that the gazebo does not exceed 12 feet in height or 120 square feet.
(5)
Location. Decks may be located in the rear yard area only.
(6)
Coverage. The deck, on grade area up to 5% of lot size is excluded from impervious coverage. Deck, on grade area beyond 5% of lot size is included in impervious coverage. The area underneath a deck, on grade must be pervious surface.
(7)
Access. Access to the deck, on grade can be from both the dwelling or external stairs that do not extend into any principal building setback.
(8)
Stairs. Will not be counted in impervious coverage and shall maintain a three-foot setback from all property lines.
F.
Patio.
(1)
Applicability. This subsection includes regulations for patios located on properties within the R-1 and R-B Zones used for permitted residential purposes.
(2)
Setbacks. For residential dwellings, patios are not allowed to encroach into any principal dwelling's setback requirements and shall never be closer than five feet of any side yard property line, nor closer than five feet to any rear yard property line. No patio shall extend beyond the side building line.
(3)
Height. No patio is allowed above existing grade.
(4)
Enclosure. Patios shall not be covered or enclosed with sidewalls. A pergola is permitted over a patio provided that a pergola does not exceed 10 feet in height or 120 square feet in area. A gazebo is permitted over a patio provided that the gazebo does not exceed 12 feet in height or 120 square feet.
(5)
Location. Patios may be located in the rear yard area only.
(6)
Coverage. The patio area shall be included in the impervious coverage.
G.
Air conditioners, HVAC and other mechanicals shall not be permitted in the required area setbacks. See also § 450-58H.
(1)
Exception. Replacement of existing HVAC and air conditioning units shall be permitted in its current location, in a space not to exceed the original footprint. Under no circumstances shall the HVAC and/or air conditioning units be located closer than six inches from the side and rear lot lines.
I.
Entry platform.
(1)
Applicability. This subsection includes regulations for attached accessory entry platforms located on properties used for residential and nonresidential purposes.
(2)
Setbacks. A side or rear entry platform, including steps, may extend into the rear and side yard setbacks as long as a three-foot setback is maintained. No entry platform associated with a multifamily residential use may extend into any required setback area.
(3)
Enclosure. Entry platforms shall not be enclosed, heated, or air-conditioned. Railings that promote the flow of air and light shall be installed.
(4)
Coverage. An entry platform will not be greater than four feet in depth. Entry platforms, excluding stairs, shall be included in the building coverage.
(5)
Location. Entry platforms shall be permitted in the front, rear and side of the dwelling.
(6)
Height. No entry platform floor is permitted above the lowest floor walking surface elevation.
(7)
Stairs. Side and rear entry platform stairs may extend into the rear and side yard setbacks as long as a three-foot setback is maintained.
J.
Storage shed.
(1)
Applicability. This subsection includes regulations for detached accessory storage sheds located on properties used for residential and nonresidential purposes.
(2)
Requirements. There will be a limit of one storage shed per building lot that cannot exceed a maximum area of 100 square feet. A storage shed must have a pitched roof of at least three inches rise per 12 inches run.
(3)
Setbacks. Any storage shed shall be erected no closer than three feet from a side or rear property line.
(4)
Location. In no event shall any storage shed be erected or placed in the front of any other building. Storage sheds are prohibited in front and side yards.
(5)
Height. No shed shall exceed 10 feet in height. No shed shall exceed one story.
(6)
Coverage. Storage sheds shall not be counted in building or lot coverages, provided that the shed meets the size requirements of this section.
(7)
Stairs. Stairs are not permitted for storage sheds.
(8)
Heating or air conditioning. Heating and air conditioning are prohibited.
(9)
Review required. The Zoning Officer of the Borough of Bradley Beach shall approve the permit for any of the foregoing construction, erection, or placement before the same shall be performed.
K.
Other permitted yard encroachments. No building or part thereof shall be erected within or project into any required yard area except in accordance with the following provisions:
(1)
Ordinary projections. Ordinary projections of balconies, entry platform coverings, fireplaces, cornices, fly rafters, eaves, gutters, sills, bay windows, belt courses, chimneys, flues, buttresses and ornamental features may project not more than 24 inches from an exterior building wall into any required yard area, provided the projection does not violate the covenants of any deed or deeds to the property upon which the projection is made. Such projections shall not, however, be permitted along the Main Street frontage of any structure or for any permitted living quarters above an accessory garage.
(2)
Fireplaces. Existing fireplaces may be replaced in their location as long as they do not encroach on neighboring property and are equal to or smaller in size compared to the original.
(3)
Weather protection. Weather protecting and energy efficiency enhancing front door enclosures and wind screens are permitted in the GB, O-P, GBW and B-O-R Zones only subject to the following restrictions:
(a)
May be used only from October 15 to May 1 (in each calendar year).
(b)
The panels must be clear of such material for an individual to see through.
(c)
The view must be maintained between a height of two feet from grade and seven feet high.
(d)
Can project no more than four feet into a required front setback area and are no larger than 48 square feet in total area, provided the principal structure complies with the required front yard setback.
(e)
Must maintain ADA compliance.
(f)
Must be anchored to the ground in such a way as not to damage the Borough's sidewalk/pavers or create a tripping hazard when removed (any and all damages to sidewalk/pavers will be repaired at the owner's expense).
(4)
Fire escapes. Fire escapes are permitted in multifamily dwellings only, subject to the following restrictions:
§ 450-14 Permitted height exceptions.
A.
The height limitations of this chapter shall not apply to church spires, belfries, domes, antennas attached to buildings, none of which are to be used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, bulkheads and the necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall not exceed in coverage 20% of the total building area and shall not exceed a height necessary to accomplish the purpose that they are intended to serve.
B.
Freestanding accessories. Water towers, noncommercial radio and television antennas which are erected as freestanding accessories and which might normally exceed the height limitations established by this chapter may be erected to a height that can be demonstrated to the satisfaction of the Land Use Board as being necessary to accomplish their intended function, except that, in residential zones and on properties adjacent to residential zones, no such structure may be located nearer to any property line than a distance equal to its height above ground.
§ 450-15 One principal building per lot.
Except as might be hereinafter specifically provided, there shall not be more than one principal building erected on any lot.
§ 450-16 Frontage on an improved public street.
No principal building shall be erected upon a lot which does not have the minimum required frontage upon an improved public street as defined in § 450-32 hereof.
§ 450-17 Front yards.
A.
Any yard facing upon a public street shall be considered a front yard and shall conform to the minimum front yard requirements established for the zone in which the yard is located.
B.
No accessory structures, with the exception of flag poles, light or sign posts, walks, driveways, patios at ground level, fences, and mailboxes shall be erected within any front yard.
C.
No front yard shall be used for the storage of boats, trailers, equipment, or vehicles other than automobiles which are registered and in operating condition and which are parked on an improved driveway or parking area, except as might be specifically permitted elsewhere in this chapter. However, properties facing the lake on Lake Terrace may park vehicles other than automobiles on an improved driveway or parking area in the front yard.
§ 450-18 Sight triangles at intersections.
A.
On any corner lot, nothing shall be erected, placed, planted or allowed to grow in such a manner as to obstruct view between a height of three feet and 10 feet above the center-line of grades of the intersecting streets. The sight triangle is the triangular area outside the street right-of-way. Its triangular shape is formed by the two intersecting street right-of-way lines and a third line running diagonally across the corner. Where streets and driveways intersect a state or county road, the sight triangle shall conform to state or county requirements. At all other street and driveway locations, except for residential driveways, the length of the side of the triangle along the curbline of the intersecting street, shall be 25 feet.
B.
Sight triangles shall be required at each corner of street intersections and at intersections of streets and driveways serving commercial and multifamily housing developments. The area within sight triangles shall be either dedicated as part of the street right-of-way or kept as part of the lot and identified as a sight triangle easement. No planting or structure shall be erected or maintained more than three feet above the center-line grade of the intersecting street or driveway or lower than 10 feet above their center lines, excluding street name signs and official traffic regulations signs. Where any intersection involves vegetation, including trees, the developer shall trim or selectively thin trees to provide the sight triangle.
C.
All types of fences, walls, and hedges shall have a maximum height of three feet located within a triangle which has legs 10 feet long, measured along a street line and a driveway edge from the intersection of any driveway with a street.
§ 450-19 No accessory structure prior to principal structure.
No accessory structure, excluding fences and temporary buildings necessary for construction purposes, is to be erected prior to the completion of the principal building.
A.
Such temporary construction buildings may be erected only after the issuance of a building permit for the principal building and shall be removed within 30 days of the issuance of a certificate of occupancy for the principal building; or in the case of a major subdivision, within 30 days of cessation of the issuance of a certificate of occupancy for the final home in the subdivision.
B.
Existing permanent accessory structures (e.g., garage apartments) may be used as before if the principal building is destroyed or removed; provided, that neither the volume such use or structure nor the floor area shall exceed that which existed previously. A temporary certificate of occupancy can be issued for a period of no more than two years if all other conditions are met.
C.
New construction permanent accessory structures may be erected before, during or subsequent to erection of the principal building. Certificate of occupancy for the accessory structure is only available at the time of, or subsequent to, issuance of the certificate of occupancy for the principal building.
§ 450-20 Preservation of natural features.
Existing natural features such as lakes, ponds and the natural configuration of the ground shall be retained where possible. If it can be demonstrated to the satisfaction of the Land Use Board that such features will substantially interfere with a permitted use of a property, such features may be altered only to the extent absolutely necessary to render premises suitable for such permitted use.
§ 450-21 Removal of trees.
A.
It shall be unlawful for any person, firm or corporation to remove or injure or otherwise destroy any live tree, in any zone, or to cause of permit the same to be done by any third-party contractor or subcontractor, without first complying with Chapter 425 of this Code.
§ 450-22 Docks and bulkheads.
No dock, pier or bulkhead fill or other structure shall be erected or placed within or abutting any tidal water without first securing proper riparian grants and construction permits from the state and federal agencies having control over such construction, and any use thereof shall comply to the requirements of this chapter.
§ 450-23 Kitchen and sleeping facilities; basements.
A.
A kitchen facility shall not be allowed in a basement or cellar in any building. Basements or cellars shall be allowed for use as a toilet or bathroom, a laundry or playroom, or a furnace or heating rooms or storage room or a workshop. Erection, alteration or use for a kitchen shall be deemed any kitchen facilities, and it is prohibited to install therein any stove, or stoves, oven or ovens, any cooking or baking facilities of any kind or nature, including the prohibition of cooking plates or cooking or baking instruments of any kind, and the connection for use of any such kitchen facilities, as aforesaid, shall be deemed a violation of this chapter.
B.
No sinks shall be installed or connected in any room or rooms, as prohibited in the preceded paragraphs, other than for use for laundry purposes or bathroom and washing purposes.
C.
All kitchen facilities as enumerated in the preceding paragraphs are also prohibited and forbidden in any room or rooms located in structures of the Borough which room or rooms are located above the first floor of a structure which floor is sometimes referred to as the ground floor or grade level floor; excepting, however, that kitchen facilities shall be allowed in any room located above the first floor of a structure if the structure is a single-family dwelling and the kitchen facilities located above the ground floor are the only kitchen facilities within the structure; except, however, that this prohibition shall not apply to those zones or properties wherein the same may be permitted, as set forth in the preceding paragraphs herein. The prohibiting definitions as set forth in the preceding paragraph which apply as to the within paragraph with like force and effect.
D.
Sleeping facilities shall not be allowed in a basement or cellar in any building.
§ 450-24 Satellite antennas.
A.
The installation and use of a satellite antenna shall be permitted in all zones, subject to the limitations imposed by this chapter and in accordance with the terms and specifications herein set forth. Whereas the necessity for certain use of a satellite antenna is recognized and at the same time appreciating the fact that they or any one of them may be, or become, inimical to the public health, safety and general welfare of the community, if located without due consideration to the existing conditions and surroundings, the following standards and procedures are hereby established.
B.
Building-mounted antenna not exceeding 24 inches in diameter shall not require site plan approval, provided they do not encroach in any required yard or exceed permitted building height requirements. Applicants for a permit for a satellite antenna exceeding 24 inches in diameter shall submit a site plan application to the Land Use Board of Bradley Beach. Said site plan shall be drawn in accordance with the site plan requirements of Chapter 270, Land Development, of the Borough of Bradley Beach and in conformance with the conditions set forth below respective to use.
C.
All satellite antenna installations exceeding 24 inches in diameter are subject to the following requirements and standards:
(1)
The antenna surface area in square feet shall be no more than 12. The equivalent diameter of the cable dish in feet shall be no more than four, and the maximum antenna height in feet shall be no more than eight.
(2)
The dish shall be erected on a secure ground-mounted foundation.
(3)
If the dish or satellite antenna is to be installed on a multiple-family dwelling, the antenna may be installed on the roof of said building in an inconspicuous location so as to minimizes noise and visual impact on adjacent properties.
(4)
The antenna shall be located in the rear and not violate any yard and setback requirement of the main building.
(5)
The antenna shall be located and screened to minimize motor noise and visual impact from the street and adjacent properties. The ability to install the antenna in an unobstructive location and to minimize noise and visual impact on adjacent property and from the street shall be a major factor in determining whether or not the sit plan is approved.
(6)
The antenna shall be designed for use by residents of the main building only.
(7)
Power control and signal cables for the satellite antenna to the served structure shall be buried in accordance with the appropriate code.
§ 450-25 Applicability to municipal uses on Borough property.
No provisions of this chapter or any amendment to this chapter shall apply to permitted municipal uses on municipal owned lands and premises, nor to any structures thereon, or hereafter erected thereon, nor to any uses or structures accessory or ancillary to such permitted use.