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Bradley Beach City Zoning Code

ARTICLE V

Zone Regulations

§ 450-26 R-1 Residential Single-Family Zone.

A. 
Permitted principal uses.
(1) 
Single-family dwellings.
(2) 
Public parks and playgrounds.
(3) 
Municipal buildings and other public facilities providing services essential to the operation of the Borough subject to general review and recommendation by the Land Use Board.
B. 
Permitted accessory uses.
(1) 
Garage apartments in accordance with the following:
(a) 
On minimum lot size of 7,500 square feet.
(b) 
Maximum garage floor area (first floor): 800 square feet (including staircase).
(c) 
Maximum apartment floor area (second floor): 800 square feet (including staircase).
(d) 
Maximum of one bedroom.
(e) 
Garage and common area only on the ground floor.
(f) 
Living accommodations on the second floor only.
(g) 
Maximum building (peak) height of accessory two story garage apartment: 25 feet.
(h) 
Maximum eave height of garage: 12 feet.
(i) 
Minimum number of internal parking spaces: two spaces.
(j) 
Second floor porches or balconies are not permitted.
(k) 
Exterior staircases are not permitted.
(2) 
Garage apartments are permitted in the rear yard of corner lots. Garages with a single story and floor area not to exceed 800 square feet and a maximum building height (peak) of 15 feet.
(3) 
A maximum of one storage shed or similar storage building not exceeding 100 square feet in building area and 10 feet in height.
(4) 
A private swimming pool, subject to the requirements and limitations of Chapter 406, Swimming Pools.
(5) 
Fences, subject to the requirements and limitations of Chapter 201, Fences and Hedges, and Article IX, Fence, Landscaping and Buffer Regulations, of this chapter.
(6) 
Signs, subject to the requirements and limitations of Article X, Signs and Awnings, of this chapter.
(7) 
An outdoor barbecue structure with a maximum size of 30 square feet and a maximum height of four feet.
(8) 
A shelter for domestic pets, provided that the building area does not exceed 30 square feet.
(9) 
Home office, subject to the following requirements:
(a) 
The use is limited solely to office use.
(b) 
The use is operated by full-time residents of the dwelling unit and no other persons.
(c) 
Nonresident employees, customers, or business invitees or guests shall not visit the dwelling unit for business purposes.
(d) 
The use shall be located in only one room of the dwelling unit or 200 square feet, whichever is smaller, and shall not be served by a separate entrance.
(e) 
Interior storage of materials within the 200 square feet shall be limited to office equipment and office supplies.
(f) 
There shall be no change to the exterior of the buildings or structure because of the use, and there shall be no outside appearance of a business use, including but not limited to, parking, storage, signs or lights.
(g) 
The use shall operate no equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference with telephone, radio or television reception, detectable by neighboring residents.
(h) 
The quantity and type of solid waste disposal is the same as the other residential uses in the zone district.
(i) 
Delivery trucks shall be limited to U.S. Postal Service, Federal Express, United Parcel Service, Amazon, and other similar delivery services providing regular service from 8:00 a.m. to 7:00 p.m. to residential uses in the zone district.
(j) 
All vehicular traffic to and from the home office shall be limited in volume, type, and frequency to that normally associated with other residential uses in the zone district.
(k) 
There shall be only one home office permitted per dwelling unit.
(l) 
There shall be a one-time, nonrefundable application and inspection fee in the amount of $150 to apply for a home office use. The person operating the home office shall register with the Borough on a form provided by the Borough.
(m) 
There shall be an annual fee of $50 for subsequent yearly home inspections based on the home office use ordinance.
(n) 
There shall be an annual mercantile licensing fee to be set by the Borough.
(o) 
There shall be an annual tourism fee to be set by the Borough.
(p) 
Failure to comply with the requirements of this chapter will result in a fine of between $500, minimum, and $1,250, maximum.
(q) 
Each day the violation remains unabated shall constitute a separate violation.
(10) 
A pergola structure that shall not exceed 10 feet in height or 120 square feet in area.
(11) 
A gazebo structure that shall not exceed 12 feet in height or 120 square feet in area.
C. 
Conditional uses. The following uses may be permitted subject to the procedures outlined in Article VII, Conditional Uses, of this chapter, and the particular regulations pertaining to each use so cited:
(1) 
Churches and places of worship subject to the regulations set forth in § 450-35.
(2) 
Public, private or parochial schools not operated for profit subject to the regulations set forth in § 450-35.
(3) 
Bed-and-breakfasts subject to the requirements of § 450-36.
D. 
Area, yard and building requirements. The following standards are established hereafter and are further set forth in the Schedule of Height, Area and Yard Requirements of this chapter.
(1) 
Area, yard and building limitations:
(a) 
Minimum lot area: 5,000 square feet.
(b) 
Minimum lot width: 50 feet.
(c) 
Minimum lot depth: 100 feet.
(d) 
Minimum front yard: 15 feet and 25 feet. The front yard depth shall be a minimum of 15 feet on north-south streets and 25 feet on east-west streets or the minimum depth of any front yard within the block and fronting on the same street on which the structure fronts. When the prevailing setback of the existing buildings along a block front is less than the setback requirements, the front yard setback distance may be reduced to the average of front yard setbacks of principal structures on all developed properties on the same side of the street within 200 feet of the property as documented by a map prepared by a licensed land surveyor. The average depth of the principal structure will be from the front wall of the structure, provided that such setback is not less than 10 feet, not including front porches. Front porches shall also be averaged separately from the principal structures they are attached to within 200 feet on each side of the lot and within the same block front. In all cases, if front yard averaging is to be used for a new structure or expansion of an existing structure, a plan must be submitted by a licensed land surveyor showing the front yard setbacks of each property on the same side of the street within 200 feet of the property. Averaging plans cannot be reused.
(e) 
Minimum side yards: five feet and 10 feet. For lots not meeting the minimum lot width requirement, side yard setbacks shall be 10% and 20% of the existing lot width, with a minimum of four feet.
(f) 
Minimum rear yard: 25 feet.
(g) 
Maximum building coverage: 35%.
(h) 
Maximum impervious coverage: 60%.
(i) 
Minimum off-street parking: two spaces per dwelling unit.
(j) 
Minimum side yard (accessory structure): five feet.
(k) 
Minimum rear yard (accessory structure): five feet.
(l) 
Minimum distance from primary structure: 20 feet, except structures permitted on "deck, on grade" or "patio:" five feet.
(m) 
Maximum building area (accessory structure): 800 square feet.
(n) 
Maximum building height (accessory structure, excluding sheds): 15 feet, single story; 25 feet, two stories.
E. 
Supplementary regulations.
(1) 
Accessory uses permitted as per Subsection B(1), (2), (3), (4), (5), (7) and (8) are permitted only in the rear yard of lots and as further limited below:
(a) 
On all streets or avenues running in an easterly and westerly direction in the Borough, permitted accessory uses and associated structures listed in Subsection B(1), (2), (3), (4), (7) and (8) shall be erected or placed a minimum of 60 feet from the street line.
(b) 
On all streets or avenues running in an northerly and southerly direction in the Borough, permitted accessory uses and associated structures listed in B(1), (2), (3), (4), (7) and (8) shall be erected or placed a minimum of 30 feet from the street line.
(c) 
A living quarters on the second story of an accessory two-car garage shall require two off-street parking spaces in addition to those required for the single-family dwelling.
(2) 
The living space of single-family dwellings on lots 4,000 square feet or greater and at least 40 feet of frontage may be up to 2 1/2 stories or 35 feet in height, and the living space of single-family dwellings on lots that are either less than 4,000 square feet or less than 40 feet of frontage shall not exceed two stories and 27 feet in height. See § 450-12G for permitted improvements on undersized lots in a residential zone.
(3) 
The half story of single-family dwellings shall not be divided into more than two finished rooms, not including hallways, bathrooms and closets.
(4) 
Sleeping quarters shall not be permitted in the basement or cellar of any dwelling without proper fire egress.
(5) 
Unnatural and/or structural alterations to the topography of a property to achieve a greater peak elevation of a structure shall not be permitted.

§ 450-28 R-B Residential Beachfront Zone.

The intent of this zone is to utilize in the best manner the land adjacent to Bradley Beach's most unique and valuable natural resource
the beach and ocean.
A. 
Permitted principal uses.
(1) 
All uses permitted in the R-1 Residential Single-Family Zone, subject to the requirements and limitations of that zone.
(2) 
Two-family dwellings, subject to the requirements and limitations applicable to single-family dwellings.
B. 
Permitted accessory uses.
(1) 
For single-family dwellings:
(a) 
Same as those permitted in the R-1 Residential Single-Family Zone, subject to the requirements and limitations of that zone.
(2) 
For two-family dwellings:
(a) 
Same as those permitted in the R-1 Residential Single-Family Zone, subject to the requirements and limitations of that zone, except that garage apartments shall not be permitted on lots containing two-family dwellings.
C. 
Conditional uses.
(1) 
Same as § 450-26C(1) and (2).
(2) 
Bed-and-breakfasts subject to the requirements of § 450-36.
(3) 
Townhouses and garden apartments pursuant to § 450-37.1.
D. 
Area, yard and building requirements. The following standards are established hereafter and are further set forth in the Schedule of Height, Area and Yard Requirements of this chapter:
(1) 
For single-family and two-family dwellings:
(a) 
Area, yard and building limitations: same as § 450-26D and as further set forth in the Schedule of Height, Area and Yard Requirements.

§ 450-29 GB General Business Zone.

In the General Business Zone, no premises shall be used and no structure shall be erected, altered, or occupied for any purpose except the following and shall be further limited to those uses which are clearly of a scale and nature designed primarily to serve adjacent residential areas within a three-mile radius and which only incidentally serve other areas.
A. 
Permitted principal uses.
(1) 
Retail business establishments, including but not limited to the following:
(a) 
Stores selling groceries, meats and poultry, baked goods, and other such items.
(b) 
Drug and pharmaceutical stores.
(c) 
Hardware, dry goods, and household supply stores.
(d) 
Liquor stores.
(e) 
Stationery, tobacco and newspaper stores.
(f) 
Luncheonettes, delicatessens and confectionery stores.
(g) 
Haberdashery, apparel and shore stores.
(h) 
Restaurants, diners and other eating and drinking establishments.
(2) 
Personal service establishments, which shall include, but are not limited to, the following:
(a) 
Barber and beauty shops.
(b) 
Shoe repair shops.
(c) 
Tailor shops, dry-cleaning shops and self-service laundries.
(3) 
Business and professional offices, banks and fiduciary institutions, and post offices.
(4) 
Office buildings.
(5) 
Public parks and playgrounds.
(6) 
Municipal buildings and other public facilities providing services essential to the operation of the Borough, subject to the general review and recommendation by the Land Use Board.
(7) 
Residential on the second and third floors in combination with permitted retail business or personal service establishments on the first floor.
(8) 
Child-care centers.
B. 
Permitted accessory uses.
(1) 
Storage buildings and garages subject to requirements in the Schedule of Height, Area and Yard Requirements.
(2) 
Signs and awnings, subject to the requirements and limitations of Article X, Signs and Awnings.
(3) 
Parking lots and parking garages, limited to grade or first floor only. Parking garages should have retail space in front and should have architecturally false facades and require access from side streets where possible.
(4) 
Trash storage and recycling enclosures.
C. 
Conditional uses.
(1) 
Churches, lodges and similar quasi-public uses subject to the requirements and limitations in § 450-35.
(2) 
Telecommunications towers and antennas, subject to the requirements and limitations of § 450-37 and Article XI, Telecommunications Towers and Antennas.
(3) 
Townhouses subject to the requirements and limitations of § 450-27D(2).
D. 
Area, yard and building requirements. The following standards are established hereafter and are further set forth in the Schedule of Height, Area and Yard Requirements of this chapter.
(1) 
Area, yard and building limitations:
(a) 
Minimum lot area: 5,000 square feet.
(b) 
Minimum lot width: 50 feet.
(c) 
Minimum lot depth: 100 feet.
(d) 
Minimum front yard: none.
(e) 
Minimum side yards: none.
(f) 
Minimum rear yard: 10 feet.
(g) 
Maximum building height: 40 feet (three stories).
(h) 
Maximum building coverage: 90%.
(i) 
Maximum impervious coverage: 100%.
(j) 
Minimum off-street parking: per § 450-39.
(k) 
Minimum side yard (accessory structure): five feet.
(l) 
Minimum rear yard (accessory structure): five feet.
(m) 
Maximum building area (accessory structure): 120 square feet.
(n) 
Maximum building height (accessory structure): 16 feet (one story).
E. 
Supplementary regulations.
(1) 
Nothing shall be stored out-of-doors for any purpose except that garbage and trash or any other refuse awaiting disposal may be stored in a rear yard in a completely enclosed container.
(2) 
Persons establishing uses in this zone are encouraged to give particular attention to aesthetic considerations, especially in connection with structural design and the use of landscaping to soften building lines.

§ 450-29.1 GBW General Business West Zone.

In the General Business West Zone, no premises shall be used and no structure shall be erected, altered, or occupied for any purpose except the following and shall be further limited to those uses which are clearly of a scale and nature designed primarily to serve adjacent residential areas within a three-mile radius and which only incidentally serve other areas.
A. 
Permitted principal uses.
(1) 
Retail business establishments, including but not limited to the following:
(a) 
Permitted on the first floor only:
[1] 
Stores selling groceries, meats and poultry, baked goods, and other such items.
[2] 
Drug and pharmaceutical stores.
[3] 
Hardware, dry goods, and household supply stores.
[4] 
Liquor stores.
[5] 
Luncheonettes, delicatessens and confectionery stores.
(b) 
Permitted on the first and second floor only:
[1] 
Stationery, tobacco and newspaper stores.
[2] 
Haberdashery, apparel and shoe stores.
[3] 
Restaurants, diners and other eating and drinking establishments.
(2) 
Personal service establishments, which shall include, but are not limited to, the following are permitted on the first and second floors only:
(a) 
Barber and beauty shops.
(b) 
Shoe repair shops.
(c) 
Tailor shops, dry-cleaning shops and self-service laundries.
(3) 
Business and professional offices, banks and fiduciary institutions, and post offices are permitted on the first and second floors only.
(4) 
Office buildings are permitted on the first and second floors only.
(5) 
Public parks and playgrounds are permitted on the ground floor only.
(6) 
Municipal buildings and other public facilities providing services essential to the operation of the Borough, subject to the general review and recommendation by the Land Use Board, are permitted on the first and second floors only.
(7) 
Child-care centers are permitted on the first and second floors only.
(8) 
Residential on the second, third and fourth floors in combination with permitted retail business or personal service establishments on the first floor.
B. 
Permitted accessory uses.
(1) 
Storage buildings and garages subject to requirements in the Schedule of Height, Area and Yard Requirements.
(2) 
Signs and awnings, subject to the requirements and limitations of Article X, Signs and Awnings.
(3) 
Parking lots and parking garages, limited to grade or first floor only. Parking garages should have retail space in front and should have architecturally false facades and require access from side streets where possible.
(4) 
Trash storage and recycling enclosures.
C. 
Conditional uses.
(1) 
Churches, lodges and similar quasi-public uses subject to the requirements and limitations in § 450-35.
(2) 
Telecommunications towers and antennas, subject to the requirements and limitations of § 450-37 and Article XI, Telecommunications Towers and Antennas.
(3) 
Townhouses subject to the requirements and limitations of § 450-27D(2).
(4) 
Single family homes with frontage on the east-west streets applying the R-1 Zoning standards.
D. 
Area, yard and building requirements. The following standards are established hereafter and are further set forth in the Schedule of Height, Area and Yard Requirements of this chapter.
(1) 
Area, yard and building limitations:
(a) 
Minimum lot area: 5,000 square feet.
(b) 
Minimum lot width: 50 feet.
(c) 
Minimum lot depth: 100 feet.
(d) 
Minimum front yard: none.
(e) 
Minimum side yards: none.
(f) 
Minimum rear yard: 10 feet.
(g) 
Maximum building height: 48 feet (four stories).
(h) 
Maximum building coverage: 90%.
(i) 
Maximum impervious coverage: 100%.
(j) 
Minimum off-street parking: per § 450-39.
(k) 
Minimum side yard (accessory structure): five feet.
(l) 
Minimum rear yard (accessory structure): five feet.
(m) 
Maximum building area (accessory structure): 120 square feet.
(n) 
Maximum building height (accessory structure): 16 feet (one story).
E. 
Supplementary regulations.
(1) 
Nothing shall be stored out-of-doors for any purpose except that garbage and trash or any other refuse awaiting disposal may be stored in a rear yard in a completely enclosed container.
(2) 
Persons establishing uses in this zone are encouraged to give particular attention to aesthetic considerations, especially in connection with structural design and the use of landscaping to soften building lines.

§ 450-30 O-P Office Professional Zone.

A. 
Permitted principal uses.
(1) 
Professional and business offices, including offices for doctors, dentists, lawyers, architects, engineers, accountants, real estate and similar businesses or office activities employing a predominantly white-collar clerical staff, not engaged in retail or wholesale sales on the premises of any articles or products of a tangible nature and where no heavy or noisy machinery, equipment or instruments are utilized in the operation of the business.
(2) 
Apartments on the second and third floors in combination with permitted professional or business offices on the first floor.
(3) 
Public parks and playgrounds.
(4) 
Municipal buildings and other public facilities providing services essential to the operation of the Borough, subject to the general review and recommendation of the Land Use Board.
(5) 
Child-care centers.
(6) 
Personal service establishments, which shall include, but are not limited to, the following:
(a) 
Barber and beauty shops.
(b) 
Shoe repair shops.
(c) 
Tailor shops, dry-cleaning shops and self-service laundries.
B. 
Permitted accessory uses.
(1) 
Storage buildings and garages subject to the requirements in the Schedule of Height, Area and Yard Requirements.
(2) 
Signs and awnings, subject to the requirements and limitations of Article X, Signs and Awnings.
(3) 
Parking lots and parking garages.
(4) 
Trash storage and recycling enclosures.
C. 
Conditional uses.
(1) 
None.
D. 
Area, yard and building requirements. The following standards are established hereafter and are further set forth in the Schedule of Height, Area and Yard Requirements of this chapter:
(1) 
Minimum lot area: 5,000 square feet.
(2) 
Minimum lot width: 50 feet.
(3) 
Minimum lot depth: 100 feet.
(4) 
Minimum front yard: none.
(5) 
Minimum side yards: none.
(6) 
Minimum rear yard: 10 feet.
(7) 
Maximum building height: three stories, 36 feet.
(8) 
Maximum building coverage: 90%.
(9) 
Maximum impervious coverage: 100%.
(10) 
Minimum off-street parking: per § 450-39.
(11) 
Minimum side yard (accessory structure): five feet.
(12) 
Minimum rear yard (accessory structure): five feet.
(13) 
Maximum building area (accessory structure): 20 square feet.
(14) 
Maximum building height (accessory structure): 12 feet (one story).

§ 450-31 B-O-R Business, Office and Research Zone.

A. 
Permitted uses.
(1) 
All uses permitted in the GB General Business Zone and as further specified in § 450-29A.
(2) 
The manufacturing of products, provided that the process includes only the assembly of previously prepared or refined materials. No process shall include chemical reaction; the use of heat other than soldering or welding; any machinery, the operation of which will generate noise or vibration audible or otherwise perceptible at or beyond the property line on which the machinery is located.
(3) 
Research laboratories.
(4) 
Public parks and playgrounds.
(5) 
Municipal buildings and other public facilities providing services essential to the operation of the Borough, subject to general review and recommendation by the Land Use Board.
B. 
Permitted accessory uses.
(1) 
None.
C. 
Conditional uses.
(1) 
None.
D. 
Area, yard and building requirements. The following standards are established hereafter and are further set forth in the Schedule of Height, Area and Yard Requirements of this chapter:
(1) 
Commercial uses permitted as per § 450-31A(1), as specified in § 450-29D of this chapter for GB General Business Zone.
(2) 
All other uses permitted in the zone.
(a) 
Minimum lot area: 20,000 square feet.
(b) 
Minimum lot width: 100 feet.
(c) 
Minimum lot depth: 100 feet.
(d) 
Minimum front yard: 10 feet.
(e) 
Minimum side yards: 10 feet.
(f) 
Minimum rear yard: 10 feet and 14 feet.
(g) 
Maximum building height: three stories, 36 feet.
(h) 
Maximum building coverage: 50%.
(i) 
Maximum impervious coverage: 80%.
(j) 
Minimum off-street parking: per § 450-39.
(k) 
Minimum side yard (accessory structure): five feet.
(l) 
Minimum rear yard (accessory structure): five feet.
(m) 
Maximum building area (accessory structure): 120 square feet.
(n) 
Maximum building height (accessory structure): 12 feet (one story).
E. 
Supplementary regulations.
(1) 
There shall be no out-of-doors storage or display except that garbage and trash awaiting collection may be stored in rear yard areas in a completely enclosed container.
(2) 
Where the office-research zone abuts a residential area, a minimum thirty-foot buffer must be established.