Brick Township City Zoning Code
ARTICLE XXXII
Conditional Uses
§ 245-279 Establishment of standards and procedures.
The following conditional uses subject to the use limitations imposed by Part 2 of this chapter are permitted under the terms and specifications herein set forth. The necessity for certain specific uses 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.
§ 245-280 Standards established as guide for review of applications.
These standards are intended to provide the Planning Board with a guide for the purpose of reviewing applications for conditional uses as provided for by Part 2 of this chapter. In reviewing an application, the Planning Board may act on site plans submitted to it or may suggest modifications and changes. In approving an application, the Planning Board may require, in addition to features specified, such other features or designs in keeping with the intent thereof that will further the purpose of these standards and regulations. Such features shall be provided and maintained as a condition of the establishment and maintenance of any use to which they are a condition of approval. The Planning Board shall decide each application in accordance with the procedure provided for the issuance of conditional use permits in this article. Each applicant shall submit plans in accordance with Part 4, Site Plan Review.
§ 245-281 Public utilities. [1]
Public utility uses, such as high-voltage transmission lines, towers and substations, sewage pumping stations, wells, sewage treatment plants, but no service or storage yards, may be permitted in an R-R, B-1, B-2 or B-3 Zone, and service or storage yards in the M-1 Zone, provided that:
A.
A set of plans, specifications and plot plans and a statement setting forth the need and purpose of the installation are filed with the Planning Board by the applicant in triplicate.
B.
Proof is furnished to the Planning Board that the proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.
C.
The design of any building utilized in connection with such facility conforms to the general character of the area and shall in no way adversely affect the safe and comfortable enjoyment of property rights in the area and zone in which it is located.
D.
Adequate and attractive fences and other safety devices will be provided, and sufficient landscaping, including shrubs, trees and lawn, shall be provided and periodically maintained.
§ 245-282 Philanthropic or charitable uses.
Philanthropic or charitable structures, except correctional institutions, may be permitted, provided that the following standards and conditions are complied with:
A.
A set of plans, specifications and site plans and a statement setting forth full particulars on the operation of the structure or use are filed with the Planning Board, in triplicate, by the applicant.
B.
The lot upon which such use is proposed shall conform to the following standards and requirements:
(1)
Minimum lot area: five acres.
(2)
Minimum front, rear and side yard areas: 100 feet.
(3)
Maximum lot coverage: 25%.
(4)
Off-street parking space shall be required in accordance with the following standards:
(a)
Philanthropic and eleemosynary uses: one space for each 400 square feet of gross floor area.
(5)
The proposed use will in no way be detrimental to the surrounding property rights, and the structure or use proposed will serve a useful purpose in the Township and otherwise promote the general welfare of its residents.
§ 245-283 Quasi-public buildings and recreation areas.
[Amended 6-15-2010 by Ord. No. 31-10]
Quasi-public buildings and recreation areas, including clubhouses, parks and playgrounds, golf courses, tennis courts and such other activities operated by nonprofit membership organizations, may be permitted in the R-R and R-M Zones, provided that the following standards and conditions are complied with:
A.
A set of plans, specifications and site plans, a statement setting forth the full particulars of the operation of the use and the total number of proposed charter members shall be filed with the Planning Board in triplicate.
B.
It is ascertained by the Planning Board that the proposed use is a bona fide nonprofit organization operated solely for the recreation and enjoyment of the members of said organization.
C.
It is ascertained by the Planning Board that the proposed use in the proposed location will not adversely affect the safe and comfortable enjoyment of property rights or otherwise adversely affect the value of adjacent properties, that the design of any structures erected in connection with such use is in keeping with the general character of the area and that sufficient landscaping, including trees, shrubs and lawns, is provided to serve as a buffer, as required by Part 2 of this chapter, between said use and adjoining residential properties and to ensure an attractive appearance for the use.
D.
The property proposed to be occupied by such use shall have a minimum lot area of five acres. Not more than 20% of the land area shall be occupied by the buildings and structures.
E.
No building, structure or active recreation facilities shall be located within 100 feet of an adjacent residential property line.
F.
The maximum membership limit of said organization shall be fixed at the time of application and shall be commensurate with the amount of land to be used and the exact nature of the use. No further expansion of said membership shall be made unless supplemental approval is granted by the Planning Board. The Board may require additional parking and land area under the standards listed in Subsection G. below and such further stipulations as may be deemed necessary for the full protection of the health, safety, welfare and property rights of the citizens of Brick Township.
G.
Off-street parking space shall be provided at a ratio of one space for each two memberships permitted under the terms of the conditional use.
§ 245-284 Gasoline filling stations.
[Amended 5-27-2008 by Ord. No. 25-08]
A gasoline filling station shall be permitted in a B-3 or B-4 Zone, provided that the following standards and conditions are complied with:
A.
Plans, specifications and site plans shall be filed with the Planning Board in accordance with Part 4, Site Plan Review.
B.
The proposed use shall be located on a lot of not less than 1 1/2 acres in any zone.
C.
All filling pumps and structures shall be located at least 35 feet from the front property line and side and rear property lines and at least 100 feet from the boundary of a residential use or zone.
D.
All other regulations for the zoning district in which the use is to be located shall be complied with.
E.
The proposed use shall in no way be detrimental to the health, safety and general welfare of the Township.
§ 245-285 Planned industrial park.
In order to provide for industrial uses and establishments which do not need a minimum floor area as great as that required for permitted uses, a planned complex of such uses may be established in the M-1 Zone, provided that:
A.
No use or activity not ordinarily permitted in the M-1 Zone is permitted in an industrial park therein.
B.
The minimum lot area prior to subdivision shall be at least 10 acres, and the minimum lot area after subdivision shall be at least 40,000 square feet.
C.
The following area, yard and building requirements shall apply:
D.
Parking area shall be provided for each employee on the maximum work shift. The parking areas shall be off-street and located in the rear or side yard areas as required by Part 2 of this chapter, provided that said parking area shall be at least 50 feet from any street line or the boundary of any residential zone. Each parking space shall be 10 feet wide and 20 feet long. Ingress and egress shall be provided by not more than two driveways, each not less than 20 feet in length and not more than 30 feet in width. No driveway shall be located within 200 feet of the intersection of two public streets or within 100 feet of any existing driveway or private street.
E.
Each use located in the industrial park zone shall provide truck loading and unloading facilities on the same lot, provided that the same may not be located in the front yard area so as to permit the transfer of goods in an area other than on a public street or in the front yard area.
F.
All industrial park activities or processing shall take place within an enclosed building. Incidental storage shall be permitted out of doors, provided that the same are shielded from any public street or adjacent residential zones by fencing, landscaping or other appropriate measures.
H.
All uses permitted in the industrial park shall comply with the performance standards for industrial uses as outlined in Part 2 of this chapter.
I.
Outdoor storage.
(1)
No flammable or explosive liquids, solids or gases shall be stored in bulk above ground; provided, however, that tanks or drums of fuel directly connecting with energy devices, heating devices or appliances located on the same lot as the tanks or drums of fuel are excluded from this provision.
(2)
All outdoor storage facilities for fuel, raw materials and products stored outdoors shall be enclosed by a fence adequate to conceal the facilities from any adjacent properties.
(3)
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.
J.
All installations relating to water and disposal of sewage shall be installed in accordance with the rules and regulations of the Brick Township Municipal Utilities Authority.
K.
Signs. One freestanding sign of not more than 60 square feet in area may be erected, identifying the industrial park and the availability of land or buildings therein for lease or other occupancy. The sign may have an area of not more than 100 square feet if it also identifies current occupants, or one additional freestanding sign identifying occupants may be permitted: provided however, that the combined area of the signs may not exceed 100 square feet. Signs shall not be located within 30 feet of any public street. The signs may be illuminated and shall not exceed the permitted height of the principal buildings.
L.
All other standards providing for regulations in the M-1 Zone in which said industrial park is located and not modified by the provisions pertaining to a planned industrial park as established herein shall be complied with.
§ 245-286 Commercial recreation uses and activities.
[Amended 6-3-1991 by Ord. No. 354-2K-91]
A.
Commercial recreation uses and activities may be permitted in the B-1, B-2, B-3 and B-4 Zones, provided that the following standards and conditions are complied with:
(1)
A set of plans, specifications and plat plans is submitted to the Planning Board showing the proposed structures and use areas, parking areas, driveways and buffer areas, and including a statement setting forth the particulars of the proposed operation of the use.
(2)
The proposed use shall comply with all yard and area requirements for the B-1, B-2, B-3 and B-4 Zones enumerated in Part 2 of this chapter.
(4)
Means of ingress and egress for the parking areas shall be limited to the minimum required to properly handle the volume of traffic anticipated to be attracted by the use.
(7)
The proposed use shall in no way be detrimental to the health, safety or general welfare of the Township, nor shall it result in a depression of any established property values in the general area.
B.
Outdoor commercial recreation uses and activities may be permitted in a B-2, B-3 and B-4 Zone, provided that all of the conditions of Subsection A are complied with.[1]
[1]
Editor's Note: Original § 190-151, Marinas and boatyards, which immediately followed this section, was repealed 6-11-2001 by Ord. No. 354-2II-01..
§ 245-287 Marina Overlay Zone.
[Amended 6-11-2001 by Ord. No. 354-2II-01; 3-23-2004 by Ord. No. 354-2A-04; 4-19-2005 by Ord. No. 354-2F-05]
A.
Purpose. The purpose of the Marina Overlay Zone is to recognize and encourage the continued existing resource of marinas within the Township of Brick as a conditional use within all zones. Marinas are encouraged to provide water dependent uses such as boat slips, docks, upland boat storage, bait and tackle shops and maintenance facilities and dock master's quarters.
B.
Applicability. Marinas shall be a conditional use in all zones provided that the following conditions and requirements are complied with:
(1)
The marinas shall be located on a lot of not less than one acre:
(2)
Marinas shall contain one or more of the defined uses established in § 245-3; provided, however, that no residential development other than a dock master's quarters and/or one single-family dwelling shall be permitted.
(3)
A maximum ridge height of 48 feet shall be permitted for a building in a marina, provided that the building is utilized for marina-related purposes such as, boat storage, maintenance or repairs and further provided that the marina is located in a Business Zone.
§ 245-288 Motels.
The resort and recreational aspects of Brick Township make it desirable to permit the development of motels within the Township of Brick in the B-3 Zone. However, since such a development could be inimical to the safety and general welfare of the community if not properly located and designed with due consideration to surrounding properties, motels may be allowed only upon application to and approval of the Planning Board of the Township of Brick and issuance of a conditional use permit. The following standards shall apply to all such applications:
A.
A detailed plan shall be submitted to the Planning Board of the Township of Brick in accordance with Part 4, Site Plan Review, of this chapter.
B.
Accessory uses may be permitted on the same lot as the motel and may include a swimming pool, motel office, eating facilities for the guests and permanent living quarters for one family.
C.
Minimum lot area shall be two acres.
D.
Minimum lot width and depth shall be 200 feet each.
F.
Minimum off-street parking shall be one space for each rental unit, one space for each four restaurant seats and one space for each two employees.
[Amended 6-26-1979 by Ord. No. 354-2B-79]
G.
One rentable motel room may be permitted for every 700 square feet of usable lot area.
H.
Access. The Planning Board of the Township of Brick may permit as many access roads onto any public road(s) as it deems necessary, except that no access road shall exceed 24 feet in width at the point where it intersects with a public road.
I.
Any motel unit or any swimming pool within 100 feet of an adjacent property, other than a street or navigable waterway, shall not face on that property unless the unit is sufficiently buffered or concealed from the adjacent property.
J.
Minimum number of units shall be 20.
K.
Sewage treatment facilities shall be provided according to standards established by the Brick Township Utilities Authority.
L.
Signs. Signs for the purpose of identification and advertising may be permitted subject to the sign regulations for the B-3 Zone.
M.
Buffer strips of evergreen planting and/or screen fencing may be required if necessary to protect adjacent property from any detrimental effects which could be caused by off-street parking or any other activity.
§ 245-289 Automobile salesrooms.
Automobile salesrooms shall be permitted in the B-3 Highway Development Zone, provided that the following conditions are met:
A.
Minimum lot area shall be two acres.
B.
Minimum frontage shall be 150 feet.
C.
Inventory shall not be stored closer than 20 feet to a right-of-way line.
D.
Inventory may not be stored closer than 10 feet to a side yard or rear yard line.
E.
Bay entrances shall be from the rear or side of the building.
[Amended 6-26-1979 by Ord. No. 354-2B-79]
F.
If adjacent to a residential zone, a buffer area shall be provided in accordance with the buffer requirements of the B-3 Zone.
[Amended 6-26-1979 by Ord. No. 354-2B-79]
G.
The facility shall comply with all other applicable B-3 Zone requirements.
§ 245-290 Ambulatory care centers.
[Added 4-22-1980 by Ord. No. 354-2H-80; amended 10-14-1980 by Ord. No. 354-2N-80]
Ambulatory care centers shall be permitted in the Office-Professional-Transitional Zone, provided that the standards of site plan approval are met and that the following standards and conditions are complied with:
A.
The ambulatory care center shall be constructed on a site consisting of not less than four acres, which shall not be further subdivided.
B.
The ambulatory care center shall be located on a lot having a minimum frontage of 300 feet on a street classified as a principal or minor arterial as shown in the adopted Master Plan of Brick Township dated April 28, 1976.
C.
The ambulatory care center shall be constructed and operated in compliance with all pertinent state and federal laws and regulations, and nothing in this chapter shall be construed or interpreted so as to waive or violate any of said laws or regulations.
D.
A certificate of need must be obtained from the State of New Jersey prior to consideration of the application by the municipality.
E.
The facility shall not provide for overnight patient care.
§ 245-291 Shopping centers.
[Added 6-24-1980 by Ord. No. 354-2K-80]
A.
The lot upon which a shopping center is proposed shall conform to the following standards and requirements:
(1)
Minimum lot area: five acres.
(2)
Minimum lot width: 300 feet.
(3)
Minimum front yard area: 100 feet.
(4)
Minimum rear and side yard areas: 50 feet.
(5)
Maximum lot coverage: 30%.
(6)
Minimum building area: 50,000 square feet.
(7)
Off-street parking space shall be required in accordance with the following standards:
(a)
At least five spaces for each 1,000 square feet of gross floor area or fraction thereof for shopping centers having less than 100,000 square feet of gross floor area.
(b)
In shopping centers containing more than 100,000 square feet of gross floor area, four spaces for each 1,000 square feet of gross floor area or fraction thereof shall be required.
B.
The site plan shall be accompanied by a market analysis providing the need for the center and carried out by an individual or firm experienced and recognized in this field. It shall include the following:
(1)
Delineating of the trade area of the proposed center.
(2)
The existing and projected population of the trade area.
(3)
Determination of effective buying power in the trade area.
(4)
The amount and percentage of buying power in the trade area allocated to the proposed shopping center.
(5)
The amount and percentage of buying power in the proposed trade area which will be expended in the existing commercial area.
C.
The site plan shall be accompanied by a time schedule indicating when the various stages of construction will be initiated after final approval.
D.
The site plan shall be accompanied by a traffic study prepared by a licensed professional engineer traffic consultant indicating the impact which the center will have on surrounding roads. It shall include the following elements:
(1)
Estimated peak hourly traffic to be generated by the center.
(2)
Assignment of estimated peak hourly traffic by percentage and volume to surrounding roads.
(3)
Determination of unused capacity of surrounding roads during peak hours.
(4)
Recommendations for necessary road improvements such as acceleration and deceleration lanes and traffic control devices recommended for public roads or highways surrounding the site.
E.
If the proposed use is near or adjacent to a residential zone, a buffer area of at least 50 feet in width, but not to exceed 100 feet in width, shall be established in accordance with the provisions of Part 4, the Site Plan Review, of this chapter. Said buffer area shall be sufficient to shield adjacent areas from parking lot illumination and headlights and to diminish the visual encroachment on residential privacy and residential neighborhood character.
F.
Any part of the shopping center not used for structures, loading, parking, accessways or pedestrian walks shall be landscaped with grass, trees and shrubs.
§ 245-292 Miniwarehouses.
[Added 7-20-1982 by Ord. No. 354-2OO-82]
A.
Miniwarehouses shall be permitted in the B-3 Highway Development Zone so long as the following conditions are met:
(1)
Along all property lines which abut commercial zones or uses, the minimum side yard and rear yard setbacks shall be 50 feet, with a landscape buffer 35 feet wide measured from the property line inward, allowing 15 feet of clear space adjacent to each building having either an access aisle or firebreak.
(2)
Along all property lines which abut residential zones or uses, the minimum side yard and rear yard setbacks shall be 75 feet, with a landscape buffer 60 feet wide measured from the property line inward, allowing 15 feet of clear space adjacent to each building for either an access aisle or firebreak.
(3)
Along all property lines, the minimum front yard setbacks shall remain at 75 feet, with a landscape buffer 60 feet wide measured from the property line inward, allowing 15 feet of clear space adjacent to each building for either an access aisle or firebreak.
(4)
No substance defined as hazardous or toxic under any federal, state or local law or regulation shall be stored in the proposed building or structure.
(5)
All other requirements of the B-3 Zone, including but not limited to area and building requirements, are complied with.
B.
If it is determined that strict application of the landscape buffer requirements aforesaid are not warranted, based upon a finding that, due to the nature of the adjoining use, the same shall not be unduly disrupted or interfered with by the proposed use, then the Planning Board may waive said landscaping requirements.
§ 245-293 Planned medical support centers.
[Added 11-5-1984 by Ord. No. 354-2AAA-84]
The following uses are defined as conditional uses and may be permitted in the H-S Zone, subject to the requirements as set forth within this section and Article XXX, § 245-261 et seq., of this chapter:
A.
Planned Medical Support Center PMSC-5. The following shall be permitted additional uses in combination with one or several uses listed in § 245-261. The additional uses shall not constitute more than 50% of the minimum building area.
B.
Planned Medical Support Center PMSC-10. The following shall be permitted additional uses in combination with one or several uses listed in § 245-261. The additional uses shall not constitute more than 50% of the minimum building area.
C.
The following area, yard and building requirements shall apply to PMSC-5 and PMSC-10 uses as conditional uses in the H-S Zone:
Hospital Support Zone Requirement | PMSC-5 | PMSC-10 | ||
|---|---|---|---|---|
Minimum size of lot | 5 acres | 10 acres | ||
Minimum width | 300 feet | 400 feet | ||
Minimum depth | 400 feet | 500 feet | ||
Minimum yard requirement for principal building: | ||||
Front yard | 75 feet | 75 feet | ||
Side yard | 30 feet | 30 feet | ||
Rear yard | 50 feet | 50 feet | ||
Accessory building: | ||||
Side | 20 feet | 20 feet | ||
Rear | 50 feet | 50 feet | ||
Maximum lot coverage by building | 30% | 30% | ||
Total impervious surface, including buildings | 70% | 70% | ||
Minimum floor area | 20,000 square feet | 40,000 square feet | ||
Maximum height | 35 feet | 35 feet | ||
D.
Maximum height range limitations, provided that the following setbacks are met for the portion of the building exceeding the thirty-five-foot limitations:
(1)
PMSC-5: 45 feet if 150 feet from front property line and 100 feet from side and rear property lines.
(2)
PMSC-10: 45 feet if 150 feet from front property line and 100 feet from side and rear property lines; 65 feet if 200 feet from front property line and 150 feet from side and rear property lines.
§ 245-294 Single-family dwelling units.
[Added 1-24-1989 by Ord. No. 354-2A-89]
Single-family dwelling units shall be permitted in the R-R-2 and R-R-3 zones, provided that the following conditions are met:
A.
The net density shall not exceed 1.5 dwelling units per buildable acre. Buildable land includes all land that can be built upon under current federal, state, county and local regulations.
B.
All lots which are to contain a single-family dwelling shall minimally meet all the requirements of the R-10 Zone.
C.
If open space is proposed which is not part of a building lot, the following shall apply:
(1)
Minimum open space area: five contiguous acres.
(2)
Ownership. The type of ownership shall be selected by owner, developer or subdivider subject to the approval of the Planning Board and may include the following:
(4)
Open space is to be either left in its natural state or used for recreational or other public purposes. If the intent is to be used for either passive or active recreation, appropriate access must be ensured.
(5)
All open spaces shall be free of litter and other debris and protected from future illegal dumping by either a dense vegetative barrier consisting of evergreen trees of sufficient width to prevent vehicular access or a physical barrier such as guardrail or decorative fence.
§ 245-295 Additional requirements for single-family dwelling units.
[Added 1-24-1989 by Ord. No. 354-2A-89]
Single-family dwelling units shall be permitted in the R-R-2 and R-R-3 Zones, provided that the following conditions are met:
B.
Density.
(1)
Densities on any one tract can be increased to a maximum of 2.5 dwelling units per buildable acre, provided that additional buildable lands from the following list of parcels are perpetually protected as open space by either a conservation easement with a deed restriction or a dedication to a public agency with an appropriate deed restriction:
(a)
Block 68: Lot 47, and that portion of Lot 50 zoned R-R as of the date of adoption of this section.
(b)
Block 194: through Lots 15 through 17, 30 and 32.
(c)
Block 195: through Lots 2, 2:A, 5 through 10, 17, 18 and 21 through 26.
(d)
Block 196: through Lots 1 through 7, 9, 10 and 14 through 16.
(e)
Block 757: through Lots 5 through 8.
(f)
Block 1212: through Lots 2 through 6.
(g)
Block 1386: through Lots 4 and 22.
(h)
Block 1447: Lot 3.
(2)
The gross density of any one development, consisting of the area to be preserved and the area to build upon, shall not exceed 1.5 dwelling units per buildable acres.
C.
In addition to the lots aforesaid, the Planning Board may designate other upland areas in the R-R-1 Zone for preservation under this section to provide for such increased density. Any such area shall be unimproved, privately owned and buildable based on current federal, state, county and local regulations at the time of application.
§ 245-296 Places of assembly.
[Added 12-31-1990 by Ord. No. 354-2J-90; amended 2-23-2010 by Ord. No. 3-10; 4-19-2011 by Ord. No. 13-11]
Places of assembly shall include but are not limited to houses of worship, churches, synagogues, meeting halls, civic clubs, auditoriums, theatres, community centers, stadiums and union halls. Places of assembly may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structure shall adhere to the following:
A.
The required minimum lot area shall be two acres.
B.
The required minimum lot width shall be 200 feet.
C.
The required minimum lot frontage shall be 200 feet.
D.
No principal building shall be located closer than 40 feet to any public street right-of-way and no closer than 25 feet to any rear or side property line.
E.
No accessory building or structure shall be permitted in any front yard in the underlying zone, nor shall any accessory building or structure be located closer than 20 feet to any rear or side property line.
F.
The maximum permitted building coverage shall be 30%.
G.
The maximum impervious lot coverage shall be 70%.
H.
The height of structures to be constructed may exceed the maximum height requirements of § 245-299; provided, however, that the front, rear and side yard requirements set forth above shall be increased by one foot for each foot by which the height of the structure exceeds the maximum height which would be otherwise permitted by this chapter, and further provided that in no case shall any proposed structure exceed 50 feet in height in accordance with § 245-299.
I.
Places of assembly that have been constructed or converted to such a use subsequent to the effective date of this section shall not have their primary frontage or access on any lower order street, as defined by the residential site improvement standards.
J.
Buffer requirements.
M.
Accessory uses to the primary use of the site shall comply with all requirements of the underlying zone accessory use regulations.
[Added 5-7-2013 by Ord. No. 15-13]
(1)
Temporary encampment accessory use.
(a)
A temporary encampment is allowed as an accessory use on a site in any zone, if the established principal use of the site is as a place of assembly.
(b)
The temporary encampment operator shall comply with the following provisions:
[1]
Must be a verified participant in FEMA’s Long-Term Community Recovery Program.
[2]
Keep the site free of litter and garbage.
[3]
Observe all health-related requirements made by the Ocean County Health Department.
[4]
Allow officials of FEMA, Ocean County Health Department, the Brick Bureau of Fire Safety, the Construction Department and the Code Enforcement Officer to inspect areas of the encampment upon due notice to determine compliance with these standards.
[5]
All applicable state, county and local permits will be required prior to the issuance of a certificate of occupancy.
[6]
Prior to occupancy all inspections must be conducted, and a certificate issued by the Construction Official, establishing compliance with the Uniform Construction Code, the Uniform Fire Code and any other state, county or local authority having jurisdiction.
[7]
A site inspection by a Code Enforcement Officer is required prior to commencing encampment operations.
(c)
The temporary encampment operator shall require registration of all volunteers temporarily residing at its facility. The operator shall provide registrant information to the Township Clerk within 48 hours of receipt of a new resident. The required registrant information shall be as follows:
[1]
The name and physical description of the volunteer.
[2]
The complete permanent and local address of the volunteer.
[3]
The length of time the volunteer intends to reside in the temporary encampment.
[4]
A recent photograph of the volunteer.
[5]
A copy of the volunteer’s driver’s license or other government-issued identification.
(d)
Termination date. The validity of a temporary encampment accessory use to a place of assembly shall expire on December 31, 2018.
[Amended 12-30-2014 by Ord. No. 36-14; 2-9-2016 by Ord. No. 1-16; 2-7-2017 by Ord. No. 2-17; 3-27-2018 by Ord. No. 7-18]
N.
Applicability of remainder of Code. Places of assembly must comply with all applicable standards and regulations established by the Code of the Township, except to those standards and regulations specifically addressed by this section.
§ 245-297 Conversion of nonresidential areas to affordable housing space in existing multifamily structures.
[Added 3-9-1993 by Ord. No. 354-2A-93]
Conversion of nonresidential areas to affordable housing in existing multifamily structures shall be permitted in R-M Residential Multifamily Zones, provided that:
A.
One housing unit per structure can be created as an affordable unit within an existing multifamily structure through conversion of a nonresidential area, such as utility/storage area, to one two-bedroom affordable housing unit. All units shall be two-bedroom units.
B.
Such conversion shall not expand the building area of any existing building and does not require the construction of any new buildings.
C.
The total number of conversion units shall be limited to the number included in the Housing Element and Fair Share Plan as approved by the Township and granted substantive certification by the New Jersey Council on Affordable Housing.
D.
It is subject to an execution of a developer's agreement with the Township of Brick and approved by the Council on Affordable Housing and placed on file with the Brick Township Clerk requiring affordability controls on the conversion units as established by the New Jersey Council on Affordable Housing.
F.
The density of the existing multifamily development in which the conversions occur shall be increased only to the extent that affordable housing units are created within the designated development by the adopted Housing Plan and Fair Share Plan of the Township of Brick.
§ 245-298 Scattered-site affordable housing units.
[Added 3-9-1993 by Ord. No. 354-2A-93; amended 11-5-2012 by Ord. No. 34-12]
Scattered-site affordable housing units shall be permitted in all residential and the B-1 and B-2 commercial zones, provided that:
A.
The site is approved by the Township Council by resolution.
B.
The dwelling units are single-family detached units.
C.
The site shall meet the area, yard and building requirements which conform to the zone in which the site is located. No site plan or variance approval shall be required.
D.
The developer is a not-for-profit corporation.
E.
The housing unit shall be utilized and legally restricted to affordable housing in accordance with the provisions of N.J.A.C. 5:94 and 5:95 et seq.
§ 245-298.1 (Reserved) [1]
[1]
Editor's Note: Former § 245-298.1, Mixed Use Overlay Zone, added 7-24-2007 by Ord. No. 33-07 and amended 2-3-2015 by Ord. No. 2-15 was repealed 10-9-2018 by Ord. No. 20-18.
§ 245-298.2 Public and private schools not conducted as businesses.
[Added 4-15-2014 by Ord. No. 9-14]
Public schools and private schools which are not conducted as a business shall be permitted as a conditional use in R-20, R-15, R-10, R-7.5 and R-5 Zones, provided that the lot, use and structure shall adhere to the following:
B.
The required minimum lot width shall be 200 feet.
C.
The required minimum lot frontage shall be 200 feet.
D.
No principal building shall be located closer than 40 feet to any public street or right-of-way and no closer than 40 feet to any rear or side property line.
E.
No accessory building or structure shall be permitted in any front yard in the underlying zone, nor shall any accessory building or structure be located closer than 20 feet to any rear or side property line.
F.
The maximum permitted building coverage shall be 30%.
G.
The maximum impervious lot coverage shall be 70%.
I.
All private or public schools that have been constructed or occupied to such a use subsequent to the effective date of this section shall not have their primary frontage or access on any lower order street, as defined by the New Jersey Residential Site Improvement Standards.
J.
Buffer requirement.
(1)
Perimeter buffer. A landscape buffer shall be required around the entire length of side and rear property lines. A minimum of 30 feet to all residential uses must be provided.
L.
Parking requirements for the use shall comply with Article XXXV, § 245-311, for parking, loading, vehicular access and locational requirements, and shall include parking for the proposed use and all accessory uses associated with the principal use of the site. Public and private school parking requirements are as follows:
M.
The public or private school shall meet the locational requirements of N.J.S.A. 33:1-76, as may be amended.
§ 245-298.3 Beach cottage community conditional use.
[Added 3-27-2018 by Ord. No. 8-18]
A beach cottage development shall be permitted as a conditional use on the following parcels, provided that the lot, use and structure adhere to the following: Block 25, Lot 4; Block 26, Lot 4; and Block 36, Lots 13, 18 and 24.
A.
Purpose.
(1)
This section replaces the Beach Cottage Community Zone (§ 245-144B). The purpose of this overlay zone is to provide a mechanism by which parcels within the Camp Osborn portion of the Township that were devastated by Super Storm Sandy in 2012 can be reconstructed to exhibit the best qualities of the beach community while meeting current building, fire and flood standards to safeguard the community from future storm-related casualty. The existing zoning (R-7.5) does not reflect the historic character of Camp Osborn, thus an overlay recognizing Camp Osborn's qualities is a zoning alternative for this area. Camp Osborn is characterized by three distinct communities, each unique to itself yet bound by a common element of quaint, livable, ocean-oriented presence. The three distinct areas of Camp Osborn, Block 25, Lot 4 (the Bay); Block 26, Lot 4 (the Median); and Block 36, Lots 13, 18 and 24 (the Ocean) — each will be addressed separately as their respective parcels require unique solutions. This overlay sets forth the standards which are intended to provide the approving authority with a guide for the purpose of reviewing applications for proposed reconstruction. In reviewing an application, the approving authority may act on site plans submitted to it or may suggest modifications or changes. In approving an application, the approving authority may require such other features or designs in keeping with the intent thereof that will further the purpose of these standards and regulations. The approving authority shall decide each application in accordance with the standards set forth in this chapter.
(2)
Camp Osborn was historically characterized by a diverse and eclectic grouping of beach cottages. The beach cottages were situated as multiple principal structures. Under § 245-14, one principal building per lot was permitted: "No residential lot shall have erected upon it more than one principal building, except as otherwise provided in Part 2 of this chapter." The original configuration appears to have predated local zoning. This overlay zone will permit the continuation of this development pattern, i.e., multiple structures on a single lot, so long as the community continues to be governed by a central board. Since 1999, the property was subjected to the condominium form of ownership by way of the recordation of two master deeds in the Ocean County Clerk's office creating 87 condominium units. This form of ownership continues to this date.
(3)
Once the community is reconstructed, residential structures will be permitted to be expanded, added to or enlarged only under the zoning provisions provided herein. If an applicant wishes to expand, add or enlarge the square footage of a structure that exceeds the standards provided in this overlay zone, the applicant will need to seek a variance before the approving authority to do so.
(4)
Each residential dwelling unit shall be elevated in order to meet or exceed floodplain requirements.
(5)
Staircases, decks, porches and other attached structures shall not extend outside of the building structure footprint if the result would be the creation of a separation of less than 10 feet between structures. If a residential dwelling structure is less than 15 feet in width, there may be structures attached to the building structure, provided that the combined side and the rear yard structure separations are not less than eight feet in the Bay Area and five feet in the Median Area. This restriction shall not apply to any residential dwelling for which there is a validly existing approval by the approving authority as of the date of the adoption of this section.
(6)
As multiple structures are proposed on parcels listed, setbacks will be measured from streets, property lines, common roadways or as spacing between structures, where appropriate.
B.
Permitted uses. The following are permitted uses in the Camp Osborn Overlay District:
(1)
Detached single-family residential units.
(2)
Duplex dwellings.
(3)
The following shall be permitted anywhere within the Camp Osborn Overlay District:
(a)
Municipal parks, playgrounds and other municipal buildings and uses as are deemed appropriate and established by the Township Council. The minimum land area shall not be less than 1/2 acre.
(b)
Other public buildings of a governmental, community or cultural nature.
(c)
Condominium-owned parking lots.
(d)
Decks and porches attached to the principal structure are permitted as otherwise provided in this section.
C.
Accessory uses permitted throughout the Camp Osborn Overlay District:
(2)
At-grade patios, concrete walks and pavers are permitted within setback limits.
(3)
Storage is permitted under structures that have been elevated to meet floodplain elevation; however, these areas are required to be secured as to prevent hazardous conditions during flooding and may not impede required parking areas.
D.
Area, yard and building requirements.
(1)
Bay Area (Block 25, Lot 4).
(a)
Detached single-family residential units.
[1]
Front yard setback: zero feet for the principal structure from Marion Street; three feet required for any egress point.
[2]
Setback from all parcel perimeter boundaries: five feet minimum.
[3]
Building separation, side to side: a minimum five-foot separation between buildings.
[4]
Maximum density: 25 units/acre.
[5]
Maximum height:
(b)
Duplex units.
[1]
Front yard setback: a minimum of five feet from the New Jersey Route 35 right-of-way.
[2]
Front yard setback (interior roads): zero feet for the principal structure from West Marion Street; three feet required for any egress point.
[3]
Building separation, side to side: a minimum ten-foot separation between buildings.
[4]
Building setback, rear to rear: a minimum ten-foot separation between buildings.
[5]
Side yard setback at perimeter boundaries: five feet.
[6]
Rear yard setback at perimeter boundaries: five feet.
[7]
Maximum density: 25 units/acre.
[8]
Maximum height:
(2)
Median Area (Block 26, Lot 4).
(a)
Detached single-family residential units.
[1]
Front yard setback: zero feet for principal structure from Marion Street; three feet required for any egress point.
[2]
Setback from all parcel perimeter boundaries: five feet minimum.
[3]
Building separation, side to side: a minimum eight-foot separation between buildings.
[4]
Maximum density: 31 units/acre.
[5]
Maximum height:
(b)
Duplex units.
[1]
Front yard setback: a minimum of five feet from the New Jersey Route 35 right-of-way.
[2]
Front yard setback (interior roads): zero feet for the principal structure from Marion Street; three feet required for any egress point.
[3]
Building separation, side to side: a minimum ten-foot separation between buildings.
[4]
Building setback, rear to rear: a minimum ten-foot separation between buildings.
[5]
Side yard setback at perimeter boundaries: five feet.
[6]
Rear yard setback at perimeter boundaries: five feet.
[7]
Maximum density: 31 units/acre.
[8]
Maximum height:
(3)
Ocean Area (Block 36, Lots 13, 18, 22, and 24).
(a)
Single-family.
[1]
Front yard setback: 10 feet for the principal structure from interior roadways; three feet required for any egress point.
[2]
Setback from all parcel perimeter boundaries: six feet minimum.
[3]
Building separation, side to side: a minimum ten-foot separation between buildings.
[4]
Maximum density: 29 units/acre.
[5]
Maximum height:
(b)
Duplex units.
[1]
Front yard setback: a minimum of 10 feet from the New Jersey Route 35 right-of-way.
[2]
Front yard setback (interior roads): 10 feet for the principal structure from interior roadways; three feet required for any egress point.
[3]
Building separation, side to side: a minimum ten-foot separation between buildings.
[4]
Building setback, rear to rear: a minimum thirteen-foot separation between buildings.
[5]
Side yard setback at perimeter boundaries: five feet.
[6]
Rear yard setback at perimeter boundaries: six feet.
[7]
Maximum density: 29 units/acre.
[8]
Maximum height:
E.
Off-street parking, loading and vehicular access.
(1)
All parking, loading and vehicular access shall be provided off-street. Parking shall be required under structures that have been elevated out of the floodplain to the maximum extent possible if safe clearance exists and may be counted as an off-street parking space and has been approved as a parking area on all applicable Township construction permits.
(2)
Parking is specifically prohibited on the private roadways. Marked and signed as required by the Police Department/Traffic Safety.
(3)
No activity in this zone shall reduce the existing travel way as of the date of the adoption of this subsection.
(4)
Each residential unit shall provide and maintain a minimum of two off-street parking spaces.
(5)
Minimum cartway width for Elder Street, Shell Road, Marion Street and West Marion Street and any other interior roadway providing access to any residence within the bay, median or ocean portions of Camp Osborn: 20 feet.
G.
Local drainage protection.
(1)
Residential units shall be elevated so that the lowest regulated structural members are above street level and will have at least two feet of freeboard above the regulatory flood elevation pursuant to the best available flood mapping.
(2)
Site plans shall be prepared and elevations shall be established in a manner that considers adverse impacts from street flooding and local drainage from and onto adjacent properties and shall demonstrate the protection of the buildings from local drainage flows.
(3)
Positive drainage away from the buildings and towards installed drainage systems shall be provided, for example in Route 35.
(4)
Low-impact development measures shall be employed in order to mitigate the impacts of a one-hundred-year storm as per N.J.A.C. 7:8.
H.
Special flood-related hazard regulations.
(1)
Applicants shall demonstrate that they meet or exceed the FEMA regulations associated with a particular site.
(2)
The area beneath the main structure may only be utilized for access to the structure, storage and vehicular parking; all other uses are prohibited. Storage areas may not intrude into the vehicular parking section. Enclosures at grade level of duplex units may not exceed 15% of the building's footprint and must meet the requirements of the Uniform Construction Code.
(3)
All buildings shall be located landward of the reach of mean high tide.
(4)
Frontal dunes shall not be altered and applicants shall sign a deed of dedication and perpetual storm damage reduction easement agreement with the Township of Brick and the State of New Jersey so that the dunes can be permanently maintained.
(5)
Buildings shall not be located within the thirty-year erosion-prone area.