Brielle City Zoning Code
ARTICLE X
CONDITIONAL USES
§ 21-52 APPROVAL REQUIRED.
[Ord. #255; Ord. #592; 1972 Code § 89-50]
A conditional use is a permitted use only as specified by this Chapter and may be granted in accordance with the standards and specifications of this section. No permit shall be issued for a conditional use unless an application is submitted to and approved by the Planning Board. It shall be submitted and distributed in the same manner as prescribed for all applications in the Land Use Procedures, Chapter 20
§ 21-53 STANDARDS FOR APPROVAL.
The following standards and conditions are required to be met in order to receive Planning Board approval for specific conditional uses as indicated:
§ 21-53.1 Government Buildings and Services.
[Ord. #255; Ord. #592; 1972 Code § 89-51]
Government building, such as Municipal buildings, libraries, and schools shall provide the Planning Board with the following:
a.
A set of plans, specifications and plot plan and a statement setting forth the need and purpose of the installation.
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; that the design of any building in connection with such facility conform to the general character of the zone and will in no way adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located; that adequate and attractive fences and other safety devices will be provided and that sufficient landscaping including shrubs, trees and lawn are provided and will be periodically maintained.
c.
All other requirements for the zone in which the use is to be located shall apply.
§ 21-53.2 Churches, Synagogues, Parish Houses, Similar Religious Uses, Including Parochial and Private Schools.
[Ord. #255; Ord. #592; 1972 Code § 89-51; amended 8-27-2018 by Ord. No. 1080]
a.
The required minimum lot area shall be three 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 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 lot coverage is 20%.
g.
The maximum height of the structure is 2 1/2 stories or 35 feet, whichever is less.
h.
A perimeter landscape buffer shall be required around the entire length of the side and rear property lines. A minimum of 30 feet to all residential uses must be provided.
§ 21-53.3 Eating Establishments (Drive-In or Fast Food).
[Ord. #255; Ord. #592; 1972 Code § 89-51]
a.
The minimum lot area shall be one acre.
b.
The minimum lot frontage shall be 175 feet.
c.
The minimum depth shall be 200 feet.
d.
The minimum off-street parking shall be one space for each 50 square feet of gross floor area.
e.
All other requirements of the zone including fencing and landscaping shall apply.
f.
There shall be no access to rest rooms from the exterior of the building.
g.
There shall be adequate trash receptacles outside the building for use of patrons.
h.
There shall be frequent collection of debris and trash from outside the building so that trash does not blow off the property or make the subject property unsightly.
i.
The property shall be surrounded on three sides by a six-foot high solid architectural fence, set back from the front property line no more than 25 feet.
j.
There shall be trash area completely surrounded by a six-foot high solid architectural fence with front solid gates. All outside trash shall be stored in this area and shall not be in public view over the fence height.
All similar accessory appurtenances such as propane tanks shall be similarly enclosed.
§ 21-53.4 Cluster Residential Development.
[Ord. #255; Ord. #592; 1972 Code § 89-51]
The purpose of this section is to provide a method of development of residential land which will nevertheless preserve desirable open spaces, including flood plain areas, school sites, recreation and park area and lands for other public purposes, by reducing the lot sizes without increasing the number of lots permitted.
a.
A cluster residential development for single-family dwelling purposes occupying 20 acres or more shall be a permitted use in an R-1 Zone. Nothing in this section shall be construed to allow a development of this type to exceed the number of lots which would be permissible under normal development procedures.
b.
The proposed development shall follow all applicable procedures, standards and requirements of the Land Subdivision, Chapter 22
c.
The number of dwelling units permitted shall be determined by multiplying the number of acres times the permitted number of dwelling units per acre in this Zone. The area of land set aside for common open space or recreational use shall be included in determining the number of dwelling units permitted. There shall be dedicated for common use 25% of the gross acreage in the cluster subdivision. This percentage shall not include streets or other paved facilities.
d.
At the discretion of the Planning Board, the subdivider may be allowed to reduce the minimum lot frontage, minimum lot depth, and minimum lot area in accordance with the provisions of this section. The Planning Board shall, prior to reaching its determination, confer with other interested Municipal Agencies as to the advisability of accepting the lands offered to be donated.
e.
A portion of the land to be donated for public purposes shall be at least a usable, single, five acre tract.
f.
All lands within a subdivision other than streets and building lots shall be deeded to the municipality for public purposes or shall be deeded to a legally created non-profit homeowners association, which deed shall contain restrictions and covenants which shall run with the land and shall restrict the use of the land to the purposes set forth in the approval.
g.
Lands to be deeded for public purposes or deeded to a non-profit homeowners association shall be located and approved by the Planning Board which shall consider the suitability, physical condition, and location of the lands in regard to its proposed uses and to the needs of the Municipality in reaching its determination.
h.
Should the subdivision consist of a number of development stages, the Planning Board may require that acreage proportionate in size to the stage being considered for final approval be donated to the Municipality simultaneously with the granting of final subdivision approval for that particular stage even though these lands may be located in a different section of the overall development.
i.
The Planning Board shall state the specific use or range of uses for which the donated public lands will be used and this shall be included in the resolution approving the subdivision.
§ 21-53.5 Public Utility Installations.
[Ord. #255; Ord. #592; 1972 Code § 89-51]
Public utility uses and installations, above and below ground, such as transmission lines, water shortage tanks, towers, pumping stations and substations, shall provide the Planning Board with the following:
a.
A set of plans, specifications and plot plan, and a statement setting forth the need and purpose of the installation.
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.
Further provided that the design of any building in connection with such facility conform to the general character of the zone and will in no way adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located; that adequate and attractive fences and other safety devices will be provided and that sufficient landscaping including shrubs, trees, and lawn are provided and will be periodically maintained.
d.
All other requirements for the zone in which the use is to be located shall apply.
§ 21-53.6 Plant Nurseries, Nursery Stock Supply and Sales, Garden Landscape Supplies.
[Ord. #255; Ord. #592; 1972 Code § 89-51]
a.
With the exception of the landscape plants, shrubs, and trees, all materials shall be contained within a building except that open storage and sales areas may be maintained in a side or rear yard provided that such open storage and sales areas are contiguous to the building and are encircled by a fence of a design which is homogeneous to the adjacent building.
b.
A six-foot high solid fence shall be so designed as to screen all materials and supplies, except plant materials, from public view.
c.
Plant materials may be displayed openly in any yard except the front yard.
d.
All other requirements for the zone in which the use is located shall apply.
§ 21-53.7 Trailer and Mobile Home Sales, Recreation Equipment Sales, Swimming Pool Sales, Boat and Marine Equipment Sales.
[Ord. #255; Ord. #592; 1972 Code § 89-51]
a.
All materials shall be contained within a building except that open storage and sales areas may be maintained in a side or rear yard provided that such open storage and sales areas are contiguous to the building.
b.
The minimum lot size shall be 40,000 square feet.
c.
All outside displays shall be screened from adjacent residential properties and zones by a six-foot high solid architectural fence.
d.
All other requirements of the zone in which the use is located shall apply.
§ 21-53.8 Automotive, Gasoline, Service and Repair, Sales and Service and Sales Lot.
[Ord. #255; Ord. #592; 1972 Code § 89-51]
a.
In each of the above cases, the use is permitted subject to the following requirements:
Lot Size | Minimum Lot Frontage | Lot Coverage | |
|---|---|---|---|
Automotive Gasoline Station | 20,000 square feet | 150 feet | 15% |
Automotive Service Station | 40,000 square feet | 200 feet | 15% |
Automotive Sales and Service | 80,000 square feet | 200 feet | 25% |
Automotive Sales Lot | 10,000 square feet | 100 feet | 15% |
b.
Setbacks. For the above uses, the front setbacks shall be not less than 40 feet. The side and rear setbacks shall be not less than 15 feet, except where one of the yards adjoins a residential zone. Where a yard adjoins a residential zone, the commercial use shall maintain not less than a fifty-foot side or rear yard.
c.
Canopies. A cantilevered cover or canopy may be permitted to extend into the front yard provided it is at least 25 feet from any front property line and 25 feet from any residence zone.
d.
Curb cuts and driveways.
1.
On a corner lot, a driveway shall be at least 25 feet from the street intersection as measured along the property line.
2.
Driveways shall be no less than 25 feet and no more than 30 feet wide. The driveway shall be flared or slanted at the curb line to facilitate auto ingress and egress.
3.
Curb cuts shall be no less than 10 feet from any adjacent property line.
4.
Any two driveways giving access to a single street shall be separated by a curbed island of at least 20 feet.
5.
A raised curb of at least six inches in height shall be provided along the street property lines, except for driveway openings.
6.
There shall not be more than two curb cuts providing access to any one street.
e.
Signs.
1.
Free-standing signs: One free-standing sign shall be permitted provided the aggregate area of all sides of the sign shall not exceed 75 square feet.
2.
Facade signs: Facade signs shall be allowed on front or side facades so as not to exceed 15% of the square footage of the facade on which it is located.
3.
Other signs. Other signs that may be required by State or Federal law shall be allowed, but no other advertising signs shall be permitted.
4.
All other sign requirements of this Chapter shall apply.
f.
Lighting. All lighting shall be so designed, arranged and installed as to reflect all light down and away adjoining properties and streets and highways. No string of multiple lights shall be permitted.
g.
Pavement. All parking, access and driveway areas shall be paved with a permanent surface such as macadam with proper drainage so as not to affect adjacent property owners.
h.
Location of pumps (automotive service and gasoline stations only). All pump islands shall be a minimum of 25 feet from any adjacent property line and 20 feet from any public right-of-way.
i.
Accessory buildings. All lifts, lubrication equipment, service pits and goods for sale shall be enclosed within the service stations, with the exception of those items directly related to the business, such as wiper blades, oil, and tires, outdoor display of products for sale or rental shall not be permitted. Accessory buildings shall not be permitted except for the temporary storage of trash or garbage.
j.
Accessory uses.
1.
The sale or rental of cars, trucks, trailers, boats or any other vehicles on the premises of an automotive gasoline or automotive service station shall be prohibited.
2.
The storage of cars, trucks, trailers, boats or any other vehicle not being serviced or repaired on the premises of an automotive gasoline station, automotive service station or automotive repair garage shall be prohibited.
3.
All other activities are prohibited, including trailer or motor vehicle rental. Storage of any vehicle requiring body work, or which is inoperable because of major repairs required, shall not be permitted except at an automotive repair garage or automotive sales and service.
4.
The storage of inoperable vehicles, classified as junk cars or those not currently registered with the State of New Jersey shall not be permitted.
k.
Trash and garbage. A solid enclosed area shall be provided for the temporary storage of trash, garbage and unusable automotive parts. Except for tires, all trash shall be stored in tight containers. The enclosed area shall be designed so that the trash shall not be seen from a public street or from adjoining properties.
l.
Fuel tanks. Underground fuel storage tanks shall be placed at least 10 feet from any structure. Tanks having a capacity of 6,000 gallons or more shall be at least 20 feet from any structure.
m.
Service stations shall be subject to all other requirements of the zone in which they are located, and all other laws of the Municipality.
n.
Landscaping buffers and screening shall be provided as follows:
1.
In all zones where the above automotive services are permitted as a use by conditional use, the following minimum requirements shall be met:
(a)
A minimum landscaped area five feet wide shall be provided along all property lines abutting public streets, except where curb cuts are permitted.
(b)
All buffers and landscaped areas shall be protected from adjacent parking areas by curbs, or concrete, metal or wood bumpers at least six inches in height and securely anchored into the ground.
(c)
Service areas and parking areas shall be screened from abutting property. A minimum of a six foot, architecturally solid fence shall be erected on all property lines except the front property line.
(d)
All street trees and on-site deciduous shade trees shall be not less than two inches caliper measured one foot above the root crown.
(e)
A satisfactory amount of evergreen plant materials shall be included in the planting, this to be judged on an individual basis by the Municipality. Evergreen trees shall not be less than six feet in height.
(f)
Where an automotive use, as permitted above, abuts a residential zone, except along a street line, a ten-foot buffer must be established and maintained in addition to the solid architectural fence. This buffer shall be attractively landscaped with evergreen and deciduous shrubs.
(g)
All landscaping shall be maintained in a manner satisfactory to the Municipality at all times.
o.
Parking. There shall be four spaces required per bay plus one space for each employee on maximum work shift.
§ 21-53.9 Car Wash.
[Ord. #255; Ord. #592; 1972 Code § 89-51]
a.
All other regulations for the district in which the use is to be located shall be complied with except that the minimum lot area for a car wash shall be not less than 20,000 square feet.
b.
Such use shall provide adequate off-street automobile stacking area which shall not be less than 20 spaces per bay. Such stacking system shall in no way hinder or impair normal traffic flow on adjoining property or public right-of-way.
c.
Approval of the Municipal Engineer regarding utilities and drainage and the Department of Health regarding the performance standards shall be required.
§ 21-53.10 Quasi-Public Uses.
[Ord. #255; Ord. #592; 1972 Code § 89-51; amended 8-13-2018 by Ord. No. 1078]
Quasi-public uses such as clubs, social organizations, and other public gathering places not publicly owned, not commercial in nature, and not specifically listed in this section, shall adhere to the following:
a.
The required minimum lot area shall be three 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 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 lot coverage is 20%.
g.
The maximum height of the structure is 2 1/2 stories or 35 feet, whichever is less.
h.
A perimeter landscape buffer shall be required around the entire length of the side and rear property lines. A minimum of 30 feet to all residential uses must be provided.
i.
Landscaping and screening shall be provided in accordance with Article VII of this chapter for the zone in which the use is located.
k.
Where parking areas are adjacent to a residential use of zone, a twenty-foot-wide buffer strip, including fences and shrubs, no less than six feet high shall be provided.
§ 21-53.11 New and Used Car Sales.
[Ord. #255; Ord. #592; 1972 Code § 89-51]
a.
All requirements of subsection 21-53.8 shall be required and adhered to except as follows:
1.
The sale or rental of cars and trucks shall be permitted. No lot in the Borough of Brielle can be used solely for the storage, display, or rental of vehicles. Such use shall be permitted as an accessory to a new and used sales and service structure upon the same premises. Said structure shall be a minimum of 3,000 square feet of gross floor space in order to service customers.
2.
The display of vehicles in the required front setback area shall not be permitted.
§ 21-53.12 Cemeteries.
[Ord. #255; Ord. #592; 1982 Code § 89-51]
a.
The only uses permitted as a conditional use under this section are as follows:
b.
A buffer of 15 feet against any property line not abutting a street line, and five feet against any property line abutting a street line shall be maintained and landscaped with evergreens and other trees and shrubs as determined adequate by the Municipal Agency. No plots or lots for interment shall be permitted in this buffer zone.
§ 21-53.13 Restaurants.
[Ord. #255; Ord. #592; Ord. #652; 1972 Code § 89-51]
Restaurants and luncheonettes may be permitted provided the Planning Board, in its discretion, finds that the use and/or structures adhere to the minimum standards of the C-2 Zone and the following:
a.
Any proposed restaurant and/or luncheonette shall be intended for the use of sit-down patrons, or pedestrian patrons for off-premises consumption. Drive-up facilities and facilities intended to serve patrons for consumption in parked vehicles are prohibited.
b.
No restaurant or luncheonette shall be permitted unless such restaurant is operated in conjunction with a marine facility, such as a marina or boat basin. Such restaurant or luncheonette facility shall be operated simultaneously with a marine facility; shall be located on same site and property as the marine facility; and shall be integrated in use and design with the marine facility. Such marine facility shall provide as a minimum, one docking berth per four seats, with a minimum of twenty-five foot docking berths. Such required docking facilities shall be provided based upon the cumulative total required for the various uses of the site computed separately.
§ 21-53.14 Hotels and Motels.
[Ord. #255; Ord. #592; Ord. #653; 1972 Code § 89-51]
Hotels and motels may be permitted provided the Planning Board, in its discretion, finds that the use and structures adhere to the minimum standards of the C-2 Zone, and the following:
a.
No hotel or motel shall be permitted unless such hotel or motel is operated in conjunction with a marine facility, such as a marina or boat basin. The hotel or motel shall be operated simultaneously with a marine facility; shall be located on the same site and property as the marine facility; and shall be integrated in use and design with the marine facility. Such marine facility shall, as a minimum, provide one docking berth per motel or hotel unit. Such required docking facilities shall be provided based upon the cumulative total required for the various uses of the site computed separately.
b.
Minimum lot area - 22,500 square feet.
c.
Minimum lot area per unit - 1,500 square feet.
d.
Minimum number of units - 15.
e.
Maximum lot coverage - 25%.
f.
No additional parking shall be required for swimming pools, provided that the pools are not open for use by the general public but are for use of the guests at the hotel or motel.
§ 21-53.15 Multi-Use Marine Complex.
[Ord. #255; Ord. #592; Ord. #652; Ord. #653; 1972 Code § 89-51]
Multi-use marine complexes may be permitted provided the Planning Board, in its discretion, finds that the use and structures adhere to the minimum standards of the C-2 Zone and the following:
a.
Specific principal uses permitted as part of a multi-use marine complex shall include two or more of the following uses.
1.
Uses permitted in the C-2 Zone;
4.
Swimming pools, tennis courts, basketball courts, racquetball courts and health club facilities intended for the use of residents of the multi-use marine complex;
5.
Multi-family residences in conjunction with a marine facility, where such residences are part of an overall development or redevelopment plan that includes such a marine facility and retail, and/or service establishments otherwise permitted or conditionally permitted in the C-2 Zone and further provided that:
(a)
Where nonresidential uses and residences are to occupy space in the same structure, the nonresidential use(s) shall be located only on the first floor.
(b)
The nonresidential uses permitted herewith, shall occupy not less than 5,000 square feet of floor area and not less than 15% of the total floor area of the development, whichever is greater.
(c)
The overall development or redevelopment plan includes a marine facility, that as a minimum, provides one docking berth for each multi-family dwelling unit and one docking berth for each hotel or motel unit proposed.
(d)
The maximum residential density shall be 12 dwelling units per acre, provided the nonresidential floor area of the development does not exceed 20% of the total. Where the nonresidential floor area is greater than 20% of the total floor area of the development, the maximum residential density shall not exceed 10 dwelling units per acre.
(e)
The minimum gross habitable floor area of a multi-family dwelling unit shall be in accordance with the provisions of subsection 21-19.6g.
(f)
Required parking and docking facilities shall be provided based upon the cumulative total required for the various uses of the site computed separately.
(g)
No multi-family structure shall contain more than 14 dwelling units.
(h)
No townhouse structure shall contain more than eight dwelling units.
b.
The minimum lot size for a multi-use marine complex shall be two acres, with a minimum lot width of 150 feet and a minimum lot depth of 150 feet.
c.
The maximum lot coverage shall be 25%.
d.
The minimum unoccupied open space shall be 25%.
e.
The maximum nonresidential floor area ratio shall be 0.25.
f.
Building length:
1.
Unless determined by the Planning Board to be inappropriate, unnecessary or undesirable, all proposed principal and accessory buildings shall have the longest dimension of such buildings oriented perpendicular to the water's edge and in no case shall any building have a length of greater than 125 feet when viewed in elevation from a point on the water's edge perpendicular to the midpoint of the longest building dimension closest to and facing the water's edge.
2.
The configuration of structures may be any alignment that meets the yard requirements and does not exceed the following overall or component building lengths:
(a)
Two hundred feet on one plane;
(b)
Three hundred feet on any angle; and
(c)
Four hundred feet along the centerline.
Any passageway between two structures which has a roof attached to both structures shall be included in calculating these lengths. Structures, as measured along the centerline, shall provide one opening at ground level at least every 200 feet. This opening shall be a minimum of 15 feet in clear width and a minimum of 10 feet in clear height and located so that the floor level is at an elevation not more than eight inches above or below the finished grade of the adjoining ground.
g.
No dwelling structure unit shall contain a living area level lower than the finished grade along the front of the structure.
h.
Minimum distance between buildings:
1.
The following minimum distances between buildings shall be provided and shall to the maximum extent practicable remain unbroken by visual obstructions for the purpose of establishing a continuous visual corridor from the water's edge to the first landward public roadway:
i.
Parking:
1.
Off-street parking shall be provided based upon the cumulative total required for the various uses computed separately.
2.
The Planning Board may approve site plans for multi-use marine complexes where the number of on-site parking spaces to be provided is less than prescribed by this Chapter for the uses proposed. The owner or developer shall submit a parking study and analysis. The developer or owner may submit alternate proposals to satisfy the parking needs for the proposed uses, which proposals shall be subject to the approval of the Planning Board and may include but are not limited to the following:
(a)
Proof that the number of on-site parking spaces proposed is adequate; or
(b)
Proof that sufficient existing parking spaces are available within reasonable walking distance which are either presently under-utilized or utilized by uses which have different peak hours. If such alternate parking spaces are on privately owned property, submission of an agreement with the owner of said property permitting the use of parking spaces will be required.
§ 21-53.16 Age Restricted Townhouse Development.
[Ord. #915]
Age restricted townhouse developments may be permitted provided the Planning Board, in its discretion, finds that the use and the structures adhere to the minimum standards of the C-1A Zone and the following:
a.
Six units per acre maximum.
Development standards:
1.
Minimum lot size 80,000 square feet.
2.
Minimum lot width 300 feet.
3.
Minimum lot depth 200 feet.
4.
Minimum front setback 45 feet.
5.
Minimum side setback 25 feet.
6.
Minimum rear setback 25 feet.
7.
Maximum lot coverage 30%.
8.
Maximum building height 35 feet.
9.
Maximum number of building stories 21/2.
§ 21-53.17 Specialty Food Shop and/or Bakery.
[Ord. #915]
A specialty food shop and/or bakery may be permitted provided the Planning Board, in its discretion, finds that the use and the structures adhere to the minimum standards of the C-1A Zone and the following: