For the purpose of this Chapter, the Borough is divided into 10 zones known as:

R-1 Single-Family Residential Zone.

R-2 Single-Family Residential Zone.

R-3 Single-Family Residential Zone.

R-4 Single-Family Residential Zone.

R-5 Multi-Family Residential Zone.

R-6 Townhouse Residential Zone.

C-1 Central Commercial Zone.

C-1A Gateway Zone.

C-2 Marine Commercial Zone.

C-3 Highway Commercial Zone.

The aforesaid zones are hereby established by the designations, locations and boundaries thereof set forth and indicated on the Official Zoning Map to be located in the offices of the Municipal Clerk. A general map indicating such designations, locations and boundaries shall be attached to all copies of the Zoning Ordinance for informational purposes only.

The Zoning Map is also included as an attachment to this chapter.

If, in accordance with the provisions of this Chapter, and the revised statutes of the State of New Jersey, changes are made in the zone boundaries or other matters portrayed in the Map by the Governing Body, such changes shall be made thereon promptly by the Municipal Clerk after such amendment has taken effect as provided by law. For each such change in the Map, note shall be made thereof in the revision box, of the date of revision, zone affected by the revision and of a brief identifying description of the revision. These changes are to be endorsed upon the Map on the effective date of the amendment.

Unauthorized and intentional changes of any kind on the Map or matter shown thereon shall be punishable by a fine not exceeding $200 or 90 days in jail, or both.

Whenever an uncertainty or ambiguity exists as to the true location of any boundary line of any zone shown on the Map, the zone boundary lines shall be decided by the Zoning Officer and may be appealed to the Zoning Board of Adjustment.

Boundary lines indicated as following or approximately following streets, highways or other public or private ways, shall be construed to follow the center lines thereof.

Boundaries indicated as following or approximately following platted lot lines shall be construed as following such lot lines as the same appear on the Tax Map of the Borough as revised.

Boundaries indicated as following or approximately following municipal lines shall be construed as following such municipal lines.

Boundaries indicated as following streams, rivers, or other bodies of water shall be construed as following the center lines thereof.

All distances between parallel or concentric lines, or extensions or prolongations of features indicated in subsection 21-8.4 above, shall be construed to be at right angles in the case of parallel lines or radial in the case of concentric lines.

Except as hereinafter provided, no building or structure or part thereof, and no lot or land or part thereof, shall hereinafter be used except in conformity with the regulations herein prescribed. Any lawful use that does not conform to the use regulations of this Chapter shall be deemed a non-conforming use except that uses granted as conditional uses by the appropriate Municipal Agency shall be deemed to be conforming uses. Any enlargement of a conditional use shall require reapplication to the same Agency. Use variances granted by the Board of Adjustment or granted on appeal by the Governing Body shall be deemed legal non-conforming uses. All uses not expressly permitted in this Chapter are excluded.

Except as hereinafter provided, no building or structure or part thereof shall hereinafter be erected, structurally altered, enlarged or rebuilt except in conformity with the lot dimension, yard, coverage, height and spacing regulations herein prescribed. Any building or structure that does not conform to such regulations, hereinafter referred to as the building regulations of this Chapter, shall be deemed a non-conforming structure, irrespective of the use to which it is put. Building variances granted by the appropriate Municipal Agency on grounds of practical difficulties or undue hardship shall be deemed to be non-conforming structures or uses.

Any legally established existing use of a building or structure, lot or land, or part thereof, at the time of adoption of this Chapter, which use constitutes a non-conforming use under the provisions of this Chapter, may be continued.

Unless the context clearly indicates the contrary, the present tense shall include the future; the singular shall include the plural; the word "lot" shall include the work "plot"; the word "structure" shall include the word "building"; the word "shall" is always mandatory and directory; the work "may" is permissive. The word "use" and the word "used" refer to any purpose for which a lot or land or part thereof is arranged, intended, or designed to be used, occupied, maintained, made available or offered for use, or erected, reconstructed, altered, enlarged, moved or rebuilt with the intention or design of using the same.

No yard, or part thereof, or any other open space, or off-street parking or loading space required, about, or in connection with any building for the purpose of complying with this Chapter, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

No yard, lot, open space, parking or loading area or other areas required by this Chapter that existed at the time of passage of this Chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Chapter shall meet at least the minimum requirements established by this Chapter.

Except as hereinafter specified in this Chapter, yards and courts required by this Chapter shall be entirely free of building or parts thereof.

Corner lots shall provide the minimum front yard setback requirements for the respective zone for all intersecting streets.

Cornices and eaves, chimneys and bay windows shall not project more than two feet over any required yard or court except that no projection shall be closer than three feet to a lot line. Any projection over two feet shall be considered part of the principal building and shall conform to all setbacks.

Sills, leaders, belt courses and similar ornamental or structural features shall not project more than six inches into any required yard or court.

Porches and entries, uncovered or covered, shall be considered as part of the principal building and shall not project into required yard areas if they are three feet or more in height.

On any through lot, the front of such lot shall, for the purposes of this Chapter, be considered that frontage upon which the majority of the buildings in the same block front, but in case there has been no clearly defined building frontage established, the owner shall, when applying for a building permit, specify which lot line shall be considered the front lot line.

All front yards must face on a fifty-foot wide right-of-way for at least 40 feet along the right-of-way line, except in the case of cul-de-sacs or dead-end turn-arounds in which case the lot must face on the right-of-way for at least 30 feet. No building or use will be permitted on a lot, unless that lot has frontage on a right-of-way that has been improved in accordance with minimum municipal standards, or a street for which improvements satisfactory to the Municipal Engineer have been guaranteed either by cash or bond.

Where a building lot has frontage upon a street which on the Master Plan or official map of the municipality is contemplated for right-of-way widening, the required front yard setback or area shall be measured from such proposed future right-of-way lines.

Where a lot is formed from part of another lot, and occupied by a building, such division shall be effected in such a manner as not to impair any of the requirements of this Chapter with respect to the existing building or yards and open spaces in connection therewith. No permit shall be issued for the erection of a new building on a new lot thus created, unless it complies with all the provisions of this Chapter.

No soil, mineral or similar material may be removed from or placed on any lot, except that which is purely incidental to the construction of a building or structure. When the quantity of cubic feet to be excavated (except for a building foundation) or filled equals or exceeds 2% of the square feet of the lot to be filled or excavated, or in any event if the change in elevation is two feet or more, site plan approval of the Plan shall first be obtained from the Planning Board.

(Maximum quantity of fill allowable (cubic feet) = Lot area in square feet x 0.02. Example: 15,000 square foot lot x 0.02 = 300 cubic feet maximum allowable fill).

Application for the permit must contain elevations or contours at not more than two foot intervals and proposed finished grades on a map drawn to a scale of not less than one inch equals 50 feet which map shall be furnished by a licensed engineer or land surveyor. No fill material shall consist of any type of industrial wastes, building debris, obnoxious materials, or similar substances. The Planning Board shall determine its appropriateness for the area.

No outside display of wares for sale, vending machines, or products manufactured on the site shall be permitted in the front yard on any lot, except as otherwise permitted by this Chapter.

Roof structures such as mechanical equipment, water towers, etc. shall be screened from public view or designed in such a fashion as to complement the architecture of the building.

At the intersection of two or more streets, no wall, fence, hedge, or other structure shall be erected to a height in excess of three feet above curb level, nor any other obstruction to vision shall be permitted within the triangular area formed by the intersecting street lines at points which are 25 feet distant from the point of intersection, measured along the street line. Trees whose branches are trimmed away to a height of at least 10 feet above curb level shall be permitted.

All uses not specifically permitted in a zone are specifically prohibited in that zone.

Building permits shall be required for off-street parking in all zones.

All tractor trailers whose prime purpose is to sell, store, maintain, and repair goods shall be prohibited in the municipality. The Municipal Building Inspector shall not issue permits or certificates which will permit the tractor trailers to be located within the territorial limitations of the municipality.

No vehicles or temporary sales of any goods shall be permitted on any lot unless a site plan has been approved by the municipal agency.

No structure shall be erected on land which is unsuitable for improvement because it is subject to flooding or other hazards to life, health, or property, unless owner agrees to take approved adequate measures to eliminate such hazards. The approval must be obtained from the Planning Board, unless otherwise required from the Board of Adjustment pursuant to the flood plain ordinance of the Borough. The Board shall make or instigate adequate investigation by a recognized, trained or licensed authority before granting approval and only after a public hearing thereon. Expense incurred for such investigation must be paid for by the applicant and no certificate or permit shall be issued until payment in full is received. The exception to the above would apply to structures necessary for access and safety such as bridges, culverts, or protective walls and fences or for accessory agricultural structures, such as irrigation facilities, dependent upon access to water.

Any use not permitted in a zone but for which approval is given by the Zoning Board of Adjustment shall comply with the bulk standards of the most restrictive zone in which the use is permitted.

Any combination of advertising devices such as flags, pennants, spinners, or similar displays shall not be permitted.

All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service, are prohibited in all zones.

The manufacture, growth or cultivation related to marijuana is prohibited in all zones. The sale of marijuana and/or the paraphernalia that facilitates the use of marijuana for any purpose, whether medicinal or recreational, is prohibited in all zones.

All dormitories shall be prohibited as principal or accessory uses or structures in all zoning districts within the Borough of Brielle.