Bulk requirements. Motels and hotels shall be subject to the bulk requirements of the specific zone district where these uses are located. Refer to this Article XIV, Commercial Use Design Standards.

Density. The permitted number of motel or hotel rooms shall be determined according to the following schedule:

Density calculation. The following formulas shall be used to determine the maximum number of motel or hotel rooms permitted on site:

Solid waste disposal areas.

Public safety considerations. All motel or hotel developments shall address the following public safety issues within the application for development:

Minimum habitable floor area. A motel or hotel room shall contain a minimum of 275 square feet.

Accessory uses.

Building separation. There shall be a minimum of 75 feet between building faces containing windows. In any other case, there shall be a minimum of 20 feet between structures.

Off-street parking. All off-street parking shall be designed and operated in accordance with Article XI, Off-Street Parking.

Signs. All signs shall be designed and constructed in accordance with the provisions of Article XV, Sign Regulations.

Landscaping. Landscaping shall be provided in accordance with Article XII, Landscaping, Buffers and Open Space Design.

All motels/hotels must have a main lobby, a central reservation desk and a specified area for the pickup and drop-off of guests and luggage.

Permitted commercial uses. Those uses specified in § 198-49, Business use matrix, are permitted uses when included as an integral part of a shopping center. Banks, restaurants, fast-food and carryout restaurants, motels or hotels are permitted on separate parcels within the B-3 Zone District subject to the area and bulk requirements previously stated. These uses must be integrated with the overall design of the shopping center in respect to parking, signage, landscaping, traffic circulation and aesthetic character.

Maximum floor area. The gross leasable area of the commercial and business uses shall not exceed 150% of the total site area or be less than 25% of the total site area.

Commercial and business use mix. Retail service establishments (business) shall not exceed 60% of the occupancy of the gross leasable area. The total area of either hotel or motel rooms shall be considered as gross leasable area for those uses in this zone district and shall not exceed 30% of the occupancy of the gross leasable area.

Hotel and motel density. The total number of motel or hotel rooms permitted shall be determined as specified in § 198-104.

Solid waste disposal areas.

Building separation. There shall be a minimum of 15 feet between any commercial structure.

Off-street parking. All off-street parking shall be designed and operated in accordance with Article XI, Off-Street Parking.

Signs. All signs shall be designed and constructed in accordance with the provisions of Article XV, Sign Regulations.

Landscaping. Landscaping shall be provided in accordance with Article XII, Landscaping, Buffers and Open Space Design.

Design coordination. A shopping center shall be designed and constructed as one attached architectural unit, including building, on-site parking facilities, on-site loading facilities and other requirements contained in this chapter.

Underground services. All utility service lines in the shopping center complex shall be underground.

Permitted activities. The following activities and commercial uses may be permitted as part of the operation of a commercial marina:

Signs. All signs shall be designed and constructed in accordance with the provisions of Article XV, Sign Regulations.

Off-street parking. All off-street parking areas shall be designed and operated in accordance with Article XI, Off-Street Parking.

Dry storage.

Watercraft maintenance. Maintenance of watercraft shall be limited to those simple repairs that can normally be done while the vessel is in the water, although such maintenance and repair work may be done on land, and may include scraping, sanding, painting and emergency repairs of watercraft.

Limitation of retail sales. Retail sale activities within a commercial marina shall be limited to those relating to and in support of the marina functions. Specifically, these sales shall be limited to groceries, fishing supplies, watercraft, watercraft accessories, and marine engines. Vending machines dispensing foods and beverages are permitted.

Launching facilities.

Administrative offices. Offices and/or administrative facilities shall be limited to those required for the operation of the commercial marina.

Marine fuel sales. The sale and dispensing of marine fuels are permitted in commercial marinas in the City of Brigantine, subject to the review and approval of the Planning Board. Marinas must provide emergency containment equipment, including but not limited to floating booms and oil-absorbent pads in case of fuel spill.

Pump-out facility. Waste transferred from boat to shore shall utilize an approved system for waste disposal pump-out.

Environmental design standards. In evaluating marina uses, the Planning Board shall consider the following factors:

Permitted activities. The following activities and commercial uses may be permitted as part of the operation of a marina yacht club:

Signs. All signs shall be designed and constructed in accordance with the provisions of Article XV, Sign Regulations.

Off-street parking. All off-street parking areas shall be designed and operated in accordance with Article XI, Off-Street Parking.

Dry storage.

Watercraft maintenance. Maintenance of watercraft shall be limited to those simple repairs that can normally be done while the vessel is in the water.

Limitation of retail sales. Retail sales activities within a marina private club shall be limited to those relating to and in support of the marina functions. Specifically, these sales shall be limited to groceries, fishing supplies and watercraft accessories. Vending machines dispensing foods and beverages are permitted within the marina facility only. Specifically excluded is the sale of watercraft, marine engines and watercraft trailers.

Launching facilities.

Administrative offices. Offices and/or administrative facilities shall be limited to those required for the operation of the commercial marina.

Marine fuel sales. The sale and dispensing of marine fuels are permitted in marina yacht clubs in the City of Brigantine, subject to municipal approval, and must conform to the requirements of § 198-106I and J.

Recreational facilities. A marina yacht club may include the following recreational facilities:

Restaurants and bars.

Environmental design standards. A marina private club shall be subject to environmental design standards as stated in § 198-106K.

Bed-and-breakfast inns as conditional uses. Any and all bed-and-breakfast establishments shall be conditional uses and must obtain conditional use approval from the Planning Board of the City of Brigantine prior to commencing operation or opening for business.

Permitted locations. Bed-and-breakfast establishments shall only be located on Brigantine Avenue, Atlantic-Brigantine Boulevard, Bayshore Avenue or on any other lot in the City of Brigantine which meets the requirements of this chapter and is directly adjacent to and abutting any bay, beach or lagoon within the City of Brigantine.

Submission to Planning Board. All applications for approval of a bed-and-breakfast must contain all plans and documentation as set forth in the section of the Municipal Land Use Ordinance governing Planning Board applications. All proposed bed-and-breakfast applicants must receive, at a minimum, conditional use approval including site plan approval. Said plans shall also clearly show and identify all guest rooms and other rooms contained in said bed-and-breakfast and the dimensions thereof.

Bed-and-breakfasts must be owner-occupied. No property shall be approved for a bed-and-breakfast use unless the same will be owner-occupied and is the primary residence of the proprietor of said bed-and-breakfast establishment.

Guest bedrooms. In order to be approved as a bed-and-breakfast establishment, the structure housing said bed-and-breakfast establishment must have at least four but no more than eight bedrooms within a single structure. At least three but no more than seven of said bedrooms must be guest bedrooms which are available for public use at all times. At least one bedroom must be used at all times as the bedroom and living quarters of the proprietor of said bed-and-breakfast.

Bathrooms. All bed-and-breakfast establishments within the City of Brigantine are encouraged to have a full bathroom for each guest room, although shared bathrooms may be permitted in the discretion of the Planning Board. A bed-and-breakfast shall have at least three full bathrooms of which at least two shall be available to guests of the bed-and-breakfast at all times.

Cooking facilities. All bed-and-breakfast establishments in the City of Brigantine shall have a central cooking area large enough to prepare meals for all guests at one time. Any and all cooking facilities or devices, of any nature, shall be strictly prohibited in guest rooms.

Common dining area. All bed-and-breakfast establishments in the City of Brigantine shall have a common dining area large enough to seat all guests of said bed-and-breakfast at one sitting. Said dining area shall have a minimum of two chairs for every one bedroom at the bed-and-breakfast establishment. Said common dining area must be arranged so that breakfast, lunch, dinner and afternoon tea/coffee may be served to guests therein.

Room service shall be permitted.

Common lounge area. All bed-and-breakfast establishments in the City of Brigantine shall have a common living room or lounge where guests may sit or otherwise relax and mingle.

Parking.

Landscaping. All landscaping at bed-and-breakfast establishments in the City of Brigantine shall be plants indigenous to the Brigantine and southern New Jersey area. All landscaping and landscaping schemes shall be approved by the Planning Board.

Fences. Fences shall be permitted at bed-and-breakfast establishments in the style and height of fences permitted for single-family residential uses in the zone in which said bed-and-breakfast establishment is located.

Signs. Each bed-and-breakfast establishment within the City of Brigantine shall be permitted to erect one five-square-foot, freestanding, two-sided sign which may indicate the name of the bed-and-breakfast, its address and whether vacancies exist or not. All other signs including but not limited to wall-mounted signs, rooftop signs or other signs of any nature are strictly prohibited.

Compliance with laws. All bed-and-breakfast establishments in the City of Brigantine shall comply with all federal, state, county and municipal laws, rules and regulations. This includes, but is not limited, to all requirements of the Uniform Construction Code including square footage for guest rooms, BOCA Property Maintenance Code, State Fire Safety Code, including but not limited to the Uniform Fire Code Retrofit Guidelines and all County Health Department guidelines.

Length of stay. No bed-and-breakfast establishment within the City of Brigantine shall be operated in such a manner as to become a permanent guest house, boardinghouse or other type of permanent living quarters. No guest may stay at any bed-and-breakfast establishment in the City of Brigantine for longer than 14 consecutive days, nor shall any guest stay at a bed-and-breakfast establishment in the City of Brigantine for more than 14 days in any month. This section shall be interpreted in a light most favorable to the City of Brigantine and in such a manner as to further the intent of the City of Brigantine to create bed-and-breakfast establishments pursuant to this chapter and not to create rooming houses or other types of permanent or semi-permanent living quarters.

Employees. Bed-and-breakfast establishments in the City of Brigantine shall have employees who are occupants of the bed-and-breakfast or familial relationships thereof. No more than three employees shall work at a bed-and-breakfast establishment at any time who are not resident members of the family unit which occupies and owns said bed-and-breakfast establishment.

Accessory uses. Fences, signs and parking areas are the only accessory uses permitted to be used in conjunction with a bed-and-breakfast establishment. All bed-and-breakfast establishments shall contain all guest rooms within one structure only and there shall not be more than one structure on any lot. All storage of food, etc., shall be contained within the principal structure and no sheds shall be permitted.

Trash enclosure. The pickup and removal of trash, and the cost for the same, shall be the responsibility of the owner/operator of the bed-and-breakfast establishment. They shall contract with a private trash hauler for said services. Trash shall only be stored in trash containers on the side of or behind the bed-and-breakfast establishment and all such trash areas shall be enclosed by a fence whose height and style is the same as that permitted in the residential zone in which the bed-and-breakfast establishment is located. No trash container, can or enclosure, or any portion thereof, shall be located in front of the front wall of the bed-and-breakfast establishment.

Additional Planning Board approval. Any enlargement of, addition to or expansion of a bed-and-breakfast establishment must receive Planning Board approval and must comply with all conditions of the Municipal Land Use Ordinance. Any bed-and-breakfast establishment which is going to de-convert into a single-family use must receive prior approval of the Brigantine Construction Official, Zoning Officer and Fire Department to ensure that said de-conversion is performed in accordance with the Uniform Construction Code, Uniform Fire Code and all other applicable statutes and regulations.

Licensure. Each bed-and-breakfast establishment shall be licensed on an annual basis by the City Council of the City of Brigantine. The annual fee shall be $250.

Revocation. Any owner/operator of a bed-and-breakfast establishment in the City of Brigantine may be fined up to $1,250 and/or have their license to operate revoked for any violation of this section. No license shall be revoked unless notice of such revocation is provided and a hearing regarding any violation is held before the Brigantine City Council. If a license is revoked, the property can no longer be used and/or operated as a bed-and-breakfast establishment.

Bulk requirements. Any lot within the City of Brigantine where a bed-and-breakfast establishment will be located must contain a minimum of 80 feet of frontage, depth of 90 feet and total area of 7,200 square feet. All other bulk and setback requirements including, but not limited to, building height, lot coverage, rear, front and side yard setbacks, shall be the same as established for single-family homes in the zone where the bed-and-breakfast establishment is located.