Brigantine City Zoning Code
ARTICLE XVI
Conditional Uses
§ 198-117 Purpose and intent.
A.
Establishment of procedures. In recognition of the fact that certain necessary specific uses may be, or become, inimical to the public health, safety and general welfare of the City of Brigantine if located or permitted without due consideration to the existing conditions and surroundings, the following standards and procedures are hereby established for the uses designated as conditional uses.
B.
Purpose of standards. These standards are intended to provide the standards for reviewing and deciding upon certain uses not otherwise permitted except under the restrictions or criteria of this article. In approving a site plan for a conditional use, the Planning Board may suggest or require modifications and revisions to the application for development. Such changes and modifications, as well as the original provisions of the site plans which have not been modified, shall be maintained as a condition of the establishment and maintenance of the conditional use to which they are appurtenant.
§ 198-118 Churches and places of worship.
A.
Permitted areas of use. Churches and all places of worship shall be permitted in any residential and business zone district where the general criteria of Subsection C are met.
B.
Site plan requirements. An application to construct or expand a church shall be filed with the Planning Board in accordance with § 198-12, Site plan details.
C.
D.
Special considerations.
(1)
In its evaluation and review of the site plan, the Planning Board shall consider the impact of the structure upon the established character of the surrounding neighborhood in respect to size, location, building materials, architectural style and massing.
(2)
The Planning Board shall review means of access and egress, internal traffic patterns, placement of accessways, projected traffic volumes for both scheduled and special events to determine the impacts on streets serving the church as well as its accessory facilities, if any.
§ 198-119 Recreational facilities.
B.
Site plan requirements.
(1)
An application to construct or expand a nonmunicipal recreational facility shall be filed with the Planning Board in accordance with § 198-12, Site plan details.
(2)
The application for development shall include an operational plan describing in full detail the method and means of operating the facility.
(3)
A full membership list, including names and addresses, shall be filed with the application.
C.
Definition of "recreational facility." For purposes of this section of this chapter, a recreational facility shall include, but not be limited to, clubhouses, parks, playgrounds, swimming pools, tennis courts and other structures dedicated to housing recreational activities operated by either nonprofit membership organizations, civic and service clubs, fraternal organizations or lodges.
D.
E.
Special considerations.
(1)
In its evaluation and review of the site plan, the Planning Board shall consider the improvement of the facility upon the established character of the surrounding neighborhood.
(2)
The Planning Board shall find that the proposed recreational facility, by the nature of its siting, will not adversely affect the safe and comfortable enjoyment of property rights or the value of the adjacent properties.
(3)
The Planning Board shall review means of access and egress, internal traffic patterns, placement of accessways and projected traffic volumes for both scheduled and special events to determine the impacts on streets providing access to the facility.
(4)
The Board shall determine that the facility is to be operated by a bona fide nonprofit organization solely for the recreation and enjoyment of its membership.
(5)
The membership of the nonprofit organization shall be determined and fixed at maximum limit based on the capacity of the facility at the time of the application for development. No further increase in membership shall be permitted until additional lands are acquired to accommodate this increase. A supplemental application will be required for Board review.
§ 198-120 Hospitals, nursing homes, philanthropic or eleemosynary uses and municipal recreation.
A.
Permitted areas of use. Hospitals, nursing homes, philanthropic or eleemosynary uses shall be permitted in any residential and business zone district where the general criteria of Subsection C are met.
B.
C.
General criteria.
(2)
The minimum lot frontage shall be 200 feet.
(3)
Building coverage shall not exceed 40%.
(4)
All buildings or structures erected to house or serve these uses shall be set back a minimum of 60 feet from any property line.
(5)
Building height shall not exceed 30 feet.
(6)
The minimum setback requirements shall be increased one foot for each foot the building exceeds the maximum building height limit established for the zone district in which it is located.
D.
Special considerations.
(1)
In its evaluation and review of the site plan, the Planning Board shall consider the impact of the facility upon the established character of the surrounding neighborhood.
(2)
The Planning Board shall find that the proposed facility, by the nature of its siting, will not adversely affect the safe and comfortable enjoyment of property rights or the value of the adjacent properties.
(3)
The Planning Board shall review means of access and egress, internal traffic patterns, placement of accessways and projected traffic volumes for both scheduled and special events to determine the impacts on streets providing access to the facility.
(4)
The Board shall determine that the facility to be operated is, in fact, required by an established and documented need and will further the general welfare of both the residents of the City of Brigantine and general public of the region.
§ 198-121 Public utilities.
A.
Permitted areas of use. Public utility uses, such as high-voltage (in excess of 69 kilovolts) transmission lines and towers, substations and telephone exchanges and telephone exchanges, shall be permitted in any zone district where the general criteria of Subsection C are met.
B.
Site plan requirements.
(1)
An application to construct or expand such a public utility shall be filed with the Planning Board in accordance with § 198-12, Site plan details.
(2)
The application for development shall include an operational plan describing in full detail the method and means of operating the facility.
(3)
A statement of need shall be furnished to the Board for its review.
D.
Special considerations.
(1)
The Planning Board shall find that the proposed facility, by the nature of its siting, will not adversely affect the safe and comfortable enjoyment of property rights or the value of the adjacent properties. All high-voltage transmission towers shall have at least a 100-foot buffer area from any residential home.
(2)
The Planning Board shall find, based on information furnished by the public utility in question, that the proposed installation in the specific location is necessary for the convenient and efficient operation 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. The public utility must have considered and presented to the Board other options or methods for the delivery of said utility services.
(3)
The design of any building or structure erected in connection with a public utility installation shall conform to the general character of the neighborhood in which it is located.
(4)
The utility installation shall be furnished with safety devices and features as required to adequately protect the general public.
(5)
The facility shall be maintained by the utility responsible for its operation to sufficient standards so as to eliminate any visual impact during the lifetime of its use.
§ 198-122 Home occupations.
A.
Purpose and intent. It is the intent of this section of this chapter to permit certain limited and suitable occupations to be conducted entirely within residential dwellings solely by the residents thereof for the purpose of earning income for these residents. The uses are clearly incidental and secondary to the use of the building as a residence, and they must not change, in any way, the residential character of the zone and neighborhood and/or exert an adverse effect upon other residents of the zone.
B.
Permitted home occupations.
(1)
The following are permitted home occupations, provided that they do not violate any of the provisions of Subsection D, Criteria:
(a)
Dressmaking, sewing and tailoring.
(b)
Painting, sculpturing or writing.
(c)
Home crafts, such as model making, weaving and lapidary work.
(d)
Educational tutoring, limited to two students at one time.
(e)
Music instruction, limited to one student at one time.
(f)
Computer programming.
(g)
Home professional service. (Only permitted on Brigantine Avenue and Bayshore Avenue.)
(h)
Offices for off-site tradesman owned and operated businesses.
(2)
Any home occupation not included above and not prohibited below shall be considered a conditional use and must apply to the Planning Board for approval prior to the start of said use.
C.
Prohibited home occupations. The following are prohibited as home occupations.
(1)
Barbershops, beauty salons, nail salons, manicurists, and pedicurists.
(2)
Animal hospitals, veterinarian offices, animal grooming, kenneling and training facilities.
(3)
Dancing studios, photography studios and sound studios.
(4)
Mortuaries, taxidermy.
(5)
Nursery schools, babysitting service, day-care centers except as permitted by state statute.
(6)
Private clubs.
(7)
Repair shops including but not limited to any repairs of a mechanical nature and any jewelry repair.
(8)
Restaurants.
(9)
Automobile repair or paint shop.
(10)
Marine equipment sales or repairs.
(11)
Sales of any products that have not had value-added modifications and/or changes made to the original materials. Repackaging shall not be considered as value added.
(12)
Spiritual advisors, fortune tellers, palm or card readers or other such occupations.
(13)
Taxicab businesses, parking of taxicabs or dispatching of taxicabs.
(14)
Any retail business.
(15)
Piercing parlors, tattoo parlors or similar uses.
(16)
Retail service establishment unless explicitly stated above as permitted.
(17)
Retail trade establishments unless explicitly stated above as permitted.
(18)
Escort services and massage parlors.
D.
Criteria. All home occupations shall meet the following criteria. See Subsection B for permitted home occupations:
(1)
The activity is conducted in such a manner that will not alter the normal residential character of the premises and in no way be a nuisance to the adjoining residences. This means that there shall be no outside storage or window display, there shall be no advertisement and/or informational signs, there shall be no dust, odors, noxious fumes or vibrations emanating from the premises and mechanical or electronic equipment which is incidental to the home occupation may be used, provided that it would not create visible or audible interference in radio and/or television receivers or cause fluctuations in line voltage off the premises, and shall not exceed five kilowatts.
(2)
The proposed home occupation does not generate greater traffic volumes than would normally be expected in a residential neighborhood. This means no delivery of materials or commodities to and from the premises. This also means no parking of customers' or clients' vehicles except for home professional services. Only one commercial vehicle, owned by the practitioner and related to the occupation, may be parked on the premises at any time and shall not exceed a curb weight of 4,000 pounds when fully loaded and may not be parked on any public street, alley, cul-de-sac or other right-of-way.
(3)
Only merchandise or stock in trade sold, repaired or displayed and used in the performance of the home occupation shall be stored on site and entirely within the residential structure. Merchandise and/or stock and other materials shall not be shipped to any other location under the control or owned by home occupation operator.
(4)
The home occupation does not increase water or sewer use so that combined total use for the dwelling and home occupation is more than the average for residences in the neighborhood.
(5)
The home occupation shall be conducted only by members of the family residing in the dwelling. Persons in building trades or similar fields, using their homes or apartments as an office for business activities carried on off the premises, may have other employees, provided that they are not employed on the premises and they do not visit the residence during the course of business. Employees shall not report to the residence for work orders or other business reasons. No materials, supplies or equipment to be used at other locations can be stored at the residence in which the home occupation is operated. The home occupation shall serve one client at a time.
(6)
Home occupations shall occupy no more the 300 square feet of residence space and shall be located on the lowest habitable floor level.
(7)
Home occupations shall comply with all other municipal, county or state regulations pertinent to the activity pursued.
(8)
Home occupations may only be conducted between the hours of 9:00 a.m. and 9:00 p.m.
(9)
Home occupations may only be conducted in single-family residences.
(10)
Home occupations may only be conducted by the owner of the property and his/her family.
(11)
Home professional services shall only be allowed on Brigantine and Bayshore Avenues.
§ 198-123 Private residential marinas.
A.
Purpose and intent. It is the intent of this section of this chapter to maintain the residential character of existing waterfront properties while allowing private enjoyment of the back bays, thoroughfares and waterways of Brigantine for those residents and their guests abutting the water's edge. As the basic nature of the City is water-oriented, it is the purpose of the following sections to ensure the maximum freedom of boating uses, water sports and recreational activities, including public access to the water, while protecting the individual resident from unnecessary noise and intrusions into private areas due to over-intense marina uses, commercial activities and function.
B.
Permitted areas of use. A private residential marina is a permitted conditional use in all residential zone districts, where the tract or lot adjoins or abuts a navigable waterway.
C.
General criteria. All private residential marinas shall meet the following criteria:
(1)
Docks, piers and other mooring facilities, whether floating or fixed, shall be legally recognized by the New Jersey Department of Environmental Protection and the Army Corps of Engineers through the issuance of a waterfront development permit for the construction and maintenance of the structure under the currently enforced rules and regulations of either or both agencies.
(2)
The size and the extension of any dock or pier shall be limited to that required for the intended use.
(3)
All docks and piers shall be constructed and maintained in such a manner that will not degrade the waterfront environment, conflict with the existing residential character or infringe on the scenic values of the back bays.
(4)
Bulkheads shall be constructed in accordance with the applicable building codes at the mean high-water line. Wherever possible, bulkheads shall be structurally tied into adjacent shoreline protection structures.
(5)
All docks and piers shall be sited so as not to hinder navigation or the public use of the waterways.
(6)
All docks and piers shall be designed and constructed so that alterations of the natural productive potential of the intertidal zone and littoral habitat is minimized.
(7)
The intended use of a private residential marina shall be for the sole use and enjoyment of the occupant or owner of the uplands property and their guests; therefore, the number of permanent or seasonal mooring berths shall be limited to one berth for each bedroom within the principal residential use.
(8)
An additional off-street parking space shall be required for each berth over two.
(9)
Maintenance and repair work on any watercraft shall be limited to a type that can be normally done while the vessel is in the water, although nominal boating maintenance can include repair activities, such as scraping, sanding and painting, which are normally land-based.
D.
Approval of private residential marinas. Upon presentation of the required state and federal waterfront development permits, the Building Inspector shall issue a local building permit, if the general criteria in Subsection C have been met. Private residential marinas shall not require Planning Board review unless requested by the Building Inspector.
§ 198-124 Automobile service stations.
A.
Permitted areas of use. Automobile service stations shall be permitted in any business zone where such use is specifically permitted.
B.
Site plan requirements.
(1)
An application to construct or expand an automobile service station shall be filed with the Planning Board in accordance with § 198-12, Site plan details.
(2)
The site plan shall also show the following information:
(a)
The number and location of fuel tanks to be installed.
(b)
The dimensions and capacity of each storage tank.
(c)
The depth each tank will be placed below the finished grade.
(d)
The number and location of the fuel pumps or dispensers to be installed.
(e)
The type of structure and accessory buildings to be constructed.
(f)
The maximum number of automobiles that can be garaged or stored on-site.
C.
General criteria.
(1)
The minimum lot area for an automobile service station shall be 30,000 square feet.
(2)
The minimum lot frontage shall be 150 feet.
(4)
Landscaping shall be provided in accordance with Article XII, Landscaping, Buffers and Open Space Design.
(5)
The entire area of the site dedicated to the travel movement, parking or storage of automobiles shall be paved according to the minimum requirements of this chapter.
(6)
Site coverage shall not exceed 60%.
(7)
Except for gasoline or oil sales, changing of tires and other similar minor automobile servicing, all other repair work shall be performed in a fully enclosed building.
(8)
No automobile or any other vehicle shall be offered for sale, lease or rent while parked or stored on-site.
(9)
No automobile or vehicle shall be permitted to be standing or parked on the premises other than those used by the employees in the direct or indirect operation of the automobile service establishment. This shall not prohibit the temporary parking of automobiles actually serviced on the premises, including the overnight parking of a maximum of two vehicles per service bay.
(10)
All fuel pumps or dispensers shall be located a minimum of 25 feet from any street right-of-way or property line and shall be manned and operated by an attendant during operating hours. All fuels shall be stored underground.
(11)
Not more than two vending machines, whether or not coin-operated, shall be located outside the principal building. These machines shall be subject to the bulk requirements of the zone district in which the use is located.
(12)
Accessory goods for sale, if located outside the principal building, shall be located either on the fuel pump island or the building island. The outdoor display of oil cans and/or antifreeze and similar products shall be permitted on these islands only if contained within suitable metal stands or racks. Tires shall only be stored inside the principal building or in the waste materials area.
(13)
Any outdoor storage of waste materials or supplies shall be in a shielded location but suitable for containerized collection and within an area screened adjacent to the building or fenced to a height of not less than six feet. The area of this enclosure shall not exceed 120 square feet and shall be set back a minimum of 25 feet from any residentially zoned property or street right-of-way line opposite a residential zone.
(14)
No waste material whatsoever shall be discharged into any watercourse or storm drainage system unless specifically permitted by a state or federal permit.
D.
Special considerations.
(1)
In its evaluation and review of the site plan, the Planning Board shall consider the impact of the structure upon the established character of the surrounding neighborhood in respect to size, location, building materials, architectural style and massing.
(2)
The Planning Board shall review means of access and egress, internal traffic patterns, placement of accessways and projected traffic volumes to determine the impacts on streets serving the automobile service station.
§ 198-125 Dry-cleaning establishments.
A.
Permitted areas of use. Dry-cleaning establishments are prohibited from operating in an area within 500 feet of any residential structure or of any establishment which sells, prepares, dispenses, stores or handles food in any manner.
B.
Discharge of toxic wastes. No toxic waste material from a dry-cleaning establishment shall be discharged into any watercourse or any sanitary sewer line except in accordance with existing state, county or municipal requirements and regulations.
C.
Right to inspect the premises. The City of Brigantine, at its discretion, shall have the right to inspect the premises of a dry-cleaning establishment for compliance with toxic waste regulations.
§ 198-126 Amusement devices.
A.
Purpose. The purpose and intent of this section of this chapter is to regulate and control amusement devices which are operated for the purpose of making a profit so as to prevent nuisances to patrons and the public, safety hazards from overcrowding and poor access to premises where amusement devices are located and to discourage the promotion of gambling and loitering or the creation of an unhealthy atmosphere for the youth of the community or other foreseeable, undesirable effect from such devices.
B.
Permitted zone districts. Any business offering the use of amusement devices to the public shall be prohibited in all zone districts, except that such use shall be permitted as a conditional use within the B-6 Zone District.
C.
Additional site plan requirements. In addition to compliance with all area and bulk requirements for the applicable zone district and the requirements for site plan approval as provided herein, an applicant who wishes to operate such a business shall submit plans and specifications, prepared and certified by a licensed professional engineer or architect of the State of New Jersey, which show proposed improvements to both the interior and exterior of the premises and, in addition, drawings of the exterior elevation of that part of the premises accessible to the public. Such plans and drawings shall provide sufficient details to demonstrate compliance with the following requirements:
(1)
All amusement devices shall be permitted only on the first floor of the premises, and the plans shall show the proposed number, type and location of each amusement device.
(2)
Each amusement device shall be located so as to provide a three-foot perimeter of open space around the three linear borders of each device.
(3)
A five-foot-wide aisle shall be located between each row of amusement devices.
(4)
No amusement device shall be located within 10 feet of any entrance to the premises.
(5)
There shall not be permitted more than one amusement device for each 100 square feet of net floor area in the premises.
(6)
Sufficient window area shall be provided on the exterior frontage of that portion of the premises accessible to the public so as to permit a view through such windows of all mechanical devices operated within the premises.
D.
Location of amusement device businesses. No business offering the use of amusement devices to the public shall be permitted within any zone district if such premises are located within 250 feet of any residential property or within 500 feet of any church or public or private school. In addition, no such business shall be permitted within 800 feet of any other business offering amusement devices to the public.
E.
Accessory uses. No other principal or accessory uses shall be permitted within the same premises as a business offering use of amusement devices to the public.
F.
Parking requirements. There shall be one vehicle parking space provided for each four amusement devices to be provided on the premises, and, in addition, two bicycle parking spaces shall be provided for each five proposed amusement devices. The applicant shall be required to provide a bicycle parking facility which shall be permanently affixed to the ground and constructed of steel pipe in a manner approved by the City Engineer.
G.
Hours of operation. No business offering the use of amusement devices to the public shall be permitted to operate between the hours of 12:00 midnight and 9:00 a.m.
H.
Supervision of premises. During hours of operation, such businesses must be supervised at all times by at least one adult who shall be employed by the applicant and who shall be responsible for supervision, maintenance and operation of the premises. At least one such individual shall be present on the premises during all hours of operation.
I.
Rest room facilities. A minimum of two rest rooms shall be provided within the premises, one to be designated for each gender.
§ 198-127 Wind energy conservation systems.
A.
Permitted areas of use. Wind energy conservation systems (WECS) shall be permitted in any residential and business zone district where the general criteria of Subsection D are met.
B.
Site plan requirements. Building permit applications for a wind energy conservation system shall be accompanied by a site plan drawn in sufficient detail to clearly show the following information:
(1)
Property lines and lot dimensions.
(2)
Location, dimension and type of existing structures and uses on the site.
(3)
Location and elevation of the proposed wind energy conservation system.
(4)
Location of all aboveground utility lines on-site within one radius of the total height of the wind energy conservation system.
(5)
Zoning designation of the adjacent properties within a 200-foot radius of the subject property.
C.
Building permit requirements. Building permit applications shall be accompanied by standard drawings of the structural components of the wind energy conservation system, including support structures, tower, base and foundation. Drawings shall be signed and sealed by a professional engineer licensed in the State of New Jersey.
D.
General criteria.
(1)
Each wind energy conservation system shall be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor.
(2)
The maximum level of noise generated by a wind energy conservation system shall not exceed 50 decibels, as measured on the DBA scale, measured at the nearest property line.
(3)
The wind energy conservation system shall be located in the rear yard only and shall be set back a minimum of one rotor radius plus five feet from any property line.
(4)
A wind energy conservation system shall have a minimum allowable height of 40 feet and a maximum allowable height of 80 feet, unless otherwise prohibited by any applicable state or federal statute. The minimum distance between the ground and any part of the rotor or blade of the wind energy conservation system shall be a minimum of 20 feet, as measured from the lowest point of the arc of the blade.
(5)
The following items shall be certified by the manufacturer in writing:
(a)
That the wind energy conservation system has operated safely in atmospheric conditions for a period of not less than three months.
(b)
That the wind energy conservation system has a minimum survival wind speed of 90 miles per hour.
(c)
That the wind energy conservation system has provided energy not less than the equivalent of 25% of the predicted annual energy output under a 12 miles per hour annual wind regime.
(d)
That the wind energy conservation system and all accompanying electrical equipment conforms to the 1981 National Electrical Code.
§ 198-127.1 Mixed Use - Commercial and Residential.
A.
The area and bulk requirements in the Lighthouse One District are:
(1)
Maximum height (measured from BFE): 35 feet (Principal);
(2)
Minimum lot area: 6,000 square feet;
(3)
Minimum lot depth: 100 feet;
(4)
Minimum lot width: 60 feet;
(5)
Minimum lot frontage: 60 feet;
(6)
Maximum building coverage: 60%;
(7)
Maximum impervious coverage: 80%;
(8)
Minimum front yard: five feet;
(9)
Minimum side yard: 10 feet;
(10)
Minimum rear yard: 20 feet;
(11)
Maximum density (dwelling units per acre): 1 DU/A.
B.
All parking for the residential component of any mixed use shall be provided in accordance with the Residential Site Improvement Standards (RSIS).