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Brigantine City Zoning Code

ARTICLE V

Residential Zone Regulations

§ 198-35 Intent.

It is the intent of this article governing residential use to implement the recommendations of the November 2001 Master Plan as set forth therein and in §§ 198-2 and 198-2.1.

§ 198-36 Residential use matrix.

The following matrix and schedule provide a summary of the permitted uses, accessory uses and conditional uses in residential districts throughout the City of Brigantine. Uses not specifically set forth in this section are considered prohibited and shall not be permitted in any residential district unless otherwise set forth in this chapter, with the exception of municipal uses, municipal facilities, and municipal recreational facilities which are permitted to be placed by the Brigantine City Council in any zone.
Residential Use Matrix
Zone District
R-1
R-2
R-2A
R-3
R-3B
R-4
R-5
R-6
R-7
R-8
Permitted Uses
One-family dwelling
P
P
P
P
P
P
N/A
P
P
P
Three-family dwelling
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Four-family dwelling
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Garden apartment
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Townhouses
N/A
N/A
N/A
N/A
N/A
N/A
P
P
P
N/A
Hotel/Motel
N/A
N/A
N/A
N/A
N/A
P
N/A
N/A
P
N/A
Marinas
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
P
Garages, private residential
P
P
P
P
P
P
P
P
P
P
Storage sheds
P
P
P
P
P
P
P
P
P
P
Fences
P
P
P
P
P
P
P
P
P
P
Signs
P
P
P
P
P
P
P
P
P
P
Public utility
P
P
P
P
P
P
P
P
P
P
Conditional uses
Churches
P
P
P
P
P
P
P
P
P
P
Recreational facilities
P
P
P
P
P
P
P
P
P
P
Hospital
P
P
P
P
P
P
P
P
P
P
Public utility installation
P
P
P
P
P
P
P
P
P
P
Parking lots
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Retail service establishments
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Restaurant/Bar
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Lodges
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Two-family
N/A
N/A
N/A
C
C
C
N/A
C
N/A
C
P = permitted
N/A = not permitted
C = conditional
All uses not listed above are prohibited uses in the respective zones. The prohibitions contained in this section are not all inclusive. Each use must comply with any and all requirements as set forth in other sections of this Municipal Land Use Ordinance and in the Municipal Land Use Law of the State of New Jersey.

§ 198-37 Two-family dwellings as conditional uses.

A. 
Two-family dwellings shall be permitted as conditional uses in the following zones and must be granted conditional use approval from the Planning Board of the City of Brigantine.
(1) 
R-3.
(2) 
R-3B.
(3) 
R-4.
(4) 
R-6.
(5) 
R-8.
(6) 
B-2.
B. 
The following conditions shall be applicable to all two-family dwellings except as modified by § 198-37C below:
(1) 
Minimum lot frontage: 60 feet.
(2) 
Minimum lot depth: 90 feet.
(3) 
Minimum front yard depth: 20 feet.
(4) 
Minimum rear yard setback: 20 feet.
(5) 
One side yard setback: 10 feet.
(6) 
Second side yard setback: five feet.
(7) 
Minimum lot area: 5,400 feet.
(8) 
Maximum building height: 35 feet.
(9) 
Maximum building coverage: 40%.
(10) 
Maximum site coverage: 60%.
(11) 
All side yard and rear yard setbacks for accessory buildings: five feet.
(12) 
Maximum height of accessory buildings: 15 feet.
(13) 
Conformity with all other applicable requirements of this chapter and the Municipal Land Use Law of the State of New Jersey including but not limited to all parking requirements.
(14) 
In its evaluation and review, the Planning Board shall consider the impact of the use and structure upon the established character of the surrounding neighborhood.
C. 
Notwithstanding anything to the contrary, the conditions set forth above shall apply to two-family dwellings in the R-6 Zone with the following modifications:
(1) 
Minimum lot area: 6,000 feet.
(2) 
Minimum lot depth: 100 feet.

§ 198-38 R-1 Schedule of Bulk Requirements.

A. 
The Schedule of Bulk Requirements for the R-1 Residential District is as follows:
R-1 Residential Zone Regulations Schedule of Bulk Requirements.
Use
Requirement
One-Family Dwellings
Minimum lot area (square feet)
6,000
Minimum lot frontage (feet)
60
Minimum lot depth (feet)
100
Principal Building Yard Requirements
Minimum front yard setback (feet)
20
Minimum rear yard setback (feet)
20
One side yard setback (feet)
10
Second side yard setback (feet)
5
Maximum height (feet)
35
Maximum building coverage
40%
Maximum site coverage
60%
Accessory Building Yard Requirements
Accessory structures with floor area smaller than 120 square feet
Side and rear yard setbacks (feet)
3
Maximum height (feet)
12
Accessory structures with floor area of 120 square feet to 432 square feet:
Side and rear yard setbacks (feet)
5
Maximum height (feet)
15
NOTES: With the exception of duplexes and bed-and-breakfast establishments, conditional uses permitted in the R-1 Zone or any residential zone will have the same bulk requirements as those set forth for conditional uses in the B-1 Zone.

§ 198-39 R-2 and R-2A Schedule of Bulk Requirements.

A. 
The Schedule of Bulk Requirements for the R-2 Residential District is as follows:
R-2 Schedule of Bulk Requirements
Use
Requirement
One-Family Dwellings
Minimum lot area (square feet)
4,500
Minimum lot frontage (feet)
50
Minimum lot depth (feet)
90
Principal Building Yard Requirements
Minimum front yard setback (feet)
20
Minimum rear yard setback (feet)
20
One side yard setback (feet)
7
Second side yard setback (feet)
3
Maximum height (feet)
35
Maximum building coverage
40%
Maximum site coverage
60%
Accessory Building Yard Requirements
Accessory structures with floor area smaller than 120 square feet
Side and rear yard setbacks (feet)
3
Maximum height (feet)
12
Accessory structures with floor area of 120 square feet to 432 square feet:
Side and rear yard setbacks (feet)
5
Maximum height (feet)
15
NOTES:
(1)
On lots with rear yards that abut the golf course, the rear yard setback for first-floor decks may be reduced to 10 feet, but may not be higher than elevation 10.3 based on N.A.V.D. 1988 Datum, and for second- and third-floor decks may be reduced to 15 feet. All rear yard decks must comply with the side yard setbacks as established in the zone.
(2)
On lots with rear yards that abut the golf course, golf ball protective netting is allowed up to 20 feet in height along rear and side yards. All netting must be at least 25 feet from the front property line and one foot in from the rear and side property lines. All netting shall be professionally designed and constructed for appearance and wind load.
B. 
The schedule of bulk requirements for the R-2A Residential District is as follows:
R-2A Schedule of Bulk Requirements
Use
Requirement
One-Family Dwellings
Minimum lot area (square feet)
5,400
Minimum lot frontage (feet)
60
Minimum lot depth (feet)
90
Principal Building Yard Requirements
Minimum front yard setback (feet)
20
Minimum rear yard setback (feet)
20
One side yard setback (feet)
10
Second side yard setback (feet)
5
Maximum height (feet)
35
Maximum building coverage
40%
Maximum site coverage
60%
Accessory Building Yard Requirements
Accessory structures with floor area smaller than 120 square feet
Side and rear yard setbacks (feet)
3
Maximum height (feet)
12
Accessory structures with floor area of 120 square feet to 432 square feet:
Side and rear yard setbacks (feet)
5
Maximum height (feet)
15

§ 198-40 R-3 Schedule of Bulk Requirements.

The Schedule of Bulk Requirements for the R-3 Residential District is as follows:
R-3 Schedule of Bulk Requirements
Use
Requirement
One-Family Dwellings
Minimum lot area (square feet)
3,600
Minimum lot frontage (feet)
40
Minimum lot depth (feet)
90
Principal Building Yard Requirements
Minimum front yard setback (feet)
20
Minimum rear yard setback (feet)
20
One side yard setback (feet)
7
Second side yard setback (feet)
3
Maximum height (feet)
35
Maximum building coverage
40%
Maximum site coverage
60%
Accessory Building Yard Requirements
Accessory structures with floor area smaller than 120 square feet
Side and rear yard setbacks (feet)
3
Maximum height (feet)
12
Accessory structures with floor area of 120 square feet to 432 square feet:
Side and rear yard setbacks (feet)
5
Maximum height (feet)
15

§ 198-42 R-3B Schedule of Bulk Requirements.

The Schedule of Bulk Requirements for the R-3B Residential District is as follows:
R-3B Schedule of Bulk Requirements
Use
Requirement
One-Family Dwellings
Minimum lot area (square feet)
4,500
Minimum lot frontage (feet)
50
Minimum lot depth (feet)
90
Principal Building Yard Requirements
Minimum front yard setback (feet)
20
Minimum rear yard setback (feet)
20
One side yard setback (feet)
7
Second side yard setback (feet)
3
Maximum height (feet)
35
Maximum building coverage
40%
Maximum site coverage
60%
Accessory Building Yard Requirements
Accessory structures with floor area smaller than 120 square feet
Side and rear yard setbacks (feet)
3
Maximum height (feet)
12
Accessory structures with floor area of 120 square feet to 432 square feet:
Side and rear yard setbacks (feet)
5
Maximum height (feet)
15
NOTES:
(1)
The lot depth in the R-3B District along Atlantic-Brigantine Boulevard abutting St. George's Thorofare may be reduced to a minimum of 72 feet to meet the requirements of the New Jersey Department of Environmental Protection for the placement of bulkheads. No two-family dwellings will be allowed on such lots that have less than 90-foot depth and all building, site coverage and setback requirements shall apply regarding the same.
(2)
Those lots in the R-3B District along Atlantic-Brigantine Boulevard abutting St. George's Thorofare shall be set back a minimum of 35 feet from the front lot line. The front yard shall be subject to a 15-foot-wide easement to provide for a 17-foot-wide marginal access road to serve these lots.
(3)
The rear yard setback for those lots in the R-3B District along Atlantic-Brigantine Boulevard abutting St. George's Thorofare may be reduced to 10 feet as measured from the bulkhead.

§ 198-43 R-4 Schedule of Bulk Requirements, Residential.

A. 
The Schedule of Bulk Regulations for the R-4 Residential Districts is as follows:
R-4 Schedule of Bulk Requirements
Use
Requirement
One-Family Dwellings
Minimum lot area (square feet)
4,050
Minimum lot frontage (feet)
45
Minimum lot depth (feet)
90
Principal Building Yard Requirements
Minimum front yard setback (feet)
20
Minimum rear yard setback (feet)
20
One side yard setback (feet)
7
Second side yard setback (feet)
3
Maximum height (feet)
35
Maximum building coverage
40%
Maximum site coverage
60%
Accessory Building Yard Requirements
Accessory structures with floor area smaller than 120 square feet
Side and rear yard setbacks (feet)
3
Maximum height (feet)
12
Accessory structures with floor area of 120 square feet to 432 square feet:
Side and rear yard setbacks (feet)
5
Maximum height (feet)
15

§ 198-44 R-4 Schedule of Bulk Requirements, Hotel/Motel.

A. 
The Schedule of Bulk Requirements for the R-4 District, Hotels and Motels, is as follows:
R-4 Schedule of Bulk Requirements
Use
Requirement
Hotel/Motel
Minimum lot area (square feet)
40,000
Minimum lot frontage (feet)
200
Minimum lot depth (feet)
200
Principal Building Yard Requirements
Minimum front yard setback (feet)
25
Minimum rear yard setback (feet)
20
One side yard setback (feet)
20
Second side yard setback (feet)
20
Maximum height (feet)
35
Maximum building coverage
50%
Maximum site coverage
75%
Accessory Building Yard Requirements
All sides and rear setbacks (feet)
15
Height (feet)
15
NOTES:
1.
Hotel/motels as permitted in the R-4 District shall be subject to the sections titled Commercial design standards, Design standards for off-street parking, Landscaping, Buffers and Open Space Design,[1] and any other applicable section of this chapter and the Municipal Land Use Law of the State of New Jersey.
[1]
Editor's Note: See Art. XIV, Commercial Use Design Standards, Art. XI, Off-Street Parking and Art. XII, Landscaping, Buffers and Open Space Design.

§ 198-45 R-5 Schedule of Bulk Requirements.

A. 
The Schedule of Bulk Requirements for the R-5 Residential District is as follows:
R-5 Schedule of Bulk Requirements
Use
Requirement
Townhouses
Minimum lot area (square feet)
174,240
Minimum lot frontage (feet)
250
Minimum lot depth (feet)
200
Principal Building Yard Requirements
Minimum front yard setback (feet)
40
Minimum rear yard setback (feet)
40
One side yard setback (feet)
30
Second side yard setback (feet)
20
Maximum height (feet)
35
Maximum building coverage
20%
Maximum site coverage
40%
Accessory Building Yard Requirements
All sides and rear setbacks (feet)
30
Maximum height (feet)
15
NOTES:
1.
Townhouses as permitted in the R-5 District shall be subject to the requirements of the section titled Multifamily design standards.
2.
Senior citizen housing will be permitted in the R-5 Zone.

§ 198-46 R-6 Schedule of Bulk Requirements.

A. 
The Schedule of Bulk Requirements for the R-6 Residential District is as follows:
R-6 Schedule of Bulk Requirements
Use
Requirement
One Family
Townhouse Parcel
Minimum lot area (square feet)
6,000
174,240
Minimum lot frontage (feet)
60
250
Minimum lot depth (feet)
100
100
Principal Building Yard Requirements
Minimum front yard setback (feet)
20
25
Minimum rear yard setback (feet)
20
25
One side yard setback (feet)
10
25
Second side yard setback (feet)
5
25
Maximum height (feet)
35
35
Maximum building coverage
40%
25%
Maximum site coverage
60%
40%
Accessory Building Yard Requirements
All sides and rear setbacks (feet)
5
25
Maximum height (feet)
15
15
NOTES:
1.
The townhouse requirements in this schedule are applicable to the overall tract; refer to design standards applicable to townhouses for individual townhouse lot requirements.
2.
Townhouses as permitted in the R-6 District shall be subject to the requirements of the section titled Multifamily design standards.[1]
[1]
Editor's Note: See Art. XIII, Multifamily Development Design Standards.

§ 198-46.1 R-7 Schedule of Bulk Requirements.

A. 
The Schedule of Bulk Requirements for the R-7 Residential District is as follows:
R-7 Schedule of Bulk Requirements
Use
One Family
Requirement Hotel/Motel
Townhouse Parcel
Minimum lot area (square feet)
6,000
40,000
174,240
Minimum lot frontage (feet)
60
200
250
Minimum lot depth (feet)
100
200
100
Principal Building Yard Requirements
Minimum front yard setback (feet)
20
25
25
Minimum rear yard setback (feet)
20
20
25
One side yard setback (feet)
10
20
25
Second side yard setback (feet)
5
20
25
Maximum height (feet)
35
35
35
Maximum building coverage
40%
50%
20%
Maximum site coverage
60%
75%
40%
Accessory Building Yard Requirements
All sides and rear setbacks (feet)
5
15
25
Maximum height (feet)
15
15
15
NOTES:
1.
Townhouses as permitted in the R-7 District shall be subject to the requirements of the section titled Multifamily design standards.[1]
2.
Hotels/motels in the R-7 District shall be subject to the requirements of sections titled Commercial design standards, Design standards for off-street parking, Landscaping, Buffers and Open Space Design, and any other applicable section of this chapter and the Municipal Land Use Law of the State of New Jersey.[2]
[1]
Editor's Note: See Art. XIII, Multifamily Development Design Standards.
[2]
Editor's Note: See Art. XIV, Commercial Use Design Standards, Art. XI, Off-Street Parking and Art. XII, Landscaping, Buffers and Open Space Design.

§ 198-46.2 R-8 Schedule of Bulk Requirements.

A. 
The Schedule of Bulk Requirements for the R-8 Residential District is as follows:
R-8 Schedule of Bulk Requirements
Use
Requirement
One Family
Marina
Minimum lot area (square feet)
4,500
10,000
Minimum lot frontage (feet)
50
100
Minimum lot depth (feet)
90
100
Principal Building Yard Requirements
Minimum front yard setback (feet)
20
20
Minimum rear yard setback (feet)
20
20
One side yard setback (feet)
7
10
Second side yard setback (feet)
3
5
Maximum height (feet)
35
30
Maximum building coverage
40%
40%
Maximum site coverage
60%
60%
Accessory Building Yard Requirements
Accessory structures smaller than 120 square feet (feet)
3
3
Accessory structure with floor area of 120 square feet to 432 square feet (feet)
5
5
Maximum height (feet)
15
15
NOTES:
1.
Uses and activities ancillary to a marina shall be allowed on properties where marinas are located in the R-8 District. Such ancillary uses and activities include, but are not limited to, repair of boats, sale of bait, tackle and fishing supplies, sale of marine equipment and motors and sale of food to boaters and visitors.

§ 198-47 Regulations applicable to all residential districts.

A. 
(Reserved)
B. 
Irregular pie-shaped lots.
(1) 
In the case of irregular pie-shaped lots in all residential zones, the minimum lot frontage may be measured at the point and place on said lot where the lot is wide enough to meet the minimum frontage requirements specified in the schedule of bulk requirements for the zone in which the lot is located. This exception will only apply if all other setback and bulk requirements are met using said point and place. This exception shall not apply or be granted for any lot which is less than 40 feet wide at any point.
(2) 
Example. An irregular pie-shaped lot in the R-2 Zone needs 50 feet of lot frontage. If a lot in the R-2 Zone has 43 feet of frontage closest to the street and expands so that it is 125 feet at the rear portion of the lot, the property owner can be given a building permit without need for seeking a variance if the point and place where the lot is 50 feet wide is used as the front yard lot line and all other setback and bulk requirements are met.
C. 
Yard setback encroachments.
(1) 
Eaves or roof overhangs, 10 feet or more above average finished grade, shall not exceed 24 inches. (Note that both side yard setbacks may be encroached.)
(2) 
Chimneys, 10 feet or more above average finished grade, shall not exceed 12 inches in depth and five feet wide in side yard setback. (Note that both side yard setbacks may be encroached.)
(3) 
The following extensions or projections from residential structures are permitted in primary front and rear yards only:
(a) 
Total encroachment of open entry porches and including stairs, not to exceed five feet in depth and 18 feet wide.
(b) 
Chimneys, not to exceed 24 inches in depth and five feet wide.
(c) 
Bay windows, not to exceed 24-inch encroachment.
(d) 
Mechanical equipment and emergency generators in rear yard not to exceed 48 inches encroachment. Mechanical equipment is permitted in rear yards and shall be soundproofed to conform to the local sound ordinance.
(e) 
Decks and porches are to be considered as part of the principal structure unless specifically addressed in other portions of this chapter.
D. 
Height requirements.
(1) 
Church steeples.
(2) 
A chimney, to the extent necessary to comply with Building code requirements.
E. 
All dwellings in the R-1, R-2, R-2A, R-3, R-4, R-5, R-6, R-7, and R-8 districts shall comply with all additional requirements contained in this chapter and the Municipal Land Use Law of the State of New Jersey including any and all parking requirements.
F. 
For any single-family, duplex or townhouse use there shall be no more than three floors of dwelling space and the combined height of all such dwelling space or portions thereof shall not exceed 35 feet. The 35-foot height is to allow more architecturally pleasing houses to be constructed in the City of Brigantine. The increase in height over 30 feet is not designed to allow fourth floor to be added to a dwelling. All dwellings with flat roofs shall be limited to 28 feet in height. Partial flat roofs shall also be limited to 28 feet in height.
G. 
On bayfront lots the rear yard setback for first-floor decks may be reduced to zero feet at the bulkhead. Any first-floor deck which extends to a bulkhead on bayfront lots must be attached to the residential home which exists on said lot. The last 10 feet adjacent to the bulkhead shall be built no higher than elevation 10.3 on N.A.V.D. 1988 Datum. Second- or third-floor rear yard decks may be extended a maximum of 50% of the deck below. This is to allow tiered decks on upper level floors. An example would be the first-floor deck measures 20 feet from the principal to the bulkhead, a second-floor deck would be permitted to extend 10 feet from the principal structure. A subsequent third floor deck would then be permitted to extend five feet from the principal structure. All rear yard decks must comply with the side yard setbacks established in the zone. This section shall be applicable to all bayfront decks within Brigantine.
H. 
There shall be a minimum of 15 feet in R-1, R-2A, R-6 and R-7 Zones with lot width of 60 feet or greater, and 10 feet in all zones with lot width less than 60 feet, between buildings on adjoining lots. Any applicant for a building permit shall have the responsibility to submit a survey or other documentation showing the home/building on contiguous lots are at least the minimum specified feet away from the proposed home/building on applicant's lot.
I. 
For any preexisting lots of record in R-1, R-2A, R-6 and R-7 Zones that have less than 60 feet of frontage and are not owned by the owner of a contiguous lot, the side yard setbacks shall be seven feet on one side and three feet on the other. There shall be a minimum of 10 feet between dwellings on adjoining lots. Any applicant for a building permit shall submit a survey or other documentation showing the home/building on contiguous lots are at least 10 feet away from the proposed home/building on the applicant's lot.
J. 
The side and rear yard setback on an alley will be a minimum of 10 feet. The purpose of this reduction is that since an alley is typically 20 feet wide, it will provide the desired air, light and open space deemed appropriate by the goals of this chapter.