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Brigantine City Zoning Code

ARTICLE VI

Business Zone Regulations

§ 198-48 Intent.

It is the intent of this article governing commercial uses to maintain the character and vitality of the existing business districts in the City, while encouraging their development and enhancement as set forth in the Master Plan adopted November 2001.

§ 198-49 Business use matrix.

The following matrix and schedule provide a summary of the permitted commercial, residential, accessory uses and conditional uses in the business districts. Uses which are not specifically set forth in this section are considered prohibited uses and shall not be permitted unless otherwise permitted by this chapter, with the exception of municipal uses, municipal facilities and municipal recreation facilities which are permitted to be placed by the Brigantine City Council in any zone.
Business Use Matrix
Uses
Zone District
B-1A
B-1
B-2
B-3
B-6
Commercial Uses
Hotels
N/A
P
N/A
N/A
P
Automobile body and repair shops
N/A
P
N/A
N/A
N/A
Automobile sales facility
N/A
N/A
N/A
N/A
N/A
Banks
P
P
N/A
P
P
Bars
N/A
P
N/A
P
P
Boardinghouses
N/A
N/A
N/A
N/A
N/A
Drugstores
P
P
N/A
P
N/A
Funeral Homes
N/A
P
N/A
N/A
N/A
Amusement Facilities
N/A
N/A
N/A
N/A
N/A
Laundromats
N/A
P
N/A
N/A
N/A
Lodges
P
P
N/A
N/A
N/A
Marinas, commercial
N/A
P
P
N/A
P
Marinas, private club/yacht club
N/A
N/A
P
N/A
P
Motels
N/A
P
N/A
N/A
P
Retail food establishments
P
P
N/A
P
N/A
Retail trade establishments
P
P
P
P
P
Retail service establishments
P
P
N/A
P
N/A
Restaurants
P
P
N/A
P
P
Restaurants, carryout
P
P
N/A
P
P
Restaurants, fast-food
N/A
P
N/A
P
N/A
Shopping centers
N/A
N/A
N/A
P
N/A
Taxicab storages, repairs
N/A
P
P
P
N/A
Specialty food stores
N/A
P
N/A
P
P
Supermarkets
N/A
P
N/A
P
N/A
Theaters
N/A
P
N/A
P
N/A
Accessory Uses
Parking lots
P
P
P
P
P
Parking garages
P
P
N/A
P
P
Accessory building
P
P
P
P
P
Fences
P
P
P
P
P
Signs
P
P
P
P
P
Residential Uses
One-family dwelling
N/A
N/A
P
N/A
P
Three-family dwelling
N/A
N/A
N/A
N/A
N/A
Four-family dwelling
N/A
N/A
N/A
N/A
N/A
Garden apartments
N/A
N/A
N/A
N/A
N/A
Townhouses
N/A
N/A
N/A
N/A
N/A
Conditional Uses
Automobile service stations
N/A
C
N/A
N/A
N/A
Amusement facilities
N/A
N/A
N/A
N/A
C
Churches
N/A
C
C
C
C
Home Occupations
N/A
N/A
C
N/A
C
Hospitals, municipal facilities
C
C
C
C
C
Mixed-use, commercial and residential
C
C
N/A
N/A
N/A
Public utility facilities
N/A
C
C
P
C
Recreational facilities
N/A
C
C
C
C
Two-family dwelling
N/A
N/A
C
N/A
N/A
NOTES:
P = Permitted use
C = Conditional use
N/A = Not allowed

§ 198-51 B-1 Schedule of Bulk Requirements.

The B-1 Schedule of Bulk Requirements, comprised of area and bulk requirements and minimum yard and setback requirements, is as follows:
Uses
Lot Frontage
(feet)
Lot Area
(square feet)
Lot Depth
(feet)
Building Coverage
(percent)
Site Coverage
(percent)
Building Height
(feet)
Automobile body and repair shop
200
20,000
100
40
60
30
Banks
100
10,000
100
40
60
30
Bars
100
10,000
100
40
60
30
Drugstores
200
20,000
100
40
60
30
Funeral Homes
200
20,000
100
40
60
30
Laundromats
100
10,000
100
40
60
30
Lodges
100
10,000
100
40
60
30
Marinas, commercial
200
20,000
100
40
60
30
Motels/hotels
200
20,000
100
40
60
30
Retail food establishments
80
7,200
90
40
60
30
Retail trade establishments
50
4,500
90
40
60
30
Retail service establishments
50
4,500
90
40
60
30
Restaurants
200
20,000
100
40
60
30
Restaurants, carryout
100
10,000
100
40
60
30
Restaurants, fast-food
200
20,000
100
40
60
30
Specialty food stores
50
4,500
90
40
60
30
Super-markets
200
20,000
100
40
60
30
Theaters
200
40,000
200
40
60
30
Conditional Uses
Automobile service stations
150
30,000
200
40
60
30
Churches
200
40,000
200
40
60
30
Hospitals
200
40,000
200
40
60
30
Public utility
100
10,000
200
40
60
30
Recreational facility
200
40,000
100
40
60
30
Residential Uses
Single-family (where permitted)
50
4,500
90
40
60
35
Minimum Yard and Setback Requirements
Uses
Front Yard
(feet)
Rear Yard
(feet)
Side Yard
(feet)
Second Side Yard
(feet)
Accessory Building
(feet)
Automobile body and repair shop
20
15
5
5
5
Banks
20
15
5
5
5
Bars
20
15
5
5
5
Drugstores
20
15
5
5
5
Funeral Homes
20
15
5
5
5
Laundromats
20
15
5
5
5
Lodges
20
15
5
5
5
Marinas, commercial
20
15
5
5
5
Motels/hotels
20
15
5
5
5
Retail food establishments
20
15
5
5
5
Retail trade establishments
20
15
5
5
5
Restaurants
20
15
5
5
5
Restaurants, carryout
20
15
5
5
5
Restaurants, fast-food
20
15
5
5
5
Specialty food stores
20
15
5
5
5
Super-markets
20
15
5
5
5
Theaters
20
15
5
5
5
Conditional Uses
Automobile service stations
20
20
20
20
10
Churches
20
20
20
20
10
Hospitals
60
60
60
60
10
Public utility
20
20
20
20
10
Recreational facility
60
60
60
60
10
Single-family (where permitted)
20
20
3
7
5
NOTES:
(1)
Within the B-1 District, freestanding commercial signs are permitted in accordance with the following standards:
(a)
Signs shall not exceed 30 square feet, measured on one side;
(b)
Such signs may be internally or directly lit;
(c)
Such signs shall be limited to 15 feet in height or no higher than the highest part of the principal building on the site, whichever is lower;
(d)
The sign shall be set back a minimum of 10 feet from the street right-of-way and shall not intrude into any sight triangles for driveways or adjacent streets.

§ 198-51.1 Affordable Housing Overlay - B1 (AHO-B1) Zone.

A. 
Purpose.
(1) 
The purpose of the Affordable Housing Overlay B1 (AHO-B1) overlay zone is to create an incentive to redevelop property for inclusionary development. The tract may be developed at a density of 20 units per acre. The density is predicated on a set-aside for affordable housing (low- and moderate-income housing). If the affordable units are for sale, the set-aside shall be 20%. If the affordable units are for rent, the set-aside shall be 15%.
B. 
Designated overlay area.
(1) 
The AHO-B1 Zone will encompass a portion of the B1 (Business) Zone. This District will be the focus of an overlay zone with residential uses over existing commercial. This zone contains an existing commercial retail and service uses that is located along Atlantic-Brigantine Boulevard and is listed on the Tax Map as Block 3701, Lots 1-9 and Block 3702, Lots 1-9. The overlay zone at this location will provide for up to three residential floors above the existing or new commercial uses. There will be a 15% set-aside for affordable family rental units with 13% of the affordable units for very-low-income households. The underlying B1 Zone, its permitted uses, area and bulk requirements shall remain unchanged unless the overlay district option for Affordable Housing is implemented by the property owner(s) or developer.
C. 
Permitted uses.
(1) 
Mixed use, commercial first floor with residential above.
D. 
Schedule of area and bulk requirements.
(1) 
Lot area. The minimum lot area shall be based on the underlying B-3 lot size requirements.
(2) 
Lot frontage. The minimum frontage shall be based on the underlying B-3 lot frontage requirements.
(3) 
Perimeter setbacks. The minimum perimeter setback shall be based on the minimum setbacks as outlined in the underlying B-3 District.
(4) 
Density: 20 dwelling units per acre.
(5) 
Public service. Every residential and commercial unit shall be served by public water and sanitary sewer, which, if required, shall be installed by and at the expense of the developer.
(a) 
The developer shall install, at his sole expense, the following minimum site improvements: streets, accessways, off-street parking areas, sidewalks, street lighting, storm drainage facilities, landscaping and open space areas. These improvements shall be installed in accordance with this chapter unless a specific waiver is granted as provided for within the applicable standards or requirements. Whenever a developer is required to place catch basins as part of an approval, the Planning Board shall, in its discretion, require the developer to pay for and place a sign at each such catch basin setting forth the requirements and penalties of §§ 220-23 to 220-26 of the Code of the City of Brigantine.
(b) 
All utilities shall be installed underground within the mixed-use development. These utilities shall include but not be limited to gas, television cable, telephone, and electric.
(6) 
Parking.
(a) 
On-site parking for the residential component of the development in accordance with the Residential Site Improvement Standards (RSIS).
(b) 
Parking for the commercial aspect of the development shall be provided in accordance with the City of Brigantine on-site parking requirements.
(7) 
Solid waste disposal areas.
(a) 
All trash compactors, bins and areas of refuse storage and recyclable storage areas shall be located in a common area and in such a manner to be screened from the general view of the public and must comply with all other ordinances of the City of Brigantine including any ordinance in reference to dumpsters.
(b) 
Solid waste disposal areas shall be fully accessible to service vehicles.
(c) 
Solid waste disposal areas shall be maintained in a clean and orderly condition at all times.
(d) 
Solid waste disposal areas shall be designed of a durable material consistent with the architectural theme of the development.
(e) 
Disposal area and all facilities shall be provided and maintained by the owner of the development.
(8) 
Public safety considerations.
(a) 
All multifamily developments shall address the following public safety issues within the application for development:
[1] 
Emergency access routes for police, fire and ambulance.
[2] 
Emergency access routes for police, fire and ambulance vehicles.
[3] 
Architectural techniques utilized to enhance the security of the development's occupants.
(b) 
All public safety facilities located in a project shall be kept unobstructed by parking and/or any other type of storage. No parking spaces shall be placed to obstruct access as approved by the Fire Chief and/or Police Chief of the City of Brigantine.

§ 198-51.2 B-1A Schedule of Bulk Requirements.

The area and bulk requirements for permitted uses in the B-1A Zone shall be the exact same requirements as required for those same uses in the B-1 Zone. Some uses permitted in the B-1 Zone are prohibited in the B-1A Zone.

§ 198-51.3 Affordable Housing Overlay - B1A (AHO-B1A) Zone.

A. 
Purpose.
(1) 
The purpose of the Affordable Housing Overlay B1A (AHO-B1A) overlay zone is to create an incentive to redevelop property for inclusionary development. The tract may be developed at a density of 20 units per acre. The density is predicated on a set-aside for affordable housing (low- and moderate-income housing). If the affordable units are for sale, the set-aside shall be 20%. If the affordable units are for rent, the set-aside shall be 15%.
B. 
Designated overlay area.
(1) 
The AHO-B1A Zone will encompass a portion of the B1A (Business) Zone. This District will be the focus of an overlay zone with residential uses over existing commercial. This zone contains an existing commercial retail store (former CVS Store) that is located along Brigantine Avenue and is listed on the Tax Map as Block 806, Lot 1. The overlay zone at this location will provide for up to three residential floors with the potential of parking underneath the structure. There will be a 15% set-aside for affordable family rental units with 13% of the affordable units for very-low-income households. The underlying B1A Zone, its permitted uses, area and bulk requirements shall remain unchanged unless the overlay district option for Affordable Housing is implemented by the property owner(s) or developer.
C. 
Permitted uses.
(1) 
Multifamily dwellings.
D. 
Schedule of area and bulk requirements.
(1) 
Lot area. The minimum lot area shall be 24,000 square feet.
(2) 
Lot frontage. The minimum frontage shall be based on the underlying B1A lot frontage requirements.
(3) 
Perimeter setbacks. The minimum perimeter setback shall be based on the minimum setbacks as outlined in the underlying B1A District.
(4) 
Density: 20 dwelling units per acre.
(5) 
Public service. Every residential and commercial unit shall be served by public water and sanitary sewer, which, if required, shall be installed by and at the expense of the developer.
(a) 
The developer shall install, at his sole expense, the following minimum site improvements: streets, accessways, off-street parking areas, sidewalks, street lighting, storm drainage facilities, landscaping and open space areas. These improvements shall be installed in accordance with this chapter unless a specific waiver is granted as provided for within the applicable standards or requirements. Whenever a developer is required to place catch basins as part of an approval, the Planning Board shall, in its discretion, require the developer to pay for and place a sign at each such catch basin setting forth the requirements and penalties of §§ 220-23 to 220-26 of the Code of the City of Brigantine.
(b) 
All utilities shall be installed underground within the mixed-use development. These utilities shall include but not be limited to gas, television cable, telephone, and electric.
(6) 
Parking.
(a) 
On-site parking for the residential component of the development in accordance with the Residential Site Improvement Standards (RSIS).
(7) 
Solid waste disposal areas.
(a) 
All trash compactors, bins and areas of refuse storage and recyclable storage areas shall be located in a common area and in such a manner to be screened from the general view of the public and must comply with all other ordinances of the City of Brigantine including any ordinance in reference to dumpsters.
(b) 
Solid waste disposal areas shall be fully accessible to service vehicles.
(c) 
Solid waste disposal areas shall be maintained in a clean and orderly condition at all time.
(d) 
Solid waste disposal areas shall be designed of a durable material consistent with the architectural theme of the development.
(e) 
Disposal area and all facilities shall be provided and maintained by the owner of the development.
(8) 
Public safety considerations.
(a) 
All multifamily developments shall address the following public safety issues within the application for development:
[1] 
Emergency access routes for police, fire and ambulance vehicles.
[2] 
Architectural techniques utilized to enhance the security of the development's occupants.
(b) 
All public safety facilities located in a project shall be kept unobstructed by parking and/or any other type of storage. No parking spaces shall be placed to obstruct access as approved by the Fire Chief and/or Police Chief of the City of Brigantine.

§ 198-52 B-2 Schedule of Bulk Requirements.

The Schedule of Bulk Regulations for the B-2 District is as follows:
B-2 Schedule of Bulk Requirements Area and Bulk Requirements
Uses
Lot Frontage
(feet)
Lot Area
(square feet)
Lot Depth
(feet)
Building Coverage
(percent)
Site Coverage
(percent)
Building Height
(feet)
Commercial Uses
Marina Commercial
100
10,000
100
40
60
25
Marina private club/yacht club
100
10,000
100
40
60
25
Retail trade establishment
100
10,000
100
40
60
25
Residential Uses
Single-family
50
4,500
90
40
60
35*
Two-family (conditional use)
60
5,400
90
40
60
35
*
No such single-family dwelling shall be permitted to have a fourth floor.
Minimum Yard and Setback Requirements
Uses
Front Yard
(feet)
Rear Yard
(feet)
Side Yard
(feet)
Second Side Yard
(feet)
Accessory Building
(feet)
Marina, commercial
20
20
7
3
3
Marina, private club/yacht club
20
20
7
3
3
Retail trade establishment
20
20
7
3
3
Residential Uses
Single-family
20
20
7
3
3
Two-family
20
20
10
5
3
Notes:
(1)
Bulk requirements and setback requirements for conditional uses which are permitted in the B-2 Zone shall be the same as set forth for said conditional uses in the B1 and B1A Zones.
(2)
There shall be a minimum of 10 feet between buildings on adjacent lots unless setback requirements require a greater distance. An 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.

§ 198-53 B-3 Schedule of Bulk Requirements; additional requirements.

The B-3 Schedule of Bulk Requirements, comprised of area and bulk requirements and minimum yard and setback requirements, is as follows:
B-3 Schedule of Bulk Requirements Area and Bulk Requirements
Uses
Lot Frontage
(feet)
Lot Area
(square feet)
Lot Depth
(feet)
Building Coverage
(percent)
Site Coverage
(percent)
Building Height
(feet)
Shopping Centers
700
453,600
500
45
75
30
Banks
150
30,000
200
40
60
30
Restaurants
200
40,000
200
40
75
30
Public utilities
75
30,000
200
40
60
30
Note: Public utilities setbacks to all lot lines are 20 feet.

§ 198-54 Affordable Housing Overlay - B3 (AHO-B3) Zone.

A. 
Purpose.
(1) 
The purpose of the Affordable Housing Overlay B3 (AHO-B3) overlay zone is to create an incentive to redevelop property for inclusionary development. The density is predicated on a set-aside for affordable housing (low- and moderate-income housing). The affordable units will be for rent, the set-aside shall be 15%.
B. 
Designated overlay area.
(1) 
The AHO-B3 Zone will encompass a portion of the B3 (Business) Zone. This District will be the focus of an overlay zone with residential uses over existing commercial. This zone contains a shopping area (Town Center) that is located between Harbor Beach Boulevard, 38th Street, Bayshore and Amhurst Avenue (Block 3804, Lot 1). The overlay zone at this shopping center will provide for three residential floors above commercial. There will be a 15% set-aside for affordable family rental units with 13% of the affordable units for very-low-income households. The underlying B-1 zone, its permitted uses, area and bulk requirements shall remain unchanged unless the overlay district option for Affordable Housing is implemented by the property owner(s) or developer.
C. 
Permitted uses.
(1) 
Mixed use, commercial first floor with residential above.
D. 
Schedule of area and bulk requirements.
(1) 
Lot area. The minimum lot area shall be based on the underlying B-1 lot size requirements.
(2) 
Lot frontage. The minimum frontage shall be based on the underlying B-1 lot frontage requirements.
(3) 
Perimeter setbacks. The minimum perimeter setback shall be based on the minimum setbacks as outlined in the underlying B-1 District.
(4) 
Public service. Every residential and commercial unit shall be served by public water and sanitary sewer, which, if required, shall be installed by and at the expense of the developer.
(a) 
The developer shall install, at his sole expense, the following minimum site improvements: streets, accessways, off-street parking areas, sidewalks, street lighting, storm drainage facilities, landscaping and open space areas. These improvements shall be installed in accordance with this chapter unless a specific waiver is granted as provided for within the applicable standards or requirements. Whenever a developer is required to place catch basins as part of an approval, the Planning Board shall, in its discretion, require the developer to pay for and place a sign at each such catch basin setting forth the requirements and penalties of §§ 220-23 to 220-26 of the Code of the City of Brigantine.
(b) 
All utilities shall be installed underground within the mixed-use development. These utilities shall include but not be limited to gas, television cable, telephone, and electric.
(5) 
Parking.
(a) 
On-site parking for the residential component of the development in accordance with the Residential Site Improvement Standards (RSIS).
(b) 
Parking for the commercial aspect of the development shall be provided in accordance with the City of Brigantine on-site parking requirements.
(6) 
Solid waste disposal areas.
(a) 
All trash compactors, bins and areas of refuse storage and recyclable storage areas shall be located in a common area and in such a manner to be screened from the general view of the public and must comply with all other ordinances of the City of Brigantine including any ordinance in reference to dumpsters.
(b) 
Solid waste disposal areas shall be fully accessible to service vehicles.
(c) 
Solid waste disposal areas shall be maintained in a clean and orderly condition at all time.
(d) 
Solid waste disposal areas shall be designed of a durable material consistent with the architectural theme of the development.
(e) 
Disposal area and all facilities shall be provided and maintained by the owner of the development.
(7) 
Public safety considerations.
(a) 
All multifamily developments shall address the following public safety issues within the application for development:
[1] 
Emergency access routes for police, fire and ambulance vehicles.
[2] 
Architectural techniques utilized to enhance the security of the development's occupants.
(b) 
All public safety facilities located in a project shall be kept unobstructed by parking and/or any other type of storage. No parking spaces shall be placed to obstruct access as approved by the Fire Chief and/or Police Chief of the City of Brigantine.

§ 198-55 B-6 Schedule of Bulk Requirements.

The B-6 Schedule of Bulk Requirements, comprised of area and bulk requirements and minimum yard and setback requirements, is as follows:
B-6 Schedule of Bulk Requirements Area and Bulk Requirements
Uses
Lot Frontage
(feet)
Lot Area
(square feet)
Lot Depth
(feet)
Building Coverage
(percent)
Site Coverage
(percent)
Building Height
(feet)
Banks
100
10,000
100
40
60
30
Bars
100
10,000
100
40
60
30
Marinas, commercial
80
8,000
100
40
60
30
Marinas, private club
80
8,000
100
40
60
30
Motels/hotels
80
8,000
100
40
60
30
Retail trade establishments
90
8,000
100
40
60
30
Restaurants
80
8,000
100
40
60
30
Restaurants, carryout
80
8,000
100
40
60
30
Specialty food stores
80
8,000
100
40
60
30
Single-family
50
5,000
100
40
60
35
B-6 Schedule of Bulk Requirements Area and Bulk Requirements
Uses
Lot Frontage
(feet)
Lot Area
(square feet)
Lot Depth
(feet)
Building Coverage
(percent)
Site Coverage
(percent)
Building Height
(feet)
Accessory Structure
Floor area smaller than 120 square feet
12
Floor area 120 to 432 square feet
15
Minimum Yard and Setback Requirements
Uses
Front Yard
(feet)
Rear Yard
(feet)
Side Yard
(feet)
Second Side Yard
(feet)
Accessory Building
(feet)
Banks
20
20
10
10
15
Bars
20
20
10
10
15
Marinas, commercial
20
20
10
10
15
Marinas, private club
20
20
10
10
15
Motels/hotels
20
20
10
10
15
Retail trade establishments
20
20
10
10
15
Restaurants
20
20
10
10
15
Restaurants, carryout
20
20
10
10
15
Specialty food stores
20
20
10
10
15
Single-family
20
20
10
5
See below
Accessory structure
Floor area smaller than 120 square feet
3
3
Floor area 120 to 432 square feet
5
5
NOTES:
1.
No such single-family dwelling shall be permitted to have a fourth floor.

§ 198-56 Regulations applicable to all commercial districts.

The following notes are applicable to the commercial district schedules in this article:
A. 
Commercial structures may be set back a minimum of five feet from the street line or the average of the setbacks within the block on the same side of the street, whichever is greater, if such setback is given Board approval and will conform with the commercial district in which the commercial structure is located.
B. 
Individual commercial uses in the B-3 District shall not be subject to the area and bulk requirements or minimum yard and setback requirements in § 198-53, when included as an integral part of a shopping center.
C. 
No structure in any commercial or residential zone shall contain a mix of residential and commercial uses unless specifically permitted by this chapter.
D. 
The maximum height of accessory uses for residential dwellings shall be 15 feet.
E. 
Awnings extending from any principal building shall be considered part of such building and shall meet all applicable setback requirements. Retractable awnings may extend a maximum of 20 feet onto the front yard setback, or to the property line.