Brigantine City Zoning Code
ARTICLE VIII
Regulations Applicable to All Zones
§ 198-61 Compliance required.
A.
New construction or renovation. No building or structure shall be erected or constructed, and no existing building or structure shall be moved, structurally altered, rebuilt, added to or enlarged unless it is in conformance with the applicable sections for the zone district in which it is located and all necessary permits, including a zoning permit, have been obtained.
B.
Land use. No land shall be used for any purpose other than those included among the uses listed as permitted uses in the applicable zone district described in this chapter and shall meet the specific requirements herein.
C.
Yards and open space. Any open space contiguous to any building shall not be encroached upon or reduced in any manner, except in conformity with the yard, lot area, building setbacks, building and site coverage, off-street parking areas and all other regulations specified for the zone district in which it is located.
D.
Nonconformance. In the event of any unlawful encroachment or reduction, such building, structure or use shall be deemed to be in violation of this chapter, and the development permit and any other permits shall become null and void.
E.
No structure in any commercial or residential zone shall contain a mix of residential and commercial uses unless specifically permitted by this chapter.
§ 198-62 Prohibited uses.
A.
Any use not specifically permitted in a zoning district established by this chapter is hereby expressly prohibited from the district.
B.
In addition, the following uses and activities shall be specifically prohibited in any zone district in the City of Brigantine:
(1)
Sexually oriented businesses as defined in N.J.S.A. 2C:34-2 within 1,000 feet of any church, synagogue, temple or other place of worship, any school or school bus stop, any beach or playground or any area zoned for residential use.
(2)
Signs and advertisements: all billboards, signboards, advertising signs or devices not expressly related to the business being conducted on the premises or otherwise specifically permitted by this chapter.
(3)
Mobile homes: trailers, mobile homes or houses, trailer sales or servicing, trailer camps, trailer parks or courts and trailer coach parks.
(4)
Houseboats: residential houseboat facilities and residential use of houseboats. Nothing in this chapter shall prevent the use of recreational boating facilities for one overnight accommodation, so long as such overnight accommodations are not used for temporary or permanent residential use.
(5)
Camping structures: tents or other temporary structures for either sleeping or dwelling purposes, as well as camping activities, either temporarily or permanently in trailers, tents or other temporary or mobile structures.
(6)
Warehousing: wholesale, storage or warehouse facilities or uses except for governmental uses deemed necessary and approved by the Planning Board or City Council.
(7)
Mining activities: extractive or surface-stripping activities such as gravel pits, topsoil or turf removal.
(8)
Off-shore support facilities: all on-shore supply bases, docks, warehouses, fabrication or storage areas used in connection with the exploration, development, extraction, transmission or transportation of oil or natural gas.
(9)
Public nuisance: any use which may be noxious or a nuisance due to the emission of excessive or objectionable amounts of dust fumes, noise, odor, smoke, vibration or waste products, as stated in Chapter 216, Noise.
(10)
Intercept or satellite parking lots: any parking lot or area designed solely for the purpose of accommodating automobiles, buses or any other vehicles not directly associated with a permitted use in the zone district.
(11)
Any business engaged primarily in check cashing or like activity that is not a financial institution.
(12)
Spiritual advisors, fortune tellers, palm or card readers, phrenologists, mediums, clairvoyants, soothsayers, reader-advisors or other such occupations; any piercing parlors, tattoo parlors or similar uses; escort services, massage parlors or other similar uses.
(13)
Any piercing parlors, tattoo parlors or similar uses.
(14)
Escort services, massage parlors or other similar uses.
C.
General prohibited uses. The following uses are prohibited:
(1)
Roadside or sidewalk stands of any sort.
(2)
Auctions or auction markets except for auctions of real estate or other foreclosure activities if otherwise permitted by law and auctions conducted by the City of Brigantine pursuant to statute.
(3)
Auto scrap metal or other junkyards.
(4)
Gambling, gaming, bookmaking, or other similar criminal activities.
§ 198-63 General regulations.
A.
Street frontage. Every principal building shall be built upon a lot with frontage on a public street which has either been improved to meet City standards or for which such improvements have been insured by the posting of a performance guaranty pursuant to the provisions of Article III, Development Application Review and Approval Procedures.
B.
Conflict with the Master Plan or Official Map. Where a lot has frontage upon a street where the Master Plan or Official Map has proposed a widening of the existing right-of-way, the front yard shall be measured from the proposed right-of-way.
C.
(Reserved)
D.
Corner lots.
(1)
On all corner lots, the front yard shall be determined by the following methods:
(a)
The small dimension shall be considered the primary lot frontage on regularly shaped lots and the front yard setback from that line.
(b)
Secondary front yards are permitted a setback of 15 feet. Should parking be proposed within this front yard, a minimum of an 18-foot setback must be provided.
(c)
On an irregularly shaped lot, primary frontage shall be considered the smaller dimension either along the right-of-way line or building setback line as measured at the required front yard setback for that zone district.
(d)
On a lot having equal dimension along both street right-of-way lines, primary lot frontage shall be considered as that on the more heavily traveled street.
(e)
The rear yard or rear lot line shall be that yard or line opposite and most distant from the primary lot frontage.
(f)
The rear yard on corner lots, in all zones, shall be a minimum of 10 feet.
(2)
The yard opposite the secondary front yard, considered a side yard in this subsection, shall meet the required setback and building separation requirements of the particular zone in which the parcel is located.
E.
Accessory buildings.
(1)
No accessory building shall be permitted in any required front yard area.
(2)
Accessory buildings attached to a principal building shall comply in all respects with the yard requirements of this chapter for principal buildings.
(3)
Detached accessory buildings shall be located to the rear of the front building line of the principal building and, if located in a side yard area, shall conform to the side yard requirements of this chapter.
(4)
No more than one accessory structure shall be allowed per lot.
(5)
Accessory structures shall be set back a minimum of 25 feet from a front property line.
(6)
Accessory structures shall have a minimum distance of five feet from the principal structure on the property.
(7)
Existing accessory structures that do not conform to the current bulk requirements must be removed when the principal structure is removed.
(8)
Accessory structures shall not be used for residential or living purposes.
F.
Principal buildings. No residential lot shall have erected upon it more than one principal building.
H.
Displays. Business structures or uses shall not display goods for sale or coin-operated vending machines of any type in any location which would encroach upon required yard areas specified in this chapter.
I.
Artificial lighting.
(1)
No artificial lights shall be used by any building or on any premises which, because of intensity, location, color or any other factor, disturb the comfort, health or safety of those residing, working or using public property, including streets within the range of those lights.
J.
Temporary buildings. Temporary buildings and structures for use incidental to construction work shall be permitted in all zones, provided that such buildings are removed upon completion or abandonment for 30 days of the construction work.
K.
Solid waste disposal. The dumping of refuse, solid waste material or other similar substances is prohibited within the City of Brigantine. Any waste disposal necessary in connection with all new construction, remodeling, renovation and/or additions shall complete a document available at the Bureau of Inspections stating the name of the disposal dump location. No building permit is to be issued until this information is provided in writing.
L.
Placement of fill.
(1)
Only inorganic matter may be used for the purpose of fill in order to establish grades. All fill material shall conform to New Jersey State Highway Department Standard Specifications for Road and Bridge Construction: Division 2, Earthwork, Section 4, Borrow excavation used as fill.
(2)
A permit shall be obtained by the owner or developer from the Construction Official prior to the placement of five or more cubic yards of approved fill material on any property to be developed.
M.
Essential services. Nothing in this chapter shall preclude the construction, operation and maintenance of public utility, transmission, distribution or collection systems in any zone for water, gas, telephone, or electric service subject to the conditions of this chapter. Such systems may include systems of poles, wires, underground pipes, conduits, ducts and transformation equipment, including substations and appurtenances, necessary for the transmission and/or distribution of the commodity or service rendered by the public utility to its customers.
N.
Decks. No decks will be permitted in any zone which in anyway extend from or are attached to peaked roof.
O.
Roof decks above the third floor. Roof deck controls shall apply to all residential structures in zones where roof decks are permitted and must conform to the following design standards.
(1)
Maximum area. Roof deck area shall not exceed 20% of the horizontal roof area within which it is located or 200 square feet, whichever is less.
(2)
Setbacks. The roof deck and all required railing shall be set back a minimum of four feet from all exterior walls of the building.
(3)
A roof deck shall not be higher than 14 inches above the primary roof eave elevation or the maximum roof eave elevation of that portion of the building upon which the roof deck is located, whichever is less.
(4)
No other structure or accessory is permitted above a roof deck, including, without limitation, awnings anchored or otherwise, canopies, pergolas or other structures permanent or temporary.