Long Branch City Zoning Code

Zone boundary lines are intended to follow the center line of the streets, railroad, rights-of-way, streams and lot or property lines as they existed on March 15, 1989, unless such zone boundary lines are fixed by dimensions shown on the Zoning Map.

Where boundary lines are not fixed by dimensions and where they approximately follow lot lines and where they do not scale more than 10 feet distant therefrom, the lot lines shall be construed to be such boundaries unless specifically shown otherwise.

Where a zone boundary or permitted use classification under the Design Guidelines divides a single lot or two separate lots under common ownership where the development of one such lot independently under applicable development regulations would result in the elimination of access to a public street from the other lot, the location of such boundary, unless the same is indicated by dimensions shown on the Map, shall be determined by the following: In the event that the boundary line of a zone or permitted use classification under the Design Guidelines shall divide a lot or two lots under common ownership between the front or street line and the rear line, the use regulations, height and area regulations of the zone in which lies the portion of the lot or lots abutting a public street shall govern and control the entire lot or lots. In the event that the boundary line of a zone or permitted use classification under the Design Guidelines shall divide a lot or two lots under common ownership between the side lines thereof, the use regulations and height and area regulations of the zone in which lies the greater portion of the lot or lots abutting a public street shall govern and control the entire lot or lots. In the further event that the boundary line of the zone or permitted use classification under the Design Guidelines shall divide a corner lot or two corner lots under common ownership in any manner, the property line thereof containing the lesser distance abutting either public street shall be considered as the front or street, line of such lot for the purpose of application of the foregoing rules.

Where application of this section results in permitting a use on a lot in a zoning district or redevelopment sector use classification area that would not otherwise be a permitted use in such zoning district or redevelopment area or sector use classification area, or results in application of different bulk standards than otherwise would have been applicable, same shall not constitute use or bulk variances and shall not require an ordinance amendment or, if applicable, notwithstanding Section 345-82E hereof, an amendment to a redevelopment plan but shall be deemed permitted uses and governing bulk standards by application of this section.

Where application of this section results in any technical nonconformity of an adjacent lot or lots owned by a party not seeking the benefit of this section that was previously developed in accordance with any applicable City approval, or any alterations or additions to such properties subsequently approved by the City, same shall not be deemed a nonconformity and the owner of such adjacent lot or lots shall not be required to address any such technical nonconformity. For example, if application of this section results in development of a residential use in a commercial zone next to an existing commercial development, the existing commercial development would not be required to provide for a larger buffer as may otherwise have been required between the commercial and residential uses.

An owner of two lots seeking to develop such lots jointly under this section based upon common ownership and the inability to develop one lot without eliminating a public street access to the other lot will be required, as a precondition of the Planning Board hearing a development application, to merge such lots.