Long Branch, NJ Zoning Ordinance

§ 345-48 Garden apartment projects of 20 or more units.

Area and yard requirements. Area and yard requirements shall be as follows:

(1)

Lot area ratio. In no case shall any structure or development contain more than one dwelling unit per 3,100 square feet of the lot area.

(2)

Lot coverage. Not more than 35% of the lot area shall be occupied by buildings nor more than a total of 60% maximum coverage of all structures, including parking.

(3)

Yards.

(a)

Frontage. The front building line along each street accepted for public maintenance shall not be less than the prescribed standard for each zone in which garden apartments shall have frontage of not less than 200 feet on at least one street accepted for maintenance by the City. The front yard setback shall be in accordance with the requirements of the schedule for the applicable zone.

(b)

Buffer strip. There shall be a buffer strip along the entire perimeter of the property, exclusive of the front yard, of at least 10 feet in width, measured inward from the property line and suitably landscaped with grass and/or ground cover, shrubs and trees.

(c)

Courtyards. Courtyards bounded on three or more sides by the wings of the same building or by the walls of separate buildings shall have a minimum court width of two feet for each one foot in height of the tallest building.

(d)

Buildings prohibited in buffer strip. No buildings, including garages, other accessory structures, interior streets and driveways, parking areas, drying yards or play areas may be located in the buffer strips. Ingress and egress driveways may be permitted in the front yard, but nothing herein contained shall be construed to permit parking areas in the front yard.

(e)

Setback. Every building shall have a minimum setback of 10 feet from all interior development roads, driveways and parking areas.

(f)

Garages. Garages not a part of a garden apartment dwelling structure and accessory buildings shall be located at least 10 feet from the nearest building wall of a garden apartment dwelling structure.

(g)

Proximity to other structures. No garden apartment dwelling structure shall be located within 25 feet of another such structure.

(h)

Garbage collection. Garbage and refuse storage and collection areas shall be provided with each apartment or motel or hotel project in the appropriate numbers and locations to serve the convenience of the residents and/or operation. Such areas shall be screened from view but in suitable locations to permit the use of dumpsters, which shall be required. Such areas shall not be located in any front yard.

Off-street parking. There shall be provided on site two off-street parking spaces for each dwelling unit.

Building requirements.

(1)

The owner and/or builder shall be required to erect no less than 20 dwelling units in the initial phase of construction. No building permits shall be issued for fewer than 20 units, except as an addition to an existing garden apartment dwelling structure, and no occupancy permit shall be issued until such minimum number of units has been completed. Additions to existing apartment units shall be submitted in accordance with the procedure for new applications.

(2)

All buildings shall be not more than 2 1/2 stories and not in excess of 30 feet in height.

(3)

There shall be no dwelling unit below the first floor nor above the second story of any structure with the exception of one dwelling unit for the use of a building superintendent. Fire walls of approved masonry construction shall be provided from the cellar to the roof, separating every two dwelling units. The exterior of the buildings shall be of brick veneer construction.

(4)

(a)

One-bedroom dwelling units and/or efficiency units shall have a minimum of 700 square feet of floor area.

(b)

Two-bedroom dwelling units shall have a minimum of 1,000 square feet of floor area.

(c)

Three-bedroom dwelling units shall have a minimum of 1,500 square feet of floor area.

(5)

There shall be not more than 20 dwelling units in each building or structure.

(6)

In addition to any storage area contained inside individual dwelling units, there shall be provided for each dwelling unit 200 cubic feet of storage area in a convenient, centrally located area in the basement or ground floor of the dwelling structure or elsewhere where personal belongings and effects may be stored without constituting a fire hazard and where the belongings and effects may be kept locked and separated from belongings of other occupants. There shall be a further minimum common storage area in each building for bicycles, perambulators and similar type of equipment of 50 cubic feet per dwelling unit.

(7)

The total number of one-bedroom or efficiency apartments shall not be less than 80% of the entire project.

(8)

Every dwelling unit shall have a front and rear entrance through a full-size door. Such entrance shall lead only to an interior hallway or stairway with ground level outdoor access to a parking lot.

Signs.

(1)

One nonilluminated project identification sign shall be permitted on each public street on which the garden apartment development has frontage and which may bear only the name of the project, the street address and the presence or lack of vacant units. Such sign shall not exceed 12 square feet in area on either side and six feet in height and shall be situated within the property lines but not attached to the building.

(2)

No other signs, other than pedestrian and vehicular directional signs, shall be visible from the premises.

Open space and recreation. (See §§ 345-11X and 345-18.)

§ 345-49 Two- to four-family dwellings.

The minimum lot size and area and yard requirements for one-family homes in the zoning district in which the structure is proposed shall apply. Each dwelling unit in excess of one shall require an additional 15 feet lot frontage and an additional 2,000 square feet of area.

Off-street parking facilities shall be provided on the premises in the rear and side yards, but not in the front yard, of not less than two parking spaces per unit. A parking space shall be no less than nine feet in width and 18 feet in length. There shall be provided on site 2 1/2 parking spaces per dwelling unit.

Each dwelling unit shall contain complete kitchen facilities and toilet, bathing and sleeping facilities, as well as living facilities, and shall have a minimum gross floor area in accordance with the following schedule:

(1)

One-bedroom dwelling units and/or efficiency units shall have a minimum of 600 square feet of floor area.

(2)

Two-bedroom dwelling units shall have a minimum of 800 square feet of floor area.

(3)

Three-bedroom dwelling units shall have a minimum of 1,000 square feet of floor area.

(4)

Four- or more bedroom dwelling units shall have a minimum of 1,500 square feet of floor area.

In addition to any storage area contained inside individual dwelling units, there shall be provided for each dwelling unit 200 cubic feet of storage area in a convenient, centrally located area in the basement or ground floor of the dwelling structure or elsewhere where personal belongings and effects may be stored without constituting a fire hazard and where such belongings and effects may be kept locked and separated from belongings of other occupants. There shall be a further minimum common storage area in each building for bicycles, perambulators and similar types of equipment of 50 cubic feet per dwelling unit.

§ 345-50 Mid-rise apartments.

Permitted accessory uses. Permitted accessory uses shall be as follows:

(1)

Professional offices located within the interior of the mid-rise building, provided that:

(a)

Such offices are located on the first and second floors only.

(b)

A minimum of four off-street parking spaces shall be provided for each office.

(2)

Restaurants, cocktail lounges and places of entertainment shall be permitted on the top floor or roof and below the third floor of the building.

Area and yard requirements.

(1)

Lot area (ratio). In no case shall any structure or development contain more than one dwelling unit per 1,200 square foot of lot area.

(2)

Lot coverage. In no case shall the lot area to be occupied by buildings exceed 35%.

(3)

Yard requirements.

(a)

Each mid-rise apartment structure shall have a front yard having a minimum depth of 50 feet or a depth equal to 1/2 of the height of the building for which the front yard is being measured, whichever is greater. Each mid-rise apartment lot shall have a frontage of not less than 200 feet on at least one street accepted for maintenance by the City.

(b)

Each mid-rise apartment structure shall have a minimum setback from any side lot line or rear lot line a distance of 50 feet or 1/2 of the height of the building for which the side yard is being measured, whichever is greater. There shall be a buffer strip along the entire perimeter of the property exclusive of the front yard, which may be included when measuring required building setback, of at least 10 feet in width measured inward from the property line and suitably landscaped with grass and/or ground cover, shrubs and trees.

(c)

Where more than one mid-rise apartment structure is placed upon a single lot, the minimum distance between such structures shall be a distance equal to the height of the taller of the two buildings for which the separation distance is being measured.

(d)

No buildings, including garages, other accessory structures, interior streets and driveways, parking areas, drying yards or play areas, may be located in the buffer strips. Ingress and egress driveways may be permitted in the front yard, but nothing herein contained shall be construed to permit parking areas in the front yard.

(e)

Every building shall have a minimum setback of at least 10 feet from all interior development, roads, driveways and parking areas.

(f)

Garages and other accessory buildings shall be located at least 20 feet from the nearest building wall of a mid-rise apartment structure.

(g)

At least 25% of the area of the lot on which one or more mid-rise apartment structures are to be erected shall be planted and landscaped as open lawn areas. Up to 1/2 of the required planted and landscaped open lawn area may be provided on the roof of a portion of the structure which is not more than one story in height above the level of any through street abutting the property.

Off-street parking. There shall be provided on site 2 1/2 off-street parking spaces for each dwelling unit.

Building requirements.

(1)

All buildings shall have a maximum height of six stories.

(2)

Each dwelling unit shall contain complete kitchen facilities and toilet, bathing and sleeping facilities, as well as living space, and shall have a minimum gross floor area in accordance with the following schedule, provided that at least 90% of the units shall contain no greater than two bedrooms and not more than 10% of the units shall contain three bedrooms. Units containing more than three bedrooms shall not be permitted.

(a)

One-bedroom dwelling units and/or efficiency units shall have a minimum of 700 square feet of floor area.

(b)

Two-bedroom dwelling units shall have a minimum of 900 square feet of floor area.

(c)

Three-bedroom dwelling units shall have a minimum of 1,200 square feet of floor area.

(3)

Signs.

(1)

One project identification sign shall be permitted and shall not exceed 15 square feet in area on either side and eight feet in height and shall be situated within the property lines but not attached to the building. The sign may include only the name of the project, the street address, the presence or lack of vacancies and the availability of supporting or recreational facilities on the premises.

(2)

No other signs, other than pedestrian and vehicular directional signs, shall be visible from off the premises.

Open space and recreation. (See §§ 345-11X and 345-18.)

§ 345-51 Garden and mid-rise apartments and motels.

See § 345-42D(2) for requirements as to interior road aisle widths.

Parking areas shall be located within reasonable proximity of dwelling units which they serve, and such structures shall be provided with a direct means of entry. Parking stalls shall be nine feet wide by 18 feet in length. Pedestrian walks shall be at least four feet in width and shall have four-inch-thick concrete surface on a cinder or gravel fill and shall be provided wherever normal pedestrian traffic will occur. Parking areas and driveways shall be constructed as herein specified: Grade to an even surface and compact earth with a ten-ton roller, apply four inches of clean stone, compacted with a ten-ton roller and penetrated with a bituminous sealer (OA4) at a quantity of two gallons per square yard, then top with a one-inch layer of asphalt FABC or equivalent.

Sufficient laundry, drying, garbage pickup and other utility areas must be provided and shall be located with a view both to convenience and to minimizing any detrimental effect on the aesthetic character of the development and shall be enclosed and shielded from view by fencing, walls or shrubbery of at least six feet in height around the perimeter. Fencing and walls shall not be less than 30% nor more than 50% open to the vertical surface.

Interior development roads and pedestrian walks shall be provided with shade trees which are of minimum size and character and malls between buildings residents, and border strips along the sides of pedestrian walks shall be graded and seeded to provide a thick stand of grass or other plant material. Approaches to dwelling structures and entrance areas shall be attractively shrubbed.

Topsoil shall not be removed from the site during construction but shall be stored and redistributed to areas most exposed to view by occupants and the public, and such areas shall be stabilized by seeding or planting.

Interior development roads, parking areas, dwelling to entranceways and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same and shall, where necessary, be shielded to avoid disturbing glares to occupants or buildings. Lighting shall be so arranged as to reflect away from all adjoining residential buildings.

The land shall be so graded, paved areas so pitched and storm drains and catch basins so located as to provide rapid runoff of stormwater disturbing to occupants, under the normal range of water conditions, as may be required by the City Engineer.

Other standards and conditions relating to the site plan and to curbing, driveways, parking areas, pedestrian walks, landscaping and planting not otherwise specified herein may be attached as conditions by the Planning Board and further by the City Council in the event that it renders final approval.

Refuse disposal facilities shall be enclosed and removed from sight in addition to meeting the requirements of § 345-48A(3)(h). Dumpster service may be requested by the City at the owner's expense.

When such facilities as air-conditioning units, auxiliary generators and similar equipment are located upon the ground outside of the main structure of any mid-rise apartment, garden apartment or motel complex, these facilities shall be suitably enclosed by masonry walls which complement the principal building or buildings, and the installation shall be in accordance with a site plan approved by the Planning Board and the Board of Adjustment if a variance is necessary before a certificate of occupancy may be issued. When individual air-conditioning units are installed in any mid-rise apartment, garden apartment or motel complex, they shall not extend outward beyond the exterior face of the building adjacent to their location unless they are suitably trimmed so that they blend with and do not detract from the architectural design and appearance of the finished structure.

Open space and recreation. (See §§ 345-11X and 345-18.)

§ 345-52 Additional requirements for hotels/motels in the C-4 Zone District.

[Amended 5-14-1996 by Ord. No. 15-96]

The minimum land area shall be 700 square feet for each hotel or motel occupancy room.

The minimum number of hotel or motel occupancy units in any hotel or motel shall be 50.

The minimum size of any hotel or motel occupancy unit shall be 300 square feet.

The maximum lot coverage by a hotel or motel building shall be 35%.

Off-street parking space shall be provided in the following ratios: one for each hotel or motel occupancy unit; one for each 50 square feet of dining floor area; one for each eight seats in any area for public assembly; one for each two employees of the hotel or motel and any concession or rental space; and one space for every 150 square feet of office area. This subsection may be met by the use of a reasonably remote parking site or as outlined in § 345-42B(5).

Refuse disposal facilities shall be enclosed and hidden from sight from streets. Dumpster service may be requested by the City at the owner's expense.

Where more than one building is to be constructed on a single lot, the distance between them shall be 25 feet or 1/2 the height of the tallest building, whichever is greater.

Any wall of a hotel or motel building which faces a public street shall be architecturally designed as a front wall even when it is not, in fact, a front wall.

Interior roads shall have a minimum width of 12 feet for one-way traffic and 24 feet for two-way traffic, shall be so designed as to minimize hazards to pedestrians and to motor vehicles operated in and on such roads and in areas adjacent to such roads and shall comply with requirements of the City of Long Branch as set forth in Chapter 300, Subdivision of Land.

Parking stalls shall be nine feet wide and 18 feet in length. Pedestrian walks shall be at least four feet in width and shall have four-inch-thick concrete surface on a cinder or gravel fill and shall be provided wherever normal pedestrian traffic will occur. Parking areas and driveways shall be constructed as herein specified: Grade to an even surface and compact earth with a ten-ton roller, apply four inches of clean stone, compacted with a ten-ton roller and penetrated with a bituminous sealer (OA4) at a quantity of two gallons per square yard, then top with a one-inch layer of asphalt FABC or equivalent.

Interior development roads and pedestrian walks shall be provided with shade trees which are of a minimum size and character. Open space adjacent to buildings and malls between buildings to be utilized by residents and border strips along the site of pedestrian walks shall be graded and seeded to provide a thick stand of grass or other plant material.

Interior development roads, parking area, dwelling entranceways and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same and shall, where necessary, be shielded to avoid disturbing glares to occupants or buildings. Lighting shall be so arranged as to reflect away from all adjoining residential buildings.

The land shall be so graded, paved areas so pitched and storm drains and catch basins so located as to provide rapid runoff to stormwater disturbing to occupants, under the normal range of water conditions, as may be required by the City Engineer.

Buildings shall not be closer than 10 feet in interior roads or parking areas.

Area and bulk requirements shall be as specified in § 345-7, except that when 1/2 of the building height exceeds the required front yard, the building height shall be the required front yard setback.[1]

[1]

Editor's Note: Original Section 20-8.6, Additional Requirements for Hotels in the RC-3 Zone District, which immediately followed this subsection, was repealed effective with the adoption of the Oceanfront-Broadway Redevelopment Plan on 5-14-1996 by Ord. No. 15-96.

§ 345-53 Townhouse complexes.

Townhouse complex and parcel requirements.

(1)

The minimum frontage of a townhouse parcel upon a duly-accepted public street, improved at least to the standards of the street specifications of the City of Long Branch, shall be 150 feet.

(2)

Each townhouse structure shall have a front yard, having a minimum depth of 35 feet from the parcel property line. Each townhouse structure shall be set back from any side or rear lot line a minimum distance of 20 feet.

(3)

There shall be not more than 12 townhouse dwelling units per gross acre of townhouse parcel or such lesser density as is specified in the individual zone regulations. In the event that the parcel site to be developed as townhouse dwelling units is less than one gross acre in size, the maximum number of townhouse dwelling units to be developed thereon shall be reduced proportionately. The minimum parcel site to be developed as townhouse dwelling units shall consist of 30,000 square feet.

[Amended 9-24-1996 by Ord. No. 31-96]

(4)

All portions of a townhouse parcel shall be either lotted and sold, offered for dedication to and accepted by the City or put into common ownership pursuant to the Condominium Act of 1970, N.J.S.A. 46:8B-1, or a similar or comparable ownership arrangement consistent therewith.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(5)

Every townhouse dwelling within a complex shall be served by public water and public sanitary sewer, which shall be installed by and at the expense of the developer. In addition, the developer shall install, at his own expense, roads, drives, parking facilities, all-weather pedestrian walkways, streetlights, fire hydrants and any other improvements, such as drainage facilities, as required in accordance with the standards and ordinances of the City of Long Branch, except where specific waiver is granted as provided for within the standards and ordinances of the City of Long Branch.

(6)

All utilities within a townhouse complex shall be installed underground.

(7)

The City shall require all streets or drives within the complex which do not directly implement the proposals or the comprehensive plan or Official Map for the City and do not provide a direct connection between existing streets outside the complex, to be transferred to the ownership of a homeowners' association for maintenance and repairs. Any street transferred to such ownership shall be constructed to the standards of the City of Long Branch for minor streets to a width of not less than 25 feet.

(8)

For purposes of meeting the requirements of 2 1/2 off-street parking spaces per townhouse dwelling unit, it shall be proposed where there is a separate driveway to a townhouse dwelling unit with a garage at the end of the driveway of such townhouse unit to count the garage as one off-street parking space and the driveway leading to the garage as another off-street parking space.

(9)

Wherever medial grass strips or other landscaped areas are proposed which will be visible to the general public within the development, the covenants and/or agreements of the maintenance of such areas by that association shall apply to such areas.

(10)

Lot, yard, area and bulk requirements not otherwise provided for in this section shall be as specified in § 345-7, where applicable.

(11)

Interior development, roads, parking areas and driveways. All interior development and parking areas shall be set back a minimum of 20 feet from any side yard or rear yard property boundary. All interior roads and driveways shall be set back a minimum of 10 feet from any side or rear yard property boundary and an additional 10 feet from any interior development.

(12)

Open space and recreation. (See §§ 345-11X and 345-18.)

Townhouse private areas requirements.

(1)

Each townhouse dwelling unit shall have a private ground area or areas accessible from within the dwelling unit and to adjacent open space, having a total area of at least 400 square feet.

(2)

Each townhouse shall have direct access to common open space or public land or street from either the front or rear. Under no circumstances shall the arrangement of townhouses require the crossing of one townhouse lot or private ground area in order to achieve access to another townhouse.

(3)

No detached accessory buildings shall be permitted within the private ground area. Accessory structures shall be within the private ground area and shall be limited to normal residential activities, such as outdoor barbecues, fireplaces and trellises, not exceeding the height of the fence or wall enclosing the private ground area.

Townhouse structure requirements.

(1)

Not less than three or more than eight townhouse dwelling units shall be contained within any one townhouse structure.

(2)

The front facade of any townhouse structure shall not continue on the same plane for a distance of more than the width of two adjacent units. Offsets between front facade planes shall be at least four feet and not more than 20 feet.

(3)

An overall theme of designs and architectural modes shall be utilized within every townhouse complex for the purpose of presenting an aesthetically desirable effect and shall be such that they provide varied building elevations, design and structural appearance within the context of the overall theme. Identical front facades for townhouse dwelling units shall not be repeated at a closer interval than every third dwelling unit. Each townhouse dwelling unit shall have at least two shade trees.

(4)

The minimum distance between townhouse structures shall be as follows: end to end, 15 feet; end to back, 30 feet; back to back, 50 feet; front to back, 40 feet; front to front, 30 feet; and front to end, 30 feet, measured perpendicular to the walls of the structure. In no event shall one townhouse structure be closer to another townhouse structure, measured at any angle, than 15 feet.

(5)

No townhouse structure shall be located closer than 10 feet to any original townhouse parcel boundary.

(6)

The maximum height of any townhouse structure shall be 35 feet and shall not exceed three stories as measured from the average finished grade immediately adjacent to the structure.

(7)

There shall be two exits for each townhouse structure.

Townhouse dwelling unit requirements.

(1)

The minimum floor area of a townhouse dwelling unit shall be 1,100 square feet for a one-bedroom dwelling and 1,200 square feet for a two-bedroom dwelling, of which at least 600 square feet shall be on the first floor. Each townhouse dwelling unit shall be a minimum of two stories in height.

(2)

No floor area of a room having more than 1/2 of its height below the average finished grade immediately adjacent to the structure shall be countable toward meeting the minimum floor area requirement for dwelling units.

(3)

Every townhouse dwelling unit shall have direct access to the private area which is provided for that dwelling. When fences are to be used, they shall be all uniform and comply with § 345-41.

(4)

Each dwelling unit shall contain complete kitchen facilities and toilet, bathing and sleeping facilities.

(5)

Each dwelling unit shall contain a minimum of 300 cubic feet of storage area. This area may be within the confines of the garage (if one is proposed). The storage may not infringe upon the ten-foot-by-twenty-foot area within the garage designated as the parking space.

(6)

Each dwelling unit shall have a minimum width of 20 feet.

Application procedures.

(1)

At the time of application for a site plan approval as required by § 345-14, the development shall submit plans showing all information required on the application for subdivision classification if individual lots are to be created and to show areas to be used for dwelling units, specifying the location of the various types of dwelling units proposed, the density of the proposed complex, the proposed arrangement of structures, parking and utilities, including drainage facilities, proposed on each lot and in all open space. Typical elevations of all sides of the proposed structure and typical floor plans of proposed dwelling units shall also be submitted. Such plans shall be accompanied by appropriate written information to supplement them as required to provide full information to the City on the proposed complex. Such plans shall also be accompanied by the proposed agreements, covenants and restrictions which will affect the parcel, common areas and lots, to include the provisions for maintenance of open space and common areas and the proposed recourse to be provided to the City in the event of nonperformance of maintenance responsibility. Such plans shall also include a proposed form of the performance bond or bonds to guarantee the completion of all utilities, streets and drainage facilities proposed to be constructed by the applicant. The amount of such bond shall be determined by the procedures which would apply to a major subdivision whether or not subdivision is actually contemplated.[2]

[2]

Editor's Note: See Ch. 300, Subdivision of Land.

(2)

A sketch plan of sufficient detail to show intent may be submitted informally to the Planning Board for discussion purposes prior to formal application for a permit at the discretion of the developer.

(3)

During its review of the proposed townhouse complex, the Planning Board shall determine that the proposal meets all the requirements of this and all other applicable City ordinances and standards and that the design of structures is consistent with the intent of securing thematic architectural designs and treatments and that the site planning is consistent with the intent of creating attractive and usable open space, preserving desirable natural features and tree cover and offering maximum visual protection to adjacent property.

(4)

A certificate of occupancy may be issued upon the completion of each townhouse dwelling structure, provided that the installation of all utilities, all-weather pedestrian walkways, parking areas, roads or other improvements required affecting that particular structure have been completed in a satisfactory manner.

Pending applications and variances.

(1)

All applications for townhouse development filed with the Planning Board or Board of Adjustment prior to the introduction date of this chapter (March 12, 1991) may be continued and decided under those ordinances in effect as of the date of such filing, but any appeals arising out of decisions made on any such application shall be governed by the provisions of such ordinance in effect at the time of such appeal.

(2)

All applicants who were granted variances for townhouse development by the Planning Board or Board of Adjustment prior to the introduction of this chapter, which as a result of the passage of this chapter would have expired as a result of the one-year limitation set forth Chapter 69, Land Use Procedures, § 69-24, Period of limitation, is hereby granted an additional ninety-day period from this date in which to obtain a building permit and comply with § 69-24.

§ 345-54 Modification of standards for senior citizen's housing.

Garden apartment or mid-rise apartment structures may be specified for and restricted to occupancy by senior citizens, as that term may be defined by the United States Department of Housing and Urban Development and the New Jersey Department of Community Affairs. In that event, the following standards shall override and augment the regulations of §§ 345-48 and/or 345-50 and/or 345-51 as appropriate. Except where contradiction or augmentation exists, however, the regulations of those sections shall apply.

No dwelling unit shall contain more than two bedrooms, and at least 80% of all units shall have not more than one bedroom.

Efficiency units shall have a minimum of 500 square feet of floor area.

One-bedroom units shall have a minimum of 650 square feet of floor area.

Two-bedroom units shall have a minimum of 800 square feet of floor area.

No more dwelling units shall be constructed than permitted by the following lot area requirements per unit:

Number of Stories	Lot Area Per Dwelling Unit (square feet)
2 to 5	2,100
6 to 7	1,000

Off-street parking shall be provided on the basis of the number of bedrooms per unit as follows:

(1)

Efficiency units: 0.75 spaces per unit.

(2)

One-bedroom unit: 0.75 spaces per unit.

(3)

Two-bedroom units: 1.00 spaces per unit.

In addition to professional offices, a short-term first aid room or infirmary for minor treatment and short-term resident care may be established on one of the first two floors of a mid-rise apartment.

The architectural design of all buildings shall be consistent with the creation of independent, self-reliant and pleasant living atmosphere for a group of older persons requiring indoor and outdoor privacy, participation in social and community activities and having limited or restricted mobility. As a minimum, 10% of the lot area should be devoted to common recreation area.

All buildings shall be provided with a central heating system for each building or for the entire project, designed with sufficient capacity to maintain a temperature of 75° F. in all bathrooms and of 70° F. in all other habitable rooms.

Each dwelling unit shall have bath facilities, including as a minimum a lavatory, water closet and bathtub or stall shower.

The size of the bathroom and arrangement of the fixtures shall be adequate for the convenient use of the fixtures by older persons. The floor finish shall be impervious to water, have nonslip characteristics and slope inward. The threshold should be flush with the floor.

All plumbing fixtures, accessories and trim shall be selected for and provide the maximum features of design that contribute to the safety, convenience and aid to older persons.

The shower stall will include a built-in seat or bench or sufficient space for a bath stool.

Openable windows operated from across the bathtub will not be permitted.

Ventilation fans shall be also controlled so that they can be operated independently from the lighting. Convenience outlets in the bathroom shall be integrated with electric fixtures. No other convenience outlets will be permitted in the bathroom.

Cooking facilities shall not be of a type exposing open flame.

Every dwelling unit shall be equipped with an emergency signal which transmits to either a central administrative center or to each of two dwelling units.

Ten percent of the floor space shall be used as recreational area, for such purpose as game rooms, dining, television and meeting rooms.

§ 345-55 Waterfront mix residential units.

Waterfront mix residential unit and parcel requirements.

(1)

See § 345-7 for minimum size of tract, boundary line setback, street setback and mixed use concept requirements. The minimum tract size shall be two acres in all zones where permitted (RC-1, RC-2 and C-4).

[Amended 1-9-1996 by Ord. No. 50-95; 5-14-1996 by Ord. No. 15-96; 10-11-2005 by Ord. No. 29-05]

(2)

No section of a building in a waterfront mix residential complex shall be more than four stories high, except that when the four stories are built over one level of ground-level parking or a building lobby area, or required nonresidential uses, this parking level or building lobby area or required nonresidential uses shall not be counted in the number of stories of said complex. Any underground parking level or nonresidential floor area located below the ground floor of the building shall not be counted in the number of stories of said complex.

[Amended 4-10-2007 by Ord. No. 17-07]

(3)

There shall be no less than 10 nor more than 30 waterfront mix residential dwelling units per gross acre of any parcel.

[Amended 1-9-1996 by Ord. No. 50-95]

(4)

All portions of a waterfront mix residential parcel shall be either lotted and sold, offered for dedication to and accepted by the City or put into common ownership pursuant to the Condominium Act of 1970, N.J.S.A. 46:8B-1, or a similar or comparable ownership arrangement consistent therewith.

[Amended 10-27-1998 by Ord. No. 36-98]

(5)

Every waterfront mix residential dwelling within a complex shall be served by public water and public sanitary sewer which shall be installed by and at the expense of the developer, In addition, the developer shall install, at his own expense, roads, drives, parking facilities, all-weather pedestrian walkways, streetlights, fire hydrants and any other improvements, such as drainage facilities, as required in accordance with the standards and ordinances of the City of Long Branch, except where specific waiver is granted as provided for within the standards and ordinances of the City of Long Branch.

(6)

All utilities within a waterfront mix residential complex shall be installed underground.

(7)

The City shall require all streets or drives within the complex which do not directly implement the proposals or the comprehensive plan or Official Map for the City and do not provide a direct connection between existing streets outside the complex to be transferred to the ownership of a homeowners' association for maintenance and repairs. Any street transferred to such ownership shall be constructed to the standards of the City of Long Branch for minor streets to a width of not less than 25 feet.

(8)

For the purposes of meeting the requirements of a minimum of two off-street parking spaces per waterfront mix residential dwelling unit, parking may be provided beneath the unit, underground or in common parking areas or garages.

[Amended 1-9-1996 by Ord. No. 50-95]

(9)

(10)

Lot, yard, area and bulk requirements not otherwise provided for in this section shall be as specified in § 345-7, where applicable.

(11)

Each waterfront mix residential building within the C-4 Zone shall have a minimum front yard setback of 50 feet or 1/2 the height of the building, whichever is greater.

[Added 1-9-1996 by Ord. No. 50-95]

(12)

Each waterfront mix residential building within the C-4 Zone shall have a minimum side/rear yard setback of 20 feet or 1/2 the height of the building, whichever is greater.

[Added 1-9-1996 by Ord. No. 50-95]

(13)

Any waterfront mix residential projects which directly abut the oceanfront shall maintain a minimum of 40% of the oceanside frontage free of residential development.

[Added 1-9-1996 by Ord. No. 50-95]

(14)

Accessory uses/structures may be located in any yard area but cannot be located closer than 10 feet to any property line.

[Added 1-9-1996 by Ord. No. 50-95]

(15)

(16)

Each waterfront mix residential dwelling unit shall have a private ground area or areas accessible from within the dwelling unit and to adjacent open space, having a total area of at least 400 square feet, or, in the alternative, common open space areas may be set out throughout the tract based upon a ratio formula of 400 square feet per dwelling unit, which sum may include for calculation purposes the setback areas in Subsection C(2).

(17)

Any type of residential use shall be permitted; however, a minimum of 40% of the tract must be used for permitted uses other than residential (does not include parking requirements). Nonresidential uses permitted in a waterfront mix residential development complex include beach clubs, neighborhood-oriented retail sales and services, eating and drinking establishments (but not including drive-in restaurants), barber shops, beauty salons, tanning salons, health spas and gymnasiums, day spas, hotels, or any combination thereof. Parking requirements for the nonresidential uses shall be the parking requirements for such uses or similar uses in other zones.

[Amended 10-11-2005 by Ord. No. 29-05; 4-10-2007 by Ord. No. 17-07; 9-26-2017 by Ord. No. 23-17]

(18)

Open space and recreation. (See §§ 345-11X and 345-18.)

(19)

Loading zones required for any nonresidential development in a waterfront mix residential development complex shall be permitted within the front-yard setback, provided it is located at the entrance to the main lobby to the building, and provided sufficient space is provided to allow vehicles to pass a vehicle in such loading zone.

[Added 4-10-2007 by Ord. No. 17-07]

Waterfront mix residential unit structure requirements.

(1)

There shall be no limit as to the number of waterfront mix residential dwelling units that may be contained within any one complex.

(2)

The front facade of any waterfront mix residential structure shall not continue on the same plane for a distance of more than the width of two adjacent units. Offsets between front facade planes shall be at least four feet and not more than 20 feet.

(3)

An overall theme of designs and architectural modes shall be utilized within every waterfront mix residential complex for the purpose of presenting an aesthetically desirable effect and shall be such that they provide varied building elevations, design and structural appearance within the context of the overall theme. Identical front facades for waterfront mix residential dwelling units shall not be repeated at a closer interval than every third dwelling unit. Each waterfront mix residential dwelling unit shall have landscaping throughout which shall be subject to the approval of the Planning Board.

(4)

Height and setback requirements not otherwise provided for in this section shall be as specified in § 345-7, where applicable.

(5)

The number of exits from each waterfront mix residential structure shall comply with the minimum provided in the State BOCA Fire Requirements.

Waterfront mix residential dwelling unit requirements.

(1)

The average minimum floor area of a waterfront mix residential dwelling unit as computed over the total number of units shall be 700 square feet for a one-bedroom dwelling and 1,000 square feet for a two-bedroom dwelling; however, no more than 25% of the total units on the tract may be efficiency-type units. No unit or units may exceed four stories.

(2)

The minimum distance between waterfront mix residential dwelling units shall be as follows: end to end, 15 feet; end to back, 30 feet; back to back, 50 feet; front to back, 40 feet; front to front, 30 feet; and front to end, 30 feet, measured perpendicular to the walls of the structure. In no event shall one waterfront mix residential dwelling unit be closer to another waterfront mix residential dwelling unit, measured at any angle, than 15 feet.

(3)

Each dwelling unit shall contain a minimum of 300 cubic feet of storage area. This area may be within the confines of the garage (if one is proposed) or the covered parking area. The storage may not infringe upon the ten-foot-by-twenty-foot area within the garage designated as the parking space.

Application procedures.

(1)

At the time of application for a site plan approval as required by § 345-14, the development shall submit plans showing all information required on the application for subdivision classification, if individual lots are to be created, and to show areas to be used for dwelling units, specifying the location of the various types of dwelling units proposed, the density of the proposed complex and the proposed arrangement of structures, parking and utilities, including drainage facilities, proposed on each lot and in all open space. Typical elevations of all sides of the proposed structure and typical floor plans of proposed dwelling units shall also be submitted. Such plans shall be accompanied by appropriate written information to supplement them as required to provide full information to the City on the proposed complex. Such plans shall also be accompanied by the proposed agreements, covenants and restrictions which will affect the parcel, common areas and lots, to include the provisions for maintenance of open space and common areas and the proposed recourse to be provided to the City in the event of nonperformance of maintenance responsibility. Such plans shall also include a proposed form of the performance bond or bonds to guarantee the completion of all utilities, streets and drainage facilities proposed to be constructed by the applicant. The amount of such bond shall be determined by the procedures which would apply to a major subdivision, whether or not the subdivision is actually contemplated.[1]

[1]

Editor's Note: See Ch. 300, Subdivision of Land.

(2)

(3)

During its review of the proposed waterfront mix residential complex, the Planning Board shall determine that the proposal meets all the requirements of this and all other applicable City ordinances and standards and that the design of structures is consistent with the intent of securing thematic architectural designs and treatments and that the site planning is consistent with the intent of creating attractive and usable open space, preserving desirable natural features and tree cover and offering maximum visual protection to adjacent property.

(4)

A certificate of occupancy may be issued upon the completion of each waterfront mix residential dwelling unit, provided that the installation of all utilities, all-weather pedestrian walkways, parking areas, roads or other improvements required affecting that particular structure have been completed in a satisfactory manner.

§ 345-56 Scattered site housing.

[Added 7-28-1998 by Ord. No. 22-98]

Definition. As used in this section, the following terms shall have the meanings indicated:

SCATTERED SITE HOUSING

A form of attached owner occupied housing not to exceed two units per structure, which must consist of a minimum of 10 units of proposed project. Said structures may exist on nonadjacent properties; however all initial proposed units/structures must be contained within one Planning Board application.

Application limits.

(1)

Designation as a Scattered Site Housing developer must he obtained from the State of New Jersey Housing Mortgage Finance Agency as administered by the City Office of Economic Development prior to the filing of Planning Board Application.

(2)

A developer must obtain support of the City Council prior to the filing of a Planning Board Application.

(3)

A designated scattered site housing developer may combine permitted R-5 housing types into one proposal, provided that the specific area and bulk requirements for each allowed housing type are met.

[Added 6-12-2001 by Ord. No. 20-01]

Requirements shall be as follows:

(1)

Minimum units per project is a total of 10, with a minimum and maximum of two per structure. Ten additional units may be added to the original project application as an amendment/revision in two-unit increments.

[Amended 1-22-1999 by Ord. No. 7-99]

(2)

Maximum buildout for R-5 Zone: 80 units.

[Amended 6-12-2001 by Ord. No. 20-01]

(3)

Front setback: 25 feet.

(4)

Rear setback: 25 feet.

(5)

Side setback: zero feet to adjoining unit; five feet to adjacent property line.

[Amended 1-22-1999 by Ord. No. 7-99]

(6)

Minimum frontage: 50 feet for every two units.

(7)

Minimum lot depth: 120 feet.

(8)

Minimum lot area: 6,000 square feet for every two units.

[Amended 9-23-1998 by Ord. No. 33-98; 1-22-1999 by Ord. No. 7-99]

(9)

Maximum lot coverage, all structures: 40%.

(10)

Parking requirement: two spaces per unit. (NOTE: A garage is required for each unit and may be considered as one parking space.)

(11)

Maximum height: 35 feet/three stories.

(12)

Minimum unit size: 1,600 square feet.

(13)

Bedrooms: minimum, two; maximum, three. (NOTE: One additional room type from the following will also be allowed and not he considered as a bedroom: den, gym, office, study.)

(14)

Accessory use height: 15 feet maximum height.

(15)

Accessory use setback: 10 feet from all sides/rear property lines. (No accessory uses are allowed in front yard areas.)

(16)

All units must contain garage (attached/detached).

(17)

Storage area: minimum of 300 cubic feet.

(18)

Architectural aesthetics: subject to review by Planning Board Site Plan/Aesthetics Committee.

(19)

Minimum landscaping: two trees per unit.

(20)

All units to be subject to deed restrictions or requirements as approved by the Planning Board. These restrictions and/or requirements, including but not limited to applications to the Building Department for approvals of exterior alterations, such as repair, replacement, resurfacing or painting of areas, including but not limited to roof, siding, windows, doors and trim, will be specifically designed to ensure the future aesthetics and maintenance of the structures in conformance with other scattered sites and scattered site developments or projects throughout the City.

[Added 1-22-1999 by Ord. No. 7-99]

Corner lots.

[Added 1-22-1999 by Ord. No. 7-99]

(1)

The following exceptions are allowed on corner lots:

(a)

Maintain a minimum front yard setback from the narrowest side of the lot fronting on a street.

(b)

Allow a ten-foot setback along the longest lot side fronting on a street.

(2)

The exceptions enumerated in this Subsection D are only permitted if the side elevation on the widest side of the structure located on the longer of the two lot frontages which face a street includes a minimum of one bay or two double hung windows on the first floor and one window for each room on the second and third floors.

Long Branch City Zoning Code

ARTICLE VI

§ 345-48 Garden apartment projects of 20 or more units.

§ 345-49 Two- to four-family dwellings.

§ 345-50 Mid-rise apartments.

§ 345-51 Garden and mid-rise apartments and motels.

§ 345-52 Additional requirements for hotels/motels in the C-4 Zone District.

§ 345-53 Townhouse complexes.

§ 345-54 Modification of standards for senior citizen's housing.

§ 345-55 Waterfront mix residential units.

§ 345-56 Scattered site housing.