Long Branch City Zoning Code
ARTICLE VII
Conditional Uses
§ 345-57 Findings.
A.
Recognizing that certain uses, activities and structures are necessary to serve the needs and conveniences of the City, and at the same time recognizing that such uses may be or become inimical to the public health, safety and general welfare if located and operated without proper consideration being given to existing conditions and character of the surrounding area, such uses are hereby designated as conditional uses.
B.
In addition to other powers conferred by this chapter and applicable statutes, the Planning Board shall have original jurisdiction in the granting of a permit for a conditional use under the terms and conditions established by this chapter under the following stipulations and guiding principles set forth in § 345-76.
C.
The use for which application is being made is specifically authorized as a conditional use in Article IV, Zone District Use Regulations, for the zoning district in which it is located.
E.
No conditional use shall be located within 2,500 feet of another conditional use.
F.
Exception relating to churches/places of worships and eleemosynary/philanthropic uses within a portion of the R-5 Zone.
[Added 8-24-2004 by Ord. No. 34-04]
(1)
Area of exemption to include all properties fronting on Liberty Street and C.P. Williams Way located between Lewis Alley to the south and a point 160 feet north of Central Avenue (as denoted on the map annexed hereto and incorporated herein).[1]
[1]
Editor's Note: Said map is on file in the City offices.
(2)
Exemption shall only apply to those organizations which have entered into formal agreement for shared parking between themselves and the City of Long Branch.
(3)
Exemption from requirements to include:
(a)
No limitations as to number of conditional uses allowed within 2,500 feet of another conditional use.
(b)
No maximum lot coverage for all structures.
(c)
All lot area and bulk requirements (setbacks/depth/frontage/area) to be based on exiting site conditions.
(d)
On-site parking requirements (may be waived based upon shared parking agreement).
§ 345-58 Private schools.
Private schools, excluding institutions of higher learning, but not trade or business schools, may be permitted by conditional use permit as provided for in Article IV, Zone District Use Regulations, subject to the following:
A.
The application, in triplicate, shall include a detailed plot and drainage plan of the site, drawn to scale, indicating overall dimensions and topographical conditions, before and after; the location and intended use of existing and proposed buildings; location of recreation area; the relationship of the proposed use to highways, streets and adjacent properties; and such physical features as might present any deterrent to the protection of the health and safety of the pupils. The application shall include a complete set of architectural plans and specifications and existing and proposed buildings and structures and a statement setting forth in general terms the proposed course of instruction. This statement shall indicate the grade levels of the pupils to be in the building or buildings and the contemplated eventual enrollment of the school. Before authorizing the Construction Code Official to issue a permit, the Planning Board shall determine that the following standards are met:
B.
The curriculum of the proposed school shall be approved by the New Jersey Department of Education.
C.
The minimum lot area for an elementary school shall be five acres, plus one additional acre for each 100 pupils. The minimum lot area for an intermediate school, high school or institution of higher learning shall be 10 acres, plus one additional acre for each 100 pupils. No more than 10% of the site shall be covered by buildings.
D.
Off-street parking shall be provided in the following ratios: Elementary schools shall provide one parking space for each 10 pupils, plus adequate space for buses and delivery vehicles. All other schools shall provide one parking space for each staff member or employee, plus one parking space for each five pupils, plus adequate space for buses and delivery vehicles. These requirements may be increased if, in the judgment of the Planning Board, such considerations as the unavailability of the bus services, the distance from centers of population or a relatively high percentage of pupils driving their own cars make such increased requirements desirable.
E.
No driveway shall open onto a public street or road within 150 feet of an intersection of such street or road with another public street or road. In determining the suitability of proposed or existing driveways upon the site, the Board shall consider such factors as grade and site clearance, the number and pattern of driveways and number, location and design of ingress and egress points, the volume of traffic which may be anticipated on the site and upon adjoining roads and the condition and width of pavement of adjoining roads.
F.
Illumination for night athletic activities shall be shielded from view from adjoining streets and residential areas.
§ 345-59 Churches and places of worship.
Churches and places of worship may be permitted by conditional use permit in zoning districts as provided for in Article IV, Zone District Use Regulations, subject to the following:
A.
The minimum lot area shall be 25,000 square feet; the minimum width shall be 150 feet.
B.
The minimum bulk requirements for a church or place of worship shall be as follows:
Bulk Requirement | Minimum Dimension | |
|---|---|---|
Lot depth | 250 feet | |
Lot frontage | 200 feet | |
Setbacks: | ||
Front | 70 feet | |
Rear | 50 feet | |
Side | 15 feet | |
Maximum building height: | ||
Principal building | 2 1/2 stories or 30 feet | |
For accessory building | 1 1/2 stories or 15 feet | |
Maximum lot coverage of all buildings | 35% | |
C.
Off-street parking shall be provided at the ratio of one off-street parking space for each four seats in the church.
D.
Driveways shall cross the sidewalk at right angles and shall be no more than 24 feet wide at any point. Driveways must be at least 10 feet from any side lot lines and 25 feet from the intersection of street lines. Not more than two driveways shall be permitted for each 150 feet of street frontage.
E.
The Planning Board shall determine that the site plan is appropriate to the adjacent area. It may require buffers of foliage if necessary to protect surrounding properties from effect of light or noise generated in connection with use of the property.
§ 345-60 Beach clubs. [1]
Beach clubs may be permitted by conditional use permit as provided for in Article IV, Conditional Uses, subject to the following:
A.
A set of plans, specifications and plot plans, and a statement setting forth full particulars on the operation of the structure are filed with the Planning Board, in triplicate, by the applicant.
B.
The beach club shall be limited to use by members of the beach club only.
C.
A complete and itemized list containing the names and residences of all members for the current year shall be furnished and filed with the City Clerk within five days after July 1 in each and every year.
D.
The beach club shall provide and maintain locker space and dressing room facilities on the premises for each member and/or family.
E.
In order to be used as a private beach club, a lot or plot of ground shall have a frontage of not less than 200 feet on Ocean Avenue and shall extend from Ocean Avenue to the Atlantic Ocean with a width throughout of not less than 200 feet. A front yard shall be provided on every lot, and no story or part of any building exclusive of cornices shall be erected nearer to the street line than 200 feet. The front yard shall be used exclusively for parking facilities or lawns or grass plots or lawn decorations. Any swimming pool or bathing facility shall not be erected unless erected easterly of existing or new structures.
F.
No beach club structure shall exceed a height of 25 feet.
G.
Nothing herein contained shall be construed to permit the operation of a beach club offering its facilities to the public generally or to transient guests or customers on less than an annual membership basis.
H.
The facility in no way will adversely affect the surrounding property values, traffic and the residential environment and that the use and/or facility will serve a useful purpose to the general welfare of the City.
I.
All utility service to a beach club shall be underground.
§ 345-61 Public utilities.
Public utility uses, such as high voltage transmission lines, towers and substations, but no service or storage yards, may be permitted by conditional use permit as provided for in Article IV, Zone District Use Regulations, subject to the following:
A.
A set of plans, specifications and plot plans, and a statement setting forth the need and purpose of the installation, are filed with the Board of Adjustment, in triplicate, by the applicant.
B.
Proof is furnished to the Board of Adjustment that the proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located; and further provided that the design of any building in connection with the facility conforms to the general character of the area and will in no way adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located; that adequate and attractive fences and other safety devices will be provided and that sufficient landscaping, including shrubs, trees and lawn, are provided and will be periodically maintained.
§ 345-62 Philanthropic or eleemosynary uses.
Fraternal, social, civic, recreational or philanthropic or eleemosynary uses may be permitted by conditional use permit in zoning districts as provided for in Article IV, Zone District Use Regulations, provided that no lodging or boarding facilities are included, and subject to the following:
A.
A set of plans, specifications and plot plans, and a statement setting forth full particulars on the operation of the structure or use, is filed with the Planning Board by the applicant, in triplicate.
B.
It is ascertained by the Planning Board that the proposed use is a bona fide nonprofit organization.
C.
It is ascertained by the Planning Board that the proposed use in the proposed location provides sufficient landscaping, including trees, shrubs and lawn, to serve as a buffer between such use and residential properties and to ensure an attractive appearance for the use.
§ 345-63 Nursing, rest and convalescent homes.
Nursing, rest and convalescent homes may be permitted by conditional use permit in the area bounded by Westwood, Bath and West Avenues, as provided for in Article IV, Zone District Use Regulations, subject to the following:
A.
A set of plans, specifications, a plot plan and a statement setting forth full particulars on the operations of the structure or use are filed with the Planning Board, in triplicate, by the applicant.
B.
The nursing home proposes to be duly licensed under the New Jersey Hospital Licensing Act and conforms in all respects to the standards prescribed by the Bureau of Community Institutions, State of New Jersey.
C.
The structure or use shall conform to all yard requirements for one-family dwellings in the appropriate zoning district in which it is located.
D.
Off-street parking facilities shall be provided on the premises in the rear, but not in the front yard and side yard, of not less than one parking space for every four beds, plus one additional parking space for every two employees and members of the staff in the largest working shift.
E.
One sign shall be permitted and bear only the name of the establishment, the street address and presence or lack of vacant units and the rooming house permit number. If the sign is to be illuminated, the illumination shall be from within. The sign shall not exceed four square feet in area on either side and five feet in height and shall be situated within the property lines.
§ 345-64 Motor vehicle service stations.
Motor vehicle service stations may be permitted by conditional use permit in zoning districts as provided for in Article IV, Zone District Use Regulations, subject to the following:
A.
A set of plans, specifications and plot plans is filed, in triplicate, with the Planning Board, showing in detail the exact location of the motor vehicle service station or public garage, the number and location of fuel tanks to be installed, the dimensions and capacity of each tank, the depth at which the tanks will be placed below the ground, the number and location of dispensers to be installed, the type of structure and accessory buildings to be constructed, the number of automobiles which may be garaged and a description of the nature and extent of the proposed use.
C.
All fuel dispensers shall be located at least 30 feet from any street line or property line.
D.
No vehicles shall be permitted to be standing or parked on the premises of a motor vehicle service station other than those used by the employees in the indirect or direct operation of the establishment.
E.
Driveways shall cross the sidewalk at right angles and shall not be more than 24 feet wide at any point. Driveways must be at least 10 feet from any side lot line and 25 feet from the intersection of street lines. No more than two driveways shall be permitted for each 100 feet of street frontage.
F.
The entire area of the site traversed by motor vehicles shall be hard-surfaced.
G.
The Planning Board shall determine that the site plan is appropriate to the area. A five-foot planting strip, suitably landscaped, shall be provided between curb cuts and along all other property lines.
H.
No motor vehicle service station shall be located within 1,000 feet of any public entrance to a church, school, library, hospital, fire station, existing motor vehicle service station, park, playground, charitable institution or place of public assemblage. The distance shall be measured in a straight line along the center lines of streets forming the shortest route from a point opposite the nearest side boundary from the public entrance to a point opposite the nearest boundary of the service station or garage lot. No motor vehicle service station shall be located at the intersection of any two existing or proposed major or collector streets as indicated upon the Master Plan of the City.
I.
Any repair of motor vehicles shall be performed in a fully enclosed building. No parts or partially dismantled motor vehicle may be stored out-of-doors.
J.
Coin-operated service stations are not permitted.
K.
Permitted sign and advertising devices shall be permitted as follows:
(1)
One pylon identification sign illuminated only by spotlight for each 100 feet of frontage, not to exceed 20 feet in height and 45 square feet in area on any one side. Those stations having more than 100 feet frontage shall have a maximum of two such signs.
(2)
One portable A-frame-type sign approximately three feet by three feet shall be permitted for each 100 feet frontage. Those stations having more than 100 feet frontage shall have a maximum of two such signs.
(3)
Two signs pertaining to the products or services offered by the gasoline service station may be displayed on each of the pylon signs. One sign shall not exceed two square feet. The second sign shall not exceed four square feet.
(4)
The use of all flags, windmills, banners and any flashing or animated signs and the use of neon shall be prohibited. However, the use of pennants may be utilized for the purpose of advertising the opening of a new station, but shall be restricted to a ten-day period.
(5)
Accessory goods for sale may be displayed on the pump island and the building island only. The outside storage of oil cans and/or antifreeze and similar products may be displayed on the respective islands if provided for in a suitable metal stand or rack.
L.
The Planning Board shall decide the matter in accordance with the procedure in § 345-76B for the issuance of conditional use permits. No existing public garage or a motor vehicle service station shall be deemed to become a nonconforming use through the subsequent erection of a school, hospital, church, theater, library, park, playground or fire station.
§ 345-65 Senior citizen housing.
[Amended 6-22-1993 by Ord. No. 19-93]
Senior citizen housing may be permitted by conditional use permit as provided for in Article IV, Zone District Use Regulations, subject to the following:
A.
A complete set of plans, as required for site plan review, shall be filed with the Planning Board.
B.
It shall be ascertained by the Planning Board that the proposed use and organization has a bona fide charter and covenants restricting occupancy to senior citizens exclusively.
C.
The structure and proposed use shall comply in all respects with the requirements set forth in § 345-54 regarding senior citizen housing.
E.
The proposed use and structure shall not exceed six stories.
§ 345-66 (Reserved) [1]
[1]
Editor's Note: Former § 345-66, Community residences for the developmentally disbaled and community shelters for victims of domestic violence, was repealed 2-23-1999 by Ord. No. 13-99.
§ 345-67 Secondhand stores.
[Added 2-14-1995 by Ord. No. 8-95]
Secondhand stores may be permitted by conditional use permit in zoning districts as provided for in Article IV, Zone District Use Regulations, subject to the following:
B.
Storage and display areas must be clearly delineated. Storage areas must be separated from display areas by interior walls and must not exceed 40% of the total gross floor area of the store.
C.
No merchandise may be displayed outside the building, except by special permit.
D.
Display areas must be shown in floor plan layout with aisle widths no less than three feet.
§ 345-67.1 C-3 District West End Design Overlay District (WEDO)
[Added 4-28-2015 by Ord. No. 5-15]
A.
Multifamily units above ground-level retail (mixed-use) on development parcels of 20,000 square feet or greater.
B.
Institutional uses above ground-level retail (mixed use) on development parcels of 20,000 square feet or greater.
C.
Adaptive reuse of the West End School for one of the following uses:
(1)
Visual and/or performing arts educational and performance facility:
(a)
Performing arts theater, inclusive of performance venues of varying sizes, such as cabaret or dinner theatre, cafe, intermission concessions and space for receptions before or after performances or for fundraising events, but excluding independent full-service restaurants.
(b)
Instruction in performing arts, inclusive of dance, instrumental, vocal, composition, drama, playwriting, musical theater, set design and construction, audio engineering and recording or related arts.
(c)
Instruction in the visual arts, inclusive of illustration and rendering, sculpture, filmmaking, screenplay and related arts, as well as display space or galleries for students, faculty and artists-in-residence.
(d)
Temporary living accommodations for professional or student performers and artists during periods of performances or special programs, such as performing and visual arts "camps."
(2)
Specialty education, such as culinary schools, computer training, secretarial schools, cosmetology schools or similar professional, business or vocational schools.
(3)
Professional offices.
D.
Class 5 licensed retailer without a cannabis consumption area shall be permitted.
[Added 12-8-2021 by Ord. No. 22-21]