West Long Branch City Zoning Code
§ 18-6.3
Permitted Modifications and Exceptions.
[Ord. #513; Ord. #0-97-16, S 3; Ord. #O-04-06; Ord. #O-08-7, S VI; Ord. #O-11-13; 1-15-2025 by Ord. No. O-25-3]
a.
Undersized Lots of Record. Any parcel of land with an area or width less than that prescribed for the zone in which the lot is located, which parcel was under one ownership at the date of the adoption of this Chapter and the owner thereof owns no adjoining land, may be used as a lot for any purpose permitted in the zone, provided that the minimum area and lot width requirements for such lot shall be 75% of the requirements of the zoning district, and provided that all other regulations prescribed for the zone in this Chapter are complied with.
b.
Height. The height limitations of this Chapter shall not apply to church spires, belfries, cupolas, and domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, similar features, and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve. The provisions of this Chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five (5') feet.
c.
Lots and Yards.
1.
No yard or other open space provided about any buildings for the purpose of complying with the provisions of this Chapter shall be considered as providing a yard or open space for any other building and no yard or other open space on another lot shall be considered as providing a yard or open space for a building on any other lot.
2.
Where a building lot has frontage upon a street which on the Official Map or Master Plan of the Borough of West Long Branch is contemplated for right-of-way widening, the required front yard area shall be measured from such proposed future right-of-way line.
3.
Open fire escapes may project not more than five (5') feet into any side or rear yard in a residential zone.
4.
In the case of irregularly shaped lots, the minimum lot width specified in the Schedule may be measured at the minimum front yard setback line, provided that in no case shall the lot frontage measured at the street right-of-way line be less than 75% of the minimum lot frontage as specified in the Schedule, Subsection 18-5.1 of this Chapter.
5.
For the purpose of regulating the location of accessory buildings on corner lots, all portions of a corner lot or a "through" lot which fronts on a public street shall be subject to the front yard requirements of the zone district in which the corner lot or "through" lot is located; provided further that no accessory building shall be permitted within any required front yard.
6.
All yards facing upon a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which located.
7.
No front yard shall be used for open storage of boats, vehicles, or any other equipment except vehicular parking on driveways. All permitted open storage areas shall be properly landscaped.
d.
Reserved.
e.
Principal Buildings and Uses.
1.
Every principal building shall be built upon a lot with a frontage upon a public street improved to the Borough's requirements, or for which such improvements shall have been insured by the posting of a performance guarantee pursuant to the Land Subdivision Chapter of the Borough of West Long Branch, unless relief is granted under the provisions of N.J.S.A. 40:55D-36 of the Laws of the State of New Jersey.
2.
Each lot shall be permitted to contain only one principal structure as permitted by this Chapter, ordinance, or as set forth in certain zones herein.
3.
Business and commercial structures and uses shall not display goods for sale outside of the lot lines in which such activity is conducted.
f.
Accessory Buildings and Structures.
1.
Detached accessory buildings and accessory structures shall not be located in any front yard and shall only be located in the side or rear yard.
2.
All accessory structures and buildings shall have a setback of 10 feet from the property line unless otherwise regulated herein.
3.
Accessory buildings not otherwise regulated herein, shall meet the height requirement for accessory buildings specified in the Schedule of Area, Yard, Building (Bulk) and Unit Requirements (§ 18-5.1).[1]
[1]
Editor's Note: Said Schedule is included as an attachment to this chapter.
4.
Any and all structures not otherwise defined herein, shall not exceed the maximum height of an accessory building as specified in the Schedule of Area, Yard, Building (Bulk) and Unit Requirements (§ 18-5.1).
5.
An accessory building or structure attached to a principal building shall comply in all respects with the yard requirements of this chapter for the principal building.
6.
There shall not be more than two accessory buildings per property, exclusive of an accessory garage.
7.
Sheds may not be greater than 150 square feet in area.
8.
If the shed is in excess of eight (8') feet in height at its peak, the shed must be set back from the side and rear line at least a distance equal to half of the height of the shed.
9.
Notwithstanding the above if a shed is no larger than 100 square feet in size and no higher than eight feet (8') in height at its peak than it may be located no closer than two (2') feet from either (rear or side) property lines.
10.
In all residential zones, or any single-family property in any other zone, any accessory building such as but not limited to outbuildings, workshops, greenhouses, animal shelters, etc., other than pool cabanas, detached garages and sheds as regulated herein, shall conform to the following:
(a)
Shall not be greater in floor area than 50% of the footprint of the principal structure or use located on the property and shall not exceed a total combined size of 700 square feet;
(b)
Shall not be used for office space or occupation, business or service for which profit is carried on, and no stock-in-trade materials are permitted to be stored.
11.
Radio antennas, not including satellite dish antennas, shall be permitted as free-standing structures or attached to the roof. They shall not exceed a height of sixty (60') feet as measured from natural ground elevation.
12.
In all residential zones, accessory buildings and structures combined shall occupy no more than the equivalent of 25% of the area of the rear yard,
g.
Preservation of Natural Features.
1.
No person, firm or corporation shall strip, excavate or otherwise remove top soil for sale or other use other than on the premises from which taken, except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto, or except as hereinafter specified and as further provided for in existing ordinances.
2.
Existing natural features such as trees, brooks, drainage channels, and views shall be retained. Whenever such features interfere with the proposed use of such property, a retention of the maximum amount of such features consistent with the use of the property shall be required.
h.
Swimming Pool Fence Requirements. See Chapter 10, Swimming Pools.
i.
Finished grade. An increase in the pre-development lot height of 18 inches or greater for any portion of a lot shall not be permitted.
