No structure shall hereafter be erected, structurally
altered or moved, nor shall any lands or the buildings thereon be
used for any purpose except in conformity with all regulations hereinafter
established for the zone in which said land or structures are located;
nor shall any open space or yard area established for the purpose
of complying with the regulation of this chapter be reduced or encroached
upon in any manner except as shall be specifically permitted in this
chapter.
The following uses are permitted in any zone
in the Borough:
A.
Municipally owned facilities, including but not limited
to municipal offices, police stations, fire stations, first aid buildings,
libraries, schools and any other such similar facility that serves
a public purpose or use.
B.
Public works buildings and yards.
C.
Public recreation facilities, including recreation
buildings, beaches, parks, playgrounds and facilities accessory or
ancillary to such recreation facilities, including but not limited
to parking lots, boardwalks, plazas, gazebos, snack bars, rest room
facilities, etc.
D.
Community residences and community shelters, subject
to the requirements of the R-1 Residential Single-Family Zone.
E.
Family day-care homes, subject to the requirements
of the R-1 Residential Single-Family Zone.
A.
The following uses are not permitted in any zone in
the Borough:
(1)
Self-service gasoline stations, self-service automobile
filling and cleaning stations and self-service public garages.
(2)
Auto body repairs of any kind or nature and any auto
body repair shops.
(3)
Auto body painting of any kind, nature or description.
(4)
Gas, gasoline and motor fuel stations of every kind
and nature.
(5)
Automotive repairs or installation of any parts therefor
or as to any installations of parts or repairs thereto; automotive
shall include motor vehicles, motorcycles, motor bikes and all like
vehicles of any kind or nature.
(6)
Home for the aged.
(7)
Children's home.
(8)
Training school; provided however that the foregoing
shall not be deemed to prohibit dance studios or schools as to any
types or styles of dance, nor shall the same prohibit other cultural
or artistic schools or studios.
(9)
Hospital, convalescent home or any institutional projector
program.
(10)
Pool parlor, billiard parlor, poolroom, billiard
room.
(12)
Cement plants or any such types of endeavors
dealing with the mixing of minerals, chemicals or any similar types
of endeavors.
(13)
Factories of any kind, nature or description
whatsoever.
(14)
Establishments where any commercial painting
endeavors are performed.
(15)
Commercial or semicommercial garages or parking
lots.
(16)
Car wash or car washing whether automatic, manual,
semiautomatic or otherwise.
(17)
Manufacturing, whether light or heavy or industrial of any kind or nature except as specified in § 450-31A(2).
(18)
New and used car lots and show rooms, that display
for sale, motor vehicles, motorcycles, or motor bikes or any similar
vehicle and any ancillary use normally found in conjunction therewith.
(19)
Plastics manufacturing or similar commercial
endeavors.
(20)
Junkyards of any kind or nature or description.
(21)
Adult bookstores and establishments offering
adult entertainment.
[Amended 5-9-2006 by Ord. No. 2006-13]
(22)
Storage warehouses of any kind or description.
(23)
Fuel oil distributors or gasoline distributors,
or distributors of any inflammable materials, whether retail or wholesale.
(24)
Clothing manufacturing of any kind or nature.
(25)
Construction business in any phase or part thereof.
(26)
Commercial storage of heavy equipment of any
kind or nature.
(27)
Any commercial or industrial endeavor reasonably
to be deemed a part of any of the foregoing.
(28)
Organization meeting places.
(29)
Fraternity or sorority houses.
(30)
Clubhouses, civic clubs or any like use or uses.
(31)
Bail bonding companies and bail bondsmen.
[Amended 6-13-2006 by Ord. No. 2006-15]
(32)
Conversion of single-family uses to multiple-family
uses.
(33)
Trailer parks or camps.
(34)
Any more than one amusement game device commonly
known as a "pinball machine" or similar game, located as an accessory
use.
(35)
Hotels, motels, boarding homes and rooming houses.
[Amended 12-27-2022 by Ord. No. 2022-15]
(36)
Tattoo establishments and body piercing establishments.
[Added 5-9-2006 by Ord. No. 2006-13]
(37)
Check cashing establishments or check cashing
services except as part of services offered by banks.
[Added 5-9-2006 by Ord. No. 2006-13]
(38)
Any use of land or buildings or any activity
not specifically permitted in a zone.
[Added 6-13-2006 by Ord. No. 2006-15]
(39)
The operation of cannabis cultivators, cannabis distributors, cannabis
manufacturers, cannabis wholesalers, cannabis retailers, medical cannabis
alternative treatment centers, medical cannabis cultivators, medical
cannabis dispensaries, and medical cannabis manufacturers.
[Added 6-9-2020 by Ord. No. 2020-05; amended 6-9-2021 by Ord. No. 2021-13]
While new and used car lots are expressly prohibited,
the following exceptions are noted:
A.
Any gasoline station, within the Borough of Bradley
Beach, may display for sale no more than two used motor vehicles;
provided, however, that the premises shall not have any sign or signs
on the premises advertising such sales nor setting forth any wording
indicating the sale of used motor vehicles other than a single sign
that may be affixed to the motor vehicle or motor vehicles being sold
as heretofore limited, which sign on the motor vehicle shall be no
more than 12 inches by 12 inches.
B.
Any property owner may display for sale, on the owner's
private property, the property owner's private vehicle, or a motor
vehicle owned by a member of the property owner's family; provided,
however, that no sign of any kind shall be displayed on the property
relative to the proposed sale, other than a single sign affixed to
the vehicle which sign shall be no larger than 12 inches by 12 inches,
but no such sign nor such vehicle shall be permitted in and upon the
streets or highways within the boundaries of the Borough and as further
limited by other Borough ordinances.
[Amended 1-8-2019 by Ord.
No. 2018-24]
The following provisions shall apply to valid nonconforming
uses structures and lots at the time of adoption of this section:
A.
Any noncompliant use, structure, and/or lot, which is lawfully in
existence prior to the effective date of these Land Development Ordinance
revisions,[1] shall be deemed nonconforming at the passage of this section,
or any applicable amendment thereto, and may be continued as otherwise
provided in this section.
[1]
Editor's Note: Ord. No. 2018-24, adopted 1-8-2019, became
effective 20 days after passage by the Mayor and Council and publication
according to law.
B.
No existing use, structure or premises devoted to a nonconforming
use shall be enlarged, extended, reconstructed, substituted or structurally
altered, unless it is changed to a conforming use or structure except
as follows:
(1)
Any nonconforming structure or use partially destroyed by fire or
other natural calamity may be restored, reconstructed or used as before;
provided, that neither the volume such use or structure nor the floor
area shall exceed that which existed prior to such damage; and, provided
further, that such restoration shall be in accordance with the following:
(2)
Normal maintenance and repair of a structure containing a nonconforming
use is permitted, provided that it does not extend the area or volume
of space occupied by the nonconforming use or structure and does not
increase the intensity of use. Nothing in this section shall prevent
the restoring to a safe or lawful condition any part of any structure
declared unsafe by the Construction Official.
(3)
A building containing a residential nonconforming use may be altered
in any way to improve interior livability. No structural alterations
shall be made which would increase the number of bedrooms or dwelling
units.
C.
Nonconforming uses and structures are considered terminated and shall
not be revived in any way except as a conforming use or structure
in accordance with the following:
(1)
A nonconforming use or structure abandoned in accordance with this
section and accompanied by an intent on the part of the owner to abandon
such use as evidenced by some act or failure to act which carries
with it a sufficient implication that the owner neither claims nor
retains any interest in the subject matter of the abandonment shall
be considered a termination thereof. Such implication shall be rebuttably
presumed by nonuse for any period of two or more years. Nonuse by
successive owners shall be considered continuous nonuse.
(2)
The change of a nonconforming use or structure to a more or entirely
conforming use for any period of time shall be considered an abandonment
of the previous nonconforming use, and a reversion to the previous
nonconforming use shall not be permitted.
(3)
Abandonment of nonconforming use. A nonconforming use shall be deemed
to be abandoned where there is an intention to abandon as well as
an external act (or omission to act) by which such intention is carried
into effect.
(a)
It shall be prima facie evidence that a nonconforming use shall
be deemed to be abandoned when there occurs a cessation of such use
on the part of a tenant or owner for a continuous period of at least
two years.
D.
A nonconforming structure may not be enlarged, extended, increased
in height, width or depth, moved or relocated, modified in such a
way so as to increase habitable or useable space, number of dwelling
units or number of bedrooms, unless such structure is changed to a
structure conforming to the requirements of this chapter, except that
an existing one- to four-family dwelling may be rebuilt, enlarged,
extended or added to provided:
(1)
The enlargement, extension or addition conforms to all zone requirements.
(2)
Any existing one- to four-family dwelling located in a residential
zone destroyed by wind, fire, water incursion, exposure or other act
of God or public enemy or other natural calamity may be rebuilt on
the same footprint, but need not comply with minimum lot width, depth
and area requirements where the existing condition is nonconforming.
E.
The prospective purchaser, prospective mortgagee, or any other person
interested in any land upon which a nonconforming use or structure
exists may apply for, in writing, the issuance of a certificate certifying
that the use or structure existed before the adoption of the ordinance
which rendered the use or structure nonconforming. The applicant shall
have the responsibility of affirmatively proving the preexisting nonconforming
use or structure. Application pursuant hereto may be made to the Zoning
Board of Adjustment Administrative Officer within one year of the
adoption of the ordinance which rendered the use or structure nonconforming
or at any time to the Zoning Board of Adjustment.
F.
Existence and continuance. At the date of adoption of this chapter
any lot, building or structure which has been and is still being used
for a purpose which does not conform to the requirements of the particular
zone where the lot, building or structure is situated and which use
is lawful and properly licensed, if required, and is not prohibited
by any other existing ordinance of the Borough or any statute of the
State of New Jersey or the United States of America, the use may be
continued, subject to other provisions contained in this section and
any change of title or possession shall not affect the continuance
of such existing use. The existing use may be continued as aforesaid,
provided further however, that:
(1)
No nonconforming lot shall be further reduced in size.
(2)
No nonconforming building shall be enlarged, extended or increased,
unless such enlargement would tend to reduce the degree of nonconformance.
(3)
No nonconforming use may be expanded.
(4)
No structural alterations or changes shall be made to any building,
accessory building, garage or structure containing a nonconforming
use.
(5)
No structural alterations shall be made in any building or structure
containing a nonconforming use, to change such a building or structure
to another or an additional nonconforming use.
(6)
No building shall be constructed upon a conforming lot which lot
contains a nonconforming building or use.
(7)
Any existing lot on which a building or structure is located and
which lot does not meet the minimum lot size, or a structure which
violates any yard requirements, may have additions to the principal
building and/or construction of an accessory building without an appeal
for variance relief provided the existing use(s) on the lot are conforming
to the permitted use(s) stipulated in this chapter for the lot in
question; the permitted building coverage is not exceeded; the accessory
building and/or addition do not violate any other requirements of
this chapter, such as, but not limited to, height, setback and parking;
the property owner has filed a zoning permit application with the
Building Department which the zoning reviewer has determined meets
the requirements in this chapter; the property owner files for an
informal hearing to the Bradley Beach Planning Board accompanied by
a check in the amount of $125 made payable to the Borough of Bradley
Beach.
(8)
Neither the volume or the floor area shall be greater than existed
prior to the damage.
G.
In any
residential zone, any existing lot on which a dwelling is located
and: 1) which lot does not meet the minimum lot size, width, or depth,
or 2) on which lot there is a structure which violates any bulk requirements,
may make improvements to said lot or structures thereon without any
appeal for variance relief, provided that the proposed improvements
do not create new or expand existing nonconformities or variances.
This exception shall not be construed to apply to any lot on which
there is any nonconforming use.
[Added 3-9-2021 by Ord. No. 2021-05]
[Amended 1-27-2009 by Ord. No. 2009-2; 10-25-2011 by Ord. No. 2011-19; 5-23-2017 by Ord. No. 2017-15; 5-24-2016 by Ord. No. 2016-18; 5-14-2019 by Ord. No.
2019-6; 6-11-2019 by Ord. No. 2019-14; 3-9-2021 by Ord. No. 2021-05]
No building or part thereof shall be erected within or project
into any required yard area except in accordance with the following
provisions:
A.
Porches.
(1)
Applicability. This subsection includes regulations for attached,
accessory porches located on properties within the R-1 and R-B Zones
used for permitted residential purposes.
(2)
Setbacks; porch setbacks. For permitted residential structures a porch may extend eight feet into the required front yard setback area, provided the principal structure conforms to the front yard setback requirement or by submission of the appropriate setback averaging plan as reflected in § 450-26D. A wrap-around porch may exceed the width of the existing or proposed structure, as long as it is in compliance with side setback requirements for the principal structure.
(3)
Height. No porch floor is allowed above the lowest first floor walking
surface elevation and shall comply with the principal building setback
requirements.
(4)
Enclosure. A porch shall not be enclosed, heated or air-conditioned
and railings, if required, shall promote the flow of air and light.
Lattice and moveable sunscreens are permitted on side yard elevations.
Walls are prohibited.
(5)
Location. Porches are also permitted within the buildable envelope
at the front, rear and sides of the structure.
(6)
Coverage. Porches are included in the building coverage.
(7)
Stairs. Exterior stairs to the porch from grade are allowed forward
of the porch encroachment.
B.
Upper porches.
(1)
Applicability. This subsection includes regulations for attached,
accessory upper porches located on properties within the R-1 and R-B
Zones used for permitted residential purposes.
(2)
Setbacks. Upper porch, setbacks for permitted residential structures may extend eight feet into the required front yard setback area, provided the principal structure conforms to the front yard setback requirement or by submission of the appropriate setback averaging plan, as reflected in § 450-26D. Wrap-around upper porches on corner lots only may exceed the width of the existing or proposed structure, as long as it is in compliance with front yard setback requirements for the principal structures.
(3)
Height. No upper porch floor is allowed above the lowest second floor
walking surface elevation.
(4)
Enclosure. An upper porch shall not be covered, enclosed, heated
or air-conditioned and shall have railings that promote the flow of
air and light. The installation of awning systems is prohibited. Walls
are prohibited.
(5)
Location. Upper porches are permitted in the front yard of the dwelling
only, above the footprint of the lower porch.
(6)
Coverage. Upper porches are included in the building coverage.
(7)
Stairs. Prohibited on upper porches.
C.
Balconies.
(1)
Applicability. This subsection includes regulations for attached
accessory balconies located on properties used for residential purposes.
(2)
Requirements. For residential structures, no balcony, inclusive of
gutters, shall extend out more than two feet from the second or third
story wall to which it is attached. Each single-family dwelling may
have no more than two balconies. Each balcony cannot exceed 80 square
feet. Each duplex dwelling may have one balcony per unit, not to exceed
two balconies for the dwelling. Each balcony cannot exceed 80 square
feet, and such balcony area shall be counted toward the maximum area
of any half story.
(3)
Setbacks. The edges of the balcony shall have a railing and the structure
shall project no more than two feet into the front setback area, inclusive
of gutters.
(4)
Height. No balcony floor is allowed above the lowest half-story walking
surface elevation and shall comply with the principal building setback
requirements.
(5)
Enclosure. A balcony shall not be enclosed, heated or air-conditioned.
Half walls and/or railings are permitted. The installation of awning
systems is prohibited.
(6)
Location. Balconies shall be permitted at the front(s) of the dwelling
only.
(7)
Coverage. This area shall be included in the building coverage.
(8)
Stairs. Prohibited on balconies.
D.
Deck, elevated.
(1)
Applicability. This subsection includes regulations for attached
accessory decks located on properties within the R-1 and R-B Zones
used for permitted residential purposes.
(2)
Setbacks. For residential dwellings, decks are not allowed to encroach
into any principal dwelling's setback requirements and shall never
be closer than five feet of any side yard property line, nor closer
than 25 feet of any rear yard property line. No deck shall extend
beyond the side building line.
(3)
Height. An elevated deck is permitted at or below the first floor
walking surface elevation, not to exceed a maximum floor height of
48 inches above grade.
(4)
Enclosure. Elevated decks shall not be enclosed with sidewalls. Railings
that promote the flow of air and light shall be installed.
(5)
Location. An elevated deck may be located in the rear yard area only.
(6)
Coverage. The elevated deck area shall be included in the impervious
coverage.
(7)
Access. Access to the elevated deck can be from both the dwelling
or external stairs that do not extend into any principal building
setback.
(8)
Stairs. Will not be counted in impervious coverage and shall maintain
a three-foot setback from all property lines.
E.
Deck, on grade.
(1)
Applicability. This subsection includes regulations for attached
accessory decks located on properties within the R-1 and R-B Zones
used for permitted residential purposes.
(2)
Setbacks. For residential dwellings, decks are not allowed to encroach
into any principal dwelling's setback requirements and shall never
be closer than five feet of any side yard property line, nor closer
than five feet to any rear yard property line. No deck shall extend
beyond the side building line.
(3)
Height. A deck on grade is permitted at or below the first floor
walking surface elevation, not to exceed 12 inches above grade as
measured at the perimeter of same.
(4)
Enclosure. Enclosures are prohibited.
(5)
Location. Decks may be located in the rear yard area only.
(6)
Coverage. The deck on grade area up to 5% of lot size is excluded
from impervious coverage. Deck on grade area beyond 5% of lot size
is included in impervious coverage. The area underneath a deck on
grade must be pervious surface.
(7)
Access. Access to the deck on grade can be from both the dwelling
or external stairs that do not extend into any principal building
setback.
(8)
Stairs. Will not be counted in impervious coverage and shall maintain
a three-foot setback from all property lines.
F.
Patio.
(1)
Applicability. This subsection includes regulations for patios located
on properties within the R-1 and R-B Zones used for permitted residential
purposes.
(2)
Setbacks. For residential dwellings, patios are not allowed to encroach
into any principal dwelling's setback requirements and shall never
be closer than five feet of any side yard property line, nor closer
than five feet to any rear yard property line. No patio shall extend
beyond the side building line.
(3)
Height. No patio is allowed above existing grade.
(4)
Enclosure. Patios shall not be covered or enclosed with sidewalls.
(5)
Location. Patios may be located in the rear yard area only.
(6)
Coverage. The patio area shall be included in the impervious coverage.
H.
Entry platform.
(1)
Applicability. This subsection includes regulations for attached
accessory entry platforms located on properties used for residential
and nonresidential purposes.
(2)
Setbacks. A side or rear entry platform, including steps, may extend
into the rear and side yard setbacks as long as a three-foot setback
is maintained. No entry platform associated with a multifamily residential
use may extend into any required setback area.
(3)
Enclosure. Entry platforms shall not be enclosed, heated, or air-conditioned.
Railings that promote the flow of air and light shall be installed.
(4)
Coverage. An entry platform will not be greater than four feet in
depth. Entry platforms, excluding stairs, shall be included in the
building coverage.
(5)
Location. Entry platforms shall be permitted in the front, rear and
side of the dwelling.
(6)
Height. No entry platform floor is permitted above the lowest floor
walking surface elevation.
(7)
Stairs. Side and rear entry platform stairs may extend into the rear
and side yard setbacks as long as a three-foot setback is maintained.
I.
Storage shed.
(1)
Applicability. This subsection includes regulations for detached
accessory storage sheds located on properties used for residential
and nonresidential purposes.
(2)
Requirements. There will be a limit of one storage shed per building
lot that cannot exceed a maximum area of 100 square feet. A storage
shed must have a pitched roof of at least three inches rise per 12
inches run.
(3)
Setbacks. Any storage shed shall be erected no closer than three
feet from a side or rear property line.
(4)
Location. In no event shall any storage shed be erected or placed
in the front of any other building. Storage sheds are prohibited in
front and side yards.
(5)
Height. No shed shall exceed 10 feet in height. No shed shall exceed
one story.
(6)
Coverage. Storage sheds shall not be counted in building or lot coverages,
provided such storage shed is built upon a foundation of lumber, wood
or timber. If such storage shed is built upon a foundation of compacted
gravel or cement, it shall be considered impervious coverage and the
storage shed will be counted in lot coverage accordingly.
(7)
Stairs. Stairs are not permitted for storage sheds.
(8)
Heating or air conditioning. Heating and air conditioning are prohibited.
(9)
Review required. The Zoning Officer of the Borough of Bradley Beach
shall approve the permit for any of the foregoing construction, erection,
or placement before the same shall be performed.
J.
Other permitted yard encroachments. No building or part thereof shall
be erected within or project into any required yard area except in
accordance with the following provisions:
(1)
Ordinary projections. Ordinary projections of balconies, entry platform
coverings, fireplaces, cornices, fly rafters, eaves, gutters, sills,
bay windows, belt courses, chimneys, flues, buttresses and ornamental
features may project not more than 24 inches from an exterior building
wall into any required yard area, provided the projection does not
violate the covenants of any deed or deeds to the property upon which
the projection is made. Such projections shall not, however, be permitted
along the Main Street frontage of any structure or for any permitted
living quarters above an accessory garage.
(2)
Fireplaces. Existing fireplaces may be replaced in their location
as long as they do not encroach on neighboring property and are equal
to or smaller in size compared to the original.
(3)
Weather protection. Weather protecting and energy efficiency enhancing
front door enclosures and wind screens are permitted in the GB, O-P,
GBW and B-O-R Zones only subject to the following restrictions:
(a)
May be used only from October 15 to May 1 (in each calendar
year).
(b)
The panels must be clear of such material for an individual
to see through.
(c)
The view must be maintained between a height of two feet from
grade and seven feet high.
(d)
Can project no more than four feet into a required front setback
area and are no larger than 48 square feet in total area, provided
the principal structure complies with the required front yard setback.
(e)
Must maintain ADA compliance.
(f)
Must be anchored to the ground in such a way as not to damage
the Borough's sidewalk/pavers or create a tripping hazard when removed.
(Any and all damages to sidewalk/pavers will be repaired at the owner's
expense.)
(4)
Fire escapes. Fire escapes are permitted in multifamily dwellings
only, subject to the following restrictions:
[Amended 10-25-2011 by Ord. No. 2011-19]
A.
The height
limitations of this chapter shall not apply to freestanding flag poles,
church spires, belfries, domes, antennas attached to buildings, none
of which are to be used for human occupancy; nor to chimneys, ventilators,
skylights, water tanks, bulkheads and the necessary mechanical appurtenances
usually carried above the roof level. Such features, however, shall
not exceed in coverage 20% of the total building area and shall not
exceed a height necessary to accomplish the purpose that they are
intended to serve.
B.
Freestanding
accessories. Water towers, noncommercial radio and television antennas
which are erected as freestanding accessories and which might normally
exceed the height limitations established by this chapter may be erected
to a height that can be demonstrated to the satisfaction of the Planning
Board as being necessary to accomplish their intended function, except
that, in residential zones and on properties adjacent to residential
zones, no such structure may be located nearer to any property line
than a distance equal to its height above ground.
Except as might be hereinafter specifically
provided, there shall not be more than one principal building erected
on any lot.
No principal building shall be erected upon a lot which does not have the minimum required frontage upon an improved public street as defined in § 450-32 hereof.
A.
Any yard facing upon a public street shall be considered
a front yard and shall conform to the minimum front yard requirements
established for the zone in which the yard is located.
B.
No accessory structures, with the exception of flagpoles,
light or sign posts, walks, driveways, patios at ground level, fences,
and mailboxes shall be erected within any front yard.
C.
No front yard shall be used for the storage of boats,
trailers, equipment, or vehicles other than automobiles which are
in operating condition and which are parked on an improved driveway
or parking area, except as might be specifically permitted elsewhere
in this chapter. However, properties facing the lake on Lake Terrace
may park vehicles other than automobiles on an improved driveway or
parking area in the front yard.
On any corner lot, nothing shall be erected,
placed, planted or allowed to grow in such a manner as to obstruct
view between a height of two feet and 10 feet above the center line
of grades of the intersecting streets, within the triangular area
formed by the two intersecting streets bounding the lot and by a line
connecting points on each street line located 25 feet from the intersection
of the street lines.
No accessory structure, excluding fences and
temporary buildings necessary for construction purposes, is to be
erected prior to the completion of the principal building. Such temporary
construction buildings may be erected only after the issuance of a
building permit for the principal building and shall be removed within
30 days of the issuance of a certificate of occupancy for the principal
building; or in the case of a major subdivision, within 30 days of
cessation of the issuance of a certificate of occupancy for the final
home in the subdivision.
Existing natural features such as lakes, ponds
and the natural configuration of the ground shall be retained where
possible. If it can be demonstrated to the satisfaction of the Planning
Board that such features will substantially interfere with a permitted
use of a property, such features may be altered only to the extent
absolutely necessary to render premises suitable for such permitted
use.
[Amended 7-14-2020 by Ord. No. 2020-09]
A.
It shall be unlawful for any person, firm or corporation to remove or injure or otherwise destroy any live tree, in any zone, or to cause of permit the same to be done by any third-party contractor or subcontractor, without first complying with Chapter 425 of this Code.
No dock, pier or bulkhead fill or other structure
shall be erected or placed within or abutting any tidal water without
first securing proper riparian grants and construction permits from
the state and federal agencies having control over such construction,
and any use thereof shall comply to the requirements of this chapter.
A.
Other than in commercial buildings or in legally permitted
garage apartments or in legally permitted multiple-family dwellings
or structures in permitted zones in the Borough, it shall be forbidden
to erect, alter or use any room or rooms in any building, structure,
group of structures, or premises within the limits of the Borough
of Bradley Beach, which said room or rooms shall be located below
grade or in what is commonly known as a basement or cellar, for a
kitchen or for sleeping facilities of any kind; it being forbidden
to use, alter or erect any of the foregoing room or rooms for occupancy
as living quarters, other than for use as a toilet or bathroom, a
laundry or playroom, or a furnace or heating rooms or storage room
or a workshop. Erection, alteration or use for a kitchen shall be
deemed any kitchen facilities, and it is prohibited to install therein
any stove, or stoves, oven or ovens, any cooking or baking facilities
of any kind or nature, including the prohibition of cooking plates
or cooking or baking instruments of any kind, and the connection for
use of any such kitchen facilities, as aforesaid, shall be deemed
a violation of this chapter.
B.
No sinks shall be installed or connected in any room
or rooms, as prohibited in the preceded paragraphs, other than for
use for laundry purposes or bathroom and washing purposes.
C.
All kitchen facilities as enumerated in the preceding
paragraphs are also prohibited and forbidden in any room or rooms
located in structures of the Borough which room or rooms are located
above the first floor of a structure which floor is sometimes referred
to as the ground floor or grade level floor; excepting, however, that
kitchen facilities shall be allowed in any room located above the
first floor of a structure if the structure is a single-family dwelling
and the kitchen facilities located above the ground floor are the
only kitchen facilities within the structure; except, however, that
this prohibition shall not apply to those zones or properties wherein
the same may be permitted, as set forth in the preceding paragraphs
herein. The prohibiting definitions as set forth in the preceding
paragraph which apply as to the within paragraph with like force and
effect.
A.
The installation and use of a satellite antenna shall
be permitted in all zones, subject to the limitations imposed by this
chapter and in accordance with the terms and specifications herein
set forth. Whereas the necessity for certain use of a satellite antenna
is recognized and at the same time appreciating the fact that they
or any one of them may be, or become, inimical to the public health,
safety and general welfare of the community, if located without due
consideration to the existing conditions and surroundings, the following
standards and procedures are hereby established.
B.
Building-mounted antenna not exceeding 24 inches in diameter shall not require site plan approval, provided they do not encroach in any required yard or exceed permitted building height requirements. Applicants for a permit for a satellite antenna exceeding 24 inches in diameter shall submit a site plan application to the Planning Board of Bradley Beach. Said site plan shall be drawn in accordance with the site plan requirements of Chapter 270, Land Development, of the Borough of Bradley Beach and in conformance with the conditions set forth below respective to use.
C.
All satellite antenna installations exceeding 24 inches
in diameter are subject to the following requirements and standards:
(1)
The antenna surface area in square feet shall be no
more than 12. The equivalent diameter of the cable dish in feet shall
be no more than four, and the maximum antenna height in feet shall
be no more than eight.
(2)
The dish shall be erected on a secure ground-mounted
foundation.
(3)
If the dish or satellite antenna is to be installed
on a multiple-family dwelling, the antenna may be installed on the
roof of said building in an inconspicuous location so as to minimizes
noise and visual impact on adjacent properties.
(4)
The antenna shall be located in the rear and not violate
any yard and setback requirement of the main building.
(5)
The antenna shall be located and screened to minimize
motor noise and visual impact from the street and adjacent properties.
The ability to install the antenna in an unobstructive location and
to minimize noise and visual impact on adjacent property and from
the street shall be a major factor in determining whether or not the
sit plan is approved.
(6)
The antenna shall be designed for use by residents
of the main building only.
(7)
Power control and signal cables for the satellite
antenna to the served structure shall be buried in accordance with
the appropriate code.
No provisions of this chapter or any amendment
to this chapter shall apply to permitted municipal uses on municipal
owned lands and premises, nor to any structures thereon, or hereafter
erected thereon, nor to any uses or structures accessory or ancillary
to such permitted use.
