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.

F. Satellite antenna, subject to the requirements and limitations of § 450-24.

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.

(11) New and used car lots except as permitted in § 450-11.

(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) Boarding homes and rooming houses.

(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]

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.

A. Contiguous lot ownership. Where two or more lots created by filing of a map or otherwise created have any contiguous lines and are in single ownership and one or more of the lots is nonconforming in any aspect, the lots involved shall be considered to be an undivided parcel for the purpose of this chapter, and no portion of said parcel shall be conveyed or divided except through the filing of an approved subdivision in accordance with the provisions of Chapter 270, Land Development.

B. Nonconforming lots. Any existing single-family residential structure on an existing nonconforming lot may be renovated or may have additions or be otherwise enlarged, and/or an accessory structure may be constructed on the lot without obtaining a variance, provided all the following criteria are met:

(1) The existing use or uses on the lot are permitted in the zone.

(2) The addition or enlargement is conforming to the bulk requirements of the zone.

(3) The resulting building or structure does not increase any zoning violations or create any new zoning violations.

(4) Where the addition or enlargement increases the required off-street parking, such additional required off-street parking is provided.

No building or part thereof shall be erected within or project into any required yard area except in accordance with the following provisions:

A. An open, unscreened entrance porch leading to the basement, cellar or first floor, projecting not more than eight feet in depth, not exceeding the width of the existing or proposed structure, not including steps, into a required front yard area, provided there is no side yard encroachment. If it is a wraparound porch, it will not encroach the side yard setback. Said front porch is to have open rails or spindles. [Amended 1-27-2009 by Ord. No. 2009-2]

B. An open uncovered or unroofed deck leading to the second floor, directly above the open unscreened porch as indicated in Subsection A, also not projecting more than eight feet in depth and not exceeding the width of the existing or proposed structure into the required front yard. Said porch or deck will have open rails or spindles and can be cantilevered, with no retractable awnings or pressure-treated flooring or railings. [Amended 1-27-2009 by Ord. No. 2009-2]

C. Front porches which project beyond the building line as per Subsection A may be enclosed from October 15 to May 1 in each year, provided such enclosures are so constructed that they shall be of transparent glass from the porch rail line to the porch plate line and that there shall be no shades or other objects to interfere with the view of adjoining property owners; provided, however, that nothing herein contained shall be deemed to permit the erection of any such front porch enclosures along Main Street.

D. A projection of the upper stories of a structure containing a primary permitted use, beyond the building line of the lower stories of not more than 24 inches, shall be permitted, provided the projection does not encroach into any required yard area and 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.

E. An open and uncovered and unroofed deck or patio not more than three feet above ground level may extend into a required side or rear yard to within five feet of a side or rear property line. This restriction shall not apply to such patios if constructed at ground level.

F. Ordinary projections of cornices, eaves, gutters, sills, belt courses, chimneys, flues, buttresses and ornamental features may project not more than 24 inches into any required yard area.

G. Air conditioners, HVAC and other mechanicals shall not be permitted in the required setback areas. [Added 10-25-2011 by Ord. No. 2011-19]

[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.

A. It shall be unlawful for any person, firm or corporation not explicitly exempted by this section to remove or injure any live tree, the trunk of which exceeds three inches in diameter measured at a point two feet above the ground, in any zone, without first obtaining approval to do so from the Planning Board.

B. A homeowner who wishes to remove trees from the lot on which he resides is exempted from this section. Removal of trees within a public right-of-way, since these trees are on Borough property, are exempt from this section, but are under the jurisdiction of the Shade Tree Commission and subject to the regulations and limitations under the authority of that Commission.

C. Prior to taking any action on a request for any approval that requires removal of any tree regulated by this section, the Planning Board shall seek and obtain a recommendation from the Shade Tree Commission as it pertains to removal of the regulated tree or trees.

D. The Planning Board shall permit the cutting or removal of trees on public or private lands in the Borough under the following circumstances:

(1) If their presence would cause hardship, or endanger persons or property, or substantially interfere with a permitted use of a property.

(2) In areas to be occupied by buildings, driveways or recreation areas, and within a distance of 15 feet around the perimeter of such buildings, depending on tree species and conditions to be reasonably determined by the Planning Board or the Borough Construction Official.

E. No building permit shall be issued until the Planning Board has approved a written plan of tree removal. The applicant shall submit such a plan showing all proposed tree removal in relation to the survey stakes marking each dwelling, driveway or other land use requiring such removals. In addition, it shall be indicated on the plan or in an accompanying report which of the exceptions allowed herein are believed to apply to each removal.

F. No material, machinery or temporary soil deposits shall be placed within six feet of any existing tree trunk or stem. Any regrading shall require, where necessary, that all trees remaining as per Subsection E be welled to protect the root structure from damage.

G. Any applicant aggrieved by the provisions of this chapter shall have the right to appeal the decision of the Planning Board or the Zoning Officer to the Zoning Board of Adjustment.