A. Conditional uses to the use limitations imposed by this chapter are permitted under the terms and specifications herein set forth. Whereas, the necessity for certain specific uses 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. An applicant for a conditional use permit shall submit a site plan to the Planning Board of Bradley Beach. Said site plan shall be drawn in accordance with Chapter 270, Land Development, and in conformance with the conditions set forth below respective to each use.

Churches, lodges and similar quasi-public uses and private and parochial schools are permitted as a conditional use in the R-1 Single-Family Residential Zone subject to review and special conditions set forth by the Planning Board as each situation may warrant.

Bed-and-breakfasts are permitted as a conditional use in the R-B Residential Beachfront Zone subject to Planning Board conditional use and site plan approval, and subject to the minimum standards of that zone, and to the following requirements and conditions:

A. Bed-and-breakfast inns shall provide breakfast for registered guests in the forenoon of each day. No other meals may be served, and nonguests may not be served breakfast.

B. No cooking facility or smoking shall be permitted in guestrooms.

C. Individual guest occupancy shall be limited to 30 successive days or not more than 30 days in any period of 60 successive days.

D. Common areas to be provided for exclusive use of the guests must be at least 300 square feet (parlors, dining rooms and the like). Nonhabitable spaces shall not be included as common areas for guests.

E. Parking for one vehicle per guestroom must be provided on-site.

F. No more than 10 rooms nor less than two rooms for guests (with sleeping accommodations for no more than 25 persons) shall be permitted.

G. Bed-and-breakfast inns shall be subject to state law as defined, regarding the Uniform Construction Code Act, Uniform Fire Safety Act, and shall be registered with the Bureau of Housing Inspection in the Division of Housing and Development in the Department of Community Affairs and shall comply with all local ordinances concerning housing and with all of the requirements of the R-B Residential Beachfront Zone.

H. Any signage for the bed-and-breakfast must be included with the application and approved by the Planning Board.

I. The conditional use application shall include a detailed proposal setting forth a floor plan, the number of rooms to be occupied, the manner of payment, the season of operation, and any ancillary activities to be conducted.

J. Each bed-and-breakfast shall be inspected on an annual basis by the Fire Official in order to ensure compliance with this chapter and to ensure no changes have been made to the structure.

[Added 12-13-2005 by Ord. No. 2005-27; amended 2-22-2011 by Ord. No. 2011-1]

Home offices are permitted accessory uses in all residential zones subject to the following requirements and conditions:

A. The use is limited solely to office use.

B. The use is operated by full-time residents of the dwelling unit and no other persons.

C. Nonresident employees, customers, or business invitees or guests shall not visit the dwelling unit for business purposes.

D. The use shall be located in only one room of the dwelling unit or 200 square feet, whichever is smaller, and shall not be served by a separate entrance.

E. Interior storage of materials within the 200 square feet shall be limited to office equipment and office supplies.

F. There shall be no change to the exterior of the buildings or structure because of the use, and there shall be no outside appearance of a business use, including but not limited to, parking, storage, signs or lights.

G. The use shall operate no equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference with telephone, radio or television reception, detectable by neighboring residents.

H. (Reserved)

I. The quantity and type of solid waste disposal is the same as the other residential uses in the zone district.

J. (Reserved)

K. Delivery trucks shall be limited to U.S. Postal Service, Federal Express, United Parcel Service and other similar delivery services providing regular service from 8:00 a.m. to 7:00 p.m. to residential uses in the zone district.

L. All vehicular traffic to and from the home office shall be limited in volume, type, and frequency to that normally associated with other residential uses in the zone district.

M. There shall be only one home office permitted per dwelling unit.

N. There shall be a one-time, nonrefundable application and inspection fee in the amount of $150 to apply for a home office use. The person operating the home office shall register with the Borough on a form provided by the Borough.

O. There shall be an annual fee of $50 for subsequent yearly home inspections based on the home office use ordinance.

P. There shall be an annual mercantile licensing fee to be set by the Borough.

Q. There shall be an annual tourism fee to be set by the Borough.

R. Failure to comply with the requirements of this ordinance will result in a fine of between $150, minimum, and $1,250, maximum.

S. Each day the violation remains unabated shall constitute a separate violation.

Telecommunications towers and antennas are permitted as conditional uses in the GB General Business Zone west of Main Street, subject to conditional use and site plan approvals by the Planning Board and further subject to the minimum standards of the GB General Business Zone and the requirements and conditions of Article XI, Telecommunications Towers and Antennas.