Zoning change introduced by council

Zoning change introduced by council
Use variance possible but unlikely, official says
BY KENNY WALTER Staff Writer

LONG BRANCH — The City Council introduced an ordinance last week that would eliminate freestanding commercial buildings in a zone that currently has a mix of commercial and residential properties.

change the zoning for an area that currently has both commercial and residential properties.

On Sept. 8 the council voted 4-0 to introduce an amendment to the RC-1 zone that would curtail mixing residential and commercial properties in the zone. Councilman Brian Unger was absent for the vote.

Assistant Planning Director Carl Turner said in an interview last week that the RC- 1 zone amendment would eliminate freestanding commercial properties from mixing with the residential character of the area.

"The establishment of any new standalone commercial/retail/food uses shall be prohibited unless they are located adjacent to and abutting an existing stand-alone commercial use," the ordinance states.

Turner explained what the ordinance stated.

"This will prohibit creating commercial establishments in residentially permitted areas," he said.

The area already contains freestanding commercial properties, but any future ones would be prohibited unless a use variance is obtained.

The zone is bordered to the north by the line for Monmouth Beach, the south by Seaview Avenue, the east by Seven Presidents Oceanfront Park, and to the west mostly by Ocean Boulevard, with portions jetting out farther west.

City Business Administrator Howard Woolley Jr. said the administration is standing behind the Planning Board on this.

"The Planning Board did not want to have freestanding commercial buildings there," Woolley said. "They felt it was less than desirable to have them in the zone.

"They felt it should be a mixed zone," he added.

Turner explained that commercial buildings would not be mixed in with the residential buildings, which would create what he called a checkerboard of commercial and residential properties.

Turner also said that it is hypothetically possible for a prospective builder to receive a use variance to go against the amendment.

"The Board of Adjustments can grant a use variance," Turner said. "But they do not believe in having stand-alone commercial buildings in the zone, so the potential is very slim."

Turner said that any potential building that is not a permitted use may apply for a use variance with the Board of Adjustments unless the property is located within one of the city's six redevelopment zones, where variances are not available. The RC-1 zone is not within a redevelopment zone.

Turner also said that this has been on the books, but they decided to table the amendment.

"It's been on the books for several years now," Turner said.

Turner said that in his time working in Long Branch, it has been the practice for the City Council to not pass ordinances that would affect current applications or litigation with any of their boards.

"The boards are supposed to be neutral," Turner said. "So, we have seen previous applications that needed protection.

"The City Council is not going to interject themselves into any of the boards," he added.

Turner went on to say that it is illegal for the mayor or the council to influence any of the boards.

With that said, there are no current applications or litigation for the boards to be involved with in the area, which Turner said made this a good time for the amendment.

"Right now is the perfect time for this," he said.

The current commercial properties in the zone can be grandfathered into the new regulations, and new development can also happen.

Turner said that current commercial uses in the zone can be sold, and a new use can be implemented on the footprint.

"Commercial areas can still develop," Turner said. "It will place a status quo in the areas that are commercial and in the areas that are residential.

"The zone is not supposed to go all in one way or the other," he added.

Turner also said that it is possible to have a residential use on top of a commercial use and vice versa.

Turner explained that it is the job of the Planning Board to move forward with anything they come up with that will help the city."

We are always reviewing zoning and planning," he said. "We are looking at what the master plan calls for."

A public hearing on the amendment is scheduled for Sept. 22.

Contact Kenny Walter at

Kwalter@gmnews.com.


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