[Amended by Ord. No. 1999-36; Ord. No. 2003-41; Ord. No. 2004-12]
A.
Official Zoning Map.[1]
(1)
The locations and boundaries of the zoning districts of the
Borough are hereby established as shown on the Official Zoning Map
of the Borough of Red Bank, New Jersey, which is attached hereto and
is hereby made a part of this chapter, together with all notations,
references and designations shown thereon. This map was prepared by
Laura Neumann, P.E., P.P., CME Consulting & Municipal Engineers,
and last revised August 29, 2017. This map replaces the map prepared
by Christine Ballard, P.E., P.P., T&M Consulting Engineers, last
revised February 4, 2010.
[Amended 2-22-2010 by Ord. No. 2010-6; 10-11-2017 by Ord. No. 2017-31]
(2)
Authentication of Official Zoning Map. Subsequent to the adoption
of this chapter, the original copy of the Official Zoning Map shall
be authenticated by the Mayor's signature, and the Seal of the municipality,
attested by the Borough Clerk, under the following certificate:
|
"I certify that this is the Official Zoning Map of the Borough
of Red Bank, New Jersey, referred to in the Code of the Borough of
Red Bank, New Jersey."
|
(3)
Maintenance of the Official Zoning Map. Said original copy of
the Official Zoning Map shall be maintained in the office of the Borough
Clerk and shall be made available for public reference. Copies of
all or a part of the Official Zoning Map may be reproduced for public
distribution. However, the original copy of the Official Zoning Map
maintained in the office of the Borough Clerk shall be the final authority
as to the current status of zoning districts in the Borough of Red
Bank.
(4)
Changes to the Official Zoning Map.
(a)
When, in accordance with the provisions of this chapter and
of state law, changes are made in district boundaries or other matters
portrayed in the Official Zoning Map, such changes will not become
effective until the Official Zoning Map has been amended, with an
entry bearing an additional notation explaining the most recent change
thereto, such as:
[Amended 2-22-2010 by Ord. No. 2010-6; 10-11-2017 by Ord. No. 2017-31]
|
"On June 9, 2009, by Ordinance No. 2009-19, and on September
28, 2009, by Ordinance No. 2009-39, the governing body made the following
changes in the Official Zoning Map:
| |
|
Addition of the Washington Street Historic District and addition
of the Train Station Overlay Zone."
|
(b)
Each such entry shall be signed by the Mayor and attested by
the Borough Clerk. Each ordinance amending the Official Zoning Map
in any manner shall include the provision that it shall not take effect
until the Official Zoning Map has been amended in accordance with
these provisions.
(c)
No changes of any nature shall be made to the Official Zoning
Map except in conformity with the above procedure. Any unauthorized
changes to the map or its contents by any person or persons shall
be considered a violation of this chapter.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
B.
Interpretation of district boundaries.
(1)
Zone district boundaries are intended to follow street, lot
or property lines, or other natural lines such as the center line
of watercourses, ditches or lagoons, unless such district or zone
boundaries are fixed by dimension on the Zoning Map or by description
and shall include contiguous riparian lands subsequently acquired
and/or filled and lands acquired by accretion or stream diversion
by natural causes.
(2)
In constructing the Official Zoning Map, the following rules
shall apply:
(a)
Boundaries indicated as following the center lines of streets,
highways or alleys or streams, rivers or other bodies of water shall
be construed to follow such center lines.
(b)
Boundaries indicated as approximately following platted lot
lines shall be construed as following such lot lines.
(c)
Boundaries indicated as following railroad lines shall be construed
to be midway between the main tracks.
(e)
Where a zone district boundary fixed by dimensions approximately
follows and is not more than 20 feet distant from a lot line, such
lot line shall be construed to be the zone boundary.
[Amended by Ord. No. 1998-4; Ord. No. 1998-33; Ord. No. 2003-41]
A.
The Borough of Red Bank is hereby divided into districts as follows:
[Amended 11-13-2006 by Ord. No. 2006-53; 6-9-2009 by Ord. No.
2009-18; 9-28-2009 by Ord. No. 2009-39; 9-28-2009 by Ord. No.
2009-46; 11-21-2016 by Ord. No. 2016-23; 12-14-2016 by Ord. No. 2016-25; 9-27-2017 by Ord. No. 2017-33]
|
Name of Zone District
|
Map Designation
|
Regulations in Section
| |
|---|---|---|---|
|
Class A Residence
|
RA
|
§ 490-137
| |
|
Class B Residence
|
RB
|
§ 490-138
| |
|
Class B-1 Residence
|
R-B1
|
§ 490-139
| |
|
Class B-2 Residence
|
R-B2
|
§ 490-140
| |
|
Class D Residence
|
RD
|
§ 490-141
| |
|
Neighborhood Business
|
NB
|
§ 490-142
| |
|
Business/Residential-1
|
BR-1
|
§ 490-146
| |
|
Business/Residential-2
|
BR-2
|
§ 490-151
| |
|
Highway Business
|
HB
|
§ 490-143
| |
|
Central Commercial District-1
|
CCD-1
|
§ 490-144
| |
|
Central Commercial District-2
|
CCD-2
|
§ 490-145
| |
|
Professional Office
|
PO
|
§ 490-147
| |
|
Waterfront Development
|
WD
|
§ 490-148
| |
|
Medical Service
|
MS
|
§ 490-149
| |
|
Light Industrial
|
LI
|
§ 490-150
| |
|
Industrial
|
I
|
§ 490-150
| |
|
Affordable Housing Overlay Zone
|
AH
|
§ 490-152
| |
|
Affordable Housing Overlay Zone One
|
AH-1
|
§ 490-153
| |
|
Design District Overlay Zone
|
DDO
|
§ 490-55
| |
|
Train Station Overlay
|
TS
|
§ 490-154
| |
|
55 West Front Street Redevelopment Area
|
See Ord. No. 2016-23
|
B.
The regulations set forth in this chapter for each district shall
be minimum regulations and shall apply uniformly to each class of
structure or land within the district, except as hereinafter provided.
C.
No structure shall hereafter be erected and no existing structure
shall be moved, altered, added to or enlarged, nor shall any land
or building or portion of a building be used, designed, or arranged
to be used for any purpose unless in conformity with all of the regulations
herein specified for the district in which it is located.
D.
Every main structure shall be located on a lot as defined in this
chapter. Except for planned development groups complying with all
the regulations applying thereto as prescribed by this chapter, no
more than one single- or two-family dwelling building and its accessory
buildings shall hereafter be erected on any one lot.
E.
No yard or lot existing at the time of passage of this chapter shall
be reduced in dimension or area below the minimum requirements set
forth herein. Yards or lots created after the effective date of this
chapter shall meet the minimum requirements established by this chapter.
[Amended by Ord. No. 1996-6; Ord. No. 1997-6; Ord. No. 1997-12; Ord. No. 2003-41]
A.
Any use not specifically listed as a permitted use, an accessory
use or a conditional use shall be deemed a prohibited use. This prohibition
shall be liberally construed as protective of the zoning scheme, and
any doubt shall be resolved in interpreting the doubtful use as prohibited.
B.
Mixed-use developments, which combine those uses that are permitted
individually in a particular zone district in a single development,
are permitted subject to:
(1)
The greatest or most restrictive area, yard and structure requirements,
as set forth for any individual use, shall apply to the reused use
development.
(3)
These combinations of uses are not permitted [and will require Zoning Board of Adjustment approval pursuant to § 490-8K(1)(d) of this chapter]:
(a)
Uses permitted only in the Industrial (I) Zone with any other
use.
(b)
Mortuary and funeral homes with any other use.
[Amended by Ord. No. 1996-6; Ord. No. 1998-27; Ord. No. 1999-6]
C.
Permitted accessory uses:
(2)
Private garage space for the storage of motor vehicles, provided
that said garage, whether attached or detached, shall be arranged
to open to the side or rear of the lot, unless detached and located
entirely to the rear of the principal building.
(4)
Swimming pools, subject also to Chapter XIV, Swimming Pools, of the 1987 Revised General Ordinances of the Borough of Red Bank and § 490-99 of this chapter.
(5)
Other customary residential accessory uses and buildings, subject to § 490-35 of this chapter, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory building or use shall be located at the same lot as the principal building.
E.
Area, yard and structure requirements:
(2)
Minimum lot frontage: 75 feet.
(3)
Minimum front setback: 30 feet, except in no case shall any
structure be less than 40 feet from the center line of the street.
(5)
Minimum side yard setback:
(a)
Principal structure: 12 feet, except that the combination of
both side yards must be at least 30 feet.
(b)
Accessory structure: eight feet.
(c)
Notwithstanding the foregoing requirements, air-conditioning units may be no closer than three feet to any lot line, provided that all screening and noise-reduction requirements are met. (See also § 490-101, Screening of equipment or machinery, and § 490-54, regarding noise standards.)
[Added 8-24-2009 by Ord. No. 2009-31]
(d)
Notwithstanding the foregoing requirements, standby generators must be enclosed by a sound-attenuated weatherproof box or cabinet and shall be no closer than three feet to any lot line, provided that all screening and noise-reduction requirements are met. Standby generators shall conform to the Uniform Construction Code Standards. (See also § 490-101, Screening of equipment or machinery, and § 490-54, regarding noise standards.)
[Added 12-5-2012 by Ord. No. 2012-20]
(6)
Maximum structure height: 35 feet and not exceeding 2 1/2
stories.
(8)
Maximum lot coverage of principal and accessory structures:
35%.
F.
Special requirements.
(1)
All applications for development in this zone on properties abutting or contiguous with the Navesink River and which require submission of a major site plan will be accompanied by an environmental impact report (EIR) as provided for in § 490-90 of this chapter.
(2)
All applications for development in this zone on properties
abutting or contiguous with the Navesink River and which require submission
of a major or minor site plan or major subdivision will include maximum
practical provisions for public access to the Navesink River. Unless
waived by the municipal agency, these provisions will include:
[Amended by Ord. No. 1996-6; Ord. No. 1998-27]
C.
Permitted accessory uses:
(2)
Private garage space for the storage of motor vehicles, provided
that said garage, whether attached or detached, shall be arranged
to open to the side or rear of the lot unless detached and located
entirely to the rear of the principal building.
(4)
Swimming pools, subject also to Chapter XIV, Swimming Pools, of the 1987 Revised General Ordinances of the Borough of Red Bank and § 490-99 of this chapter.
(5)
Other customary residential accessory uses and buildings, subject to § 490-35 of this chapter, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory building or use shall be located at the same lot as the principal building.
E.
Area, yard and structure requirements:
(1)
Minimum lot area: 3,500 square feet.
(2)
Minimum lot frontage: 50 feet.
(3)
Minimum front setback: 30 feet, except in no case shall any
structure be less than 40 feet from the center line of a street.
(5)
Minimum side yard setback:
(a)
Principal structure: 10 feet, except that the combination of
both side yards must be at least 20 feet.
(b)
Accessory structure: five feet.
(c)
Notwithstanding the foregoing requirements, air-conditioning units may be no closer than three feet to any lot line, provided that all screening and noise-reduction requirements are met. (See also § 490-101, Screening of equipment or machinery, and § 490-54, regarding noise standards.)
[Added 8-24-2009 by Ord. No. 2009-31]
(d)
Notwithstanding the foregoing requirements, standby generators must be enclosed by a sound-attenuated weatherproof box or cabinet and shall be no closer than three feet to any lot line, provided that all screening and noise-reduction requirements are met. Standby generators shall conform to the Uniform Construction Code Standards. (See also § 490-101, Screening of equipment or machinery, and § 490-54, regarding noise standards.)
[Added 12-5-2012 by Ord. No. 2012-20]
(6)
Maximum structure height: 35 feet and not exceeding 2 1/2
stories.
(8)
Maximum lot coverage of principal and accessory structures:
40%.
[Amended by Ord. No. 1996-6; Ord. No. 1998-27]
C.
Permitted accessory uses:
(2)
Private garage space for the storage of motor vehicles, provided
that, for detached single-family dwellings, said garage, whether attached
or detached, shall be arranged to open to the side or rear of the
lot, unless detached and located entirely to the rear of the principal
building.
(4)
Swimming pools, subject also to Chapter XIV, Swimming Pools, of the 1987 Revised General Ordinances of the Borough of Red Bank and § 490-99 of this chapter.
(5)
Other customary residential accessory uses and buildings, subject to § 490-35 of this chapter, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory building or use shall be located at the same lot as the principal building.
E.
Area, yard and structure requirements:
(1)
Minimum lot area: 4,500 square feet.
[Amended 5-29-2007 by Ord. No. 2007-25]
(2)
Minimum lot frontage: 50 feet.
[Amended 5-29-2007 by Ord. No. 2007-25]
(3)
Minimum front setback: 30 feet, except in no case shall any
structure be less than 40 feet from the center line of a street.
(5)
Minimum side yard setback:
[Amended 5-29-2007 by Ord. No. 2007-25]
(a)
Principal structure: 10 feet, except that the combination of
both side yards must be at least 20 feet.
(b)
Accessory structure: five feet.
(c)
Notwithstanding the foregoing requirements, air-conditioning units may be no closer than three feet to any lot line, provided that all screening and noise-reduction requirements are met. (See also § 490-101, Screening of equipment or machinery, and § 490-54, regarding noise standards.)
[Added 8-24-2009 by Ord. No. 2009-31]
(d)
Notwithstanding the foregoing requirements, standby generators must be enclosed by a sound-attenuated weatherproof box or cabinet and shall be no closer than three feet to any lot line, provided that all screening and noise-reduction requirements are met. Standby generators shall conform to the Uniform Construction Code Standards. (See also § 490-101, Screening of equipment or machinery, and § 490-54, regarding noise standards.)
[Added 12-5-2012 by Ord. No. 2012-20]
(6)
Maximum structure height: 35 feet and not to exceed 2 1/2
stories.
F.
Special requirements.
(1)
All applications for development in this zone on properties abutting or contiguous with the Navesink River and which require submission of a major site plan or major subdivision will be accomplished by an environmental impact report (EIR) as provided for in § 490-90 of this chapter.
(2)
All applications for development in this zone on properties
abutting or contiguous to the Navesink River and which require submission
of a major site plan or major subdivision will include maximum practical
provisions for public access to the Navesink River. Unless waived
by the municipal agency, these provisions will include:
(a)
An access easement of 25 feet minimum width along all river
frontage; and
[Amended by Ord. No. 1996-6; Ord. No. 1998-27]
C.
Permitted accessory uses:
(2)
Private garage space for the storage of motor vehicles, provided
that said garage, whether attached or detached, shall be arranged
to open to the side or rear of the lot, unless detached and located
entirely to the rear of the principal building.
(4)
Swimming pools, subject also to Chapter XIV, Swimming Pools, of the 1987 Revised General Ordinances of the Borough of Red Bank and § 490-99 of this chapter.
(5)
Other customary residential accessory uses and structures, subject to § 490-35 of this chapter, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory building or use shall be located at the same lot as the principal structure.
E.
Area, yard and structure requirements:
(3)
Minimum front yard setback: 30 feet, except in no case shall
any structure be less than 40 feet from the center line of a street.
(5)
Minimum side yard setback:
(a)
Single-family:
[1]
Principal structure: 10 feet, except that the combination of
both side yards must be at least 20 feet.
[2]
Accessory structure: five feet.
[3]
Notwithstanding the foregoing requirements, air-conditioning units may be no closer than three feet to any lot line, provided that all screening and noise-reduction requirements are met. (See also § 490-101, Screening of equipment or machinery, and § 490-54, regarding noise standards.)
[Added 8-24-2009 by Ord. No. 2009-31]
[4]
Notwithstanding the foregoing requirements, standby generators must be enclosed by a sound-attenuated weatherproof box or cabinet and shall be no closer than three feet to any lot line, provided that all screening and noise-reduction requirements are met. Standby generators shall conform to the Uniform Construction Code Standards. (See also § 490-101, Screening of equipment or machinery, and § 490-54, regarding noise standards.)
[Added 12-5-2012 by Ord. No. 2012-20]
(b)
Two-family:
[1]
Principal structure: 10 feet, except that the combination of
both side yards must be at least 25 feet.
[2]
Accessory structure: five feet.
[3]
Notwithstanding the foregoing requirements, air-conditioning units may be no closer than three feet to any lot line, provided that all screening and noise-reduction requirements are met. (See also § 490-101, Screening of equipment or machinery, and § 490-54, regarding noise standards.)
[Added 8-24-2009 by Ord. No. 2009-31]
[4]
Notwithstanding the foregoing requirements, standby generators must be enclosed by a sound-attenuated weatherproof box or cabinet and shall be no closer than three feet to any lot line, provided that all screening and noise-reduction requirements are met. Standby generators shall conform to the Uniform Construction Code Standards. (See also § 490-101, Screening of equipment or machinery, and § 490-54, regarding noise standards.)
[Added 12-5-2012 by Ord. No. 2012-20]
(6)
Maximum structure height: 35 feet and not exceeding 2 1/2
stories.
(7)
Minimum gross habitable floor area:
(8)
Maximum lot coverage of principal and accessory structures:
40%.
F.
Special
requirements.
[Added 7-25-2012 by Ord. No. 2012-16]
(1)
All applications for development in this zone on properties abutting or contiguous with the Navesink River and which require submission of a major site plan will be accompanied by an environmental impact report (EIR) as provided for in § 490-90 of this chapter.
(2)
All
applications for developments in this zone on properties abutting
or contiguous with the Navesink River and which require submission
of a major or minor site plan or major subdivision will include maximum
practical provisions for public access to the Navesink River. Unless
waived by the municipal agency, these provisions will include:
[Amended by Ord. No. 1996-6; Ord. No. 1998-4; Ord. No. 1998-33; Ord. No. 2001-23]
A.
Permitted uses:
(2)
Detached two-family dwellings.
(3)
Multifamily dwellings known as "garden apartments" or "apartment houses" at a density not to exceed 15 dwelling units per acre, except that properties fronting on the river, not to exceed six units per acre, and all properties on the river are to comply with the open space recreation requirements of § 490-96 of this chapter, which area is to be dedicated as an open space easement. To determine the number of dwelling units permitted on a tract, the total acreage of the tract shall be multiplied by either 15 or six, whichever number is applicable. Any fraction greater than 0.50 shall be rounded up. This number shall be the maximum number of units allowed on the tract.
(4)
Multifamily dwellings known as "townhouses" at density not to exceed 12 dwelling units per acre, except that properties fronting on the river shall not exceed six dwelling units per acre and are to comply with the open space recreation requirements of § 490-96 of this chapter, which area shall be designated as an open space easement. To determine the number of dwelling units permitted on a tract, the total acreage of the tract shall be multiplied by either 12 or six, whichever number is applicable. Any fraction greater than 0.50 shall be rounded up. This number shall be the maximum number of units allowed on the tract.
(5)
Essential services and public utilities.
C.
Permitted accessory uses:
(2)
Private garage space for the storage of motor vehicles, provided
that said garage, whether attached or detached, shall be arranged
to open to the side or rear of the lot unless detached and located
entirely to the rear of the principal structure.
[Amended 5-29-2007 by Ord. No. 2007-25]
(4)
Swimming pools, subject also to Chapter XIV, Swimming Pools, of the 1987 Revised General Ordinances of the Borough of Red Bank and § 490-99 of this chapter.
(5)
Other customary residential accessory uses and structures, subject to § 490-35 of this chapter, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business; any such accessory building or use shall be located at the same lot as the principal structure.
E.
Area, yard and structure requirements:
(1)
Minimum lot area:
(a)
Detached single-family: 3,500 square feet, except, for lots
fronting on the river, 5,000 square feet.
[Amended 4-23-2007 by Ord. No. 2007-15[2]]
[2]
Editor's Note: This ordinance also repealed original § 25-10.8e1(b),
regarding attached single-family dwellings, which immediately followed
this subsection.
(b)
Two-family: 7,000 square feet.
(c)
Garden apartments: 120,000 square feet.
(d)
Townhouses: 120,000 square feet.
(2)
Minimum lot frontage:
(3)
Minimum front yard setback: 30 feet, except in no case shall
any building be less than 40 feet from the center line of a street.
(5)
Minimum side yard setback:
(a)
Principal structure:
[1]
Detached single-family: four feet, except that the combination of both side yards must be at least 15 feet; except that, for properties with river frontage, 10 feet, and the combination of both side yards must be at least 20 feet. However, air-conditioning units may be no closer than three feet to any lot line, provided that all screening and noise-reduction requirements are met. (See also § 490-101, Screening of equipment or machinery, and § 490-54, regarding noise standards.)[4]
[Amended 8-24-2009 by Ord. No. 2009-31]
[4]
Editor's Note: Original § 25-10.8e5(a)(2), regarding
attached single-family dwellings, which immediately followed this
subsection, was repealed 5-29-2007 by Ord. No. 2007-25.
[2]
Two-family: 7.5 feet, except that the combination of both side yards must be at least 20 feet. However, air-conditioning units may be no closer than three feet to any lot line, provided that all screening and noise-reduction requirements are met. (See also § 490-101, Screening of equipment or machinery, and § 490-54, regarding noise standards.)
[Amended 8-24-2009 by Ord. No. 2009-31]
[3]
Garden apartments and apartment houses: 20 feet.
[4]
Townhouses: 15 feet.
(6)
Maximum structure height: 35 feet and not exceeding 2 1/2
stories.
(7)
F.
Special requirements.
(1)
All applications for development in this zone on properties abutting or contiguous with the Navesink River and which require submission of a major site plan or major subdivision will be accompanied by an environmental impact report (EIR) as provided for in § 490-90 of this chapter.
[Amended 5-29-2007 by Ord. No. 2007-25]
(2)
All applications for development in this zone on properties
abutting or contiguous to the Navesink River and which require submission
of a major site plan or major subdivision will include maximum practical
provisions for public access to the Navesink River. These provisions
will include, at a minimum:
[Amended by Ord. No. 1988-21; Ord. No. 1994-3; Ord. No. 1996-6; Ord. No. 1998-33; Ord. No. 2004-11; Ord. No. 2004-16; Ord. No. 2005-47]
A.
Permitted uses:
(1)
Professional office.
(2)
Business office.
(6)
Primary liquor-service establishment.
(7)
Printing, publishing or bookbinding.
(8)
Government offices, including federal, state, county or municipal
buildings and grounds, but excluding schools.[3]
[3]
Editor's Note: Original § 25-10.9a10, which listed
lodges, clubs and fraternal organizations as permitted uses, which
immediately followed this subsection, was repealed 8-24-2009 by Ord.
No. 2009-34.
(9)
Dwelling apartment uses on floors above the street-level floor;
provided, however, that there shall not be more than two such dwelling
apartments on each floor or more than a total of four such dwelling
apartments in any building. Each dwelling apartment shall have a minimum
of 600 square feet of habitable floor area and shall have no more
than two bedrooms.
(10)
Essential services.
(11)
Commercial recreational uses.
[Added 11-7-2018 by Ord.
No. 2018-30]
B.
Required accessory uses:
(1)
Off-street parking, subject to the provisions of § 490-98 of this chapter, except that in applications for nonresidential changes of occupancy between retail, personal service, business or professional offices, where there is no new gross floor area proposed and the proposed change results in a deficiency of less than five parking spaces, and no other variances or design waivers are required, then no variance shall be required for the parking space deficiency, and the administrative officer may grant administrative approval.
[Amended 8-24-2009 by Ord. No. 2009-36; 4-12-2017 by Ord. No. 2017-13]
(2)
Off-street loading with enclosed storage structures.
D.
Conditional uses, subject to the provisions of Article IX of this chapter:
(1)
Churches and places of worship.
(2)
Educational uses.
(3)
Public and quasi-public recreation areas.
(4)
Public utilities.
(5)
(Reserved)[4]
[4]
Editor’s Note: Former Subsection D(5), listing motor
vehicle service stations as a conditional use, was repealed 6-19-2019
by Ord. No. 2019-24. Former Subsection D(6), listing motor vehicle
repair garages as a conditional use, which immediately followed, was
repealed 9-25-2019 by Ord. No. 2019-61.
E.
Area, yard and structure requirements:
(1)
Minimum lot area: no requirements.
(2)
Minimum lot frontage: 50 feet.
(3)
Minimum front setback: no requirements, except in no case shall
any structure be less than 40 feet from the center line of a street,
unless it is in alignment of the adjacent setbacks.
(4)
Minimum rear yard setback: 25 feet.
(5)
Minimum side yard setback: no requirements, except, if abutting
a residential zone district or existing residential use, 10 feet.
(6)
Maximum structure height: 35 feet and not exceeding 2 1/2
stories.
(7)
Maximum lot coverage of principal and accessory structures:
60%.
(8)
Minimum unoccupied open space: 15%.
(9)
Maximum floor area ratio (FAR): 1.75.
[Amended by Ord. No. 1988-21; Ord. No. 1991-14; Ord. No. 1992-7; Ord. No. 1996-6; Ord. No. 1997-22; Ord. No. 1998-33; Ord. No. 2004-21]
A.
Permitted uses:
(1)
Professional office.
(2)
Business office.
(3)
Retail commercial uses.
(4)
Personal service uses.
(5)
Banks, trust companies and deposit institutions.
(6)
Primary food-service establishments.
(7)
Fast-food-service establishments (pedestrians or automobile
oriented).
(8)
Theaters, auditoriums and exhibit halls.
(9)
Nightclubs, adult oriented businesses, and lounges, limited
to that portion of the Highway Business Zone District located along
Newman Springs Road and bounded on both the east and west by the rights-of-way
of the Consolidated Rail Corporation, and further provided that the
site does not abut residential property.
[Amended 12-19-2012 by Ord. No. 2012-21]
(10)
Motor vehicle sales and leasing agencies.
(11)
Motor vehicle diagnostic and service facilities.
(12)
Motor vehicle washing facilities.
(13)
Hotels and motels.
(14)
Mortuary and funeral homes.
(15)
Government offices, including federal, state, county or municipal
buildings and grounds, but excluding schools.
(16)
Lodges, clubs and fraternal organizations.
(17)
Essential services.
(18)
Commercial recreational uses.
[Added 11-7-2018 by Ord.
No. 2018-30]
(19)
Motor vehicle service stations. May be in combination with retail
commercial uses, fast food service establishments and/or motor vehicle
washing facilities. In aggregate, the retail commercial uses, food
service establishments and motor vehicle washing facilities must be
under 3,000 in gross square footage for them to be permitted uses.
Motor vehicle service stations shall be subject to the following additional
requirements.
[Added 9-25-2019 by Ord.
No. 2019-60]
(a)
Minimum fueling equipment setback of 25 feet from all lot lines.
(b)
All fuel tanks to be underground.
(c)
No outside display or storage of accessory goods such as water,
oil and antifreeze.
(d)
Generators required that can service the entire site in the
event of a power outage.
(e)
At least one electric vehicle charging station shall be provided.
(f)
No drive-up facilities are permitted for fast food service establishments
or non-service station retail establishments.
(20)
Cannabis delivery services.
[Added 8-18-2021 by Ord. No. 2021-17]
B.
Required accessory uses:
(3)
Buffers and screening, subject to the provisions of § 490-81 of this chapter.
[Amended 12-5-2012 by Ord. No. 2012-23]
(4)
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(4), regarding contribution
to the Red Bank Borough Municipal Parking Utility Capital Improvement
Fund, was repealed 4-12-2017 by Ord. No. 2017-13. Original § 25-10.10b5,
pertaining to buffers and screening, which immediately followed this
subsection, was repealed 12-5-2012 by Ord. No. 2012-23.
D.
E.
Area, yard and structure requirements:
(1)
Minimum lot area: 10,000 square feet.
(2)
Minimum lot frontage: 150 feet.
(4)
Minimum rear yard setback: 20 feet, except, if abutting a residence
zone, 40 feet.
(5)
Minimum side yard setback: 15 feet, except that the combination
of both side yards must be 40 feet.
(6)
Maximum structure height: 40 feet.
(7)
Maximum lot coverage of principal and accessory structures:
40%.
(8)
Minimum unoccupied open space: 20%.
[Amended by Ord. No. 1988-21; Ord. No. 1991-9; Ord. No. 1991-14; Ord. No. 1992-7; Ord. No. 1993-11; Ord. No. 1996-6; Ord. No. 1997-12; Ord. No. 1998-4; Ord. No. 2003-26; Ord. No. 2004-21]
A.
Permitted uses:
(1)
Professional office.
(2)
Business office.
(3)
Retail commercial uses, except:
(a)
Large food stores exceeding 8,000 square feet, commonly called
"supermarkets."
(b)
Thrift stores, secondhand, pawn and consignment shops.
(c)
Shops which offer for sale firearms and/or ammunition.
(d)
Antique sales will only be permitted on properties fronting
on Broad Street with at least 1,000 square feet, but not to exceed
4,000 square feet, of ground floor area.
(5)
Banks, trust companies and deposit institutions without vehicle
drive-up facilities.
(6)
Primary food-service establishment.
(7)
Dwelling apartment uses on floors above the street-level floor,
with the following conditions:
[Amended 9-28-2009 by Ord. No. 2009-32; 4-24-2019 by Ord. No. 2019-12]
(a)
Maximum density does not exceed 25 dwelling units per acre.
(b)
For structures in existence prior to September 2009, maximum
25 dwelling units per acre density, except that the density can be
increased to allow no more than four size conforming dwelling units.
(c)
All dwelling units shall be a least 600 square feet of habitable
area and no more than two bedrooms per unit.
(d)
Ground floor commercial uses shall constitute a minimum 50%
of the floor area of any floor above with the largest floor area.
(8)
Theaters.
(9)
Government offices, including federal, state, county or municipal
buildings and grounds, but excluding schools.
(10)
Essential services.
(11)
Commercial recreational uses.
[Added 11-7-2018 by Ord.
No. 2018-30]
(12)
Cannabis delivery services.
[Added 8-18-2021 by Ord. No. 2021-17]
B.
Required accessory uses:
(1)
Off-street parking, subject to the provisions of § 490-98 of this chapter, except that, in applications for nonresidential changes of occupancy between retail, personal service, business or professional offices, where there is no new gross floor area proposed and the proposed change results in a deficiency of less than five parking spaces, and no other variances or design waivers are required, then no variance shall be required for the parking space deficiency, and the administrative officer may grant administrative approval, provided the applicant pays all applicable contributions to the Municipal Parking Utility Capital Improvement Fund in accordance with the applicable Parking Deficiency Schedule, and provided further that this requirement may be met as set forth in Subsection B(3) of this section.
[Amended 4-13-2009 by Ord. No. 2009-10]
(3)
Off-street parking and off-street loading requirements may be
met by:
(a)
Providing the required spaces on site.
(b)
Providing the required spaces on other properties owned by or
under the control of the developer, located within a zone which permits
the proposed use(s), either contiguous with or within 500 feet walking
distance of a primary pedestrian entrance to the site being developed.
(c)
Providing evidence that a specific agreement exists with the
Red Bank Borough Municipal Parking Utility which provides for the
developer to lease sufficient spaces from the Parking Utility.
D.
E.
Area, yard and structure requirements:
(1)
Minimum lot area: no requirements.
(2)
Minimum lot frontage: 35 feet, except, for lots and uses in
existence prior to April 23, 1979, no requirements.
(3)
Minimum front setback: for properties fronting on Broad Street:
no requirements; for all other properties: 10 feet.
[Amended 9-28-2009 by Ord. No. 2009-32]
(4)
Minimum rear yard setback: 10 feet, except, where abutting a
residential zone district or an existing residential use, 25 feet.
(5)
Minimum side yard setback: no requirements, except, where abutting
a residential zone district or an existing residential use, 10 feet.
(6)
Maximum structure height: 40 feet and not exceeding four stories.
[Amended 9-28-2009 by Ord. No. 2009-32]
(7)
Minimum gross habitable ground floor area: no requirements.
(8)
Maximum lot coverage of principal and accessory structures:
65%, plus that percentage of the site which is arranged, finished
and intended to be used and is usable by the general public, including
plazas, widened sidewalks, seating areas, mini parks and similar facilities.
(9)
Minimum unoccupied open space: 10%.
(10)
Maximum floor area ratio: 1.7.
[Amended 9-28-2009 by Ord. No. 2009-32]
[Amended by Ord. No. 1988-21; Ord. No. 1991-9; Ord. No. 1991-14; Ord. No. 1992-7; Ord. No. 1993-18; Ord. No. 1996-6; Ord. No. 1998-4; Ord. No. 2000-6; Ord. No. 2000-35; Ord. No. 2003-26; Ord. No. 2005-22; Ord. No. 2005-24; Ord. No. 2005-53]
A.
Permitted uses:
(1)
Professional office, except on street-level properties fronting
on Broad Street, Monmouth Street, White Street, English Plaza, and
East Front Street; however, professional offices may be located at
street level on the north side of White Street between Maple Avenue
and 300 feet east of Maple Avenue.
[Amended 10-12-2009 by Ord. No. 2009-33]
(2)
Business office, except on street-level properties fronting
on Broad Street, Monmouth Street, White Street, English Plaza and
East Front Street; however, business offices may be located at street
level on the north side of White Street between Maple Avenue and 300
feet east of Maple Avenue, the easterly side of Broad Street, between
the lot fronting the southeast corner of Linden Place and the lot
fronting the northeast corner of Wallace Street, provided said business
office occupies not less than 5,000 square feet on street level.
[Amended 10-12-2009 by Ord. No. 2009-33]
(3)
Retail commercial uses, except:
(a)
Large food stores exceeding 8,000 square feet, commonly called
"supermarkets."
(b)
Thrift stores, secondhand, pawn and consignment shops.
(c)
Shops which offer for sale firearms and/or ammunition.
(d)
Antique sales will only be permitted on properties fronting
on Broad Street with at least 1,000 square feet of ground floor area,
but not to exceed 4,000 square feet of ground floor area.
(5)
Banks, trust companies, and deposit institutions without drive-up
facilities, but not on or upon properties fronting on Broad Street.
[Amended 9-25-2019 by Ord. No. 2019-61]
(6)
Primary food-service establishments.
(7)
Dwelling apartment uses on floors above the street-level floor,
with the following conditions:
[Amended 10-12-2009 by Ord. No. 2009-33; 4-24-2019 by Ord.
No. 2019-12]
(a)
Maximum density does not exceed 25 dwelling units per acre.
(b)
For structures in existence prior to September 2009, maximum
25 dwelling units per acre density, except that the density can be
increased to allow no more than four size conforming dwelling units.
(c)
All dwelling units shall be a least 600 square feet of habitable
area and no more than two bedrooms per unit.
(d)
Ground floor commercial uses shall constitute a minimum 50%
of the floor area of any floor above with the largest floor area.
(8)
Theaters.
(9)
Hotel/motels located north of Front Street.
(10)
Essential services.
(11)
Children's philanthropic uses, except on properties fronting
on Broad and Front Streets or east of Broad Street.
(12)
Commercial parking facilities.
[Added 10-12-2009 by Ord. No. 2009-33; amended 11-23-2009 by Ord. No.
2009-52]
(13)
Commercial recreational uses.
[Added 11-7-2018 by Ord.
No. 2018-30]
(14)
Cannabis delivery services.
[Added 8-18-2021 by Ord. No. 2021-17]
B.
Required accessory uses:
(1)
Off-street parking, subject to the provisions of § 490-98 of this chapter, except that in applications for nonresidential changes of occupancy between retail, personal service, business or professional offices, where there is no new gross floor area proposed and the proposed change results in a deficiency of less than five parking spaces, and no other variances or design waivers are required, then no variance shall be required for the parking space deficiency, and the administrative officer may grant administrative approval, provided the applicant pays all applicable contributions to the Municipal Parking Utility Capital Improvement Fund in accordance with the applicable Parking Deficiency Schedule, and provided further that this requirement may be met as set forth in Subsection B(3) of this section.
[Amended 4-13-2009 by Ord. No. 2009-10]
(3)
Off-street parking and off-street loading requirements may be
met by:
(a)
Providing the required spaces on site.
(b)
Providing the required spaces on other properties owned by or
under the control of the developer, located within a zone which permits
the proposed use(s), either contiguous with or within 500 feet walking
distance of a primary pedestrian entrance to the site being developed.
(c)
Providing evidence that a specific agreement exists with the
Red Bank Borough Municipal Parking Utility which provides for the
developer to lease sufficient spaces from the Parking Utility.
D.
Conditional uses:
(1)
Churches and places of worship.
(2)
Public utilities.
(3)
Public and quasi-public recreation areas.[3]
[3]
Editor's Note: Original § 25-10.12d4, Commercial parking facilities, which immediately followed this subsection, was repealed 11-23-2009 by Ord. No. 2009-52. Former Subsection D(4), which subsequently followed this subsection and pertained to signs which are conditional uses, subject to § 490-104, was repealed 12-12-2018 by Ord. No. 2018-38.
(4)
Cannabis
retailers.
[Added 8-18-2021 by Ord. No. 2021-17]
E.
Area, yard and structure requirements:
(1)
Minimum lot area: no requirements, except for commercial parking
facilities, which shall be no less than 20,000 square feet.
[Amended 11-23-2009 by Ord. No. 2009-52]
(2)
Minimum lot frontage: 35 feet, except, for lots and uses in
existence prior to April 23, 1979, no requirements.
(3)
Minimum front setback: no requirements.
[Amended 10-12-2009 by Ord. No. 2009-33]
(4)
Minimum rear yard setback: 10 feet, except, where abutting a
residential zone district or an existing residential use, 25 feet.
(5)
Minimum side yard setback: no requirements, except, where abutting
a residential zone district or abutting an existing residential use,
10 feet; and for commercial parking facilities abutting a residential
zone district or an existing first-floor residential use, 25 feet.
[Amended 11-23-2009 by Ord. No. 2009-52]
(6)
Maximum structure height: 40 feet and not exceeding four stories.
[Amended 10-12-2009 by Ord. No. 2009-33]
(7)
Minimum gross habitable ground floor area: no requirements.
(8)
Maximum lot coverage of principal and accessory structures:
65%, plus that percentage of the site which is arranged, finished
and intended to be used and is usable by the general public, including
plazas, widened sidewalks, seating areas, mini parks and similar facilities.
(9)
Minimum unoccupied open space: 10%.
(10)
Maximum floor area ratio: 1.7.
[Amended 10-12-2009 by Ord. No. 2009-33]
F.
Special requirements.
(2)
For commercial parking facilities:
[Added 11-23-2009 by Ord. No. 2009-52]
(a)
Artificial lighting that will provide a minimum lighting level
of 0.5 horizontal footcandle throughout the parking area and access
drives. Screening or shielding shall be required to prevent glare
upon adjacent properties.
(b)
Attended parking facilities shall provide an accessory building
with sanitary facilities, or alternative plans for sanitary facilities
shall be submitted in writing for approval.[5]
[5]
Editor's Note: Original § 25-10.13, Regulations
controlling Special Business-1 Zone District, which previously followed
this section, as amended by Ord. Nos. 1988-21, 1989-10, 1992-7, 1994-3,
1996-6 and 1998-27, was repealed by Ord. Nos. 1998-33 and 2003-41.
[Amended by Ord. No. 1998-33; Ord. No. 2000-35; Ord. No. 2003-26; Ord. No. 2005-9]
A.
Permitted uses:
(1)
Detached single-family dwellings.
(2)
Dwelling uses on floors above street level where each dwelling
has a minimum of 1,000 square feet of habitable floor area and no
more than two bedrooms at a maximum density of 16 units per acre,
except that the permitted maximum density may be increased to allow
up to four residential units per site when the rate of 16 units per
acre results in less than four units.
[Amended 10-12-2009 by Ord. No. 2009-37]
(3)
Multifamily dwellings, known as "garden apartments" or "apartment houses," at a density not to exceed 16 units per gross acre; or townhouses at a density not to exceed 14 units per gross acre, subject to § 490-96 of this chapter.
[Amended 10-12-2009 by Ord. No. 2009-37]
(4)
Professional offices and home professional offices.
(5)
Business offices.
(7)
Personal service establishments, except:
[Amended 10-12-2009 by Ord. No. 2009-37]
(8)
Art studios and galleries.
(9)
Banks, trust companies and deposit institutions without drive-up
facilities.
[Amended 9-25-2019 by Ord. No. 2019-61]
(10)
Primary food-service establishments.
(11)
Primary liquor-service establishments.
(13)
Hotel and motel.
(14)
Theaters.
(15)
Mortuary and funeral homes.
(16)
Lodges, clubs and fraternal organizations.
(17)
Government offices, including federal, state, county or municipal
buildings and grounds, but excluding schools and facilities such as
maintenance or storage yards.
(18)
Essential services.
(19)
Commercial recreational uses.
[Added 11-7-2018 by Ord.
No. 2018-30]
(20)
Cannabis delivery services.
[Added 8-18-2021 by Ord. No. 2021-17]
B.
Required accessory uses:
(1)
Off-street parking, subject to the provisions of § 490-98, except that, in applications for nonresidential changes of occupancy between retail, personal service, business or professional offices, where there is no new gross floor area proposed and the proposed change results in a deficiency of less than five parking spaces, and no other variances or design waivers are required, then no variance shall be required for the parking space deficiency, and the administrative officer may grant administrative approval, provided the applicant pays all applicable contributions to the Municipal Parking Utility Capital Improvement Fund in accordance with the applicable Parking Deficiency Schedule, and provided further that this requirement may be met as set forth in Subsection B(3)(d) below.
[Amended 4-12-2010 by Ord. No. 2010-15]
(3)
Off-street parking and off-street loading requirements may be
met by:
[Amended 4-12-2010 by Ord. No. 2010-15]
(a)
Providing the required spaces on site.
(b)
Providing the required spaces on other properties owned by or under
the control of the developer located within a zone which permits the
proposed uses either contiguous with or within 500 feet walking distance
of a primary pedestrian entrance to the site being developed.
(c)
Providing evidence that a specific agreement exists with the Red
Bank Borough Municipal Parking Utility which provides for the developer
to lease sufficient spaces from the Parking Utility.
C.
Permitted accessory uses:
(2)
Private garage space for the storage of motor vehicles, provided
that the garage, whether attached or detached, shall be arranged to
open to the side or rear of the lot, unless detached and located entirely
to the rear of the principal structure.
(4)
Off-street loading within enclosed storage structures.
(5)
Other customary residential accessory uses and buildings, subject to § 490-35 of this chapter, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory building or use shall be located at the same lot as the principal structure.[4]
[4]
Editor's Note: Original § 25-10.14c6, regarding
personal earth terminals, which immediately followed this subsection,
was repealed 10-12-2009 by Ord. No. 2009-37.
(6)
Commercial parking facilities.
[Added 10-12-2009 by Ord. No. 2009-37]
D.
E.
Area, yard and structure requirements:
(3)
Minimum front yard setbacks: all uses, 25 feet, except, for
properties fronting on Monmouth Street, the setback shall be 10 feet,
provided a ten-foot unobstructed sidewalk is provided.
[Amended 10-12-2009 by Ord. No. 2009-37]
(5)
Minimum side yard requirement:
(a)
Detached single-family and home professional office: 10 feet,
except for the following:
[Amended 10-12-2009 by Ord. No. 2009-37; 12-5-2012 by Ord. No.
2012-20]
[2]
Standby generators must be enclosed by a sound-attenuated weatherproof box or cabinet and shall be no closer than three feet to any lot line, provided that all screening and noise-reduction requirements are met. Standby generators shall conform to the Uniform Construction Code Standards. (See also § 490-101, Screening of equipment or machinery, and § 490-54, regarding noise standards.)
(b)
Garden apartments and apartment houses: 15 feet, except that
both side yards combined shall be not less than 40 feet.
(c)
Townhouses: 15 feet.
(d)
Other uses: 10 feet.
(e)
Exception: minimum side yard for accessory buildings: four feet.
(7)
Minimum gross habitable floor area:
[Amended 10-12-2009 by Ord. No. 2009-37]
(a)
Efficiency units: 750 square feet.
(b)
One-bedroom unit: 900 square feet per unit.
(c)
Two-bedroom unit: 1,100 square feet per unit.
(d)
Three-bedroom unit: 1,250 square feet per unit.
(e)
Garden apartments and apartment houses: 1,000 square feet per
unit with at least 500 square feet per unit of ground floor area.
(f)
Townhouses: 1,000 square feet per unit with at least 700 square
feet per unit of ground floor area.
(g)
Other uses: no requirements.
(10)
Maximum floor area ratio: 2.1.
[Amended 10-12-2009 by Ord. No. 2009-37]
[Amended by Ord. No. 1988-21; Ord. No. 1996-6; Ord. No. 1998-27; Ord. No. 1998-33; Ord. No. 2000-35; Ord. No. 2004-21]
A.
Permitted uses:
(1)
Detached single-family dwellings.
(2)
Home professional offices.
(3)
The following shall be considered permitted uses, provided that the physical arrangement of the proposed use will not result in alteration of any existing buildings or property nor require any new construction which is not residential in character and appearance as provided in § 490-47 of this chapter:
(a)
At any location in the district:
[Amended 4-24-2019 by Ord. No. 2019-13]
[1]
Professional offices and business offices.
[2]
Professional office and business offices with apartments providing
residential density of no greater than six units per acre with a minimum
of 600 square feet of habitable floor area for each apartment, except
that first-floor apartments are a minimum of 1,000 square feet.
(b)
Only on properties in the zone district with frontage on Maple
Avenue and Broad Street:
[1]
Professional offices.
[2]
Business offices.
[3]
Banks, trust companies and deposit institutions.
[4]
Government offices, including federal, state, county or municipal
buildings and grounds, but excluding schools and facilities such as
maintenance or storage yards.[1]
[1]
Editor's Note: Original § 25-10.15a3(b)(5), Lodges,
clubs and fraternal organizations, which immediately followed this
subsection, was repealed 8-24-2009 by Ord. No. 2009-34.
[5]
Essential services.
B.
Required accessory uses:
(4)
(Reserved)[2]
[2]
Editor's Note: Former Subsection B(4), regarding contribution
to the Red Bank Borough Municipal Parking Utility Capital Improvement
Fund, was repealed 4-12-2017 by Ord. No. 2017-13. Original § 25-10.15b5,
pertaining to buffers and screening, which immediately followed this
subsection, was repealed at time of codification of the Planning and
Development Regulations.
C.
Permitted accessory uses:
(2)
Private garage space for the storage of motor vehicles, provided
that said garage, whether attached or detached, shall be arranged
to open to the side or rear of the lot, unless detached and located
entirely to the rear of the principal structure.
(4)
Swimming pools, subject also to Chapter XIV, Swimming Pools, of the 1987 Revised General Ordinances of the Borough of Red Bank and § 490-99 of this chapter.
(5)
Other customary residential accessory uses and buildings, subject to § 490-35 of this chapter, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory structure or use shall be located at the same lot as the principal structure.
D.
Conditional uses, subject to the provisions of Article IX of this chapter:
E.
Area, yard and structure requirements: [NOTE: Area,
yard and structure requirements for detached single-family dwellings
shall conform to the RB Zone.]
(1)
Minimum lot area:
(3)
Minimum front setback:
(a)
For home professional offices, business offices and business
and professional offices with apartments: 30 feet.
[Amended 4-24-2019 by Ord. No. 2019-13]
(b)
For all other uses: 40 feet, except in no case less than the
setback of any existing structures on adjoining lots but not more
than 60 feet.
(c)
In no case shall any structure be less than 40 feet from the
center line of a street.
(5)
Minimum side yard setback:
(a)
For home professional offices, business offices, business and
professional offices with apartments and professional offices:
[Amended 8-24-2009 by Ord. No. 2009-31; 12-5-2012 by Ord. No. 2012-20; 4-24-2019 by Ord. No. 2019-13]
[1]
Principal structure: 10 feet, except that the combination of
both side yards must be at least 25 feet.
[2]
Accessory structure: five feet.
[4]
Notwithstanding the foregoing requirements, standby generators must be enclosed by a sound-attenuated weatherproof box or cabinet and shall be no closer than three feet to any lot line, provided that all screening and noise-reduction requirements are met. Standby generators shall conform to the Uniform Construction Code Standards. (See also § 490-101, Screening of equipment or machinery, and § 490-54, regarding noise standards.)
[Amended by Ord. No. 1988-21; Ord. No. 1992-7; Ord. No. 1994-3; Ord. No. 1994-6; Ord. No. 1996-6; Ord. No. 1998-4; Ord. No. 2003-26; Ord. No. 2003-41]
A.
Permitted uses:
[Amended 8-24-2009 by Ord. No. 2009-35; 11-22-2011 by Ord. No.
2011-19; 7-25-2012 by Ord. No. 2012-15; 7-25-2012 by Ord. No.
2012-17]
(1)
Detached single-family dwellings.
(2)
Multifamily dwellings, known as "garden apartments" or "apartment
houses," at a density not to exceed 16 units per gross acre; provided,
however, that those properties adjoining the Navesink River and fronting
on Riverside Avenue may have a density, subject to all other provisions
of this chapter, not to exceed 40 units per gross acre.
(3)
Multifamily dwellings, known as "townhouses," at a density not
to exceed 10 units per gross acre.
(4)
Professional offices.
(5)
Business offices.
(6)
Home professional offices.
(7)
Primary food-service establishments.
(8)
Hotels, motels, and owner-occupied bed-and-breakfasts.
(9)
Essential services.
(10)
Cannabis delivery services.
[Added 8-18-2021 by Ord. No. 2021-17]
B.
C.
Permitted accessory uses:
(2)
Private garage space for the storage of motor vehicles, provided
that said garage shall be arranged to open to the side or rear of
the lot, unless detached and located entirely to the rear of the principal
structure.
(3)
Signs, subject to the provisions of § 490-104 of this chapter, as follows:
(a)
For multifamily dwellings, same as permitted by § 490-141C(3)(a) of this chapter.
(b)
For professional offices, business offices, home professional offices, same as permitted by § 490-147C(3)(a) through (d) of this chapter.
(4)
Swimming pools, subject also to Chapter XIV, Swimming Pools, of the 1987 Revised General Ordinances of the Borough of Red Bank and § 490-99 of this chapter.
(5)
Other customary residential accessory uses and structures, subject to § 490-35 of this chapter, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory structure or use shall be located at the same lot as the principal structure.
D.
E.
Area, yard and structure requirements:
(1)
Minimum lot area:
(a)
Detached single-family: 30,000 square feet.
[Amended 4-23-2007 by Ord. No. 2007-15]
(b)
Home professional offices: 30,000 square feet.
[Amended 4-23-2007 by Ord. No. 2007-15]
(c)
Garden apartments and apartment houses: 45,000 square feet.
(d)
Townhouses: 45,000 square feet.
(e)
Other uses: 30,000 square feet.
[Amended 4-23-2007 by Ord. No. 2007-15]
(4)
(5)
Minimum side yard setback:
(a)
Detached single-family: 10 feet, except for the following:
[Amended 8-24-2009 by Ord. No. 2009-35; 12-5-2012 by Ord. No.
2012-20]
[2]
Standby generators must be enclosed by a sound-attenuated weatherproof box or cabinet and shall be no closer than three feet to any lot line, provided that all screening and noise-reduction requirements are met. Standby generators shall conform to the Uniform Construction Code Standards. (See also § 490-101, Screening of equipment or machinery, and § 490-54, regarding noise standards.)
(b)
Garden apartments and apartment houses: 15 feet, except that
both side yards combined shall be not less than 40 feet.
(c)
Townhouses: 15 feet.
(d)
Home professional offices: 10 feet, except that both side yards
combined shall be not less than 20 feet.
(e)
Other uses: 10 feet, except that both side yards combined shall
not be less than 20 feet.
(6)
Maximum structure height. The elevation of the highest point
on any flat roof deck (parapet elevation to be used if parapets exceed
30 inches in height) or of the mean height level between the eaves
and ridge for gable or hipped roofs or of the deckline for mansard
roofs shall not exceed:
[Amended 7-25-2012 by Ord. No. 2012-17]
(a)
Elevation of 75 feet (USC & GS datum, MSL=0).
(7)
(10)
Maximum floor area ratio (FAR): 1.0.
(11)
Bonus provisions.
(a)
In an effort to encourage creative civil design and to celebrate
the unique natural resources available to properties located in the
WD Zone, additional gross floor area shall be permitted as a bonus
in accordance with this section.
[1]
For seasonal or weather-dependent areas, which
are open to the air, such as patios, patio decks, plazas, walkways,
porticos, balconies and swimming pools, a bonus FAR equal to 0.25
shall be permitted.
[2]
The bonus provisions provided under this subsection are to be available for uses identified in Subsection E(11)(a)[1] above only. The floor area ratio (FAR) for the principal use shall remain that as permitted in the zone.
F.
Special requirements.
(1)
All applications for development in this zone on properties abutting or contiguous with the Navesink River and which require submission of a major site plan will be accompanied by an environmental impact report (EIR) as provided for in § 490-90 of this chapter.
(2)
All applications for developments in this zone on properties
abutting or contiguous with the Navesink River and which require submission
of a major or minor site plan or major subdivision will include maximum
practical provisions for public access to the Navesink River. Unless
waived by the municipal agency, these provisions will include:
(3)
In order to encourage creative site design, provide for adequate light and air and mitigate wind impacts, upper levels of structures that are located on properties abutting or contiguous with the Navesink River and that exceed an elevation of 50 feet (USC & GS datum, MSL=0) shall be set back an additional five feet from the thirty-five-foot setback requirement provided in Subsection E(4)(c) of this section for each five feet of elevation above 50 feet; provided, however, that the upper-level setback shall not exceed 90 feet.
[Amended by Ord. No. 1996-6; Ord. No. 2003-41; Ord. No. 2004-21]
Purpose. The intent of this zone is to contain, effect, regulate
and control the expansion of major medical institutions and their
related facilities to appropriate areas in the Borough consistent
with a fair share commitment by the Borough. It is not intended to
discourage planned and controlled new hospital-related development,
but to the contrary will hopefully encourage the hospital to apply
the use of designated areas in a rational and effective manner for
the benefit of both the hospital and the Borough.
A.
Permitted uses:
(1)
Health care facility.
(2)
Hospital, acute care facility.
(3)
Medical center, health clinic, or other community health facility,
along with related educational and occupational training facilities.
(4)
Professional offices of a medical, dental or clinical nature.
(5)
Nursing, rest and convalescent homes.
(6)
Government offices, including federal, state, county or municipal
buildings and grounds, but excluding schools and facilities such as
maintenance or storage yards.
(7)
Essential services.
B.
Required accessory uses:
(4)
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(4), regarding contribution
to the Red Bank Borough Municipal Parking Utility Capital Improvement
Fund, was repealed 4-12-2017 by Ord. No. 2017-13. Original § 25-10.17b5,
pertaining to buffers and screening, which immediately followed this
subsection, was repealed 12-5-2012 by Ord. No. 2012-23.
C.
E.
Area, yard and structure requirements:
(1)
Minimum lot area: 20,000 square feet.
(2)
Minimum lot frontage: 75 feet.
(3)
Minimum front setback: 25 feet, except 40 feet on East Front
Street.
(4)
Minimum rear yard setback: 15 feet, except 35 feet from the
high-water line as defined by this chapter.
(6)
Maximum structure height:
(a)
In that portion of the zone district north of Union Street and
west of the west right-of-way line of Washington Street, no structure
height shall exceed the tallest existing hospital structure as of
February 1, 1979. In that portion of the zone district north of Union
Street and between the west right-of-way line of Washington Street
and the west face of the existing structure, no height shall exceed
the height of the principal structure of the existing Riverview Hospital
East Wing building.
(b)
In the remainder of the zone district: 45 feet.
(7)
Minimum gross habitable ground floor area: no requirements.
(8)
Maximum lot coverage of principal and accessory structures:
60%.
(9)
Minimum unoccupied open space: 15%.
(10)
Maximum floor area ratio: 4.0.
F.
Special requirements.
(1)
All applications for development in this zone which require submission of a major site plan will be accompanied by an environmental impact report (EIR) as provided for in § 490-90 of this chapter.
(2)
All applications for developments in this zone on properties
abutting or contiguous with the Navesink River and which require submission
of a major site plan or major subdivision will include maximum practical
provisions for public access to the Navesink River. Unless waived
by the municipal agency, these provisions will include:
(3)
All applications for development in this zone will be construed
to encompass all contiguous properties under the control of a common
applicant, developer or owner devoted to a common purpose or supporting
a common activity. All site plans will include all such properties
and all existing and proposed activities in determining compliance
with parking requirements, lot coverage, unoccupied open space and
similar design requirements.
[Amended by Ord. No. 1992-7; Ord. No. 1996-6; Ord. No. 1998-33; Ord. No. 2004-21]
A.
Permitted uses:
(2)
In either the Industrial (I) or Light Industrial (LI) Zone:
(a)
Professional office.
(b)
Business office.
(c)
Scientific or research laboratories.
(d)
Wholesale business.
(e)
Printing, publishing or bookbinding.
(f)
Light manufacturing, fabrication and assembly uses.
(g)
Limousine, taxi or car livery service.
(h)
Government offices, including federal, state, county or municipal
buildings and grounds, but excluding schools.
(i)
Essential services.
(j)
Mini warehouses, warehouses, or storage facilities.
(k)
Motor vehicle repair.
(l)
Motor vehicle service station.
(m)
Cannabis cultivator.
[Added 8-18-2021 by Ord. No. 2021-17]
(n)
Cannabis manufacturer.
[Added 8-18-2021 by Ord. No. 2021-17]
(o)
Cannabis wholesaler.
[Added 8-18-2021 by Ord. No. 2021-17]
(p)
Cannabis distributor.
[Added 8-18-2021 by Ord. No. 2021-17]
(q)
Cannabis delivery service.
[Added 8-18-2021 by Ord. No. 2021-17]
B.
Required accessory uses:
(4)
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(4), regarding contribution
to the Red Bank Borough Municipal Parking Utility Capital Improvement
Fund, was repealed 4-12-2017 by Ord. No. 2017-13. Original § 25-10.18b5,
pertaining to buffers and screening, which immediately followed this
subsection, was repealed at time of codification of the Planning and
Development Regulations.
D.
E.
Area, yard and structure requirements:
(1)
Minimum lot area: no requirements.
(2)
Minimum lot frontage: no requirements.
(6)
Maximum building height: 50 feet and not exceeding three stories.
(7)
Maximum lot coverage of principal and accessory structures:
65%.
(8)
Minimum unoccupied open space: 15%.
(9)
Maximum floor area ratio: no requirements.
[Added by Ord. No. 1998-4; amended by Ord. No.
1998-33; Ord.
No. 2004-21]
A.
Permitted uses:
(1)
Detached single-family dwellings.
(2)
Dwelling uses on floors above street level where each dwelling
has a minimum of 1,000 square feet of habitable floor area and no
more than two bedrooms at a maximum density of 16 units per acre,
except that the permitted maximum density may be increased to allow
up to four residential units per site when the rate of 16 units per
acre results in less than four units.
[Amended 9-28-2009 by Ord. No. 2009-38]
(3)
Multifamily dwellings, known as "garden apartments" or "apartment houses," at a density not to exceed 16 units per gross acre, subject to § 490-96 of this chapter.
[Amended 9-28-2009 by Ord. No. 2009-38]
(4)
Multifamily dwellings, known as "townhouses," at a density not to exceed 14 units per gross acre, subject to § 490-96 of this chapter.
[Amended 9-28-2009 by Ord. No. 2009-38]
(5)
Professional offices.
(6)
Business offices.
(7)
Home professional offices.
(10)
Primary food-service establishments.
(11)
Mortuary and funeral homes.
(12)
Hotels and motels.
(13)
Banks, trust companies and deposit institutions without drive-up
facilities.
[Amended 9-25-2019 by Ord. No. 2019-61]
(14)
Commercial recreation facilities in that portion of the zone
north of Chestnut and east of West Street and which have a first-floor
area in excess of 20,000 square feet.
(15)
Essential services.
(16)
Commercial recreational uses.
[Added 11-7-2018 by Ord.
No. 2018-30]
B.
Required accessory uses:
(1)
Off-street parking, subject to the provisions of § 490-98, except that, in applications for nonresidential changes of occupancy between retail, personal service, business or professional offices, where there is no new gross floor area proposed and the proposed change results in a deficiency of less than five parking spaces, and no other variances or design waivers are required, then no variance shall be required for the parking space deficiency, and the administrative officer may grant administrative approval, provided the applicant pays all applicable contributions to the Municipal Parking Utility Capital Improvement Fund in accordance with the applicable Parking Deficiency Schedule, and provided further that this requirement may be met as set forth in Subsection B(3)(d) below.
[Amended 4-12-2010 by Ord. No. 2010-15]
(3)
Off-street parking and off-street loading requirements may be
met by:
[Amended 4-12-2010 by Ord. No. 2010-15]
(a)
Providing the required spaces on site.
(b)
Providing the required spaces on other properties owned by or under
the control of the developer located within a zone which permits the
proposed uses either contiguous with or within 500 feet walking distance
of a primary pedestrian entrance to the site being developed.
(c)
Providing evidence that a specific agreement exists with the Red
Bank Borough Municipal Parking Utility which provides for the developer
to lease sufficient spaces from the Parking Utility.
C.
Permitted accessory uses:
(2)
Private garage space or commercial parking facilities for the
storage of motor vehicles, provided that the garage, whether attached
or detached, shall be arranged to open to the side or rear of the
lot, unless detached and located entirely to the rear of the principal
structure.
[Amended 9-28-2009 by Ord. No. 2009-38]
(4)
Off-street loading within enclosed storage structures.
(5)
Other customary residential accessory uses and buildings, subject to § 490-35 of this chapter, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory building or use shall be located at the same lot as the principal structure.
D.
E.
Area, yard and structure requirements:
(5)
Minimum side yard requirement:
(a)
Detached single-family and home professional office: 10 feet,
except for the following:
[Amended 9-28-2009 by Ord. No. 2009-38; 12-5-2012 by Ord. No. 2012-20]
[2]
Standby generators must be enclosed by a sound-attenuated weatherproof box or cabinet and shall be no closer than three feet to any lot line, provided that all screening and noise-reduction requirements are met. Standby generators shall conform to the Uniform Construction Code Standards. (See also § 490-101, Screening of equipment or machinery, and § 490-54, regarding noise standards.)
(b)
Garden apartments and apartment houses: 15 feet, except that
both side yards combined shall be not less than 40 feet.
(c)
Townhouses: 15 feet.
(d)
Other uses: 10 feet.
(e)
Exception: minimum side yard for accessory buildings: four feet.
(7)
Minimum gross habitable floor area:
[Amended 9-28-2009 by Ord. No. 2009-38]
(a)
Efficiency units: 750 square feet.
(b)
One-bedroom unit: 900 square feet per unit.
(c)
Two-bedroom unit: 1,100 square feet per unit.
(d)
Three-bedroom unit: 1,250 square feet per unit.
(e)
Garden apartments and apartment houses: 1,000 square feet per
unit with at least 500 square feet per unit of ground floor area.
(f)
Townhouses: 1,000 square feet per unit with at least 700 square
feet per unit of ground floor area.
(g)
Other uses: no requirements.
[Added 11-13-2006 by Ord. No. 2006-53]
A.
Purpose. The purpose of the Affordable Housing Overlay District is
to provide an opportunity to develop affordable housing to meet present
and prospective housing needs, with particular attention to low- and
moderate-income housing, in conformance with the requirements of the
New Jersey Council on Affordable Housing ("COAH").
B.
Applicability. The Affordable Housing Overlay District shall be applied
to Block 75.01, Lots 81, 83 through 85; Block 75.03, Lots 50.01, 65
and 69 and the portion of Lot 75.01, Lot 82.01 that lies north of
a line drawn between the northwest corner of Block 75.01, Lot 86 to
the southeast corner of Block 75.01, Lot 81. This district shall further
require a minimum tract size of 1.95 acres for development. The Official
Zoning Map[1] of the Borough of Red Bank is hereby amended in accordance
with the foregoing and is incorporated by reference.
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
C.
Principal permitted uses: townhouse or multifamily dwellings. Such
units may be owner-occupied, or age-restricted or rental units. At
least 25% of all dwelling units shall be rental units, and at least
25% of all dwelling units shall be owner-occupied. All uses in this
zone shall be in accordance with, and subject to, COAH regulations
and/or approvals.
E.
Bulk, area and building requirements. The following requirements
shall apply:
(1)
Maximum lot coverage (buildings): 65%.
(2)
Maximum building height: 50 feet (3 stories).
(3)
Minimum unoccupied open space: 10%.
(5)
Setback from public streets: 20 feet.
(6)
Setback from other property lines: 7.5 feet.
(7)
Minimum distance between principal buildings: 15 feet.
(8)
Maximum building length: 175 feet.
(9)
Minimum distance between principal buildings and internal drives:
five feet.
(10)
Minimum distance between principal buildings and parking areas:
10 feet.
F.
Bedrooms per unit. The number of bedrooms per unit shall be in accordance
with COAH regulations or resolutions of approval.
G.
Density requirements. The maximum permitted density shall be 16 units
per acre.
H.
Parking standards. Multifamily dwellings shall provide two parking
stalls per dwelling unit. Under the Residential Site Improvement Standards,
N.J.A.C. 5:21-4.14(c), alternative parking standards shall be accepted
if the applicant demonstrates that other standards better reflect
local conditions.
I.
Income restrictions. Consistent with N.J.A.C. 5:80-26.3(a), at least
half of the units (50%) shall be available to low-income households;
the balance may be affordable to either low- or moderate-income households.
J.
Marketing. All dwelling units shall be affirmatively marketed in
accordance with the Council on Affordable Housing regulations. All
rental units shall be rented in accordance with the Council on Affordable
Housing regulations.
K.
Accessibility. In accordance with N.J.A.C. 5:94-4.21, as of October
1, 2006, the Fair Housing Act requires that the first floor of all
multifloor dwellings must be adaptable for use by physically disabled
persons in order to be eligible for COAH credit.
[1]
Editor’s Note: Former § 490-153, AH-1 Affordable
Housing Overlay District One, was repealed 4-24-2019 by Ord. No. 2019-19.
[Added 9-28-2009 by Ord. No. 2009-39; amended 9-25-2019 by Ord. No. 2019-62]
A.
Purpose. The purpose of the Train Station District is to encourage
a mix of retail/commercial uses at street level with increased residential
density on floors above street level to create a mixed residential
and commercial neighborhood that relies predominantly on public transportation
as the primary means of travel. In general, applications under the
overlay standards are intended:
(1)
To provide for land uses and facilities beneficial to both the
community and to transit users;
(2)
To concentrate a mix of retail, office, residential, public
and open space uses within walking distance of each other and the
rail station, in order to increase convenience for residents, shoppers,
commuters and employees and to reduce auto traffic by providing an
environment conducive to pedestrians, bicyclists, and transit users;
(3)
To revitalize the train station area and enhance economic vitality
and encourage economic development through zoning incentives;
(4)
To provide for the safe and efficient flow of pedestrian and
vehicular traffic, emphasizing a pedestrian-oriented environment;
(5)
To preserve established residential neighborhoods in and adjacent
to the train station area;
(6)
To provide for visual amenities and to reinforce a sense of
center; and
(7)
To promote the development of affordable housing in Red Bank.
B.
Applicability. The Train Station District shall be applied to Blocks
35, 36, 37, 37.01, 37.02, 38, 41 and 63 in their entirety; and Block
40, Lots 8, 9, 10, 11, 12, 13, 13.01, 14, 15, 16 and 17; Block 42,
Lots 1, 2, 2.01, 3, 4, 19, 20 and 21; and Block 64, Lots 5, 6, 7,
8, 9, 10, 11 and 11.01. The Official Zoning Map of the Borough of
Red Bank is hereby amended in accordance with the foregoing and is
incorporated by reference. Applications which meet the standards set
forth in this section and provide the mix of uses required will be
considered under this section.
C.
Principal permitted uses: a mix of any uses permitted in the BR-1
and BR-2 Zones, with all nonresidential uses permitted on the ground
level only, and further provided that all parking requirements are
met.
D.
Required accessory uses. The following shall be required:
(1)
Off-street parking, subject to the provisions of Subsection H of this section below. However, the Board, in its discretion, may consider shared parking when it can be demonstrated that:
(a)
A contract with a minimum ten-year period is in place with the
subject property; and
(b)
The contract reflects that, in consideration of maintaining
contractually obligated parking, future changes to the property on
which parking is provided will be subject to review by the Board;
and
(c)
That the contract is recorded with the county prior to issuance
of a development permit.
F.
Area, yard and structure requirements:
(1)
Minimum lot area: no requirements.
(2)
Minimum lot frontage: no requirements.
(3)
Maximum structure height: 50 feet.
(4)
Minimum unoccupied open space: 15%. A percentage of the site
which is arranged, finished and intended to be used and is usable
by the general public, including plazas, widened sidewalks, seating
areas, mini parks and similar facilities, shall be included as unoccupied
open space. Parking lots shall not be included in this percentage.
(6)
Maximum lot coverage of principal and accessory structures:
75%.
(7)
Setback from public right-of-way: five feet, so long as a minimum
ten-foot-wide unobstructed sidewalk is provided.
(8)
Setback from other property lines: 7.5 feet.
G.
Density requirements. The maximum permitted density shall be 35 units
per acre, except that the permitted maximum density may be increased
to allow up to four residential units per site when the rate of 35
units per acre results in less than four units.
H.
Parking standards. The number of required parking spaces shall be
in accordance with the following:
|
Permitted Uses in Transit Zone
|
Red Bank Ordinance Parking Requirement1
|
Parking Requirements for Transit Area
| ||
|---|---|---|---|---|
|
Supermarkets, grocery store
|
4.5 per 1,000 square feet
|
2.5 per 1,000 square feet
| ||
|
Efficiency unit (residential)
|
1 per unit
|
0.7 per unit
| ||
|
1-bedroom apartment
|
2 per unit
|
1.25 per unit
| ||
|
2-bedroom apartment
|
2 per unit
|
1.4 per unit
| ||
|
3-bedroom or more apartment
|
2.5 per unit
|
1.5 per unit
| ||
|
Professional, medical, business offices
|
5 per 1,000 square feet
|
3.5 per 1,000 square feet
| ||
|
Retail/commercial
|
4 per 1,000 square feet
|
3 per 1,000 square feet
| ||
|
Personal service
|
5 per 1,000 square feet
|
4.25 per 1,000 square feet
| ||
|
Banks, trust companies and deposit institutions
|
3.5 per 1,000 square feet
|
2.5 per 1,000 square feet
| ||
|
Primary food establishment (with seating):
| ||||
|
Less than 1,000 square feet GFA
|
6 per 1,000 square feet
|
4 per 1,000 square feet
| ||
|
1,000 square feet to 5,000 square feet GFA
|
10 per 1,000 square feet
|
9 per 1,000 square feet
| ||
|
Greater than 5,000 square feet GFA
|
14 per 1,000 square feet
|
11 per 1,000 square feet
| ||
|
Retail food establishment (no seating)
|
4 per 1,000 square feet
|
3.5 per 1,000 square feet
| ||
|
Primary liquor-service establishments
|
15 per 1,000 square feet
|
12 per 1,000 square feet
| ||
|
NOTE:
| ||
|---|---|---|
|
1
|
The parking requirements for the uses listed herein pertaining
to any other zone district are included only for the reader's convenience
to facilitate comparison between the Train Station parking standards
and the existing parking standards in effect at the time of the initial
enactment of this chapter creating the Train Station Zone. In the
event of any inconsistency between the parking standards identified
in this section with respect to any other zone and a standard listed
elsewhere in this Code, the standard set forth in the regulations
specifically pertaining to such other zone shall control.
| |
I.
Affordable housing set-aside. All developments shall be subject to
the Borough's Affordable Housing Set-Aside and Trust Fund Ordinances
and/or the regulations of the Council on Affordable Housing (COAH)
obligation applicable to the development site, as those ordinances
and/or regulations may provide from time to time.
