A. Permitted uses: same as for Industrial Zone M-1.

B. Permitted accessory uses: same as for Industrial Zone M-1.

C. Area yard and building requirements: as specified in Schedule C at the end of this chapter.

D. Conditional uses: same as for Industrial Zone M-1.

[Amended 8-24-2004 by Ord. No. O-04-35]

A. Purpose. The ROL Zone is intended to provide an environment for and conducive to the development and protection of modern, large-scale, low-intensity corporate administrative and executive offices, research, laboratory, educational and/or telecommunication facilities which will be compatible with and retain amenities of the site and adjacent lands.

B. Permitted uses. Permitted uses shall be limited to those uses included in the North American Standard Industrial Classification System (NAICS) as indicated:

(1) Computer systems design and related services (NAICS 54151).

(2) Management, scientific and technical consulting services (NAICS 5416).

(3) Telecommunications offices and facilities (NAICS 517110) but not including telecommunication or cellular towers.

C. Permitted accessory uses:

(1) Signs.

(2) Parking.

(3) Fences.

D. Area, yard and building requirements: as specified in Schedule C at the end of this chapter.

A. Regulations. Recreational Zone regulations are applicable in accordance with the provisions of this section in those areas specified on the Zoning Map.

B. Permitted uses. Permitted uses in the Recreational Zone shall include buildings, open air areas and other facilities for recreational purposes, including parks, clubhouses, playgrounds, swimming pools, tennis, basketball and handball courts and other such facilities, but not to include carnival-type activities, and child care centers in accordance with N.J.S.A. 40:55D-66.6. At the time of site plan application and review, the applicant shall be required to demonstrate to the Planning Board that the site is to be utilized solely for recreation and recreation-type uses and that the operator shall comply with all Township and state regulations for day camp and other private or nonprofit recreation facilities. Recreation uses shall not include any overnight facilities. [Amended 12-17-2013 by Ord. No. O-13-39]

C. Area, space and bulk regulations: as specified in Schedule C at the end of this chapter. [Amended 12-17-2013 by Ord. No. O-13-39]

The RMZ-1, RMZ-2, RMZ-2A and RMZ-3 Regional Mall Zones are intended to provide for the planned development of properties primarily devoted to a regional shopping mall as permitted within the RMZ-1 Zone and development of adjacent parcels of property contiguous to the mall within the RMZ-2, RMZ-2A and RMZ-3 Zones for uses that complement and enhance the overall development of the regional mall and to provide for the orderly development of the regional mall area through coordinated roadway, drainage and utility infrastructure improvements and architectural and site design. Development within the RMZ Zones shall be in accordance with a general development plan approved by the Freehold Township Planning Board.

A. Permitted uses within the RMZ-1 Zone:

(1) Regional mall shopping center.

(2) Retail stores and shops, including kiosks of a permanent or temporary nature.

(3) Personal service establishments including barbershops, beauty parlors, shoe repair shops, tailor shops and similar types of uses.

(4) Theaters, assembly halls, bowling alleys, and similar public recreational activities.

(5) Restaurants and cafes; provided, however, that fast-food-type restaurants shall be located within a permitted mall shopping center structure.

(6) Office buildings for professional, executive or administrative purposes.

(7) Hotels and convention centers.

(8) Passenger bus stations.

(9) Municipal and other governmental facilities.

(10) Extension and commercial schools.

(11) Public utility installations and structures.

(12) Banks, financial institutions, insurance, real estate businesses, professional and administrative offices.

(13) Fitness and recreational sports centers (NAICS 713940). [Added 6-26-2012 by Ord. No. O-12-15]

B. Permitted accessory uses within the RMZ-1 Zone.

(1) Storage buildings on a temporary or permanent basis, provided that it can be demonstrated to the satisfaction of the reviewing board that such accessory buildings are necessary to the successful operation of the principal use on the premises, and that a definite economic hardship or a health or safety hazard would be created if such accessory building were not permitted; and further provided that no accessory building be used for retail, wholesale or bulk storage purposes of any nature.

(2) Signs in accordance with Article XVII of this chapter, § 190-173 et seq.

(3) Fences.

(4) Garbage storage and recycling enclosures.

(5) Parking garages.

C. Uses permitted subject to issuance of conditional use permit within the RMZ-1 Zone. Day-care centers, provided that they are contained within the mall shopping center structure, or a commercial or office building. One freestanding day-care center of not less than 5,000 square feet nor greater than 10,000 square feet may be permitted in the RMZ-1 Zone adjacent to Winners Circle (outer loop road). [Amended 3-9-2004 by Ord. No. O-04-9]

D. RMZ-2, RMZ-2A and RMZ-3.

(1) Permitted uses on property designated as RMZ-2:

(a) Retail stores, retail stack storage and restaurants, provided that each individual use, tenant, or unit within a building contains a minimum of 10,000 square feet of gross floor area and provided that the average gross floor area for each use, tenant, or unit on the overall development parcel is at least 40,000 square feet. On parcels where the aggregate gross floor area for each use, tenant, or unit on the overall development parcel is less than 75,000 square feet each individual use, tenant, or unit within a building shall contain a minimum gross floor area of 10,000 square feet and the average gross floor area for each use, tenant, or unit shall be at least 20,000 square feet. A retail stack storage use shall not exceed 65,000 square feet, provided that if more than one retail stack storage use exceeding 40,000 square feet of floor area is located within the RMZ-2 overall development parcel, then they shall be separated by a distance of at least 200 feet from each other.

(b) Theaters and assembly halls.

(c) Office buildings for professional, executive or administrative purposes which contain a minimum gross leasable floor area of not less than 20,000 square feet. [Amended 3-9-2004 by Ord. No. O-04-9]

(d) Hotel and conference/convention centers.

(e) Passenger bus stations.

(f) Horse racetracks, horse racecourses, stables and accessory structures and premises wherein pari-mutuel wagering is permitted by the state.

(g) Municipal and other governmental facilities, including senior citizen, cultural, civic and other similar use public facilities.

(h) Colleges, technical and business schools.

(i) Public utility installations and structures.

(j) Banks, financial institutions, insurance and real estate businesses.

(k) Fitness and recreational sports centers (NAICS 713940). [Added 6-26-2012 by Ord. No. O-12-15]

(2) Permitted uses on property designated as RMZ-2A:

(a) Hotel and convention centers subject to special design standards for motels and hotels contained in § 190-204B(2),(3), (4), (5) and (6) of this chapter.

(b) Restaurants are permitted subject to the following: a minimum gross floor area of 5,000 square feet and a minimum of 225 seats for a freestanding restaurant on an individual lot and an average of 200 seats and an average of 4,500 square feet minimum gross floor area for two or more restaurants on one lot. All restaurants shall have a minimum parking ratio of one space for every four seats. No drive-through service shall be permitted in any restaurant in the RMZ-2A Zone. [Added 3-9-2004 by Ord. No. O-04-9]

(c) In the RMZ-2A Zone on parcels of less than five acres in accordance with the general development plan approved by the Planning Board June 9, 2003, in conjunction with P.B. Application 697-02, the following uses are permitted: [Added 3-9-2004 by Ord. No. O-04-9]

[1] Banks and other financial institutions subject to the following: a maximum building coverage of 15%, a maximum floor area ratio of 0.25 and a minimum gross leasable floor area of 5,000 square feet.

[2] Professional and administrative offices subject to the following: a maximum building coverage of 15%, a maximum floor area ratio of 0.25 and a minimum gross leasable floor area of 10,000 square feet.

(d) Office buildings for professional, executive or administrative purposes which contain a minimum gross leasable floor area of not less than 20,000 square feet. [Added 2-26-2008 by Ord. No. O-08-2]

(e) Fitness and recreational sports centers (NAICS 713940). [Added 6-26-2012 by Ord. No. O-12-15]

(3) Permitted uses on properties located in the RMZ-3 Zone:

(a) Retail stores and shops, provided that the minimum gross floor area for each use, tenant or unit shall be at least 8,000 square feet; however, any building standing alone and comprising less than 8,000 square feet may be used for any permitted retail use within the zone.

(b) Restaurants, provided that fast-food and drive-through restaurants shall not be permitted.

(c) Office buildings for professional, executive or administrative purposes.

(d) Horse racetracks, horse racecourses, and accessory structures and premises wherein pari-mutuel wagering is permitted by the state.

(e) Municipal and other governmental facilities.

(f) Public utility installations and structures.

(g) Banks, financial institutions, insurance and real estate businesses.

(h) Fitness and recreational sports centers (NAICS 713940). [Added 6-26-2012 by Ord. No. O-12-15]

E. Permitted accessory uses in the RMZ-2 and RMZ-2A Zones: same as for RMZ-1 (§ 190-158B).

F. Uses permitted subject to issuance of a conditional use permit.

(1) Same as permitted in the RMZ-1 Zone.

(2) In the RMZ-2A Zone only, restaurants are permitted subject to the following: a minimum lot area of four acres, a minimum gross floor area of 5,000 square feet, a minimum of 225 seats, no drive-through service, a minimum parking ratio of one space for every four seats and approval of a planned development concept plan for the entire RMZ-2A Zone delineating existing critical environmental features including steep slopes, freshwater wetlands and transition areas, streams, floodplains, heritage trees, and adjacent structures and roadways within 200 feet and the location of planned land uses, access drives, site circulation for vehicles and pedestrians, parking areas, water and sanitary sewers, stormwater management and development phasing plans.

G. Area, yard and building requirements: as provided for in Schedule C at the end of this chapter, subject, however to the following:

(1) Within the mall outer loop road, in the RMZ-1 Zone, for regional mall developments where the approved mall structure contains 400,000 square feet or more of gross leasable floor area, and preliminary and final site plan approval for the mall structure development area has been obtained, the approved site plan parcel of property may be subdivided into lots within the approved development area having minimum dimensions as follows and subject to the conditions contained in Subsection G(2) herein.

(a) Minimum lot area: 40,000 square feet.

(b) Minimum lot dimensions; lot frontage, width and depth: 100 feet.

(c) Impervious surface coverage (including maximum building coverage): Principal and accessory buildings, roadways and parking areas combined shall not exceed the coverage shown on the approved final site plan. Landscape areas for buildings, parking islands and other areas within the subdivided area shall not be less following subdivision than the approved final site plan.

(d) Minimum yard depths: zero feet for principal and accessory buildings.

(e) Minimum size of principal building in square feet: 80,000 square feet total.

(f) Floor area ratio: FAR shall not apply to individual subdivided parcels; provided, however, that each freestanding structure or structures shall comply with the required maximum impervious surface coverage requirements.

(g) Public or private utility structures supporting the common uses on the property shall have minimum setback and yard depths to lot lines of zero feet.

(2) On properties in the RMZ-2 Zone, for non-mall facilities and combinations of connected and unconnected structures on contiguous parcels containing a minimum of 25,000 square feet of gross floor area per structure, where the initial approved site was not less than eight acres, and for which preliminary and final site plan approval for the overall development of the parcel has been obtained; the approved site plan parcel of property may be subdivided into lots within the approved development area having minimum dimensions as follows and subject to the conditions contained in Subsection G(4) herein.

(a) Minimum lot area: 100,000 square feet.

(b) Minimum lot dimensions, lot frontage, width and depth: 150 feet.

(c) Impervious surface coverage (including maximum building coverage): same as § 190-158G(1)(c).

(d) Minimum yard depths: zero feet for principal and accessory buildings where buildings are connected by common or back-to-back walls, enclosed or covered walkways.

(e) Minimum size of principal building in square feet: 25,000 square feet gross floor area.

(f) Floor area ratio: FAR shall not apply to individual subdivided parcels.

(g) Public and private utility structures supporting the common uses on the property shall have minimum setback and yard depths to lot lines of zero feet.

(3) The following conditions must be met before the municipal agency can approve the above area, yard and bulk requirements:

(a) All applicable requirements of the preliminary and final site plan approval other than as provided for above shall apply to the subdivided lots as if the site plan approved parcel had not been subdivided; and

(b) Any areas designed in the approved site plan to be used in common with other approved site plan uses, or for the benefit of the public, shall be required of the subdivided lots.

(c) All improvements required by Article IX, § 190-70 et seq., as approved on final site plan approval for the subdivided parcel shall continue to apply; and so long as the recording of common usage easements or agreements are made a condition of subdivision approval, the subdivided lots shall be deemed to comply with Article IX of this chapter.

(d) All off-street parking, loading and unloading requirements that apply to the unsubdivided parcel approved final site plan pursuant to Article XIV of this chapter shall be deemed to be in conformity as to the subdivided lots, so long as the recording of common usage easements or agreements are made a condition of approval.

(4) The subdivisions provided for in Subsection G(1) and (2) above may be granted as minor subdivisions without further public hearings.

(5) In the RMZ 2 and RMZ 2A Zones, development of improvements shall be architecturally compatible as to facade and roof treatments, materials and exterior colors used, and landscaping so as to create aesthetic compatibility with the primary improvements in the RMZ 1 Zone and other surrounding structures and natural features.

H. Permanent kiosks. An owner of a regional mall shopping center in an RMZ 1 Zone shall not install permanent kiosks in the common areas of the mall unless the owner first applies for and receives approval from the Planning Board. By reason of the kiosks' location within the enclosed structure of the previously approved mall, the review of the plan by the Planning Board shall be limited to substantiating the plan's compliance with applicable health and safety codes, and preserving safe pedestrian passage through the open common spaces of the mall. No public hearing shall be required for the Planning Board to grant approval.

I. Temporary vendor, temporary display and public assembly event regulations. In all regional mall shopping centers in an RMZ 1 Zone, the following regulations shall apply to temporary vendor space:

(1) A temporary vendor or display space shall be defined as a temporary use of freestanding or partially freestanding kiosk, stand, cart, display area or any other segregated area located in the common area of a regional mall shopping center used for the sale or promotion for sale of services or goods, for display or dissemination of information, or educational materials, or for the entertainment of the general public. The term for temporary vendor or display space shall be for not more than six consecutive months. A zoning permit shall be required for the temporary use of the vendor display area and shall have a maximum duration of six months. One or more consecutive zoning permits may be issued for the same vendor in a particular vendor space. Each change of vendor shall require a new zoning permit. In reviewing the application for the zoning permit, the Zoning Official shall determine if the proposed use is permitted as well as what, if any, other inspections are required.

(2) The owner of a regional mall seeking to utilize temporary vendor, display or public assembly space in its regional mall shopping center shall submit to the Planning Board of the Township of Freehold, master floor plans for various types of events that in the future may be held in the mall area of the shopping center. The types of events for which the mall area may be utilized for temporary vendor or display space shall include, but not be limited to, seasonal shopping events, civic and cultural shows or fairs, trade, antique and craft shows and similar shows and events for the education or entertainment of the general public.

(3) The Planning Board shall regulate, through review and approval of the master floor plans, the maximum amount of temporary vendor, display and public assembly space located in common areas of a regional mall shopping center. The Planning Board's approval, disapproval or modification of the master floor plans shall be based upon applicable safety codes with the purpose of preserving safe pedestrian passage through the open common spaces of the mall in order to provide minimal pedestrian traffic congestion and ample rest and waiting areas for the health, safety and welfare of the general public.

(4) The master floor plans shall indicate the maximum usable area for temporary vendor and display spaces located in all common areas of the regional mall shopping center that may be utilized. The plans shall also indicate minimum aisle widths proposed around the temporary vendor, display and public assembly areas.

(5) Prior to the approval of a master floor plan as defined under this chapter, the Planning Board shall circulate the proposed plan for review and comment to the Zoning Officer, Fire Official, Code Administrator and Police Chief.

(6) Upon the approval of a master floor plan, the mall owner may, without further action by the Planning Board, stage and hold temporary vendor, display and public assembly events; provided, the events to be held adhere to the approved standards set forth in the applicable master floor plan.

(7) The mall owner shall be required to maintain in the business office of the regional mall shopping center a detailed plan or map for every temporary vendor, display or public assembly event to be held in the mall. The detailed floor plan or map shall at all times be open to inspection by the appropriate officials of Freehold Township; and shall set forth the specific location of every temporary vendor or display space, including the name, address and type of goods or services to be sold by each such vendor, in order to substantiate compliance with the applicable health and safety codes of the Township.

(8) The mall owner shall provide the code administrator semiannually with a schedule of events planned to be held in the regional mall shopping center. This schedule shall indicate the master floor plan under which each event will be staged.

(9) The Code Administrator and any other Township official may, at any time the mall is open for business and without notice, inspect the premises in order to insure that any events held are in compliance with this subsection.

(10) Amendments, revisions and special events.

(a) The mall owner may, from time to time, alter the layout of an approved master floor plan by forwarding to the code administrator a plan, based on the appropriate master floor plan, showing such modifications. The Code Administrator may approve minor revisions to a master floor plan without further action by the Planning Board; as long as the aggregate total of square footage devoted to such temporary vendor, display or public assembly space is not increased by more than 5%, and the location of the proposed revised space remains in the approximate location indicated on the previously approved master floor plan. If the Code Administrator should disapprove the revisions, the proposal shall be considered a change to the master floor plan which with the consent of the mall owner, shall be forwarded to the Planning Board for consideration in the same manner as a new master floor plan.

(b) The mall owner may obtain approval to alter the layout of master floor plan approved space in order to stage and hold special onetime temporary vendor events, displays or public assembly by forwarding to a subcommittee of the Planning Board a floor plan showing such modifications. The subcommittee shall consist of the Zoning Officer, Fire Official, Construction Official and Police Chief of the Township. Special one-time temporary vendor events shall be limited to those situations where a submission is made for which a master floor plan cannot be utilized, or where an exception to a master floor plan is required for a specific type of event not covered by Subsection I(10)(a) above.

(11) Notwithstanding the requirements of Subsection I(10) above, the mall owner may at any time utilize a lesser amount of area for any particular vendor, display or public assembly than that shown on the master floor plan without submitting such change to the Construction Official.

(12) Fees.

(a) Submission of each master floor plan for temporary vendor, display or public assembly space to the Planning Board: $200.

(b) Submission of an amendment or revision to a master floor plan to the code administrator: $100.

(c) Submission of an exception for special one-time events to the Planning Board subcommittee: $150.

(d) Each event submitted to the Code Administrator under this subsection per approval shall pay the following fees:

[1] Thirty-five dollars for each zoning permit.

[2] The fee for a final permit for the type of event delineated in N.J.A.C. 5:18-2.8(i).

(e) The Township Committee may waive all or less than all of the above fees for any not-for-profit sponsored event, show or activity covered by this subsection.