Mixed use commercial residential development may be permitted as a conditional use in the B-2 Zone provided that the use, buildings and structures shall adhere to the following:
a. Bulk Requirements.
1. Minimum lot area: Five (5) developable acres.
2. Minimum lot frontage: One hundred fifty (150') feet.
3. Minimum front yard setback: No minimum except as follows:
(a) Building containing only residential uses shall be set back twenty (20') feet.
(b) All buildings shall provide for a sidewalk area adjacent to a public street in accordance with subsection 22-8.4a,11.
(c) Off-street parking areas shall be set back in accordance with subsection 22-9.3. Parking decks shall be limited to two (2) levels above grade, inclusive of the ground surface level.
(a) Abutting residential zone district or existing residential use - not less than twenty-five (25') feet.
(a) Abutting residential zone district or existing residential use - not less than ten (10') feet.
6. Maximum structure height: Three and one-half (3 1/2) stories and forty (40') feet.
b. Floor Area, Floor Area Ratios, Lot Coverage, and Density Requirements. For the purpose of calculating the permissible number of dwelling units, the permissible floor area within a mixed use development, and permissible lot coverage only developable acreage shall be used. A developable acre shall be land area which is free of wetlands, beaches, dunes, and easements or other encumbrances.
1. Maximum lot coverage by principal and accessory buildings and structures: Eighty (80%) percent of the developable acreage.
2. Minimum landscaped area: Thirty (30%) percent of the developable acreage.
3. Maximum residential density:
(a) Twelve (12) units per developable acre un-less a density bonus is earned.
(b) Up to sixteen (16) units per developable acre with a permitted density bonus (see sub-section 22-6.10d).
4. Maximum F.A.R. - 0.9 (developable acres only).
5. Maximum residential F.A.R. - .6 (developable acres only).
6. Minimum nonresidential F.A.R. - .2.
7. Minimum gross floor area - Seventy-five thousand (75,000) square feet.
Nonresidential uses: Each mixed use development shall provide for nonresidential uses whose floor area is equal to or greater than the minimum nonresidential floor area ratios specified but no greater than the maximum overall F.A.R. The nonresidential component of a mixed use development may include the following functions:
Professional office
Business office
Retail
Personal service
Restaurant - Entertainment
Motion picture theaters
Restaurant
Hotel
Motel
c. Design Criteria. A mixed use development shall be subject to the applicable provisions of this section and the following general design criteria:
1. The development shall have an outward orientation which is physically and visually integrated with adjoining areas and/or fosters community improvement and revitalization.
2. The mix of uses, and the arrangement and design of buildings and other improvements shall reflect a cohesive development capable of sustaining an independent environment of continuing quality and stability.
3. If the development is staged, each building phase shall be designed as a self-sufficient entity, while allowing for effective integration of subsequent phases.
4. The pedestrian system shall be convenient and comprehensive designed to encourage pedestrian activity within the development, and non-residential uses shall be built at the same time as or before the residential uses. The Borough may limit residential construction or occupancy to as-sure completion of the nonresidential component.
5. In the areas of the development which are to be used for pedestrian activities or as gathering places for people, adequate attention shall be paid to human scale, high quality urban design, and other amenities, such as the type and textures of materials, landscaping, street furniture, and lighting (natural and artificial).
6. Landscaped plazas, widened sidewalks using decorative surfaces and planting arrangements, waterfront observation areas, and related amenities which are designed for public enjoyment may be excluded from the coverage limits, if the Municipal Agency deems it appropriate and such amenities exhibit a high quality of urban design.
7. Each mixed use development shall consider its relationship to the Bayshore Waterfront Access Plan and of the Monmouth County Planning Board and to the Bayfront Component of the Land Use Plan Element. Each mixed use development shall be designed to maintain and enhance public access to and views of the bayfront and the Board may require such circulation improvements and/or dedication of accessways as it deems appropriate.
8. Residential design shall be subject to the requirements of subsection 22-8.4 as modified by the conditional use criteria for mixed use development.
d. Residential Density Bonus Provisions. Greater residential density will be permitted up to a maximum density of sixteen (16) units per developable acre where uses, improvements, and facilities provided by the developer benefit the Borough and its residents as well as users of the development. It is the responsibility of the applicant to submit documentation sufficient to allow the Municipal Agency to determine that the development qualifies for a density bonus. At a minimum, the applicant must submit a written, appropriately illustrated and documented, Design Criteria Compliance Report, prepared by a registered New Jersey architect or other person acceptable to the Municipal Agency, describing the project's compliance with the provisions of this section. Additional residential density will be permitted for the following:
1. Beach or Waterfront Access Improvements. Substantial improvements to pedestrian access to the beach or waterfront at locations compatible with the Master Plan may earn an increase in residential density. Such improvements may include, but need not be limited to, elevated wooden walk-ways across dunes, lighting, signage, plantings, seating, and amenities that formalize access points from the street. Enhanced visual access of the waterfront and bay through the provision of gazebos or structures for the passive enjoyment of waterfront views may also earn a density bonus. The applicant shall show full compliance with any applicable Federal, State, or local requirements for public access to the waterfront.
2. Enhancement of the Beachfront. Extensive landscaping of the back dune area and provision of a pedestrian path system may earn a density bonus. Plant material must provide seasonal interest, be adaptive to a shore location, enhance wildlife habitat, and help stabilize the dune system. Suit-able plantings may include the following:
3. Recreation Improvements. The provision of public beachfront recreation areas may earn a density bonus. Recreation areas shall be compatible with the Master Plan and contain landscaped areas and pavilions and may include picnic locations, exercise stations, tot lots, rest facilities, seating and fountains.
4. Historic Preservation and Design - Preservation of a landmark structure identified in the Master Plan for which the applicant restores, reconstructs, or rehabilitates the landmark character of the structure and which maintains an architectural design which is compatible with the historic architectural styles which predominated during the Borough's development as a shore resort may earn a density bonus.
5. Commercial Development. An increase in the nonresidential floor area component of the development may earn an increase in residential density. To qualify the nonresidential F.A.R. provided must be .25 or greater and include tourist compatible uses such as restaurant, entertainment, hotel or motel.
6. An increase in residential density up to the maximum permitted shall be approved by the Municipal Agency as follows:
(a) Criteria.
(1) Beach or waterfront access improvements.
(2) Enhancement of beachfront.
(3) Public recreation improvements.
(4) Historic preservation.
(5) Commercial development.
(b) Density bonus.
(1) If the application complies with one criteria, an additional 0.5 units/developable acre shall be permitted.
(2) If the application complies with two (2) criteria, an additional 1.0 units/developable acre shall be permitted.
(3) If the application complies with three (3) criteria, an additional 1.75 units/ developable acre shall be permitted.
(4) If the application complies with four (4) criteria, an additional 2.5 units/developable acre shall be permitted.
(5) If the application complies with five (5) criteria, an additional four (4) units/ developable acre shall be permitted. (Ord. #1045, §6.10)
