a. Minimum Requirements.
1. Only buildings existing at the adoption of this section shall be permitted to Mixed Use Residential conditional use.
2. Buildings with a first floor area up to ten thousand (10,000) square feet, must utilize the entire floor for a nonresidential permitted use in the zone.
3. Additions to existing buildings shall not exceed fifteen (15%) percent of the building's gross floor area and shall not be greater than ten thousand (10,000) square feet gross floor area.
4. Buildings with first floor gross floor area of more than ten thousand (10,000) square feet must utilize a minimum of sixty (60%) percent of the first floor G.F.A. for nonresidential permitted uses.
b. Bulk Requirements.
1. Minimum Lot Size: ten thousand (10,000) square feet.
2. Minimum Lot Frontage: fifty (50') feet.
3. Maximum Height: four (4) stories or forty-five (45') feet.
4. Residential Density: thirty (30) dwelling units per gross acre.
c. Minimum Dwelling Unit Requirements. Each dwelling unit shall contain complete kitchen facilities, toilet, bathing and sleeping facilities as well as living space, and shall have a minimum gross floor area in accordance with the following schedule; provided that eighty (80%) percent of the units shall have no more than two (2) bedrooms:
1. One-bedroom dwelling units and/or efficiency units shall have a minimum of six hundred (600) square feet of floor space.
2. Two (2) bedroom dwelling units shall have a minimum of seven hundred fifty (750) square feet of floor area.
3. Three (3) bedroom dwelling units shall have a minimum of nine hundred (900) square feet of floor area.
4. Four (4) bedroom dwelling units shall have a minimum of one thousand fifty (1,050) square feet of floor area.
d. Storage Space. In addition to any storage area contained inside individual dwelling units, there 'shall be provided for each dwelling units fifty (50) square feet of storage area in a convenient, centrally-located area in the basement, ground floor of the dwelling structure or elsewhere where bicycles, perambulators, and similar types of equipment may be stored and kept locked without constituting a fire hazard.
e. Parking Requirements. Off-street residential parking facilities shall be provided as follows:
2. For units limited to fifty-two (52) years or older the parking requirement will be 1.0 parking space per unit. In cases where public transportation is in proximity to the housing units and not greater than five hundred (500') feet from the front yard of the building, a further reduction to .80 parking space per unit may be permitted.
3. A parking shortage of forty (40%) percent or more of the parking requirement in Subsection 25-9.14e.l. shall require a variance from the standard which may only be granted by the Zoning Board of Adjustment. Deficiencies of less than forty (40%) percent of the necessary parking requirement shall be a design waiver which may be granted by the Planning Board or Board of Adjustment depending on specific circumstances presented at the public hearing of the application.
f. Fire Protection Requirements. Any conditional use under this section shall meet the requirements for fire protection of multi-family structures as prescribed by the State of New Jersey and the Borough of Red Bank.
g. Architectural Appearance. Applicant shall be required to submit architectural plans, profiles, facade treatment and details as required to ensure a harmonious blend of the structure within area structures and with the intent of the structure as a residential use.
h. Energy and Water Conservation Requirements. Conversions shall provide for maximum feasible energy conservation and, where practicable, use of solar energy. Energy conservation measures include but are not limited to storm windows; screens; insulation and energy efficient building materials; light activated switches for outdoor and/or common area lighting; energy efficient heating, air conditioning, ventilation and lighting systems and individual dwelling unit appliances; landscape treatment and other techniques which can be incorporated into the structural redesign and site plan.
i. Site Beautification and Maintenance. Adequate provisions and facilities shall be provided for maintenance of the property for trash, garbage, and snow removal as well as for the integration of the front yard into the surrounding streetscape with the use of high quality design amenities such as landscaping, street furniture, pavement material and lighting.
j. Signs shall be permitted as specified for the zone in which the use is proposed.
(Ord. #686, S 13-9.14; Ord. #1988-21, S 25)
a. There shall be no more than two (2) employees other than the bona fide residents of the dwelling.
b. The portion of the dwelling utilized for home occupation shall not exceed fifty (50%) percent of the first floor area of the dwelling nor twenty-five (25%) percent of the total floor area of the dwelling.
c. The occupation shall be conducted entirely within the dwelling or within an accessory building or buildings.
d. The following bulk requirements shall be observed if greater than the particular zone requirements:
1. Minimum building setback-fifteen (15') feet.
2. Maximum lot coverage-twenty-five (25%) percent.
e. Only Minor and Type A signs shall be permitted.
(Ord. #686, S 13-9.15; Ord. #1988-21, S 26)
a. Minimum lot area shall be fifteen thousand (15,000) square feet.
b. Minimum lot width shall be one hundred (100') feet.
c. Design Standards. All commercial earth terminals shall fully comply with the following:
e. No Community Residence for the Developmentally Disabled or Shelter of Victims of Domestic Violence shall be located upon a lot containing any other use, nor shall any structure or facility on the site be utilized to provide services for any person not residing on the site.
f. No Community Residence for the Developmentally Disabled or Shelter for Victims of Domestic Violence shall be in excess of two (2) stories in height, exclusive of basement areas. Basement areas shall not be utilized for living, sleeping or recreation areas.
g. Each Community Residence for the Developmentally Disabled or Shelter for Victims of Domestic Violence shall submit proof of licensing by the Department of Human Services of the State of New Jersey.
h. No Community Residence for the Developmentally Disabled or Shelter for Victims of Domestic Violence shall be located within one thousand rive hundred (1,500') feet of any other Community Residence for the Developmentally Disabled or any Shelter for Victims of Domestic Violence.
i. No Community Residence for the Developmentally Disabled shall be located on a minor arterial or principal arterial highway.
j. No Community Residence for the Developmentally Disabled shall be located in any area of heavy vehicular or pedestrian traffic congestion, or in any area where, by reason of any condition existing in proximity to the proposed Community Residence for the Developmentally Disabled, the occupants of said Community Residence for the Developmentally Disabled would be exposed to undue harm, danger or discomfort.
k. Each Community Residence for the Developmentally Disabled or Shelter for Victims of Domestic Violence shall provide one (1) off-street parking space for each resident staff member, plus one (1) off-street parking space for each employee on the shift employing the largest number of persons, plus one (1) off-street parking space for each three (3) developmentally disabled persons or victims of domestic violence residing on the site, or fraction thereof. The required off-street parking shall be subject to the provisions of Subsection 25-8.21 of this Chapter and shall be screened from adjacent residentially zoned properties in accordance with the provisions of Subsection 25-8.4b. of this Chapter.
l. No building utilized for a Community Residence for the Developmentally Disabled or Shelter for Victims of Domestic Violence shall be constructed or altered so as to be inharmonious with the residential character or adjacent structures and residential zones.
m. Only Minor and Type A signs shall be permitted.
(Ord. #686, S 13-9.16; Ord, #1988-21, S 27)
a. Minimum lot area shall be fifteen thousand (15,000) square feet.
b. Minimum lot width shall be one hundred (100') feet.
c. Design Standards. All commercial earth terminals shall fully comply with the following:
1. A commercial earth terminal shall not be located in a front yard or to the front of a street rear or side yard, shall not be closer to any property line than the height of the commercial earth terminal, and shall not be located in a buffer area;
2. A commercial earth terminal shall not violate the rear or side yard setback requirements applicable to the principal buildings within the particular district as set forth in the Development Regulations.
3. The commercial earth terminal support shall be erected on a secure foundation;
4. If erected on the ground, the height of a commercial earth terminal shall not exceed twenty (20') feet.
5. If erected on a building or other structure, the height shall not exceed the height permitted in the zone by more than five (5') feet nor shall the terminal be more than ten (10') feet above structure.
6. The main reflector of a commercial earth terminal shall not exceed a diameter of six (6) meters;
7. All wiring or connecting cables between a ground mounted commercial earth terminal and the principal building on the property shall be buried underground;
8. Any accessory building of the commercial earth terminal used for housing equipment necessary for the operation of the commercial earth terminal shall not be greater than one story, shall not exceed a building height of twelve (12') feet, and shall not exceed one hundred fifty (150) square feet in area;
9. A commercial earth terminal shall be surrounded by a non-climbable fence or other suitable barrier of a minimum height of six (6') feet designed to prevent access to the earth terminal and may be equipped with appropriate lighting and an alarm system which shall not be offensive to surrounding properties;
10. A ground mounted commercial earth terminal shall be so located and shall be effectively screened from view by natural plants, trees or other suitable sight barrier, which shall be maintained in good condition, in order to minimize the noise and visibility of the commercial earth terminal from any adjacent property and public street, as approved by the Planning Board;
11. Only one earth terminal shall be permitted on the applicant's property;
12. A commercial earth terminal shall be accessory to the principal building and incidental to the use of the principal building, and the occupants of the principal building shall be the principal users of the commercial -earth terminal;
13. Transmission of electrical signals to or from a commercial earth terminal or to or from an off-site ground location shall only be through underground or aerial wire, cable or fibre optic facilities. Terrestrial microwave communication directly between earth terminals or via passive reflectors both located within the Borough is prohibited.
14. The construction and operation of a commercial earth terminal shall fully comply with all applicable Federal and State statutes, regulations and requirements, including those pertaining to safety levels of radio frequency electromagnetic fields with respect to human exposure. In the absence of Federal or State regulations pertaining to safety levels of radio frequency electromagnetic energy emitted by the commercial earth terminal and at any point accessible to the public shall be no more than one-tenth (0.1) of the applicable safety levels as set forth in the American National Standard Institute "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 300 kHz, 300 kHz to 100 GHz," ANSI c95.1-1982.
d. Testing Requirements. An applicant receiving approval for the construction, placement and operation of a commercial earth terminal which transmits electromagnetic energy shall not operate it, except for testing purposes, unless the applicant conducts actual field measurements of the levels of electromagnetic energy emitted by the commercial earth terminal at the point specified below and files a statement with the Administrative Officer of the Borough certifying that the measured levels do not exceed the safety levels specified in paragraph c. 14 of this subsection.
All such measurements shall be made with the commercial earth terminal operating at the maximum Federal Communication Commission approved power level or shall be sealed to correspond to the maximum Federal Communication Commission approved power level. These measurements shall be made with a measuring device having a sensitivity adequate to measure levels of electromagnetic energy, at the frequency of operation, equal to one-hundredth (0.01) of the applicable safety levels set forth in ANSI C95.1-1982, and shall be taken in at least the following locations:
1. The top of the protective fence surrounding the commercial earth terminal at a point directly under the center line of the main beam of the antenna pattern of the commercial earth terminal and the top of this fence at points every five (5) degrees from the center line of the beam up to forty-five (45) degrees and at points every fifteen (15) degrees up to ninety (90) degrees in either direction;
2. The property line of the applicant's property at a point directly beneath the center line of such beam;
3. The occupied space nearest the center line of such beam of any building identified as being within fifteen (15) degrees of the center line of such beam, if requested by the property owner; and
4. The roof peak or highest accessible point of all building on the applicant's property at a point closest to the centerline of such beam.
If the direction of the main reflector of such a commercial earth terminal is subsequently changed or the Federal Communication Commission approved power level is increased, the applicant shall again conduct such actual field measurements and file a statement with the Planning Board and Construction Official of the Borough certifying that the measured levels do not exceed the safety levels specified in subparagraph c.14 of this section and that the commercial earth terminal is in compliance with all applicable Federal and State statutes, regulations and requirements, within fourteen (14) days of such change of direction - or increase in approved power level.
5. Report Filing Requirements. In addition, an applicant receiving conditional approval for the installation and maintenance of an earth terminal shall thereafter, on a continuing and timely basis, file with the Construction Official of the Borough of Red Bank, within ten (10) days of their submission, copies of such periodic government report as are required to be filed with Federal and State Agencies.
e. These signs shall be permitted:
1. Minor and Type A.
2. One from Types G3 or G4.
(Ord. #686, S 13-9.17; Ord. #1988-21, S 28)
Signs as specified in subsection 25-8.27d.3.(a) may be permitted as "Conditional Uses" in those zones specified provided that they adhere to the following objectives, design criteria and requirements:
a. Objectives.
1. To promote a desirable visual environment through creative design arrangements.
2. To encourage innovative and superior quality signs.
3. To ensure the visual and physical compatibility of signs with existing structures and neighborhoods.
b. Design Criteria. The Board in determining compliance with this provision shall consider, but shall not be limited in its consideration, to the following:
1. The placement and configuration of the proposed sign as it relates to all vehicular and pedestrian movement patterns to ensure that no physical or visual obstruction to save movement shall be created.
2. The architectural compatibility of the proposed sign, evaluated in terms of color, size, shape, materials, height and graphic content, with all surrounding buildings.
3. The visual impact of the proposed sign on all surrounding signs, evaluated in terms of impairment of visibility and graphic compatibility.
4. The landscape treatment at the base of all ground signs to ensure that the sign will be in harmony with the existing and proposed landscaping in the area.
5. The effect of any proposed sign height or area to meet the objectives set forth in Subsection 25-8.27a.
6. The necessity of increased sign height or area to meet the objectives set forth in Subsection 258.27e.3.
c. Requirements.
1. The sign shall conform to all standards for the specific sign type as provided in Subsection 25- 8.27e.3. (Schedule A).
2. The sign shall conform with all requirements of Subsection 25-8.27c.
3. Ground signs which are conditional uses shall only be permitted on lots which meet all requirements as specified in the following table:
