a. Permitted Uses.
1. Professional office, except on a street level of properties on Broad Street, Monmouth Street, White Street, English Plaza and East Front Street.
2. Business office, except on street level of 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 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 five thousand (5,000) square feet on street level.
3. Retail commercial uses, except:
(a) Large food stores exceeding eight thousand (8,000) square feet commonly called supermarkets.
(b) Thrift stores, second hand, pawn and consignment shops.
(c) Shops which offer for sale, firearm and/or ammunition.
(d) Antique sales will only be permitted on properties fronting on Broad Street with at least one thousand (1,000) square feet of ground floor area, but not to exceed four thousand (4,000) square feet of ground floor area.
4. Personal service establishments except:
(a) Massage parlors.
(b) Tattoo parlors/body piercing.
(c) Self-service laundry, or self-service dry cleaning shops.
5. Banks, trust companies and deposit institutions, but not in or upon properties fronting on Broad Street.
6. Primary food services establishment.
7. Dwelling apartment uses on floors above the street level floor. Each dwelling apartment shall have a minimum of one thousand (1,000) square feet of habitable floor area, and shall have no more than two (2) bedrooms.
8. Theaters.
10. Essential services.
11. Children's philanthropic uses, except on properties fronting on Broad and Front Streets or east of Broad Street.
b. Required Accessory Uses.
1. Off-street parking subject to the provisions of Subsection 25-8.21, and provided further that this requirement may be met as set forth in paragraph b, 3(d) below.
2. Off-street loading subject to the provisions of Subsection 25-8.20, provided that no more than one (1) off-street loading space shall be required, and provided further that this requirement may be met as set forth in paragraph b, 3(d) below.
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 five hundred (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) A combination of alternates (a), (b), (c), acceptable to the Municipal Agency.
4. If off-street parking requirements are not met as provided above the developer must:
(a) Obtain approval of a parking space variance subject to the provisions of Subsection 25-8.21p, 6. and in the event a variance is granted:
(1) Contribute to the Red Bank Borough Municipal Parking Utility Capital Improvement Fund, an amount in accordance with the "Parking Deficiency Schedule."
Example: A 22 space deficiency requires $2,500.00 for space 1-5, plus $5,000.00 for space 6-10; plus $7,500.00 for space 11-15, plus $10,000.00 for space 16-20 plus $5,000.00 for space 21-22 for a total contribution of $30,000.00.
5. Buffers and screening subject to the requirement of Subsection 25-8.4.
c. Permitted Accessory Uses.
1. Fences and hedges subject to the provision of Subsection 25-8.14.
2. Off-street loading within enclosed storage structures.
3. Signs subject to the provisions of Subsection 25-8.27 as follows:
(a) Minor and type A and B signs.
(b) Type W2.
(c) One (1) from type W3 and P1 for each occupancy with direct exterior access.
(d) One (1) type R2 or R3 for each public entrance.
4. Vertical parking garage subject to the provisions of Subsection 25-8.37.
d. Conditional Uses.
1. Churches and places of worship.
2. Public utilities.
3. Public and quasi-public recreation areas.
4. Commercial parking facilities.
5. Signs which are Conditional Uses, subject to the provisions of Subsection 25-8.27, as follows:
(a) Type W-C1.
(b) One (1) type P-C1 for each occupancy with direct exterior access.
1. Minimum Lot Area: no requirements.
2. Minimum Lot Frontage: thirty-five (35') feet, except for lots and uses in existence prior to April 23, 1979, no requirements.
3. Minimum Front Setback: no requirements, except in no case shall any structure be less than forty (40') feet from the center line of a street.
4. Minimum Rear Yard Setback: ten (10') feet, except abutting residential zone district or existing residential use: twenty-five (25') feet.
5. Minimum Side Yard Setback: no requirements, except abutting residential zone district or existing residential use: ten (10') feet.
6. Maximum Structure Height: fifty (50') feet and not exceeding four (4) stories.
7. Minimum Gross Habitable Ground Floor Area: no requirements.
8. Maximum Lot Coverage of Principal and Accessory Structures: sixty-five (65%) percent plus that percentage of the site which is arranged, finished and intended to be used and is useable by the general public, including plaza, widened sidewalks, seating areas, mini-parks and similar facilities.
9. Minimum Unoccupied Open Space: ten (10%) percent.
10. Maximum Floor Area Ratio: 2.25.
f. Special Requirements.
1. Prior to determining an application for development on any property in The Historic District, the Administrative Officer shall make a positive finding that the development complies with the provisions of Subsection 25-5.30, Historic District Regulations. In making this determination the Administrative Officer may consult with the Borough Engineer and the Planning Board Site Plan Committee. If the Administrative Officer cannot make such a positive finding, the applicant shall be directed to apply for a variance pursuant to Subsection 25-3.1j, 9.
(Ord. #686, S 13-10.12; Ord. #1988-21, SS 45-49; Ord. #1991-9, S 2; Ord. #1991-14, S 4; Ord. #1992-7, S 5; Ord. #1993-18, S 1; Ord. 1996-6, S 2; Ord. 1998-4, S 3; Ord. #2000-6, S 1; Ord. #2000-35, S 2; Ord. #2003-26, S 2; Ord. #2005-22, S 1; Ord. #200524, S 1; Ord. #2005-53, S 1)
a. Permitted Uses.
1. Detached single family dwellings.
2. Dwelling apartment uses on floors above the street level floor; provided, however, that there shall not be more than two (2) such dwelling apartments on each floor, or more than a total of four (4) such dwelling apartments in any building. Each dwelling apartment shall have a minimum of six hundred (600) square feet of habitable floor area, and shall have no more than two (2) bedrooms.
3. Multi-family dwellings, known as garden apartment or apartment houses at a density not to exceed fourteen (14) units per gross acre; or townhouses at a density not to exceed twelve (12) units per gross acre, subject to Subsection 25-8.19.
4. Professional offices and home professional offices.
5. Business offices.
6. Retail commercial, except:
(a) Large food stores exceeding eight thousand (8,000) square feet, commonly called supermarkets.
(b) Shops which offer for sale, firearms and/or ammunition.
7. Personal service establishments, except:
(a) Massage parlors.
(b) Tattoo parlors and stores whose primary function is body piercing.
8. Art studios and galleries.
9. Banks, trust companies and deposit institutions.
10. Primary food service establishment.
11. Primary liquor service establishments.
12. Motor vehicle diagnostic and service, facilities.
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.
b. Required Accessory Uses.
1. Off-street parking subject to the provisions of Subsection 25-8.21, however, the Board, in its discretion, may consider shared parking when it can be demonstrated that:
(a) A contract with a minimum ten (10) year period is in place with the subject property, and
(b) The contract reflects that future changes to the property on which parking is provided will be subject to review by the Board in consideration of maintaining contractually obligated parking, and
(c) That the contract is recorded with the County prior to issuance of a development permit.
2. Off-street loading subject to the provisions of Subsection 25-8.20.
3. Buffers and screening subject to the requirements of Subsection 25-8.4.
4. If off-street parking requirements are not met as provided above, the developer must:
(a) Obtain approval of a parking space variance subject to the provisions of Subsection 25-8.21p,6. and in the event a variance is granted:
(1) Contribute to the Red Bank Borough Municipal Parking Utility Capital Improvement Fund, an amount in accordance with the "Parking Deficiency Schedule."
