Freehold City Zoning Code

Each parcel is to be rehabilitated and/or redeveloped in a manner that is complementary to the surrounding environment. To that end, the proposed land use for each parcel will contain an appropriate mixture of commercial and residential uses designed in accordance with the standards contained in this plan, which are primarily intended to create a pedestrian oriented, development, where residents, visitors, and area workers can easily access parking, and walk to residences, restaurants, retail establishments, and offices.

The borough council will act as the redevelopment entity for the FCC. The borough engineer will make an initial review of all concept plans provided by redevelopers and property owners to determine whether the proposed development, use or uses are consistent with and in accordance with the permitted uses and design requirements as set forth in this plan. The engineer will prepare a report to the mayor and council and to the applicant. This will allow the applicant to adjust the plans to bring same into compliance before submission to the borough planning board. This process will help ensure that redevelopers are following the use and design standards of this plan appropriately. Any plan which is not in accordance with the permitted uses cannot be submitted to the planning board prior to the plan being reviewed by the mayor and council. Deviations from the use requirements, affordable housing provisions or deficiencies from parking requirements where the deficiency is in excess of ten (10) parking spaces can only be addressed as an amendment to the redevelopment plan.

In addition, through this redevelopment plan, the borough will be able to offer five-year tax abatements as an added incentive for restoration and rehabilitation of older structures and actively seek public funding to assist owners in preserving and restoring historic properties.

(Ord. No. 2013/13, § 2, 10-7-13)

Any deviations from the use requirements or affordable housing provisions shall be addressed as an amendment to the redevelopment plan rather than via use variance relief through the zoning board of adjustment or planning board of the borough of Freehold.

The planning board may grant variances from the bulk requirements set forth in Section 18.07.030 and design exceptions or design waivers from the design standards set forth in this redevelopment plan as applicable to site plan and subdivision applications for projects in the Freehold Center Core Redevelopment Plan Area if the exception, variance or waiver is reasonable and within the general purpose and intent of the provisions for site plan and subdivision review in the borough of Freehold Land Use Ordinance and in this redevelopment plan, and if the literal enforcement of one or more provisions of this redevelopment plan or the borough of Freehold Land Use Ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question. In the event the application for proposed development or use is deficient by ten (10) or more parking spaces, such exception, waiver or variance may only be addressed as an amendment to the redevelopment plan rather than via variance, exception or waiver relief through the zoning board of adjustment or planning board of the borough of Freehold, provided however, that this parking requirement shall not apply to existing churches, synagogues, houses of worship and similar religious facilities provided that the facility is on its own site and not part of a mixed use building or combined with any other use.

(Ord. No. 2013/13, § 2, 10-7-13; Ord. No. 2016/11, § 2, 9-6-16; Ord. No. 2018/12, § 2, 11-5-18)

Parking. Parking facilities in the Freehold Center Core Revitalization Zone shall comply with all of the following standards:

A.

Parking shall be based upon the sum of the parking required for the various uses contained in a proposed development, based upon New Jersey Residential Site Improvement Standards (RSIS) for residential uses and the borough of Freehold Zoning Ordinance for nonresidential uses.

B.

In the case of a development proposal in which there are efficiencies derived by shared parking for uses which have complementary peak demands, the applicant shall submit parking generation data, based upon standard methodology (such as that published by the Urban Land Institute) sufficient for the reviewing board of jurisdiction to determine the appropriate reduction.

C.

In the case of a development proposal consisting solely of two or more contiguous uses of the same classification, the reviewing board of jurisdiction may permit a reduction of the aggregate amount of required parking based upon a determination that greater efficiency is effected by joint use of a common parking area, but in such case the required number of off-street parking spaces shall not be reduced by more than twenty-five (25) percent.

D.

In determining any proposed reduction in parking requirements, the applicant shall affirmatively demonstrate the parking spaces will be made available to share among the multiple uses and that the shared parking spaces will be distributed over the site in a manner to ensure that all spaces will be situated at a reasonable distance for the intended users of the parking spaces.

E.

For major redevelopment projects on tracts larger than five acres, no more than ten (l0) percent of the total number of off-street parking spaces provided shall be located or situated in off-street surface parking lots (i.e. at least eighty (80) percent of the total number of off-street parking spaces shall be contained within a structured multi-level parking deck or private enclosed parking garage).

F.

No parking space shall be permitted in the area between the build-to line and the edge of pavement of a street or roadway, except for parking spaces situated along an alley and serving a townhouse with a rear-loaded garage.

G.

The parking plan may also take into account the proximity of mass transit and the potential for pedestrian access.

Deviations from the parking requirements shall require variance relief pursuant to the Freehold Borough Zoning Ordinance, subject to the provisions of Section 18.07.020 herein. Any application for proposed development or use which is deficient by ten (10) or more parking spaces, such exception, waiver or variance may only be addressed as an amendment to the redevelopment plan rather than via variance, exception or waiver relief through the zoning board of adjustment or planning board of the borough of Freehold.

H.

In the case of a change in use of an existing building, additional parking is required when the parking requirements of the new use is higher than the requirements of the previous use. The differential in parking spaces between the old and new uses shall be provided to comply with this section. The parking requirement for the use prior to the change in use shall be "grandfathered" and deducted from the parking requirements for the new use.

I.

Deviations from the parking requirements shall require variance relief pursuant to the Freehold Borough Zoning Ordinance, subject to the provisions of Section 3.03.02 herein. Any application for proposed development or use which is deficient by ten (10) or more parking spaces, such exception, waiver or variance may only be addressed as an amendment to the redevelopment plan rather than via variance, exception or waiver relief through the zoning board of adjustment or planning board of the borough of Freehold.

J.

A parking requirement for a use may be satisfied through the provision of dedicated parking at an off-site location. The off-site location shall be located within a quarter mile (1,320) foot radius of the property whose parking requirement is being satisfied. The parking arrangement shall be formalized through a legal instrument such as a deed, lease, or easement deemed acceptable by the borough zoning officer.

K.

The bulk requirements for parking in the Freehold Center Core Revitalization Zone shall not apply to existing churches, synagogues, houses of worship and similar religious facilities provided that the facility is on its own site and not part of a mixed use building or combined with any other use. Any new churches, synagogues, houses of worship and similar religious facilities must comply with the parking requirements of the zone.

(Ord. No. 2013/13, § 2, 10-7-13; Ord. No. 2016/11, § 2, 9-6-16; Ord. No. 2018/12, § 2, 11-5-18)

The "Visioning and Revitalization Plan for the Freehold Center Core Redevelopment Plan Area" is incorporated as part of the zoning ordinance of the borough of Freehold. In the case where a particular land use or site standard is not covered in this redevelopment plan however, compliance with the remainder of the zoning ordinance or other applicable municipal code or ordinance will be required, as deemed appropriate by the planning board of the borough of Freehold.

(Ord. No. 2013/13, § 2, 10-7-13; Ord. No. 2019/4, § 3, 3-6-19)

Wherever there is a conflict between other parts of the zoning ordinance of the borough of Freehold and the standards in this plan, the standards in this plan shall apply.

(Ord. No. 2013/13, § 2, 10-7-13; Ord. No. 2019/4, § 3, 3-6-19)

A.

It is hereby found and determined that the aforementioned historic assets study provides more predictability to property owners looking to rehabilitate their historic properties and ensures that any applications are reviewed, and determinations made in a timely manner in accordance with the standards set forth in the historic rehabilitation standards section.

B.

It is hereby found and determined that the aforementioned amendment to the rehabilitation plan will afford maximum practical opportunity consistent with the sound needs of the locality as a whole, for the redevelopment of the area.

C.

The historic assets study is in conformity with the Local Redevelopment and Housing Law of New Jersey (N.J.S.A. 40A:12A-1 et. seq.), which allows a municipality to designate an "Area in Need of Rehabilitation" and create a redevelopment plan to govern the rehabilitation area which plan may include area, bulk, design, or other development standards meant to revitalize the area in a way consistent with the municipal goals and objectives identified in the master plan.

D.

The historic assets study, dated July 6, 2020, having been duly reviewed and considered, is hereby approved and adopted, and the borough clerk is hereby directed to file a copy of the historic assets study with the meeting minutes and to keep a copy on file in the office of the borough clerk.

(Ord. No. 2021/16, §§ I—IV, 10-4-21)

For those applications that do not require review by the planning board, the applicant/developer shall, at the time of filing an application, pay a fee to the borough by cash, certified check, or money order in accordance with the following:

A.

Non-refundable fees. There shall be a non-refundable fee of one hundred dollars ($100.00) for the purpose of offsetting in-house administrative, clerical and technical costs, exclusive of expenses for professional consultants, such as legal, planning, engineering and other professional fees, costs and expenses.

B.

Escrow fees. There shall be posted an escrow of one thousand dollars ($1,000.00) for the purpose of reimbursing the borough for direct fees, costs, charges and expenses of professional consultants retained by or on behalf of the redevelopment entity in reviewing, testifying, and/or assisting the redevelopment entity in processing these applications.

(Ord. No. 2022/6, § II, 5-16-22)