Freehold City Zoning Code

A.

Guiding Principles. Recognizing that certain uses, activities and structures are necessary to serve the needs and provide for the convenience of the citizens of the borough and at the same time, appreciating the fact that they or any one of them may be or may become inimical to the public health, safety and general welfare of the community if located without due consideration to the existing conditions and surroundings, such uses are designated as conditional uses subject to the standards and regulations established by this chapter. These standards and regulations are intended to provide the reviewing board with a guide for reviewing applications for conditional uses as provided for by this title. As a result of the review procedure, the applicant may be required to meet additional standards and regulations imposed by the reviewing board during the site plan review which are in keeping with and will further the intent of these standards and regulations. Such standards and regulations shall be provided for and maintained as a condition of the establishment and maintenance of any use to which they are a condition of approval.

B.

General Provisions. In acting upon an application for conditional use approval, the reviewing board shall be guided by the following general provisions:

1.

The use for which an application is being made is specifically listed as a conditional use within the zone where the property is located.

2.

The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and reasonable consideration is afforded to the following:

a.

The compatibility of the proposed use(s) and/or structure(s) within the existing neighbor-hood;

b.

The potential effect that the proposed use(s) and/or structure(s) will have upon property values;

c.

The adequacy of the proposed parking and traffic circulation for the use(s) and/or structure(s) and the potential for traffic congestion and/or the creation of undue traffic hazards;

d.

The need for such facility or use(s) to serve the area in which it is to be located;

e.

The adequacy of proposed drainage facilities which will serve the use(s) and/or the structure(s);

f.

The adequacy of plans for screening any adverse aspects of the use(s) and/or structure(s) from adjoining properties;

g.

The adequacy of proposed outdoor lighting;

h.

Compliance with the standards, principles and objectives of the master plan;

i.

Compliance with the design standards, general provisions, submission requirements and other appropriate provisions of this title.

3.

All conditional uses shall also be required to obtain site plan approval, unless otherwise specified in this title.

4.

Conditional uses shall adhere to the additional standards specified for the particular use under this chapter except where no additional standards are specified herein.

5.

No use specified within this chapter shall be considered a conditional use unless it is specifically listed as a conditional use in the zone district regulations.

(Prior code § 19-18)

No conditional use permit shall be issued unless the board of adjustment determines that:

A.

The proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system of the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.

B.

The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.

C.

Adequate and attractive fences, buffer areas and other safety devices shall be provided.

D.

Sufficient landscaping including shrubs, trees and lawns are provided and shall be periodically maintained.

E.

Adequate off-street parking shall be provided.

F.

All the area, yard and building coverage requirements of the respective zone shall be met.

(Prior code § 19-18.2)

Public, parochial or private schools, including institutions of higher learning, but not trade or business schools, may be permitted in a residential zone district with a conditional use permit. Application for a permit shall be made to the zoning board of adjustment. The application shall include a site plan drawn to scale, indicating overall dimensions, topographical conditions, before and after the location and intended use of existing and proposed buildings, location of recreational areas, the relationship of the proposed use to highways, streets and adjacent properties, and such physical features as might present any deterrent to the protection of the health and safety of the pupils. The application shall include a complete set of architectural plans and specifications and existing and proposed buildings and structures, and a statement setting forth in general terms the proposed courses of instruction. This statement shall indicate the grade levels of the pupils to be housed in the building or buildings, the planned pupil capacity of such building or buildings, and the contemplated eventual enrollment of the school.

Before authorizing the building inspector to issue a permit, the zoning board of adjustment shall determine that the following standards are met:

A.

The curriculum of the proposed school shall be approved by the New Jersey Department of Education.

B.

The minimum lot area for an elementary school shall be five acres, plus one additional acre for each two hundred (200) pupils. The minimum lot area for an intermediate school, high school or institution of higher learning shall be six acres, plus one acre for each one hundred (100) pupils. No more than twenty (20) percent of the site shall be covered by buildings.

C.

Off-street parking shall be provided in the following ratios: elementary and intermediate schools shall provide one parking space for each staff member or employee plus adequate space for school visitors and for buses and delivery vehicles. All other schools shall provide one parking space for each staff member or employee, plus one parking space for each twenty (20) pupils, plus adequate space for buses and delivery vehicles. These requirements may be increased if, in the judgment of the board of adjustment, such consideration as the unavailability of bus services or a relatively high percentage of pupils driving their own car make such increased requirements desirable.

D.

No driveway shall open onto a public street or road within one hundred fifty (150) feet of an intersection of such street or road with another public street or road. In determining the suitability of proposed or existing driveways upon the site, the board shall consider such factors as grade and site clearance, the number and pattern of driveways, the number, location and design of ingress and egress points, the volume of traffic which may be anticipated on the site and upon adjoining roads, and the condition and width of pavement of adjoining roads.

(Prior code § 19-18.3)

Parks, playgrounds and recreation areas and facilities, including club houses, parks, playgrounds, swimming pools, tennis courts, and other such activities, being quasi-public and operated by nonprofit membership organizations are permitted in certain districts with a conditional use permit. Before authorizing the building inspector to issue a permit, the zoning board of adjustment shall determine that the following standards are met:

A.

A set of architectural plans, specifications and plot plans, a statement setting forth full particulars on the operation of the use and a complete list of the proposed charter membership, including names and residence addresses, shall be filed with the zoning board of adjustment in triplicate;

B.

It is ascertained by the board of adjustment that the proposed use is a bona fide nonprofit organization operated solely for the recreation and enjoyment of the members of the organization;

C.

It is ascertained by the board of adjustment that the proposed use in the proposed location will not adversely affect the safe and comfortable enjoyment of property rights or otherwise adversely affect the value of adjacent properties, that the design of any structures erected in connection with such use are in keeping with the general character of the area, and that sufficient landscaping, including trees, shrubs, and lawn, are provided to serve as a buffer between said use and adjoining properties, and to insure an attractive appearance for the use;

D.

The zoning board of adjustment finds that any parcel upon which such use is proposed, contains at least two acres of land; that buildings will not occupy more than twenty-five (25) percent of the lot area; that all other requirements as set forth in this title for the zone in which it is to be located are observed; that such use will in no way be detrimental to the surrounding property values; and that the structure or use proposed will serve a useful purpose to the general welfare of the borough;

E.

That front, rear and side yards shall be increased one foot for each foot by which such building exceeds the height limit herein established for the zone in which it is located, but in no case shall any building exceed a height greater than fifty (50) feet;

F.

That the appropriate area and number of off-street parking spaces have been established and met;

G.

Signs may be illuminated but nonflashing and limited in area to not more than fifteen (15) square feet on any one side. The number and location of signs shall be determined by the board of adjustment.

(Prior code § 19-18.4)

Motor vehicle service stations may be permitted in any district where specifically noted herein as being a permitted use with a conditional use permit. Before authorizing the building inspector to issue a permit, the planning board shall determine that the following standards are met:

A.

In addition to the information required in the site plan as spelled out in this title, the site plan shall also show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed, the type of structure and accessory buildings to be constructed, the number of automobiles which are to be garaged.

B.

No motor vehicle service station shall be permitted within one thousand (1,000) feet of any other motor vehicle service station as measured along the center line of the street from center line to center line of the lots.

C.

No motor vehicle service station shall be permitted within five hundred (500) feet of any of the following:

1.

A public school, public playground or athletic field;

2.

A duly organized school giving instruction at least five days per week (holidays excepted) for eight or more months per year;

3.

A church or any house of worship of any religious faith;

4.

A nursing home or rest home;

5.

A public library;

6.

Theater or other building used for public entertainment in which more than fifty (50) persons congregate.

D.

Motor vehicle service stations shall have a lot area of not less than twenty thousand (20,000) square feet with a minimum lot frontage of one hundred twenty-five (125) feet. No building shall be located closer than fifty (50) feet from the street right-of-way. The building shall have a floor area of at least seven hundred fifty (750) square feet.

E.

Driveways shall not be more than twenty-four (24) feet wide at any point. Driveways shall be at least ten (10) feet from any side lot line, and twenty-five (25) feet from the intersection of street lines. No more than two driveways shall be permitted for each one hundred (100) feet of street frontage.

F.

The entire area of the site travelled by motor vehicles shall be paved in accordance with the requirements of the borough and subject to the approval of the borough engineer.

G.

Accessory goods for sale may be displayed on the pump island and building island only in suitable stands or racks. Display of loose items not in stands or racks is prohibited. A maximum of two outdoor vending machines shall be permitted on the building island.

H.

All fuel pumps shall be located at least thirty (30) feet from any street or property line and shall be attendant operated.

I.

All lubrication, repair, painting, or similar activities shall be performed within a completely enclosed building.

J.

No automobile, truck or trailer standing on the property may have any advertising matter thereon to the effect that such motor vehicle, truck or trailer is for rent or sale.

K.

Sign Regulations for Motor Vehicle Service Stations. Notwithstanding any other provisions of this chapter, gasoline service stations, where permitted, may display only the following signs which are deemed customary and necessary to their respective businesses:

1.

One freestanding sign advertising the name of the station, including any special company or brand name, insignia, or emblem, and price information provided that the total area of such sign shall not exceed thirty-six (36) square feet in area on each side, or exceed six feet by six feet. Such sign shall be placed not less than ten (10) feet within the property line and no portion of said sign shall be more than twenty (20) feet above the ground.

For any such sign located within the core redevelopment zone, one freestanding sign advertising the name of the station, including any special company or brand name, insignia, or emblem, and price information provided that the total area of such sign shall not exceed sixteen (16) square feet in area on each side, or exceed four feet by four feet.

2.

Facade signs for up to two faces of any building (including any convenience stores) fronting on a road or street, not in excess of ten (10) percent of the wall area or forty (40) square feet, whichever is the lesser. Any awning shall be considered part of the face of the building for these purposes.

3.

Directional signs or lettering displayed over individual entrance doors or bays, consisting only of the words "washing", "lubrication", "repairs", "mechanic on duty", or other words closely similar in import, provided that there shall be not more than one such sign over each entrance or bay; the letters thereof shall not exceed twelve (12) inches in height, and the total area of each sign shall not exceed three (3) square feet.

4.

Customary lettering on or other insignia which are a structural part of a gasoline pump, consisting only of the brand name of gasoline sold, lead warning sign, a price indicator, and any other sign required by law, and not exceeding a total of two square feet on each pump.

5.

One temporary sign located inside the property line and specifically advertising special seasonal servicing of automobiles, provided that such sign does not exceed six square feet in area.

6.

Brand name signs on canopies over pump islands on up to three sides of the canopy each sign not to exceed sixteen (16) square feet in area.

L.

One parking space shall be provided for each employee on the largest shift and three spaces shall be provided for each service bay. In addition to the above, if there is a convenience store on the property additional parking shall be provided at the rate of one parking space for every one hundred fifty (150) square feet of building area devoted to convenience store use. No "For Sale" vehicles shall be parked on site.

M.

All freestanding canopies shall adhere to the following design parameters:

1.

The canopy structure shall relate to the main building with respect to materials, massing, and overall design.

2.

Fascias of the canopy shall be finished to match the main building material and color.

3.

All canopy supports shall be clad in brick masonry construction, wood or similar covering for at least the lower half of the support.

4.

All canopy downspouts and related hardware shall be integrated into the structure.

5.

Canopy Lighting.

a.

Lighting luminaries mounted under the canopy structures shall be recessed or shielded such that the lamp source is not visible and glare is not created.

b.

The maximum sustained illumination levels at the ground surface under the canopy shall not exceed thirty-five (35) fc (footcandles).

c.

Striping, whether illuminated or not, neon, and illuminated panels are not permitted on the canopy.

(Prior code § 19-18.5)

(Ord. No. 2013/2, § 2, 4-15-13)

Churches and other places of worship may be permitted in any residential zone only upon receipt of a conditional use permit and provided that the following standards are met, together with any other requirements deemed necessary by the board of adjustment, and any other applicable requirements of this title.

A.

The minimum area shall be three acres and a minimum frontage shall be three hundred (300) feet.

B.

The site shall have direct access to a street classified as a major collector or a secondary arterial road in the borough master plan, as amended.

C.

Maximum site coverage shall be twenty (20) percent.

(Prior code § 19-18.6)

Community residences or shelters, other than permitted community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries, as defined in Section 18.08.020, having more than six but less than sixteen (16) persons, exclusive of resident staff, may be permitted in any residential zone only upon receipt of a conditional use permit from the planning board. Residences requiring a conditional use permit shall include, but not be limited to, halfway houses for drug and alcohol patients, halfway houses for persons convicted of a crime or other group homes other than as set forth above. The planning board shall issue such a conditional use permit only after the following requirements have been complied with:

A.

Applicants receipt of site plan approval pursuant to Freehold Borough site plan ordinance;

B.

No group home, residence or shelter (other than those as permitted and defined above in Section 18.08.020 for developmentally disabled, victims of domestic violence, terminally ill and persons with head injuries) shall be located within one thousand five hundred (1,500) feet of an existing such community residence shelter or group home. Any measure made pursuant to this subsection shall be from the respective lot lines and not from the structures themselves.

C.

No group home, community residence or shelter, other than as permitted hereinabove in Section 18.08.020, shall house more than fifteen (15) residents.

D.

The maximum number of occupants for any community residence, shelter or group home, other than those defined in Section 18.08.020 accepted hereinabove, shall be fixed at the time of application, and shall be commensurate to the amount of land to be used and the square footage of house. No further expansion of such occupancy limit shall be made unless supplemental approval is granted by the planning board.

E.

In order that the health and safety of the occupants shall not be endangered by heavy traffic volumes, community residences, shelter and group homes, except as defined in Section 18.08.020, shall not be located on any street other than those classified as local streets in the master plan of the borough.

F.

Such community residences, shelters and group home, except as defined in Section 18.08.020, shall not have any entrance or exit on the same side of the street and within two hundred (200) feet of any entrance or exist to a public-or private school, garage or service station, theater, rescue squad, fire station, park or playground, except where and when the property is in another block or another street which the lots in question does not abut.

G.

Sufficient off street area is to be provided for the pick up and discharge of occupants by vans or other vehicles serving the residents.

H.

No community residences, shelters or group homes, except those permitted accepted hereinabove in Section 18.08.020, shall be permitted if the number of residents within the borough exceeds fifty (50) persons or five percent of the population which ever greater.

I.

All such community residences, shelters or group homes, except those permitted hereinabove in Section 18.08.020 shall continue to resemble single-family homes and retain the aesthetic characteristics of the neighborhood.

J.

All such community residences, shelters or group homes, as defined herein except for those permitted hereinabove in Section 18.08.020, shall have a minimum floor area of three hundred (300) square feet per resident.

K.

All such community residences shelters or group homes, except those defined hereinabove in Section 18.08.020, shall have .75 parking space for each resident thereof. The planning board shall give due consideration to provisions for visitation and the number of resident staff in order to ensure that there is ample parking facilities in order that no motor vehicle shall be required to back out onto a street by reason of a deficiency in the available parking. The planning board may, in its discretion, require more parking spaces than .75 per resident or may, if the evidence so warrants, waive the strict adherence of that standard.

L.

No sign denoting the nature of the facility shall be allowed on the premises of a community residence, shelter, group home, except those defined hereinabove in Section 18.08.020.

M.

Buffering and screening shall be required by the community residence or shelter or group home except for those defined hereinabove in Section 18.08.020 and adjoining residential property. In determining the height and density of such buffering or screening, the planning board shall give due consideration to the proximity of the residence or shelter to adjacent dwelling units.

(Ord. 7/99 § 2 (part): prior code § 19-18.7)

A planned residential development may be permitted in the zone(s) specified only upon receipt of a conditional use permit. The planning board shall issue such a conditional use permit only after the following requirements have been met:

A.

Objectives. In order that the public health, safety, moral and general welfare be served in an era of increasing demand for housing of all types and design; to encourage innovation, variety in type, design and layout of buildings, conservative and efficient use of land; to create a setting for housing combined with recreational facilities; in aid of these purposes; to provide a procedure which can relate the type, design and layout of residential development to the particular site and area in a manner consistent with the preservation and upgrading of property value within established residential areas and; to insure that the increased flexibility of substantive regulations over land development authorized herein be subject to such administrative standards and procedures as herein contained.

B.

Findings for Planned Residential Developments. Prior to the approval of any planned residential development, the review board shall find, as required by N.J.R.S. 40:55D-45, the following facts and conclusions:

1.

That departures by the proposed development from zoning regulations otherwise applicable to the subject property conforms to the zoning standards applicable to planned residential developments;

2.

That the proposals for maintenance and conservation of the common open space are reliable and that the amount, location and purpose of the common space are adequate;

3.

That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and amenities of light and air, recreation and visual enjoyment are adequate;

4.

That the proposed planned residential development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;

5.

In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

C.

Conditions and Standards.

1.

Principal uses and buildings permitted:

Single-family dwellings and townhouses, as determined by the planning board to be similar in character to the above type units.

2.

Accessory uses permitted:

a.

As specified in subsection (C)(3) of this section for each residential unit;

b.

Off-street parking;

c.

Recreational facilities exclusively serving the residents of the planned residential development.

3.

Standards for residences:

a.

Single-family detached residences:

i.

Area and yard requirements:

Minimum lot size: eight thousand (8,000) square feet.

Minimum lot width: eighty (80) feet.

Minimum front setback: five feet.

Minimum rear setback: twenty-five (25) feet.

ii.

Building height shall be limited to a maximum height of thirty (30) feet and two and one-half stories.

iii.

Accessory structures shall be prohibited in any front yard area. Accessory structures shall maintain a minimum side and rear yard setback of three feet.

iv.

Fences shall comply with the provisions of Section 18.76.030;

b.

Townhouses.

i.

The minimum setback for all dwelling units from any street right-of-way or any common parking area shall be twenty (20) feet.

ii.

No more than eight townhouses shall be attached in a series.

iii.

No more than two contiguous townhouse dwelling units shall be located on the same setback line. Variations in front setback between contiguous dwelling units shall not be less than eleven (11) nor greater than twenty (20) feet.

iv.

The roof-lines of at least thirty (30) percent of the number of units which are attached in a structure having a single linear plane shall be staggered in height by not less than five percent of the height of the roof-lines of the remaining units in such structure.

v.

No townhouse structure shall be closer than thirty-five (35) feet to any other townhouse structure, measured perpendicular to the building walls.

vi.

Building heights shall be limited to a maximum of thirty-five (35) feet.

vii.

Accessory structures shall be prohibited. Each unit is to be so designed to provide adequate space within the unit for the storage of personal exterior maintenance and landscaping equipment. Tool and storage sheds are specifically prohibited.

viii.

Each unit shall be provided at the time of construction an exterior screened private or semi-private outdoor living area designed for the recreational use of the occupants of the dwelling unit. Such area shall not be less than three hundred (300) square feet in area, may be at ground level or elevated and may be composed of any materials designed to create a patio surface or may be a wood deck area or other surface or structure or combinations thereof, in whole or in part. Adequate visual screening from neighboring dwelling units, patios, adjacent parking areas and roadways shall be provided which may consist of plantings, masonry structures or wood fencing. Architectural elements, such as masonry walls and fences, shall be compatible in both style and materials with the dwelling unit of which it is a part.

ix.

No fencing or walls shall be erected except in accordance with subsection (C)(3) of this section.

4.

Open Spaces and Common Recreation Lands. Not less than one acre plus twenty (20) percent of the total land area of any planned residential development shall be designated for common open space or common recreation lands. Such designated open space shall consist of land in a natural state or land developed for specific recreational purposes and shall be specified as to its intended use, including areas for wildlife preservation. Parcel size shall be a minimum of two contiguous acres, which may be irregularly shaped. Such designated open space shall not include yard areas of lots in private individual ownership, land area within the right-of-way of a public or private street and buildings wherein the principal use of such lands is to provide pedestrian access to and from buildings. Such open space shall be dedicated to a homeowner's association or trust, which incorporation and bylaws shall be approved by the reviewing board.

5.

Public Improvements.

a.

The developer shall install or cause to have installed, at his or her own expense, all public improvements, as required in accordance with the standards and conditions of the borough.

b.

All public utilities shall be installed in accordance with the borough land subdivision ordinance standards; all planned residential developments shall be serviced by approved and adequate public sanitary sewerage and water systems and underground electric, telephone and cable systems.

6.

Circulation.

a.

The street system must be designed to provide clarity of movement. The design shall provide a minimum of two points of access to primary arterial or secondary arterial streets.

b.

All entrance and exit roads shall be located to afford maximum safety to traffic, provide for safe and convenient ingress and egress to and from the site, and to minimize conflict with the flow of traffic.

c.

Where pedestrians must cross service roads or access roads to reach parking areas, crosswalks shall be clearly designated by pavement markings or signs. Crosswalk surfaces may be raised slightly to designate them to drivers unless drainage problems would result. A one-way car movement (to the left or counter-clockwise) should be encouraged. A major loop should be developed around the parking area and parking bays should run perpendicular of the road.

d.

Pedestrian sidewalks shall be provided in such locations, including entrances and exits to the development, where normal pedestrian traffic will occur. Where appropriate, bikeways may be provided instead of sidewalks. Provisions for bikeways and requirements for sidewalks and pathways shall be made upon determination by the review board.

7.

Parking.

a.

Off-street parking requirements shall be as follows:

For purposes of determining compliance with this chapter, a maximum of one parking space per unit may be located within a garage.

b.

All common off-street parking areas shall be transferred to the ownership of a homeowner's association for maintenance and repairs. All garages to be provided shall be an integral part of the townhouse dwelling units and not separate structures. Garages shall be applied to the off-street parking requirements in accordance with their capacity.

8.

Solid Waste Storage. Adequate provisions shall be provided for refuse accumulation and private pick up in a convenient and properly concealed location.

Solid wastes, if stored outdoors, shall be placed in metal receptacles within a screened refuse area.

a.

The screened refuse area shall not be located within any front yard area.

b.

The refuse storage area shall be surrounded on at least three sides by a solid uniform fence or wall not less than six feet in height.

c.

A four-foot minimum width landscaping area shall be provided along the fence or wall enclosing the refuse storage area. The landscaping to be provided shall be shown on the site plan submitted for the reviewing board approval.

d.

The opening in the enclosed refuse area shall be located to minimize the view of refuse from adjoining properties public streets.

e.

If located within or adjacent to a parking area or access drive, the enclosed refuse area shall be separated from such parking area or access drive by curbing and shall not be located so as to interfere with traffic circulation or the parking vehicles.

f.

There shall be provided at least one outdoor refuse storage area of at least one hundred (100) square feet for each ten thousand (10,000) square feet of floor area. The refuse storage area shall be suitably located and arranged for access and ease of collection and shall not be located farther than three hundred (300) feet from the entrance to any unit which it is intended to serve.

9.

Landscaping. A landscaping plan shall be submitted with each site plan application. The plan shall identify existing and proposed trees, shrubs, plant material, ground cover, and natural features. It shall show where they are or will be located and the planting details. The following principles shall be followed:

a.

All nonpaved areas on properties used for any purpose other than farming shall be suitably landscaped with trees, shrubs, grass, and other suitable landscaping materials.

b.

Landscaping shall be provided in public areas, recreation sites, and adjacent to buildings.

c.

Deciduous trees should have at least two and one-half inch caliper at planting and evergreen trees should be at least six feet tall. Shrubs should be at least two feet at planting.

d.

Street trees shall be planted at intervals depending on the type: large trees, 50-70 feet; medium trees, 40-50 feet; small and ornamental trees, 30-40 feet.

e.

Existing large trees shall be saved by not varying the grade around the trees by no more than six inches to twelve (12) inches construction of tree wells, and erecting protective fences.

f.

In parking lots, at least ten (10) percent of the parking area shall be landscaped. The landscaping should be located in protected areas, along walkways, center islands, and at the end of bays. One tree for each ten (10) stalls should be provided to create a canopy effect in the parking lot. An island shall be placed after every tenth stall.

g.

Wherever medial grass strips or other landscaped areas are proposed which will be visible to the general public within the development, the covenants and/or agreements of the maintenance of such areas by that association shall apply to the area.

10.

Buffers.

a.

Buffering shall be located, as specified below, on the site to minimize glare from headlights of vehicles, to minimize noise, to shield light from structures, to shield the movement of people and vehicles from adjacent property and to shield activities from adjacent properties. Buffers are fences, landscaping, berms, and mounds used to minimize any adverse impacts or nuisance on the site from adjacent areas. The applicant shall incorporate into its landscaping plan submitted with the site plan a buffer design plan which shall incorporate the following principles:

b.

Buffers shall be located along property and zone or use lines shielding various uses from each other. No parking or above surface structures shall be permitted in the buffer area.

c.

Buffer areas shall consist of lawn areas and massed evergreen and deciduous trees and shrubs planted in a manner that will provide a continuous visual screen throughout the entire year within a period of two growing seasons following the plantings of the buffer.

d.

Evergreen and deciduous shrubs shall have a minimum height of two feet when planted and shall be of suitable varieties. Evergreen trees shall have a minimum height of five feet when planted and of appropriate density for the use involved; be nursery stock, free of insects and disease.

e.

The height of shrubs planted in a buffer area shall be measured from the ground level around the base of shrub to the topmost part of the shrub, once the shrubs have been properly planted in the ground.

f.

Where an area required for a buffer is already wooded, it shall be left in its natural state, and existing growth shall be supplemented with additional plant material where necessary to bring the buffer area up to minimum requirements of this title.

g.

All parking areas, exclusive of ingress and egress drives, having a capacity of more than four vehicles, garbage collection areas, and loading and unloading areas, shall be screened from adjacent properties by a buffer strip at least fifteen (15) feet in width.

h.

Landscape mounds or berms are recommended for screening purposes in areas where existing vegetation is not sufficient or desirable. Such mounds shall be constructed with maximum slopes of 3:1 having a four-foot wide flat area at the top and be of adequate height for screening purposes. All such mounds shall be provided with maintenance free ground cover and suitable trees and shrubs to provide an irregular visual pattern. Free form mounds or berms are encouraged to further reduce visual impact and provide a natural appearance.

11.

Signs. Signs for project identification, traffic control, and direction shall be designed so as to be aesthetically pleasing, harmonious with other signs on the site, and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians. Each site plan application shall include a sign plan showing the specific design, location, size, construction and method of illumination.

12.

Street Furniture. The site plan shall provide for those elements of street furniture appropriate to the particular use. These are the functional elements of the environment and include benches, planting boxes, mail and meter boxes, lighting standards, directional signs, bollards (posts), fire hydrants, fences, and walls, water fountains and pools, drinking fountains, trash receptacles, bike racks, sculpture, paving and steps, and bus shelters. The street furniture plan shall include location, size, lighting, and design relationship.

13.

Environmental Considerations.

a.

All development shall be in conformity with the master plan and shall account for all relevant environmental factors as outlined in Monmouth County Natural Resource Inventory. Any proposal for development that would vary with the environmental review criteria as found within that study must be justified by appropriate soils documents, engineering information and other environmental data. Additional on-site investigation may be necessary and may be required as part of the submission to the reviewing board. Such additional information would include, but not be limited to, test borings for geologic factors, detailed topography (no less than two-foot contour intervals) and such other similar information as may be required by the review board.

b.

Building and other surface coverings should be limited to the extent possible, to the incorporation of increased building height up to the maximum permitted, the use of parking in or under buildings, reduction of excess pavement for roadways, the use of permeable surfaces for paving wherever possible and the utilization of open space areas for aquifer recharge. Nonpoint source pollutants should be handled by the use of drainage swales in combination with retention facilities in an attempt to reduce the amount of potential pollutants entering the aquifer. Such swales should be seeded with appropriate vegetative materials satisfactory to the review board to filter silt and other potential pollutants to the surface and underground water supply systems. Natural surface drainage structures should be utilized wherever possible. All applications must be submitted to the soils conservation service for review and recommendations. All such structures should be set back at least fifty (50) feet from any stream course or natural drainageway unless floodplain information indicates that there should be a further setback. Swamp and steep slope areas should not be developed but should be included as open space areas. All trees over six inches in caliper shall be shown on the development plans by the methods approved by the planning board.

(Prior code § 19-18.8)

A.

The Bed and Breakfast Residence shall be an existing residential structure originally constructed for single-family residential purposes and shall be of a Federal, Victorian, Colonial, Greek Revival, Georgian, Italianate, or Queen Anne architectural type. The conversion of such a residence to a bed and breakfast use in accordance with this title is intended to result in the preservation, maintenance and continuation of residential structures of the architectural type disclosed in this title; and therefore, for so long as any residential structure is used as a bed and breakfast residence pursuant to this title the residential exterior facade of the approved bed and breakfast residence shall not be altered except for repainting and normal repair and maintenance. Any proposed alteration to the exterior shall be limited to that which results in the preservation or enhancement of the qualifying architectural style of the building and shall only be undertaken after application to and approval by the Freehold planning board.

B.

Minimum lot requirements of the zone in which the bed and breakfast residence is located must be compiled with or, where applicable, the more restrictive provisions of this chapter; except for each pre-existing building front or side yard setback nonconformity, which nonconformity shall not be increased by the proposed use. Notwithstanding the above, however, there shall be a minimum lot frontage of fifty (50) feet on an adjoining street.

C.

One off-street parking space shall be provided for each nonresident employee and two spaces shall be provided for the own-er/occupant family. One off-street parking space shall be provided for each guest room. Parking shall be arranged so that no motor vehicle shall need to back out into a public street to exist the premises. Off-street parking areas shall be constructed to contain and dispose of all parking area drainage on site, or otherwise properly detain and dispose of the drainage in accordance with the requirements of the drainage standards contained in the borough ordinance or as permitted by the planning board. The off-street parking requirements can be met on-side or off-site by written lease agreements or easements for utilization of rear yard or existing off-street parking areas of continguous property, proof of which must be submitted to the planning board for review and acceptance.

D.

All off-street parking provided shall be a minimum of ten (10) feet from any property line, except where the lot width in the parking area is fifty-five (55) feet or less, in which event the parking area shall be a minimum of seven and one-half feet from any property line and shall be screened from view of the immediately adjoining residential property utilizing year round landscaping.

E.

Lighting shall be required for off-street parking areas and shall be consistent with the residential character of the neighborhood. Driveway and walkway lighting shall be down lighting not more than three feet high. Parking area lighting shall be colonial or victorian in appearance and not more than ten (10) feet high. Times of lighting operation shall be as determined by the planning board and shall include provision of movement or heat sensor controlled lighting for security and safety purposes. All lighting fixtures in parking areas, driveways and walkways shall be shielded to contain all light on the subject property, so as not to allow spill-over of light or glare to adjacent residential properties. The planning board shall consider the layout of the bed and breakfast applicant's site, the existing and proposed buffer to the bed and breakfast residence itself and/or other residential structures in the area, and the provisions of this title, in considering the adequacy of the exterior lighting plan proposed.

F.

All guest entrances shall be in the front or rear yard of the main building, unless the distance of a side entrance from the nearest property line exceeds fifteen (15) feet, in which case one guest entrance may be a side building entrance.

G.

Occupancy by any guest within the bed and breakfast residence shall be limited to fourteen (14) consecutive nights and not more than twenty-one (21) nights in any period of fifty (50) consecutive days.

H.

Signage for a proposed bed and breakfast residence shall comply with the requirements set forth by this title rather than the requirements of the Freehold Borough sign ordinance. The bed and breakfast residence may identify itself with either one free-standing sign in the front yard or one wall-mounted sign. In addition, there may be a sign at each entrance identifying that door as the entrance into the common areas of the facility. All signage shall be shown on the site plan submitted to the board and is subject to specific review and approval by the board.

The following sign rules and requirements shall apply to bed and breakfast residences:

a.

The free-standing sign shall be located in the front yard of the facility, provided that the sign is set back at least four feet from the building side of the sidewalk and does not interfere with the line of sight for any intersecting streets. It shall be constructed out of wood, sign foam or a similar material to look like wood. Lettering shall be carved or incised into the sign backer or precut lettering at least one-half inch thick attached to the sign backing. The maximum sign area shall be five square feet with a maximum vertical distance from the bottom of the sign to the ground of one foot and a maximum overall height of four feet. The sign may be indirectly lit with a maximum of two white external lights of an intensity not to exceed seventy-five (75) watts each, shielded and directed solely at the sign. The sign shall be supported by two four-inch by four-inch posts. The sign and structure colors shall conform to the coordinated colors listed in Appendix C of the Freehold Borough sign ordinance or shall be painted to match the colors of the bed and breakfast residence.

b.

The wall sign shall be attached to the facade of the structure and shall be no higher than the first floor entrance door. It shall be constructed out of wood, sign foam or a similar material to look like wood. Lettering shall be carved or incised into the sign backer or precut lettering at least one-half inch thick attached to the sign backing. The maximum size of the sign area shall be five square feet. The sign may be indirectly lit with a maximum of two white external lights of an intensity not to exceed seventy-five (75) watts each, shielded and directed solely at the sign. The sign and structure colors shall conform to the coordinated colors listed in Appendix C of the Freehold Borough sign ordinance or shall be painted to match the colors of the bed and breakfast residence.

c.

The entrance signs shall be painted on or attached to or adjacent to each door being used as the entrance into the common area of the facility. The sign area shall be no larger than four inches high by twelve (12) inches wide. The sign shall not be illuminated separately from the general illumination required for an entrance doorway.

9.

A common area must be provided for the exclusive use of the guests, and must be a minimum of twenty (20) square feet if less than six individual sleeping accommodations are provided, and a minimum of three hundred (300) square feet if six or more individual sleeping accommodations are provided. Common areas may include, but not be limited to, a combination of breakfast or dining rooms, parlors, sitting rooms, libraries, solariums, enclosed and heated porches or like facilities.

10.

A bed and breakfast residence shall obtain site plan approval from the planning board prior to commencing operation to verify compliance with the conditions of this title. The application for site plan approval shall include all information required by this title as well as such information from the site plan ordinance as the planning board shall determine is required.

11.

An applicant seeking site plan approval for a bed and breakfast residence shall also provide proof to the planning board of its compliance with the requirements of the Freehold Borough bed and breakfast residence license ordinance.

(Ord. 16/96 § 4: prior code § 19-18.9)

Convention and conference centers are permitted in the SRO specialty retail office district provided that the following conditions are met:

A.

The convention and conference center is associated with a hotel.

B.

Parking is provided at a rate of one parking space per three seats plus one space per employee on the peak shift.

C.

The minimum lot area is five acres.

(Ord. No. 2013/2, § 2, 4-15-13)

New automobile dealerships are permitted in the SRO specialty retail office district provided that the following conditions are met:

A.

The minimum lot area shall be five acres.

B.

The minimum lot frontage shall be three hundred (300) feet.

C.

The minimum lot depth shall be three hundred (300) feet.

D.

The maximum lot coverage by building shall be twenty (20) percent.

E.

The minimum open space shall be twenty-five (25) percent of the lot area.

F.

Used cars shall not be sold except as an accessory use to a new car dealer.

G.

There shall be a building in conjunction with the use which shall contain no less than fifteen thousand (15,000) square feet of usable floor area. At least twenty-five (25) percent of said floor area shall be devoted to new car display purposes.

H.

All outdoor display and service areas, including driveways and parking facilities shall be paved.

I.

Display lighting shall be shielded and shall be so located and maintained to avoid light spillage onto adjacent properties and so as not to constitute a hazard or nuisance to the public using the highway or to neighbors. In particular, so-called "string lights" shall not be permitted. The maximum lighting level shall not exceed thirty-five (35) fc (footcandles) for the front display row of for sale vehicles and shall not exceed five fc (footcandles) elsewhere on the property.

(Ord. No. 2013/2, § 2, 4-15-13)

Banks are permitted in the SRO specialty retail office district provided that the following conditions are met:

A.

The minimum lot area shall be one and one-half acres.

B.

The maximum lot coverage by building shall be twenty (20) percent.

C.

The minimum amount of open space shall be twenty-five (25) percent of the lot area.

(Ord. No. 2013/2, § 2, 4-15-13)

Pharmaceutical research facilities are permitted in the SRO specialty retail office district provided that the following conditions are met:

A.

The minimum lot area shall be five acres.

B.

The maximum lot coverage by building shall be thirty (30) percent.

C.

The minimum amount of open space shall be thirty (30) of the lot area.

D.

Parking shall be provided at the rate of one space per seven hundred fifty (750) square feet of gross floor area.

(Ord. No. 2013/2, § 2, 4-15-13)

Light assembly uses are permitted in the SRO specialty retail office district provided that the following conditions are met:

A.

The minimum lot area shall be five acres.

B.

The maximum lot coverage by building shall be twenty-five (25) percent.

C.

The minimum amount of open space shall be twenty-five (25) percent of the lot area.

D.

Parking shall be provided at the rate of one space per five hundred (500) square feet of gross floor area.

(Ord. No. 2013/2, § 2, 4-15-13)

Self-service public storage facilities are permitted in the SRO specialty retail office district provided that the following conditions are met:

A.

The minimum lot area shall be five acres.

B.

The maximum impervious lot coverage shall be seventy-five (75) percent.

C.

The minimum amount of open space shall be twenty-five (25) percent of the lot area.

D.

Parking shall be provided at the rate of one space per every fifty (50) storage units on site.

(Ord. No. 2013/2, § 2, 4-15-13)

Warehouse facilities shall be permitted in the SRO specialty retail office district provided that the following conditions are met:

A.

The minimum lot area shall be five acres.

B.

The maximum impervious lot coverage shall be seventy-five (75) percent.

C.

The minimum amount of open space shall be twenty-five (25) percent of the lot area.

D.

Parking shall be provided at the rate of one space per every five thousand (5,000) square feet of gross floor area.

(Ord. No. 2013/2, § 2, 4-15-13)

Grocery stores shall be permitted in the B-2, B-2A, b-2B, C-M, and SRO zones provided that the following conditions are met:

A.

Minimum lot size: ten thousand five hundred (10,500) square feet.

B.

Minimum parking required: one space per two hundred (200) square feet GFA in B-2 zone, one space per one hundred fifty (150) square feet elsewhere.

C.

Distance from residential zone or use: 200 feet.

(Ord. No. 2013/2, § 2, 4-15-13)