Freehold City Zoning Code

The purpose of this chapter is to encourage the redevelopment and full utilization of certain lands and existing industrial/manufacturing buildings within the borough, the use of which has been discontinued, through the employment of mixed use development, unique architectural treatments and innovative development approaches so as to incorporate portions of the existing structures into a cohesive blend of active residential and commercial uses.

(Prior code § 19-7A.1)

Unless otherwise expressly herein provided, all terms used in this chapter shall have the same meanings as set forth in Section 18.04.040.

A.

"Project" means any proposed development of mixed uses in an RCR zone pursuant to this chapter.

B.

"Project site" means the lot or lots upon which the project is intended to be developed.

(Prior code § 19-7A.2)

A.

Multiple-family dwellings containing dwelling units of all types, including apartments and townhouses, which are initially developed and marketed on a nonrental basis by the developer as "for-sale" dwelling units, evidenced by a public offering statement filed with the New Jersey Department of Community Affairs pursuant to the Planned Real Estate Development Full Disclosure Act (N.J.S.A. 45:22A-21) (the "P.O.S."); provided, however, that such restriction shall not continue to apply to dwelling units which are unable to be transferred on a "for-sale" basis ninety (90) days or more following the effective date of the P.O.S. (hereinafter referred to as "residential use");

B.

The following described commercial uses (hereinafter referred to as "commercial use"):

1.

Business, professional, administrative and executive offices,

2.

Any principal use permitted in the following districts:

a.

B-1 office commercial district (Section 18.36.020),

b.

B-2 General Commercial District (Section 18.44.020):

i.

Motels and hotels,

ii.

Restaurants and cocktail lounges,

iii.

Retail shopping malls,

iv.

Banks and financial institutions,

v.

Training institutes,

vi.

Research and scientific laboratories,

vii.

Television and radio studios,

viii.

Wholesale operations;

C.

Prior to the receipt by developer of final approval for a project in the RCR Zone, any use which is a permitted use in the C-M zone may be performed in the RCR zone.

(Prior code § 19-7A.3)

A.

Parking facilities;

B.

Loading facilities;

C.

Improved common areas including benches, tables, fountains, information booths, recreation facilities, waiting areas and similar facilities intended for the convenience of residents, guests, patrons and business invitees;

D.

Game rooms;

E.

Day care facilities;

F.

Swimming pool;

G.

Other customary uses and structures incidental to any permitted principal use.

(Prior code § 19-7A.4)

In order to achieve the intended purpose of the RCR zone, no minimum lot area or dimension or yard requirements shall be imposed and no maximum lot coverage or building density or floor area ratio requirements shall be imposed in an RCR zone. However, any project proposed to be developed in an RCR zone shall comply with each of the following regulations:

A.

Height Limitation. No building shall exceed seventy-five (75) feet in height.

B.

Parking Facilities. All parking facilities must be located off-street but may be provided in open or covered parking lots which may be located at, above or below grade and may be part of a principal building in the project or may be located on lots which are not part of the project site and which are reserved for use by the project.

C.

Parking Ratios. Each project shall provide parking spaces as follows:

1.

Off-street parking requirements for each dwelling unit in the project shall be as follows:

2.

Five parking spaces for each one thousand (1,000) square feet of floor area to be developed as commercial use in the project and located within an enclosed store or office leased or otherwise occupied or utilized, exclusively by the tenant or owner, excluding all hallways, stairwells, elevators, mechanical equipment and other similar common space used to serve more than one store or office.

D.

Parking Space Design. Each individual parking space shall be not less than nine feet in width and eighteen (18) feet in length with aisles having a width of not less than twenty-five (25) feet. Curb overhangs shall not be included in determining the length of a parking space.

E.

Required Commercial Use. Any project proposed for development in an RCR zone shall be of mixed use in design and character and shall contain space dedicated for commercial use with an area of the lesser of: (i) ten (10) percent of the gross habitable floor areas in all buildings comprising the project; or (ii) thirty thousand (30,000) square feet; provided, however, that a developer, at his or her option, may increase the amount of space in a project intended for commercial use.

F.

Trash Collection. Any project in an RCR zone shall provide for private contract garbage and trash collection services.

G.

Street Setback. All buildings in a project shall be set back a distance of four feet from the curb line of any existing public street so as to provide an area for pedestrian passage.

H.

Dwelling Units. No dwelling unit in a project shall contain: (i) less than six hundred (600) square feet of gross habitable floor area; nor (ii) more than four bedrooms.

I.

Signs. Signs in and for the project and its occupants shall be permitted as follows:

1.

One free-standing sign for each three hundred (300) feet of street frontage with a maximum area on each side of one hundred fifty (150) square feet.

2.

One facade sign per wall of building with a maximum area equal to ten (10) percent of the total area of the facade to which the sign is affixed.

3.

Directional signs and traffic control signs as needed to provide proper ingress, egress and traffic circulation.

4.

Other than the foregoing requirements which shall govern and control all signs for a project in an RCR zone, the design standards contained in the borough's sign ordinance shall apply.

J.

Street Lights. All street lights and lighting along pedestrian walkways and in parking areas shall be shaded and installed on ornamental standards with underground wiring. They shall be of a style and design compatible with street lighting standards developed and adopted by the borough.

K.

Historical Preservation. Consistent with the project plan, interesting or significant historical architectural features shall be preserved and incorporated into the design of the project.

L.

Drainage. Adequate provisions shall be made for the disposal of storm water drainage and runoff.

M.

TV Service. Provisions shall be made for master TV antenna or cable TV service and no individual antenna shall be permitted on the exterior of any building.

N.

Underground Utilities. All utility services within the territorial area of the project shall be underground.

O.

Exterior Maintenance. Adequate facilities shall be provided for the removal of snow and for general maintenance of the exterior of the project.

(Prior code § 19-7A.5)

Any project in an RCR zone shall be required to receive final site plan approval pursuant to Chapter 18.84 as a precondition to the issuance of a building permit. Any developer of a proposed project may, prior to making application for preliminary site plan approval, either: (a) apply to the planning board for approval of the project development plan; or (b) enter into a developer's agreement with the governing body of the borough. A project development plan shall show: (i) the boundaries of the project site; (ii) the general location of all principal buildings; (iii) the proposed areas within the buildings for residential use and commercial use; (iv) the locations of all proposed access drives; and (v) the general location of all proposed parking facilities. Each project development plan shall be accompanied by a schedule showing: (i) total building area; (ii) total area intended for residential use; (iii) total area intended for commercial use; and (iv) total number of parking spaces comprising the project. The approval of a project development plan by the planning board or a developer's agreement with the governing body of the borough shall confer upon the developer the following rights for a period of two years from the date of such approval or developer's agreement:

A.

That the use requirements as permitted by this chapter and the development requirements hereunder shall not be changed as to the project and the project site; and

B.

That the developer may submit an application for preliminary site plan approval for the project on or before the expiration date which substantially conforms to the approved project site plan.

(Prior code § 19-7A.6)

Upon the request therefor by the developer of a proposed project involving one hundred thousand (100,000) square feet or more of building space made in conjunction with applications for preliminary and/or final approval, the planning board may grant an enlarged initial protective period for preliminary approval under N.J.S.A. 409:55D-49 for up to six years.

(Prior code § 19-7A.7)

No minimum or maximum requirement appearing elsewhere in the section and pertaining to a residential use or commercial use shall be deemed to apply to any project in an RCR zone unless such requirement is specifically incorporated in this chapter.

(Prior code § 19-7A.8)

The requirements of Chapter 17.16, shall not apply to a project in an RCR zone.

(Prior code § 19-7A.9)

A separate certificate of occupancy shall be required to be issued for each residential dwelling unit and for each area of contiguous commercial use comprising the project.

(Prior code § 19-7A.10)