Red Bank, NJ Zoning Ordinance

Red Bank City Zoning Code

ARTICLE X

Zoning

§ 490-134 Zoning Map; interpretation of district boundaries.

[Amended by Ord. No. 1999-36; Ord. No. 2003-41; Ord. No. 2004-12]

Official Zoning Map.[1]

(1)

The locations and boundaries of the zoning districts of the Borough are hereby established as shown on the Official Zoning Map of the Borough of Red Bank, New Jersey, which is attached hereto and is hereby made a part of this chapter, together with all notations, references and designations shown thereon. This map was prepared by Laura Neumann, P.E., P.P., CME Consulting & Municipal Engineers, and last revised August 29, 2017. This map replaces the map prepared by Christine Ballard, P.E., P.P., T&M Consulting Engineers, last revised February 4, 2010.

[Amended 2-22-2010 by Ord. No. 2010-6; 10-11-2017 by Ord. No. 2017-31]

(2)

Authentication of Official Zoning Map. Subsequent to the adoption of this chapter, the original copy of the Official Zoning Map shall be authenticated by the Mayor's signature, and the Seal of the municipality, attested by the Borough Clerk, under the following certificate:

"I certify that this is the Official Zoning Map of the Borough of Red Bank, New Jersey, referred to in the Code of the Borough of Red Bank, New Jersey."

(3)

Maintenance of the Official Zoning Map. Said original copy of the Official Zoning Map shall be maintained in the office of the Borough Clerk and shall be made available for public reference. Copies of all or a part of the Official Zoning Map may be reproduced for public distribution. However, the original copy of the Official Zoning Map maintained in the office of the Borough Clerk shall be the final authority as to the current status of zoning districts in the Borough of Red Bank.

(4)

Changes to the Official Zoning Map.

(a)

When, in accordance with the provisions of this chapter and of state law, changes are made in district boundaries or other matters portrayed in the Official Zoning Map, such changes will not become effective until the Official Zoning Map has been amended, with an entry bearing an additional notation explaining the most recent change thereto, such as:

[Amended 2-22-2010 by Ord. No. 2010-6; 10-11-2017 by Ord. No. 2017-31]

	"On June 9, 2009, by Ordinance No. 2009-19, and on September 28, 2009, by Ordinance No. 2009-39, the governing body made the following changes in the Official Zoning Map:
	Addition of the Washington Street Historic District and addition of the Train Station Overlay Zone."

(b)

Each such entry shall be signed by the Mayor and attested by the Borough Clerk. Each ordinance amending the Official Zoning Map in any manner shall include the provision that it shall not take effect until the Official Zoning Map has been amended in accordance with these provisions.

(c)

No changes of any nature shall be made to the Official Zoning Map except in conformity with the above procedure. Any unauthorized changes to the map or its contents by any person or persons shall be considered a violation of this chapter.

[1]

Editor's Note: The Zoning Map is included as an attachment to this chapter.

Interpretation of district boundaries.

(1)

Zone district boundaries are intended to follow street, lot or property lines, or other natural lines such as the center line of watercourses, ditches or lagoons, unless such district or zone boundaries are fixed by dimension on the Zoning Map or by description and shall include contiguous riparian lands subsequently acquired and/or filled and lands acquired by accretion or stream diversion by natural causes.

(2)

In constructing the Official Zoning Map, the following rules shall apply:

(a)

Boundaries indicated as following the center lines of streets, highways or alleys or streams, rivers or other bodies of water shall be construed to follow such center lines.

(b)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(c)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(d)

Boundaries indicated as parallel to or extensions of features indicated in Subsection B(2)(a) through (c) above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the use of the scale appearing thereon.

(e)

Where a zone district boundary fixed by dimensions approximately follows and is not more than 20 feet distant from a lot line, such lot line shall be construed to be the zone boundary.

§ 490-135 Description of districts.

[Amended by Ord. No. 1998-4; Ord. No. 1998-33; Ord. No. 2003-41]

The Borough of Red Bank is hereby divided into districts as follows:

[Amended 11-13-2006 by Ord. No. 2006-53; 6-9-2009 by Ord. No. 2009-18; 9-28-2009 by Ord. No. 2009-39; 9-28-2009 by Ord. No. 2009-46; 11-21-2016 by Ord. No. 2016-23; 12-14-2016 by Ord. No. 2016-25; 9-27-2017 by Ord. No. 2017-33]

Name of Zone District	Map Designation	Regulations in Section
Class A Residence	RA	§ 490-137
Class B Residence	RB	§ 490-138
Class B-1 Residence	R-B1	§ 490-139
Class B-2 Residence	R-B2	§ 490-140
Class D Residence	RD	§ 490-141
Neighborhood Business	NB	§ 490-142
Business/Residential-1	BR-1	§ 490-146
Business/Residential-2	BR-2	§ 490-151
Highway Business	HB	§ 490-143
Central Commercial District-1	CCD-1	§ 490-144
Central Commercial District-2	CCD-2	§ 490-145
Professional Office	PO	§ 490-147
Waterfront Development	WD	§ 490-148
Medical Service	MS	§ 490-149
Light Industrial	LI	§ 490-150
Industrial	I	§ 490-150
Affordable Housing Overlay Zone	AH	§ 490-152
Affordable Housing Overlay Zone One	AH-1	§ 490-153
Design District Overlay Zone	DDO	§ 490-55
Train Station Overlay	TS	§ 490-154
55 West Front Street Redevelopment Area		See Ord. No. 2016-23

The regulations set forth in this chapter for each district shall be minimum regulations and shall apply uniformly to each class of structure or land within the district, except as hereinafter provided.

No structure shall hereafter be erected and no existing structure shall be moved, altered, added to or enlarged, nor shall any land or building or portion of a building be used, designed, or arranged to be used for any purpose unless in conformity with all of the regulations herein specified for the district in which it is located.

Every main structure shall be located on a lot as defined in this chapter. Except for planned development groups complying with all the regulations applying thereto as prescribed by this chapter, no more than one single- or two-family dwelling building and its accessory buildings shall hereafter be erected on any one lot.

No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter.

§ 490-136 Use regulations.

[Amended by Ord. No. 1996-6; Ord. No. 1997-6; Ord. No. 1997-12; Ord. No. 2003-41]

Any use not specifically listed as a permitted use, an accessory use or a conditional use shall be deemed a prohibited use. This prohibition shall be liberally construed as protective of the zoning scheme, and any doubt shall be resolved in interpreting the doubtful use as prohibited.

Mixed-use developments, which combine those uses that are permitted individually in a particular zone district in a single development, are permitted subject to:

(1)

The greatest or most restrictive area, yard and structure requirements, as set forth for any individual use, shall apply to the reused use development.

(2)

All design standards, particularly the provisions of § 490-98P of this chapter, shall apply.

(3)

These combinations of uses are not permitted [and will require Zoning Board of Adjustment approval pursuant to § 490-8K(1)(d) of this chapter]:

(a)

Uses permitted only in the Industrial (I) Zone with any other use.

(b)

Mortuary and funeral homes with any other use.

(c)

Except in the Train Station Overlay Zone described in § 490-154 of this chapter, detached or single-family dwellings or detached two-family dwellings with any nonresidential use.

[Amended 8-24-2009 by Ord. No. 2009-29]

(d)

Except in the Train Station Overlay Zone described in § 490-154 of this chapter, multifamily dwellings with:

[Amended 8-24-2009 by Ord. No. 2009-29]

[1]

Primary food-service establishments.

[2]

Banks and financial institutions offering drive-up service.

[3]

Primary liquor-service establishments.

§ 490-137 RA Residential Zone District.

[Amended by Ord. No. 1996-6; Ord. No. 1998-27; Ord. No. 1999-6]

Permitted uses:

(1)

Detached single-family dwellings.

(2)

Essential services.

Required accessory uses:

(1)

Off-street parking, subject to the provisions of § 490-98 of this chapter.

Permitted accessory uses:

(1)

Fences and hedges, subject to the provisions of § 490-91 of this chapter.

(2)

Private garage space for the storage of motor vehicles, provided that said garage, whether attached or detached, shall be arranged to open to the side or rear of the lot, unless detached and located entirely to the rear of the principal building.

(3)

Minor and Type A signs, subject to the provisions of § 490-104 of this chapter.

(4)

Swimming pools, subject also to Chapter XIV, Swimming Pools, of the 1987 Revised General Ordinances of the Borough of Red Bank and § 490-99 of this chapter.

(5)

Other customary residential accessory uses and buildings, subject to § 490-35 of this chapter, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory building or use shall be located at the same lot as the principal building.

(6)

Personal earth terminals, subject to the provisions of § 490-114 of this chapter.

Conditional uses, subject to the provisions of Article IX of this chapter:

(1)

Churches and places of worship.

(2)

Educational uses.

(3)

Public and quasi-public recreation areas.

(4)

Nursery schools.

(5)

Public utilities.

Area, yard and structure requirements:

(1)

Minimum lot area:

(a)

Six thousand five hundred square feet.

(b)

For lots abutting the Navesink River: 40,000 square feet.

[Added 4-23-2007 by Ord. No. 2007-15]

(2)

Minimum lot frontage: 75 feet.

(3)

Minimum front setback: 30 feet, except in no case shall any structure be less than 40 feet from the center line of the street.

(4)

Minimum rear yard setback:

(a)

Principal structure: 25 feet.

(b)

Accessory structure: eight feet.

(5)

Minimum side yard setback:

(a)

Principal structure: 12 feet, except that the combination of both side yards must be at least 30 feet.

(b)

Accessory structure: eight feet.

(c)

Notwithstanding the foregoing requirements, air-conditioning units may be no closer than three feet to any lot line, provided that all screening and noise-reduction requirements are met. (See also § 490-101, Screening of equipment or machinery, and § 490-54, regarding noise standards.)

[Added 8-24-2009 by Ord. No. 2009-31]

(d)

Notwithstanding the foregoing requirements, standby generators must be enclosed by a sound-attenuated weatherproof box or cabinet and shall be no closer than three feet to any lot line, provided that all screening and noise-reduction requirements are met. Standby generators shall conform to the Uniform Construction Code Standards. (See also § 490-101, Screening of equipment or machinery, and § 490-54, regarding noise standards.)

[Added 12-5-2012 by Ord. No. 2012-20]

(6)

Maximum structure height: 35 feet and not exceeding 2 1/2 stories.

(7)

Minimum gross habitable floor area:

(a)

One-story: 1,500 square feet.

(b)

Two-story: 1,500 square feet with at least 800 square feet of ground floor area.

(8)

Maximum lot coverage of principal and accessory structures: 35%.

Special requirements.

(1)

All applications for development in this zone on properties abutting or contiguous with the Navesink River and which require submission of a major site plan will be accompanied by an environmental impact report (EIR) as provided for in § 490-90 of this chapter.

(2)

All applications for development in this zone on properties abutting or contiguous with the Navesink River and which require submission of a major or minor site plan or major subdivision will include maximum practical provisions for public access to the Navesink River. Unless waived by the municipal agency, these provisions will include:

(a)

An access easement of 25 feet minimum width along all river frontage; and

(b)

Appropriate provisions for passive enjoyment of river views by residents and the general public.

(3)

Major subdivisions are subject to the cluster (reduced lot site) development provisions pursuant to § 490-56 of this chapter.

§ 490-138 RB Residential Zone District.

[Amended by Ord. No. 1996-6; Ord. No. 1998-27]

Permitted uses:

(1)

Detached single-family dwellings.

(2)

Essential services.

Required accessory uses:

(1)

Off-street parking, subject to the provisions of § 490-98 of this chapter.

Permitted accessory uses:

(1)

Fences and hedges, subject to the provisions of § 490-91 of this chapter.

(2)

Private garage space for the storage of motor vehicles, provided that said garage, whether attached or detached, shall be arranged to open to the side or rear of the lot unless detached and located entirely to the rear of the principal building.

(3)

Minor and Type A signs, subject to the provisions of § 490-104 of this chapter.

(4)

Swimming pools, subject also to Chapter XIV, Swimming Pools, of the 1987 Revised General Ordinances of the Borough of Red Bank and § 490-99 of this chapter.

(5)

(6)

Personal earth terminals, subject to the provisions of § 490-114 of this chapter.

Conditional uses, subject to the provisions of Article IX of this chapter:

(1)

Churches and places of worship.

(2)

Educational uses.

(3)

Public and quasi-public recreation uses.

(4)

Nursery schools.

(5)

Public utilities.

Area, yard and structure requirements:

(1)

Minimum lot area: 3,500 square feet.

(2)

Minimum lot frontage: 50 feet.

(3)

Minimum front setback: 30 feet, except in no case shall any structure be less than 40 feet from the center line of a street.

(4)

Minimum rear yard setback:

(a)

Principal structure: 25 feet.

(b)

Accessory structure: eight feet.

(5)

Minimum side yard setback:

(a)

Principal structure: 10 feet, except that the combination of both side yards must be at least 20 feet.

(b)

Accessory structure: five feet.

(c)

[Added 8-24-2009 by Ord. No. 2009-31]

(d)

[Added 12-5-2012 by Ord. No. 2012-20]

(6)

Maximum structure height: 35 feet and not exceeding 2 1/2 stories.

(7)

Minimum gross habitable floor area:

(a)

One-story: 900 square feet.

(b)

Two-story: 1,000 square feet with at least 700 square feet of ground floor area.

(8)

Maximum lot coverage of principal and accessory structures: 40%.

§ 490-139 R-B1 Residential Zone District.

[Amended by Ord. No. 1996-6; Ord. No. 1998-27]

Permitted uses:

(1)

Detached single-family dwellings.[1]

[1]

Editor's Note: Original § 25-10.6a2, Attached single-family dwellings, which immediately followed this subsection, was repealed 4-23-2007 by Ord. No. 2007-15.

(2)

Essential services.

Required accessory uses:

(1)

Off-street parking, subject to the provisions of § 490-98 of this chapter.

Permitted accessory uses:

(1)

Fences and hedges, subject to the provisions of § 490-91 of this chapter.

(2)

Private garage space for the storage of motor vehicles, provided that, for detached single-family dwellings, said garage, whether attached or detached, shall be arranged to open to the side or rear of the lot, unless detached and located entirely to the rear of the principal building.

(3)

Minor and Type A signs, subject to the provisions of § 490-104 of this chapter.

(4)

Swimming pools, subject also to Chapter XIV, Swimming Pools, of the 1987 Revised General Ordinances of the Borough of Red Bank and § 490-99 of this chapter.

(5)

(6)

Personal earth terminals, subject to the provisions of § 490-114 of this chapter.

Conditional uses, subject to the provisions of Article IX of this chapter:

(1)

Churches and places of worship.

(2)

Educational uses.

(3)

Public and quasi-public recreational uses.

(4)

Nursery schools.

(5)

Public utilities.

Area, yard and structure requirements:

(1)

Minimum lot area: 4,500 square feet.

[Amended 5-29-2007 by Ord. No. 2007-25]

(2)

Minimum lot frontage: 50 feet.

[Amended 5-29-2007 by Ord. No. 2007-25]

(3)

Minimum front setback: 30 feet, except in no case shall any structure be less than 40 feet from the center line of a street.

(4)

Minimum rear yard setback:

(a)

Principal structure: 25 feet, except if the lot abuts the Navesink River, 50 feet from the flood hazard area.

(b)

Accessory structure: eight feet, except if the lot abuts the Navesink River, 20 feet from the flood hazard area.

(5)

Minimum side yard setback:

[Amended 5-29-2007 by Ord. No. 2007-25]

(a)

Principal structure: 10 feet, except that the combination of both side yards must be at least 20 feet.

(b)

Accessory structure: five feet.

(c)

[Added 8-24-2009 by Ord. No. 2009-31]

(d)

[Added 12-5-2012 by Ord. No. 2012-20]

(6)

Maximum structure height: 35 feet and not to exceed 2 1/2 stories.

(7)

Minimum gross floor area:

(a)

One-story: 900 square feet.

(b)

Two-story: 1,000 square feet with at least 700 square feet of ground floor area.[2]

[2]

Editor's Note: Original § 25-10.6e8, Maximum lot coverage of principal and accessory structures, which immediately followed this subsection, was repealed 5-29-2007 by Ord. No. 2007-25.

Special requirements.

(1)

All applications for development in this zone on properties abutting or contiguous with the Navesink River and which require submission of a major site plan or major subdivision will be accomplished by an environmental impact report (EIR) as provided for in § 490-90 of this chapter.

(2)

All applications for development in this zone on properties abutting or contiguous to the Navesink River and which require submission of a major site plan or major subdivision will include maximum practical provisions for public access to the Navesink River. Unless waived by the municipal agency, these provisions will include:

(a)

An access easement of 25 feet minimum width along all river frontage; and

(b)

Appropriate provisions for passive enjoyment of river views by residents and the general public.[3]

[3]

Editor's Note: Original § 25-10.6f3, regarding attached single-family dwellings, which immediately followed this subsection, was repealed 5-29-2007 by Ord. No. 2007-25.

§ 490-140 R-B2 Residential Zone District.

[Amended by Ord. No. 1996-6; Ord. No. 1998-27]

Permitted uses:

(1)

Detached single-family dwellings.

(2)

Detached two-family dwellings.

(3)

Essential services.

Required accessory uses:

(1)

Off-street parking, subject to the provisions of § 490-98 of this chapter.

Permitted accessory uses:

(1)

Fences and hedges, subject to the provisions of § 490-91 of this chapter.

(2)

(3)

Minor and Type A signs, subject to the provisions of § 490-104 of this chapter.

(4)

Swimming pools, subject also to Chapter XIV, Swimming Pools, of the 1987 Revised General Ordinances of the Borough of Red Bank and § 490-99 of this chapter.

(5)

Other customary residential accessory uses and structures, subject to § 490-35 of this chapter, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory building or use shall be located at the same lot as the principal structure.

(6)

Personal earth terminals, subject to the provisions of § 490-114 of this chapter.

Conditional uses, subject to the provisions of Article IX of this chapter:

(1)

Churches and places of worship.

(2)

Educational uses.

(3)

Public and quasi-public recreational areas.

(4)

Nursery schools.

(5)

Public utilities.

Area, yard and structure requirements:

(1)

Minimum lot area:

(a)

Single-family: 3,500 square feet.

(b)

Two-family: 7,000 square feet.

(2)

Minimum lot frontage:

(a)

Single-family: 50 feet.

(b)

Two-family: 75 feet.

(3)

Minimum front yard setback: 30 feet, except in no case shall any structure be less than 40 feet from the center line of a street.

(4)

Minimum rear yard setback:

(a)

Principal structure: 25 feet.

(b)

Accessory structure: eight feet.

(5)

Minimum side yard setback:

(a)

Single-family:

[1]

Principal structure: 10 feet, except that the combination of both side yards must be at least 20 feet.

[2]

Accessory structure: five feet.

[3]

[Added 8-24-2009 by Ord. No. 2009-31]

[4]

[Added 12-5-2012 by Ord. No. 2012-20]

(b)

Two-family:

[1]

Principal structure: 10 feet, except that the combination of both side yards must be at least 25 feet.

[2]

Accessory structure: five feet.

[3]

[Added 8-24-2009 by Ord. No. 2009-31]

[4]

[Added 12-5-2012 by Ord. No. 2012-20]

(6)

Maximum structure height: 35 feet and not exceeding 2 1/2 stories.

(7)

Minimum gross habitable floor area:

(a)

Single-family:

[1]

One-story: 900 square feet.

[2]

Two-story: 1,000 square feet with at least 700 square feet of ground floor area.

(b)

Two-family:

[1]

One-story: 1,300 square feet.

[2]

Two-story: 1,400 square feet with at least 800 square feet of ground floor area.

(8)

Maximum lot coverage of principal and accessory structures: 40%.

Special requirements.

[Added 7-25-2012 by Ord. No. 2012-16]

(1)

(2)

All applications for developments in this zone on properties abutting or contiguous with the Navesink River and which require submission of a major or minor site plan or major subdivision will include maximum practical provisions for public access to the Navesink River. Unless waived by the municipal agency, these provisions will include:

(a)

An access easement of 25 feet minimum width along with all river frontage; and

(b)

Appropriate provisions for passive enjoyment of river views by residents and the general public.

§ 490-141 RD Residential District.

[Amended by Ord. No. 1996-6; Ord. No. 1998-4; Ord. No. 1998-33; Ord. No. 2001-23]

Permitted uses:

(1)

Detached single-family dwellings.[1]

[1]

Editor's Note: Original § 25-10.8a2, Attached single-family dwellings, which immediately followed this subsection, was repealed 4-23-2007 by Ord. No. 2007-15.

(2)

Detached two-family dwellings.

(3)

Multifamily dwellings known as "garden apartments" or "apartment houses" at a density not to exceed 15 dwelling units per acre, except that properties fronting on the river, not to exceed six units per acre, and all properties on the river are to comply with the open space recreation requirements of § 490-96 of this chapter, which area is to be dedicated as an open space easement. To determine the number of dwelling units permitted on a tract, the total acreage of the tract shall be multiplied by either 15 or six, whichever number is applicable. Any fraction greater than 0.50 shall be rounded up. This number shall be the maximum number of units allowed on the tract.

(4)

Multifamily dwellings known as "townhouses" at density not to exceed 12 dwelling units per acre, except that properties fronting on the river shall not exceed six dwelling units per acre and are to comply with the open space recreation requirements of § 490-96 of this chapter, which area shall be designated as an open space easement. To determine the number of dwelling units permitted on a tract, the total acreage of the tract shall be multiplied by either 12 or six, whichever number is applicable. Any fraction greater than 0.50 shall be rounded up. This number shall be the maximum number of units allowed on the tract.

(5)

Essential services and public utilities.

Required accessory uses:

(1)

Off-street parking, subject to the provision of § 490-98 of this chapter.

Permitted accessory uses:

(1)

Fences and hedges, subject to the provisions of § 490-91 of this chapter.

(2)

[Amended 5-29-2007 by Ord. No. 2007-25]

(3)

Signs, subject to the provisions of § 490-104 of this chapter as follows:

(a)

For multifamily dwellings: minor and Type A signs and one Type G3 or G4 sign.

[Amended 5-29-2007 by Ord. No. 2007-25]

(b)

For other permitted uses: minor and Type A signs.

(4)

Swimming pools, subject also to Chapter XIV, Swimming Pools, of the 1987 Revised General Ordinances of the Borough of Red Bank and § 490-99 of this chapter.

(5)

Other customary residential accessory uses and structures, subject to § 490-35 of this chapter, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business; any such accessory building or use shall be located at the same lot as the principal structure.

(6)

Personal earth terminals, subject to provisions of § 490-114 of this chapter.

Conditional uses, subject to the provisions of Article IX of this chapter:

(1)

Churches and places of worship.

(2)

Educational uses.

(3)

Public and quasi-public recreation areas.

(4)

Nursery schools.

(5)

Public utilities.

Area, yard and structure requirements:

(1)

Minimum lot area:

(a)

Detached single-family: 3,500 square feet, except, for lots fronting on the river, 5,000 square feet.

[Amended 4-23-2007 by Ord. No. 2007-15[2]]

[2]

Editor's Note: This ordinance also repealed original § 25-10.8e1(b), regarding attached single-family dwellings, which immediately followed this subsection.

(b)

Two-family: 7,000 square feet.

(c)

Garden apartments: 120,000 square feet.

(d)

Townhouses: 120,000 square feet.

(2)

Minimum lot frontage:

(a)

Detached single-family: 50 feet.[3]

[3]

Editor's Note: Original § 25-10.8e2(b), regarding attached single-family dwellings, which immediately followed this subsection, was repealed 5-29-2007 by Ord. No. 2007-25.

(b)

Two-family: 60 feet.

(c)

Garden apartments: 250 feet.

(d)

Townhouses: 250 feet.

(3)

Minimum front yard setback: 30 feet, except in no case shall any building be less than 40 feet from the center line of a street.

(4)

Minimum rear yard setback:

(a)

Principal structure: 25 feet.

(b)

Accessory structure: eight feet.

(5)

Minimum side yard setback:

(a)

Principal structure:

[1]

Detached single-family: four feet, except that the combination of both side yards must be at least 15 feet; except that, for properties with river frontage, 10 feet, and the combination of both side yards must be at least 20 feet. However, air-conditioning units may be no closer than three feet to any lot line, provided that all screening and noise-reduction requirements are met. (See also § 490-101, Screening of equipment or machinery, and § 490-54, regarding noise standards.)[4]

[Amended 8-24-2009 by Ord. No. 2009-31]

[4]

Editor's Note: Original § 25-10.8e5(a)(2), regarding attached single-family dwellings, which immediately followed this subsection, was repealed 5-29-2007 by Ord. No. 2007-25.

[2]

Two-family: 7.5 feet, except that the combination of both side yards must be at least 20 feet. However, air-conditioning units may be no closer than three feet to any lot line, provided that all screening and noise-reduction requirements are met. (See also § 490-101, Screening of equipment or machinery, and § 490-54, regarding noise standards.)

[Amended 8-24-2009 by Ord. No. 2009-31]

[3]

Garden apartments and apartment houses: 20 feet.

[4]

Townhouses: 15 feet.

(b)

Accessory structures:

[1]

Detached single-family: four feet.

[Amended 5-29-2007 by Ord. No. 2007-25]

[2]

All other uses: eight feet.

(6)

Maximum structure height: 35 feet and not exceeding 2 1/2 stories.

(7)

Minimum gross habitable floor area:

(a)

Detached single-family:

[Amended 5-29-2007 by Ord. No. 2007-25]

[1]

One-story: 800 square feet.

[2]

Two-story: 1,300 square feet.

(b)

Two-family:

[1]

One-story: 1,300 square feet.

[2]

Two-story: 1,400 square feet with at least 800 square feet of ground floor area.

(c)

Garden apartments and apartment houses: 1,000 square feet per unit with at least 500 square feet per unit of ground floor area.

(d)

Townhouses: 1,000 square feet per unit with at least 700 square feet per unit of ground floor area.

(8)

Maximum lot coverage of principal and accessory structures:

(a)

Detached single-family: 40%.[5]

[5]

Editor's Note: Original § 25-10.8e8(b), regarding attached single-family dwellings, which immediately followed this subsection, was repealed 5-29-2007 by Ord. No. 2007-25.

(b)

Two-family: 40%.

(c)

Garden apartment and apartment houses: 30%.

(d)

Townhouses: 35%.

(9)

Minimum unoccupied open space:

(a)

Detached single-family: no requirements.

[Amended 5-29-2007 by Ord. No. 2007-25]

(b)

Two-family: no requirements.

(c)

Garden apartment and apartment houses: 25%.

(d)

Townhouses: 20%.

Special requirements.

(1)

All applications for development in this zone on properties abutting or contiguous with the Navesink River and which require submission of a major site plan or major subdivision will be accompanied by an environmental impact report (EIR) as provided for in § 490-90 of this chapter.

[Amended 5-29-2007 by Ord. No. 2007-25]

(2)

(a)

An access easement of 25 feet minimum width along all river frontage;

(b)

Appropriate provisions for passive enjoyment of river views by residents and the general public; and

(c)

An open space easement for public access use.[6]

[6]

Editor's Note: Original § 25-10.8f3, regarding attached single-family dwellings, which immediately followed this subsection, was repealed 5-29-2007 by Ord. No. 2007-25.

§ 490-142 NB Neighborhood Business District.

[Amended by Ord. No. 1988-21; Ord. No. 1994-3; Ord. No. 1996-6; Ord. No. 1998-33; Ord. No. 2004-11; Ord. No. 2004-16; Ord. No. 2005-47]

Permitted uses:

(1)

Professional office.

(2)

Business office.

(3)

Retail commercial not exceeding 2,000 square feet of ground floor area, except the following are not permitted:

(a)

Thrift stores, secondhand stores, pawn and consignment shops.

(b)

Shops which offer for sale firearms and/or ammunition.

(4)

Personal service establishments, except:

(a)

Massage establishments.

(b)

(Reserved)[1]

[1]

Editor’s Note: Former Subsection A(4)(b), which prohibited tattoo parlors and stores whose primary function is body piercing, was repealed 10-10-2018 by Ord. No. 2018-24.

(c)

Tarot, palm readers, psychics.

(5)

Primary food-service establishment.[2]

[2]

Editor's Note: Original § 25-10.9a6, which listed a fast-food-service establishment as a permitted use, which immediately followed this subsection, was repealed 11-22-2011 by Ord. No. 2011-20.

(6)

Primary liquor-service establishment.

(7)

Printing, publishing or bookbinding.

(8)

Government offices, including federal, state, county or municipal buildings and grounds, but excluding schools.[3]

[3]

Editor's Note: Original § 25-10.9a10, which listed lodges, clubs and fraternal organizations as permitted uses, which immediately followed this subsection, was repealed 8-24-2009 by Ord. No. 2009-34.

(9)

Dwelling apartment uses on floors above the street-level floor; provided, however, that there shall not be more than two such dwelling apartments on each floor or more than a total of four such dwelling apartments in any building. Each dwelling apartment shall have a minimum of 600 square feet of habitable floor area and shall have no more than two bedrooms.

(10)

Essential services.

(11)

Commercial recreational uses.

[Added 11-7-2018 by Ord. No. 2018-30]

Required accessory uses:

(1)

[Amended 8-24-2009 by Ord. No. 2009-36; 4-12-2017 by Ord. No. 2017-13]

(2)

Off-street loading with enclosed storage structures.

(3)

Buffers and screening, subject to the requirements of § 490-81 of this chapter.

Permitted accessory uses:

(1)

Fences and hedges, subject to the provisions of § 490-91 of this chapter.

(2)

Off-street loading with enclosed storage structures.

(3)

Signs, subject to the provisions of § 490-104 of this chapter, as follows:

(a)

Minor and Type A and B signs.

(b)

One from Types W3 and P1 for each occupancy with direct exterior access.

(c)

Types W2 and W3.

Conditional uses, subject to the provisions of Article IX of this chapter:

(1)

Churches and places of worship.

(2)

Educational uses.

(3)

Public and quasi-public recreation areas.

(4)

Public utilities.

(5)

(Reserved)[4]

[4]

Editor’s Note: Former Subsection D(5), listing motor vehicle service stations as a conditional use, was repealed 6-19-2019 by Ord. No. 2019-24. Former Subsection D(6), listing motor vehicle repair garages as a conditional use, which immediately followed, was repealed 9-25-2019 by Ord. No. 2019-61.

Area, yard and structure requirements:

(1)

Minimum lot area: no requirements.

(2)

Minimum lot frontage: 50 feet.

(3)

Minimum front setback: no requirements, except in no case shall any structure be less than 40 feet from the center line of a street, unless it is in alignment of the adjacent setbacks.

(4)

Minimum rear yard setback: 25 feet.

(5)

Minimum side yard setback: no requirements, except, if abutting a residential zone district or existing residential use, 10 feet.

(6)

Maximum structure height: 35 feet and not exceeding 2 1/2 stories.

(7)

Maximum lot coverage of principal and accessory structures: 60%.

(8)

Minimum unoccupied open space: 15%.

(9)

Maximum floor area ratio (FAR): 1.75.

§ 490-143 HB Highway Business Zone District.

[Amended by Ord. No. 1988-21; Ord. No. 1991-14; Ord. No. 1992-7; Ord. No. 1996-6; Ord. No. 1997-22; Ord. No. 1998-33; Ord. No. 2004-21]

Permitted uses:

(1)

Professional office.

(2)

Business office.

(3)

Retail commercial uses.

(4)

Personal service uses.

(5)

Banks, trust companies and deposit institutions.

(6)

Primary food-service establishments.

(7)

Fast-food-service establishments (pedestrians or automobile oriented).

(8)

Theaters, auditoriums and exhibit halls.

(9)

Nightclubs, adult oriented businesses, and lounges, limited to that portion of the Highway Business Zone District located along Newman Springs Road and bounded on both the east and west by the rights-of-way of the Consolidated Rail Corporation, and further provided that the site does not abut residential property.

[Amended 12-19-2012 by Ord. No. 2012-21]

(10)

Motor vehicle sales and leasing agencies.

(11)

Motor vehicle diagnostic and service facilities.

(12)

Motor vehicle washing facilities.

(13)

Hotels and motels.

(14)

Mortuary and funeral homes.

(15)

Government offices, including federal, state, county or municipal buildings and grounds, but excluding schools.

(16)

Lodges, clubs and fraternal organizations.

(17)

Essential services.

(18)

Commercial recreational uses.

[Added 11-7-2018 by Ord. No. 2018-30]

(19)

Motor vehicle service stations. May be in combination with retail commercial uses, fast food service establishments and/or motor vehicle washing facilities. In aggregate, the retail commercial uses, food service establishments and motor vehicle washing facilities must be under 3,000 in gross square footage for them to be permitted uses. Motor vehicle service stations shall be subject to the following additional requirements.

[Added 9-25-2019 by Ord. No. 2019-60]

(a)

Minimum fueling equipment setback of 25 feet from all lot lines.

(b)

All fuel tanks to be underground.

(c)

No outside display or storage of accessory goods such as water, oil and antifreeze.

(d)

Generators required that can service the entire site in the event of a power outage.

(e)

At least one electric vehicle charging station shall be provided.

(f)

No drive-up facilities are permitted for fast food service establishments or non-service station retail establishments.

(20)

Cannabis delivery services.

[Added 8-18-2021 by Ord. No. 2021-17]

Required accessory uses:

(1)

Off-street parking, subject to the provisions of § 490-98 of this chapter.

(2)

Off-street loading, subject to the provisions of § 490-97 of this chapter.

(3)

Buffers and screening, subject to the provisions of § 490-81 of this chapter.

[Amended 12-5-2012 by Ord. No. 2012-23]

(4)

(Reserved)[1]

[1]

Editor's Note: Former Subsection B(4), regarding contribution to the Red Bank Borough Municipal Parking Utility Capital Improvement Fund, was repealed 4-12-2017 by Ord. No. 2017-13. Original § 25-10.10b5, pertaining to buffers and screening, which immediately followed this subsection, was repealed 12-5-2012 by Ord. No. 2012-23.

Permitted accessory uses:

(1)

Fences and hedges, subject to the provisions of § 490-91 of this chapter.

(2)

Off-street loading with enclosed storage structures.

(3)

Signs, subject to the provisions of § 490-104 of this chapter, as follows:

(a)

Minor and Type A and B signs.

(b)

One from Type G2, G3 or G4.

[Amended 12-12-2018 by Ord. No. 2018-38]

(c)

Type W1 or W2.

(d)

One from Type R1, R2 or R3 per public entrance.

Conditional uses:

(1)

Public utilities.

(2)

(Reserved)[2]

[2]

Editor’s Note: Former Subsection D(2), listing motor vehicle service stations as a conditional use, was repealed 9-25-2019 by Ord. No. 2019-60.

(3)

Motor vehicle repair garages.

(4)

Shopping centers.

(5)

Commercial recreation facilities.

(6)

Commercial earth terminals.[3]

[3]

Editor’s Note: Former Subsection D(7), which immediately followed this subsection and pertained to signs which are conditional uses, subject to § 490-104, was repealed 12-12-2018 by Ord. No. 2018-38.

(7)

Cannabis retailers.

[Added 8-18-2021 by Ord. No. 2021-17]

Area, yard and structure requirements:

(1)

Minimum lot area: 10,000 square feet.

(2)

Minimum lot frontage: 150 feet.

(3)

Minimum front yard setback:

(a)

For structures: 50 feet.

(b)

For parking, aisles and paved areas: 25 feet.

(4)

Minimum rear yard setback: 20 feet, except, if abutting a residence zone, 40 feet.

(5)

Minimum side yard setback: 15 feet, except that the combination of both side yards must be 40 feet.

(6)

Maximum structure height: 40 feet.

(7)

Maximum lot coverage of principal and accessory structures: 40%.

(8)

Minimum unoccupied open space: 20%.

(9)

Maximum floor area ratio (FAR): 1.00.

Use, Improvement or Facility	Bonus Ratio	FAR Cap
Day-care center/nurseries	1:5	0.20
Waterfront amenities	1:8	0.50
Preservation of historic buildings (at least to the standards of § 490-55 of this chapter)	1:10	0.25

§ 490-144 CCD-1 Central Commercial District-1.

[Amended by Ord. No. 1988-21; Ord. No. 1991-9; Ord. No. 1991-14; Ord. No. 1992-7; Ord. No. 1993-11; Ord. No. 1996-6; Ord. No. 1997-12; Ord. No. 1998-4; Ord. No. 2003-26; Ord. No. 2004-21]

Permitted uses:

(1)

Professional office.

(2)

Business office.

(3)

Retail commercial uses, except:

(a)

Large food stores exceeding 8,000 square feet, commonly called "supermarkets."

(b)

Thrift stores, secondhand, pawn and consignment shops.

(c)

Shops which offer for sale firearms and/or ammunition.

(d)

Antique sales will only be permitted on properties fronting on Broad Street with at least 1,000 square feet, but not to exceed 4,000 square feet, of ground floor area.

(4)

Personal service establishments, except:

(a)

Massage parlors.

(b)

(Reserved)[1]

[1]

Editor’s Note: Former Subsection A(4)(b), Tattoo parlors/body piercing, was repealed 10-10-2018 by Ord. No. 2018-24.

(c)

Self-service laundry or self-service dry-cleaning shops.

(d)

Tarot, palm readers, psychics.

(5)

Banks, trust companies and deposit institutions without vehicle drive-up facilities.

(6)

Primary food-service establishment.

(7)

Dwelling apartment uses on floors above the street-level floor, with the following conditions:

[Amended 9-28-2009 by Ord. No. 2009-32; 4-24-2019 by Ord. No. 2019-12]

(a)

Maximum density does not exceed 25 dwelling units per acre.

(b)

For structures in existence prior to September 2009, maximum 25 dwelling units per acre density, except that the density can be increased to allow no more than four size conforming dwelling units.

(c)

All dwelling units shall be a least 600 square feet of habitable area and no more than two bedrooms per unit.

(d)

Ground floor commercial uses shall constitute a minimum 50% of the floor area of any floor above with the largest floor area.

(8)

Theaters.

(9)

Government offices, including federal, state, county or municipal buildings and grounds, but excluding schools.

(10)

Essential services.

(11)

Commercial recreational uses.

[Added 11-7-2018 by Ord. No. 2018-30]

(12)

Cannabis delivery services.

[Added 8-18-2021 by Ord. No. 2021-17]

Required accessory uses:

(1)

Off-street parking, subject to the provisions of § 490-98 of this chapter, except that, in applications for nonresidential changes of occupancy between retail, personal service, business or professional offices, where there is no new gross floor area proposed and the proposed change results in a deficiency of less than five parking spaces, and no other variances or design waivers are required, then no variance shall be required for the parking space deficiency, and the administrative officer may grant administrative approval, provided the applicant pays all applicable contributions to the Municipal Parking Utility Capital Improvement Fund in accordance with the applicable Parking Deficiency Schedule, and provided further that this requirement may be met as set forth in Subsection B(3) of this section.

[Amended 4-13-2009 by Ord. No. 2009-10]

(2)

Off-street loading, subject to the provisions of § 490-97 of this chapter, provided that no more than one off-street loading space shall be required, and provided further that this requirement may be met as set forth in Subsection B(3)(d).

(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 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 in Subsection B(3)(a), (b) and (c) acceptable to the municipal agency.

(4)

(Reserved)[2]

[2]

Editor's Note: Former Subsection B(4), regarding contribution to the Red Bank Borough Municipal Parking Utility Capital Improvement Fund, was repealed 4-12-2017 by Ord. No. 2017-13.

(5)

Buffers and screening, subject to the requirements of § 490-81 of this chapter.

Permitted accessory uses:

(1)

Fences and hedges, subject to the provisions of § 490-91 of this chapter.

(2)

Off-street loading within enclosed storage structures.

(3)

Signs, subject to the provisions of § 490-104 of this chapter, as follows:

(a)

Minor and Type A and B signs.

(b)

Type W2.

(c)

One from Types W3 and P1 for each occupancy with direct exterior access.

(d)

One Type R2 or R3 for each public entrance.

(4)

Vertical parking garage, subject to the provisions of § 490-115 of this chapter.

Conditional uses:

(1)

Churches and places of worship.

(2)

Public utilities.

(3)

Commercial parking facilities.[3]

[3]

Editor’s Note: Former Subsection D(4), which immediately followed this subsection and pertained to signs which are conditional uses, subject to § 490-104, was repealed 12-12-2018 by Ord. No. 2018-38.

(4)

Cannabis retailers.

[Added 8-18-2021 by Ord. No. 2021-17]

Area, yard and structure requirements:

(1)

Minimum lot area: no requirements.

(2)

Minimum lot frontage: 35 feet, except, for lots and uses in existence prior to April 23, 1979, no requirements.

(3)

Minimum front setback: for properties fronting on Broad Street: no requirements; for all other properties: 10 feet.

[Amended 9-28-2009 by Ord. No. 2009-32]

(4)

Minimum rear yard setback: 10 feet, except, where abutting a residential zone district or an existing residential use, 25 feet.

(5)

Minimum side yard setback: no requirements, except, where abutting a residential zone district or an existing residential use, 10 feet.

(6)

Maximum structure height: 40 feet and not exceeding four stories.

[Amended 9-28-2009 by Ord. No. 2009-32]

(7)

Minimum gross habitable ground floor area: no requirements.

(8)

Maximum lot coverage of principal and accessory structures: 65%, plus that percentage of the site which is arranged, finished and intended to be used and is usable by the general public, including plazas, widened sidewalks, seating areas, mini parks and similar facilities.

(9)

Minimum unoccupied open space: 10%.

(10)

Maximum floor area ratio: 1.7.

[Amended 9-28-2009 by Ord. No. 2009-32]

§ 490-145 CCD-2 Central Commercial District-2.

[Amended by Ord. No. 1988-21; Ord. No. 1991-9; Ord. No. 1991-14; Ord. No. 1992-7; Ord. No. 1993-18; Ord. No. 1996-6; Ord. No. 1998-4; Ord. No. 2000-6; Ord. No. 2000-35; Ord. No. 2003-26; Ord. No. 2005-22; Ord. No. 2005-24; Ord. No. 2005-53]

Permitted uses:

(1)

Professional office, except on street-level properties fronting on Broad Street, Monmouth Street, White Street, English Plaza, and East Front Street; however, professional offices may be located at street level on the north side of White Street between Maple Avenue and 300 feet east of Maple Avenue.

[Amended 10-12-2009 by Ord. No. 2009-33]

(2)

Business office, except on street-level 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 north side of White Street between Maple Avenue and 300 feet east of Maple Avenue, 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 5,000 square feet on street level.

[Amended 10-12-2009 by Ord. No. 2009-33]

(3)

Retail commercial uses, except:

(a)

Large food stores exceeding 8,000 square feet, commonly called "supermarkets."

(b)

Thrift stores, secondhand, pawn and consignment shops.

(c)

Shops which offer for sale firearms and/or ammunition.

(d)

Antique sales will only be permitted on properties fronting on Broad Street with at least 1,000 square feet of ground floor area, but not to exceed 4,000 square feet of ground floor area.

(4)

Personal service establishments, except:

(a)

Massage parlors.

(b)

(Reserved)[1]

[1]

Editor’s Note: Former Subsection A(4)(b), Tattoo parlors/body piercing, was repealed 10-10-2018 by Ord. No. 2018-24.

(c)

Self-service laundry or self-service dry-cleaning shops.

(5)

Banks, trust companies, and deposit institutions without drive-up facilities, but not on or upon properties fronting on Broad Street.

[Amended 9-25-2019 by Ord. No. 2019-61]

(6)

Primary food-service establishments.

(7)

Dwelling apartment uses on floors above the street-level floor, with the following conditions:

[Amended 10-12-2009 by Ord. No. 2009-33; 4-24-2019 by Ord. No. 2019-12]

(a)

Maximum density does not exceed 25 dwelling units per acre.

(b)

For structures in existence prior to September 2009, maximum 25 dwelling units per acre density, except that the density can be increased to allow no more than four size conforming dwelling units.

(c)

All dwelling units shall be a least 600 square feet of habitable area and no more than two bedrooms per unit.

(d)

Ground floor commercial uses shall constitute a minimum 50% of the floor area of any floor above with the largest floor area.

(8)

Theaters.

(9)

Hotel/motels located north of Front Street.

(10)

Essential services.

(11)

Children's philanthropic uses, except on properties fronting on Broad and Front Streets or east of Broad Street.

(12)

Commercial parking facilities.

[Added 10-12-2009 by Ord. No. 2009-33; amended 11-23-2009 by Ord. No. 2009-52]

(13)

Commercial recreational uses.

[Added 11-7-2018 by Ord. No. 2018-30]

(14)

Cannabis delivery services.

[Added 8-18-2021 by Ord. No. 2021-17]

Required accessory uses:

(1)

Off-street parking, subject to the provisions of § 490-98 of this chapter, except that in applications for nonresidential changes of occupancy between retail, personal service, business or professional offices, where there is no new gross floor area proposed and the proposed change results in a deficiency of less than five parking spaces, and no other variances or design waivers are required, then no variance shall be required for the parking space deficiency, and the administrative officer may grant administrative approval, provided the applicant pays all applicable contributions to the Municipal Parking Utility Capital Improvement Fund in accordance with the applicable Parking Deficiency Schedule, and provided further that this requirement may be met as set forth in Subsection B(3) of this section.

[Amended 4-13-2009 by Ord. No. 2009-10]

(2)

(3)

Off-street parking and off-street loading requirements may be met by:

(a)

Providing the required spaces on site.

(b)

(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 in Subsection B(3)(a), (b) and (c) acceptable to the municipal agency.

(4)

(Reserved)[2]

[2]

Editor's Note: Former Subsection B(4), regarding contribution to the Red Bank Borough Municipal Parking Utility Capital Improvement Fund, was repealed 4-12-2017 by Ord. No. 2017-13.

(5)

Buffers and screening, subject to the requirement of § 490-81 of this chapter.

Permitted accessory uses:

(1)

Fences and hedges, subject to the provisions of § 490-91 of this chapter.

(2)

Off-street loading within enclosed storage structures.

(3)

Signs, subject to the provisions of § 490-104 of this chapter, as follows:

(a)

Minor and Type A and B signs.

(b)

Type W2.

(c)

One from Types W3 and P1 for each occupancy with direct exterior access.

(d)

One Type R2 or R3 for each public entrance.

(4)

Vertical parking garage, subject to the provisions of § 490-115 of this chapter.

Conditional uses:

(1)

Churches and places of worship.

(2)

Public utilities.

(3)

Public and quasi-public recreation areas.[3]

[3]

Editor's Note: Original § 25-10.12d4, Commercial parking facilities, which immediately followed this subsection, was repealed 11-23-2009 by Ord. No. 2009-52. Former Subsection D(4), which subsequently followed this subsection and pertained to signs which are conditional uses, subject to § 490-104, was repealed 12-12-2018 by Ord. No. 2018-38.

(4)

Cannabis retailers.

[Added 8-18-2021 by Ord. No. 2021-17]

Area, yard and structure requirements:

(1)

Minimum lot area: no requirements, except for commercial parking facilities, which shall be no less than 20,000 square feet.

[Amended 11-23-2009 by Ord. No. 2009-52]

(2)

Minimum lot frontage: 35 feet, except, for lots and uses in existence prior to April 23, 1979, no requirements.

(3)

Minimum front setback: no requirements.

[Amended 10-12-2009 by Ord. No. 2009-33]

(4)

Minimum rear yard setback: 10 feet, except, where abutting a residential zone district or an existing residential use, 25 feet.

(5)

Minimum side yard setback: no requirements, except, where abutting a residential zone district or abutting an existing residential use, 10 feet; and for commercial parking facilities abutting a residential zone district or an existing first-floor residential use, 25 feet.

[Amended 11-23-2009 by Ord. No. 2009-52]

(6)

Maximum structure height: 40 feet and not exceeding four stories.

[Amended 10-12-2009 by Ord. No. 2009-33]

(7)

Minimum gross habitable ground floor area: no requirements.

(8)

(9)

Minimum unoccupied open space: 10%.

(10)

Maximum floor area ratio: 1.7.

[Amended 10-12-2009 by Ord. No. 2009-33]

Special requirements.

(1)

(Reserved)[4]

[4]

Editor’s Note: Former Subsection F(1), regarding the administrative officer’s finding that the development complies with the provisions of § 490-55, was repealed 6-13-2018 by Ord. No. 2018-15.

(2)

For commercial parking facilities:

[Added 11-23-2009 by Ord. No. 2009-52]

(a)

Artificial lighting that will provide a minimum lighting level of 0.5 horizontal footcandle throughout the parking area and access drives. Screening or shielding shall be required to prevent glare upon adjacent properties.

(b)

Attended parking facilities shall provide an accessory building with sanitary facilities, or alternative plans for sanitary facilities shall be submitted in writing for approval.[5]

[5]

Editor's Note: Original § 25-10.13, Regulations controlling Special Business-1 Zone District, which previously followed this section, as amended by Ord. Nos. 1988-21, 1989-10, 1992-7, 1994-3, 1996-6 and 1998-27, was repealed by Ord. Nos. 1998-33 and 2003-41.

§ 490-146 BR-1 Business/Residential-1 District.

[Amended by Ord. No. 1998-33; Ord. No. 2000-35; Ord. No. 2003-26; Ord. No. 2005-9]

Permitted uses:

(1)

Detached single-family dwellings.

(2)

Dwelling uses on floors above street level where each dwelling has a minimum of 1,000 square feet of habitable floor area and no more than two bedrooms at a maximum density of 16 units per acre, except that the permitted maximum density may be increased to allow up to four residential units per site when the rate of 16 units per acre results in less than four units.

[Amended 10-12-2009 by Ord. No. 2009-37]

(3)

Multifamily dwellings, known as "garden apartments" or "apartment houses," at a density not to exceed 16 units per gross acre; or townhouses at a density not to exceed 14 units per gross acre, subject to § 490-96 of this chapter.

[Amended 10-12-2009 by Ord. No. 2009-37]

(4)

Professional offices and home professional offices.

(5)

Business offices.

(6)

Retail commercial, except:

(a)

Large food stores exceeding 8,000 square feet, commonly called "supermarkets."

(b)

Shops which offer for sale firearms and/or ammunition.

(7)

Personal service establishments, except:

[Amended 10-12-2009 by Ord. No. 2009-37]

(a)

Massage services.[1]

[1]

Editor’s Note: Former Subsection A(7)(b), which prohibited tattoo services and stores whose primary function is body piercing, which immediately followed this subsection, was repealed 10-10-2018 by Ord. No. 2018-24.

(8)

Art studios and galleries.

(9)

Banks, trust companies and deposit institutions without drive-up facilities.

[Amended 9-25-2019 by Ord. No. 2019-61]

(10)

Primary food-service establishments.

(11)

Primary liquor-service establishments.

(12)

(Reserved)[2]

[2]

Editor’s Note: Former Subsection A(12), listing motor vehicle diagnostic and service facilities as a permitted use, was repealed 9-25-2019 by Ord. No. 2019-61.

(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.

(19)

Commercial recreational uses.

[Added 11-7-2018 by Ord. No. 2018-30]

(20)

Cannabis delivery services.

[Added 8-18-2021 by Ord. No. 2021-17]

Required accessory uses:

(1)

Off-street parking, subject to the provisions of § 490-98, except that, in applications for nonresidential changes of occupancy between retail, personal service, business or professional offices, where there is no new gross floor area proposed and the proposed change results in a deficiency of less than five parking spaces, and no other variances or design waivers are required, then no variance shall be required for the parking space deficiency, and the administrative officer may grant administrative approval, provided the applicant pays all applicable contributions to the Municipal Parking Utility Capital Improvement Fund in accordance with the applicable Parking Deficiency Schedule, and provided further that this requirement may be met as set forth in Subsection B(3)(d) below.

[Amended 4-12-2010 by Ord. No. 2010-15]

(2)

Off-street loading, subject to the provisions of § 490-97, provided that no more than one off-street loading space shall be required, and provided further that this requirement may be met as set forth in Subsection B(3)(d) below.

[Amended 4-12-2010 by Ord. No. 2010-15]

(3)

Off-street parking and off-street loading requirements may be met by:

[Amended 4-12-2010 by Ord. No. 2010-15]

(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 uses either contiguous with or within 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 Subsection B(3)(a), (b) and (c) acceptable to the municipal agency.[3]

[3]

Editor's Note: Former Subsection B(4), regarding contribution to the Red Bank Borough Municipal Parking Utility Capital Improvement Fund, which immediately followed this subsection, was repealed 4-12-2017 by Ord. No. 2017-13.

Permitted accessory uses:

(1)

Fences and hedges, subject to the provisions of § 490-91 of this chapter.

(2)

Private garage space for the storage of motor vehicles, provided that the garage, whether attached or detached, shall be arranged to open to the side or rear of the lot, unless detached and located entirely to the rear of the principal structure.

(3)

Signs, subject to the provisions of § 490-104 of this chapter, as follows:

(a)

For multifamily dwellings: minor and Type A signs and one Type G3 or G4 sign.

(b)

For all other permitted uses:

[1]

Minor and Type A and B signs.

[2]

Types G3 and G4.

[3]

Type W2 or W3.

[4]

One Type R2 or Type R3 per public entrance.

[5]

One Type P1.

(4)

Off-street loading within enclosed storage structures.

(5)

[4]

Editor's Note: Original § 25-10.14c6, regarding personal earth terminals, which immediately followed this subsection, was repealed 10-12-2009 by Ord. No. 2009-37.

(6)

Commercial parking facilities.

[Added 10-12-2009 by Ord. No. 2009-37]

Conditional uses:

(1)

Churches and places of worship.

(2)

Public utilities.

(3)

Shopping centers.

(4)

Educational uses.

(5)

Nursery schools.

(6)

Commercial parking facilities.[5]

[Added 10-12-2009 by Ord. No. 2009-37]

[5]

(7)

Cannabis retailers.

[Added 8-18-2021 by Ord. No. 2021-17]

Area, yard and structure requirements:

(1)

Minimum lot area:

(a)

Detached single-family and home professional offices: 4,500 square feet.

(b)

Garden apartments and apartment houses: 45,000 square feet.

(c)

Townhouses: 25,000 square feet.

(d)

Other uses: no requirement.

(2)

Minimum lot frontage:

(a)

Detached single-family and home professional offices: 50 feet.

(b)

Garden apartments and apartment houses: 150 feet.

(c)

Townhouses: 100 feet.

(d)

Other uses: 100 feet.

(3)

Minimum front yard setbacks: all uses, 25 feet, except, for properties fronting on Monmouth Street, the setback shall be 10 feet, provided a ten-foot unobstructed sidewalk is provided.

[Amended 10-12-2009 by Ord. No. 2009-37]

(4)

Minimum rear yard setback:

(a)

Principal structure: 25 feet.

(b)

Accessory structure: five feet.

(5)

Minimum side yard requirement:

(a)

Detached single-family and home professional office: 10 feet, except for the following:

[Amended 10-12-2009 by Ord. No. 2009-37; 12-5-2012 by Ord. No. 2012-20]

[1]

Air-conditioning units, which may be no closer than three feet to any lot line, provided that all screening and noise-reduction requirements are met. (See also § 490-101, Screening of equipment or machinery, and § 490-54, regarding noise standards.)

[2]

Standby generators must be enclosed by a sound-attenuated weatherproof box or cabinet and shall be no closer than three feet to any lot line, provided that all screening and noise-reduction requirements are met. Standby generators shall conform to the Uniform Construction Code Standards. (See also § 490-101, Screening of equipment or machinery, and § 490-54, regarding noise standards.)

(b)

Garden apartments and apartment houses: 15 feet, except that both side yards combined shall be not less than 40 feet.

(c)

Townhouses: 15 feet.

(d)

Other uses: 10 feet.

(e)

Exception: minimum side yard for accessory buildings: four feet.

(6)

Maximum structure height:

[Amended 10-12-2009 by Ord. No. 2009-37]

(a)

Detached single-family dwellings: 35 feet and not to exceed 2 1/2 stories.

(b)

Other uses: 40 feet.

(7)

Minimum gross habitable floor area:

[Amended 10-12-2009 by Ord. No. 2009-37]

(a)

Efficiency units: 750 square feet.

(b)

One-bedroom unit: 900 square feet per unit.

(c)

Two-bedroom unit: 1,100 square feet per unit.

(d)

Three-bedroom unit: 1,250 square feet per unit.

(e)

Garden apartments and apartment houses: 1,000 square feet per unit with at least 500 square feet per unit of ground floor area.

(f)

Townhouses: 1,000 square feet per unit with at least 700 square feet per unit of ground floor area.

(g)

Other uses: no requirements.

(8)

Maximum lot coverage of principal and accessory structures:

(a)

Detached single-family: 35%.

(b)

Garden apartments and apartment houses: 45%.

(c)

Townhouses: 45%.

(d)

Other uses: 50%.

(9)

Minimum unoccupied open space:

(a)

Detached single-family: no requirements.

(b)

Garden apartments and apartment houses: 25%.

(c)

Townhouses: 20%.

(d)

Other uses: 15%.

(10)

Maximum floor area ratio: 2.1.

[Amended 10-12-2009 by Ord. No. 2009-37]

§ 490-147 PO Professional Office Zone District.

[Amended by Ord. No. 1988-21; Ord. No. 1996-6; Ord. No. 1998-27; Ord. No. 1998-33; Ord. No. 2000-35; Ord. No. 2004-21]

Permitted uses:

(1)

Detached single-family dwellings.

(2)

Home professional offices.

(3)

The following shall be considered permitted uses, provided that the physical arrangement of the proposed use will not result in alteration of any existing buildings or property nor require any new construction which is not residential in character and appearance as provided in § 490-47 of this chapter:

(a)

At any location in the district:

[Amended 4-24-2019 by Ord. No. 2019-13]

[1]

Professional offices and business offices.

[2]

Professional office and business offices with apartments providing residential density of no greater than six units per acre with a minimum of 600 square feet of habitable floor area for each apartment, except that first-floor apartments are a minimum of 1,000 square feet.

(b)

Only on properties in the zone district with frontage on Maple Avenue and Broad Street:

[1]

Professional offices.

[2]

Business offices.

[3]

Banks, trust companies and deposit institutions.

[4]

Government offices, including federal, state, county or municipal buildings and grounds, but excluding schools and facilities such as maintenance or storage yards.[1]

[1]

Editor's Note: Original § 25-10.15a3(b)(5), Lodges, clubs and fraternal organizations, which immediately followed this subsection, was repealed 8-24-2009 by Ord. No. 2009-34.

[5]

Essential services.

Required accessory uses:

(1)

Off-street parking, subject to the provisions of § 490-98 of this chapter.

(2)

Off-street loading, subject to the provisions of § 490-97 of this chapter.

(3)

Buffers and screening, subject to the requirements of § 490-81 of this chapter.

(4)

(Reserved)[2]

[2]

Editor's Note: Former Subsection B(4), regarding contribution to the Red Bank Borough Municipal Parking Utility Capital Improvement Fund, was repealed 4-12-2017 by Ord. No. 2017-13. Original § 25-10.15b5, pertaining to buffers and screening, which immediately followed this subsection, was repealed at time of codification of the Planning and Development Regulations.

Permitted accessory uses:

(1)

Fences and hedges, subject to the provisions of § 490-91 of this chapter.

(2)

(3)

Signs, subject to the provisions of § 490-104 of this chapter, as follows:

(a)

Minor and Type A signs.

(b)

One from Type G3 or G4.

(c)

One Type W3 per property.

(d)

One Type R3 per property.

(4)

Swimming pools, subject also to Chapter XIV, Swimming Pools, of the 1987 Revised General Ordinances of the Borough of Red Bank and § 490-99 of this chapter.

(5)

Other customary residential accessory uses and buildings, subject to § 490-35 of this chapter, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory structure or use shall be located at the same lot as the principal structure.

(6)

Personal earth terminals, subject to the provisions of § 490-114 of this chapter.

Conditional uses, subject to the provisions of Article IX of this chapter:

(1)

Churches and places of worship.

(2)

Educational uses.

(3)

Public utilities.

(4)

Home occupation.

(5)

(Reserved)[3]

[3]

Editor’s Note: Former Subsection D(5), regarding signs which are conditional uses, subject to § 490-104, was repealed 12-12-2018 by Ord. No. 2018-38.

(6)

Commercial recreation facilities, but only on properties within the zoned district that have frontage on Maple Avenue between Bergen Place and Wikoff Place.

Area, yard and structure requirements: [NOTE: Area, yard and structure requirements for detached single-family dwellings shall conform to the RB Zone.]

(1)

Minimum lot area:

(a)

For home professional offices, business offices and professional offices: 7,500 square feet.

[Amended 4-24-2019 by Ord. No. 2019-13]

(b)

For professional and business offices with apartments: 11,000 square feet.

[Amended 4-24-2019 by Ord. No. 2019-13]

(c)

For all other uses: 30,000 square feet.

(2)

Minimum lot frontage:

(a)

For home professional offices, business offices and professional offices with apartments: 75 feet.

[Amended 4-24-2019 by Ord. No. 2019-13]

(b)

For all other uses: 120 feet.

(3)

Minimum front setback:

(a)

For home professional offices, business offices and business and professional offices with apartments: 30 feet.

[Amended 4-24-2019 by Ord. No. 2019-13]

(b)

For all other uses: 40 feet, except in no case less than the setback of any existing structures on adjoining lots but not more than 60 feet.

(c)

In no case shall any structure be less than 40 feet from the center line of a street.

(4)

Minimum rear yard setback:

(a)

Principal structure: 25 feet.

(b)

Accessory structure: eight feet.

(5)

Minimum side yard setback:

(a)

For home professional offices, business offices, business and professional offices with apartments and professional offices:

[Amended 8-24-2009 by Ord. No. 2009-31; 12-5-2012 by Ord. No. 2012-20; 4-24-2019 by Ord. No. 2019-13]

[1]

Principal structure: 10 feet, except that the combination of both side yards must be at least 25 feet.

[2]

Accessory structure: five feet.

[3]

[4]

(b)

For all other uses:

[1]

Principal structure: 20 feet, except that the combination of both side yards must be 50 feet.

[2]

Accessory structure: 10 feet or two feet for every four feet of height, whichever is greater.

(6)

Maximum height:

(a)

For home professional offices, business offices and business and professional offices with apartments and professional offices: 35 feet and 2 1/2 stories.

[Amended 4-24-2019 by Ord. No. 2019-13]

(b)

For all other uses: 45 feet and three stories.

(7)

(Reserved)[4]

[4]

Editor’s Note: Former Subsection E(7), Minimum gross habitable floor area, was repealed 4-24-2019 by Ord. No. 2019-13.

(8)

Maximum lot coverage of principal and accessory structures:

(a)

For home professional offices, business offices, business and professional offices with apartments and professional offices: 35%.

[Amended 4-24-2019 by Ord. No. 2019-13]

(b)

For all other uses: 25%.

(9)

Minimum unoccupied open space:

(a)

For home professional offices, business offices, business and professional offices with apartments and professional offices: 20%.

[Amended 4-24-2019 by Ord. No. 2019-13]

(b)

For all other uses: 25%.

§ 490-148 WD Waterfront Development District.

[Amended by Ord. No. 1988-21; Ord. No. 1992-7; Ord. No. 1994-3; Ord. No. 1994-6; Ord. No. 1996-6; Ord. No. 1998-4; Ord. No. 2003-26; Ord. No. 2003-41]

Permitted uses:

[Amended 8-24-2009 by Ord. No. 2009-35; 11-22-2011 by Ord. No. 2011-19; 7-25-2012 by Ord. No. 2012-15; 7-25-2012 by Ord. No. 2012-17]

(1)

Detached single-family dwellings.

(2)

Multifamily dwellings, known as "garden apartments" or "apartment houses," at a density not to exceed 16 units per gross acre; provided, however, that those properties adjoining the Navesink River and fronting on Riverside Avenue may have a density, subject to all other provisions of this chapter, not to exceed 40 units per gross acre.

(3)

Multifamily dwellings, known as "townhouses," at a density not to exceed 10 units per gross acre.

(4)

Professional offices.

(5)

Business offices.

(6)

Home professional offices.

(7)

Primary food-service establishments.

(8)

Hotels, motels, and owner-occupied bed-and-breakfasts.

(9)

Essential services.

(10)

Cannabis delivery services.

[Added 8-18-2021 by Ord. No. 2021-17]

Required accessory uses:

(1)

Off-street parking, subject to the provisions of § 490-98 of this chapter.

(2)

Off-street loading, subject to the provisions of § 490-97 of this chapter.

(3)

Buffers and screening, subject to the requirements of § 490-81 of this chapter.[1]

[1]

Permitted accessory uses:

(1)

Fences and hedges, subject to the provisions of § 490-91 of this chapter.

(2)

Private garage space for the storage of motor vehicles, provided that said garage shall be arranged to open to the side or rear of the lot, unless detached and located entirely to the rear of the principal structure.

(3)

Signs, subject to the provisions of § 490-104 of this chapter, as follows:

(a)

For multifamily dwellings, same as permitted by § 490-141C(3)(a) of this chapter.

(b)

For professional offices, business offices, home professional offices, same as permitted by § 490-147C(3)(a) through (d) of this chapter.

(c)

For primary food-services establishments, hotels and motels, bed-and-breakfasts, and mortuary and funeral homes:

[1]

Minor and Type A and B signs.

[2]

One from Types G3 and G4.

[3]

Type W2 or W3.

[4]

One Type R3 per public entrance.

(4)

Swimming pools, subject also to Chapter XIV, Swimming Pools, of the 1987 Revised General Ordinances of the Borough of Red Bank and § 490-99 of this chapter.

(5)

Other customary residential accessory uses and structures, subject to § 490-35 of this chapter, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory structure or use shall be located at the same lot as the principal structure.

(6)

Personal earth terminals, subject to the provisions of § 490-114 of this chapter.

(7)

Vertical parking garage, subject to the provisions of § 490-115 of this chapter.

Conditional uses, subject to the provisions of Article IX of this chapter:

(1)

Churches and places of worship.

(2)

Public utilities.

(3)

Marinas (public or private).[2]

[2]

(4)

Cannabis retailers.

[Added 8-18-2021 by Ord. No. 2021-17]

Area, yard and structure requirements:

(1)

Minimum lot area:

(a)

Detached single-family: 30,000 square feet.

[Amended 4-23-2007 by Ord. No. 2007-15]

(b)

Home professional offices: 30,000 square feet.

[Amended 4-23-2007 by Ord. No. 2007-15]

(c)

Garden apartments and apartment houses: 45,000 square feet.

(d)

Townhouses: 45,000 square feet.

(e)

Other uses: 30,000 square feet.

[Amended 4-23-2007 by Ord. No. 2007-15]

(2)

Minimum lot frontage:

(a)

Detached single-family: 50 feet.

(b)

Home professional offices: 50 feet.

(c)

Garden apartments and apartment houses and townhouses: 150 feet.

(d)

Hotels and motels: 200 feet.

(e)

Other uses: 100 feet.

(f)

Bed-and-breakfasts: 75 feet.

(3)

Minimum front setback:

(a)

Single-family: 30 feet.

(b)

Home professional offices: 30 feet.

(c)

Garden apartments and apartment houses: 50 feet.

(d)

Townhouses: 35 feet.

(e)

Other uses: 35 feet, except that in no case shall any structure be less than 40 feet from a street center line.

(4)

Minimum rear yard setback:

(a)

Principal structure: 25 feet.

(b)

Accessory structures: five feet.

(c)

Except that the minimum rear yard setback for any structure from the Navesink River flood hazard area line shall be 35 feet, except as set forth in Subsection F(3) of this section for structures exceeding 50 feet (USC & GS datum, MSL=0).

(5)

Minimum side yard setback:

(a)

Detached single-family: 10 feet, except for the following:

[Amended 8-24-2009 by Ord. No. 2009-35; 12-5-2012 by Ord. No. 2012-20]

[1]

[2]

(b)

Garden apartments and apartment houses: 15 feet, except that both side yards combined shall be not less than 40 feet.

(c)

Townhouses: 15 feet.

(d)

Home professional offices: 10 feet, except that both side yards combined shall be not less than 20 feet.

(e)

Other uses: 10 feet, except that both side yards combined shall not be less than 20 feet.

(f)

Exceptions:

[1]

Minimum side yard for accessory structures: four feet.

[2]

The minimum side yard setback for any structure from the Navesink River flood hazard area line shall be 35 feet.

(6)

Maximum structure height. The elevation of the highest point on any flat roof deck (parapet elevation to be used if parapets exceed 30 inches in height) or of the mean height level between the eaves and ridge for gable or hipped roofs or of the deckline for mansard roofs shall not exceed:

[Amended 7-25-2012 by Ord. No. 2012-17]

(a)

Fifty feet or five stories (as measured from average grade).

[Amended 10-12-2023 by Ord. No. NP2023-11]

(7)

Minimum gross habitable floor area:

(a)

Detached single-family:

[1]

One-story: 900 square feet.

[2]

Two-story: 1,000 square feet with at least 700 square feet of ground floor area.

(b)

Garden apartments and apartment houses: 1,000 square feet with at least 700 square feet of ground floor area.

(c)

Townhouses: 1,000 square feet per unit with at least 700 square feet per unit of ground floor area.

(d)

Other uses: no requirements.

(8)

Maximum lot coverage of principal and accessory structures:

(a)

Detached single-family: 35%.

(b)

Home professional offices: 40%.

(c)

Garden apartments and apartment houses: 25%.

(d)

Townhouses: 35%.

(e)

Other uses: 35%.

(9)

Minimum unoccupied open space:

(a)

Detached single-family: no requirements.

(b)

Home professional offices: no requirements.

(c)

Garden apartments and apartment houses: 25%.

(d)

Townhouses: 20%.

(e)

Other uses: 15%.

(10)

Maximum floor area ratio (FAR): 1.0.

(11)

Bonus provisions.

(a)

In an effort to encourage creative civil design and to celebrate the unique natural resources available to properties located in the WD Zone, additional gross floor area shall be permitted as a bonus in accordance with this section.

[1]

For seasonal or weather-dependent areas, which are open to the air, such as patios, patio decks, plazas, walkways, porticos, balconies and swimming pools, a bonus FAR equal to 0.25 shall be permitted.

[2]

The bonus provisions provided under this subsection are to be available for uses identified in Subsection E(11)(a)[1] above only. The floor area ratio (FAR) for the principal use shall remain that as permitted in the zone.

Special requirements.

(1)

(2)

(a)

An access easement of 25 feet minimum width along with all river frontage; and

(b)

Appropriate provisions for passive enjoyment of river views by residents and the general public.[3]

[3]

Editor's Note: Former Subsection F(3), regarding additional setbacks for structures located on properties abutting or contiguous with the Navesink River, which immediately followed, was repealed 10-12-2023 by Ord. No. NP2023-11.

§ 490-149 MS Medical Services Zone.

[Amended by Ord. No. 1996-6; Ord. No. 2003-41; Ord. No. 2004-21]

Purpose. The intent of this zone is to contain, effect, regulate and control the expansion of major medical institutions and their related facilities to appropriate areas in the Borough consistent with a fair share commitment by the Borough. It is not intended to discourage planned and controlled new hospital-related development, but to the contrary will hopefully encourage the hospital to apply the use of designated areas in a rational and effective manner for the benefit of both the hospital and the Borough.

Permitted uses:

(1)

Health care facility.

(2)

Hospital, acute care facility.

(3)

Medical center, health clinic, or other community health facility, along with related educational and occupational training facilities.

(4)

Professional offices of a medical, dental or clinical nature.

(5)

Nursing, rest and convalescent homes.

(6)

Government offices, including federal, state, county or municipal buildings and grounds, but excluding schools and facilities such as maintenance or storage yards.

(7)

Essential services.

Required accessory uses:

(1)

Off-street parking, subject to the provisions of § 490-98 of this chapter.

(2)

Off-street loading, subject to the provisions of § 490-97 of this chapter.

(3)

Buffer and screening, subject to the requirements of § 490-81 of this chapter.

(4)

(Reserved)[1]

[1]

Editor's Note: Former Subsection B(4), regarding contribution to the Red Bank Borough Municipal Parking Utility Capital Improvement Fund, was repealed 4-12-2017 by Ord. No. 2017-13. Original § 25-10.17b5, pertaining to buffers and screening, which immediately followed this subsection, was repealed 12-5-2012 by Ord. No. 2012-23.

Permitted accessory uses:

(1)

Fences and hedges, subject to the provisions of § 490-91 of this chapter.

(2)

Off-street loading with enclosed storage structures.

(3)

Private garages accessory to individual professional offices as specified in Subsection A of this section.

(4)

Service-related support activities within a hospital or medical center, including but not limited to:

(a)

Pharmacy.

(b)

Florist.

(c)

Cafeteria or confectionery establishment.

(d)

Residential units for resident staff or students.

(5)

Signs, subject to the provisions of § 490-104 of this chapter, as follows:

(a)

Minor and Type A and B signs.

(b)

One from Type G2, G3 or G4 per property.

(c)

Type W2.

(d)

One Type W3 per property.

(e)

One Type R2 or R3 per public entrance.

Conditional uses, subject to the provisions of Article IX of this chapter:

(1)

Public utilities.[2]

[2]

Editor’s Note: Former Subsection D(2), which immediately followed this subsection and pertained to signs which are conditional uses, subject to § 490-104, was repealed 12-12-2018 by Ord. No. 2018-38.

Area, yard and structure requirements:

(1)

Minimum lot area: 20,000 square feet.

(2)

Minimum lot frontage: 75 feet.

(3)

Minimum front setback: 25 feet, except 40 feet on East Front Street.

(4)

Minimum rear yard setback: 15 feet, except 35 feet from the high-water line as defined by this chapter.

(5)

Minimum side yard setback: five feet, except:

(a)

The combined side yards shall be at least 20 feet.

(b)

Where a side yard abuts the Navesink River, the minimum setback shall be 35 feet from the high-water line as defined by this chapter.

(6)

Maximum structure height:

(a)

In that portion of the zone district north of Union Street and west of the west right-of-way line of Washington Street, no structure height shall exceed the tallest existing hospital structure as of February 1, 1979. In that portion of the zone district north of Union Street and between the west right-of-way line of Washington Street and the west face of the existing structure, no height shall exceed the height of the principal structure of the existing Riverview Hospital East Wing building.

(b)

In the remainder of the zone district: 45 feet.

(7)

Minimum gross habitable ground floor area: no requirements.

(8)

Maximum lot coverage of principal and accessory structures: 60%.

(9)

Minimum unoccupied open space: 15%.

(10)

Maximum floor area ratio: 4.0.

Special requirements.

(1)

All applications for development in this zone which require submission of a major site plan will be accompanied by an environmental impact report (EIR) as provided for in § 490-90 of this chapter.

(2)

All applications for developments in this zone on properties abutting or contiguous with the Navesink River and which require submission of a major site plan or major subdivision will include maximum practical provisions for public access to the Navesink River. Unless waived by the municipal agency, these provisions will include:

(a)

An access easement of 25 feet minimum width along all river frontage; and

(b)

Appropriate provisions for passive enjoyment of river views by residents and the general public.

(3)

All applications for development in this zone will be construed to encompass all contiguous properties under the control of a common applicant, developer or owner devoted to a common purpose or supporting a common activity. All site plans will include all such properties and all existing and proposed activities in determining compliance with parking requirements, lot coverage, unoccupied open space and similar design requirements.

§ 490-150 I Industrial Zone; LI Light Industrial Zone.

[Amended by Ord. No. 1992-7; Ord. No. 1996-6; Ord. No. 1998-33; Ord. No. 2004-21]

Permitted uses:

(1)

Only in the Industrial (I) Zone:

(a)

Contractor's shops and storage yards.

(b)

Bulk fuel terminals.

(c)

Laundry and dry-cleaning plants.

(d)

Truck terminals.

(e)

Distribution facilities.

(f)

Manufacturing, fabrication and assembly uses not meeting the definition of "light manufacturing."

(2)

In either the Industrial (I) or Light Industrial (LI) Zone:

(a)

Professional office.

(b)

Business office.

(c)

Scientific or research laboratories.

(d)

Wholesale business.

(e)

Printing, publishing or bookbinding.

(f)

Light manufacturing, fabrication and assembly uses.

(g)

Limousine, taxi or car livery service.

(h)

Government offices, including federal, state, county or municipal buildings and grounds, but excluding schools.

(i)

Essential services.

(j)

Mini warehouses, warehouses, or storage facilities.

(k)

Motor vehicle repair.

(l)

Motor vehicle service station.

(m)

Cannabis cultivator.

[Added 8-18-2021 by Ord. No. 2021-17]

(n)

Cannabis manufacturer.

[Added 8-18-2021 by Ord. No. 2021-17]

(o)

Cannabis wholesaler.

[Added 8-18-2021 by Ord. No. 2021-17]

(p)

Cannabis distributor.

[Added 8-18-2021 by Ord. No. 2021-17]

(q)

Cannabis delivery service.

[Added 8-18-2021 by Ord. No. 2021-17]

Required accessory uses:

(1)

Off-street parking, subject to the provisions of § 490-98 of this chapter.

(2)

Off-street loading, subject to the provisions of § 490-97 of this chapter.

(3)

Buffer and screening, subject to the requirements of § 490-81 of this chapter.

(4)

(Reserved)[1]

[1]

Editor's Note: Former Subsection B(4), regarding contribution to the Red Bank Borough Municipal Parking Utility Capital Improvement Fund, was repealed 4-12-2017 by Ord. No. 2017-13. Original § 25-10.18b5, pertaining to buffers and screening, which immediately followed this subsection, was repealed at time of codification of the Planning and Development Regulations.

Permitted accessory uses:

(1)

Fences and hedges, subject to the provisions of § 490-91 of this chapter.

(2)

Off-street loading with enclosed storage structures.

(3)

Signs, subject to the provisions of § 490-104 of this chapter, as follows:

(a)

Minor and Type A and B signs.

(b)

One from Type G2, G3 or G4.

(c)

Type W1 or W2.

(d)

One Type R1, R2 or Type R3 per public entrance.

Conditional uses, subject to the provisions of Article IX of this chapter:

(1)

Public and quasi-public recreational uses.

(2)

Public utilities.

(3)

Commercial parking facilities.

(4)

Vertical parking garages.

(5)

Commercial earth terminals.[2]

[2]

Editor’s Note: Former Subsection D(6), which immediately followed this subsection and pertained to signs which are conditional uses, subject to § 490-104, was repealed 12-12-2018 by Ord. No. 2018-38.

Area, yard and structure requirements:

(1)

Minimum lot area: no requirements.

(2)

Minimum lot frontage: no requirements.

(3)

Minimum front setback: no requirements, except:

(a)

For any structure exceeding 35 feet in height: one foot for each five feet of building height;

(b)

In no case shall any structure be less than 40 feet from the center line of a street.

(4)

Minimum rear yard setback: 10 feet, except:

(a)

Where abutting a residential zone district or existing residential use: 25 feet.

(b)

For any structure exceeding 35 feet in height, a minimum of one foot per each five feet of structure area.

(5)

Minimum side yard setback: no requirements, except:

(a)

Where abutting a residential zone district or existing residential use: 20 feet.

(b)

For any structure exceeding 35 feet in height, a minimum of one foot per each five feet of building height.

(6)

Maximum building height: 50 feet and not exceeding three stories.

(7)

Maximum lot coverage of principal and accessory structures: 65%.

(8)

Minimum unoccupied open space: 15%.

(9)

Maximum floor area ratio: no requirements.

§ 490-151 BR-2 Business/Residential-2 District.

[Added by Ord. No. 1998-4; amended by Ord. No. 1998-33; Ord. No. 2004-21]

Permitted uses:

(1)

Detached single-family dwellings.

(2)

[Amended 9-28-2009 by Ord. No. 2009-38]

(3)

Multifamily dwellings, known as "garden apartments" or "apartment houses," at a density not to exceed 16 units per gross acre, subject to § 490-96 of this chapter.

[Amended 9-28-2009 by Ord. No. 2009-38]

(4)

Multifamily dwellings, known as "townhouses," at a density not to exceed 14 units per gross acre, subject to § 490-96 of this chapter.

[Amended 9-28-2009 by Ord. No. 2009-38]

(5)

Professional offices.

(6)

Business offices.

(7)

Home professional offices.

(8)

Retail commercial uses, except:

(a)

Large food stores exceeding 8,000 square feet, commonly called "supermarkets."

(b)

Thrift stores, secondhand shops selling used clothing or merchandise, pawnshops and consignment shops.

(c)

Shops which offer for sale firearms and/or ammunition.

(9)

Personal service establishments, except:

(a)

Massage services.

[Amended 9-28-2009 by Ord. No. 2009-38]

(b)

(Reserved)[1]

[1]

Editor’s Note: Former Subsection A(9)(b), Tattoo parlors/body piercing, was repealed 10-10-2018 by Ord. No. 2018-24.

(c)

Tarot, palm readings, psychics.

(10)

Primary food-service establishments.

(11)

Mortuary and funeral homes.

(12)

Hotels and motels.

(13)

Banks, trust companies and deposit institutions without drive-up facilities.

[Amended 9-25-2019 by Ord. No. 2019-61]

(14)

Commercial recreation facilities in that portion of the zone north of Chestnut and east of West Street and which have a first-floor area in excess of 20,000 square feet.

(15)

Essential services.

(16)

Commercial recreational uses.

[Added 11-7-2018 by Ord. No. 2018-30]

Required accessory uses:

(1)

[Amended 4-12-2010 by Ord. No. 2010-15]

(2)

[Amended 4-12-2010 by Ord. No. 2010-15]

(3)

Off-street parking and off-street loading requirements may be met by:

[Amended 4-12-2010 by Ord. No. 2010-15]

(a)

Providing the required spaces on site.

(b)

(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 Subsection B(3)(a), (b) and (c) acceptable to the municipal agency.

(4)

(Reserved)[2]

[2]

Editor's Note: Former Subsection B(4), regarding contribution to the Red Bank Borough Municipal Parking Utility Capital Improvement Fund, as amended 9-28-2009 by Ord. No. 2009-38, was repealed 4-12-2017 by Ord. No. 2017-13.

(5)

Buffers and screening, subject to the requirements of § 490-81 of this chapter.

Permitted accessory uses:

(1)

Fences and hedges, subject to the provisions of § 490-91 of this chapter.

(2)

Private garage space or commercial parking facilities for the storage of motor vehicles, provided that the garage, whether attached or detached, shall be arranged to open to the side or rear of the lot, unless detached and located entirely to the rear of the principal structure.

[Amended 9-28-2009 by Ord. No. 2009-38]

(3)

Signs, subject to the provisions of § 490-104 of this chapter, as follows:

(a)

For multifamily dwellings: minor and Type A signs and one Type G3 or G4 sign.

(b)

For all other permitted uses:

[1]

Minor and Type A and B signs.

[2]

Types G3 and G4.

[3]

Type W2 or W3.

[4]

One Type R2 or Type R3 per public entrance.

(4)

Off-street loading within enclosed storage structures.

(5)

(6)

Personal earth terminal, subject to the provisions of § 490-114 of this chapter.

Conditional uses:

(1)

Churches and places of worship.

(2)

Public utilities.

(3)

Shopping centers.

(4)

Educational uses.

(5)

Nursery schools.

(6)

Commercial parking facilities.[3]

[Added 9-28-2009 by Ord. No. 2009-38]

[3]

Area, yard and structure requirements:

(1)

Minimum lot area:

(a)

Detached single-family and home professional offices: 4,500 square feet.

(b)

Garden apartments and apartment houses: 45,000 square feet.

(c)

Townhouse: 25,000 square feet.

(d)

Other uses: 10,000 square feet.

(2)

Minimum lot frontage:

(a)

Detached single-family and home professional offices: 50 feet.

(b)

Garden apartments and apartment houses: 150 feet.

(c)

Townhouses: 100 feet.

(d)

Other uses: 100 feet.

(3)

Minimum front yard setbacks:

[Amended 9-28-2009 by Ord. No. 2009-38]

(a)

All uses: 25 feet.

(4)

Minimum rear yard setback:

(a)

Principal structure: 25 feet.

(b)

Accessory structure: five feet.

(5)

Minimum side yard requirement:

(a)

Detached single-family and home professional office: 10 feet, except for the following:

[Amended 9-28-2009 by Ord. No. 2009-38; 12-5-2012 by Ord. No. 2012-20]

[1]

[2]

(b)

Garden apartments and apartment houses: 15 feet, except that both side yards combined shall be not less than 40 feet.

(c)

Townhouses: 15 feet.

(d)

Other uses: 10 feet.

(e)

Exception: minimum side yard for accessory buildings: four feet.

(6)

Maximum structure height:

[Amended 9-28-2009 by Ord. No. 2009-38]

(a)

Detached single-family dwellings: 35 feet and not to exceed 2 1/2 stories.

(b)

Other uses: 40 feet and not exceeding three stories.

(7)

Minimum gross habitable floor area:

[Amended 9-28-2009 by Ord. No. 2009-38]

(a)

Efficiency units: 750 square feet.

(b)

One-bedroom unit: 900 square feet per unit.

(c)

Two-bedroom unit: 1,100 square feet per unit.

(d)

Three-bedroom unit: 1,250 square feet per unit.

(e)

Garden apartments and apartment houses: 1,000 square feet per unit with at least 500 square feet per unit of ground floor area.

(f)

Townhouses: 1,000 square feet per unit with at least 700 square feet per unit of ground floor area.

(g)

Other uses: no requirements.

(8)

Maximum lot coverage of principal and accessory structures:

(a)

Detached single-family: 35%.

(b)

Garden apartments and apartment houses: 45%.

(c)

Townhouses: 45%.

(d)

Other uses: 50%.

(9)

Minimum unoccupied open space:

(a)

Detached single-family: no requirements.

(b)

Garden apartments and apartment houses: 25%.

(c)

Townhouses: 20%.

(d)

Other uses: 15%.

(10)

Maximum floor area ratio:

(a)

Nonresidential uses: 2.0.

(b)

Mixed uses: 1.75.

§ 490-152 AH Affordable Housing Overlay District.

[Added 11-13-2006 by Ord. No. 2006-53]

Purpose. The purpose of the Affordable Housing Overlay District is to provide an opportunity to develop affordable housing to meet present and prospective housing needs, with particular attention to low- and moderate-income housing, in conformance with the requirements of the New Jersey Council on Affordable Housing ("COAH").

Applicability. The Affordable Housing Overlay District shall be applied to Block 75.01, Lots 81, 83 through 85; Block 75.03, Lots 50.01, 65 and 69 and the portion of Lot 75.01, Lot 82.01 that lies north of a line drawn between the northwest corner of Block 75.01, Lot 86 to the southeast corner of Block 75.01, Lot 81. This district shall further require a minimum tract size of 1.95 acres for development. The Official Zoning Map[1] of the Borough of Red Bank is hereby amended in accordance with the foregoing and is incorporated by reference.

[1]

Editor's Note: The Zoning Map is included at the end of this chapter.

Principal permitted uses: townhouse or multifamily dwellings. Such units may be owner-occupied, or age-restricted or rental units. At least 25% of all dwelling units shall be rental units, and at least 25% of all dwelling units shall be owner-occupied. All uses in this zone shall be in accordance with, and subject to, COAH regulations and/or approvals.

Accessory uses. The following shall be permitted:

(1)

Off-street parking facilities.

(2)

Fences in accordance with the standards of § 490-91 of this chapter, except that noise barriers shall be exempt from the height restrictions contained in § 490-91.

(3)

Active recreation shall be required.[2]

[2]

Editor's Note: Amended at time of codification of the Planning and Development Regulations.

Bulk, area and building requirements. The following requirements shall apply:

(1)

Maximum lot coverage (buildings): 65%.

(2)

Maximum building height: 50 feet (3 stories).

(3)

Minimum unoccupied open space: 10%.

(4)

Minimum gross habitable floor area:

(a)

Efficiency units: 750 square feet per unit.

(b)

One-bedroom units: 900 square feet per unit.

(c)

Two-bedroom units: 1,100 square feet per unit.

(d)

Three-bedroom units: 1,250 square feet per unit.

(5)

Setback from public streets: 20 feet.

(6)

Setback from other property lines: 7.5 feet.

(7)

Minimum distance between principal buildings: 15 feet.

(8)

Maximum building length: 175 feet.

(9)

Minimum distance between principal buildings and internal drives: five feet.

(10)

Minimum distance between principal buildings and parking areas: 10 feet.

Bedrooms per unit. The number of bedrooms per unit shall be in accordance with COAH regulations or resolutions of approval.

Density requirements. The maximum permitted density shall be 16 units per acre.

Parking standards. Multifamily dwellings shall provide two parking stalls per dwelling unit. Under the Residential Site Improvement Standards, N.J.A.C. 5:21-4.14(c), alternative parking standards shall be accepted if the applicant demonstrates that other standards better reflect local conditions.

Income restrictions. Consistent with N.J.A.C. 5:80-26.3(a), at least half of the units (50%) shall be available to low-income households; the balance may be affordable to either low- or moderate-income households.

Marketing. All dwelling units shall be affirmatively marketed in accordance with the Council on Affordable Housing regulations. All rental units shall be rented in accordance with the Council on Affordable Housing regulations.

Accessibility. In accordance with N.J.A.C. 5:94-4.21, as of October 1, 2006, the Fair Housing Act requires that the first floor of all multifloor dwellings must be adaptable for use by physically disabled persons in order to be eligible for COAH credit.

§ 490-153 (Reserved) [1]

[1]

Editor’s Note: Former § 490-153, AH-1 Affordable Housing Overlay District One, was repealed 4-24-2019 by Ord. No. 2019-19.

§ 490-154 Train Station Redevelopment Plan.

[Added 9-28-2009 by Ord. No. 2009-39; amended 4-12-2017 by Ord. No. 2017-13; 9-25-2019 by Ord. No. 2019-62; 8-14-2025 by Ord. No. 2025-17]

The Borough has adopted the "Red Bank Train Station Redevelopment Plan" dated June 6, 2025, for the properties identified as Block 41, Lots 1, 2, 3, 4, 5, 6.01, 6.02, and 7; Block 63, Lots 5, 5.01, 6, 7, and 7.01; Block 75, Lots 104, 104.01, 171, 172, 177, and 178; Block 75.02, Lots 169 and 170.01; Block 75.05, Lot 16.01; Block 75.06, Lots 7 and 8.0 on the Tax Map of the Borough of Red Bank, pursuant to N.J.S.A. 40A:12A-7.

The zoning district map in the zoning ordinance of the Borough is hereby amended to include the properties per the boundaries described in the Redevelopment Plan and the provisions thereon.

The Red Bank Train Station Redevelopment Plan is available as Attachment 7 to this chapter.[1]

[1]

Editor's Note: Said redevelopment plan is included as an attachment to this chapter.