Red Bank City Zoning Code
ARTICLE IX
Conditional Uses
§ 490-119 Findings; intent; guiding standards and principles.
[Amended by Ord. No. 1988-21]
Recognizing that certain uses, activities and structures are necessary to serve the needs and provide for the convenience of the citizens of the Borough and, at the same time, appreciating the fact that they or any one of them may be or may become inimical to the public health, safety and general welfare of the community if located without due consideration to the existing conditions and surroundings, such uses are designated as conditional uses subject to the standards and regulations hereby established. These standards and regulations are intended to provide the Planning Board with a guide for reviewing applications for conditional uses as provided for by this chapter. As a result of the review procedure, the applicant may be required to meet additional standards and regulations imposed by the Planning Board during site plan review which are in keeping with and will further the intent of these standards and regulations. Such standards and regulations shall be provided for and maintained as a condition of the establishment and maintenance of any use to which they are a condition of approval. In acting upon an application for conditional use approval, the Planning Board shall be guided by the following standards and principles:
A.
The use for which an application is being made is specifically listed as a conditional use within the zone where the property is located.
B.
The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected, and reasonable consideration is afforded to the following:
(1)
The compatibility of the proposed use(s) and/or structure(s) within the existing neighborhood.
(2)
The potential effect that the proposed use(s) and/or structure(s) will have upon property values.
(3)
The adequacy of the proposed parking and traffic circulation for the use(s) and/or structure(s) and the potential for traffic congestion and/or the creation of undue traffic hazards.
(4)
The need for such facility or use(s) to serve the area in which it is to be located.
(5)
The adequacy of proposed drainage facilities which will serve the use(s) and/or the structure(s).
(6)
The adequacy of plans for screening any adverse aspects of the use(s) and/or structure(s) from adjoining properties.
(7)
The adequacy of proposed outdoor lighting.
(8)
Compliance with the standards, principles and objectives of the Master Plan.
(9)
Compliance with the design standards, general provisions, submission requirements and other appropriate provisions of this chapter.
C.
All conditional uses shall also be required to obtain site plan approval, unless otherwise specified in this chapter.
D.
Conditional uses shall conform to the standards of the zone district, except where substitute, alternative, additional or more or less restrictive standards are specified hereinafter for the particular conditional use.
(1)
Failure to conform to a standard of this section applying only to a conditional use shall require approval of a special reasons variance pursuant to § 490-8K(1)(d)[1]. Failure to conform to a standard applying to all uses in the zone district shall require approval of a variance pursuant to § 490-8K(2) or 490-8K(1)(c) or a design deficiency waiver pursuant to § 490-79E of this chapter.
§ 490-120 Churches and places of worship.
[Amended by Ord. No. 1988-21]
A.
The minimum lot area shall be two acres.
B.
The minimum lot width shall be 200 feet.
C.
No principal building shall be located closer than 50 feet to any side or rear property line.
D.
No accessory building shall be located closer than 30 feet to any side or rear residential property line.
E.
Maximum lot coverage: 15%.
F.
The height of structures to be constructed may exceed the maximum height requirements of this chapter; provided, however, that the front, rear and side yard requirements set forth above shall be increased by two feet for each foot by which the height of the structure exceeds the maximum height which would be otherwise permitted by this chapter, and further provided that in no case shall any proposed structure exceed 50 feet in height.
§ 490-121 Public utilities.
[Amended by Ord. No. 1988-21; 7-11-2012 by Ord. No. 2012-14]
Public utilities include water towers, pumping stations, electric substations, radios, towers, transmission and distribution lines, switching stations and similar facilities, as well as structures or appurtenances that may impact a public sidewalk or right-of-way, which must be provided above ground.
A.
A statement is submitted setting forth the reasons that the proposed installation must be provided above ground in a specific location and why it is necessary and convenient for the efficiency of the public utility system or for the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.
B.
The design of any building in connection with such facility or any separate structure or appurtenance conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.
C.
Adequate and attractive fences and other safety devices will be provided.
D.
Sufficient landscaping, including shrubs, trees and lawn or other attractive screening, is provided and will be periodically maintained.
E.
The public utility use and lot meet all the applicable minimum requirements of the district in which it is located, except that it need not have the minimum required lot area. Only one principal building will be permitted on the lot, and a paved parking area under the provisions of § 490-98 of this chapter is required.
G.
Any structure or appurtenance related to or separate from the installation shall not encroach upon or unreasonably interfere with the use of public sidewalks or rights-of-way.
§ 490-122 Cannabis retailers. [1]
[Added 8-18-2021 by Ord. No. 2021-17]
A.
Cannabis retailers shall not sell alcohol or tobacco within the facility.
B.
Cannabis retailers may not be located within any other businesses, and may be located in buildings with other uses only if the cannabis business is separated by full walls and with a separate entrance. No more than one cannabis business shall be located on a single parcel.
C.
Cannabis plants, products, and paraphernalia shall not be visible from outside the building in which the cannabis retailer is located.
D.
No cannabis retailer may open to customers for business before 8:00 a.m. or remain open to customers for business after 10:00 p.m.
E.
Cannabis retailers must provide a detailed security plan and receive approval of such plan from the Red Bank Police Department.
F.
Otherwise compliant signage shall be permitted as specified for the zone in which the cannabis retailer is proposed or operating.
[1]
Editor’s Note: Former § 490-122, Motor vehicle service stations, was repealed 9-25-2019 by Ord. No. 2019-60.
§ 490-123 Motor vehicle repair garages.
[Amended by Ord. No. 1988-21]
A.
Motor vehicle repair garages shall have a lot area of not less than 20,000 square feet with a minimum frontage of 150 feet on one street. If the lot requirements for the zone are greater, they shall take precedent. In any case, the minimum structure setback from residential uses shall be 35 feet, including pavement areas.
B.
No outdoor oil drainage pits or hydraulic lifts shall be permitted.
C.
Any repair of motor vehicles shall be performed in a fully enclosed building.
D.
All motor vehicles awaiting repair or under repair which are stored out of doors shall be screened from the public by a solid fence and/or evergreen plantings as required by the Planning Board.
E.
No motor vehicle awaiting repair or under repair may be stored out of doors within the required front yard area; within 20 feet of any side or rear lot line; or within 50 feet of any adjoining lot within a residential zone.
F.
No motor vehicle repair garage shall be located within 500 feet of any public entrance to a church, school, library, hospital, fire station, park, playground, charitable institution, or place of public assemblage. The distance shall be measured in a straight line along the center line of streets forming the shortest route from a point opposite the nearest boundary from said public entrance to a point opposite the nearest boundary of the repair garage lot.
H.
The maximum lot coverage shall be 20% of the lot area.
I.
The minimum unoccupied open space shall be 30% of the lot area.
§ 490-124 Shopping centers.
[Amended by Ord. No. 1988-21]
§ 490-125 Marinas; boatyards.
[Amended by Ord. No. 1988-21]
A.
No principal or accessory structure shall be located closer than 50 feet to any street line or 25 feet to other property lines, except that buildings for boat construction, repair or maintenance shall not be located closer than 50 feet to any property line.
B.
Boats shall not be stored or displayed closer than 35 feet to any street line or 20 feet to any other property line.
C.
No railway or other launching facility shall be located closer than 20 feet to any property line.
D.
Adequate utilities shall be supplied to each boat slip, including electricity, lighting and water supply and sewerage.
E.
Required parking areas may be utilized for outdoor boat storage from October through April.
F.
Minimum upland lot areas shall be 15,000 square feet.
G.
Signs shall be permitted as specified for the zone in which the use is proposed.
§ 490-126 Educational uses.
[Amended by Ord. No. 1988-21]
Educational uses include public, parochial or private elementary or secondary schools duly licensed by the State of New Jersey, attendance at which is sufficient compliance with the compulsory education requirements of the state.
A.
Convents, social halls and similar uses which are accessory to the educational use shall be permitted.
B.
Nursery schools with an attendance of more than 25 children shall be considered educational uses and shall be subject to the provisions of this section.
C.
Nursery schools serving more than 25 children shall contain a minimum lot area of three acres, plus one acre for each 25 children or fraction thereof.
D.
Elementary schools shall have a minimum lot area of five acres, plus one acre for each 25 students or fraction thereof.
E.
Secondary schools shall have a minimum lot area of 10 acres, plus one acre for each 25 students or fraction thereof.
F.
Educational uses shall be screened from adjacent residential zones or existing residences adjacent to the site in accordance with the provisions of § 490-81B of this chapter and/or shall provide fencing along such property lines as may be deemed adequate by the Planning Board.
G.
Minimum building setback shall be 50 feet.
H.
Minimum unoccupied open space shall be 35%.
§ 490-127 Nursery schools.
[Amended by Ord. No. 1988-21]
Nursery schools include schools serving more than five but not more than 25 children duly licensed by the State of New Jersey. Those serving 25 or more shall be considered educational uses.
A.
A statement setting forth full particulars on the building and/or use is submitted.
C.
Accessory buildings shall not be located closer than 20 feet to any residential property line.
D.
The use shall be screened from adjacent residential zones and existing residential structures in accordance with the provisions of § 490-81B of this chapter.
E.
The Planning Board shall determine that the proposed use will in no way be detrimental to the surrounding property values, and the structure or use proposed shall serve a useful purpose in the Borough and otherwise promote the general welfare of its residents.
§ 490-128 Public and quasi-public recreation areas.
[Amended by Ord. No. 1988-21[1]]
Public and quasi-public recreation areas include parks, playgrounds, golf courses, tennis courts and swimming pools, and the following shall apply:
B.
Minimum lot area: five acres.
C.
Maximum lot cover by buildings and structures (including swimming pools): 20% of the lot area.
D.
Minimum unoccupied open space: 25%.
E.
No building, structure, recreation area or parking area shall be located closer than 25 feet to a residential property line.
F.
The use shall be screened from adjacent residential zones or adjacent existing residences in accordance with the provisions of § 490-81B of this chapter and/or shall provide fencing as may be deemed adequate by the Planning Board.
G.
Off-street parking requirements shall be determined by the Planning Board, except that, where swimming pools are provided, the off-street parking requirements shall be not less than the requirements under § 490-85C of this chapter, plus such additional parking as may be deemed necessary by the Planning Board.
[1]
Editor's Note: Amended at time of codification of the Planning and Development Regulations.
§ 490-129 Commercial recreation facilities.
[Amended by Ord. No. 1988-21; 8-24-2009 by Ord. No. 2009-28]
Commercial recreation facilities include theaters, drive-in theaters, bowling alleys, tennis clubs, racquetball clubs, health clubs, skating rinks, miniature golf courses, driving ranges, amusement centers, dance halls, commercial swimming pools and similar uses. For the purposes of this section, a facility's status as a commercial recreation facility shall not be dependent upon whether the facility, or its owner, is a for-profit or a not-for-profit entity.
A.
The proposed use shall be screened from adjacent residential zones and existing adjacent residences in accordance with the provisions of § 490-81B of this chapter.
B.
The applicant shall submit a written report setting forth the full particulars of the proposed use, including hours of operation, anticipated customer volume, parking facilities necessary to service such customer volume and measures to be taken to avoid nuisance effects upon adjacent and nearby residential areas.
C.
No building, structure, active recreation use or parking areas shall be located closer than 25 feet to any residential property line.
D.
Off-street parking requirements shall be determined by the Planning Board based upon evidence submitted by the applicant and requirements of similar type uses presently in operation.
F.
No commercial recreation facilities shall be located within 200 feet of an existing school or church.
G.
Maximum lot coverage by buildings and structures (including swimming pools): 40%.
H.
Minimum unoccupied open space: 10%.
I.
Signs shall be permitted as specified for the zone in which the use is proposed.
§ 490-130 Commercial parking facilities.
[Amended by Ord. No. 1988-21; 9-28-2009 by Ord. No. 2009-40]
Commercial parking facilities include self-park and attendant parking surfaces, structures or garage facilities, whether underground or vertical, where a fee or charge is required for its use. No commercial parking facility shall be considered as a means of providing off-street parking.
A.
All commercial parking facilities shall provide parking for a minimum of 20 vehicles.
C.
Attendant parking facilities may provide for the stacking of automobiles, provided that it is not necessary to move more than two automobiles to gain access to another automobile.
D.
Commercial parking facilities shall be screened from adjacent residential uses or residential zones in accordance with the provisions of § 490-81B of this chapter.
E.
Commercial parking facilities shall provide an accessory building with sanitary facilities, or alternative plans for sanitary facilities shall be submitted in writing for approval.
G.
Surface parking facilities shall meet all area, yard and structure requirements for principal structures in the particular zone, except that vertical parking garages shall conform to the following:
(1)
Minimum lot area: 20,000 square feet;
(2)
Twenty-five feet from any property line;
(3)
Fifty feet from any residential use on any adjacent property;
(4)
One hundred feet from any residential zone district property;
(5)
Minimum unoccupied open space: 20%;
(6)
Maximum height: 45 feet or the maximum height permitted;
(7)
All applications for a vertical parking garage on properties abutting or clearly visible from the Navesink River shall include maximum feasible design precautions which will minimize visibility of parking from the river. As a minimum, the precautions will achieve visibility of no more than two levels on 30% of the perimeter visible from the river and visibility of no more than one level on 60% of the perimeter visible from the river.
H.
There shall be no direct access to a single-story parking garage facility from the street. All vehicular access to the garage structure(s) shall be from the side yard, rear yard or lot interior.
I.
All commercial parking facilities shall have artificial lighting that will provide a minimum lighting level of 0.5 horizontal footcandle throughout the parking areas and access drives. Shielding shall be required where necessary to prevent glare upon adjacent properties or streets.
J.
Minimum unoccupied open space: 20%.
K.
Signs shall be permitted as specified for the zone in which the use is proposed.
L.
The architectural design and materials used in construction of commercial parking facilities shall be compatible with established architecture and development patterns in the area. When the parking facility is an accessory structure, it shall conform to the design and building materials used in the construction of the main structures.[1]
[1]
Editor's Note: Original § 25-9.14, Mixed-use residential, as amended, which immediately followed this section, was repealed at time of codification of the Planning and Development Regulations.
§ 490-131 Home occupations.
[Amended by Ord. No. 1988-21]
A.
There shall be no more than two employees other than the bona fide residents of the dwelling.
B.
The portion of the dwelling utilized for a home occupation shall not exceed 50% of the first-floor area of the dwelling nor 25% of the total floor area of the dwelling.
C.
The occupation shall be conducted entirely within the dwelling or within an accessory building or buildings.
§ 490-132 Commercial earth terminal.
[Amended by Ord. No. 1988-21]
A.
Minimum lot area shall be 15,000 square feet.
B.
Minimum lot width shall be 100 feet.
C.
Design standards. All commercial earth terminals shall fully comply with the following:
(1)
A commercial earth terminal shall not be located in a front yard or to the front of a street, rear or side yard, shall not be closer to any property line than the height of the commercial earth terminal, and shall not be located in a buffer area.
(2)
A commercial earth terminal shall not violate the rear or side yard setback requirements applicable to the principal buildings within the particular district as set forth in this chapter.
(3)
The commercial earth terminal support shall be erected on a secure foundation.
(4)
If erected on the ground, the height of a commercial earth terminal shall not exceed 20 feet.
(5)
If erected on a building or other structure, the height shall not exceed the height permitted in the zone by more than five feet, nor shall the terminal be more than 10 feet above the structure.
(6)
The main reflector of a commercial earth terminal shall not exceed a diameter of six meters.
(7)
All wiring or connecting cables between a ground-mounted commercial earth terminal and the principal building on the property shall be buried underground.
(8)
Any accessory building of the commercial earth terminal used for housing equipment necessary for the operation of the commercial earth terminal shall not be greater than one story, shall not exceed a building height of 12 feet, and shall not exceed 150 square feet in area.
(9)
A commercial earth terminal shall be surrounded by a nonclimbable fence or other suitable barrier of a minimum height of six feet designed to prevent access to the earth terminal and may be equipped with appropriate lighting and an alarm system which shall not be offensive to surrounding properties.
(10)
A ground-mounted commercial earth terminal shall be so located and shall be effectively screened from view by natural plants, trees or other suitable sight barrier, which shall be maintained in good condition, in order to minimize the noise and visibility of the commercial earth terminal from any adjacent property and public street, as approved by the Planning Board.
(11)
Only one earth terminal shall be permitted on the applicant's property.
(12)
A commercial earth terminal shall be accessory to the principal building and incidental to the use of the principal building, and the occupants of the principal building shall be the principal users of the commercial earth terminal.
(13)
Transmission of electrical signals to or from a commercial earth terminal or to or from an off-site ground location shall only be through underground or aerial wire, cable or fiber optic facilities. Terrestrial microwave communication directly between earth terminals or via passive reflectors both located within the Borough is prohibited.
(14)
The construction and operation of a commercial earth terminal shall fully comply with all applicable federal and state statutes, regulations and requirements, including those pertaining to safety levels of radio frequency electromagnetic fields with respect to human exposure. In the absence of federal or state regulations pertaining to safety levels of radio frequency electromagnetic fields with respect to nonoccupational human exposure, the levels of electromagnetic energy emitted by the commercial earth terminal and at any point accessible to the public shall be no more than 0.1 of the applicable safety levels as set forth in the American National Standard Institute "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 300 kHz to 100 GHz," ANSI C95.1-1982.
D.
Testing requirements.
(1)
An applicant receiving approval for the construction, placement and operation of a commercial earth terminal which transmits electromagnetic energy shall not operate it, except for testing purposes, unless the applicant conducts actual field measurements of the levels of electromagnetic energy emitted by the commercial earth terminal at the point specified below and files a statement with the administrative officer of the Borough certifying that the measured levels do not exceed the safety levels specified in Subsection C(14) of this section.
(2)
All such measurements shall be made with the commercial earth terminal operating at the maximum Federal Communications Commission approved power level or shall be sealed to correspond to the maximum Federal Communications Commission approved power level. These measurements shall be made with a measuring device having a sensitivity adequate to measure levels of electromagnetic energy at the frequency of operation equal to 0.01 of the applicable safety levels set forth in ANSI C95.1-1982 and shall be taken in at least the following locations:
(a)
The top of the protective fence surrounding the commercial earth terminal at a point directly under the center line of the main beam of the antenna pattern of the commercial earth terminal and the top of this fence at points every 5° from the center line of the beam up to 45° and at points every 15° up to 90° in either direction;
(b)
The property line of the applicant's property at a point directly beneath the center line of such beam;
(c)
The occupied space nearest the center line of such beam of any building identified as being within 15° of the center line of such beam, if requested by the property owner; and
(d)
The roof peak or highest accessible point of all buildings on the applicant's property at a point closest to the center line of such beam.
(3)
If the direction of the main reflector of such a commercial earth terminal is subsequently changed or the Federal Communications Commission approved power level is increased, the applicant shall again conduct such actual field measurements and file a statement with the Planning Board and Construction Official of the Borough certifying that the measured levels do not exceed the safety levels specified in Subsection C(14) of this section and that the commercial earth terminal is in compliance with all applicable federal and state statutes, regulations and requirements within 14 days of such change of direction or increase in approved power level.
(4)
Report filing requirements. In addition, an applicant receiving conditional approval for the installation and maintenance of an earth terminal shall thereafter, on a continuing and timely basis, file with the Construction Official of the Borough of Red Bank, within 10 days of their submission, copies of such periodic government reports as are required to be filed with federal and state agencies.
§ 490-133 Signs permitted as conditional uses. [1]
Signs as specified in § 490-104D(3)(c) of this chapter may be permitted as conditional uses in those zones specified, provided that they adhere to the following objectives, design criteria and requirements:
B.
Design criteria. The Board, in determining compliance with this provision, shall consider but shall not be limited in its consideration to the following:
(1)
The placement and configuration of the proposed sign as it relates to all vehicular and pedestrian movement patterns to ensure that no physical or visual obstruction to save movement shall be created.
(2)
The architectural compatibility of the proposed sign, evaluated in terms of color, size, shape, materials, height and graphic content, with all surrounding buildings.
(3)
The visual impact of the proposed sign on all surrounding signs, evaluated in terms of impairment of visibility and graphic compatibility.
(4)
The landscape treatment at the base of all ground signs to ensure that the sign will be in harmony with the existing and proposed landscaping in the area.
(5)
The effect of any proposed sign height or area to meet the objectives set forth in § 490-104A of this chapter.
(6)
The necessity of increased sign height or area to meet the objectives set forth in § 490-104E(3) of this chapter.
C.
Requirements.
(1)
The sign shall conform to all standards for the specific sign type as provided in § 490-104E(3) of this chapter (Schedule A[2]).
[2]
Editor's Note: Schedule A is included at the end of this chapter.
(2)
[3]
Editor's Note: Original § 25-9.20c3, pertaining to ground signs which are conditional uses, which immediately followed this subsection, was repealed at time of codification of the Planning and Development Regulations; and original § 25-9.21, Vertical parking garage, which immediately followed this section, was repealed by Ord. No. 1988-21.
[1]
Editor's Note: Amended at time of codification of the Planning and Development Regulations.