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Red Bank City Zoning Code

CHAPTER 4

- OFFICE AND COMMERCIAL ZONES

Sec. 14-401.- O-1 office zone.

401.01

Permitted uses.

(A)

Offices.

(B)

Single-family dwellings, excluding manufactured or mobile homes.

(C)

Schools and libraries.

(D)

Churches.

(E)

Professional, medical or dental office, and clinics, excluding plasma collection centers, which are not permitted.

(F)

Laboratories and research centers not objectionable because of odor, dust, noise or vibration.

(G)

Fire stations and other publicly owned buildings.

(H)

Accessory uses and buildings.

(I)

Signs incidental to the permitted uses, except that only one sign shall be permitted for each structure, which sign shall be setback at least ten feet from any property line. The sign shall not exceed 48 square feet in area. If illuminated, the sign shall be indirectly lit in such a way that the light source cannot be seen from any public way or adjoining property. The lighting intensity shall not exceed 25-foot candles at the face of the sign. No flashing or intermittent lights will be permitted.

(J)

Parks and playgrounds.

401.02

Uses permitted by special exceptions permit by the Red Bank City Commission upon recommendation by the Red Bank Planning Commission.

(A)

Day care centers.

(B)

Fraternal, professional, or hobby organizations or clubs.

(C)

Communications towers (See chapter 11).

(D)

Commercial parking lots when abutting commercially or industrially zoned properties.

401.03

Height and area regulations.

(A)

No building shall exceed two and one-half stories or 35 feet in height except that a building may exceed these requirements provided that for every foot of additional height over 35 feet, the building shall be setback one additional foot from all property lines.

(B)

There is no minimum lot size except for single-family which shall have a minimum lot size of 7,500 square feet on central sewer. If other disposal means, lot size shall be determined by the Chattanooga-Hamilton County Health Department.

(C)

Minimum frontage shall be 60 feet.

(D)

There shall be a front yard of not less than 25 feet, and a back yard of not less than 25 feet.

(E)

There shall be a side yard of not less than ten feet when a permitted use joins a residential zone. For corner lots, the side yard shall be not less than 25 feet on the side street.

(F)

There shall be a rear yard of not less than 25 feet where a permitted use adjoins a residential zone.

(G)

Other than as provided above, no other front, side or rear yards are required, except where buildings are separated, the distance between them shall be at least 20 feet.

401.04

Screening requirements. See chapter 9, screening regulations.

401.05

Design review requirements. See chapter 10, design review regulations.

401.06

(1) Uses permitted in other zones except as expressly permitted in this zone.

(2) Alternative financial services.

(3) In general, uses which are not in keeping with the intent of this zone.

(Ord. No. 20-1179, § 5, 1-5-2021)

Sec. 14-402. - C-1 commercial zone.

402.01

Intent. It is the intent of the C-1 commercial zone to:

(A)

Promote a diverse mix of retail and service uses to serve both area residents and customers traveling to and from other neighborhoods and places of employment;

(B)

Balance the need to accommodate automobile-oriented commerce with the need to promote more pedestrian-oriented development in the commercial corridor;

(C)

Minimize conflicts between uses in and around the district through landscape and buffering requirements;

(D)

Emphasize access control to manage traffic generated by general commercial uses;

(E)

Promote quality residential development that enhances the character of the commercial corridor; and

(F)

Ensure that new development meets the intent of the Red Bank Design Review Standards.

The location(s) of C-1 commercial zoned properties are as shown on the official zoning map for the City of Red Bank.

402.02

Permitted uses.

(A)

Banks.

(B)

Barber/beauty shops.

(C)

Studios.

(D)

Restaurants and other establishments serving food and beverages.

(E)

Theaters.

(F)

Shoe repair.

(G)

Retail sales and service establishments.

(H)

Florists.

(I)

Schools, churches and other public and semi-public buildings.

(J)

Plumbing, workshops, electrical, radio and TV shops and other similar uses provided that not more than five persons are employed therein.

(K)

Hotels/motels, short-term residential units, subject to certification and issuance and maintenance of current short-term residential rental permit and/or certification as otherwise provided by in title 9, chapter 16, section 101 et seq., of the Red Bank City Code.

(L)

Outdoor display or storage or sale of merchandise between 8:00 a.m. and 8:00 p.m. and provided further that any such display, storage or sale shall not occupy more than 33⅓ percent of the frontage space of the outdoor street facing facade of the building itself nor more than 33⅓ percent of any area between the front facade of the building and the public right-of-way and may not obstruct the entrance to the building to pedestrian traffic or otherwise interfere with the required minimum number of off street parking spaces available for the premises as otherwise provided. Permitted uses exempt from outdoor storage requirements in this section include:

1)

New and used car, motorcycle, boat, farm equipment dealers;

2)

Gasoline service stations and auto repair centers;

3)

Hardware stores; home improvement stores;

4)

Grocery stores;

5)

Uses similar to the above in character and impact.

(M)

Signs advertising goods and services provided on-premises subject to height, setback and size limitations otherwise provided by ordinance of the city.

(N)

Bakeries whose products are sold at retail and on the premises.

(O)

Office buildings.

(P)

Small printer shops, except that the gross floor area shall not exceed 5,000 square feet.

(Q)

Residential uses when part of a mixed-use commercial development with only offices and/or commercial uses on the ground floor.

(R)

Accessory buildings and uses customarily incident to the above uses.

(S)

Deleted.

(T)

Single-family detached dwellings, except manufactured homes or single-wide mobile homes, under the following conditions:

1)

The lot is an existing lot of record, properly recorded at the Hamilton County Register's Office prior to the adoption of the Zoning Ordinance; Ordinance No. 15-1020, on second and final reading on February 17, 2015.

2)

The lot must abut or be directly across the right-of-way from an existing R-1 or R-1A residentially zoned property.

(U)

In general, any use similar in character and impact as the above uses. Final interpretation, if necessary shall be by the Red Bank City Commission upon recommendation of the planning commission.

(V)

Any new development, re-development or change of use shall be subject to the requirements of chapter 9, screening requirements, and chapter 10, design review requirements.

(W)

Micro-breweries and/or brew pubs, where beer, as otherwise defined and regulated in the Red Bank City Code and subject to all licensing and distance requirements thereof, is manufactured and distributed at wholesale and/or retail in a combined restaurant/brewery/micro-brewery/tavern setting. Provided that a special use permit issued or withheld pursuant to the standards and requirements set out in section 4.01.01 of the Red Bank City Code shall be precondition if the micro-brewery or brew pub use shall abut a residential zone. A micro-brewery and/or brew pub shall be defined as a business, occupying building space of 5,000 square feet or less of, where beer, as otherwise defined or regulated in title 8 of the Red Bank City Code is brewed or manufactured for sale at retail or wholesale for off-premises consumption only, but where a tasting room with complementary sampling of such on-site produced beer is otherwise permitted as an accessory use.

402.03

Uses permitted subject to issuance of a special exceptions permit by the Red Bank City Commission upon recommendation by the Red Bank Planning Commission when such uses abut any residential zone.

A site plan, drawn to a scale of one inch by 100 feet, shall be submitted with each request for special permits. The proposed structure, ingress and egress, parking, landscaping, signage, and other material as may be deemed necessary by the city manager or his/her designee.

In each case, the commissions shall find that the proposed use will be in harmony with the intent and purpose of the zoning ordinance and shall require such yard requirements, screening, landscaping, ingress and egress controls, sign controls, as may be needed to assure that the use will be compatible with surrounding property uses. The permit may be issued subject to finding that the use(s) will operate in such a manner so as to be in harmony with the intent of this zone.

(A)

Laundry and/or dry cleaning establishments; provided that no flammable materials are used.

(B)

Miniature golf courses and similar outdoor amusement facilities.

(C)

Off-street parking on lots in the R-2, R-3 and R-4 residential zones shall be permitted when such lots are adjacent to a C-1 zone provided plans for such off-street parking are approved by the city manager or his/her designee. Such plans shall also provide for the paving of all driveways and parking areas and adequate drainage of the lots.

(D)

Bowling alleys, or other indoor amusement.

(E)

Halfway house, alcohol and drug rehabilitation centers.

(F)

Veterinarians offices.

(G)

Funeral homes and undertaking establishments.

(H)

Car washes.

(I)

Hospitals and clinics and social agencies.

(J)

Assisted living facilities.

(K)

Nursing homes.

(L)

Mobile home parks under the following terms:

1)

The applicant presents plans and specifications for the proposed park to the city manager or his/her designee and the planning commission in a form suitable for making the determinations required therein.

2)

The proposed site shall contain not less than ten acres total, and 2,400 square feet per mobile home.

3)

Connections to a public or private sewage disposal system satisfactory to the Hamilton County Division of Groundwater Protection Agency or the Hamilton County Water and Wastewater Treatment Authority (WWTA), are provided for each mobile home space.

4)

Connections to a public water supply system are provided for each mobile home space.

5)

The demand for school, fire and police protection, and other public services and utilities created by the proposed park will not exceed the capacity of the agencies involved to provide such services.

6)

A greenbelt strip, not less than 20 feet in width, is located around the perimeter of the park except in those parts of the perimeter where such planting would create a traffic hazard by impairing visibility. Such greenbelt shall be composed of one row of deciduous and/or evergreen trees, spaced not more than 40 feet apart which grow to a height of six feet or more after two full growing seasons.

(M)

Adult-oriented establishments.

(N)

Apartments.

(O)

Alternative financial services; provided further that no alternative financial services establishment shall be located within 1,320 feet of any other alternative financial services establishment not within 50 feet of any residential zone, with the interval distances to be measured from property line to property line and the burden of establishing such to be on the applicant.

(P)

Professional, medical or dental office, and clinics, excluding plasma collection centers, which are not permitted.

(Q)

Printer shops, except that the gross floor area shall not exceed 20,000 square feet.

402.04

Height and area regulations.

(A)

No building shall exceed in height the shortest distance from such building to the nearest boundary of a residential zone or the M-1 zone.

(B)

There shall be a front yard setback from the public right-of-way of not less than seven feet and not greater than 25 feet.

(C)

There shall be a side yard of not less than ten feet where permitted use adjoins a residential zone or a M-1 zone.

(D)

There shall be a rear yard of not less than 25 feet where the permitted commercial use adjoins a residential zone.

402.05

Off-street parking regulations. See section 14-406, minimum off-street parking and loading space regulations.

402.06

Screening requirements. See chapter 9, screening regulations.

402.07

Design review requirements. See chapter 10, design review regulations.

(Ord. No. 18-1136, § 1, 11-20-2018; Ord. No. 18-1138, § 1, 11-20-2018; Ord. No. 18-1135, § 1, 12-4-2018; Ord. No. 20-1173, § 1, 7-7-2020; Ord. No. 20-1179, § 6, 1-5-2021; Ord. No. 23-1223, §§ 1, 2, 2-7-2023; Ord. No. 22-1213, § 1, 6-21-2022)

Sec. 14-403. - Commercial billboards and signs.

403.01

There shall be permitted, within the applicable zones, no more than 72 commercial billboards and signs within the corporate limits of the City of Red Bank, notwithstanding any other provisions to the contrary. The city manager shall cause a census to be taken of the billboards within the corporate limits of the City of Red Bank which number shall be recorded and memorialized within the ordinances of the City of Red Bank and no permit shall be issued to any one requesting same which would cause the total number of billboards within the city to exceed the number of 72. The city manager or his/her designee shall cause a list to be maintained of applicants who shall be first in time as to the issuance of a subsequent application if a billboard is torn down, removed or abandoned and not rebuilt within the time otherwise permitted in the zoning code. Nothing contained herein shall require any owner of the property on which said billboard or commercial sign might otherwise be erected to give any preference to any firm or individual. Provided further that nothing contained herein shall prohibit the erection of a commercial sign or billboard on the premises for which the product or commodity is to be sold or furnished except that the same shall likewise be subject to height, setback, size limitations otherwise provided by the ordinances of this city.

Sec. 14-404. - C-2 commercial zone (central business district).

404.01

Intent. It is the intent of the C-2 commercial zone to:

(A)

Function as the central business district for the City of Red Bank;

(B)

Promote a mix of retail, service, civic and related uses that enhance the character of the central business district as a pedestrian-friendly town center where people come to shop, dine, work, and gather;

(C)

Create pedestrian-oriented development that connects businesses with the sidewalk and contributes to a continuous commercial frontage of a size and scale that is compatible with a small town;

(D)

Encourage mixed-use development and residential development that enhances the character of the central business district;

(E)

Ensure that uses are compatible with surrounding neighborhoods;

(F)

Discourage uses that cater exclusively to automobile-oriented customers; and

(G)

Ensure that new development meets the intent of the Red Bank Design Review Standards.

The location(s) of C-2 central business district of properties are as shown on the official zoning map for the City of Red Bank.

404.02

Permitted uses.

(A)

Banks.

(B)

Barber/beauty shops.

(C)

Studios and galleries.

(D)

Restaurants and delicatessens.

(E)

Theaters.

(F)

Shoe, musical instrument, jewelry repair and similar uses.

(G)

Retail sales.

(H)

Florists.

(I)

Schools, churches and other public and semi-public buildings.

(J)

Plumbing, electrical, radio, TV workshops provided no more than five persons are employed and that all related trucks and equipment are stored at the rear of the building, not visible from Dayton Boulevard.

(K)

Signs advertising goods and services provided on-premises subject to height, setback and size limitations provided by ordinance of this city.

(L)

Bakeries whose products are sold retail and on the premises.

(M)

Office buildings.

(N)

Small printer shops, except that the gross floor area shall not exceed 2,000 square feet.

(O)

Residential uses when part of a mixed-use commercial development with only office and/or commercial uses on the ground floor.

(P)

Accessory uses and uses customarily incident to the above uses.

(Q)

Professional, medical or dental office, and clinics, excluding plasma collection centers, which are not permitted.

(R)

Veterinary offices with no outdoor run areas.

(S)

Single-family detached dwellings, except manufactured homes, but to include short-term residential rental units, subject to certification and issuance and maintenance of current short-term residential rental permit and/or certification as otherwise provided by in title 9, chapter 16, section 101 et seq., of the Red Bank City Code.

(T)

Micro-breweries and/or brew pubs, where beer, as otherwise defined and regulated in the Red Bank City Code and subject to all licensing and distance requirements thereof, is manufactured and distributed at wholesale and/or retail in a combined restaurant/brewery/micro-brewery/tavern setting. Provided that a special use permit issued or withheld pursuant to the standards and requirements set out in section 4.01.01 of the Red Bank City Code shall be precondition if the micro-brewery or brew pub use shall abut a residential zone. A micro-brewery and/or brew pub shall be defined as a business, occupying building space of 5,000 square feet or less of, where beer, as otherwise defined or regulated in title 8 of the Red Bank City Code is brewed or manufactured for sale at retail or wholesale for off-premises consumption only, but where a tasting room with complementary sampling of such on-site produced beer is otherwise permitted as an accessory use.

(U)

Uses that are, in the judgment of the board of commissioners, deemed to be similar in character and impact to the above and meet the intent of this zone.

(V)

Taverns, wine and cocktail bars, brew pubs, micro-breweries and similar uses.

(W)

Limited fuel service facility, subject to limiting conditions:

1.

Appropriate sight and vegetative screening from adjacent residential zoned properties as required by the screening regulations set for the in chapter 9 of the zoning ordinance;

2.

Downward focused lighting with shading and screening of same as otherwise visible from adjoining properties and roadways, but subject to the design review requirements of the zoning ordinance;

3.

Fuel and limited automotive ancillary products only to be sold from premises, no other vehicular services or repair of any kind permitted;

4.

No more than four multi-product dispenser (MDP) fueling positions permitted on the premises;

5.

No more than one self-contained retail kiosk with a maximum of 300 square feet permitted on the premises and the kiosk shall be contained under the canopy or cover provided for the fueling positions;

6.

Any ancillary/rental buildings located on the property shall be utilized for nonrelated commercial retail uses as otherwise permitted for the C-2 zone except that convenience store, grocery store type uses shall not be permitted;

7.

No outdoor storage or display of retail merchandise, vending machines, or other products are permitted on the premises;

8.

No flashing signs and with all signs limited to 50,000 lumens per acre or less visible off or adjacent to premises; adhere to all other requirements of sign ordinance;

9.

On-premises buildings limited to 20 feet or less in height; canopy or cover for fuel pumps shall not be greater than 25 feet above grade and setback at least 25 feet from rights-of-way and all adjoining property lines;

10.

Site plan and final design subject to the design review requirements of chapter 10 of the zoning ordinance.

(X)

Outdoor display, storage or sale of merchandise between 8:00 a.m. and 8:00 p.m. and provided further that any such display, storage or sale shall not occupy more than 33⅓ percent of the frontage space of the outdoor street facing facade of the building itself nor more than 33⅓ percent, of any area between the front facade of the building and the public right-of-way and may not obstruct the entrance to the building to pedestrian traffic or otherwise interfere with the required minimum number of off street parking spaces available for the premises as otherwise provided. Permitted uses exempt from outdoor storage requirements in this section include.

1)

Grocery stores;

2)

Hardware stores; home improvement stores;

3)

Uses similar to the above in character and impact.

404.03

Prohibited uses.

(A)

Adult-oriented establishments, not limited to, but including night club and other late night entertainment establishments.

(B)

Warehouses, storage facilities, mini-warehouses, indoor or outdoor storage facilities, climate controlled storage facilities, or any other sort of commercial storage or warehousing facility or usage.

(C)

Mobile home parks.

(D)

Outdoor amusement facilities.

(E)

Drug, alcohol or correctional halfway houses, drug or alcohol rehabilitation centers or any similar use.

(F)

Funeral homes, crematories or related uses.

(G)

Car washes.

(H)

New or used automobile, boat, farm equipment, motorcycle, recreational vehicle sales or dealerships or uses similar in character.

(I)

Reserved.

(J)

Alternative financial services.

(K)

In general, any use not in keeping with the character and intent of this zone, i.e. uses expressly permitted in any other zoning district unless also expressly permitted in this zoning district, any industrial uses.

404.04

Height and area regulations.

(A)

No building shall exceed in height the shortest distance from such building to the nearest boundary of a residential zone or the M-1 zone.

(B)

There shall be no minimum front yard requirement.

(C)

There shall be a minimum side yard requirement of not less than ten feet where a permitted use adjoins a residential zone or the M-1 zone.

(D)

There shall be a rear yard of not less than 25 feet where a permitted use adjoins a residential zone.

404.05

Off-street parking regulations. See section 14-406, minimum off-street parking and loading space regulations.

404.06

Screening requirements. See chapter 9, screening regulations.

404.07

Design review requirements. See chapter 10, design review requirements.

(Ord. No. 18-1136, § 2, 11-20-2018; Ord. No. 18-1138, §§ 2, 3, 11-20-2018; Ord. No. 20-1179, § 7, 1-5-2021)

Sec. 14-405. - C-3 neighborhood commercial zone.

405.01

Intent. It is the intent of the C-3 neighborhood commercial zone to promote, protect and sustain the viability of neighborhoods by allowing the development and maintenance of small commercial and service enterprises, which are both compatible with and complimentary to residential properties within the immediate vicinity. Furthermore, it is the intent of this section that all businesses located within the C-3 neighborhood commercial zone shall be for retail sales, services or otherwise of such nature as to be a benefit or convenience to neighborhood residents.

405.02

Location. The location(s) of C-3 neighborhood commercial zoned properties are as shown on the official zoning map for the City of Red Bank.

405.03

Permitted uses.

(A)

Drug stores.

(B)

Bakeries, provided all goods are sold on-premises.

(C)

Stationary stores.

(D)

Shoe stores.

(E)

Florist.

(F)

Music stores.

(G)

Barber/beauty shops.

(H)

Cleaning and laundry establishments.

(I)

Repair shops for shoes, household articles or appliances.

(J)

Offices up to 5,000 square feet, unless otherwise prohibited or subject to special exception review under section 14-405.04 or elsewhere in the Red Bank Zoning Ordinance.

(K)

Studios/galleries.

(L)

Medical and dental clinics, up to 5,000 square feet.

(M)

Specialty shops and stores.

(N)

Taverns, wine and cocktail bars, brew pubs, microbreweries and similar uses.

(O)

Bed and breakfast establishments/short-term rental units.

(P)

Single-family dwellings, except manufactured or mobile homes.

(Q)

Townhomes and condominiums.

(R)

Banks.

(S)

On-premises signs pursuant to the sign ordinance.

(T)

Accessory buildings and uses customarily incident to the above uses, as defined in section 14-204.11 definitions.

(U)

In general, any use that is similar in character to the above uses and in keeping with the intent of the zoning district.

(V)

Outdoor display and storage or sale of merchandise between 8:00 a.m. and 8:00 p.m. and provided further that any such display, storage or sale shall not occupy more than 33⅓ percent of the frontage space of the outdoor street facing façade of the building itself nor more than 33⅓ percent of any area between the front façade of the building and the public right-of-way and may not obstruct the entrance to the building to pedestrian traffic or otherwise interfere with the required minimum number of off street parking spaces available for the premises as otherwise provided.

(W)

Small printer shops, except that the gross floor area shall not exceed 2,000 square feet.

405.04

Uses permitted by special exceptions permit by the Red Bank City Commission upon recommendation by the Red Bank Planning Commission.

(A)

Daycare centers.

(B)

Offices over 5,000 square feet.

(C)

Nursing homes.

(D)

Hospitals and social agencies.

(E)

Schools, churches and other public and semi-public buildings.

(F)

Assisted living facilities.

(G)

Retail sales unless otherwise permitted.

(H)

Commercial establishments up to 5,000 square feet.

(I)

Small printer shops, except that the gross floor area shall not exceed 5,000 square feet.

(J)

Restaurants and other establishments serving food and alcoholic beverages.

(K)

Theaters.

(L)

Plumbing, electrical, radio, TV workshops and similar uses, provided no more than five people are employed and equipment and trucks are not visible from Dayton Boulevard.

405.05

Permitted accessory uses and structures. Uses and structures which are customarily accessory and incidental subordinate to principal permitted uses and structures, and which do not involve operations or structures not in keeping with the intent of this section or would have an adverse effect on the character of the area surrounding zone. See section 14.204.11 relating to accessory building regulations.

405.06

Prohibited uses.

(A)

Reserved.

(B)

The playing of music or making of announcements directly or through mechanical or electronic devices in a manner audible at any residential lot.

(C)

Adult-oriented establishments of any type.

(D)

Title pawn, check cashing establishments, alternative lending services and similar uses.

(E)

Automobile fueling stations.

(F)

Automobile repair and/or maintenance and similar uses.

(G)

Automobile sales and similar uses.

(H)

Automobile washes, car detail and similar uses.

(I)

Drive-thru or drive-in uses.

(J)

Funeral homes, memorial chapels, crematories and undertaking.

(K)

Halfway house, alcohol and drug rehabilitation centers, or any similar use.

(L)

Hotels and motels.

(M)

Liquor stores.

(N)

Manufactured or mobile homes.

(O)

Mobile home parks, campsites and similar uses.

(P)

Indoor or outdoor amusement facilities, bowling alleys.

(Q)

Outdoor sales, service, or display or storage at any time, except for outdoor seating for restaurants.

(R)

Storage or warehousing facilities, including self-storage or mini-warehouses or any other sort of commercial storage or warehousing facility or usage.

(S)

Tattoo parlors and similar uses.

(T)

Grocery stores.

(U)

Hardware stores.

(V)

Meat or fish markets.

(W)

In general, all uses which are not in keeping with the intent of this zone.

(X)

Plasma collection centers.

405.07

Minimum yard and area requirements.

(A)

There shall be a front yard setback from the public right-of-way of not less than seven feet and not greater than 25 feet.

(B)

All permitted uses are limited to a maximum of 5,000 square feet total gross floor area.

(C)

When buildings are separated; the distance between them shall be at least 20 feet.

405.08

Height and area regulations.

(A)

No building shall exceed in height the shortest distance from such building to the nearest boundary of a residential zone.

(B)

Front yards shall meet the minimum and maximum requirements established in section 405.07(A).

(C)

There shall be a minimum side yard requirement of not less than ten feet where a permitted use adjoins a residential zone.

(D)

There shall be a rear yard of not less than 25 feet where a permitted use adjoins a residential zone.

(E)

There shall be a minimum house size of 1,400 square feet.

405.09

Visibility at access points. No structure, landscaping, fence, terrace or other natural or artificial feature adjacent to any street shall obscure or impair visibility from or of any approaching vehicular traffic.

405.10

Screening requirements. See chapter 9, screening regulations.

405.11

Design review requirements. See chapter 10, design review regulations.

(Ord. No. 18-1136, § 3, 11-20-2018; Ord. No. 18-1137, § 1, 11-20-2018; Ord. No. 18-1138, §§ 4, 5, 11-20-2018; Ord. No. 18-1135, § 2, 12-4-2018; Ord. No. 20-1179, § 8, 1-5-2021; Ord. No. 23-1223, §§ 3, 4, 2-7-2023)

Sec. 14-406. - Minimum off-street parking and loading space regulations.

406.01

Off-street parking and loading space requirements. Off-street parking and loading space shall be provided on the same lot as, or a lot adjacent to, the structure or use in accordance with the following requirements:

(A)

For motels, tourist courts, and tourist homes, one parking space for every guest room or unit plus one space for every innkeeper's dwelling.

(B)

For churches there shall be one space for every three seats in the largest chapel or auditorium.

(C)

For restaurants, delicatessens and other eating establishments, there shall be one parking space for every three seats.

(D)

Principal parking requirements for retail uses in the commercial zone will be four spaces for each 1,000 square feet of gross leasable space for all buildings or commercial centers of less than 25,000 square feet and for buildings/centers over 25,000 square feet of gross leasable space in the commercial zone, the requirements will be five spaces for each 1,000 square feet. Parking spaces are not required for detached warehouse facilities that are attendant to the principal commercial use.

(E)

Handicapped parking shall meet the current ADA standards.

(F)

Off-street loading facilities shall be provided which do not require the use of required off-street parking space during hours when establishments in the zone are open for business.

(G)

All off-street parking and loading space shall be subject to review and approval by the city manager or his/her designee and shall be so located, improved, illuminated, operated and maintained as to provide safe and convenient circulation on the premises and to and from adjacent streets, and to minimize potential frictions with adjoining property.

(H)

For business operations which involve a combination of uses such as warehousing and wholesaling along with retailing or other permitted uses, total required parking may be determined by measuring the amount of floor space within the business structure that is devoted to each separate use and calculating the need based upon the specific parking requirements as set forth in the various uses in this section and elsewhere in this title. Parking requirements calculated in this manner shall be subject to review and approval by the city manager or his/her designee prior to issuance of any building or occupancy permit.

(I)

For all other permitted uses of one or two stories, there shall be five parking spaces for each 1,000 square feet of gross leasable floor area. For all other permitted uses of three or more stories, there shall be four parking spaces for each 1,000 square feet of gross leasable floor area.

(J)

Parking requirement reduction. The planning commission may approve a site plan with fewer off-street parking spaces that generally required by this section. In evaluating such requests, the planning commission shall determine if the proposed commercial use, projected parking demand, shared parking arrangements, or other factors justify a reduction in the parking requirements. Planning staff shall review all proposed parking reductions and submit recommendations thereon to the planning commission.

(K)

Shared Parking. Parking may be shared between different entities if a suitable joint-use agreement is approved by the planning commission. A developer may share parking with another business or entity through a negotiated joint use agreement that meets the total parking requirements of the entities involved and if approved by the planning commission.

Sec. 14-407. - Outdoor display and storage.

407.01

Outdoor display and storage. During lawful business hours and when actually open for business, any person, business or entity which is otherwise lawfully operating in a commercial zone, as otherwise provided in the Red Bank Zoning Ordinance(s) may display and offer for sale otherwise lawful merchandise outside the building(s) located upon the premises so long as the same shall be displayed and/or offered for sale on the private property of such person or business operating thereon and not on the public right-of-way, and no person shall display or store such merchandise outside the building premises at any time when such business is not actually open for business to the public unless the same shall be enclosed in and by a sight obscuring fence together with evergreen landscaping, which fence and evergreen landscaping shall be at least eight feet high and which fence and evergreen landscaping shall be located at least five feet from the public right-of-way or, unless the same shall be stored and fully enclosed within a fence (whether or not sight obscuring) together with evergreen landscaping, which fence and evergreen landscaping shall be at least four feet in height and which fence and landscaping shall be setback, at all points, at least 20 feet from the public right-of-way and which fence and landscape display or storage area shall be entirely separate from the code compliant parking facility on said premises.