§25-10.16 Use Regulations Controlling the Waterfront Development District.

a. Permitted Uses.

1. Detached single family dwellings.

2. Multi-family dwellings, known as garden apartments or apartment houses at a density not to exceed sixteen (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 forty (40) units per gross acre.

3. Multi-family dwellings, known as townhouses at a density not to exceed ten (10) units per gross acre.

4. Professional offices.

5. Business offices.

6. Home professional offices.

7. Primary food service establishment.

8. Hotels, motels, and owner occupied beds and breakfast.

9. Reserved.

10. Essential services.

b. Required Accessory Uses.

1. Off-street parking subject to the provisions of Subsection 25-8.21.

2. Off-street loading subject to the provisions of Subsection 25-8.20.

3. Buffers and screening subject to the requirements of Subsection 25-8.4.



4. In that portion of the zone east of Maple Avenue, if off-street parking requirements are not met as provided above the developer must:

(a) Obtain approval of a parking space variance subject to the provisions of Subsection 258.21p, 6. and in the event a variance is granted:

(1) Contribute to the Red Bank Borough Municipal Parking Utility Capital Improvement Fund, an amount in accord- ance with the "Parking Deficiency Schedule."

PARKING DEFICIENCY SCHEDULE

Example: A 22 space deficiency requires $2,500.00 for space 1-5, plus $5,000.00 for space 6-10; plus $7,500.00 for space 11-15, plus $10,000.00 for space 16-20 plus $5,000.00 for space 21-22 for a total contribution of $30,000.00.

c. Permitted Accessory Uses.

1. Fences and hedges subject to the provisions of Subsection 25-8.14.

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 Subsection 25-8.27, as follows:

(a) For multi-family dwellings same as permitted by Subsection 25-10.8c, 3(a).

(b) For professional office, business offices, home professional offices, same as permitted by Subsection 25-10.15c, 3. paragraphs (a) through (d).

(c) For primary food services establishments; hotels and motels, bed and breakfast, and mortuary and funeral homes:

(1) Minor and type A and B signs.

(2) One (1) from type G3 and G4.

(3) Type W2 or W3.

(4) One (1) type R3 per public entrance.



4. Swimming pools - subject also to Chapter XIV, Swimming Pools and Subsection 25-8.22.

5. Other customary residential accessory uses and structures subject to Subsection 25-5.8 of the 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 Subsection 25-8.36.

7. Vertical parking garage subject to the provisions of Subsection 25-8.37.

d. Conditional Uses: Subject to the Provisions of Section 25-9.

1. Churches and places of worship.

2. Public utilities.

3. Marinas (public or private).

4. Signs which are Conditional Uses, subject to the provisions of Subsection 25-8.27 as follows:

(a) One (1) type G-C3 or type G-C2 per property.

(b) Type W-C1.

(c) One (1) type W-C2 sign per property.

e. Area, Yard and Structure Requirements.

1. Minimum Lot Area:

(a) Detached single family - thirty thousand (30,000) square feet.

(b) Home professional offices - thirty thousand (30,000) square feet.

**Webmasters Note: The subsection above (a & b) have been amended as per Ordinance No. 2007-15.

(c) Garden apartments and apartment houses -forty-five thousand (45,000) square feet.

(d) Townhouses - forty-five thousand (45,000) square feet.

(e) Other uses - thirty thousand (30,000) square feet.

**Webmasters Note: The subsection above (e) has been amended as per Ordinance No. 2007-15.

2. Minimum Lot Frontage:

(a) Detached single family - fifty (50') feet.

(b) Home professional offices - fifty (50') feet.

(c) Garden apartments and apartment house and townhouses - one hundred fifty (150') feet.

(d) Hotels and motels - two hundred (200') feet.

(e) Other uses - one hundred (100') feet.

(f) Bed and breakfast - seventy five (75') feet.

3. Minimum Front Setback:

(a) Single family - thirty (30') feet.

(b) Home professional offices - thirty (30') feet.

(c) Garden apartments and apartment houses -fifty (50') feet.

(d) Townhouses - thirty-five (35') feet.

(e) Other uses - thirty-five (35') feet, except that in no case shall any structure be less than forty (40') feet from a street center line.

4. Minimum Rear Yard Setback:

(a) Principal structure - twenty-five (25') feet.

(b) Accessory structures - five (5') feet.

(c) Except that the minimum rear yard setback for any structure from the Navesink River flood hazard area line shall be thirty-five (35') feet, except as set forth in Subsection 25-10.16f, 3. for structures exceeding fifty (50') feet (USC & GS Datum MSL = 0).

5. Minimum Side Yard Setback:

(a) Detached single family - ten (10') feet.



(b) Garden apartments and apartment houses fifteen (15') feet except that both side yards combined shall be not less than forty (40') feet.

(c) Townhouses - fifteen (15') feet.

(d) Home professional offices - ten (10') feet except that both side yards combined shall be not less than twenty (20') feet.

(e) Other uses - ten (10') feet except that both side yards combined shall not be less than twenty (20') feet.

(f) Exceptions:

(1) Minimum side yard for accessory structures -four (4') feet.

(2) The minimum side yard setback for any structure from the Navesink River flood hazard area line shall be thirtyfive (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 thirty (30") inches in height); of the mean height level between the eaves and ridge for gable or hipped roofs or of the deck line for mansard roofs shall not exceed:

(a) Elevation 50.00 (USC & GS Datum MSL = 0) between the Navesink River and a line halfway between the Navesink River and the nearest parallel roadway (Front Street, Riverside Avenue, Rector Place, or Shrewsbury Avenue).

(b) Elevation 75.00 (US & GS Datum MSL = 0) in the remainder of the zone.

(c) Further, and notwithstanding any other provisions of this subsection, any property within this zone may build to an elevation not to exceed one hundred forty (140') feet (USC & GS Datum MSL = 0) inclusive of all chimneys, ventilators, skylights, tanks, stair towers, elevator and mechanical penthouses, noncommercial radio and television antennae, HVAC equipment and other similar rooftop appurtenances, and provided further that (i) the property to be developed has buildings with a structure height of not less than elevation one hundred (100.00') feet (USC & GS Datum MSL = 0) located within six hundred (600') feet of both sides of the property (as measured along the road right-of-way from the sidelines of the property to be developed); and (ii) that the principal structure of any proposed building shall comply with the rear yard setback requirements of Subsection 25-10.16f, 3. and (iii) any portion of a proposed principal building and use which extends more than three (3') feet above the average street elevation measured along the center line of the right-of-way and between the sidelines of the property to be developed shall be set back at least sixty (60') feet from the right-of-way.

7. Minimum Gross Habitable Floor Area:



(a) Detached single family:

(1) One (1) story - nine hundred (900) square feet.

(2) Two (2) story - one thousand (1,000) square feet with at least seven hundred (700) square feet of ground floor area.

(b) Garden apartments and apartment houses -one thousand (1,000) square feet with at least seven hundred (700) square feet of ground floor area.

(c) Townhouses - one thousand (1,000) square feet per unit with at least seven hundred (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 - thirty-five (35%) percent.

(b) Home professional offices - forty (40%) percent.

(c) Garden apartments and apartment houses -twenty-five (25%) percent.

(d) Townhouses - thirty-five (35%) percent.

(e) Other uses - thirty-five (35%) percent.

9. Minimum Unoccupied Open Space:

(a) Detached single family - no requirements.

(b) Home professional offices - no requirements.

(c) Garden apartments and apartment houses -twenty-five (25%) percent.

(d) Townhouses - twenty (20%) percent.

(e) Other uses - fifteen (15%) percent.

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 section are to be available for uses identified in (1) above only. The floor area ratio (FAR) for the principal use shall remain that as permitted in the zone.

f. 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 Subsection 25-8.13 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 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 twenty-five (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. In order to encourage creative site design, provide for adequate light and air and mitigate wind impacts, upper levels of structures that are located on properties abutting or contiguous with the Navesink River and that exceed an elevation of fifty (50') feet (USC & GS Datum MSL = 0) shall be set back an additional five (5') feet from the thirty-five (35') foot setback requirement provided in Subsection 25-10.16e, 4(c), for each five (5') feet of elevation above fifty (50') feet; provided, however, that the upper level setback shall not exceed ninety (90') feet.

(Ord. #686, S 3-10.16; Ord. #1988-21, SS 62-76; Ord. #1992-7, S 8; Ord. #1994-3, S 3; Ord. #1994-6, S 1; Ord. #1996-6, S 2; Ord. #1998-4, S 5; Ord. #2003-26, S 4; Ord. #2003-41 § 6)