Borough of Atlantic Highlands, NJ Article V Zoning District Regulations

§ 150-29 Zoning Map and schedule.

A. Establishment, authentication, maintenance, and revision.

(1) Zoning Map. The locations and boundaries of the districts of the Borough are hereby established as shown on the Zoning Map of the Borough of Atlantic Highlands, New Jersey, which is attached hereto as Exhibit 5-1, and is hereby made a part of this chapter, together with all notations, references and designations shown thereon and dated and amended as follows.[1]

[1] Editor's Note: Exhibit 5-1 is on file in the Borough offices.

(2) Schedule of district zone requirements. District regulations for zone districts within the Borough of Atlantic Highlands are hereby established and are attached hereto, as Exhibit 5-2, and are hereby made a part of this chapter, together with all notations, references and designations shown thereon.[2]

[2] Editor's Note: Exhibit 5-2 is included at the end of this chapter.

(3) Schedule of uses. Permitted uses within each zone district in the Borough of Atlantic Highlands are hereby established and attached hereto, as Exhibit 5-4, and are hereby made a part of this chapter.[3]

[3] Editor's Note: Exhibit 5-4 is included at the end of this chapter.

(4) Authentication of Zoning Map. Subsequent to the adoption of this chapter, and any revisions to the Zoning Map, three copies of the Zoning Map shall be authenticated by the Mayor's signature, and the seal of the municipality, attested by the Municipal Clerk, under the following certification:

"I certify that this is the Zoning Map of the Borough of Atlantic Highlands, New Jersey, referred to in the Chapters of the Borough of Atlantic Highlands, New Jersey."

(5) Maintenance of the Zoning Map. Authenticated copies of the Zoning Map shall be maintained in the office of the Municipal Clerk and Zoning Officer and shall be made available for public reference. Copies of all or a part of the Zoning Map may be reproduced for public distribution. One authenticated copy shall be forwarded to the Monmouth County Planning Board in accordance with N.J.S.A. 40:55D-16. However, the original copy of the Zoning Map maintained in the office of the Municipal Clerk shall be the final authority as to the current status of zoning districts in the Borough of Atlantic Highlands.

(6) Revisions to the Zoning Map.

(a) When, in accordance with the provisions of this chapter and of state law, revisions are made in district boundaries or other matters portrayed in the Zoning Map, such changes will be made on the Zoning Map with an entry bearing the date of adoption, ordinance number, a brief description of the change(s).

(b) No changes of any nature shall be made to the 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.

B. 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 the accretion or stream diversion by natural causes.

(2) In constructing the 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 plotted lot lines shall be construed as following such lot lines.

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

(d) Where a zone 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.

(e) The MC Marine Conservation District shall be construed to apply to those areas shown on the Zoning Map which are waterward of the mean high water line.

§ 150-30 Description of districts.

A. The Borough of Atlantic Highlands is hereby divided into districts as follows:

[Amended 1-8-2003 by Ord. No. 15-2002; 2-26-2003 by Ord. No. 4-2003; 9-20-2006 by Ord. No. 16-2006]

	R-1	Single-Family Residential
	R-2	Single-Family Residential
	R-3	Single-Family Residential
	RTH	Townhouse Residential
	SC	Senior Citizen Residential
	MF1	Multifamily Garden Units
	MF2	Multifamily Mid-Rise Units
	O-R	Office-Residential
	HBD	Historic Business District
	CBD	Central Business District
	HB	Highway Business
	WB	Waterfront Business
	MR	Marine Recreation
	LI	Light Industrial
	MC	Marine Conservation District
	PB	Public Open Space/Recreation District
	ST	Steep Slope Overlay Area
	AH	Affordable Housing

B. 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.

C. No building or structure shall hereafter be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land or building or portion of a building or structure 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 is it located.

D. Every principal building shall be located on a lot as defined in this chapter. Except for multifamily, nonresidential and qualifying bed-and-breakfast establishment development, no more than one principal building and its accessory buildings shall hereafter be erected on any one lot.

[Amended 7-27-2011 by Ord. No. 10-2011]

E. Yards or lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter.

F. Any application for expansion or enlargement of the existing structure on an improved lot in the R-3 Zone that is otherwise conforming with all standards other then being deficient in lot area shall be deemed conforming in lot area and shall not require a variance for that lot area deficiency.

[Added 2-26-2003 by Ord. No. 4-2003]

G. All new residential development or mixed commercial and residential development producing five or more residential units in the CBD, HBD, HB, OR, R-TH, or MR-1 Zones shall be required to provide a minimum of 20% of all dwelling units to be affordable for very-low-, low- and moderate-income households. As to bedroom mixes, at least 20% of all low- and moderate-income units shall be three-bedroom units, at least 30% of all low- and moderate-income units shall be two-bedroom units, and the combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units. The remainder, if any, may be allocated at the discretion of the developer. All affordable housing units shall be developed pursuant to § 50-105 of Chapter 150 of the Borough Code, and shall comply with the Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.1 et seq., or any successor legislation, with the exception that in lieu of 10% of affordable units in rental projects being required to be affordable to households earning at or below 35% of the regional median income, 13% of affordable units in such projects is required to be affordable to households earning at or below 30% of the regional median income.

[Added 10-28-2015 by Ord. No. 06-2015; amended 9-26-2018 by Ord. No. 16-2018]

§ 150-31 Permitted and prohibited uses.

A. Any use, except for essential services, which is not specifically listed as a permitted use, an accessory use or a conditional use on the Schedule of Uses, Exhibit 5-4,[1] shall be deemed a prohibited use.

[1] Editor's Note: Exhibit 5-4 is included as an attachment to this chapter.

B. Prohibited uses shall include but not be limited to the following:

(1) All billboards, signboards, advertising signs and devices not expressly related to the business being conducted on the premises or otherwise specifically permitted by this chapter.

(2) Carousel, merry-go-round, roller coaster, Ferris wheels, whirl-a-gig, pony or train rides, midways or side shows, and similar outdoor commercial recreation uses.

(3) Auction markets.

(4) The storage for sale of used construction or building materials.

(5) Junkyards, automobile wrecking yards or disassembly yards, or the sorting of scrap metal, paper, rags, or other scrap material, except for recycling operations operated by or with the approval of the Borough.

(6) Migrant labor camps.

(7) Privately operated dumps for the disposal of garbage, trash, refuse, junk, or other such material.

(8) Adult bookstores.

(9) Peep shows.

(10) Massage parlors.

(11) Amusement arcade.

(12) Explosive storage, except small arms ammunition, or by special permit, where explosives are to be used on the premises.

(13) Incineration, reduction, storage or dumping of slaughterhouse refuse, rancid fats, garbage, or dead animals.

(14) Kennels.

(15) Quarries or the processing of stone, dirt or gravel.

(16) The open storage in any yard, of more than one, or, in a front yard, of any unlicensed or inoperative motor vehicle, or the new or used parts of any motor vehicle or trailer, or material which has been a part of any motor vehicle or trailer.

(17) The overnight storage of any commercial vehicle in residential zones, except that one such vehicle having a gross weight of not more than 8,000 pounds may be stored as an accessory use to the principal permitted use.

(18) Radio towers, antennas, and satellite dishes except as herein permitted.

(19) Slaughtering and slaughterhouses.

(20) House trailer parks, mobile home parks, and overnight or tourist cabins.

(21) Any airport, landing field, landing strip, heliport, helistop, off-heliport landing site, sport parachuting center or any other facility used for the landing or take off of any aircraft, either as a primary use or as a use accessory, auxiliary or incidental to any primary use.

(22) The manufacture, transportation, storage or utilization of genetically engineered material.

(23) The breeding, raising or keeping of any animals for business or hire. This shall not be construed to prohibit pet stores, as defined, when permitted as a use within a commercial district, nor to prohibit an occasional breeding of a pet incidental to the operation of a household.

(24) Any sign which may interfere with traffic control, directional or warning signals and any flashing or moving sign.

(25) Crematoria.

(26) Any use which emits excessive or objectionable amounts of dust, fumes, noise, smoke, vibration or waste products.

(27) Body art and tattoo parlors, except as a "personal services" establishment in the LI Light Industrial Zone.

[Added 7-9-2008 by Ord. No. 10-2008]

(28) All classes (1 through 6) of cannabis establishment or cannabis distributors or cannabis delivery services, including cannabis cultivators, manufacturers, wholesalers, retailers, cannabis testing facilities, medical cannabis dispensaries, clinical registrant or cannabis retailer, including any alternative treatment centers deemed to hold a medical cannabis dispensary permit pursuant to Section 7 of P.L .2009, c. 307 (N.J.S.A. 24:6I-7), are expressly prohibited within the Borough of Atlantic Highlands.

[Added 8-12-2021 by Ord. No. 18-2021]

§ 150-32 Affordable Housing Zone.

[Added 9-20-2006 by Ord. No. 16-2006]

A. Purpose.

(1) The AH Zone is intended to fulfill the mandates of the Mount Laurel II Supreme Court decision and comply with the rules and regulations of the New Jersey Council on Affordable Housing (COAH).

(2) The AH Zone is intended to provide the opportunity to construct affordable housing within the Borough of Atlantic Highlands.

B. Use regulations.

(1) Permitted principal use:

(a) Two-family attached housing.

(2) Permitted accessory uses:

(a) Off-street driveways and parking facilities;

(b) Retaining walls and fences.

(c) Additional customary accessory structures and uses are permitted if they serve, and are incidental to, the primary permitted use.

C. Bulk requirements.

(1) Two-family developments in the AH Zone shall comply with each of the following requirements:

(a) Minimum lot area: 6,000 square feet.

(b) Minimum lot width: 30 feet.

(c) Minimum yard dimensions:

[1] Front: 20 feet.

[2] Side (one): five feet.

[3] Side (combined): 10 feet.

[4] Rear: 20 feet.

(d) Maximum building height: three stories/40 feet.

(e) On-site parking: conform to RSIS.

D. Supplemental development regulations.

(1) All dwelling units in the AH Zone shall at all times be affordable to either low- or moderate-income households. In accordance with COAH regulations, no less than 50% of the total number of affordable dwelling units in the AH Zone shall be affordable to low-income households.

(2) All affordable housing units shall be affirmatively marketed throughout the housing region comprising Mercer, Monmouth, and Ocean Counties in accordance with current applicable COAH rules and regulations and at all times be occupied by a certified low- or moderate-income household.

(3) All affordable housing units constructed herein shall be deed restricted for a period of years in accordance with current applicable COAH rules and regulations.

(4) All affordable housing units shall at all times comply with applicable COAH uniform affordability controls.

(5) No less than 25% of the dwelling units in the AH Zone shall be renter-occupied. Nothing in this amendment is intended to prohibit more than 25% of the units from being renter-occupied.

(6) COAH requirements concerning bedroom distribution shall be satisfied on a zone-wide basis.

(7) A developer of a through lot in this zone has the option of determining which lot line shall be designated and function as the frontage. The lot line opposite the designated frontage line shall be considered a rear lot line. Driveway access to and from either street shall be permitted.

E. The Zoning Map of the Borough of Atlantic Highlands[1] shall be and is hereby amended and revised to add thereto the AH Affordable Housing Zone, and to designate and fix the boundaries of said zone to include the following properties:

[Amended 7-9-2008 by Ord. No. 08-2008]

(1) Block 62, Lot 4 (Simpson Avenue)

(2) Block 136, Lot 1 (21 Leonard Avenue)

[1] Editor's Note: The Zoning Map is on file in the Borough offices.