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."
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(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.
(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.
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
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Single-Family Residential
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R-2
|
Single-Family Residential
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R-3
|
Single-Family Residential
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RTH
|
Townhouse Residential
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SC
|
Senior Citizen Residential
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MF1
|
Multifamily Garden Units
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MF2
|
Multifamily Mid-Rise Units
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O-R
|
Office-Residential
| |
HBD
|
Historic Business District
| |
CBD
|
Central Business District
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HB
|
Highway Business
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WB
|
Waterfront Business
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MR
|
Marine Recreation
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LI
|
Light Industrial
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MC
|
Marine Conservation District
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PB
|
Public Open Space/Recreation District
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ST
|
Steep Slope Overlay Area
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AH
|
Affordable Housing
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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]
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]
[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.
C.
Bulk requirements.
(1)
Two-family developments in the AH Zone shall comply
with each of the following requirements:
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]
Editor's Note: The Zoning Map is on file in the Borough offices.