Certain uses are necessary to serve the needs
of the Borough's citizens but such uses may become inimical to the
public health, safety, and welfare unless established according to
specifications and standards controlling their limit and extent. Accordingly,
this chapter designates such uses as conditional uses to be permitted
only if the conditions specified by this article are complied with
as determined by the review of the Planning Board.
The following shall apply to the review and
approval of a conditional use:
A.
The use for which an application is being made shall
be specifically listed as a conditional use within the zone where
the property is located.
B.
Site plan approval shall be required unless otherwise
specified in this chapter.
C.
The conditional use shall comply with the design standards,
improvement standards, and document submittal requirements of this
chapter unless a requirement is waived by the approving authority.
D.
The conditional use shall adhere to the additional
standards specified under this article for the particular use.
E.
The approving authority may impose additional requirements
to protect the public health, safety, and welfare which it deems necessary
by reason of the location or other factors related to a particular
application. Such requirements shall be provided for and maintained
as a condition of the establishment of the use.
Places of worship may be permitted as a conditional
use in those zones specified, provided that the use and/or structures
shall adhere to the following:
B.
No accessory building shall be located closer than
15 feet to any side or rear residential property line.
C.
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.
D.
Maximum lot coverage shall be 50% unless a higher
coverage is permitted by the zone district. Maximum usable floor area
ratio shall be 0.30, unless higher ratios are permitted by the zone
district.
Public utility uses, such as water towers, pumping
stations, electric substations, radio towers, transmission lines,
switching stations, which must be provided aboveground, may be permitted
as a conditional use in those zones specified provided that the use
and/or structures shall adhere to the minimum standards of the particular
zone and the following:
A.
A statement is submitted setting forth the reasons
that the proposed installation must be provided aboveground 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 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 is located.
C.
Adequate and attractive fences and other safety devices
will be provided. Fences, when used to enclose public utility facilities
such as electrical power substations, shall be built in accordance
with the requirements of the NJBPU Commissioners and the New Jersey
Uniform Construction Code.[1]
D.
Sufficient landscaping including shrubs, trees and
lawn are provided and will be periodically maintained.
E.
The public utility use and lot shall 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 is required.
Motor vehicle service stations may be permitted
as a conditional use in those zones specified, provided that the use
and/or structures shall adhere to the minimum standards of the particular
zone and the following:
A.
The site plan shall show the number and location of
fuel tanks to be installed, the dimensions and capacity of each storage
tank, the depth the tanks will be placed below the ground, the number
and location of pumps, wash racks, lubrication bays, air hoses and
any other similar equipment to be installed, the type of structure
and accessory buildings to be constructed, and the number of automobiles
which are to be garaged.
B.
Motor vehicle service stations 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. No building shall be constructed closer
than 50 feet to any street line or closer than 20 feet to any lot
line. Where a service station abuts a residential zone along a side
property line, the side yard setback for the filling station or public
garage shall be increased from 20 feet to 50 feet and a twenty-foot
wide planting screen approved by the Planning Board shall be provided
along the entire side property line.
C.
Driveways shall cross the sidewalks at right angles
and shall not be more than 20 feet wide at any point thereof. Driveways
shall be at least 20 feet from any side lot line and at least 30 feet
from the intersection of street lines.
D.
The nearest boundary line of the lot or parcel of
land so to be used shall be at least 100 feet measured in a straight
line from the intersection of any two streets.
E.
All fuel pumps, air hoses and any other equipment
used in servicing cars shall be located at least 30 feet from all
street lines and 20 feet from other property lines.
F.
No vehicle shall be permitted to be standing or parked
on the premises of a motor vehicle service station other than those
used by the employees in the indirect or direct operation of the establishment,
except for the following: no more than five during working hours and
no more than three overnight. Overnight outdoor storage of more than
three vehicles shall be prohibited.
G.
All fuel tanks shall be installed underground.
H.
No outdoor oil drainage pits or hydraulic lifts, racks
or repair work shall be permitted.
I.
Any repair, lubrication or other similar services
to motor vehicles shall be performed in a fully enclosed building.
No parts or partially dismantled motor vehicle may be stored out-of-doors.
J.
Coin-operated service stations are not permitted.
K.
No auto body work shall be permitted.
L.
Illumination shall be such that no direct glare from
the lights shall fall upon adjoining streets or properties.
M.
Sale of new or used cars on the premises of a service
station is prohibited.
N.
Accessory goods for sale may be displayed on the pump
islands and the building island only. The outside storage of oil cans
and/or antifreeze and similar products may be displayed on the respective
islands, if provided for in a suitable metal stand or rack.
O.
The Planning Board shall determine that the planning
of the lot is properly suited to the area and in connection therewith
may require adequate buffers of foliage or screen fencing, if necessary,
to protect surrounding properties from any lights or noises that may
be generated from the property.
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, may be permitted as a conditional use in those zones
specified provided that the use and/or structures shall adhere to
the minimum standards of the particular zone and the following:
A.
Convents, rectories, 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 15,000 square feet plus 5,000 square
feet for each additional 25 children or fraction thereof. A portion
of the lot shall be designated for recreational uses and parking areas
shall be subject to Planning Board approval. The nursery school shall
meet all applicable state requirements.
D.
Where a nursery school is prepared in conjunction
with an established institution, such as a place of worship, the minimum
lot size shall be in accordance with the provisions applicable to
the primary institution. Adequate parking facilities, which may be
provided in a shared parking lot arrangement, shall be provided by
the applicant, subject to Planning Board approval. A fenced playground
shall also be provided by the applicant, subject to Planning Board
approval.
E.
Where an elementary or secondary school alone is proposed,
the minimum lot area shall be 40,000 square feet. The school shall
meet all state requirements set forth under N.J.A.C. 6A:26-12. In
addition, parking areas, recreational facilities and buffers shall
be provided by the applicant and shall be subject to Planning Board
approval.[1]
F.
Where an elementary or secondary school is proposed
in conjunction with an established institution, such as a place of
worship, the minimum lot size shall be at least the minimum required
for the primary institution. Adequate parking facilities, recreation
areas and buffers shall be provided by the applicant, subject to Planning
Board approval. The lot shall meet all state requirements as set forth
in N.J.A.C. 6A:26-12.[2]
G.
Educational uses shall be screened from adjacent residential
zones or uses and/or provide fencing along such property lines as
may be deemed adequate by the Planning Board.
Child-care centers serving more than five but
not more than 25 children may be permitted as a conditional use in
those zones specified, provided that the use and/or structures shall
adhere to the minimum standards of the particular zones and the following:
A.
A statement setting forth in full the particulars
on the building and/or use is submitted.
C.
The use shall be screened from adjacent residential
zones and existing residential structures.
F.
Any child-care center shall conform to applicable
state requirements.
G.
Within the R-1 Zone District, a child-care center
will be permitted only if it is accessory to, and on the same site
as, an approved place of worship or an elementary or secondary school
use.
Community residences for the developmentally
disabled or shelters for victims of domestic violence housing more
than six, but less than 16 persons, excluding resident staff, may
be permitted as a conditional use in those zones specified, provided
that the use and/or structure shall adhere to the minimum standards
of the particular zone and the following:
A.
A statement setting forth the full particulars on
the building and/or use as submitted.
B.
Minimum lot area: 4,000 square feet for each person,
resident staff member or employee housed at the residence or shelter,
but not less than the minimum lot area required for single-family
homes in the zone.
C.
Minimum gross habitable floor area: 240 square feet
for each person or resident staff member housed at the residence or
shelter.
D.
No conditional use permit shall be granted if the
number of persons (other than resident staff) residing at such community
residences or shelters exceeds 50 persons or 0.5% of the population
of the Borough, whichever is greater.
E.
No community residence for the developmentally disabled
or shelter for victims of domestic violence shall be located upon
a lot containing any other use, nor shall any structure or facility
on the site be utilized to provide services for any person not residing
on the site.
F.
No community residence for the developmentally disabled
or shelter for victims of domestic violence shall be in excess of
2 1/2 stories in height, exclusive of basement areas. Basement areas
shall not be utilized for living, sleeping or recreation areas.
G.
Each community residence for the developmentally disabled
or shelter for victims of domestic violence shall submit proof of
licensing by the Department of Human Services of the State of New
Jersey.
H.
No community residence for the developmentally disabled
or shelter for victims of domestic violence shall be located within
1,500 feet of any other community residence for the developmentally
disabled or shelter for victims of domestic violence.
I.
No community residence for the developmentally disabled
or shelter for victims of domestic violence shall be located in any
area of heavy vehicular or pedestrian traffic congestion, or in any
area where, by reason of any condition existing in proximity to the
proposed community residence for developmentally disabled, the occupants
of said community residence for developmentally disabled would be
exposed to undue harm, danger or discomfort.
J.
Each community residence of the developmentally disabled
or shelter for victims of domestic violence shall provide one off-street
parking space for each resident staff member, plus one off-street
parking space for each employee on the shift employing the largest
number of persons, plus one off-street parking space for each three
developmentally disabled persons or victims of domestic violence residing
on the site, or fraction thereof. The off-street parking shall be
screened from adjacent residentially zoned properties.
K.
No building utilized for a community residence for
the developmentally disabled or shelter for victims of domestic violence
shall be constructed or altered so as to be inharmonious with the
residential character or adjacent structures and residential zones.
A mixed-use development oriented to the waterfront
and containing retail uses may be permitted in the MR (Marine Recreation)
District, provided that such a use adheres to the zone district standards
and to the following:
A.
The uses shall be limited to those permitted as-of-right
or as conditional uses within the MR or WB Districts.
B.
The minimum area to be developed shall be three acres.
C.
The circulation system shall be comprehensively designed
to encourage pedestrian activity and to maintain continuity with surrounding
areas. An access easement of 25 feet minimum width shall be provided
along all water frontage and shall be designed and furnished to provide
opportunities for the passive enjoyment of waterfront views by the
general public.
D.
The site design shall be arranged with consideration
to the recommendations of the Master Plan for waterfront development,
including maintaining continuity with the business district and the
provision of amenities intended to be used and enjoyed by the general
public, including plazas or widened sidewalks constructed with decorative
pavement, benches, lighting, landscaping, and other furnishings which
exhibit a high quality of design.
E.
If the development is staged, each building phase
shall be designed as a self-sufficient entity which can be effectively
integrated into subsequent phases.
[Amended 11-16-2009 by Ord. No. 16-2009; 5-26-2010 by Ord. No.
11-2010]
A.
Mixed-use commercial/residential. A mixed-use building containing
commercial and residential uses may be permitted in the HBD (Historic
Business District) and the CBD (Central Business District), provided
that such use adheres to the minimum standards of the zone district
and to the following specific conditions:
(1)
Residential dwelling units shall be confined to the upper stories
of the building. Street-level space shall be occupied by the principal
uses permitted in the district and required accessory uses. Parking
for residential dwelling units may be provided on site and shall comply
with RSIS standards.
(2)
No dwelling unit shall contain more than two bedrooms. Dens, lofts
and other such areas capable of serving as bedrooms shall be construed
as bedrooms.
(3)
Plans for the overall use of the building shall be submitted. Any
building which is in a state of disrepair or otherwise violates property
maintenance standards shall be repaired or rehabilitated to conform
to applicable municipal requirements.
B.
Mixed-use light industrial/business office/residential. A mixed-use
building containing light industrial, business office and residential
uses may be permitted in the LI (Light Industrial District), provided
that such a use adheres to the minimum standards of the zone district
and to the following specific conditions:
(1)
Residential dwelling units shall be confined to the upper stories
of the building. Street-level space shall be occupied by the principal
uses permitted in the district and required accessory uses. Parking
for residential dwelling units may be provided on site and shall comply
with RSIS standards.
(2)
No dwelling unit shall contain more than two bedrooms. Dens, lofts
and other such areas capable of serving as bedrooms shall be construed
to be bedrooms.
(3)
Plans for the overall use of the building shall be submitted. Any
building which is in a state of disrepair or otherwise violates property
maintenance standards shall be repaired or rehabilitated to conform
to applicable municipal requirements.
Professional offices, business offices, banks
and savings and loans may be permitted in the WB (Waterfront Business)
District, provided that such uses adhere to the minimum standards
of the zone district and to the following specific conditions:
A.
Professional or business offices shall be located
in the upper stories of buildings.
B.
Not more than 50% of the total building floor area
shall be occupied by professional or business offices.
C.
A bank or savings and loan may be located within a
building or development complex containing other uses permitted in
the district, provided that the floor area of the bank or savings
and loan does not exceed 10% of the building or development complex.
Senior citizen housing may be permitted as a
conditional use in those zones specified, provided that the use or
structures shall adhere to the following:
A.
Occupancy is age-restricted to senior citizens age 55 years and older except for the superintendent as provided in Subsection G below.
B.
Senior citizen households shall qualify as low- or
moderate-income as those terms are defined by the New Jersey Housing
and Mortgage Finance Agency and the New Jersey Council on Affordable
Housing or very-low or low-income as those terms are defined by the
U.S. Department of Housing and Urban Development. The price of all
the senior citizen housing units must be affordable to households
at the above-referenced income levels for a period of not less than
20 years from the initial occupancy of the first unit.
C.
Minimum tract size for the location of senior citizen
housing shall be 2.5 acres.
D.
Maximum density shall be 30 units per gross acre of land with no deduction for critical environmental features, such as wetlands, areas of special flood hazard, or wetlands transition areas. For the purpose of complying with this density standard, the area of access easements provided for off-street parking, as set forth below in Subsection F, may be credited as area.
E.
Building height shall be limited to five residential
floors of not more than 10 feet in height on average. Stairway and
elevator bulkheads and roof-mounted mechanical equipment shall be
limited to 12 feet above the roof. The maximum total height shall
not exceed 65 feet.
F.
Off-street parking shall be provided at the minimum
ratio of 0.50 parking space for each living unit contained in the
building. Each required space shall measure at least nine feet by
18 feet in size. Parking may be permitted on property adjacent to
the applicant's tract, including property owned and utilized by utility
companies, provided that an agreement granting permanent access has
been executed by the parties.
G.
One apartment in the building may be occupied by a
superintendent, supervisor or other employee and family members of
that employee, for maintenance of the building. All remaining units
shall be restricted to senior citizen tenants.
Home professions may be permitted as a conditional
use in those zones specified, provided that the use and/or structures
shall adhere to the minimum standards of the particular zone and the
following:
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 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.
D.
Within any residential district, no building shall
be constructed or altered so as to be inharmonious to the residential
character of adjacent structures.
E.
The types of construction considered not to be residential
in character include, but are not limited to, storefront-type of construction,
garage doors (larger than needed for passenger vehicles or light commercial
vehicles), unfinished concrete blocks or cinder block wall surfaces,
metal panels, elimination of porches, and wall surfaces without doors
and/or windows.
F.
Sufficient off-street parking shall be provided. The minimum number of spaces required shall be computed based upon Article IX, § 150-89B, Off-street parking, and be the sum of the applicable residential and the nonresidential components. The Board may reduce the number of spaces required if it is demonstrated that the operation of the specific nonresidential use proposed warrants a lower requirement.
[Added 10-26-2005 by Ord. No. 17-2005]
A.
Antennas and towers that are not municipal facilities.
(1)
Wireless telecommunications towers and antennas that
are not municipal facilities may be conditionally permitted on nonmunicipal
property in the Light Industrial Zone upon submission and approval
of a site plan and conditional use permit in accordance with the regulations
set forth below.
(2)
Wireless telecommunication antennas that are not municipal
facilities may be conditionally permitted on nonmunicipal property
in the Light Industrial Zone upon submission and approval of a site
plan and conditional use permit in accordance with regulations set
forth below.
B.
Aesthetics. Towers and antennas shall meet the following
requirements:
(1)
Towers being constructed may only take the form of
a flagpole (commonly known as "stealth construction"). Towers are
subjected to any applicable standards of the FAA and shall be painted
a neutral color so as to reduce visual obtrusiveness and to blend
or not detract from other structures within a one-thousand-foot radius
of tower location.
(2)
At the tower site, the design of the buildings, related
equipment and structures shall, to the extent possible, coincide with
the building architecture within a one-thousand-foot radius of said
buildings and structures, and use materials, colors, textures, screening,
and landscaping that will blend the towers into the natural setting
and surrounding buildings.
(3)
If an antenna is installed on a structure other than
a tower, the antenna and supporting electrical and mechanical equipment
must be of a neutral color that is identical to, or closely compatible
with, the architecture and color of the supporting structure so as
to make antenna and related equipment as visually unobtrusive as possible.
C.
Lighting. Towers shall not be artificially lighted
unless required by the FAA or other applicable authority. If lighting
is required, the lighting alternatives and design chosen must cause
the least disturbance to the surrounding views.
D.
State and federal requirements. State and federal
requirements must meet or exceed current standards and regulations
of the FAA, the FCC, and any other agency of the state or federal
government with authority to regulate towers and antennas.
E.
Measurement. For purposes of measurement, tower setbacks
and separation distances shall be calculated and applied to facilities
located in Atlantic Highlands Borough irrespective of municipal and
county jurisdictional boundaries.
F.
G.
Availability of suitable existing towers, other structures,
or alternative technology. No new tower shall be permitted unless
the applicant demonstrates to the reasonable satisfaction of the municipal
agency that no existing tower, structure or alternative technology
that does not require the use of towers or structures can accommodate
the applicant's proposed antenna. An applicant shall submit information
requested by the municipal agency related to the availability of suitable
existing towers, other structures, and alternative technology. Evidence
submitted shall demonstrate that no existing tower, structure or alternative
technology can accommodate the applicant's proposed antenna and may
consist of any of the following:
(1)
No existing towers or structures are located within
the geographical area that meets an applicant's engineering requirements.
(2)
Existing towers or structures are not of sufficient
height to meet applicant's engineering requirements.
(3)
Existing towers or structures do not have sufficient
structural strength to support applicant's proposed antenna and related
equipment.
(4)
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
(5)
The fees, costs or contractual provisions required
by the owner in order to share an existing tower or structure or to
adapt an existing tower or structure for sharing are unreasonable,
including the costs of collocation or rental/leasing costs. Costs
exceeding new tower development are presumed to be unreasonable.
(6)
The applicant demonstrates that there are other limiting
factors that render existing towers and structures unsuitable.
(7)
The applicant demonstrates that an alternative technology
that does not require the use of towers or structures, such as a cable
microcell network using multiple low-powered transmitters/receivers
attached to a wire line system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
H.
Minimum required setback. Towers shall conform with
each of the following minimum setback requirements:
(1)
Towers shall meet the setbacks of the underlying zoning
district with the exception of industrial zoning districts, where
towers may encroach into the rear setback area, provided that the
rear property line abuts another industrially zoned property and the
tower does not encroach upon any easements.
(2)
Towers shall be set back from the planned public rights-of-way
as shown on the most recently adopted Master Street Plan of the Borough
of Atlantic Highlands by a minimum distance equal to 1/2 of the height
of the tower including all antennas and attachments.
(3)
Towers shall not be located between a principal structure
and a public street, with the following exceptions:
(4)
A tower's setback may be reduced or its location in
relation to the public street varied, at the sole discretion of the
Board, to allow the integration of a tower into an existing or proposed
structure such as a church steeple, light standard, power line support
device, or similar structure.
(5)
Guy wires and accessory buildings must satisfy the
minimum zoning district setback and buffer requirements.
I.
Lot size. For purposes of determining whether the
installation of a tower or antenna complies with district development
regulations, including but not limited to setback requirements, lot
coverage requirements, and other such requirements, the dimensions
of the entire lot shall control, even though the antennas or towers
may be located on leased parcels within such lot.
J.
Minimum separation requirement between uses. The following
separation requirements shall apply:
(1)
Separation from off-site uses/designated areas.
(a)
Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Subsection J(1)(b) below, except as otherwise provided.
(b)
Towers shall maintain a separation distance
of 200 feet or 300% of the tower height, whichever is greater, from
residential dwelling units or from lands zoned for residential use.
(2)
Separation distances between towers. Separation distances
between towers shall be applicable for and measured between the proposed
tower and preexisting towers or other proposed towers. The separation
distances shall be measured by drawing or following a straight tine
between the base of the existing tower and the proposed base, pursuant
to a site plan, of the proposed tower. The separation distances (listed
in linear feet) shall be as shown below in the table of required separation
distances between towers.
|
Required Separation Distances
Between Wireless Communications Towers*
| |||||
|---|---|---|---|---|---|
|
Tower Type
|
Lattice
|
Guyed
|
Monopole: 75 feet in Height or Greater
|
Monopole: Less than 75 feet in Height
| |
|
Lattice
|
5,000
|
5,000
|
1,500
|
750
| |
|
Guyed
|
5,000
|
5,000
|
1,500
|
750
| |
|
Monopole: 75 feet in height or greater
|
1,500
|
1,500
|
1,500
| ||
|
Monopole: less than 75 feet in height
|
750
|
750
|
750
| ||
|
NOTE:
| ||
|---|---|---|
|
*
|
In linear feet
| |
K.
Buildings or other equipment storage.
(1)
Antennas mounted on structures or rooftops. The equipment
cabinet or structure used in association with antennas shall comply
with the following:
(a)
The cabinet or structure shall not contain more
than 200 square feet of gross floor areas or be more than 10 feet
in height. In addition, for buildings and structures which are less
than 65 feet in height, the related unmanned equipment structure,
if over 200 square feet of gross floor area or 10 feet in height,
shall be located on the ground and shall not be located on the roof
of the structure.
(b)
If the equipment structure is located on the
roof of a building, the area of the equipment structure and other
equipment and structures shall not occupy more than 10% of the roof
area.
(c)
Equipment storage buildings or cabinets shall
comply with all applicable building codes.
(2)
Antennas located on towers, utility poles, or light
poles. The related unmanned equipment structure shall not contain
more than 200 square feet of gross floor area or be more than 10 feet
in height, and shall be located in accordance with the minimum yard
and buffer requirements of the zoning district in which located and
shall be screened from view of all residential properties.
[Added 7-27-2011 by Ord. No. 10-2011]
A.
Permitted use. Bed-and-breakfast establishments may be permitted
as a conditional use in those zones specified, provided that the use,
structure and premises shall adhere to conditional use requirements
set forth in this section. These requirements shall be considered
minimum requirements. In the event that any applicable federal, state
and local codes, including, but not limited to, building, fire, health
and safety codes (hereinafter "compliance codes"), contain more stringent
provisions, the more stringent provisions shall apply. Bed-and-breakfast
establishments shall be considered as nonresidential development for
the purposes of the Zoning Ordinance.
B.
BED-AND-BREAKFAST ESTABLISHMENT
OWNER-OCCUPIED
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A dwelling unit or part thereof, in which overnight accommodations
and a forenoon meal are provided to transients for compensation. Such
establishments shall also meet the definition and standards established
by any applicable federal, state or local building, fire, health or
safety code. They shall not include establishments providing long-term
accommodations, that are classified as a "R-3 Bed-and-Breakfast Home
Stay," rooming house or boardinghouse as defined by N.J.S.A. 55:13B-3.
The residing in a dwelling unit of a bed-and-breakfast establishment
by an individual or individuals having a controlling proprietary interest
therein and meeting the requirements of owner occupancy contained
in any compliance code applicable to bed-and-breakfast establishments.
C.
Principal use. A bed-and-breakfast establishment shall be considered
as a principal use of property, and no more than one principal use
may exist on any one lot.
D.
Physical requirements. The physical facilities of the bed-and-breakfast
establishment shall be subject to the following requirements which
shall be considered minimum requirements and shall also be subject
to all applicable compliance codes. In the event that any applicable
compliance code or this section contains more stringent provisions
than the other, the more stringent provisions shall apply.
(1)
Architectural guidelines. Buildings and structures used as a
bed-and-breakfast establishment are encouraged to harmonize with existing
conditions of the neighborhood in which they are located, and the
building and grounds thereof shall maintain a residential appearance.
(2)
Occupancy. Bed-and-breakfast establishments shall be owner-occupied.
Bed-and-breakfast establishments may have nonresident employees. The
maximum occupancy per guest room shall be two adults and one minor
child.
(3)
Bathrooms. The building shall have a minimum of one bathroom
dedicated to the owner occupant; one additional bathroom for each
three guest rooms and one half-bath/washroom which shall be accessible
from the common areas.
(4)
Common areas. Each bed-and-breakfast establishment shall, in
addition to the guest rooms, include an indoor common gathering/dining
area with a minimum aggregate area of 300 square feet for the exclusive
use of guests, including, but not limited to, parlors, dining rooms,
libraries and solariums.
(5)
Parking requirements. All parking for the bed-and-breakfast
shall be located on site. Two parking spaces shall be provided for
the owner. One parking space shall be provided for each guest room.
Parking spaces shall have a minimum dimension of nine feet by 18 feet.
Parking spaces shall comply with the setback requirements for the
zone in which the bed-and-breakfast establishment is located. Tandem
parking shall be prohibited.
(6)
Signage. A maximum of one sign shall be permitted for a bed-and-breakfast
establishment. No facade signs are permitted. Signs shall be freestanding.
The sign height shall be limited to six feet. The sign area shall
be limited to four square feet on each side. Signs shall not be internally
lit. Lighting may be provided from an integrated shaded fixture or
an external spot light aimed to illuminate the sign. Lights shall
be designed so that there is no light spillage beyond the property
lines and shall provide shields as necessary to accomplish this. The
message to be contained on the sign shall be limited to the name of
the establishment, a house or street number, phone number and associated
"logo." The sign shall be located in a front yard area. The sign shall
be located a minimum of six feet interior from the front property
line. The sign shall not be located within a public right-of-way.
The sign shall not be located within any sight triangle.
(7)
Annual inspection. Bed-and-breakfast establishments shall be
licensed in accordance with the licensing provisions of the ordinance
and inspected for compliance with the conditional use requirements
and all other licensing requirements on at least an annual basis and
upon any change in ownership. [1]
(8)
Compliance with code regulations. Bed-and-breakfast establishments
shall meet all applicable compliance codes. At minimum, each establishment
shall be equipped with a hardwired central alarm system for fire,
smoke and carbon monoxide detection. Kitchen facilities shall meet
all applicable compliance codes, including, but not limited to, Department
of Community Affairs, New Jersey Administrative Code, Uniform Fire
Code, Uniform Construction Code and Board of Health Code.
(9)
Meals. Bed-and-breakfast establishments shall provide forenoon
meal service. Meal service shall be limited to registered guests and
shall be limited to a single forenoon meal. Cooking in guest rooms
shall be prohibited.
(10)
Guest registry. The bed-and-breakfast establishment shall maintain
a guest registry including the following information which shall be
obtained and entered at or before the time of registration:
(11)
Limitation on guest stays. The length of visit for any guest
shall be limited to 14 consecutive days during a single visit. A visit
exceeding five consecutive days shall be considered an "extended visit."
Extended visits shall not occur more often than four times per year.
Visits must be separated by a minimum of three days. Extended visits
must be separated by a minimum of 30 days.
(12)
Bulk zoning requirements. The bulk zoning requirements for bed-and-breakfast
establishments shall be the same as those for other uses in the zone
in which it is located with the following additional requirements:
(a)
No lot shall have an area less than 22,000 square feet.
(b)
Each lot shall have perimeter fencing or landscape screening
a minimum of five feet in height along property lines contiguous to
residential lots, uses or zones.
(c)
The lot must have frontage on a street which is not a limited-access
roadway, one-lane roadway or dead-end roadway.
(13)
Site plan requirements and standards. Bed-and-breakfast establishments
shall be required to obtain site plan approval to insure compliance
with the applicable standards as set forth in the Site Plan Ordinance
and these conditional use requirements. Site plans shall be based
upon a certified survey and sealed architectural plans. The applicant
shall provide information sufficient to establish the availability
of public utilities and other necessary services.
