[Ord. No. O-07-06 § 29; Ord. No. O-09-33 §§ 7, 8; Ord. No. O-12-10 § 4; reserved
by Ord. No. O-2018-06 § 2]
[Ord. No. O-07-06 § 30; Ord. No. O-10-10 § 3; Ord. No. O-12-10 § 5; Ord. No. O-2018-01 § 2]
A. The following regulations shall apply in the Central Business District:
1. Permitted Principal Uses.
a. Retail sales and services, business and personal service establishments;
b. Finance such as banks, savings institutions, credit unions, consumer
lending, and securities brokerage;
c. Insurance offices such as life, health, medical carriers, claims
adjusting and all other insurance related activities;
d. Medical and health care offices;
e. Restaurants, bars and taverns and other eating establishments, except
drive through restaurants;
f. Professional, administrative and business office and services;
g. Recreational retail sales and service businesses related to water
sports and outdoor recreation, such as, but not limited to, bicycling,
fishing and surfing;
j. Taxi/livery/bus companies, except on parcels with frontage on Bay
Avenue;
k. Essential services as defined in this chapter;
l. Offices and facilities for municipal, County, State and Federal government;
m. Art, handicraft studios/workshops and galleries and craft stores;
n. Microbreweries and distilleries;
q. Music, ballet and dance studios;
r. Hardware, plumbing and electric supply sales;
s. Health and fitness studios including spa services;
t. Existing single-family homes; and
u. Residential above the first floor.
2. Permitted Accessory Uses: Off street parking areas; Uses and structures
customarily subordinate and incidental to permitted principal uses
and permitted conditional uses.
3. Conditional Uses:
c. Parking as a principal use; and
d. Cannabis retailer as provided in §
21-97M.
[Added 7-14-2021 by Ord. No. O-21-23]
4. Area and Bulk requirements as shown in Schedule I and below.
a. Side yards. No side yard is required adjacent to the properties in
the CBD zone, however, if any is to be provided, it shall be at least
five (5) feet. Any side yard which serves as a boundary between that
lot and any residence zone shall be at least five (5) feet and shall
contain buffering in accordance with the requirements of this section.
b. For any building containing residential uses, outdoor living space
shall be provided, at the rate of one hundred (100) square feet per
unit, plus fifty (50) square feet per bedroom. This space may be provided
either at ground level or directly adjacent to the unit in the form
of decks and/or roof top terraces. The area provided shall be private,
for the exclusive use of the residential terrace and shall be sufficiently
screened or otherwise designed to insure that privacy and exclusive
use.
[Ord. No. O-07-06 § 32; Ord. No. O-12-10 § 6]
A. The following regulations apply to the Highway Oriented Business
zone district:
1. Permitted Principal Uses.
a.
All uses permitted in the CBD zone, however drive-through type
uses are permitted.
[Amended 7-14-2021 by Ord. No. O-21-23]
b.
Health and fitness establishments; athletic clubs, and day spas
only on lots fronting N.J. Highway Route 36.
2. Permitted Accessory Uses.
a.
All uses permitted in the CBD zone.
[Amended 7-14-2021 by Ord. No. O-21-23]
3. Conditional Uses.
a. Wireless communication facilities.
b. Cannabis retailer as provided in §
21-97M.
[Added 7-14-2021 by Ord. No. O-21-23]
4. Area and bulk requirements, as shown in Schedule I.
[Ord. No. O-09-33 § 9; Ord. No. O-10-10 § 4]
A. The following shall apply in all WC-1 districts.
1. Permitted Principal Uses.
All uses permitted in the WT-C1 district, except that residential
uses shall be prohibited.
Restaurants.
Bars and taverns.
Marine sales.
Boat yards.
Charter and excursion boats, off-shore uses.
2. Permitted Accessory Uses.
Retail sales and service establishments.
Ferry services.
3. Conditional Uses.
Commercial boat storage.
Wireless communication facilities.
4. Area and bulk requirements, as shown on Schedule I.
5. Parking provided in conformance with subsection 21-84.3.
[Ord. No. O-07-06 § 34; Ord. No. O-12-10 § 8]
A. Purpose. The purpose of the Mixed-Use zone district (MXD) is to encourage
the development of livable neighborhoods which contain townhouse residential
dwelling units, professional work space; nonresidential uses which
are supported by a multi-modal transportation node. The MXD zone district
encourages uses that are compatible with and will benefit from the
weekday New York City ferry service; the Sandy Hook Bay Marina and
open space areas from the County Park. The MXD zone district also
should incorporate a unifying seaside architectural theme that will
provide attractiveness and consistency to the area.
It is the Borough's intention, in the creation of this zone
district, to provide for comprehensive mixed-use development rather
than lot-by-lot development to encourage innovative and desirable
design and layout of residential and nonresidential structures. A
mixed-use development shall consist of both residential and nonresidential
uses.
B. Permitted Principal Uses.
1. Residential:
b.
Multi-family dwellings in accordance with the MF Multi-Family Residence Zone District standards, Section
21-88.
2. Commercial Uses in Conjunction with a Planned Mixed-Use Development:
a.
Marinas, including retail boat sales.
d.
Restaurants, including full service and outdoor dining facility.
3. Existing mobile home parks, as defined herein, as a principal permitted use, and in accordance with the requirements of Section
21-89. Existing mobile home parks shall not be permitted to expand the boundaries of the park area that are existing at the time of the adoption of this amendment (June 20, 2012) and any and all replacement of dwellings within an existing park and any construction shall be in full compliance with Federal Emergency Management Agency rules and Part 7 Flood Damage Prevention flood hazard regulations of this chapter.
4. Hotels, maximum height of four (4) stories and forty-seven (47) feet,
in accordance with the following:
a.
The minimum floor area per unit shall be two hundred fifty (250)
square feet.
b.
All solid waste containers for storage and pickup shall be centrally
located and easily accessible and within a screened enclosure on the
street level.
c.
All hotel uses shall be provided with adequate fire safety and
evacuation provisions and sprinkler systems. Regardless of the number
of rooms, such facilities shall be approved by the Municipal Fire
Subcode Official and shall incorporate all applicable requirements
of the National Fire Protection Association Code and the NJ Uniform
Construction Code.
d.
Each unit of accommodation shall contain a minimum of two (2)
rooms, a bedroom, and a separate bathroom which affords privacy to
a person within the room and is equipped with a toilet, a wash basin
and bathtub/shower. Kitchen facilities are prohibited.
e.
The hotel shall contain a main lobby, a central reservation/guest
registration desk and a specified area for the pickup and drop off
of guests and luggage.
f.
Each hotel shall provide parking at a minimum ratio of one (1)
space per unit of accommodation.
g.
The structure shall not be a "rooming house" or "boarding house"
as defined by current New Jersey statute.
h.
Once established, a hotel use shall not be converted to a multi-family
residential use such as apartments, townhouses, or condominium living
arrangements.
C. Permitted Accessory Uses.
2. Charter and excursion boats, off-shore areas.
3. Community center, devoted exclusively to the residents of the mixed-use
development.
4. Home professional offices.
6. Pools, tennis courts, exercise rooms and recreation facilities for
use of residents and guests.
7. Public and private boatslip/dock for personal watercraft and as accessory
to residential and commercial uses.
8. Retail services, specific to marina related services.
9. Uses accessory or incidental to the principal use.
D. Bulk and Area Requirements.
1. Minimum tract size: two (2) acres.
2. Average setback from tract boundaries and all other right-of-way
lines: Twenty (20) feet, but in no case shall the setback be less
than fifteen (15) feet.
3. Maximum density: Fourteen (14) dwelling units per acre.
4. Minimum tract width: One hundred twenty-five (125) feet.
5. Minimum tract depth: One hundred (100) feet.
6. Maximum building coverage for the entire tract: Thirty-five (35%)
percent.
7. Maximum floor area ratio for the entire tract: 0.45.
8. Maximum impervious coverage for the entire tract: Eighty (80%) percent.
9. Maximum units per structure: Five (5) dwelling units.
10.
Maximum building length: One hundred fifty (150) feet.
11.
Maximum height: Two and one-half (2.5) habitable stories over
the garage at grade level; thirty-five (35) feet.
12.
A structure shall not have more than two (2) connected townhouse
units on one (1) facade without providing a variation in setback of
at least four (4) feet.
13.
The spacing of residential buildings shall adhere to the following
minimums:
a.
End wall to end wall: Twenty-four (24) feet.
b.
End wall to window wall: Thirty (30) feet.
c.
Windowed wall to windowed wall:
(1) Front to front: Seventy-five (75) feet.
(2) Rear to rear: Fifty (50) feet.
(3) End to end: Thirty (30) feet.
d.
Any building face to residential access street curb and municipal
right-of-way: Twenty (20) feet.
e.
Any building face to common parking area: Twelve (12) feet.
14.
Minimum separation of nonresidential structures from all other
principal structures: Thirty (30) feet.
15.
Any approval for development in the MXD zone, which results
in the retirement of the mobile home park or the removal of any residents
of the mobile home park shall contain a condition that the applicant
shall provide proof, to the satisfaction of the board of original
jurisdiction, that adequate private residential facilities and circumstances
exist for the relocation of those mobile park residents consistent
with the requirements of N.J.S.A. 46:8C-21. Although N.J.S.A. 46:8C-21
is invoked by an application for one (1) or more variance(s), the
requirements of N.J.S.A. 46:8C-21 shall apply to the aforementioned
circumstances regardless of whether or not the application requires
one (1) or more variance(s). For purposes of this chapter, "adequate
private residential facilities and circumstances" shall share the
definition of "comparable housing or park site" as provided in N.J.S.A.
2A:18-61.7(a). An applicant must provide proof of compliance with
this paragraph 15 to the board of original jurisdiction prior to obtaining
final approval. This section is not severable from the other provisions
of the chapter and the zoning of the property to the MXD zone is conditioned
upon the above relocation provision.
E. Townhouse Guidelines. For purposes of this section, townhouses shall
be defined as follows:
An attached one-family dwelling in a row of at least three (3)
such units, where each dwelling unit is compatibility designed in
relation to all other units, each unit has its own front and rear
access to the outside, no unit is located over another unit, and each
unit is separated from any other unit by one (1) or more vertical
common fire-resistant walls.
The following requirements shall apply to townhouse residential
dwelling units:
1. Entrances to townhouses should enhance the pedestrian scale character
of the area by strengthening a unit's connection with public streets
and internal roadways and by masking the appearance of garage doors.
2. Townhouses fronting on residential streets should have their main
pedestrian entrances on the street side.
3. Townhouses adjacent to public roads and trails should have their
main front doors visible and accessible from that road or trail, using
stairs and new grading, if required, to do so. Direct access for each
unit should also be provided to the internal pedestrian and view corridors.
4. The main entrances should emulate the front entrance of single-family
homes.
5. Incorporate an architectural theme pursuant to paragraph G, Architectural
Design Guidelines, with the appropriate variations in design to provide
attractiveness to the development design.
6. Employ features such as front stairs, stoops, gateways, porches,
and weather protection to enhance the residential quality of unit
and building entries, the visibility of such entries, a comfortable
architectural rhythm along the street, and a human scale.
7. Incorporate human-scale elements (windows, doors, roof elements,
trellises, etc.) into the building façade visible from the
street.
8. Where townhouses are designed with the end wall adjacent to the public
street, the pedestrian entry for the end unit should be designed to
also face the street.
9. Discourage situations where the main entrances to units are adjacent
to, or on the same façade as garage doors. Garages and off-street
parking shall be accessed from the rear of the building, which shall
be accessible from a road employing end-unit driveways. Each townhouse
unit shall provide at least one (1) parking space in a garage for
its exclusive use.
10.
Chimneys, dormers, gables, and similar elements may project
into the slope of the roof provided they do not exceed one-half (1/2)
of the roof line. They should also result in an improved design.
11.
All dwelling units shall be connected to approved functioning
water and sanitary systems prior to the issuance of a Certificate
of Occupancy.
12.
All parking facilities shall be on the same site as the building
and located within one hundred fifty (150) feet of the nearest entrance
of the building they are intended to serve.
a.
Parking spaces shall be provided in areas designed specifically
for parking and there shall be no parallel or diagonal parking.
b.
Townhouses shall comply with the minimum parking standards of
the NJRSIS (Subchapter 4).
13.
No outside area or equipment shall be provided for the hanging
of laundry or the outside airing of laundry in any manner. Sufficient
area and equipment shall be made available within each building for
the laundering and artificial drying of the laundry of the occupants
of each building.
14.
Dwelling units shall not erect individual external television
antennas/satellite dishes.
15.
No townhouse dwelling unit shall be less than twenty-four (24)
feet wide.
16.
Adequate trash and garbage pickup stations shall be provided
within a totally enclosed container located in a manner to be obscured
from view from parking areas, streets and adjacent residential uses
by a fence, wall, planting or combination of the three (3).
17.
Ingress/egress stairs/steps shall not encroach into the municipal
right-of-way.
18.
Each townhouse development may have one (1) sign along each
public street, which the tract in question abuts, provided there exists
at least two hundred fifty (250) feet of unbroken frontage. Such signs
shall not exceed six (6) feet in height, shall be set back from the
street rights-of-way, property lines, and driveways at least ten (10)
feet and shall not exceed an area of fifteen (15) square feet and
shall be used to display the development's name.
19.
Setback from waterfront shall be pursuant to New Jersey Department
of Environmental Protection requirements and regulations.
20.
All structures in the flood hazard areas, especially the velocity
zone as defined by the Federal Emergency Management Agency (FEMA),
shall comply with FEMA Coastal Construction principles and practices.
F. Multi-family Residential Guidelines.
1. Multi-family residential units shall comply with the requirements of Chapter
21 Section 88, MF Multi-family Residence.
G. Common Facilities.
1. All areas put into common ownership for common use by all residents
shall be owned by a nonprofit homeowners' association in accordance
with the requirements of the Department of Community Affairs.
2. Townhouse and multi-family residential areas may elect to provide
outdoor recreation facilities such as a swimming pool, regulation-size
tennis court and other such facilities. Other recreation facilities
may include but are not limited to walkways, picnic area and nature
trails available to all townhouse residents and their guests.
3. An irrigation system shall be provided where grassed recreation areas
occur.
4. Accessory buildings for the outdoor recreation facilities and for
maintenance purposes shall be provided and shall be sufficient to
store recreational and maintenance equipment and supplies.
5. Public access to the waterfront shall be provided and shall facilitate
wheelchair access.
H. Architectural Design Guidelines. The purpose of these design guidelines
is to specify the architectural theme to be invoked in the Mixed-Use
District in Highlands Borough. These design guidelines are directed
towards the development of new townhouse and multi-family residential
dwelling units and nonresidential structures that employ the "Shingle
Style" simplicity, colors and volume.
The residential and nonresidential structures in the Mixed Use
Zone District (MXD) may include several features of Shingle Style
architecture, which includes the following elements:
1. Shingles should form a continuous covering, stretched smooth over
rooflines and around corners in a kind of contoured envelope on a
two- to three- story structure. The shingles may be wavy or patterned.
2. Exterior building materials shall be appropriate to the Shingle Style.
Use of wood is encouraged with attention given to color, texture,
details and bond pattern. Other exterior materials, including cedar
shake, hardie board and other composite materials that mimic "cedar
shingles," are permitted provided that they are appropriate to the
style of the structure. Use of diagonal and vertical wood patterns,
wood paneling, naturally painted wood, and similar materials and techniques
incompatible with the significant structures in the district is discouraged.
3. Exterior surfaces covered in shingles should draw upon natural seaside
colors, such as Indian reds, olive green and deep yellows. The Shingle
Style is monotone and unornamented and is generally stained in a single
color to create uniformity.
4. Heavy stone foundation spreads low against the ground and masonry
is often dark and roughhewn.
5. Roofs contain an irregular roofline, cross gables or gambrel roofs.
Eaves are found on several levels and are close to the walls so as
not to distract from the homogeneous and monochromatic shingle covering.
Embellishments may include tall turrets.
6. Rounded contours sheltered by a broad and overhanging roof. The sweep
of the roof may continue to the first floor level providing cover
for wide sweeping porches, or is steeply pitched and multi-planed.
7. Entries are defined by heavy (often low) arches; columns are short
and stubby.
8. Windows may include Palladian windows, casement and sash windows
which are generally small, may have many lights, and often are grouped
into twos or threes and a distinct curving "eyebrow" dormer.