[Ord. No. O-97-16 § 1; Ord. No. O-07-06 §§ 36,
37; Ord. No. O-07-0716; Ord. No. O-09-33 §§ 11,
12; Ord. No. O-10-10 §§ 7,
8; Ord. No. O-2018-01 § 4]
A.
Bed and Breakfast. The following conditions shall be met:
1.
The lot size, frontage, building and lot coverage shall be conforming
both before and after the approval of the conditional use.
2.
The required parking shall be off-street and may be provided either
on-site or at a designated off-site location solely for this use.
Parking shall be provided at a rate of one (1) space for each guest
room and two (2) spaces for the owner/operator. If parking is provided
off site, the continuation of the conditional use will be based on
the continued availability of that parking. Should the required number
of off-site parking spaces be reduced or eliminated, the number of
guest rooms shall be reduced or the bed and breakfast use be discontinued
in accordance with the available parking.
3.
Regardless of the location of the parking, a drop-off/standing area
shall be provided on site for guests checking in or out.
4.
Landscaped screening or fencing shall be required for any outside
areas for guest use in the side or rear yard to provide a buffer to
adjacent residential uses.
5.
(Reserved)
6.
Signage shall be limited to one (1) freestanding sign not to exceed
four (4) square feet and one (1) house mounted name sign not to exceed
one and one-half (1 1/2) square feet.
B.
Art, Handicraft Studios/Workshops and Galleries.
1.
The lot size, frontage, building and lot coverage shall be conforming
both before and after the approval of the conditional use.
2.
The nonresidential use shall be limited to the area of the first
floor existing at the time of adoption of this chapter. The number
of nonresident employees shall not exceed three (3) at any time.
3.
The owner of the property shall occupy the residential unit and/or
operate the business on site.
4.
The required parking shall be off-street and may be provided either
on or off site. Parking shall be provided at a rate of one (1) per
four hundred (400) square feet of nonresidential space, two (2) per
dwelling unit and one (1) per employee.
5.
A year-round landscaped screen or fence shall be provided along the
side property lines adjacent to any residential use, including a bed
and breakfast.
C.
Home Occupations.
1.
The lot size, frontage, building and lot coverage shall be conforming
both before and after the approval of the conditional use.
2.
The nonresidential use shall not exceed the lessor of fifty (50%)
percent or eight hundred (800) square feet of the area of the first
floor existing at the time of adoption of this chapter. The number
of nonresident employees shall not exceed two (2) at any time.
3.
The required parking shall be off-street and shall be provided on-site
in a manner which does not detract from the residential appearance
of the site.
4.
Any delivery of goods, material, or supplies either to or from the
premises shall be made only by a means typically used to deliver to
residential uses.
5.
Uses shall be limited to those which require little or no customer/client
visitation to the site.
D.
Commercial Fishing.
1.
The number of participants shall be limited to residents of the property
and no more than four (4) nonresidents.
2.
All equipment related to the fishing operation, including coolers,
traps, parts, shall be stored behind the front face of the principal
building and shall be screened with year-round landscaping or fencing
from view from the street or adjacent residential uses, including
bed and breakfasts.
E.
Business and Professional Uses in the R-B Zone. The following conditions
shall be met:
1.
The lot shall be conforming in lot size, building coverage and FAR
both before and after the approval of the conditional use.
2.
The nonresidential use shall not exceed one thousand (1,000) square
feet or one-half (1/2) of the floor area of the building, whichever
is less.
3.
All required parking shall be provided on-site. Parking shall be
provided at a rate of two (2) spaces per dwelling unit, one (1) space
per nonresident employee and one (1) space per two hundred (200) square
feet of office.
4.
Nonresident employees shall not exceed two (2) on-site at any time.
5.
Screening shall be provided for all parking areas; and lighting shall
be shielded to avoid glare onto adjacent residential uses.
6.
Signage shall be limited to one (1) freestanding sign not to exceed
four (4) square feet and one (1) house mounted name sign not to exceed
one and one-half (1 1/2) square feet.
F.
Commercial Boat Storage and Boat Storage Racks.
1.
The height of any boat storage facility, including racks, shall be
limited to a maximum of thirty (30) feet, not to exceed three (3)
tiers of boats.
2.
Adjacent to residential zones or uses, boat storage facilities shall
have a setback of not less than one and one-half (1 1/2) foot
for every foot of height of the boat storage facility, but not less
than the setback required for a principal structure.
3.
All required parking must be provided on-site.
4.
The site development, including the boat storage, must meet the building
coverage, lot coverage and floor area ratio for the zone. Floor area
for a boat rack shall be calculated to include the area of all of
the tiers.
G.
Wireless Communication Facilities. Radio, television or wireless
telecommunications towers and facilities (not including broadcasting
studio or business office), operated under regulations of the Federal
Communications Commission or the Telecommunications Act of 1996, are
permitted by Conditional Use Permit and Major Site Plan Approval after
a public hearing noticed in accordance with the Municipal Land Use
Law, and in accordance with the following conditions:
1.
With regard to the requirements for the siting of wireless (radio,
television, digital (PCS) and cellular telecommunications) towers
and facilities, it is the express objective of this section to provide
reasonable opportunities for the siting of such facilities in the
various business and commercial zones throughout the Borough of Highlands
without adversely impacting the visual quality and character of the
Borough's diverse residential neighborhoods. Further, it is the policy
of the Borough that existing buildings and structures be used where
appropriate, with tower facilities considered only as a last resort.
Wireless tower facilities should be located or collocated on property
that is owned by the Borough, other public entity or a utility company,
where possible. The specific site standards provided herein are designed
to enable equal access by wireless companies to the airwaves, while
using vertical elements, such as trees and buildings to provide "angles
of occlusion" that completely or partially block or screen views of
a freestanding tower from residential uses and zones depending on
the viewing distance and relative elevations.
2.
A freestanding radio, television or wireless telecommunication tower
shall be located at a distance to any property line of at least one
and one-half (1 1/2) times the height of the tower structure.
For the purposes of this section, the height of the tower structure
shall be the positive or negative difference between the average grade
elevation at each property line and the grade elevation at the base
of the tower, plus the height of the tower, inclusive of antennas.
Where the proposed tower structure is designed to collapse on itself
rather than fall in one piece, the Board may permit a distance to
a property line of not less than one (1) times the height of the structure
as provided above. This section shall not be construed to permit a
tower to be located at a distance from any property line that is less
than the dimension from the base to the top of the tower structure,
inclusive of antennas.
3.
All wireless telecommunication towers shall be of a monopole design,
painted in either earth tone or sky blue colors, depending on the
size and nature of surrounding vegetation, so as to visually blend
with its surroundings.
4.
The minimum lot size for the siting of a freestanding wireless telecommunication
tower shall be in accordance with the following:
|
Tower Height
|
Minimum Lot Area
|
|---|---|
|
100 feet or less
|
1 acre
|
|
Over 100 feet and Under 200 feet
|
3 acres
|
|
Over 200 feet
|
9 acres
|
5.
Where the site proposed for a freestanding tower structure is abutting
a residential zone or is on the opposite side of a street from a residential
zone or residential use, large shade trees and existing and/or proposed
buildings on the site shall be used to provide an angle of occlusion
from the property line to the top of the structure of fifty (50) degrees
or less (fifty (50) degrees from the horizon line is the upper limit
of the normal vertical cone of vision). To achieve the occlusion,
a row of shade trees shall be preserved, and/or planted at fifty (50%)
percent of the distance between the tower and the property line, and
a second row at ninety (90%) percent of the distance between the tower
and property line (see illustrations below). Transplanted trees shall
have a minimum caliper of three (3) inches, be spaced on thirty (30)
foot centers and have a typical height at maturity of at least fifty
(50) feet.
 |
6.
The collocation of a cellular antenna on an existing building, water
tower, silo or equivalent vertical structure, including an existing
radio or television tower, is permitted without the need to meet the
conditions of paragraphs 1 through 5 above. If the height of the existing
structure is to be increased by the attachment of the new structure
of more than twenty (20%) percent of the original structure, all of
the conditions herein shall apply as to a new freestanding structure.
Where a wireless antenna array and equipment enclosure can be attached
to, or internalized within a building or structure in a manner that
does not require a separate supporting structure, such antennas and
equipment shall meet the requirements of an accessory use subject
to Section 21-78A4 of the Highlands Land Development Ordinance.
7.
A decorative disguising structure such as a clock tower or lighthouse
may also be approved as an alternative to the conditions of paragraphs
1 through 5 at the discretion of the board of jurisdiction.
8.
Towers to be sited on developed properties shall be located to the
rear of other principal buildings and shall not encroach on planting
buffers, parking areas or otherwise impair the operation of previously
approved systems such as stormwater drainage basins. Existing buildings
and structures should be used in the siting of freestanding towers
to contribute to the angle of occlusion as illustrated above.
9.
Towers to be sited on undeveloped properties shall apply the standards
of the condition of paragraph 5 herein to all property lines, including
the street line, except that a driveway shall be permitted to gain
access to the facility for maintenance personnel and equipment.
10.
Any building used as an accessory to the tower shall be located in
accordance with the minimum height and yard requirements of the zoning
district applicable to the site and three (3) adjacent off-street
parking spaces shall be provided for service vehicles. All areas of
the site that are not devoted to the tower, accessory building or
paved areas and not part of the perimeter tree planting described
in the condition of paragraph 5 above shall be naturalized and/or
maintained as mowed turf. Any regrading for stormwater detention that
is required by the Borough Engineer shall be accommodated in this
open area.
11.
Independent freestanding facilities on separate sites shall include
adequate lighting at the discretion of the board of jurisdiction.
Facilities located on existing developed sites shall be incorporated
into the lighting and landscaping plans of those sites.
12.
As part of the requirement for visual occlusion, the Board may require,
on sites less than three (3) acres, a six (6) foot solid or semi-open
decorative wood fence on any property line or front setback line within
or abutting a residential zone or on the opposite side of the street
from a residential zone or use. The area around the base of all towers
and accessory buildings shall be secured with a six (6) foot chain
link fence, provided that razor wire, barbed wire or equivalent measures
intended to cause injury shall be prohibited.
13.
Upon cessation of use of the tower site for the approved or preexisting
conditional use, the tower structure and antenna shall be removed
within one (1) year, subject to FCC concurrence. In the case of collocated
antenna on pre-existing vertical structures, this provision shall
apply to the antenna only.
14.
In order to avoid the visual impact of the over-concentration of
new towers in any one (1) location, no new wireless tower shall be
constructed within one (1) mile of an existing or approved wireless
tower.
15.
The applicant shall provide documentation that the proposed wireless
communications facility will have electromagnetic emissions within
the safety standards established by the FCC, as amended, or any superseding
state or national standard in effect on the date the Conditional Use
Permit Application is submitted to the Board.
H.
Satellite Dish Antennas. A satellite dish antenna is herein defined
as a device incorporating a reflective surface that is solid, open
mesh or bar configured and in the shape of a shallow dish, cone, horn
or cornucopia, for use to receive and/or transmit radio or electromagnetic
waves between terrestrially and/or orbitally based uses. Satellite
dish antennas are permitted by Conditional Use Permit and in accordance
with the following conditions:
1.
No satellite dish antenna larger than one (1) meter in diameter shall
be installed in any residential zone except that one (1) satellite
dish antenna may be permitted as an accessory use to a single-family
dwelling or multifamily apartment use pursuant to FCC regulations,
subject to the following standards:
2.
The requirements of this section shall apply to all satellite dish
antennas, regardless of diameter, proposed to be located in historic
districts subsequent to the designation thereof in the Highlands Borough
Master Plan and successful petition to the Federal Communications
Commission by the Borough for a waiver of preemption.
3.
Except where otherwise specified herein, the reflective surface of
the satellite dish shall not exceed six (6) feet in diameter.
4.
A freestanding satellite dish regulated by this section shall be
subject to the same location requirements as other principal buildings
in the same zoning district. No roof-mounted antenna of any kind shall
be located on any part of the roof facing the front yard of the dwelling
or apartment building or exceed the height provisions of Section 21-78A4
of the Highlands Borough Land Development Ordinance.
5.
A freestanding satellite dish shall be located as close to the center
of the rear yard and rear facade of a principal building as possible
without causing significant interference with reception. A waiver
may be sought from the board of jurisdiction for a location within
the required yard area of a principal building, but in no case shall
it be permitted nearer to a property line than is allowed for accessory
buildings in the zoning district. For aesthetic and safety purposes,
the rear yard shall be enclosed with a fence that is opaque to a height
of at least four (4) feet and that otherwise conforms to the fence
requirements of the Borough of Highlands. The perimeter of the base
of the supporting structure shall be landscaped with appropriate plant
materials to a height of three (3) feet or the lowest part of a dish
antenna, whichever is higher.
6.
A freestanding satellite dish antenna shall not exceed ten (10) feet
in height measured from the base to the top of the antenna in an upright
position.
7.
Satellite dish antennas and supporting structures shall be maintained
in good physical condition and comply with all applicable building
and safety codes.
I.
Senior Care Living Facilities. Senior care living may include assisted
living facilities, residential health care facilities; and, continuing
care retirement communities, may be permitted as a conditional use
in the MF zoning district provided that the lot, use and structure
adhere to the minimum standard of the MF zone and the following:
1.
Minimum lot area shall be sixty thousand (60,000) square feet.
2.
Compliance with the bulk, yard and building requirements of the MF
Multi-Family Residence Zone.
3.
A Certificate from the New Jersey Department of Health and Senior
Services shall be demonstrated.
4.
A buffer area of at least fifteen (15) feet in width shall be provided
to adjacent residential uses, consisting of massed evergreen and deciduous
plantings.
K.
Hotels. Where specifically permitted pursuant to this chapter, the
following minimum standards shall be met:
1.
The minimum floor area per unit shall be two hundred fifty (250)
square feet.
2.
A hotel as defined herein may have a maximum building height of thirty-six
(36) feet or three (3) stories. If more than fifty (50%) percent of
the ground level of the hotel consists of an on-site parking area,
the building height may be forty-seven (47) feet or three (3) stories
above the off-street parking area.
3.
All solid waste containers for storage and pickup shall be centrally
located and easily accessible and within a screened enclosure on the
street level.
4.
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.
5.
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.
6.
The first floor area of a hotel, or the first level over on-site
parking, may be used for offices, permitted nonresidential uses, coffee
shop or restaurant. The first floor area of the hotel structure does
not have to be associated or related to the hotel use.
7.
The hotel shall contain a main lobby, a central reservation/guest
registration desk and a specified area for the pick up and drop off
of guests and luggage.
8.
Each hotel shall provide parking at a ratio of one (1) space per
unit of accommodation. The parking may be provided on site or within
one thousand (1,000) feet of the hotel property. A minimum of fifty
(50%) percent of the required parking shall be provided on the same
lot, parcel, and tract of the hotel use.
9.
The hotel use may provide some of the required parking on another
parcel, which may or may not be contiguous to the hotel parcel, provided
that the property line of the off-site parking lot is within one thousand
(1,000) feet from the front or rear customer entrance of the hotel
structure. In addition the applicant shall provide written assurances
acceptable to the appropriate Board that the parking will remain available
in the future. Such assurances shall be in the form of lease agreements
or deed restrictions which will be reviewed by the attorney of the
board of jurisdiction. The parking assurances may be linked to a municipal
mercantile license.
10.
The buffer zone between the rear setback of a hotel and adjacent
residential uses or district shall comply with the requirements of
this chapter but shall not be less than ten (10) feet in width.
11.
The structure shall not be a "rooming house" or "boarding house"
as defined by current New Jersey statute.
12.
Once established, a hotel use shall not be converted to a multifamily
residential use such as apartments, townhouses, or condominium living
arrangements.
L.
Parking as a principal use. Parking as a principal use may be permitted in specified zones only upon receipt of a conditional use permit, provided that applicable Article XI Design Standards are met together with any other requirements deemed necessary by the Land Use Board, any other applicable requirements of this chapter, and subject to following conditions:
1.
Parking shall be used for permitted or approved conditional uses
(except for other parking uses) in the CBD Zone.
2.
Commuter parking shall not be allowed in any portion of the property.
Notwithstanding anything contained herein to the contrary, all
ordinances inconsistent herewith are expressly repealed to the extent
of such inconsistency.
M.
Cannabis retailer. One cannabis retailer as defined in Subsection 21-74.1A may be permitted in either the Central Business District or Highway Oriented Business Zones only upon receipt of a conditional use permit, provided that applicable Article XI Design Standards are met together with any other requirements deemed necessary by the Land Use Board, any other applicable requirements of this chapter, and subject to the following conditions:
[Added 7-14-2021 by Ord.
No. O-21-21]
1.
The cannabis retailer shall not contain either an indoor or outdoor
cannabis consumption area as defined in P.L. 2021, c. 16, known as
the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act." No consumption shall be permitted on the premises.
2.
The cannabis retailer shall not be located within 1,000 feet of any
school.
