Atlantic Highlands City Zoning Code
ARTICLE VI
Conditional Uses
§ 150-33 Purpose.
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.
§ 150-34 General provisions.
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.
§ 150-35 Places of worship.
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.
§ 150-36 Public utilities.
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.
§ 150-37 Motor vehicle service stations.
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.
§ 150-38 Elementary and secondary schools.
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.
§ 150-39 Child-care centers.
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.
§ 150-40 Community residence for developmentally disabled and shelters for victims of domestic violence.
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.
§ 150-41 Mixed-use marine development.
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.
§ 150-42 Mixed-use commercial/residential; mixed-use light industrial/business office/residential.
[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 found in Chapter 150 Attachment 1, Exhibit 5-2 (Schedule of Zoning District Requirements), and to the following specific conditions:
[Amended 2-22-2024 by Ord. No. 03-2024]
(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. A minimum of 40% of the street level frontage shall be occupied by principal uses permitted in the zone not including residential uses.
(2)
No market-rate dwelling unit shall contain more than two bedrooms. Dens, lofts and other such areas capable of serving as bedrooms shall be construed as bedrooms. Three-bedroom affordable housing units are permitted for the purposes of meeting the requirements of § 150-30G.
(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.
(5)
Maximum permitted residential density shall be 40 dwelling units to the acre (du/acre).
(6)
In the CBD Zone, parking for all uses (residential and nonresidential) must be provided on site; parking for residential units must comply with RSIS standards. In the HBD Zone, parking for residential uses must be provided on site and shall comply with RSIS standards. Public parking lots shall not be used for any such calculation for needed residential parking requirements in the HBD Zone. The number of spaces provided for all uses in both CBD and HBD Zones must comply with § 150-89B(1)(b) and (c).
(7)
Any proposed development in the CBD Zone shall provide a minimum of ten-foot buffer from any property located in a single-family residential zone. The buffer shall be adequately landscaped with evergreen trees and shrubs along with deciduous trees to create a visually impervious screen. Alternatively, a six-foot-tall visually impervious fence may also be provided in lieu of full landscaping screen, although landscaping must still be provided.
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.
§ 150-43 Professional offices, business offices, banks and savings and loans.
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.
§ 150-44 Senior citizen housing.
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.
§ 150-45 Home profession.
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.
§ 150-46 Wireless telecommunications towers and antennas.
[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.
§ 150-46.1 Bed-and-breakfast establishments.
[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.