Highlands City Zoning Code
ARTICLE XV
Residential Zone Districts
§ 21-85 R-1.01 DISTRICT, R-1.02 DISTRICT, R-1.03 DISTRICT-SINGLE-FAMILY RESIDENTIAL.
[Ord. No. O-07-06 § 25; Ord. No. O-12-10 § 3]
A.
B.
C.
R-1.03 Single-Family Residential. The following regulations shall apply in the R-1.03 district:
3.
Conditional Uses.
a.
Home occupations.
b.
Bed and breakfasts.
c.
Satellite dish antennas.
d.
Additional permitted uses for the R-1.03 Zone District, north side of Shore Drive that encompasses the Locust Street neighborhood. (Specifically Locust Street, west of Willow Street portions of Block 101 and 102): All uses that are permitted in the MXD Mixed Use district, with the exception of mobile home parks, shall be permitted in the R-1.03 zone district, limited to the parcels in the Locust Street neighborhood. (Specifically Locust Street, west of Willow Street, portions of Block 101 and 102) The bulk requirements of the Mixed Use Development MXD district shall be utilized for any development, unless the applicant requests to develop the property or tract with the R-1.03 standards.
4.
Bulk and area requirements, as shown in Schedule I.[3]
[3]
Editor's Note: Schedule I is included as an attachment to this chapter.
§ 21-86 R-2 SINGLE-FAMILY RESIDENCE.
[Ord. No. O-2007-06 § 26; Ord. No. O-2014-33; Ord. No. O-2016-23]
The following regulations shall apply in all R-2 districts:
A.
R-2.01 Single-Family Residential. The following regulations shall apply in the R-2.01 district:
4.
Bulk and Area Requirements.
[Ord. No. O-2016-23]
a.
Single-family dwellings shall meet the requirements shown in Schedule I.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
b.
Existing bungalow colonies shall meet the following requirements:
(1)
Density shall not exceed the number of units existing at the time of the adoption of this ordinance, as shown on existing Borough Tax Maps and/or other tax records.
(2)
Any application for expansion of an individual dwelling unit, either vertically or horizontally, shall meet the following standards:
(a)
Every unit shall have associated with it a minimum yard requirement around the perimeter of the unit and attached accessory structures of three (3) feet, except for those decks attached to the front of the dwellings situated in Block 100, Lots 26.01-26.76 and Block 69, Lots 15.01-15.28, which may extend to locations equivalent to those which existed prior to elevation or reconstruction as determined by prior property surveys conducted by a licensed surveyor. For those properties situated in Block 100, Lots 26.01-26.76 and Block 69, Lots 15.01-15.28 that do not have prior property surveys available, any new decks attached to the front of the dwelling can extend to a location which is the equivalent of the location of the front decks located on adjacent properties situated in Block 100, Lots 26.01-26.76 and Block 69, Lots 15.01-15.28. Structures shall be located no closer together than the sum of the yard requirements, that is, six (6) feet. Detached accessory structures are prohibited in the minimum required yard area.
(b)
Each unit shall have associated with it a minimum of one (1) parking space, located on site, either adjacent to the individual unit or in a common parking area.
(c)
Total building coverage shall not exceed thirty-five (35%) percent of the total lot area and total lot coverage shall not exceed seventy-five (75%) percent except for those situated in Block 100, Lots 26.01-26.76 and Block 69, Lots 15.01-15.28.
(d)
Building height shall not exceed twenty (20) feet.
(e)
Shall require an application for a site plan for the entire property except for those situated in Block 100, Lots 26.01- 26.76 and Block 69, Lots 15.0l-15.28.
B.
R-2.02 Single-Family Residential. The following regulations shall apply in the R-2.02 district:
4.
Bulk and Area Requirements.
a.
Single-family dwellings shall meet the requirements shown in Schedule I.[2]
[2]
Editor's Note: Schedule I is included as an attachment to this chapter.
b.
Existing bungalow colonies shall meet the requirements of Section 21-86A4b.
c.
All other uses shall meet the bulk and area requirements of the R-2.02 Zone.
C.
R-2.03 Single-Family Residential. The following regulations shall apply in the R-2.03 district:
4.
Bulk and Area Requirements.
a.
Single-family dwellings shall meet the requirements shown in Schedule I.[3]
[3]
Editor's Note: Schedule I is included as an attachment to this chapter.
b.
Existing bungalow colonies shall meet the requirements of Section 21-86A4b.
c.
All other uses shall meet the bulk and area requirements of the R-2.03 Zone.
§ 21-87 PB PROFESSIONAL BUSINESS DISTRICT.
[Ord. No. O-07-06 § 27]
A.
The following regulations shall apply in all PB districts:
1.
Permitted Principal Uses.
As allowed in the R-1.01 district.
2.
Permitted Accessory Uses.
As allowed in the R-1.01 district.
3.
Conditional Uses.
Business and professional offices.
Bed and breakfasts.
Satellite dish antennas.
4.
Area and bulk requirements as shown in Schedule I.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
§ 21-88 MF MULTIFAMILY RESIDENCE.
[Ord. No. O-07-06 § 28]
A.
The following regulations shall apply in all MF districts:
1.
Permitted Principal Uses.
Multi-family dwellings.
Public uses operated by the Borough.
Public utility rights-of-way.
2.
Permitted Accessory Uses.
Private detached garages.
Utility buildings incidental to the residential use.
Clubhouses, swimming pools and other recreational facilities and structures for the exclusive use of the residents.
Tennis courts.
Other accessory uses and structures incidental to the permitted principal uses.
4.
Area and Bulk Requirements.
a.
Multi-family developments shall meet the tract requirements of Schedule I.[1] In addition, they shall meet the following requirements:
(1)
Density shall not exceed fourteen (14) units per acre.
(2)
Each building shall have associated with it a twenty-five (25) foot front yard, twelve and one-half (12 1/2) foot side yards and a twenty-five (25) foot rear yard. Buildings shall be located not closer together than the sum of the appropriate yard requirements.
(3)
No single building shall exceed eighty (80) feet in length, nor seven (7) dwelling units or four (4) townhouses.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
b.
Design guidelines. Townhouse developments in proximity to waterfront areas shall address the following community objectives for such residential developments:
(1)
The placement and location of townhouse structures shall maximize the views of the waterfront from the public realm.
(2)
Notwithstanding the height limitation in Schedule I,[2] the height of the townhouse structures shall be compatible with surrounding properties.
[2]
Editor's Note: Schedule I is included as an attachment to this chapter.
(3)
The exterior architectural design of the townhouse development should be compatible with surrounding properties.
(4)
The design of townhouse developments is encouraged to resemble a manor home or single-family structure.
§ 21-89 MH MOBILE HOME RESIDENCE.
[Ord. No. O-07-078; Ord. No. O-12-09]
A.
The following regulations shall apply to all MH districts:
1.
Permitted Principal Uses:
a.
Mobile homes, in a mobile home park only.
b.
Mid-rise multi-family dwellings, and structured parking accessory or appurtenant thereto, subject to the requirements in paragraph 5 of this section.
c.
Townhomes, subject to the requirements of the Multi-Family zone district except that residential buildings will be limited to no more than four (4) attached dwelling units per structure.
d.
Single-family detached dwellings subject to the R-2.03 zone district requirements.
2.
Permitted Accessory Uses.
Utility buildings incidental to residential use.
Clubhouses, swimming pools and other recreational facilities and structures for the exclusive use of the residents.
Tennis courts.
Other accessory uses and structures incidental to the permitted principal uses.
3.
Conditional Uses.
Satellite dish antennas.
4.
Bulk, Area and Other Regulations. Mobile home developments shall meet the tract requirements of Schedule I which is included as an attachment to this chapter. In addition, they shall meet the following requirements:
5.
Mid-Rise Multi-Family Developments in the MH Zone. Mid-rise multi-family developments in the MH zone are subject to RSIS standards, and shall not be required to meet the requirements of Schedule I where said requirements are inconsistent with either RSIS or the following requirements. Schedule I is included as an attachment to this chapter.
a.
Density shall not exceed fourteen (14) dwelling units per acre. Up to sixteen (16) units per acre may be permitted if a public scenic overlook area is included pursuant to paragraph 6 of this section.
b.
Minimum lot size: 10 acres.
c.
Minimum front yard: 100 feet to a principal building.
d.
Minimum side yard; 60 feet to a principal building.
e.
Minimum rear yard: 60 feet to a principal building.
f.
Minimum buffer area along any property line: 25 feet. Driveways and sidewalks shall be permitted to cross buffer areas to provide access to streets and adjacent properties. Pedestrian paths shall be permitted within buffer areas. Development identification signs and gatehouses shall be permitted in buffer areas within 75 feet of driveway entrances providing access to a public street.
g.
Maximum building coverage: 25 percent.
h.
Maximum lot coverage: 50 percent.
i.
Maximum FAR: 1.50.
j.
Maximum height: 6 stories above finished grade, with the residential units above the parking garage; parking levels that are provided underground (that is, below finished grade) will not be considered a story.
k.
All mid-size developments shall be required to consist of multiple buildings or structures and not one (1) residential structure.
l.
The minimum distance or separation between all residential buildings shall be equal to the height of the taller of the two (2) structures.
m.
A mid-rise multi-family development may include the following permitted accessory uses:
(1)
Utility buildings incidental to residential use.
(2)
Community or club room, clubhouses, swimming pools and other recreational facilities and structures for the exclusive use of the residents.
(3)
Tennis courts.
(4)
Other accessory uses and structures incidental to the permitted principal and conditional uses, including but not limited to structured parking for multi-family residences only.
6.
Density Bonus for Public Access Area. (Multi-Family). To encourage the provision of a public access easement leading to a scenic overlook area within a multi-family residential development, the Planning Board, at its sole discretion, may allow an increase of the maximum density of up to two (2) units per acre to a maximum density (for a maximum overall density of sixteen (16) units per acre) if an acceptable scenic overlook area is included in the development plan. The Board may allow a lesser bonus than two (2) units per acre if the overlook or access provisions offer only minimal public benefits. The scenic overlook area must include a public access easement for the circulation of vehicles across the site to the overlook area. The overlook area shall, at a minimum, be accessible from a public roadway and provide several off-street parking spaces.
7.
Ridgeline Protection. In addition to compliance with the Borough steep slope requirements, the placement of buildings in a residential development should exhibit a high level of sensitivity to the terrain and an effort to minimize the visual impact. The project design should attempt to blend in with the existing contour elevations through appropriate grading design as well as building heights and design. Structure locations should, as feasible, blend with the natural landform. Therefore, multiple level pads for new buildings as opposed to one (1) level building pad area are encouraged. Roof forms and roof lines should be disaggregated into a series of smaller components to reflect the irregular slopes and grades. The slope angle of the roof pitch of all proposed buildings is encouraged to reflect the natural slope of the hillside.
8.
Relocation Rights. Any approval for development in the MH Mobile Home Residence zone district, 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 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 modifications herein are conditioned upon the above relocation provision.