Highlands City Zoning Code
ARTICLE XVII
Business and Waterfront Zone Districts
§ 21-90 (RESERVED)
[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]
§ 21-91 CENTRAL BUSINESS DISTRICT (CBD).
[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;
h.
Houses of Worship;
i.
(Reserved)
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;
o.
Pool halls;
p.
Home furnishing stores;
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.
4.
Area and Bulk requirements as shown in Schedule I and below.[1]
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.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
§ 21-92 B BUSINESS.
[Ord. No. O-07-06 § 31]
A.
The following regulations apply to all B Business districts.
1.
Permitted Principal Uses.
Bed and breakfasts.
Restaurants.
Commercial recreation, indoor or outdoor.
Bars and taverns.
Retail sales and service establishments.
2.
Permitted Accessory Uses.
Related tourist, resort and recreation facilities and activities, associated with a nonresidential principal use.
3.
Conditional Uses.
Wireless communication facilities.
4.
Area and bulk requirements, as shown on Schedule I.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
§ 21-92.01 Highway Oriented Business.
[Ord. No. O-07-06 § 32; Ord. No. O-12-10 § 6]
A.
The following regulations apply to the Highway Oriented Business zone district:
§ 21-93 WT-R WATERFRONT TRANSITION-RESIDENTIAL.
A.
The following regulations apply to all WT-R districts.
1.
Permitted Principal Uses.
Single-family houses as permitted in the R-1.01 zone.
2.
Permitted Accessory Uses. As permitted in the R-1.01 zone.
Docks, wharfs, bulkheads.
Beaches, private.
Fishing, boating, swimming.
3.
Conditional Uses.
Bed and breakfast.
Art, handicraft studios/workshops and galleries.
Commercial fishing.
Home occupations.
Wireless communication facilities.
4.
Area and bulk requirements, as shown for the R-1.01 district on Schedule I.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
§ 21-94 WT-C WATERFRONT TRANSITIONAL-COMMERCIAL.
A.
The following shall apply in all WT-C districts.
1.
Permitted Principal Uses.
Single- and two-family houses as permitted in the R-2.03 district.
Art, Handicraft studios/workshops, galleries.
Commercial fishing.
Hotels, motels, inns, bed and breakfasts.
Commercial recreation, indoor or outdoor.
Marinas.
Wholesale seafood sales.
Parking.
2.
Permitted Accessory Uses. As permitted in the R-2.03 district.
Docks, wharfs, bulkheads, boardwalks.
Beaches, private or public.
Fishing, boating, swimming.
3.
Conditional Uses.
Home occupations.
Wireless communication facilities.
4.
Area and bulk requirements, as shown on Schedule I.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
§ 21-94.01 Waterfront Transitional Commercial Townhouse.
§ 21-95 WC-1 WATERFRONT COMMERCIAL.
[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.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
5.
Parking provided in conformance with subsection 21-84.3.
§ 21-96 WC-2 WATERFRONT COMMERCIAL.
[Ord. No. O-12-10 § 7]
A.
The following shall apply to all WC-2 districts.
1.
Permitted Principal Uses.
All uses permitted in the WT-C district, except that residential uses shall be prohibited.
All uses permitted in the WC-1 district.
2.
Permitted Accessory Uses.
Retail sales and service establishments.
Ferry services.
3.
Conditional Uses.
Commercial boat storage.
Wireless communication facilities.
Additional permitted uses for the WC-2 zone district, north of Shore Drive, that adjoins the MXD zone in block 101: All uses that are permitted in the MXD Mixed Use district, with the exception of mobile home parks, shall be permitted in the single WC-2 zone district that adjoins the Mixed Use Development MXD zone in block 101 subject to the condition that any development in the WC-2 zone using the MXD standards shall have a minimum tract of two (2) acres. If the minimum tract area is met, 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 WC-2 standards.
4.
Area and bulk requirements, as shown on Schedule I is included as an attachment to this chapter.
§ 21-96.01 Mixed-Use Zone District (MXD).
[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.
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.
1.
Boardwalks.
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.
5.
Off and on-site parking.
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:
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.
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.
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.