The lot size, frontage, building and lot coverage shall be conforming both before and after the approval of the conditional use.

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.

Regardless of the location of the parking, a drop-off/standing area shall be provided on site for guests checking in or out.

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.

(Reserved)

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.

The lot size, frontage, building and lot coverage shall be conforming both before and after the approval of the conditional use.

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.

The owner of the property shall occupy the residential unit and/or operate the business on site.

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.

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.

The lot size, frontage, building and lot coverage shall be conforming both before and after the approval of the conditional use.

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.

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.

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.

Uses shall be limited to those which require little or no customer/client visitation to the site.

The number of participants shall be limited to residents of the property and no more than four (4) nonresidents.

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.

The lot shall be conforming in lot size, building coverage and FAR both before and after the approval of the conditional use.

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.

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.

Nonresident employees shall not exceed two (2) on-site at any time.

Screening shall be provided for all parking areas; and lighting shall be shielded to avoid glare onto adjacent residential uses.

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.

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.

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.

All required parking must be provided on-site.

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.

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.

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.

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.

The minimum lot size for the siting of a freestanding wireless telecommunication tower shall be in accordance with the following:

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

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.

Except where otherwise specified herein, the reflective surface of the satellite dish shall not exceed six (6) feet in diameter.

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.

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.

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.

Satellite dish antennas and supporting structures shall be maintained in good physical condition and comply with all applicable building and safety codes.

Minimum lot area shall be sixty thousand (60,000) square feet.

Compliance with the bulk, yard and building requirements of the MF Multi-Family Residence Zone.

A Certificate from the New Jersey Department of Health and Senior Services shall be demonstrated.

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.

The minimum floor area per unit shall be two hundred fifty (250) square feet.

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.

All solid waste containers for storage and pickup shall be centrally located and easily accessible and within a screened enclosure on the street level.

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.

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.

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.

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.

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.

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.

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.

The structure shall not be a "rooming house" or "boarding house" as defined by current New Jersey statute.

Once established, a hotel use shall not be converted to a multifamily residential use such as apartments, townhouses, or condominium living arrangements.

Parking shall be used for permitted or approved conditional uses (except for other parking uses) in the CBD Zone.

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.

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.

The cannabis retailer shall not be located within 1,000 feet of any school.