Fair Haven City Zoning Code
§ 30-5.6
Affordable Housing Overlay Zones AHO-1, AHO-2, AHO-3, and AHO-4.
[Added 9-28-2020 by Ord. No. 2020-08]
Purpose: Four affordable housing overlay zones will provide an opportunity for inclusionary residential development along and around the River Road corridor in the Borough. The purpose of the River Road Mixed Use Affordable Housing Overlay (AHO-1) is to provide an opportunity for inclusionary residential development as part of a mixed-use project, up to three stories in height, with frontage on River Road in the Borough's downtown commercial district. The purpose of the Downtown Mixed-Use Affordable Housing Overlay (AHO-2) is to provide an opportunity for inclusionary residential development as part of a mixed-use project, up to three stories in height, on properties surrounding the Borough's Downtown commercial district that do not have frontage on River Road. Alternatively, properties may be developed with inclusionary multifamily residential projects up to two stories in height, which is appropriate for sites with frontage on Navesink Avenue, Cedar Avenue, Locust Avenue, and Forman Street. The purpose of the Block 27, Lots 56, 57, and 58 Affordable Housing Overlay (AHO-3) is to provide an opportunity for inclusionary residential development as part of a mixed-use project, up to three stories in height, on properties along River Road in the Borough's secondary business district. The purpose of the Block 28, Lots 18, 19, 23.1, 25, and 26 Affordable Housing Overlay (AHO-4) is to provide an opportunity for inclusionary residential development as part of a mixed-use project, up to three stories in height, on properties in the Borough's secondary commercial district around the existing municipal building. The underlying zoning for each of the Overlay Zones remains in place. At the time of site plan application, a developer may opt to utilize the base zoning or the standards in this Overlay but may not combine or "mix and match" standards.
e.
Additional Standards.
1.
In the event the Borough develops a new municipal building at an alternate site, the municipal building site consisting of Block 28, Lots 23.1, 25, and 26 in the AHO-4 Overlay Zone shall be sold within 18 months of completion of a new municipal building.
2.
Mixed-use and residential buildings shall have a maximum length of 150 feet along the frontage.
f.
Mixed-Use Standards.
1.
For mixed-use developments, a portion of the first floor may be used for access to the residential portion of the building.
2.
For mixed-use developments, lots with sufficient depth to accommodate a nonresidential use fronting on River Road and first floor apartment(s) behind the nonresidential use, such apartments will be allowed (the "Rear Apartments"), but in no event shall the rear apartments exceed two stories even if the mixed-use component of a single building is three total stories.
g.
Affordable Housing.
1.
Any development under the Overlay option shall set aside 20% of housing units for low- and moderate-income households.
2.
Each affordable restricted unit shall remain restricted for a minimum of 30 years and that restriction may be unilaterally extended by the Borough at its sole discretion, thereafter.
3.
Very-low-, low- and moderate-income housing shall be constructed in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et seq.[1] and the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq. including standards for the split between very-low-, low- and moderate-income housing, provided a minimum of 13% of the affordable units are very-low-income units at 30% of the median income and 37% of the affordable units are low-income units with the (up to) 50% balance of units allowed at moderate income; bedroom distribution; range of affordability; pricing of units; affirmative marketing and thirty-year minimum affordability controls.
[1]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.
h.
Parking Standards.
1.
2.
Multifamily Residential, not in mixed-use development in the AHO-2 Overlay Zone, Parking Standards.
(a)
The number of parking spaces required shall be governed by the Residential Site Improvement Standard (RSIS) "Garden Apartment" requirement.
3.
Parking areas and drive aisles shall be set back a minimum of five feet from all lot lines.
4.
All surface parking lots that abut the public sidewalk or street shall be separated from the sidewalk or street by a landscaped buffer with a minimum width of five feet. Buffers shall include shrubbery, plantings, and/or a row of trees.
5.
No parking shall be permitted in the front yard.
i.
Circulation Standards. Sections 30-8, Design Guidelines and Standards for Subdivisions and Site Plans, and 30-9 Improvement Standards, Specific Criteria and Construction Specifications, shall apply.
j.
Signs. Section 30-7.24, Signs, shall apply. Where a conflict occurs between this section and § 30-7.24, this section shall supersede those standards.
1.
Permitted signs for mixed-use development in the AHO-1, AHO-2, AHO-3, and AHO-4 Overlay Zones.
(a)
Wall signs.
(1)
Each commercial store front shall be permitted one wall sign above the entrance to the storefront in the sign band.
(2)
In no event shall a single wall sign exceed 5% of the first floor commercial facade.
(3)
Wall signs shall be externally lit. In no event shall a wall sign be internally lit.
(4)
The maximum lettering height shall be 10 inches.
(b)
Projecting Signs.
(1)
Each storefront shall be permitted one projecting sign.
(2)
In no event shall a projecting sign exceed six square feet.
(3)
The projecting sign shall not project more than three feet from the building face.
(4)
The bottom of the projecting sign shall have a minimum height of eight feet when measured from the ground.
(5)
Projecting signs shall be illuminated externally. In no event shall a projecting sign be illuminated internally.
(6)
The maximum lettering height shall be 10 inches.
2.
No freestanding signs are permitted, except as permitted for strictly residential uses in § 30-7.24.
3.
No window signs are permitted.
4.
Awnings are permitted for mixed-use development in the AHO-1, AHO-2, AHO-3, and AHO-4 Overlay Zones subject to the following:
(a)
Awnings shall have a metal structure covered with canvas, metal or like product.
(b)
Awnings may have a front skirt; the bottom of the skirt shall not be scalloped.
(c)
Awnings/canopies shall extend a maximum of three feet from the exterior wall into the front yard setback at a height of at least eight feet above sidewalk grade.
(d)
In no event shall a sign be permitted on an awning.
(e)
The first-floor corner commercial space may have an awning.
(f)
The commercial storefronts fronting along River Road may have awnings if all the storefronts along River Road have awnings.
k.
Lighting.
1.
Section 30-7.22c14, Lighting and Illumination, shall apply.
l.
Design Standards.
1.
Architectural Standards Applicable to All Development.
(a)
Pedestrian entryways and/or lobbies shall be prominent, well-lit and separate from service entrances.
(b)
A minimum of 20% of the upper-story front facades shall be glazed.
(c)
A horizontal architectural feature shall define the ground floor from the upper floors.
(d)
The exterior walls of the building shall not have large blank or featureless expanses.
(e)
Openings for windows and windowpanes shall have a vertical dimension greater than or equal to the horizontal dimension.
(f)
Enclosure of rooftop areas, terraces, or balconies is not permitted.
(g)
Balconies shall not be permitted to be used as outdoor space for residential tenants.
(h)
No sliding glass doors or Juliet balconies are permitted.
(i)
The building shall be composed of durable materials such as brick, stone, and cement board. In no event shall EIFS be permitted.
(j)
There shall be no continuous front facade along River Road, the facade shall be vertically broken up into bays. Each bay shall complement the others and be aesthetically pleasing.
2.
Architectural and Site Standards Applicable to Mixed-Use Development Only.
(a)
A minimum of 60% of the ground floor front facades shall be glazed.
(b)
Glazing shall be a minimum of 70% transparent.
(c)
The maximum sill height above sidewalk grade shall be 30 inches.
(d)
Each individual use on the ground floor is required to have its own primary entrance.
(e)
In the AHO-1 and AHO-4 Overlay Zones, when a front yard setback greater than 15 feet is provided, to the extent feasible, the setback shall be used to provide anamenity and/or outdoor dining/seating.
3.
Utilities. Sections 30-8, Design Guidelines and Standards for Subdivisions and Site Plans, and 30-9, Improvement Standards, Specific Criteria and Construction Specifications, shall apply. Where a conflict occurs between this section and §§ 30-8 and 30-9, this section shall supersede those standards.
(a)
Public utilities, transformers and primary and backup generators shall be located interior to the building, on the roof or vaulted underground within the pavement area of an adjacent street or sidewalk.
(b)
Individual window air-conditioning units shall not be permitted.
(c)
Rooftop mechanical equipment shall be screened from public view.
(d)
Meters and access panels shall be integrated with street and building design.
(e)
Manholes, meters and access panels shall be constructed of materials and styles consistent with established design theme.
(f)
The developer shall coordinate all utility improvements with the responsible utility.
(g)
Backup generators for common areas are encouraged.
(h)
Any rooftop mechanicals shall be effectively screened by a sloped roof facing the public rights-of-way as shown on the attached cross-section.
4.
Landscaping and Buffering. Sections 30-8 and 30-9 apply. Where a conflict occurs between this section and § 30-8 or 30-9, this section shall supersede those specific requirements.
(a)
A minimum buffer area of at least five feet shall be provided around the side and rear lot lines. The buffer area shall consist of a combination of deciduous and evergreen shrubs and trees. Plantings are encouraged to consist of native species.
(b)
If the topography of the site requires retaining walls, retaining walls shall be landscaped and be aesthetically pleasing. In no event shall a retaining wall be more than three feet tall.
5.
Lighting. Sections 30-9.2a12, Lighting, and 30-9.3c4, Lighting, shall apply. Where a conflict occurs between this section and §§ 30-9.2a12, and 30-9.3c4, this section shall supersede those standards.
(a)
The maximum height of light poles shall be 15 feet.
(b)
Full cutoff or fully shielded light fixtures are encouraged.
(c)
Floodlights shall not be directed toward the street or adjacent properties.
(d)
Only dimmable LED lighting elements shall be permitted.
(e)
Neon lighting is prohibited on commercial storefronts.
(f)
Flashing lights are prohibited.
(g)
Lighting shall be aesthetically unified and complimentary to the design of the building and site.
(h)
On-site lighting shall not exceed 3000 Kelvin.
6.
Signs.
(a)
Signs and awnings shall have a coordinated graphic design theme through the site plan. The design theme shall include the style and size of lettering, construction materials, colors, size, lighting, color of letters, and background. These design theme elements shall be carefully considered in relation to the color and materials of the building, building design, and where the signs are proposed to be located.
(b)
Buildings shall be designed to include a signage zone above the commercial use frontage and integrated into the overall architectural design of the building.
7.
Stormwater Management.
8.
Additional Design Standards.