Madison City Zoning Code
§ 195-32.19
FR Affordable Housing Overlay FR-AHO District.
[Added 3-9-2026 by Ord. No. 11-2026]
A.
Purpose and intent. The purpose of this article is to supplement Chapter 195 of the Code of the Borough of Madison in such a manner as to provide for the realistic opportunity for the development of affordable housing for households of low and moderate income, as required by Southern Burlington County NAACP v. Township of Mount Laurel, 92 N.J. 158 (1983) ("Mount Laurel II") and the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. These regulations are intended to implement the Housing Element and Fair Share Plan. The FR-AHO district is designed to enable property within the Overlay District to be developed with multi-family residential development in conjunction with the underlying zone district development standards that are, and shall remain, in force. Multi-family residences permitted in the FR-AHO District shall include affordable housing set-aside as provided for elsewhere in this section.
B.
Applicability. These regulations shall apply to the following properties as shown on the Official Tax Map of the Borough of Madison:
Block | Lot |
|---|---|
2401 | 6 |
2401 | 7 |
2401 | 8 |
2401 | 9 |
2401 | 10 |
4501 | 8 |
4501 | 9 |
2801 | 1 |
2801 | 2 |
C.
Principal permitted uses. The following principal uses shall be permitted in the FR-AHO District:
(1)
Multi-family dwellings.
(2)
Existing permitted uses, permitted by the underlying zone district.
(3)
For all sites in the FR-AHO, development is permitted for either a permitted use authorized pursuant to the underlying zone or in the alternative, a use permitted by the overlay zone, but not both.
D.
Accessory uses. The following accessory uses shall be permitted in the FR-AHO Overlay, subject to special restrictions of § 195-30.5:
(1)
For uses accessory to multifamily dwellings:
(a)
Signs;
(b)
Private garages and private parking areas;
(c)
Common loading and refuse storage areas;
(d)
Other uses customarily incidental and subordinate to the principal permitted use.
(2)
Accessory uses permitted in the underlying zone district.
E.
Maximum permitted density.
(1)
There shall be a maximum residential density of 18 dwelling units for each acre of lot or tract area.
F.
Maximum building height:
(1)
Block 2401, Lots 6, 7, 8, 9, 10 and Block 4501, Lots 8 and 9: three stories/38 feet.
(2)
For properties in Block 2801, Lots 1 and 2: three stories/45 feet.
G.
All other bulk standards:
(1)
For properties in Block 2801, Lots 1 and 2 and 4501, Lots 8 and 9, the underlying zone standards shall apply.
(2)
For properties in Block 2401, Lots 6, 7, 8, 9, 10 the bulk standards of the Community Commercial - CC Zone shall apply.
H.
Affordable housing mandatory set-aside. Any multi-family dwelling must comply with the affordable housing mandatory set-aside requirements of § 195-47.
