Manasquan City Zoning Code
§ 35-5.20
AH-O Affordable Housing Overlay Zone.
[Added 3-18-2019 by Ord. No. 2285-19]
a.
Purpose: The purpose of the Affordable Housing Overlay Zone is to provide an opportunity to develop affordable housing to meet present and prospective housing needs, with particular attention to low- and moderate-income housing, in conformance with the requirements of the Court, the Fair Housing Act,[1] and the Housing Element and Fair Share Plan of Manasquan Borough. Permitted and conditional uses within the designated overlay zone shall include all permitted and conditional uses in the underlying zoning district in which the overlay zone is located and allow for affordable housing development within the provisions of this subsection.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
b.
Affordable Housing Overlay Zone: Tax lots with frontage on portions of Route 71 and Main Street within the Borough of Manasquan will be included in the overlay zone and allow for affordable housing development with no affect to any existing zoning district regulations or standards. A map is attached to this subsection that delineates the overlay zone. Additionally, a list of all tax lots to be included in the Affordable Housing Overlay Zone is provided below.[2]
[2]
Editor's Note: Said map and list are available for review in the Borough offices.
c.
Density: The maximum density permitted for all affordable housing development in the overlay zone fronting on Main Street is 14 units per acre. The maximum density permitted for all affordable housing development in the overlay zone fronting on Route 71 is 10 units per acre.
d.
Principal Permitted Uses:
1.
All uses permitted within the underlying zoning district in which the overlay zone is located.
2.
Affordable housing development for sale or rental housing may include the following uses:
(a)
Mixed uses with ground floor retail;
(b)
Townhouses;
(c)
Age-restricted units, however, age-restricted units shall be permitted to satisfy up to 25% of the Borough's unmet need. Any age-restricted units beyond 25% of the Borough's unmet need shall not be permitted to count as an affordable housing credit against unmet need for the Third Round, but may count towards future affordable housing obligations, should future laws or court orders so permit;
(d)
Supportive and special needs housing; and
(e)
Multiple-family residential buildings with five or more units.
4.
Common facilities and amenities serving residents of multifamily developments including swimming pools or other on-site recreational facilities, common walkways, sitting areas and gardens, and other similar accessory uses.
5.
Affordable Housing Requirements: All affordable housing developments within the overlay zone, for projects consisting of five or more units only, shall provide a minimum of 20% affordable housing units for very-low, low- and moderate-income households in accordance with Manasquan Borough affordable housing requirements. All affordable housing developments shall conform to the standards and requirements found in the Borough of Manasquan's Affordable Housing Ordinance (§ 35-36), including provisions for affordability, very-low-income units, and UHAC standards.
e.
Repealer. The remainder of all other sections and subsections of the aforementioned subsection not specifically amended by this subsection shall remain in full force and effect.
f.
Inconsistent ordinances. All other ordinances or parts thereof inconsistent with the provisions of this subsection are hereby repealed as to such inconsistency.
g.
Severability. If any section, paragraph, subdivision, clause, or provision of this subsection shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause, or provision so adjudged and the remainder of this subsection shall be deemed valid and effective.
h.
Effective Date. This subsection shall take effect upon its passage and publication according to law.