Rumson City Zoning Code

§ 22-5.15

Mixed-Use and Multifamily Overlay Zone.

[Ord. 5/16/04, § 5; Ord. No. 14-007D § 1; Ord. No. 18-005D § 2; amended 12-15-2020 by Ord. No. 20-013D; 10-10-2023 by Ord. No. 23-004D]

Purpose. The Mixed-Use Overlay Zone is intended to promote development that supports, and is consistent with, the commercial development pattern in the underlying district, and to accommodate multifamily housing in a location that can address the housing needs and preferences of market rate and affordable households, and which also supports the underlying district.

Location. The Mixed-Use Overlay Zone is a mixed-use overlay option in the Borough's GB (General Business) except for Block 25, Lot 4, NB (Neighborhood Business), POB (Professional Office Business) Zones and in the R-5 Zone Block 3, Lots 1.01, 3, 4, 5, 6, 7, and Block 4, Lots 1, 2, 3, 4.01, 4.02, 6, 7, 8.01, 9.01. Within the Overlay Zone District, the development of a new mixed-use development, with a required on-site affordable housing component, or the conversion of an existing nonresidential use to a mixed-use development, with a required on-site affordable housing component, is permitted as an option to the uses otherwise permitted in the GB, NB, POB Zones or specified lots in the R-5 Zone.

Permitted uses. The following uses shall be permitted in the Mixed-Use Overlay District:

All uses permitted in the underlying zone;

Mixed-use development including inclusionary multifamily residential units provided:

The minimum affordable housing set-aside is met;

All affordable housing units produced comply with the Borough's Affordable Housing Ordinance.

Inclusionary multifamily dwellings provided:

The minimum affordable housing set-aside is met;

All affordable housing units produced comply with the Borough's Affordable Housing Ordinance.

General requirements and conditions. Mixed-use multifamily residential units shall be permitted in the Mixed-Use Overlay Zone, provided that the use and building shall adhere to the following minimum standards and conditions:

All standards and requirements in the underlying GB, NB and POB Zones (Subsections 22-5.10, 22-5.11 and 22-5.12) shall be met, except as otherwise modified by this section.

Height: Mixed-use buildings and multifamily buildings shall not exceed three stories or 35 feet provided:

The third story is setback a minimum of 10 feet from any facade facing a public right-of-way or is adjacent to a single-family residence of the building:

Rooftop appurtenances, including architectural features such as spires, cupolas, domes, and belfries, are permitted to exceed the listed maximum height, as long as they are uninhabited, their highest points are no more than 15 feet above the maximum overall height of the building, and as long as the total area enclosed by the outer edges of the appurtenances, measured at the maximum overall height of the building, does not exceed 15% of the total horizontal roof area of the building.

Stairs and elevator penthouses that project above the maximum overall height of the building shall count toward the fifteen-percent allowance. Equipment screens which project above the maximum overall height of the building shall also count toward the above fifteen-percent allowance.

Mechanical equipment shall be set back from all building facades by at least 10 feet and screened.

Parapet walls are permitted up to five feet in height, as measured from the maximum height limit, or finished level of roof. A guardrail with a surface of at least 70% open or with opacity of not more than 30% (as viewed in elevation) shall be permitted above a parapet wall or within two feet of a parapet wall, provided that such guardrail is not more than four feet in height. Such restriction on guardrail height shall not apply when located beyond two feet from a parapet wall, in which case the guardrail shall be exempt from parapet height requirements.

Density: If a mixed-use project is being constructed with residential units, the maximum density for residential uses shall be 10 dwelling units per acre. The maximum density for a multifamily development shall not exceed 12 dwelling units per acre.

Affordable housing set-aside: For projects less than three total units, the developer will be responsible for paying a residential development fee under the Borough's Development Fee Ordinance for each unit created. For projects that are three, four or five total units, the developer will ensure that at least one affordable unit is delivered on-site. For projects of five or more units, such projects will deliver an on-site affordable housing set-aside of 20%. Affordable units in said projects must be affordable to very-low-, low- and moderate-income households in accordance with the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. (FHA), Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. (UHAC), and New Jersey Council on Affordable Housing (COAH) Prior Round regulations, N.J.A.C. 5:93-1 et seq. If there are multiple dwelling units within each building, then the affordable units shall be evenly dispersed with market-rate units in each building. Affordable units shall have equal access to all amenities and recreational areas available to market-rate units.

Income distribution of affordable units: The income distribution for the affordable units in each project shall be as follows: no more than 50% within each bedroom distribution may be moderate-income units, at least 37% within each bedroom distribution shall be low-income units and at least 13% within each bedroom distribution shall be very-low-income units.

Parking: On-site parking must be provided for all uses on site in accordance with Borough standards or if applicable, in accordance with RSIS standards.

Affirmative marketing of affordable units: The affordable units must be affirmatively marketed to the housing region in accordance with COAH’s regulations and Subsection 22-7.35, Affirmative Marketing of Affordable Housing Units.

Affordable Housing Ordinance requirements: The provisions of Chapter 23 shall apply to mixed-use and multifamily affordable housing developments, including, but not limited to, the UHAC required bedroom mix: at least 20% of the affordable units in each project shall be three-bedroom units; at least, but not more than, 20% of the affordable units in each project shall be efficiency and one-bedroom units; at least 30% of the affordable units in each project shall be two-bedroom units; the balance may be two- or three-bedroom units, at the discretion of the developer.

When any calculation of the percentage of affordable units required to be provided results in a fractional unit of 1/2 or more, the fraction shall be rounded up to the next whole number. When a calculation results in a fraction of less than 1/2, the fraction shall be rounded down to the previous whole unit.

Any fractional affordable housing requirement shall be addressed by a payment in lieu of on-site construction of affordable housing, which shall be placed in the Affordable Housing Trust Fund. The amount of the payment shall be consistent with COAH regulations and shall be negotiated with the Borough based on consideration of the anticipated cost of providing affordable housing units. For purposes of this chapter, the payment in lieu of affordable housing shall initially be established as $350,000 multiplied by the fractional affordable housing requirement as calculated to two decimal points. The payment in lieu of affordable housing is presumptively the cost to construct an affordable unit in the Borough. The Planning Board or Zoning Board, as appropriate, may adjust from time to time the presumptive amount based upon the appropriate evidence.

Deed restriction of affordable units: The developer shall have an obligation to deed restrict the affordable units in any project as very-low-, low- or moderate-income affordable units for a period of at least 30 years, until such time and under such conditions as the Borough takes action to release the deed restriction, so that the Borough may count the affordable units against its affordable housing obligation.

Bulk requirements:

Townhouse minimum lot size: 2,000 square feet.

A maximum of six townhouses is permitted per building.

Maximum building coverage and lot coverage shall comply with Schedule 5.5 AHO.

Design standards:

Townhouse units shall be rear-loaded. Townhouses shall provide on-site parking by an enclosed garage located in the back yard with access from a lane. Parking may occur within the driveway leading to the garage, in which case said garage shall be set back no less than 18 feet and no more than 22 feet from the right-of-way of the rear lane to accommodate a car without projecting into the right-of-way.

Parking shall not be visible from the public right-of-way associated with a front or side yard.

Buildings shall be oriented, with one or more building entrances, toward the public street to which the build-to-line is measured.

Reverse frontage lots are prohibited.

Stormwater detention areas shall not be located between a building and a publicly accessible area.

Trash and recycling disposal and pick-up facilities shall not be visible from a publicly accessible area.

Building design standards:

As a general rule, buildings shall reflect a continuity of treatment obtained by maintaining the building scale or by subtly graduating changes; by maintaining front yard setbacks at the build-to-line; by maintaining base courses; by use of front porches on residential buildings; by maintaining cornice lines in buildings of the same height; by extending horizontal lines of fenestration; and by echoing architectural styles and details, design themes, building materials, and colors historically used in Rumson Borough.

The second-floor habitable area shall not exceed 90% of the first-floor area.

The third-floor habitable area shall not exceed 30% of the second-floor area.

Facades shall be expressed as building modules that do not exceed 30 feet in width.

Building facades facing a publicly accessible area shall be articulated into three distinct vertical components: a "base," a "middle," and a "top."

The base should consist of the first story. The base design shall be emphasized to create visual interest and support pedestrian activity.

The middle should consist of all or a portion of the upper stories. The middle shall be differentiated from the base and the top by a horizontal transition line. The transition line's specific location shall be determined primarily by the overall height of the building and that of any adjacent buildings. The transition line shall relate to adjacent building if the adjacent buildings are lower than the proposed building. A change of material and/or color from the base is an acceptable way to distinguish the middle portion of the building.

The top may consist of the top story or may consist of a horizontal or projecting element articulating the top of the building.

Administrative entity.

The Borough has designated an administrative agent appointed by the Mayor and Council to administer the affordable units created in accordance with the Borough's Mixed-Use Affordable Housing Overlay Zone. The administrative responsibilities of the Borough's administrative agent include, but are not limited to, advertising, income qualifying prospective renters, setting rents and annual rental increases, maintaining a waiting list, distributing the subsidy, securing certificates of occupancy, qualifying properties, handling application forms, filing deed restrictions and monitoring reports and affirmatively marketing the accessory unit program. The Borough's administrative agent shall administer the program in accordance with COAH's regulations and Subsection 22-7.35, Affirmative Marketing of Affordable Housing Units, and Subsection 22-7.36, Affordable Housing Developments. The developer is responsible for all costs of the Borough's administrative agent regarding the developer's particular project.

The Borough retains jurisdiction on all other approvals required by this chapter, including, but not limited to, development permits and variances, subdivision or site plan approvals.

Change in use. Any change in use effecting an approved mixed-use affordable housing development shall be subject to site plan approval by the Borough, except as otherwise exempted from site plan approval by this chapter. The conversion of a non-affordable residential unit to an affordable unit shall be permitted, subject only to administrative support by the Borough's administrative agent.

Affordable housing.

Project will deliver an on-site affordable housing set-aside of 20%. Affordable units in said projects must be affordable to very-low-, low- and moderate-income households in accordance with Borough's Affordable Housing Ordinance, the Borough's Housing Element and Fair Share Plan, any applicable Order of the Court (including a judgment of compliance and repose order), the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. (FHA), Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. (UHAC), and applicable New Jersey Council on Affordable Housing (COAH) Prior Round regulations, N.J.A.C. 5:93-1 et seq. If there are multiple dwelling units within each building, then the affordable units shall be evenly dispersed with market-rate units in each building. Affordable units shall have equal access to all amenities and recreational areas available to market-rate units.

When any calculation of the percentage of affordable units required to be provided results in a fractional unit of 1/2 or more, the fraction shall be rounded up to the next whole number. When a calculation results in a fraction of less than 1/2, the fraction shall be rounded down to the previous whole unit.

Any fractional affordable housing requirement that is less than 1/2 and rounded down shall be addressed by either the developer providing the affordable unit or by making a payment in lieu of on-site construction of affordable housing, which shall be placed in the Affordable Housing Trust Fund. The amount of the payment shall be consistent with COAH regulations and shall be negotiated with the Borough based on consideration of the anticipated cost of providing affordable housing units. For purposes of this chapter, the payment in lieu of affordable housing shall initially be established as $350,000 multiplied by the fractional affordable housing requirement as calculated to two decimal points. The payment in lieu of affordable housing is presumptively the cost to construct an affordable housing unit in the Borough. The Planning Board or Zoning Board, as appropriate, may adjust from time to time the presumptive amount based upon the appropriate evidence.

Said affordable housing shall include standards for the split between very-low-, low- and moderate-income housing providing a minimum of 13% of the affordable units within each bedroom distribution as very-low-income units at 30% of the median income, 37% of the affordable units within each bedroom distribution as low-income units, with the 50% balance of units within each bedroom distribution allowed to be moderate-income units. Said affordable housing will also comply with bedroom distribution requirements, pricing and rent of units, affirmative marketing, thirty-year minimum affordability controls set by deed restriction in accordance with UHAC and the Borough's Affordable Housing Ordinance, and construction phasing with the market rate units developed on the tract as is required by N.J.A.C. 5:93-5.6(d).

Rumson City Zoning Code

§ 22-5.15

Mixed-Use and Multifamily Overlay Zone.

[Ord. 5/16/04, § 5; Ord. No. 14-007D § 1; Ord. No. 18-005D § 2; amended 12-15-2020 by Ord. No. 20-013D; 10-10-2023 by Ord. No. 23-004D]

Purpose. The Mixed-Use Overlay Zone is intended to promote development that supports, and is consistent with, the commercial development pattern in the underlying district, and to accommodate multifamily housing in a location that can address the housing needs and preferences of market rate and affordable households, and which also supports the underlying district.

Location. The Mixed-Use Overlay Zone is a mixed-use overlay option in the Borough's GB (General Business) except for Block 25, Lot 4, NB (Neighborhood Business), POB (Professional Office Business) Zones and in the R-5 Zone Block 3, Lots 1.01, 3, 4, 5, 6, 7, and Block 4, Lots 1, 2, 3, 4.01, 4.02, 6, 7, 8.01, 9.01. Within the Overlay Zone District, the development of a new mixed-use development, with a required on-site affordable housing component, or the conversion of an existing nonresidential use to a mixed-use development, with a required on-site affordable housing component, is permitted as an option to the uses otherwise permitted in the GB, NB, POB Zones or specified lots in the R-5 Zone.

Permitted uses. The following uses shall be permitted in the Mixed-Use Overlay District:

All uses permitted in the underlying zone;

Mixed-use development including inclusionary multifamily residential units provided:

The minimum affordable housing set-aside is met;

All affordable housing units produced comply with the Borough's Affordable Housing Ordinance.

Inclusionary multifamily dwellings provided:

The minimum affordable housing set-aside is met;

All affordable housing units produced comply with the Borough's Affordable Housing Ordinance.

General requirements and conditions. Mixed-use multifamily residential units shall be permitted in the Mixed-Use Overlay Zone, provided that the use and building shall adhere to the following minimum standards and conditions:

All standards and requirements in the underlying GB, NB and POB Zones (Subsections 22-5.10, 22-5.11 and 22-5.12) shall be met, except as otherwise modified by this section.

Height: Mixed-use buildings and multifamily buildings shall not exceed three stories or 35 feet provided:

The third story is setback a minimum of 10 feet from any facade facing a public right-of-way or is adjacent to a single-family residence of the building:

Rooftop appurtenances, including architectural features such as spires, cupolas, domes, and belfries, are permitted to exceed the listed maximum height, as long as they are uninhabited, their highest points are no more than 15 feet above the maximum overall height of the building, and as long as the total area enclosed by the outer edges of the appurtenances, measured at the maximum overall height of the building, does not exceed 15% of the total horizontal roof area of the building.

Stairs and elevator penthouses that project above the maximum overall height of the building shall count toward the fifteen-percent allowance. Equipment screens which project above the maximum overall height of the building shall also count toward the above fifteen-percent allowance.

Mechanical equipment shall be set back from all building facades by at least 10 feet and screened.

Parapet walls are permitted up to five feet in height, as measured from the maximum height limit, or finished level of roof. A guardrail with a surface of at least 70% open or with opacity of not more than 30% (as viewed in elevation) shall be permitted above a parapet wall or within two feet of a parapet wall, provided that such guardrail is not more than four feet in height. Such restriction on guardrail height shall not apply when located beyond two feet from a parapet wall, in which case the guardrail shall be exempt from parapet height requirements.

Density: If a mixed-use project is being constructed with residential units, the maximum density for residential uses shall be 10 dwelling units per acre. The maximum density for a multifamily development shall not exceed 12 dwelling units per acre.

Affordable housing set-aside: For projects less than three total units, the developer will be responsible for paying a residential development fee under the Borough's Development Fee Ordinance for each unit created. For projects that are three, four or five total units, the developer will ensure that at least one affordable unit is delivered on-site. For projects of five or more units, such projects will deliver an on-site affordable housing set-aside of 20%. Affordable units in said projects must be affordable to very-low-, low- and moderate-income households in accordance with the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. (FHA), Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. (UHAC), and New Jersey Council on Affordable Housing (COAH) Prior Round regulations, N.J.A.C. 5:93-1 et seq. If there are multiple dwelling units within each building, then the affordable units shall be evenly dispersed with market-rate units in each building. Affordable units shall have equal access to all amenities and recreational areas available to market-rate units.

Income distribution of affordable units: The income distribution for the affordable units in each project shall be as follows: no more than 50% within each bedroom distribution may be moderate-income units, at least 37% within each bedroom distribution shall be low-income units and at least 13% within each bedroom distribution shall be very-low-income units.

Parking: On-site parking must be provided for all uses on site in accordance with Borough standards or if applicable, in accordance with RSIS standards.

Affirmative marketing of affordable units: The affordable units must be affirmatively marketed to the housing region in accordance with COAH’s regulations and Subsection 22-7.35, Affirmative Marketing of Affordable Housing Units.

Affordable Housing Ordinance requirements: The provisions of Chapter 23 shall apply to mixed-use and multifamily affordable housing developments, including, but not limited to, the UHAC required bedroom mix: at least 20% of the affordable units in each project shall be three-bedroom units; at least, but not more than, 20% of the affordable units in each project shall be efficiency and one-bedroom units; at least 30% of the affordable units in each project shall be two-bedroom units; the balance may be two- or three-bedroom units, at the discretion of the developer.

When any calculation of the percentage of affordable units required to be provided results in a fractional unit of 1/2 or more, the fraction shall be rounded up to the next whole number. When a calculation results in a fraction of less than 1/2, the fraction shall be rounded down to the previous whole unit.

Any fractional affordable housing requirement shall be addressed by a payment in lieu of on-site construction of affordable housing, which shall be placed in the Affordable Housing Trust Fund. The amount of the payment shall be consistent with COAH regulations and shall be negotiated with the Borough based on consideration of the anticipated cost of providing affordable housing units. For purposes of this chapter, the payment in lieu of affordable housing shall initially be established as $350,000 multiplied by the fractional affordable housing requirement as calculated to two decimal points. The payment in lieu of affordable housing is presumptively the cost to construct an affordable unit in the Borough. The Planning Board or Zoning Board, as appropriate, may adjust from time to time the presumptive amount based upon the appropriate evidence.

Deed restriction of affordable units: The developer shall have an obligation to deed restrict the affordable units in any project as very-low-, low- or moderate-income affordable units for a period of at least 30 years, until such time and under such conditions as the Borough takes action to release the deed restriction, so that the Borough may count the affordable units against its affordable housing obligation.

Bulk requirements:

Townhouse minimum lot size: 2,000 square feet.

A maximum of six townhouses is permitted per building.

Maximum building coverage and lot coverage shall comply with Schedule 5.5 AHO.

Design standards:

Townhouse units shall be rear-loaded. Townhouses shall provide on-site parking by an enclosed garage located in the back yard with access from a lane. Parking may occur within the driveway leading to the garage, in which case said garage shall be set back no less than 18 feet and no more than 22 feet from the right-of-way of the rear lane to accommodate a car without projecting into the right-of-way.

Parking shall not be visible from the public right-of-way associated with a front or side yard.

Buildings shall be oriented, with one or more building entrances, toward the public street to which the build-to-line is measured.

Reverse frontage lots are prohibited.

Stormwater detention areas shall not be located between a building and a publicly accessible area.

Trash and recycling disposal and pick-up facilities shall not be visible from a publicly accessible area.

Building design standards:

As a general rule, buildings shall reflect a continuity of treatment obtained by maintaining the building scale or by subtly graduating changes; by maintaining front yard setbacks at the build-to-line; by maintaining base courses; by use of front porches on residential buildings; by maintaining cornice lines in buildings of the same height; by extending horizontal lines of fenestration; and by echoing architectural styles and details, design themes, building materials, and colors historically used in Rumson Borough.

The second-floor habitable area shall not exceed 90% of the first-floor area.

The third-floor habitable area shall not exceed 30% of the second-floor area.

Facades shall be expressed as building modules that do not exceed 30 feet in width.

Building facades facing a publicly accessible area shall be articulated into three distinct vertical components: a "base," a "middle," and a "top."

The base should consist of the first story. The base design shall be emphasized to create visual interest and support pedestrian activity.

The middle should consist of all or a portion of the upper stories. The middle shall be differentiated from the base and the top by a horizontal transition line. The transition line's specific location shall be determined primarily by the overall height of the building and that of any adjacent buildings. The transition line shall relate to adjacent building if the adjacent buildings are lower than the proposed building. A change of material and/or color from the base is an acceptable way to distinguish the middle portion of the building.

The top may consist of the top story or may consist of a horizontal or projecting element articulating the top of the building.

Administrative entity.

The Borough has designated an administrative agent appointed by the Mayor and Council to administer the affordable units created in accordance with the Borough's Mixed-Use Affordable Housing Overlay Zone. The administrative responsibilities of the Borough's administrative agent include, but are not limited to, advertising, income qualifying prospective renters, setting rents and annual rental increases, maintaining a waiting list, distributing the subsidy, securing certificates of occupancy, qualifying properties, handling application forms, filing deed restrictions and monitoring reports and affirmatively marketing the accessory unit program. The Borough's administrative agent shall administer the program in accordance with COAH's regulations and Subsection 22-7.35, Affirmative Marketing of Affordable Housing Units, and Subsection 22-7.36, Affordable Housing Developments. The developer is responsible for all costs of the Borough's administrative agent regarding the developer's particular project.

The Borough retains jurisdiction on all other approvals required by this chapter, including, but not limited to, development permits and variances, subdivision or site plan approvals.

Change in use. Any change in use effecting an approved mixed-use affordable housing development shall be subject to site plan approval by the Borough, except as otherwise exempted from site plan approval by this chapter. The conversion of a non-affordable residential unit to an affordable unit shall be permitted, subject only to administrative support by the Borough's administrative agent.

Affordable housing.

Project will deliver an on-site affordable housing set-aside of 20%. Affordable units in said projects must be affordable to very-low-, low- and moderate-income households in accordance with Borough's Affordable Housing Ordinance, the Borough's Housing Element and Fair Share Plan, any applicable Order of the Court (including a judgment of compliance and repose order), the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. (FHA), Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. (UHAC), and applicable New Jersey Council on Affordable Housing (COAH) Prior Round regulations, N.J.A.C. 5:93-1 et seq. If there are multiple dwelling units within each building, then the affordable units shall be evenly dispersed with market-rate units in each building. Affordable units shall have equal access to all amenities and recreational areas available to market-rate units.

When any calculation of the percentage of affordable units required to be provided results in a fractional unit of 1/2 or more, the fraction shall be rounded up to the next whole number. When a calculation results in a fraction of less than 1/2, the fraction shall be rounded down to the previous whole unit.

Any fractional affordable housing requirement that is less than 1/2 and rounded down shall be addressed by either the developer providing the affordable unit or by making a payment in lieu of on-site construction of affordable housing, which shall be placed in the Affordable Housing Trust Fund. The amount of the payment shall be consistent with COAH regulations and shall be negotiated with the Borough based on consideration of the anticipated cost of providing affordable housing units. For purposes of this chapter, the payment in lieu of affordable housing shall initially be established as $350,000 multiplied by the fractional affordable housing requirement as calculated to two decimal points. The payment in lieu of affordable housing is presumptively the cost to construct an affordable housing unit in the Borough. The Planning Board or Zoning Board, as appropriate, may adjust from time to time the presumptive amount based upon the appropriate evidence.

Said affordable housing shall include standards for the split between very-low-, low- and moderate-income housing providing a minimum of 13% of the affordable units within each bedroom distribution as very-low-income units at 30% of the median income, 37% of the affordable units within each bedroom distribution as low-income units, with the 50% balance of units within each bedroom distribution allowed to be moderate-income units. Said affordable housing will also comply with bedroom distribution requirements, pricing and rent of units, affirmative marketing, thirty-year minimum affordability controls set by deed restriction in accordance with UHAC and the Borough's Affordable Housing Ordinance, and construction phasing with the market rate units developed on the tract as is required by N.J.A.C. 5:93-5.6(d).