Sea Girt City Zoning Code
§ 17-5.26.3
Affordable Housing Overlay Zone AH-3 on Certain Parcels Along Route 71.
[Added 3-13-2024 by Ord. No. 03-2024]
a.
Purpose. The purpose of this subsection is to establish an Affordable Housing Overlay Zoning Ordinance that places an overlay zone over specific areas of the Borough. Given the built-out nature of the Borough, an effective affordable housing overlay zone will produce affordable units when suitable opportunities become available through redevelopment or other planning mechanisms. This subsection would ensure that residential affordable housing developments accompany major development on tax lots included in the overlay zone. The specific areas included are the portions of the Borough that can realistically accommodate affordable housing development, which are in proximity to public transit and the Borough's main mixed-use commercial thoroughfares.
2.
The affordable housing overlay zone will regulate developments on these identified parcles through bulk and design standards. However, the Borough's underlying zoning will still be in effect. This will allow affordable housing to be approved under local ordinance and regulations without detriment to the existing Borough zoning plan and ordinance. This creates a realistic opportunity to provide for the development of affordable housing in accordance with the Fair Housing Act (N.J.S.A. 52-27D-301), New Jersey Council on Affordable Housing ("COAH") prior round regulations, and the Housing Element and Fair Share Plan prepared by the Borough to address its Third-Round affordable housing obligation.
b.
Affordable Housing Overlay Zoning Provisions.
1.
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, and the Housing Element and Fair Share Plan of Sea Girt. 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.
3.
Principal Permitted Uses.
(a)
All uses permitted within the underlying zoning district in which the overlay zone is located.
(b)
Affordable housing development for sale or rental housing may include the following uses:
(1)
Mixed Use Buildings that include commercial, restaurant, retail or office space on the ground floor and residential development on the second and third floors.
(c)
Permitted Accessory Uses. Uses that are customary and incidental to multi-family housing, including, but not limited to:
(d)
Bulk Regulations. Pursuant to this subsection for purposes of this subsection, Seventh Avenue (Route 71) shall be considered the front yard and any intersecting street shall be considered the side yard.
(1)
Minimum Lot Frontage along Route 71 (feet): 50.
(2)
Minimum Lot Frontage along intersecting side street: 150.
(3)
Minimum Front Yard Setback (feet): 10.
(4)
Minimum Side Yard Setback: 10.
(5)
Minimum Rear Yard Setback (feet): 20.
(6)
Maximum Height (stories/feet): 3/45.
(7)
Maximum Building Coverage (percent): 40%.
(8)
Maximum Improved Lot Coverage (percent): 85%.
(e)
Projections from buildings, such as, but not limited to balconies, patios, chimneys and windows may extend into the building set-back provided they shall be set-back a minimum of five feet from all property lines.
(f)
All property lines abutting a residential use shall provide a ten-foot landscaped buffer. Said buffer shall not be in addition to the required setback.
(g)
Area, Yard and Bulk Requirements for Accessory Structures (including parking) and Uses. Pursuant to this subsection, Washington Boulevard is the front yard and Fifth Avenue is a side yard. No accessory structures shall be permitted in the front yard set-back.
4.
Affordable housing requirements. A 20% set-aside with a minimum of one unit. All affordable housing developments shall conform to the standards found in the Borough of Sea Girt's Affordable Housing Ordinance including provisions for affordability, very-low-income units, and UHAC standards.