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Spring Lake Heights
City Zoning Code

§ 22-606.6

Mixed-Use AH-1.

[Added 10-3-2022 by Ord. No. 2022-16]
a. 
Purpose. The purpose of the Affordable Housing Zone is to provide a realistic opportunity for affordable housing within an inclusionary development. The creation of the Affordable Housing Zone is in furtherance of the Borough's Settlement Agreement of Motzenbecker vs. Borough Spring Lake Heights, Borough Council of Spring Lake Heights and the Borough of Spring Lake Heights Planning Board, Superior Court of New Jersey, Monmouth County, Law Division, Docket No. MON-L-0030-21 (the "Builder's Remedy Action").
The Mixed Use AH-1 Zoning District includes Block 59, Lot 39, consisting of approximately 0.40 acres. The purpose of the MU-AH-1 Zone is to provide a realistic opportunity for affordable housing within an inclusionary development by creating an integrated mixed use zone for a combination of commercial and residential development; to permit the construction of one office or retail space along the frontage of State Highway 71; and permit the construction of five housing units on the remaining undeveloped acres.
Twenty percent, or a single, two-bedroom unit in the development, shall be set-aside for, and shall be, a non-age restricted, two-bedroom, very-low income household earning 30% or less of the regional median income. The Settlement Agreement for the Builder's Remedy Action includes a concept plan that is the basis of this subsection.
b. 
Permitted Principal Uses.
1. 
Mixed-Use buildings that include retail or office space, along the frontage of State Highway 71, and five multi-family housing units. Of the five housing units, one street level, two bedroom unit shall be affordable to a very-low-income household and shall not be age restricted.
c. 
Permitted Accessory Uses. Uses that are customary and incidental to multi-family housing, including, but not limited to:
1. 
Parking.
2. 
Garages.
3. 
Signs.
4. 
Fences.
5. 
Temporary construction trailers.
6. 
Trash enclosures.
7. 
HVAC units.
8. 
Generators.
d. 
Bulk Regulations. The bulk regulations shall be the same as the B-1 Zone as depicted at Attachment 5 of the Borough's Land Development Ordinance (Schedule of Yard, Area and Bulk Requirements) with the following exceptions:
1. 
Minimum Lot Width shall be 95 feet.
2. 
Minimum Lot Area shall be 10,000 square feet.
3. 
Minimum Front Yard shall be 24 feet.
4. 
Minimum Side Yard shall be eight feet.
5. 
Minimum Rear Yard shall be 15 feet.
6. 
Maximum DU/Acre - A maximum of five housing units are permitted.
7. 
Development in this zone shall be exempt from Section 22-503 of the Borough's zoning ordinance (Apartments and Townhouses) as well as any other Borough standard conflicting with the bulk standards established herein.
8. 
Building height shall be the vertical distance measured from the average proposed grade at the perimeter of the building to the midpoint of a non-flat roof, or to the top of a flat roof. Chimneys, antennas, elevator equipment, cupolas, weather vanes, and mechanical and utility equipment may exceed the permitted building height by five feet.
9. 
Parking spaces situated parallel to the side lot line of the property may be a minimum of eight feet in width. No landscaping other than grass shall be required alongside such parallel parking spaces.
10. 
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 22 feet from the front yard property line and five feet on the side yard property line.
e. 
Parking and Loading.
1. 
Retail and office uses. Pursuant to Section 22-611 of the land development ordinance, no loading spaces shall be required for retail and office uses.
2. 
Residential uses. The residential site improvement standards shall apply, subject to the granting of reasonable de minimus exceptions.
f. 
Off Street Parking. Off street parking shall be set back a minimum of 22 feet from the front lot line, three feet from the site lot line and 30 feet from the rear lot line.
g. 
Fencing. Notwithstanding the set-back requirements for other accessory uses, fencing is permitted along the rear yard or side yard property line. Such fencing may be up to six feet in height and be of solid construction.
h. 
Trash Enclosure. Trash enclosure shall be masonry block and shall not be located closer than 15 feet from the rear lot line nor closer than 36 feet from the side lot line.
i. 
Driveway Aisle. Driveway aisle width shall be a minimum of 22 feet.
j. 
Landscaping. Landscaping along the southern property line shall be pervious material and shall not require planting.
k. 
Signage.
1. 
One monument sign with a maximum area of 40 square feet may be provided along the lot frontage if set-back five feet from the Route 71 street line as of January 1, 2022. The monument sign may provide information regarding the residential and non-residential uses in the building.
2. 
Numbers indicating the addresses of the multi-family residential buildings are permitted to be mounted on the building facade, not to exceed eight square feet and not to protrude more than six inches from the building's surface.
3. 
One tenant sign attached to the building consistent with Section 22-610.7f of the Borough zoning ordinances.
l. 
Deviations from Concept Plan. Development in the Affordable Housing Zone shall generally conform to the Concept Plan, dated (submission date) January 18, 2022. However, it is the intent that the applicant can make reasonable refinements to the Concept Plan and that the Board shall approve those refinements even if such refinements require variance relief.
m. 
Affordable Housing.
1. 
One, single, non-age-restricted, two-bedroom affordable housing unit on the street level, or 20% of the five residential units, shall be affordable to eligible very-low-income households, as defined as those households earning 30% or less of the regional median income, pursuant to N.J.S.A. 52:27D-329.1.
2. 
Pursuant to the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1, et seq. ("UHAC"), the affordable unit shall be subject to affordability controls of at least 30 years from the date of initial occupancy and affordable deed restrictions as provided for by UHAC, with the sole exception that very-low income shall be defined as at or below thirty 30% of median income pursuant to the Fair Housing Act, and the affordability controls shall remain unless and until the Borough, in its sole discretion, takes action to extend or release the unit from such controls after at least 30 years. If the Borough acts to release the unit from such controls, affordability controls shall remain in effect until the date on which a rental unit shall become vacant due the voluntary departure of the occupant household in accordance with N.J.A.C. 5:80-26.11(b).
3. 
The affordable unit shall comply with the UHAC regulations with regards to the pricing of rents or sale prices associated with very-low income households at 30% or less of median income, pursuant to N.J.S.A. 52:27D-329.1.
4. 
Construction of the affordable unit shall be phased in accordance with N.J.A.C. 5:93-5.6(d). The affordable unit shall be deed restricted prior to issuance of the certificates of occupancy, and a copy of the deed restrictions shall be provided to Fair Share Housing Center (510 Park Boulevard, Cherry Hill, New Jersey 08002) upon recording.
5. 
The affordable unit shall utilize the same heating sources as the market unit within the inclusionary development.
6. 
With regard to ADA compliance, the very-low income housing provided as townhouses or multistory dwelling units shall comply with N.J.A.C. 5:97-3.14.
7. 
The developer shall contract with an experienced administrative agent in compliance with N.J.A.C. 5:80-26.14.
8. 
The affordable unit shall be affirmatively marketed in accordance with the UHAC, pursuant to N.J.A.C. 5:80-26.15, and applicable law by an experienced administrative agent. The affirmative marketing shall include posting of the affordable unit in the New Jersey Housing Resource Center website in accordance with applicable law as well as written notice to the following community and regional organizations: Fair Share Housing Center (510 Park Boulevard, Cherry Hill, NJ 08002); the New Jersey State Conference of the NAACP; the Latino Action Network (P.O. Box 943, Freehold, NJ 07728); STEPS, OCEAN, Inc.; the Greater Red Bank, Asbury Park/Neptune, Bayshore, Greater Freehold, Greater Long Branch, and the Trenton branches of the NAACP; and the Supportive Housing Association.
Conflicting Standards and Exemptions. The standards set forth in the Affordable Housing Zone shall supersede any conflicting standards elsewhere in the Land Development Ordinance. It is recognized that the subject properties are relatively flat; and therefore, any Borough land regulation related to slope shall not apply to the Affordable Housing Zone. No municipal standard regulating tree removal or tree replacement shall apply in the Affordable Housing Zone.