Wildwood Crest City Zoning Code
ARTICLE XXIII
Affordable Housing Overlay Zone
§ 85-2301 Purpose.
[Ord. No. 1275-2018 § 1]
A.
The purpose of this Ordinance is to establish an Affordable Housing Overlay Zoning District over specific areas of the Borough. This Ordinance will permit residential affordable housing developments on tax lots included in the overlay zone. These specific areas, which consist of mainly the existing business district within the Borough, are portions of the Borough that can realistically accommodate affordable housing development. This Ordinance will place the overlay zone mostly along New Jersey Avenue as it is the most suitable area of the Borough to accommodate affordable housing development.
B.
The overlay zone will be placed into two sections. The first is the larger section of the overlay zone that will lie within the Business Zone (B-1) at the northern end of the Borough reaching from East Cresse Avenue to Myrtle Road (North to South). The overlay zone will extend to include at least the parcels of land along each side of New Jersey Avenue with some areas encompassing multiple parcels. The second section of the overlay zone is much smaller in size, but also lies within the Business Zone of the Borough and extends from West Syracuse Avenue to Topeka Avenue (North to South), along New Jersey Avenue. This section will also extend to include at least the parcels of land along both sides New Jersey Avenue with some areas containing several parcels.
C.
The Affordable Housing Overlay Zone will regulate said developments through bulk and design standards. However, the Borough's underlying zoning will still be in effect. The overall purpose is to permit affordable housing developments in the Borough on tax lots that have existing frontage on New Jersey Avenue or are deemed suitable for affordable housing. 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 will allow affordable housing to be approved under local ordinance and regulations without detriment to the existing Borough zoning plan and ordinance. Additionally, the overlay zone will preclude the need for a rezoning on suitable and developable properties along the New Jersey Avenue corridor. 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), N.J.A.C. 5:93, and the Housing Plan Element and Fair Share Plan prepared by the Borough to address its affordable housing obligation.
§ 85-2302 Affordable Housing Overlay Zoning Provisions.
[Ord. No. 1275-2018 § 2]
A.
Purpose: The purpose of the Affordable Housing Overlay Zone is to provide an opportunity to develop affordable housing to meet 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 Plan Element and Fair Share Plan of Wildwood Crest 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 section.
B.
Affordable Housing Overlay Zone: Tax lots with frontage on New Jersey Avenue and other suitable parcels within the Borough of Wildwood Crest 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 Ordinance that delineates the overlay zone. Additionally, a list of all tax lots to be included in the Affordable Housing Overlay Zone is provided below.[1]
[1]
Editor's Note: The map and list of tax lots referred to above may be found on file in the Borough offices attached to Ordinance No. 1275-2018.
C. AFFORDABLE HOUSING DEVELOPMENT MIXED-USE DEVELOPMENT
Definitions.
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or structure that provides for-sale or rental dwelling units for low and moderate income households within a residential use, structure, supportive or special needs dwelling, or residential component of a mixed-use development in accordance with the requirements of the Borough of Wildwood Crest's affordable housing ordinances and Housing Plan Element and Fair Share Plan.
A structure or building that encompasses two or more different land uses, which shall be a retail or commercial component and a residential component, whereby any commercial use must be on the ground floor of said building or structure and the upper levels of the structure shall be the residential component which can provide low and moderate income units, for-sale or rental, in accordance with the requirements of the Borough's affordable housing ordinances and Housing Plan Element and Fair Share Plan.
D.
Density and Required Set-Aside: The maximum density permitted for all affordable housing development in the overlay zone is 18 units per acre with a minimum required set-aside of 15%.
E.
Principal Permitted Uses:
F.
Accessory Uses:
2.
Signs in accordance with the standards of Chapter 85-97 - Signs;
4.
Accessory uses and accessory buildings incidental to the above uses, i.e. fully enclosed storage, dumpster in side or rear yard only, signs, off-street parking and loading, and display kiosks;
5.
Public utility installations subject to the following special requirements:
a.
No storage of materials and trucks and no repair facilities or staging of repair crews shall be permitted, except within completely enclosed buildings.
b.
The exterior of any structure shall be in keeping with the other structures in the immediate neighborhood.
c.
The proposed installation in a specific location must be necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located.
d.
The design of any building in connection with such facilities must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding area.
e.
Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Code in effect at the time of the construction.
f.
Landscaping, including shrubs, trees and lawns, shall be provided and maintained.
g.
Off-street parking shall be provided as determined by the Planning Board during site plan review.
G.
Area, Yard, and Building Requirements: The bulk requirements for affordable housing development shall be in conformance with the following:
Affordable Housing Overlay Bulk Requirements | |||||||||
|---|---|---|---|---|---|---|---|---|---|
Use** | Minimum Lot Area | Minimum Lot Frontage | Minimum First Floor Area | Minimum Lot Width | Minimum Front Yard Setback | Minimum Side Yard Set Back | Minimum Rear Yard Setback | Maximum Lot Coverage | Maximum Building Height* |
Mixed Use Develop- ment | 2,100 square feet | 30 Feet | 750 square feet | 40 Feet | BTL-ROW | 5 Feet (Each Side) | 4 Feet | 85% | 4 Stories/45 Feet |
Single Family Homes for Supportive or Special Needs | 2,100 square feet | 30 Feet | 750 square feet | 40 Feet | 2 Feet | 4 Feet (Each Side) | 4 Feet | 85% | 2 Stories/30 Feet |
Multi-Family Apartments | 2,100 square feet | 30 Feet | 750 square feet | 40 Feet | 2 Feet | 5 Feet (Each Side) | 4 Feet | 85% | 4 Stories/45 Feet |
* Maximum building height may only exceed the permitted heights for the purposes of being above the base flood elevation. |
** All principal ingress and egress for all uses shall be solely off of New Jersey Avenue. |
H.
Affordable Housing Requirements: All affordable housing developments within the overlay zone, for projects creating five or more units only, shall provide a minimum set-aside of 15% for rentals, and a minimum 20% for for-sale residential developments for low and moderate income households in accordance with Borough affordable housing requirements. All affordable housing developments shall conform to the standards found in the Borough's Affordable Housing Ordinance including provisions for affordability, very low income units, and UHAC standards.
1.
Age-restricted units shall be permitted within any affordable housing development but shall not exceed 25% of any given affordable housing development's low and moderate income set aside.