Borough of Avalon, NJ Zoning

Third-floor porches. (Decks which are not covered areas are not included in FAR; see the following section.)

Detached garages.

Sheds, cabanas, and similar enclosed buildings.

The FAR calculation shall not include:

Decks.

First- and second-floor porches.

Gazebos and pergolas.

GEOTHERMAL CLOSED LOOP SYSTEM

Attached garages which are enclosed provided that such garages can only be used for parking and storage.

Notwithstanding the FAR calculation, required setback and other zoning requirements remain unchanged.

FREEBOARD

Refer to definition contained in Borough of Avalon General Ordinances Chapter 19, Section 19-2.

FREEBOARD ELEVATIONS

Refer to definition contained in Borough of Avalon General Ordinances Chapter 19, Section 19-2.

GARAGE, PRIVATE

Any building or part thereof accessory to a principal building, providing for the storage of automobile(s) owned by the occupants of the main building to which the garage is accessory, including one (1) commercial vehicle with a capacity not greater than one (1) ton.

GEOTHERMAL ENERGY SYSTEM

A self-contained mechanical heat and air conditioning system (heat pump) and hot water heating system which utilizes the constant temperature of the earth as the heat exchanger. A geothermal heat pump system consists of indoor heat pump equipment, a ground loop, a heat distribution sub-system and a flow center to connect the indoor and outdoor equipment.

A geothermal energy system which uses a water and/or antifreeze solution, circulated in a ground loop of pipe to extract heat from the earth.

GEOTHERMAL OPEN LOOP SYSTEM

A geothermal energy system which draws water from a suitable source for use as the heat source, and after use, discharges the water into a suitable drainage filed, well or other return area.

GREEN SPACE

See definition contained in subsection 27-7.3t, Definitions

[Ord. No. 743-2016 § 2]

HABITABLE AREA

The space in a building for living, sleeping, eating or cooking. For the purposes of zoning, bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are considered habitable areas.

HOME OCCUPATION OR HOME PROFESSION

An occupation or profession which is customarily carried on in a dwelling unit or in an accessory building, which is operated by a member of the family residing on the premises and which is clearly incidental and secondary to the use of a main building for residential purposes.

HOTEL OR MOTEL

Any building, including but not limited to any related structure, accessory building, and land appurtenant thereto, and any part thereof, which contains 10 or more units of dwelling space or has sleeping facilities for 25 or more persons and is kept, used, maintained, advertised as, or held out to be, a place where sleeping or dwelling accommodations are available to transient or permanent guests.

This definition shall also mean and include any hotel, motor hotel, motel, or established guesthouse, which is commonly regarded as a hotel, motor hotel, motel, or established guesthouse, as the case may be, in the community in which it is located; provided, that this definition shall not be construed to include any building or structure defined as a multiple dwelling in this act, registered as a multiple dwelling with the Commissioner of Community Affairs as hereinafter provided, and occupied or intended to be occupied as such nor shall this definition be construed to include a rooming house or a boarding house as defined in the "Rooming and Boarding House Act of 1979," P.L. 1979, c. 496 (C. 55:13B-1 et al.) or, except as otherwise set forth in P.L. 1987, c. 270 (C. 55:13A-7.5, 55:13A-7.6, 55:13A-12.1, 55:13A-13.2), any retreat lodging facility, as defined in this section.

IMPERVIOUS COVERAGE

See Coverage, Impervious definition.

IMPERVIOUS SURFACE

Any structure which reduces the absorption of storm water into the land. These structures include, but are not limited to, buildings, open porches, patios, driveways, sidewalks, swimming pools, tennis courts, and basketball courts; whether constructed of fiberglass, stone, concrete, brick, wood, simulated wood, concrete pavers, asphalt, or any other construction material.

IRRIGATION ZONE

Area of a lawn or planting irrigated by a single valve.

JUNKYARD

Any lot or portion thereof, used for storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of structures, automobiles or other vehicles, and machinery or parts thereof.

KENNEL

Any building or land parcel used for the keeping of four (4) or more adult dogs and/or other household pets.

LOT

A parcel of land above or below water, occupied by or which may be occupied by a building and its accessory buildings, and including yards and other open spaces required by this chapter.

LOT AREA

The total area within the property lines of a lot, exclusive of any area within a street right-of-way.

LOT, CORNER

A lot lying contiguous to, and at the junction of two (2) or more, intersecting streets, or upon two (2) parts of the same street, forming an interior angle of less than one hundred thirty-five (135) degrees. Each corner lot shall have two (2) front yards, one (1) side yard and one (1) rear yard.

LOT DEPTH

The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot line.

LOT FRONTAGE

The horizontal distance across the lot measured along the front lot line. In the case of a lot with multiple street frontages, including a corner lot, the front lot line with the least dimensions fronting on a street shall constitute the lot frontage. In no event may more than one (1) front line be used to calculate lot frontage. Lot frontage on an unimproved street shall not satisfy the minimum lot frontage requirements unless said unimproved street is to be improved as part of the application for development.

LOT INTERIOR

A lot other than a corner lot.

LOT LINE, FRONT

The street line on which the lot fronts or abuts; for interior or flag beachfront lots, the property line parallel and adjacent to the beach. In no case shall any structure be closer than ten (10) feet to the dune line. The property line parallel and closest to the street line for interior or flag bay front lots.

LOT LINE, REAR

The lot line opposite and most distant from the front lot line. The lot line other than a street line which is the furthest lot line from the street. For zoning purposes only on waterfront properties, the bulkhead line or mean high water line shall be considered the rear lot line. However, in no event shall this be construed to permit construction beyond an existing bulkhead.

LOT LINE, SIDE

Any lot line other than a front or rear lot line.

LOT WIDTH

The distance between side lot lines measured parallel with the right-of-way for lots located on tangents and measured radially for lots located on curves.

MARINA

Facilities for the sale, repair, building, launching and storage of boats. Operations are completed both on land and in a water course.

MEAN HIGH WATER (MHW)

is a tidal datum that is the arithmetic mean of the high water heights observed over a specific 19-year Metonic cycle (the National Tidal Datum Epoch). For the New Jersey shore, the two (2) high waters of each tidal day are included in the mean. This datum is available from the New Jersey Department of Environmental Protection, Bureau of Tidelands.

MEAN HIGH WATER LINE (MHWL)

is the intersection of the land with the water surface at the elevation of mean high water. The elevation of mean high water varies along the oceanfront and the tidal bays and streams in the coastal zone. For purposes of this chapter the surveyed mean high water line elevation will be utilized.

NAVD 88

North American Vertical Datum of 1988. The vertical control datum established for vertical control surveying in the Unites States of America based upon the General Adjustment of the North American Datum of 1988. It replaces the National Geodetic Vertical Datum of 1929. All New Jersey and New York Advisory flood hazard elevations are referenced to NAVD 88.

NGVD 1929

National Geodetic Vertical Datum of 1929. National standard reference datum for elevations, formerly referred to as Mean Sea Level (MSL) of 1929. NGVD 1929 may be used as the reference datum on some Flood Insurance Rate Maps (FIRMs).

NATIONAL IRRIGATION ASSOCIATION (IA)

A nonprofit organization formed to promote the development, proper use and acceptance of irrigation equipment for all possible applications.

NONCONFORMING BUILDING OR STRUCTURE

A building or structure the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to this chapter, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the chapter.

NONCONFORMING LOT

A lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the present requirements of this chapter by reason of such adoption, revision or amendment.

NONCONFORMING SIGN

Any sign which was lawful prior to the adoption, revision, or amendment of this chapter, but which fails to conform to the present requirements of this chapter by reason of such adoption, revision, or amendment.

NONCONFORMING USE

A use or activity which was lawful prior to the adoption, revision or amendment to this chapter, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of this chapter.

OFFICE

A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government.

OPEN PORCH

A roofed open area, on any story, which is an exterior part of a building including a breezeway outside of and extending beyond the exterior walls of the building. Each exterior wall of the porch, which is not an exterior wall of the building, shall be completely and permanently open above the top of the railing or guards not more than six (6) inches above the Building Code required height for railings or guards (as applicable). An open porch may be screened.

[Ord. No. 728-2015 § 1]

PARKING, SEMI-ENCLOSED

A parking space or spaces, enclosed on three (3) sides by walls, located on the ground floor of a structure.

PARKING SPACE, OFF-STREET

A temporary storage area for a motor vehicle that is directly accessible to an access aisle, and which is not located on a dedicated street right-of-way. An area either within a structure or in the open exclusive of driveways, access drives and fire lanes, except that nothing shall prohibit private driveways for dwelling units from being considered off-street areas, provided that no portion of such public driveway within the right-of-way line of the street intersected by such driveway shall be considered an off-street parking space. A parking space shall be surfaced with stone, broken stone, concrete, asphalt, or unit pavers.

PATIO

A paved, unenclosed, roofless area at ground level. "Patios" may occupy portions of required side or rear yard areas.

PAVILION

A structure with a roof and open on all sides.

[Added 6-23-2021 by Ord. No. 821-2021]

PERGOLA

A structure with a defined support system for an open roof, either attached to a building or freestanding. The roof must maintain a maximum opacity of seventy (70%) percent.

PERMITTED USE

Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

PERSONAL ON-DEMAND STORAGE UNITS (PODS^®)

Steel framed and portable moving and storage units for the temporary storage of personal belongings and household items, with the exception of hazardous and explosive materials.

PERVIOUS SURFACE

Green space, landscape area, and stone areas not used for parking or driving that permit passage of storm water through the material.

POOL

A water-filled enclosure, permanently constructed or portable, maintained for swimming or bathing.

POOL, ABOVEGROUND

A pool of any shape constructed entirely above the final property grade. Aboveground pools are capable of being easily disassembled and reassembled to their original configuration.

POOL, COMMERCIAL

Any pool used in connection with any commercial or multi-family use.

POOL, COPING

The cap, made of any material, on the wall that provides a finishing edge around the pool or spa. It may be used as part of the system that secures the vinyl liner to the top of the pool wall and as a means of preventing water run-off from entering the pool.

POOL DECK

Those areas immediately adjacent to the pool or spa specifically constructed or installed for standing or walking. These decks may be made of concrete, wood, composite materials or masonry.

POOL, HOT TUB

A portable, warm water reservoir with self-contained pump, filter, control and heating components as an integral part of the product.

POOL, INGROUND

A pool of any shape constructed entirely below the final property grade. Inground pools are of permanent construction.

POOL, ONGROUND

A pool of any shape constructed partially above the final grade and has an excavated area partially below the final grade level. Onground pools are of permanent construction.

POOL, RESIDENTIAL

Any pool used in connection with a single-family or two-family private residence.

POOL, SPA

A permanently fixed, warm water reservoir with separate, detached pump, filter, controls and heating components. Spas may be attached or separate from onground and inground pools.

PRECIPITATION RATE

Rate at which a sprinkler system applies water to a given area.

PRESSURE COMPENSATING EMITTER

Device which maintains constant downstream operating pressure (immediately downstream of the device) which is lower than the upstream pressure.

PRINCIPAL BUILDING

A building in which is conducted the principal use of the lot on which it is located.

PRINCIPAL USE

The primary or predominant use of any lot.

PROPERTY LINE

The boundary line to define a plot or lot in a particular block.

RAIN SENSOR

An electronic device which measures naturally occurring moisture.

REPAIR GARAGE

Any building, premises, and land in which or upon which a business, service, or industry involving the maintenance, servicing, and repair of vehicles is conducted or rendered.

RESORT HOUSE

A residentially styled structure that is used, maintained, marketed, promoted and/or advertised as a destination location available for rent, lease or sub-lease for a gathering of invited guests for functions and special events, including, but not limited to: weddings, retreats, family reunions, parties and meetings. A resort house is a commercial use appropriate only in areas zoned for hotel/motel use and never has been permitted as a legal use under existing ordinance standards. A resort house is a commercial use and is not a traditional single-family residence and requires more off-street parking in order to accommodate the number of guests. Traditional seasonal rentals as defined in Chapter 22 or bed and breakfast establishments, licensed by the Borough and intended to accommodate not more than eighteen (18) persons shall not be considered to be resort houses.

RETAINING WALL

A structure designed and constructed to resist lateral pressure of soil when there is a desired change in ground elevation that exceeds the angle of repose (the slope) of the soil.

ROOF

The outside top covering of a building, deck, porch or patio intended to shelter the underlying structure.

ROTATOR OR SPRAY IRRIGATION

Method of irrigation in which the water is sprayed, or sprinkled, through the air to the ground surface.

SIGN

Any device (fixed or movable, permanent or temporary) for visual communication that is used for bringing the subject thereof to the attention of the public, (including banners) but not including any flag, badge or insignia of any government or government agency or any civic, charitable, religious, patriotic, fraternal or similar organization (or art work not advertising a specific product or business).

SINGLE AND SEPARATE LOT OWNERSHIP

The ownership of a lot by one (1) or more persons as an individual, partnership or corporation separately and distinctly from an adjoining lot.

SMART CONTROLLER

An electric timing device that operates each (irrigation) zone for a predetermined time and frequency and incorporates one or more sensors to prevent excessive watering.

SOAKER HOSE IRRIGATION SYSTEM

An irrigation system which utilizes semi-permeable hoses to wick or weep water either below the root level or at the ground level of the area.

SOIL MOISTURE SENSOR

An electronic device which measures field capacity and the actual soil moisture in the root zone soil at any given time.

SOLAR ENERGY SYSTEM

A complete design or assembly consisting of a solar energy collector, an energy storage facility (where utilized) and components for the distribution of transformed energy.

SPRINKLER

Hydraulically operated mechanical device which discharges water through a nozzle or nozzles.

STREET LINE

The boundary line of a street that forms the division between the street right-of-way, and abutting lots, or other land parcels.

STRUCTURE

A combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water.

SUBSTANTIAL DAMAGE

Refer to definition contained in Borough of Avalon General Ordinances Chapter 19, Section 19-2.

SUBSTANTIAL IMPROVEMENT

Refer to definition contained in Borough of Avalon General Ordinances Chapter 19, Section 19-2.

SWAT CERTIFICATION

"Smart Water Application Technologies" process by which products are tested for adherence to NIA minimum standards.

TERRACE

A raised, level and unroofed platform of earth or concrete, supported by one (1) or more faces of masonry or wood support. Terraces may not occupy any required yard areas.

TRELLISWORK

A frame of latticework used as a support for climbing plants. Trelliswork includes arbors and decorative gates. It is generally intended that trelliswork be high enough for humans to walk through or under.

UPLAND

Land above the high water line and not within the wetlands.

USE

The purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained.

WALL

(1) The vertical exterior surface of a building; or (2) the vertical interior surfaces which divide a building's space into rooms.

WATERCOURSE

Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks.

WHOLESALE

The sale of commodities in quantity for resale, typically not to the general public.

WIND TURBINE

A complete system, along with ancillary equipment, whose primary purpose is to convert wind energy into electrical power and provide for the collection, storage and distribution of same.

YARD

An open space on the same lot with a principal building, unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this chapter.

YARD, FRONT

The yard extending across the entire width of the lot lying between the front lot line or street line and the nearest wall or part of the building, but not including the usual uncovered steps. The depth of the "front yard" shall be measured at right angles to the adjoining street line. In the case of interior beachfront lots, the depth of the "front yard" shall be measured at right angles to the lot line parallel to the beach. In the case of corner lots "front yards" shall be provided along both street frontages.

YARD, REAR

A yard extending across the full width of the lot and lying between the rear lot line and the nearest wall or part of the building. The depth of a "rear yard" shall be measured at right angles to the rear lot line. In the case of through lots fronting on two (2) parallel streets, there will be no "rear yard," and front yard requirements will be increased by five (5) feet on each street. In the case of bay front lots the rear yard is measured from the front property line where the yard is one hundred ten (110) feet or less.

YARD, SIDE

A yard located between the sideline of the lot and the nearest wall or part of the building and extending from the front yard to the rear yard. The width of the "side yard" shall be measured at right angles to the side lot line. In the case of corner lots, there shall be only one (1) "side yard" adjacent to the interior lot line.

§ 27-4 ESTABLISHMENT OF ZONE DISTRICTS.

[Ord. No. 607-2009 § 27-4; Ord. No. 675-2013 § 2; Ord. No. 689-2013 § 2; Ord. No. 750-2016]

Effect of This Chapter.

This chapter shall be applicable to the regulation of the use of all land and structures within the Borough of Avalon.

The provisions of this chapter shall be held to be the minimum requirements (or the maximum, when so specified). Where this chapter imposes a greater restriction than is imposed and required by other provisions of law or by other rules, regulations or resolutions, the provisions of this chapter shall control. Where other laws, rules, regulations or resolutions require greater restrictions than are imposed by this chapter, the provisions of such laws, rules, regulations or resolutions shall control.

The standards established by this chapter shall be applied uniformly within each zoning district to each class or kind of structure or land. Only uses which are specifically provided for by the regulations of any district shall be permitted in that district unless authorized by the Board pursuant to this chapter.

Upon the effective date of this chapter, no building shall hereafter be used, erected, altered, converted, enlarged, added to, moved or reduced, nor shall any lands be subdivided, developed, or redeveloped in any manner except in conformity with the standards provided herein, as applied to the zoning district in which the building or land is located.

Upon the effective date of this chapter, all buildings and land which are not in full conformity with the standards provided herein, as applied to the zoning district in which the building or land is located, shall be deemed to be nonconforming and shall be subject to the provisions of this chapter.

The Borough does hereby formally adopt the Federal Emergency Management Agency (FEMA) MAPS AS SPECIFIED IN CHAPTER 19 OF THIS CODE.

[Ord. No. 750-2016]

§ 27-4.1 District Classification.

[Ord. No. 607-2009 § 27-4.1; Ord. No. 695-2014 § 3]

For the purpose of this chapter, the Borough of Avalon is hereby divided into twelve (12) classes of districts as follows:

R-1AA	District
R-1A	District
R-1B	District
R-1C	District
R-2A	District
R-2B	District
R-M (Hotel-Motel)	District
B-1	District
B-2	District
M-B	District
P-U	District
P-C	District

§ 27-4.2 Zoning Map.

[Ord. No. 607-2009 § 27-4.2; amended by Ord. No. 735-2016; 1-25-2023 by Ord. No. 853-2023]

The districts established in subsection 27-4.1 are bounded and defined as shown on a map entitled "2023 Zoning Map, Borough of Avalon, Cape May County, New Jersey, as amended from the Maps dated 2007, 1983, and 1979."

Zoning Map Amendments.

Block 18.05, Lots 69 through 73.01 inclusive on the Official Zoning Map of the Borough of Avalon shall be amended and re-designated from the Marine-Business (M-B) Zone into the R-2A (Residential) Zone. This area is inclusive of Block 18.05, Lots 67.01, 68, 69, 73.02, 73.02, 74, 75, 76.01, 76.02, 77, 78 and 79.

That area commencing at the southeast corner of 22nd Street and extending to the northeast corner of 27th Street shall be changed from the B-1 Zone to the R-2A Zone.

Block 19.12, Lots 78, 80, 81, 82, and 83 are located on the west side of Ocean Drive and currently zoned R-1C and the lots to the south and north of these lots are zoned R-2A and those lots which are currently zoned R-1C shall be rezoned to R-2A to be consistent with the zoning along the west side of Ocean Drive.

Block 21.04, Lots 51.01, 53.01, 57, 59.01, 61, 63, 65.01, and 67 (all located on the north side of 22nd Street between Ocean Drive and Dune Drive) shall be rezoned from the B-1 Zone to the R-2A Zone.

§ 27-4.3 Boundary Line Interpretation.

[Ord. No. 607-2009 § 27-4.3]

Where uncertainty exists with respect to the boundary of any of the zoning districts as shown on the Zoning Map the following rules shall apply:

Zone district boundary lines are intended to follow the centerline of streets or interior waterways and the dune line as established by Ordinance No. 442 adopted October 7, 1970. Where district boundaries are so indicated that they are approximately parallel to said lines, such district boundaries shall be construed as being parallel thereto and at such distances there from as indicated on the Zoning Map. If no distance is given, such dimensions shall be determined by use of graphic scale shown on said map.

Where boundary lines are not fixed by dimension and where they do not scale more than ten (10) feet distance from a plat or Tax Map lot line, such lot line shall be construed to be the boundary line.

Where district boundary lines follow an exterior waterway or water body, the boundary line shall be deemed to be located at the limit of the jurisdiction of the Borough unless otherwise specified.

Where physical or other features existing on the ground are at variance with those shown on the Zoning Map or in other circumstance not covered by subsection 27-4.3a, b and c above, the Board shall interpret the district boundary.

Where the districts containing lots shown on the tax map adjoin barrier sand dunes, either artificial or natural; these barrier sand dunes being located immediately west of the beach area, the districts and lots therein shall be bounded by an imaginary line along the westerly side of the sand dunes.

§ 27-5 APPLICATION OF REGULATIONS.

§ 27-5.1 Conformance.

[Ord. No. 607-2009 § 27-5.1]

Except as otherwise provided in the case of nonconforming uses, no building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformance with the regulations herein specified for the district in which it is located.

No land located in a business district shall be used for commercial purposes unless said business is operated from a building and said building conforms to all applicable zoning regulations for the district in which it is located.

§ 27-5.2 Uniformity.

[Ord. No. 607-2009 § 27-5.2]

Within each district, the regulations set by this chapter shall be minimum regulations and shall apply uniformly to each class or kind of structure or land use.

§ 27-6 DISTRICT REGULATIONS.

§ 27-6.1 Zoning District Regulations.

[Ord. No. 607-2009 § 27-6.1; Ord. No. 626-2010 § 2; Ord. No. 635-2010 § 2; Ord. No. 695-2014 §§ 3, 4]

Zoning district regulations for principal uses are set forth in subsection 27-6.2.

Zoning district regulations for conditional uses are set forth in subsections 27-6.2 and 27-7.1.

Zoning district regulations for accessory uses are set forth in subsections 27-6.2 and 27-7.2.

Supplemental regulations are set forth in subsection 27-7.3.

Site plan review and approval pursuant to Chapter 26, Subdivision and Site Plan Review, shall be required for any proposed use requiring a building permit other than a single- or two-family dwelling on a single and separate lot.

The following uses are expressly prohibited in any and all zone districts in the Borough.

Animal kennels.

Bulk storage of products, which create an unusual danger of explosion or fire hazard, such as fireworks or explosives or gases, such as ammonia, chlorine, acetylene gas and others of like characteristics.

Junkyards and automobile wrecking.

The commercial manufacture, fabrication, processing, packaging or treatment of materials or goods.

Any commercial use, which is a prima facie nuisance in the vicinity of residential or other business uses, by reason of smoke, odor, noise, fumes, vibration or intensive light.

Wind Turbines, except in the P-U (Public Use) District.

Pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16),[1] all cannabis establishments, cannabis distributors or cannabis delivery services are hereby prohibited from operating anywhere in the Borough of Avalon, except for the delivery of cannabis items and related supplies by a delivery service. This shall include, but not be limited to, any business or enterprise of any nature whatever that is engaged in the cultivation, manufacturing, testing, sale, or distribution of medicinal and recreational marijuana and/or the paraphernalia that facilitates the use of such marijuana is prohibited within the Borough and in each of the several Zoning Districts thereof.

[Amended 4-10-2019 by Ord. No. 781-2019; 6-23-2021 by Ord. No. 822-2021]

[1]

Editor's Note: See N.J.S.A. 24:6I-31 et seq.

The Borough has further determined that any business or enterprise, regardless of licensure by the State of New Jersey, and engaged in the cultivation, manufacturing, wholesale, retail, testing or distribution of medicinal and recreational marijuana and/or the paraphernalia that facilitates the use of such marijuana is prohibited within the Borough and in each of the several Zoning Districts thereof.

Principal Use. Only one (1) principal use is permitted on each lot or site. The exceptions are in the B-1, B-2, M-B, and R-M (Hotel-Motel) Districts, where multiple uses are permitted on a single lot as permitted in the zoning district as a conditional use.

In accordance with the rules and regulations of the Americans with Disabilities Act, all handicapped accessibility structures are exempt from setback and lot coverage requirements in all zones.

Commercial residential uses, specifically including resort houses, are prohibited in all zones except the R-M (Hotel-Motel) Zone.

§ 27-6.2 Zoning District Use Regulations.

[Ord. No. 607-2009 § 27-6.2; Ord. No. 642-2011 § 1; Ord. No. 695-2014 §§ 3,5,6; Ord. No. 730-2015 § 2]

R-1AA District. In the R-1AA District, no building or structure shall be erected, constructed, altered or used for any purpose other than the following:

Principal Uses.

Single-Family Dwellings. (Note: All applications for single-family dwellings must be reviewed and approved by both the Environmental Commission and the Board.)

Essential services:

Conditional Uses.

None.

Accessory Uses:

Private garages.

Off-street parking.

Signs.

Home occupations.

Swimming pools.

[Ord. No. 730-2015 § 2]

Bulk Requirements (Principal Uses):

Minimum Lot Area: The minimum lot area shall be twenty-two thousand (22,000) sq. ft.

Minimum Lot Frontage: The minimum lot frontage shall be one hundred ten (110) feet.

Minimum Yard Setbacks:

The minimum front yard setback shall be fifteen (15) feet. Garages shall have a minimum front yard setback of eighteen (18) feet.

The minimum total side yard setback shall be twenty (20) feet and the minimum for one (1) side shall be eight (8) feet.

The minimum rear yard setback shall be twenty-five (25) feet.

The minimum front yard setback for lots contiguous to the established dune line shall be ten (10) feet (see subsection 27-7.3).

Average Lot Width: The average lot width shall not be less than fifty-five (55%) percent of the lot frontage.

Maximum Building Height: The maximum building height shall be thirty (30) feet unless specifically permitted differently elsewhere in this chapter.

Minimum Floor Area: The minimum floor area shall be one thousand five hundred (1,500) sq. ft.

Maximum Building Coverage:

The total maximum building coverage shall be twenty-seven (27%) percent of the lot area.

One (1) detached accessory building per lot is permitted in the rear yard only (exception see subsection 27-7.2a2(c) and (d) in excess of the maximum building coverage pursuant to subsection 27-7.2a1(i).

Maximum Deck or Porch Coverage: The total maximum attached and detached deck, entrance platform and/or porch coverage, when combined with the building coverage, shall not exceed thirty-eight (38%) percent of the lot area.

Maximum Impervious Coverage: The maximum impervious coverage shall be sixty-five (65%) percent of the lot area.

Single-family maximum FAR = 0.70.

R-1A District. In the R-1A District, no building or structure shall be erected, constructed, altered or used for any purpose other than the following:

Principal Uses:

Single-family dwellings.

Essential services.

Conditional Uses:

None.

Accessory Uses:

Private garages and other accessory uses and structures.

Tennis courts.

Swimming pools.

Off-street parking.

Signs.

Home occupations.

Bulk Requirements (Principal Uses):

Minimum Lot Area: The minimum lot area shall be eleven thousand (11,000) sq. ft.

Minimum Lot Frontage: The minimum lot frontage shall be one hundred (100) feet.

Minimum Yard Setbacks:

The minimum front yard setback shall be fifteen (15) feet. Garages shall have minimum front yard setback of eighteen (18) feet.

The minimum total side yard setback shall be twenty (20) feet and the minimum for one (1) side shall be eight (8) feet.

The minimum rear yard setback shall be twenty-five (25) feet.

The minimum yard setback for lots contiguous to the established dune line shall be ten (10) feet.

Average Lot Width: The average lot width shall not be less than fifty-five (55%) percent of the lot frontage.

Maximum Building Height: The maximum building height shall be thirty (30) feet unless specifically permitted differently elsewhere in this chapter.

Minimum floor area shall be one thousand five hundred (1,500) sq. ft.

Maximum Building Coverage: The total maximum building coverage shall be twenty-seven (27%) percent of the lot area.

Maximum Impervious Coverage: The maximum impervious coverage shall be sixty-five (65%) percent of the lot area.

Single-family maximum FAR = 0.70.

R-1B District. In the R-1B District, no building or structure shall be erected, constructed, altered or used for any purpose other than the following:

Principal Uses:

Single-family dwellings.

Essential services.

Public parks, public playgrounds and recreational areas operated by membership organizations for the benefit of their members or for the general public and not for gain.

Municipal buildings.

Conditional Uses:

Churches, parish houses and church recreational buildings.

Public libraries.

Hospitals.

Nursing homes.

Public and private schools.

Accessory Uses:

Private garages and other accessory uses and structures.

Tennis courts.

Swimming pools.

Off-street parking.

Signs.

Home occupations.

Private docks.

Bulk Requirements (Principal Uses):

Minimum Lot Area: The minimum lot area shall be six thousand (6,000) sq. ft.

Minimum Lot Frontage: The minimum lot frontage shall be sixty (60) feet.

Minimum Yard Setbacks:

The minimum front yard setback shall be fifteen (15) feet. Garages shall have minimum front yard setback of eighteen (18) feet.

The minimum total side yard setback shall be twenty (20) feet and the minimum for one (1) side shall be eight (8) feet.

The minimum rear yard setback shall be twenty-five (25) feet. (Exception see subsection 27-7.3s)

The minimum yard setback for lots contiguous to the established dune line shall be ten (10) feet.

Average Lot Width: The average lot width shall not be less than fifty-five (55%) percent of the lot frontage.

Maximum Building Height: The maximum building height shall be thirty (30) feet unless specifically permitted differently elsewhere in this chapter.

Minimum floor area shall be nine hundred (900) sq. ft.

Maximum Building Coverage:

The total maximum building coverage shall be twenty-seven (27%) percent of the lot area.

Maximum Impervious Coverage: The maximum impervious coverage shall be sixty-five (65%) percent of the lot area.

Single-family maximum FAR = 0.70.

R-1C District. In the R-1C District, no building or structure shall be erected, constructed, altered or used for any purpose other than the following:

Principal Uses:

Single-family dwellings.

Essential services.

Public parks, public playgrounds and recreational areas operated by membership organizations for the benefit of their members or for the general public and not for gain.

Municipal buildings.

Conditional Uses:

Churches, parish houses and church recreational buildings.

Public libraries.

Hospitals.

Nursing homes.

Public and private schools.

Accessory Uses:

Private garages and other accessory uses and structures.

Tennis courts.

Swimming pools.

Off-street parking.

Signs.

Home occupations.

Private docks.

Bulk Requirements (Principal Uses):

Minimum Lot Area: The minimum lot area shall be five thousand (5,000) sq. ft.

Minimum Lot Frontage: The minimum lot frontage shall be fifty (50) feet.

Minimum Yard Setbacks:

The minimum front yard setback shall be fifteen (15) feet. Garages shall have minimum front yard setback of eighteen (18) feet.

The minimum total side yard setback shall be eighteen (18) feet and the minimum for one (1) side shall be eight (8) feet.

The minimum rear yard setback shall be twenty-five (25) feet. (Exception see subsection 27-7.3s)

The minimum yard setback for lots contiguous to the established dune line shall be ten (10) feet.

Average Lot Width: The average lot width shall not be less than fifty-five (55%) percent of the lot frontage.

Maximum Building Height: The maximum building height shall be thirty (30) feet unless specifically permitted differently elsewhere in this chapter.

Minimum floor area shall be nine hundred (900) sq. ft.

Maximum Building Coverage:

The total maximum building coverage shall be twenty-seven (27%) percent of the lot area.

Maximum Impervious Coverage: The maximum impervious coverage shall be sixty-five (65%) percent of the lot area.

Single-family maximum FAR = 0.70.

R-2A District. In the R-2A District, no building or structure shall be erected, altered or used for any purpose other than the following:

Principal Uses:

Single-family dwellings.

Two-family dwellings.

Essential services.

Public parks, public playgrounds and recreational areas operated by membership organizations for the benefit of their members or for the general public and not for gain.

Municipal buildings.

Conditional Uses:

Churches, parish houses and church recreational buildings.

Public libraries.

Hospitals.

Nursing homes.

Public and private schools.

Accessory Uses:

Private garages and other accessory uses and structures.

Tennis courts.

Swimming pools.

Off-street parking.

Signs.

Home occupations.

Private docks.

Bulk Requirements (Principal Uses):

Minimum Lot Area: The minimum lot area shall be five thousand (5,000) sq. ft.

Minimum Lot Frontage: The minimum lot frontage shall be fifty (50) feet.

Minimum Yard Setbacks:

The minimum front yard setback for all permitted uses unless otherwise specifically stated elsewhere shall be fifteen (15) feet. Garages shall have minimum front yard setback of eighteen (18) feet.

The minimum total side yard setback for all permitted uses unless otherwise specifically stated elsewhere shall be eighteen (18) feet and the minimum for one (1) side shall be eight (8) feet.

The minimum rear yard setback for all permitted uses shall be twenty-five (25) feet. (Exception see subsection 27-7.3s)

Average Lot Width: The average lot width shall not be less than fifty-five (55%) percent of the lot frontage.

Maximum Building Height: The maximum building height shall be thirty (30) feet unless specifically permitted differently elsewhere in this chapter.

Minimum floor area shall be nine hundred (900) sq. ft.

Maximum Building Coverage:

The total maximum building coverage shall be twenty-seven (27%) percent of the lot area.

Maximum Impervious Coverage: The maximum impervious coverage shall be sixty-five (65%) percent of the lot area.

Single-family and two-family dwelling maximum FAR = 0.70.

R-2B District. In the R-2B District, no building or structure shall be erected, altered or used for any purpose other than the following:

Principal Uses:

Single-family dwellings.

Two-family dwellings.

Essential services.

Public parks, public playgrounds and recreational areas operated by membership organizations for the benefit of their members or for the general public and not for gain.

Municipal buildings.

Conditional Uses:

Churches, parish houses and church recreational buildings.

Public libraries.

Hospitals.

Nursing homes.

Public and private schools.

Accessory Uses:

Private garages and other accessory uses and structures.

Tennis courts.

Swimming pools.

Off-street parking.

Signs.

Home occupations.

Private docks.

Bulk Requirements (Principal Uses):

Minimum Lot Area:

The minimum lot area for single-family dwellings shall be four thousand (4,000) sq. ft.

The minimum lot area for two-family dwellings shall be five thousand (5,000) sq. ft.

Minimum Lot Frontage:

The minimum lot frontage for single-family dwellings shall be forty (40) feet.

The minimum lot frontage for two-family dwellings shall be fifty (50) feet.

Minimum Yard Setbacks:

The minimum front yard setback shall be fifteen (15) feet. Garages shall have minimum front yard setback of eighteen (18) feet.

The minimum total side yard setback for all single-family uses unless otherwise specifically stated elsewhere shall be fifteen (15) feet and the minimum for one (1) side shall be five (5) feet.

The minimum total side yard setback for all two-family uses unless otherwise specifically stated elsewhere shall be eighteen (18) feet and the minimum for one (1) side shall be eight (8) feet.

The minimum rear yard setback shall be twenty-five (25) feet. (Exception see subsection 27-7.3s)

Average Lot Width: The average lot width shall not be less than fifty-five (55%) percent of the lot frontage.

Maximum Building Height: The maximum building height shall be thirty (30) feet unless specifically permitted differently elsewhere in this chapter.

Minimum floor area shall be nine hundred (900) sq. ft.

Maximum Building Coverage:

The total maximum building coverage shall be twenty-seven (27%) percent of the lot area.

Maximum Impervious Coverage: The maximum impervious coverage shall be sixty-five (65%) percent of the lot area.

Single-family and two-family dwelling maximum FAR = 0.70.

R-M (Hotel-Motel) District. In the R-M (Hotel-Motel) District, no building or structure shall be erected, constructed, altered or used for any purpose other than the following:

Principal Uses:

Motels and hotels.

Essential services.

Public parks, public playgrounds and recreational areas operated by membership organizations for the benefit of their members or for the general public and not for gain.

Municipal buildings.

Conditional Uses:

Churches, parish houses and church recreational buildings.

Public libraries.

Hospitals.

Nursing homes.

Public and private schools.

Resort Houses are permitted as conditional uses only within the R-M (Hotel-Motel) Zone.

Accessory Uses:

Private garages and other accessory uses and structures.

Tennis courts.

Swimming pools.

Off-street parking.

Signs.

Private docks.

Retail stores and shops.

Personal service shops.

Restaurants.

Hotels and Motels:

Bulk Requirements:

Minimum Lot Area: The minimum lot area shall be twenty-four thousand two hundred (24,200) sq. ft.

Minimum Lot Frontage: The minimum lot frontage shall be one hundred (100) feet.

Minimum Yard Setbacks:

The minimum front yard setback shall be twenty (20) feet.

The total minimum side yard setback shall be forty (40) feet. The minimum side yard shall be twenty (20) feet.

The minimum rear yard setback shall be twenty (20) feet.

Average Lot Width: The average lot width shall not be less than fifty-five (55%) percent of the lot frontage.

Maximum Building Height: The maximum building height shall be thirty (30) feet unless specifically permitted differently elsewhere in this chapter.

Maximum Building Coverage: The total maximum building coverage shall be sixty (60%) percent of the lot area.

(7)

Floor Area:

Minimum number of units is twenty-two (22).

Individual motel/hotel units including private bath:

[1]

Without cooking facilities - two hundred sixty-four (264) sq. ft. minimum.

[2]

With cooking facilities - three hundred twenty-five (325) sq. ft. minimum.

Incidental service shops - one thousand (1,000) sq. ft. maximum.

Professional offices - shall not exceed five (5%) percent of the permitted floor area of the structure.

General Requirements:

Central cooking and dining facilities, cocktail lounges and entertainment facilities may be permitted as part of the structure.

Incidental service shops, such as barbershops, beauty salons and gift or apparel shops are permitted as part of the structure. No individual shop shall exceed an area of one thousand (1,000) square feet.

Entrance or display windows for such shops shall not face on any street. Not more than a total of three (3) such shops are permitted for any one (1) hotel or motel (does not apply in M-B District).

Bulk Requirements (Principal Uses) Other than Hotels/Motels:

Minimum Lot Area: The minimum lot area shall be five thousand (5,000) sq. ft.

Minimum Lot Frontage: The minimum lot frontage shall be fifty (50) feet.

Minimum Yard Setbacks:

The minimum front yard setback shall be fifteen (15) feet.

The minimum total side yard setback shall be eighteen (18) feet and the minimum for one (1) side shall be eight (8) feet.

The minimum rear yard setback shall be twenty-five (25) feet.

Average Lot Width: The average lot width shall not be less than fifty-five (55%) percent of the lot frontage.

Maximum Building Height: The maximum building height shall be thirty (30) feet unless specifically permitted differently elsewhere in this chapter.

Minimum floor area shall be nine hundred (900) sq. ft.

Bulk Requirements for Resort Houses as Conditional Uses Only within the R-M (Hotel-Motel) Zone:

Lot area shall be not less than 8,000 square feet.

Lot frontage shall be not less than 80 feet.

Setbacks shall be not less than:

Front yard	15 feet
Side yard (each side)	10 feet
Rear yard	25 feet

Average Lot Width: Not less than 55% of Lot Frontage.

Maximum height: 30 feet.

Building coverage: 27%.

Building coverage with deck: 38%.

FAR: 0.70.

Off-street parking shall be provided on the basis of 1.5 parking spaces for each bedroom, which shall include any room that is able to be used for overnight accommodations regardless of how it is named;

Occupancy shall be for no more than 24 people.

Landscaping must comply with subsection 27-7.3t.

Storm water management must comply with subsection 27-7.3u.

B-1 District. In the B-1 District, no building or structure shall be erected, constructed, altered or used; nor shall any parcel of land be used for any purpose other than the following:

Principal Uses:

Retail stores and shops.

Personal service shops.

Banks, theaters, offices, restaurants and other similar community services.

Light wholesale uses.

Municipal buildings.

Conditional Uses:

Commercial tennis courts.

Churches, parish houses and church recreational buildings.

Public libraries.

Public and/or private schools.

Second and third floor residential.

Repair garages and automobile service stations.

Convenience stores, supermarkets, and drugstores.

Single-family dwellings in accordance with the R-2B District.

Accessory Uses:

Off-street parking.

Signs.

Home occupations.

Automobile wash associated with a repair garage and automobile service station only.

Convenience store associated with a repair garage and automobile service station only.

Bulk Requirements (Principal Uses):

Minimum lot area: The minimum lot area shall be five thousand (5,000) sq. ft.

Minimum Lot Frontage: The minimum lot frontage shall be fifty (50) feet.

Minimum Yard Setbacks:

The minimum front yard setback is ten (10) feet.

Principal buildings which front on Dune Drive shall have a minimum front yard setback from the Dune Drive street line of one (1) foot for the first floor; provided that door swing, eaves, cornices etc. do not encroach into the right-of-way. The second and third floors shall have a minimum front yard setback from the Dune Drive street line of two (2) feet.

Principal buildings located on corner lots which front on Dune Drive shall have a minimum front yard setback of five (5) feet from streets running east-west.

Temporary awnings may protrude up to six (6) feet from the face of the building. Awnings must be at least seven (7) feet above any walking surface.

The minimum side yard setback is zero (0) feet except adjacent to an existing residential use or zone, the minimum side yard setback shall be five (5) feet.

The minimum rear yard setback is twenty-five (25) feet.

Any development on a lot with frontage on Dune Drive shall provide a maximum setback from the Dune Drive street line of ten (10) feet. Corner lots with frontage on Dune Drive shall provide a maximum setback from the side street line of fifteen (15) feet.

Building Height:

The maximum building height for any principal structure shall be thirty (30) feet unless specifically permitted differently elsewhere in this chapter.

To encourage restaurant uses and retail and office space with increased interior ceiling heights, as well as decorative roof elements, building heights may be increased up to four (4) additional feet, in accordance with the following:

Buildings, which provide first floor ceiling heights greater than eight (8) feet shall be permitted to increase the overall building height an amount equal to the height that the first floor exceeds eight (8) feet, for up to four (4) additional feet in height.

Pitched roofs having slopes between 4:12 and 12:12, and/or decorative elements such as cupolas or gable end elements are permitted to exceed the maximum height by up to four (4) feet.

A building may utilize the four (4) foot height increase identified in paragraphs [a] and [b] above, or a combination thereof, however, in no case shall any building exceed a height of thirty-four (34) feet.

No increase in height above thirty (30) feet shall result in any increase in habitable area in the top floor, including the creation of attic or storage space.

Minimum floor area per store is one thousand (1,000) sq. ft.

Minimum store frontage per store is sixteen (16) feet on any street.

Special Requirements. Any lot with frontage on Dune Drive must comply with the following special requirements as well as any other applicable bulk requirement.

Vehicular access from Dune Drive onto corner lots shall be prohibited.

Vehicular access from Dune Drive to interior lots may be permitted once all options including: shared driveways, rear access easements and other methods to provide access without utilizing Dune Drive have been exhausted.

Any and all lots, which front on Dune Drive, shall be considered to have the front yard on Dune Drive.

Corner lot development shall provide easements granting access to interior lots from the side street.

All development shall comply with the following:

A minimum of fifty (50%) percent of the building façade area measured from the sidewalk elevation to a height of ten (10) feet above the sidewalk shall be comprised of clear, nonreflective glass in the form of doors, windows and/or display cases. Opaque coverings and glazing, which prohibit visibility into the display area are prohibited.

A minimum clear distance of six (6) feet and an average clear distance of eight (8) feet of pedestrian walkway shall exist between the Dune Drive curbline and the building facade.

Buildings or facades longer than fifty (50) feet in length, which face any street, shall be articulated with vertical divisions to reduce the scale and uniformity of large-scale buildings. Vertical divisions or modules shall be designed every thirty-three (33) feet or less on all street-side building facades, featuring a combination of pilasters, piers, projecting bays, arcades, changes in facade materials, colors, forms, detailing and changes in roof configuration, to appear to be several separate buildings consistent with traditional town center architecture.

A minimum of forty (40%) percent of the facade area facing Dune Drive on the second and third floor shall be setback at least two (2) feet, but not more than three (3) feet. Uncovered balconies with open railings, less than twenty (20) square feet in area may extend up to three (3) feet from the facade, but may not encroach into the right-of-way.

A minimum of twenty (20%) percent of the facade area facing a street on the second and third floor shall be setback a minimum of six (6) feet. Decks and roofed porches shall have a minimum setback of two (2) feet, but may not extend beyond the first floor.

All buildings shall include pitched roofs and decorative roof elements such as cornices, pediments, gable dormers, cupolas, pavilions, hips and gables around the perimeter of the building. These elements shall have sufficient depth such that interior roof areas, which may be flat, are not visible from the street or adjoining properties at ground level. All buildings shall have modulated roof lines so that:

When viewed in elevation, not more than fifty (50%) percent of the roofline is flat. In this instance, mansard or pent roofs are considered to be flat roofs.

Adjacent flat roof elements, including cornices, pent and mansard roofs, shall be varied in height by a minimum of two (2) feet.

Pitched roof elements shall have gables facing outward with a roof pitch between 4:12 and 12:12.

In order to provide variety and visual interest along the streetscape, buildings should be complementary in style and form to surrounding structures, but shall not replicate or duplicate the forms, materials or colors of an adjacent building.

Where buildings are located adjacent to a driveway, three (3) foot wide curbed, pedestrian safety islands shall be provided to establish separation between the driveway and the building.

B-2 District. In the B-2 District, no building or structure shall be erected, constructed, altered, or used; nor shall any parcel of land be used for any purpose other than the following:

Principal Uses:

Single-family dwellings.

Two-family dwellings.

Retail stores and shops.

Personal service shops.

Banks, theaters, offices, restaurants and similar community services.

Other retail or light wholesale uses.

Municipal buildings.

Conditional Uses:

Commercial tennis courts.

Churches, parish houses and church recreational buildings.

Public libraries.

Public or private schools.

Accessory Uses:

Private garages and other accessory structures.

Signs.

Swimming pools.

Off-street parking.

Private tennis courts.

Home occupations.

Second floor residential.

Bulk Requirements (Principal Uses):

Minimum Lot Area: The minimum lot area shall be five thousand (5,000) sq. ft.

Minimum Lot Frontage: The minimum lot frontage shall be fifty (50) feet.

Set backs—Single-Family and Two-Family Dwellings:

The minimum front yard setback is fifteen (15) feet. Garages shall have minimum front yard setback of eighteen (18) feet.

The minimum side yard setbacks total shall be eighteen (18) feet with a minimum one (1) side eight (8) feet.

The minimum rear yard setback is twenty-five (25) feet.

Setbacks — Other:

The minimum front yard setback is fifteen (15) feet.

The minimum side yard setback total shall be eighteen (18) feet with a minimum side of eight (8) feet.

The minimum rear yard setback is twenty-five (25) feet.

The maximum building height for any principal structure shall be thirty (30) feet unless specifically permitted differently elsewhere in this chapter.

The minimum floor area shall be nine hundred (900) sq. ft.

Maximum Building Coverage: The total maximum nonresidential building coverage shall be thirty (30%) percent of the lot area.

Single-Family and Two-Family Maximum Building Coverage:

The total maximum building coverage shall be twenty-seven (27%) percent of the lot area.

Single-Family and Two-Family Maximum Impervious Coverage: The maximum impervious coverage shall be sixty-five (65%) percent of the lot area.

Single-family and two-family residential dwelling FAR: 0.70

M-B District. In the M-B (Marine Business) District, no building or structure shall be erected, constructed, altered or used for any purpose other than the following:

Principal Uses:

Marina.

Essential services.

Municipal buildings.

Public parks and recreation areas operated by membership organizations for the benefit of their members or for the general public and not for gain.

Conditional Uses:

Motels and hotels.

Multiple dwellings.

Townhouses.

Commercial tennis courts.

Public/private schools.

Churches, parish houses and church recreational buildings.

Public libraries.

Retail stores and shops.

Restaurant or fast food restaurant.

Accessory Uses:

Private garages and other accessory uses and structures.

Off-street parking.

Signs.

Private dock.

Swimming pools.

Bulk Requirements:

Minimum Lot Area: The minimum lot area shall be five thousand (5,000) sq. ft.

Minimum Lot Frontage: The minimum lot frontage shall be fifty (50) feet.

Minimum Yard Setbacks:

The minimum front yard setback shall be ten (10) feet.

The minimum side yard setback shall be: None required.

The minimum rear yard setback shall be ten (10) feet.

Average Lot Width: The average lot width shall not be less than fifty-five (55%) percent of the lot frontage.

Maximum Building Height: The maximum building height shall be thirty (30) feet unless specifically permitted differently elsewhere in this chapter.

Minimum Floor Area: The minimum floor area shall be nine hundred (900) sq. ft.

Maximum Building Coverage: The total maximum building coverage shall be thirty (30%) percent of the lot area.

P-U District. In the P-U (Public Use) District, no building or structure shall be erected, constructed, altered, or used; nor shall any parcel of land be used for any purpose other than the following:

Principal Uses:

Public buildings and uses.

Schools and playgrounds, libraries, museums and art galleries.

Buildings erected for public or quasi-public use by nonprofit corporations or associations.

Parks, athletic fields, noncommercial swimming pools, tennis courts and other public recreation areas.

Noncommercial parking lot.

Conditional Uses:

Telecommunications towers and antennas.

Accessory Uses: Accessory uses normally incidental to any of the above listed principal uses only after review and approval by the Board provided that any building involved must be located so that it complies with all yard and height requirements specified for similar type uses and buildings in related sections of this section.

Signage along the Avalon Boulevard section of the Public Use Zone shall be in compliance with subsection 27-7.2f6.

Bulk Requirements (Principal Uses):

(Note: This includes principal and accessory structures.)

Minimum Lot Area: The minimum lot area shall be ten thousand (10,000) sq. ft.

Minimum Lot Frontage: The minimum lot frontage shall be one hundred (100) feet.

Setbacks:

The minimum front yard setback shall be twenty-five (25) feet.

The total side yard setback shall be twenty (20) feet and the minimum side yard shall be ten (10) feet.

The rear yard setback shall be twenty-five (25) feet.

Maximum Building Height: The maximum building height for any principal structure shall be thirty (30) feet unless specifically permitted differently elsewhere in this chapter.

Maximum Building Coverage: The total maximum building coverage shall be a maximum of twenty-five (25%) percent of the lot area.

P-C District. In the P-C (Public Conservation) District, no building or structure shall be erected, constructed, altered, or used; nor shall any parcel of land be used for any purpose other than the following:

Principal Uses:

Swimming, sunbathing and associated ocean beach uses.

Plant and wildlife observation and educational activities.

Nature walks and rest areas.

Permitted fishing activities.

Other recreational and nature-oriented activities, which in the opinion of the Board are of the same general character as those listed as permitted uses and which in the opinion of the Board will not be detrimental to fragile ecosystems or nearby permitted uses.

Conditional Uses:

None.

Accessory Uses: Accessory Uses normally incidental to any of the above listed principal uses only after review and approval by the Board provided that any such accessory use shall be found by the Board to be of the same general character as those listed as principal uses and which in the opinion of the Board will not be detrimental to fragile ecosystems or nearby permitted uses.

Bulk Requirements:

(Note: This includes principal and accessory structures.)

Minimum Lot Area: The minimum lot area shall be ten thousand (10,000) sq. ft.

Minimum Lot Frontage: The minimum lot frontage shall be one hundred (100) feet.

Minimum Yard Setbacks:

The minimum front yard setback shall be twenty-five (25) feet.

The total side yard setback shall be twenty (20) feet and the minimum side yard shall be ten (10) feet.

The rear yard setback shall be twenty-five (25) feet.

Maximum Building Height: The maximum building height for any principal structure shall be thirty (30) feet unless specifically permitted differently elsewhere in this chapter.

Maximum Building Coverage: The total maximum building coverage shall be two (2%) percent of the lot area.

§ 27-7 ADDITIONAL REGULATIONS.

§ 27-7.1 Conditional Uses.

[Ord. No. 607-2009 § 27-7.1; Ord. No. 695-2014 § 3]

Applicability.

The uses outlined in this section are permitted in various zoning districts in the Borough of Avalon subject to the conditions and standards set forth below.

Only those uses listed in this section as conditional uses shall be considered conditional uses.

Approval of the Board is required for conditional uses.

Each application for a conditional use shall be accompanied by a proposed site plan showing the size and location of the buildings and proposed facilities, including access driveways, parking area and all streets within two hundred (200) feet of the lot.

Any lot for which conditional use approval is granted shall be deemed to be a conforming use in the district in which such use is located, provided that such approval shall affect only the lot or portion thereof for which such use shall have been granted. A conditional use approval shall be valid for one (1) year unless preliminary approval of a site plan for the lot involving the conditional use has been granted, at which time the applicant shall receive the same rights as that provided for preliminary approval of site plans.

Any legally pre-existing use located in a district in which it is listed as a conditional use shall be deemed to be an authorized use on the lot or portion thereof on which such use is located. However, any addition or expansion to such use, or any enlargement or reconstruction of a nonconforming building for such use, shall require the approval of the Board in accordance with the procedures for new conditional uses as established under this section.

Churches: (Places of Worship).

Bulk Requirements:

(Note: This includes principal and accessory structures.)

Minimum Lot Area:

The minimum lot area in the R-2A, R-2B and R-M (Hotel-Motel) Districts shall be fifteen thousand (15,000) sq. ft.

The minimum lot area in the R-1B, R-1C, B-1, B-2 and M-B Districts shall be twenty-two thousand (22,000) sq. ft.

Minimum Lot Frontage:

The minimum lot frontage in the R-1B, R-1C, R-2A, R-2B and R-M (Hotel-Motel) Districts shall be one hundred ten (110) feet.

The minimum lot frontage in the B-1, B-2 and M-B Districts shall be: None required.

Minimum Yard Setbacks:

The minimum front yard setback in the R-1B, R-1C, R-2A, R-2B, R-M (Hotel-Motel), M-B, B-1 Districts shall be twenty-five (25) feet. The minimum front yard setback in the B-2 District shall be thirty (30) feet.

The minimum total side yard setback in the R-1B, R-1C, R-2A, R-2B Districts shall be forty (40) feet. The minimum total side yard setback in the R-M (Hotel-Motel), B-1, B-2 and M-B Districts shall be: None required.

The minimum side yard setback shall be fifteen (15) feet.

The minimum rear yard setback shall be twenty-five (25) feet.

Average Lot Width: The average lot width shall not be less than fifty-five (55%) percent of the lot frontage.

Maximum Building Height: The maximum building height shall be thirty (30) feet unless specifically permitted differently elsewhere in this chapter.

Maximum Coverage: The maximum coverage shall be thirty (30%) percent of the lot area.

Public Libraries.

Bulk Requirements:

(Note: This includes principal and accessory structures.)

Minimum Lot Area:

The minimum lot area in the P-U and M-B Districts shall be ten thousand (10,000) sq. ft.

The minimum lot area in the R-1B, R-1C, B-1 and B-2 Districts shall be twenty-two thousand (22,000) sq. ft.

Minimum Lot Frontage:

The minimum lot frontage in the R-1B, R-1C Districts shall be one hundred ten (110) feet.

The minimum lot frontage in the P-U and M-B Districts shall be one hundred (100) feet.

The minimum lot frontage in the B-1 and B-2 Districts shall be: None required.

Minimum Yard Setbacks:

The minimum front yard setback in the R-1B, R-1C, B-1, P-U and M-B Districts shall be twenty-five (25) feet. The minimum front yard setback in the B-2 District shall be thirty (30) feet.

The minimum total side yard setback in the R-1B and R-1C Districts shall be forty (40) feet. The minimum total side yard setback in the B-1 and B-2 Districts shall be: None required. The minimum total side yard setback in the P-U and M-B Districts shall be twenty (20) feet.

The minimum side yard setback in the R-1B and R-1C Districts shall be eight (8) feet. The minimum side yard setback in the B-1 and B-2 Districts shall be fifteen (15) feet. The minimum side yard setback in the P-U and M-B Districts shall be ten (10) feet.

Average Lot Width: The average lot width shall not be less than fifty-five (55%) percent of the lot frontage.

Maximum Building Height: The maximum building height shall be thirty (30) feet unless specifically permitted differently elsewhere in this chapter.

Maximum Coverage: The maximum coverage shall be thirty (30%) percent of the lot area.

Public and Private Schools.

Bulk Requirements:

(Note: This includes principal and accessory structures.)

Minimum Lot Area:

The minimum lot area in the P-U and M-B Districts shall be ten thousand (10,000) sq. ft.

The minimum lot area in the R-1B, R-1C, B-1 and B-2 Districts shall be twenty-two thousand (22,000) sq. ft.

Minimum Lot Frontage:

The minimum lot frontage in the R-1B and R-1C Districts shall be one hundred ten (110) feet.

The minimum lot frontage in the P-U and M-B Districts shall be one hundred (100) feet.

The minimum lot frontage in the B-1 and B-2 Districts shall be: None required.

Minimum Yard Setbacks:

The minimum front yard setback in the R-1B, R-1C and B-1 Districts shall be twenty-five (25) feet. The minimum front yard setback in the B-2 District shall be thirty (30) feet.

Average Lot Width: The average lot width shall not be less than fifty-five (55%) percent of the lot frontage.

Maximum Building Height: The maximum building height shall be thirty (30) feet unless specifically permitted differently elsewhere in this chapter.

Maximum Coverage: The maximum coverage shall be thirty (30%) percent of the lot area.

Hospitals and Nursing Homes.

Bulk Requirements:

(Note: This includes principal and accessory structures.)

Minimum Lot Area: The minimum lot area shall be forty thousand (40,000) sq. ft.

Minimum Lot Frontage: The minimum lot frontage shall be two hundred twenty (220) feet.

Minimum Yard Setbacks:

The minimum front yard setback shall be fifty (50) feet.

The minimum total side yard setback shall be: None required.

The minimum side yard setback shall be fifty (50) feet.

The minimum rear yard setback shall be twenty-five (25) feet.

Average Lot Width: The average lot width shall not be less than fifty-five (55%) percent of the lot frontage.

Maximum Building Height: The maximum building height shall be thirty (30) feet unless specifically permitted differently elsewhere in this chapter.

Maximum Coverage: The maximum coverage shall be thirty (30%) percent of the lot area.

(Reserved)

Multiple-Dwelling Units.

Multiple-dwelling units shall be permitted, provided that the following requirements are complied with:

Each apartment shall have a minimum floor area of seven hundred (700) square feet.

There shall be a maximum of twelve (12) dwelling units per structure. There shall be a minimum of two thousand one hundred seventy-eight (2,178) square feet of land for each dwelling unit. Multiple-dwelling structures shall not cover more than fifty (50%) percent of the area of the parcel of land upon which erected.

On lots containing a bulkhead, the bulkhead shall be considered the rear property or lot line. Of the required rear yard area, eight (8) feet may be used for the required second means of egress.

When two (2) or more multiple-dwelling buildings are to be erected on one (1) site, the minimum separation between any two (2) such structures shall be twenty (20) feet at any point, except for the overhanging of eaves, and where two (2) adjacent structures are each designed for less than twelve (12) dwelling units, the owner may seek relief from this twenty (20) foot requirement by due application to the Board in the course of obtaining site plan approval.

Townhouses.

Bulk Requirements:

Minimum Lot Area: The minimum lot area shall be two thousand (2,000) sq. ft.

Minimum Lot Frontage: The minimum lot frontage shall be: None required.

Minimum Yard Setbacks:

The minimum front yard setback shall be fifteen (15) feet.

The minimum total side yard setback shall be twenty (20) feet with a minimum ten (10) feet side yard setback for each structural unit.

The minimum rear yard setback shall be twenty (20) feet. On lots where there is a bulkhead the bulkhead shall be considered the rear property or lot line for zoning purposes. Of the required twenty (20) feet of minimum depth, eight (8) feet may be used for a second means of egress.

There shall be a minimum of two (2) and a maximum of four (4) dwelling units per structure. There shall be a minimum of two thousand (2,000) square feet of land for each dwelling unit. Each unit shall not cover more than seventy (70%) percent of the area of its own fee simple lot. The multiple-unit structure shall not cover more than fifty (50%) percent of the parcel of land upon which it is erected.

No building or structure shall exceed thirty (30) feet in height.

Minimum Floor Area (Square Feet)	Type of Unit
1,000	2-bedroom
1,150	3-bedroom
1,400	4-bedroom
1,550	5-bedroom

General Requirements.

Any applicant desiring to subdivide property for townhouse residential construction in accordance with the provisions of this chapter may apply to the Board for a subdivision under the following requirements. The Board shall examine each request to determine whether it meets the following minimum standards and specifications:

Only those applicants having received site plan approval in accordance with the provisions of Avalon's Zoning Regulations or those applicants applying for simultaneous approval may apply for subdivisions under the requirements of this subsection.

Land subdivisions shall be considered only for property upon which townhouse dwelling units are situated, as indicated on the approved site plans in accordance with the definition of townhouse as specified in this chapter.

If it is determined by the Board that the proposed development conforms to the criteria established for fee simple townhouse developments, the following improvements will be allowed: All requirements, specifications, details and conditions of the approved site shall remain in full force except as these may be modified pursuant to the Board's review of the proposed subdivision.

Each dwelling unit shall be provided with separate suitable underground utilities.

All townhouse dwelling units shall be in line of at least two (2) and not more than four (4) connected dwelling units.

Each dwelling unit shall be compatibly designed in relation to all other units but distinct by such design features as width, setback, roof design, color, exterior materials and other features, singularly or in combination.

Each dwelling unit may be a maximum of three (3) stories in height.

Commercial Tennis Courts.

Bulk Requirements:

Minimum Lot Area: The minimum lot area shall be five thousand (5,000) sq. ft.

Minimum Lot Frontage: The minimum lot frontage shall be fifty (50) feet.

Minimum Yard Setbacks: None required.

General Requirements:

No artificial lighting shall be permitted, except on Borough owned tennis courts.

All tennis courts shall be fenced for the entire perimeter.

New fence material shall be metal. The use of barb, strand or chicken wire is specifically prohibited. Woven mesh of the type known as "chain link" must be used.

Fencing shall be ten (10) feet in height above ground level and shall enclose the entire outside circumference of the tennis court or courts. Gates made of chain link for ingress and egress are permitted.

Fencing must be set back at least eight (8) feet from each property line, front, side and rear, unless the court is adjacent to and contiguous with a dwelling owned by the owners of the tennis court, in which case there shall be no front and rear setback requirements and the eight-foot side setback requirements shall apply only to that side property line which is most distant from the dwelling house.

Repair Garages and Automobile Service Stations.

Bulk Requirements:

(Note: This includes principal and accessory structures.)

Minimum Lot Area: The minimum lot area shall be five thousand (5,000) sq. ft.

Minimum Lot Frontage: The minimum lot frontage shall be fifty (50) feet.

Setbacks — Other:

The minimum front yard setback is ten (10) feet.

The minimum side yard setback is zero (0) feet.

The minimum rear yard setback is twenty-five (25) feet.

Maximum Building Height: The maximum building height for any principal structure shall be thirty (30) feet unless specifically permitted differently elsewhere in this chapter.

Minimum Floor Area: The minimum floor area shall be nine hundred (900) sq. ft.

Maximum Coverage: The maximum building coverage shall be thirty (30%) percent of the lot area.

The maximum impervious coverage shall be eighty (80%) percent of the lot area.

General Requirements:

No repair work is performed out-of-doors.

Pumps, lubricating or other devices shall be located at least twenty (20) feet from any street or highway right-of-way.

All fuel, oil or similar substances shall be stored at least thirty-five (35) feet distant from any street or lot line.

All automobile parts, dismantled vehicles and similar articles shall be stored within a building.

In no case shall there be any residential use associated with a repair garage and automobile service station.

Convenience stores and automobile washes as accessory uses only are permitted to be located on the same parcel as repair garages and automobile service stations.

Repair garages and automobile service stations shall only be located on Ocean Drive with at least fifty (50) feet of frontage on Ocean Drive.

Wireless Telecommunication Towers and Antennas.

See Ordinance No. 469-1999.

Amusement Games.

Amusement games are permitted only under the conditions set forth in Chapter 10, Licenses and Permits, of the Borough Code.

Second and Third Story Residential.

The bulk requirements shall adhere to the requirements of the zone.

Density requirements include:

Residential uses are permitted at a density of one (1) unit per two thousand seven hundred fifty (2,750) square feet of total lot area.

The habitable area of residential use on each of the second and third floors shall be no greater than the gross leaseable area of the non-residential use located on the first floor. Balconies, decks, porches and open, common stairs are not considered in the calculation of the residential habitable area. Semi-enclosed parking, residential storage and refuse areas, common stairs, ramps and other common areas, shall not be included in the calculation of the gross leaseable area.

The total residential habitable area on the second and third floors combined shall not be greater than seventy-five (75%) percent of the lot area.

No principal structure shall be constructed closer than twenty-five (25) feet to any residential zone boundary.

In no case shall any residential unit be located on the first floor, and in every case any residential uses shall be located over a commercial use. No habitable floor area or decks shall be permitted to cantilever or overhang the floor below, except for balconies less than twenty (20) square feet in area, which may extend up to three (3) feet from the building, but may not encroach into the right-of-way.

No residential use shall be permitted to be located over the following commercial structures or uses: repair garages, automobile service stations, commercial parking lots, or commercial parking structures on Dune Drive. Residential semi-enclosed parking areas can be located within a building, but may take up no more than twenty-five (25%) percent of the first floor area. The first floor area is measured along the outside perimeter of all exterior walls, and includes all enclosed interior building areas, and semi-enclosed parking areas where provided.

Any one (1) commercial or residential unit shall have a minimum one thousand (1,000) square feet of floor area.

Parking shall be in accordance with the requirements of this chapter for commercial uses and residential uses.

Parking shall be buffered and completely screened from adjacent residential districts by a minimum five (5) foot wide planted strip and six (6) foot high fencing. Vehicle parking may overhang into the buffer, but not more than two (2) feet. A nuisance buffer planting shall be provided in this area in accordance with subsection 26-7.10 entitled Landscaping.

Bays of semi-enclosed parking shall not exceed forty (40) feet in length, or eighty (80%) percent of the first floor façade area, and shall be spaced a minimum of ten (10) feet apart by an area of building facade in the same plane as the second floor facade.

No stairs accessing second or third floor residential units or decks shall be located in any front yard.

Convenience Stores, Supermarkets and Drugstores.

Bulk Requirements (Principal Uses):

Minimum Lot Area: The minimum lot area shall be five thousand (5,000) sq. ft.

Minimum Lot Frontage: The minimum lot frontage shall be fifty (50) feet.

Setbacks:

The minimum front yard setback is ten (10) feet.

The minimum side yard setback is zero (0) feet.

The minimum rear yard setback is twenty-five (25) feet.

The maximum building height for any principle structure shall be thirty (30) feet unless specifically permitted differently elsewhere in this chapter.

The minimum floor area shall be nine hundred (900) sq. ft.

On Dune Drive there shall be no development which provides parking within the front yard setback. All off street parking shall be located in the rear yard.

On Dune Drive, loading areas shall be located in the rear yard.

On Ocean Drive, parking areas may be located in the front yard.

On Ocean Drive, loading areas shall be located in the side or rear yards.

The maximum floor area of any convenience store, drug store or supermarket shall be no greater than fifteen thousand (15,000) sq. ft.

The window area shall be at least fifty (50%) percent but no more than seventy-five (75%) percent of the entire first floor facade, facing Dune or Ocean Drive. It is recommended that window openings and window display space be provided along the entire street frontage in a rhythmic manner.

§ 27-7.2 Accessory Uses.

[Ord. No. 607-2009 § 27-7.2; Ord. No. 635-2010 § 3; Ord. No. 642-2011 § 2; Ord. No. 689-2013; Ord. No. 695-2014 § 3; Ord. No. 703-2014 § 4; Ord. No. 709-2014; Ord. No. 730-2015 § 1; amended 6-14-2023 by Ord. No. 865-2023]

Private Garages, Cabanas, Sheds, Pergolas and Other Accessory Uses and Structures.

Bulk Requirements:

Minimum Front Yard: Garages and other accessory structures are not permitted in front yard areas. (Exception see subsection 27-7.2a2(d)).

Minimum Side and Rear Yard: The minimum side yard setback shall be five (5) feet and the minimum rear yard setback shall be eight (8) feet. (Exception: Sheds which are sixty (60) sq. ft. or less in area, and eight (8) feet or less in height may have a rear yard setback of five (5) feet.)

Corner Lots: Detached garages and other accessory buildings shall not be located nearer to the sideline than requirements for the principal building.

All accessory structures must be at least eight (8) feet from the principal structure except as in subsection 27-7.2c2(b).

The maximum height of garages shall be fifteen (15) feet to the peak of the roof measured from the lowest grade adjacent to the structure. The maximum size shall comply with paragraph (i)(1) below.

The maximum height of cabanas, sheds, gazebos, and pergolas shall be no greater than twelve (12) feet to the peak of the roof, measured from the lowest grade adjacent to the structure. The maximum size shall comply with paragraph (i)(2) below.

Garages, cabanas, and sheds must have a minimum average roof pitch of 4:12 and should be consistent with the roof pitch of the dwelling.

It is encouraged that the architectural style, materials, colors, and detailing of these structures match those of the principal building.

One accessory building per lot is permitted, in excess of the maximum building coverage, in single-family and two-family residential zones, in the rear yard only (Exception: see Subsection 27-7.2a2(c) in accordance with the following: all structures are still considered in the floor area ratio calculation with the exception of open gazebos, pergolas and pavilions).

[Amended 6-23-2021 by Ord. No. 821-2021]

Detached garages are permitted pursuant to the following:

Garages must have an interior area measuring at least ten (10) feet by eighteen (18) feet.

The driveway shall extend the full distance to the garage from the street.

The ability of a vehicle to access the garage shall be fully demonstrated to the Zoning Officer.

The on-site parking for the dwelling unit exceeds the chapter requirement by at least one (1.0) space.

[e]

All detached garages shall comply with the following schedule:

Lot Width (linear feet)	Accessory Garage Maximum Building Area (square feet)
40-49	200
50-59	250
60-99	300
100+	450

Sheds, cabanas, gazebos and pergolas are permitted pursuant to the following:

The on-site parking for the dwelling unit exceeds the chapter requirement by at least one (1.0) space.

The structure does not exceed one hundred twenty (120) square feet in area.

Additional or larger accessory buildings are permitted, however they shall count as building coverage to the extent that they exceed the above limits.

General Requirements:

No accessory structure shall have cooking or toilet facilities installed therein and may not be used for dwelling purposes.

On interior lots which front on two (2) or more streets, no detached garage or other accessory building shall be erected so as to occupy any part of the quarter of the lot nearest the street.

All accessory structures shall be located entirely in the rear yard when lots are more than seventy-five (75) feet deep. Detached garages may extend up to three (3) feet past the rear yard line, toward the front line, where the accessory building setback is increased to eight (8) feet.

Bay front lots may utilize the street side for detached garages or other accessory structures.

Private Tennis Courts.

Private tennis courts are permitted as an accessory use subject to the following guidelines.

No artificial lighting shall be permitted.

All courts shall be fenced for the entire perimeter.

New material shall be metal. The use of barb, strand or chicken wire is specifically prohibited. Woven mesh of the type known as "chain link" is permitted if vinyl-coated.

Fencing shall be ten (10) feet in height above ground level and shall enclose the entire perimeter of the tennis court or courts. Gates made of chain link for ingress and egress are permitted.

Fencing must be set back at least eight (8) feet from each property line, side and rear, unless the court is adjacent to and contiguous with a dwelling owned by the owners of the tennis court, in which case there shall be no front and rear setback requirements and the eight-foot side setback requirements shall apply only to that side property line which is most distant from the dwelling house.

Public tennis courts are not considered as accessory uses.

Pools.

Bulk Requirements:

Aboveground Pools: All aboveground pools shall be setback a minimum of nine (9) feet from rear and side property lines.

All aboveground pools shall have a minimum height of twenty-four (24) inches and a maximum height of forty-eight (48) inches measured from the final property grade to the highest point of the exterior wall.

Onground Pools: Onground pools shall be permitted only on lots contiguous to the bulkhead or mean high water line.

All onground pools shall have a minimum side yard setback of nine (9) feet and a minimum rear yard setback of fifteen (15) feet.

All onground pools shall have a maximum height of eighteen (18) inches measured from the final property grade to the highest point of the exterior pool wall. Onground pools may not be higher than decks as permitted under subsection 27-7.3s.

Inground Pools. Inground pools, swimming pool equipment, including pumps, filters and heaters, shall be located not less than nine (9) feet from the rear and side property lines.

All inground pools shall be level with the final property grade, however, the coping shall not extend more than two (2) inches above the final grade.

Setbacks for inground pools shall be measured from the property line to the water's edge of the pool.

Hot Tubs: All hot tubs shall be set back a minimum of nine (9) feet from the rear and side property lines. On properties contiguous to the bulkhead or mean high water line, hot tubs shall be setback fifteen (15) feet from the rear lot line.

Hot tubs may be located at grade or on any conforming deck, terrace or patio. However hot tubs may not occupy front yard decks, terraces or patios.

Spas: All spas shall be setback a minimum of nine (9) feet from the rear and side property lines. On properties contiguous to the bulkhead or mean high water line, spas shall be setback fifteen (15) feet from the rear lot line.

All spas shall have a maximum height of eighteen (18) inches above the final grade.

Nonresidential Pool Standards:

Nonresidential pools are permitted in all yard areas.

Nonresidential pools shall have a setback of fifteen (15) feet from all property lines.

Nonresidential pool equipment shall be located fifteen (15) feet from all property lines.

Nonresidential pools shall provide a four (4) foot wide planted landscape buffer from adjoining properties and street sides.

No nonresidential pool shall be above ground or onground. Nonresidential pools shall be inground pools only.

General Requirements:

No pool, hot tub or spa shall be located in the front yard.

All pools may have a zero (0) foot setback to decks attached to the principal structure.

All equipment such as pumps, filters and heaters shall be setback a minimum of nine (9) feet from the rear yard and nine (9) feet from the side yards.

In-ground and aboveground pools shall provide a four-foot-wide planted, uninterrupted landscape buffer on the rear and side yards. A rear buffer shall not be required on any lot which is contiguous to the bulkhead or mean high water line.

[Amended 4-28-2021 by Ord. No. 819-2021]

On-ground pools shall provide a four-foot-wide planted, uninterrupted landscape buffer on the sides only.

The intention of the foregoing amendment is to establish a uniform buffer for all swimming pools – inground, above ground, onground, residential and nonresidential alike.

[Amended 4-28-2021 by Ord. No. 819-2021; 6-14-2023 by Ord. No. 865-2023]

Any pool located on a lot contiguous to the bulkhead or mean high water line shall be set back nine feet from the side lot line and seven feet from the rear lot line. Any pool located on the oceanfront shall have a setback of nine feet from the side and rear lot lines and 15 feet from the Dune Line.

[Amended 4-28-2021 by Ord. No. 819-2021]

All decorative pool features such as spillways, water falls, fountains or water spouts shall have the same setback as the pool. These features shall have a maximum height of eighteen (18) inches above the finished grade.

All construction related to a new or existing pool in the Borough of Avalon shall be in compliance with all the provisions of this chapter and other applicable laws.

All drawings and plans for the construction, installation, enlargement or alteration of any pool and appurtenances shall first be submitted to the Zoning Officer and Construction Official for examination and approval. It shall be unlawful to proceed with the construction, installation, enlargement or alteration of any pool without first obtaining permits from the Zoning Officer and Construction Official.

All plans shall be prepared by a New Jersey licensed professional engineer or architect, and drawings shall be drawn to a scale of not less than one inch equals ten feet (1"=10').

The pool application plan shall accurately show and dimension the property lot line location and all existing and proposed site structures, including principal and accessory buildings, decks, walks, patios, fences, pumps, pool equipment, decorative pool features as well as impervious coverage calculations. The plan shall show the elevation or height above final property grade of all pool features. All information pertaining to the pool including water supply system, drainage and disposal systems for the filtration unit; decks, walks and fence locations and all appurtenances pertaining to the pool, hot tub or spa must be provided and shall be in accordance with the Building Code (UCC).

All proposed pools shall comply with subsection 27-7.3u, the Storm Water Management section of this chapter.

(m)

Fences: All outdoor pools shall be completely enclosed by a fence as required by the construction code. All fences shall comply with subsection 27-7.3c.

(n)

(Reserved) Deleted by Ord. No. 730-2015 § 1.

(o)

Any pool discharge shall require a permit and the applicable fee. A minimum of three (3) working days notice, not to include Saturday, Sunday or a holiday, shall be given to the Inspection Department of a discharge.

(p)

(Reserved) Deleted by Ord. No. 730-2015 § 1.

(q)

Disinfection: Equipment shall be provided for the disinfection of all pool water. The disinfectant shall be introduced into the recirculation system ahead of the filters.

(r)

Any nonresidential pool shall be required to obtain site plan approval from the Board before commencement of construction, installation, enlargement or alteration.

Private Docks. Where permitted by the Zoning Ordinance private docks may be constructed subject to all appropriate local, County, State and Federal regulations. (See subsection 27-7.3h.)

Off-Street Parking.

Space Requirements: Off-street parking areas in amounts specified hereafter, unless otherwise exempt, shall be provided in connection with any use or main building instituted after February 1, 1979. All residential, public and institutional uses, motels and hotels shall provide required parking area on the same lot with the principal use. Accessible parking shall be provided as required by the NJ Barrier-Free Sub-code, which parking shall be provided on all site plan applications. Off-street parking spaces shall be provided and satisfactorily maintained by the owner or lessor as follows:

Auditoriums, Stadiums, Theaters or Other Places of Public Assembly: at least one (1) space for each five (5) persons based on use group and occupancy load as established by the Uniform Construction Code.

Parking Requirements for Residential Land Uses:

[Ord. No. 709-2014]

Housing Unit Type and Size (2)	Parking Requirement
One or two-family detached or attached
2 Bedroom	1.5
3 Bedroom	2.0
4 Bedroom	2.5 (3)
5 Bedroom	3.0
Garden Apartment
1 Bedroom	1.8
2 Bedroom	2.0 (3)
3 Bedroom	2.1
Townhouse
2 Bedroom	2.3 (3)
3 Bedroom	2.4

Source: Table 4.4 (Residential Site Improvement Standards)

When determination of the required number of parking spaces results in a fractional space for the entire development, any fraction less than one-half (1/2) may be disregarded, while a fraction equal to or in excess of one-half (1/2) or more shall be counted as one (1) parking space.

Requirements for attached units (apartment/condominium/ townhouse) include provisions for guest parking.

If applicant does not specify the number of bedrooms per unit, this parking requirement shall apply.

For residential uses, each off-street parking space shall measure nine (9) feet in width by eighteen (18) feet in length.

For one or two family detached or attached development or townhouses, every bedroom over five (5) bedrooms shall require one (1) additional off-street parking space.

Garage and driveway combinations shall be counted as follows:

Each garage car space shall be counted as one (1) off-street parking space, regardless of the dimensions of the driveway.

A one-car garage and driveway combination shall count as two (2) off street parking spaces, provided the driveway measures a minimum of eighteen (18) feet in length between the face of the garage door and the right-of-way.

A two-car garage and driveway combination shall count as three and one-half (3.5) off-street parking spaces, provided a minimum parking area width of twenty (20) feet is provided for a minimum length of eighteen (18) feet as specified for a one-car garage and driveway combination.

Hospitals or Nursing Homes: at least one (1) parking space for each two (2) patient accommodations.

Hotels or Motels: at least one (1) space for each unit with additional spaces as required for permitted auxiliary business or public assembly uses. If such parking space is located along the length or side of the motel building, a minimum unobstructed distance of eighteen (18) feet measured from the property line shall be provided for parking automobiles with facilities being made to provide access to such parking.

Rooming, Boarding and Tourist Homes: at least one (1) space for each rental room.

Convenience Stores and Supermarkets: a minimum of one (1) off-street parking space for each two hundred (200) square feet of gross floor area.

Fast Food Restaurants: a minimum of one (1) off-street parking space for each two hundred (200) square feet of gross floor area.

Commercial uses: at least one parking space for each 500 square feet of floor area.

[Amended 4-28-2021 by Ord. No. 819-2021]

Rear yard setback areas may be utilized for off street parking.

Marina: a minimum of 0.6 off-street parking space for each boat slip or personal watercraft dock.

[Added 4-28-2021 by Ord. No. 819-2021]

Curbing and Parking Access Standards:

[Amended by Ord. No. 497-2001]

Curbs cuts (driveways) shall be constructed to Borough specifications.

The minimum distance between any curb cut (driveway) and the closest curbline of an intersecting street shall be thirty-five (35) feet.

Any adjustment to utility poles or other public improvements necessitated by any curb cut (driveway) shall be accomplished without cost to the Borough.

When a zoning permit or certificate of occupancy has been issued for a building or use with designated off-street parking, said off-street parking cannot be altered, reduced or eliminated thereafter unless approved by the Zoning Officer for single-family dwellings and two-family dwellings. All other buildings or uses including single-family and two-family dwellings, which are the subject of a Board action cannot be altered, reduced or eliminated thereafter unless approved by the Board.

Curb cuts (driveways) widths shall be measured at the curbline. Curb cut (driveway) widths constructed with radii shall be measured at the point of tangency along the curbline.

Curb cuts (driveways) for other than single-family dwellings or two-family dwellings are subject to Board review.

Single-Family Dwelling:

Frontage on one (1) improved street:

One (1) curb cut (driveway) with a maximum width of twenty (20) feet and a minimum width of twelve (12) feet.

Frontage on More Than One (1) Improved Street: Maximum two (2) curb cuts (driveways), each curb cut (driveway) on a different street. One (1) curb cut (driveway) with a maximum width of twenty (20) feet and a minimum width of twelve (12) feet and one (1) curb cut (driveway) with a width of twelve (12) feet.

Two-Family Dwelling:

Frontage on One (1) or More Improved Streets: One (1) curb cut (driveway) with a width of twenty-nine (29) feet. The curb cut (driveway) can be located on any of the improved street frontage(s). The curb cut (driveway) shall be located a minimum of ten and one-half (10.5) feet from the adjoining property line(s).

Where a street and/or curbs and sidewalks are proposed to be reconstructed by the Borough, the design shall be based upon the provisions of this chapter, but shall consider the reconstruction of existing curb cuts which result in an increased parking yield, either on street, on site, or both. Adjustments may be made to the existing curb cut locations and dimensions to achieve additional on street parking while still providing access to individual driveways.

Whenever such adjustments shall be proposed by the Borough, notice of same (the notice), shall be provided to each owner on the block by the Borough Engineer by certified mail or by personal service at least ninety (90) days prior to commencement of such reconstruction. Any property owner(s) impacted by the proposed reconstruction shall have the right to an informal hearing with the Borough Engineer. Such informal hearing shall be requested, in writing, within thirty (30) days of receipt of the notice. Requests for such informal hearings shall be filed with the Secretary of the Board. Such informal hearing shall thereafter be scheduled promptly. The Borough Engineer shall issue a written decision at the conclusion of the hearing. A copy of that decision shall be filed with the Secretary of the Board. Any property owner may thereafter appeal such decision of the Borough Engineer in accordance with the procedure established in the following section.

SIGN, "A" FRAME, (OR SANDWICH SIGN)

Pursuant to N.J.S.A. 40:55D-25 the Borough Council hereby designates and assigns to the Board the duty and responsibility of hearing and deciding all appeals arising from the preceding section dealing with decisions of the Borough Engineer and appeals there from. Following receipt of a written decision of the Borough Engineer any property owner aggrieved by such decision may appeal to the Board. Any appeal must be filed with the Secretary of the Board within thirty (30) days of receipt of the Borough Engineer's written decision.

Signs. The purpose of this paragraph is to promote and protect the public health, safety, and welfare. As such, it will provide a more attractive residential and commercial climate within all areas of the Borough. This code is intended to create a more attractive business climate by further enhancing the streetscape improvement project undertaken by the community. This code seeks to enhance and protect the physical appearance of all areas by reducing the obstructions and hazards to pedestrian and auto traffic caused by indiscriminate placement and use of signs.

Definitions:

AWNING AND CANOPY

A temporary or portable roof-like covering that projects from the wall of a building for the purpose of shielding openings from the elements.

BANNER SIGN

Any sign intended to be hung either with or without frames, possessing characters, letters, illustrations, or ornamentation applied to paper, plastic, or fabric of any kind. National flags, flags of political subdivisions, and symbolic flags of any holiday, season, affiliation, institution, or business shall not be considered banners for the purpose of this chapter.

BEACON LIGHTS

Any light with one (1) or more beams, capable of being directed in any direction or directions or capable of being revolved automatically.

HOLIDAY DECORATION SIGN

Temporary signs, in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local, or religious holiday or observance.

IDENTIFICATION SIGN

A sign giving the nature, logo, trademark or other identifying symbol; address; or any combination of the name, symbol and address of a building, business, development, or establishment on the premises where it is located.

ROOF LINE

The juncture of the roof and the perimeter wall of the structure.

SIGN

Any object, device, display or structure, or part thereof, visible from the street or from any other property, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figure, design, symbols, fixtures, colors, illumination or projected images.

SIGNABLE FACADE AREA

The rectangular, continuous area on the wall of a building, which extends from the top line of windows and doors on the first floor, and the bottom line of the second floor windows, roof, or cornice above, in an area that is uninterrupted by windows, architectural details, or openings.

A portable sign capable of standing without support or attachment, which when viewed perpendicular to the message, resembles the shape of the letter "A."

SIGN, ANIMATED OR MOVING

Any sign or part of a sign, which changes physical position by any movement, or rotation or which gives the visual impression of such movement or rotation.

SIGN AREA

The area of a sign which is computed by multiplying the greatest width of the sign face by the greatest height of the sign face. The sign area shall include the sign face and any framing, trim or molding, but shall not include the supporting structure. See Signable Facade Area.

SIGN, AWNING

A sign that is mounted to, painted on, or attached to an awning that is otherwise permitted by this chapter.

SIGN, BENCH

A sign painted on, located on or attached to any part of the surface of a bench, seat, or chair placed on or adjacent to a public place or roadway.

SIGN, BILLBOARD

A sign which contains a commercial message and which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

SIGN, BUS SHELTER

A sign which contains a commercial message and which directs attention to a business, commodity, service or entertainment conducted, sold, or offered at a location other than the bus stop or bus shelter on which the sign is located.

SIGN, CANOPY

A sign that is mounted to or painted on, or attached to a canopy that is otherwise permitted by this chapter.

SIGN, CHANGEABLE COPY

A sign that is designed so that characters, letters, or illustrations can be changed or rearranged without altering the face of or the surface of the sign. The only portions of the sign exempted from the prohibition on flashing are the areas or portion that display time and temperature.

SIGN, COMMUNITY INFORMATION

A sign which contains messages of civic groups, churches or places of worship, and local special events which directs attention to a church or place of worship, facility, event, club, or organization.

SIGN, CONSTRUCTION

A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of architects, engineers, landscape architects, contractors, or similar artisans, and the owners, financial supporters, sponsors, and similar individuals, or firms having a role or interest with respect to the structure or project.

SIGN, DIRECTIONAL AND INFORMATIONAL

Signs limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance," and "exit." Window signs such as those that indicate hours of operation, credit card acceptance, and business affiliations are considered as informational signs. No sign with a commercial message legible from a position on the street shall be considered directional or informational.

SIGN, DIRECTORY

Signs listing the tenants or occupants of a building or group of buildings. The respective professions or business activities may also be included as part of the sign.

SIGN, FACADE

See Sign, Wall.

SIGN FACE

The area or display surface used for the message.

SIGN, FREESTANDING

Any immovable sign not affixed to a building.

SIGN, HOME OCCUPATION

A sign containing only the name and occupation of a permitted home occupation.

SIGN, ILLUMINATED

A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign.

SIGN, INFLATABLE

Any display or object capable of being expanded by air or other gas and used on a permanent or temporary basis to advertise a product or event.

SIGN, MARQUEE

A sign that is mounted, or painted on, or attached to a marquee that is otherwise permitted by this chapter.

SIGN, MEMORIAL OR NAMEPLATE

Memorial signs or tablets, names of building and date of erection when cut into any masonry surface, integral to the construction of a building, or when constructed of bronze or other incombustible material mounted on the face of a building, bench or other structure.

SIGN, NEIGHBORHOOD IDENTIFICATION

Signs which identify any type of housing development, by name.

SIGN, NONCONFORMING

Any sign that does not conform to the regulations of this chapter.

SIGN, OFF-PREMISE

See Sign, Billboard.

SIGN, OPEN HOUSE

An on-premises sign which identifies that a realtor or homeowner is conducting an "open house" at that residence pursuant to a permit and under conditions set forth under subsection 27-7.2f2(b)(13).

SIGN, OPEN HOUSE DIRECTIONAL

An off-premises sign directing the public to a residence where a realtor or homeowner is conducting an "open house" pursuant to a permit and under conditions set forth under subsection 27-7.2f2(b)(13).

SIGN, POLITICAL

A temporary sign announcing or supporting political candidates or issues in connection with any national, State or local election.

SIGN, PORTABLE

A sign that is not permanent, affixed to a building, structure or the ground such as an "A" frame, sandwich, or swinger sign.

SIGN, PROJECTING

A sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12) inches from such building.

SIGN, REAL ESTATE

A sign pertaining to the sale, rent or lease of the premises, or a portion of the premises, on which the sign is located.

SIGN, RESIDENTIAL

A sign located in a district zoned for residential purposes that does not contain any commercial message except for goods or services legally offered on the premises on which the sign is located. See Sign, Home Occupation.

SIGN, ROOF

A sign mounted on or above the roof of a building. A sign that projects above the top walk or edge of a building with a flat roof, above the eave line of a building with a gambrel, gable, mansard or hip roof.

SIGN, SPECIAL EVENT

Any sign sponsored by the Federal, State, County or local government and any sign sponsored by an agency, nonprofit group, public fundraising event required to notify the organizers, participants or general public of an event, parade route or other route such as a run or walk for charity or other semi-public or public purpose.

SIGN, STREET BANNER

Any banner sign which is stretched across and hung over a public right-of-way.

SIGN, SUSPENDED

A sign hanging down from a marquee, awning, canopy, porch, or roof overhang that would otherwise exist without the sign.

SIGN, SWINGER

A portable sign capable of standing without support or attachment, which when viewed perpendicular to the message, resembles the shape of the letter "T," inverted. In no case shall swinger signs be permitted to actually swing.

SIGN, TEMPORARY

A sign constructed of paper, cloth, canvas, plastic, plywood, or other lightweight material intended to be displayed for a short period of time, normally less than thirty (30) days.

SIGN, TIME AND TEMPERATURE

A sign or a portion of a sign whose sole purpose is to indicate the time and/or temperature.

SIGN, VEGETATIVE

A sign affixed to ground plane or vegetation to identify the vegetation and/or commemorate a person or event.

SIGN, WALL

A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign and which does not project more than six (6) inches from such building, or structure.

SIGN, WINDOW

A sign that is applied to or attached to the exterior or interior of a window or located in such manner within a building that it can be seen from the exterior of the structure through a window.

SIGN, "YARD SALES"

An on-premises sign which identifies that an owner/tenant is conducting a "yard sale" which means: all general sales open to the public conducted from or on a premises for the purpose of disposing of personal property, including but not limited to all sales entitled yard, lawn, garage, attic, porch, room, flea market, tag, trunk, estate, or rummage sale, at that residence pursuant to a permit and under conditions set forth under subsection 27-7.2f2(b)(14). Official, governmental or charitable sales are excluded.

SIGN, "YARD SALES, DIRECTIONAL"

An off-premises sign directing the public to residence where an owner/tenant is conducting a "yard sale" which means: all general sales open to the public conducted from or on a premises for the purpose of disposing of personal property, including but not limited to all sales entitled yard, lawn, garage, attic, porch, room, flea market, tag, trunk, estate, or rummage sale, at that residence pursuant to a permit and under conditions set forth under subsection 27-7.2f2(b)(14). Official, governmental or charitable sales are excluded.

STREAMERS/PENNANTS

A temporary group of small decorative flags strung on a flexible cord or string designed to attract attention to the property for open house purposes.

Approvals Required:

Each application for development shall include a sign plan showing a description of the message, trademark, symbol, or insignia, and the specific design, location, size, dimensions, colors, materials, height above ground, construction, and illumination of proposed signs in accordance with the following regulations:

Any sign hereafter erected in the Borough of Avalon, which is exposed to public view, shall conform to the provisions of this chapter and any other ordinance or regulation of the Borough of Avalon, the County of Cape May, the State of New Jersey or Federal government relating to the erection and maintenance of signs. In the event of conflicting regulations, the most restrictive regulation shall prevail.

All development applications shall submit all signs to be approved by the Board.

No sign, other than exempt signs set forth in paragraph (b) below, shall be erected without first obtaining a sign permit from the Zoning Office. Permit applications shall be accompanied by a plan, drawn to scale, showing details of the sign, type of illumination, type of materials, colors, its size, and location on the building and/or lot. Open-house signs shall be covered by a one hundred ($100.00) dollar annual permit. Notification of dates and times of all open houses shall be submitted forty-eight (48) hours in advance to the Code Enforcement Official. Signs governed by Section 10-13 shall be covered by the normal "yard sale" permit. All signs will only be permitted from 9:00 a.m. to 5:00 p.m. daily. Permits for window signs and changeable copy signs shall be valid as long as there is no change in the sign area, location, and type of such signs that have been authorized by permit. Fees for sign permits shall be paid in accordance with a fee schedule adopted by the Borough Council.

No sign other than traffic or similar official signs shall be erected within or project over the right-of-way of any public street, sidewalk, median island, or public promenade, except as hereafter provided.

Exemptions. The following signs are permitted in any zone without prior approvals:

One (1) nonilluminated real estate sign advertising the sale, lease, or rent of the premises upon which the sign is located, or the fact that the premises is under contract, which sign area shall not exceed a total of four (4) square feet. These signs may not be placed in the Borough right-of-way and shall be at least eight (8) feet from the curb line. The sign must be mounted so that the top of the sign is no more than thirty-six (36) inches above the ground. One (1) real estate sign may be present on the property in one (1) of the following configurations:

One (1) real estate sign may be displayed on the property while the property is for sale and must be removed immediately after transfer of title. The sign may include a placard placed at the top or bottom of a real estate sign, provided the addition of the placard does not increase the overall size of the sign beyond four (4) feet; or

One (1) real estate sign advertising the rental or lease of the premises upon which the sign is located; or

One (1) real estate sign advertising open house on the premises upon which the sign is located during the hours of 9:00 a.m. to 5:00 p.m. daily: or

If there is more than one (1) dwelling unit on a property, then one (1) real estate "for sale" sign may be displayed for each unit on the property which has a separate address and a separate owner. If two (2) or more units on a property are owned by the same owner, then only one (1) sign shall be permitted on the property for all units owned by that owner.

One (1) nonilluminated construction sign is permitted on any premises for which a zoning or construction permit has been issued, which sign shall be removed within seven (7) days of either the completion of construction, or the issuance of the final Construction Department certificate of occupancy, or final Construction Department inspection of the project to which the sign relates, whichever comes first.

Signs for one- or two-family uses shall comply with the size and location restrictions of subsection 27-7.2f2(b)(1) above.

For multiple lot, one- or two-family developments, the per lot sign area may be aggregated to create one (1) larger sign on one (1) of the subject properties, provided it does not exceed three (3) feet high by four (4) feet wide or twelve (12) square feet. These signs shall be no more than forty-eight (48) inches above the ground, supported by no more than two (2) posts not exceeding four (4) inches by four (4) inches.

Signs on nonresidential, mixed-use or multi-family residential premises shall not exceed three (3) feet high by four (4) feet wide or twelve (12) square feet. These signs shall be no more than forty-eight (48) inches above the ground, supported by no more than two (2) posts not exceeding four (4) inches by four (4) inches.

Decorations for a recognized officially designated holiday or casual observance provided that they do not create a traffic or fire hazard.

Official municipal, County, State or Federal governmental signs.

Change in the copy of a changeable copy or time and temperature sign, once a permit for the sign has been issued.

Political signs are permitted on private property throughout the Borough provided that they do not create a traffic or fire hazard.

(7)

Signs denoting the name and address of the occupants of the premises, which signs shall not exceed two (2) square feet in area.

(8)

Signs for a demolition sale that has obtained a permit. (See Section 10-13). Such signs may not exceed three (3) square feet and shall not be attached to trees or utility poles. Demolition sale signs may not be erected more than three (3) days prior to such sale; and must be removed immediately after the sale.

(9)

Portable signs, including a swinger, "A" frame, or sandwich sign, no larger than five (5) square feet when utilized to advertise daily specials, special events, restaurant menu specials and the like, providing the sign is only displayed when the establishment is open for business. These signs shall be located on the property to which they relate and under no circumstances shall these signs impede pedestrian flow, Borough right-of-way or be located in a sight triangle. One (1) sandwich sign per business with a minimum of twenty-five (25) feet between signs is permitted.

(10)

Restaurant menus when displayed in a glass case affixed to the exterior building wall for that purpose, or when displayed on a signboard located in close proximity to the restaurant entrance located on private property. The area of the signboard or display case shall not exceed the menu size by more than thirty (30%) percent, and shall not be greater than four (4) square feet.

(11)

Temporary window signs shall not impede a clear view through the total storefront window area, and shall be promptly removed upon termination of the sale or event, and shall not be displayed for longer than thirty (30) days.

(12)

Directional and informational window signs including hours of operation, credit card acceptance, and business affiliations are considered informational signs, and are not included in the twenty-five (25%) percent maximum permitted window sign area. No sign with a commercial message legible from a position on the street shall be considered directional or informational.

(13)

Open house directional signs, open house signs and streamers/pennants may be posted in accordance with this subsection only if the realtor/homeowner has on file with the Zoning Officer a current annual permit for such signs. Balloons are not permitted at any time. Open house directional signs and open house signs shall have a face no greater than three (3) square feet and a height no greater than three (3) feet and must be constructed of materials that will collapse or crush easily to avoid injury if a person contacts it. This is the only permissible sign. One (1) sign per intersection to a maximum of two (2) signs total may be posted at nearby intersections and within the public right-of-way (between the curb and the sidewalk). No other real estate sign shall be posted at a residence while an open house sign is posted there. A banner sign may be posted on-premises along with an open house sign posted in accordance with this subsection and hang no lower than seven a (7) feet from grade. Open house directional signs, open house signs, pennants/streamers and banner signs shall be posted only from 9:00 a.m. to 5:00 p.m. daily and a representative of the realtor or homeowner shall be present on the premises and, shall not hold an open house for no longer than three (3) consecutive days, and at the conclusion of each day, such signs shall be promptly removed by the realtor/homeowner. The Zoning Official and Code Enforcement Official are hereby authorized to remove any open house directional sign and to request the immediate removal of any open house sign, pennants/streamers, or banner signs that are posted in violation of these conditions. These powers shall be in addition to those remedies and penalties as set forth under subsection 27-8.6.

(14)

Signs defined as "yard sale" and "yard sale directional signs", which does not include open houses, may be posted in accordance with this subsection only if the sponsor has a current permit for the "yard sale." Balloons are not permitted at any time. Yard sale directional signs and yard sale signs shall have a face no greater than three (3) square feet and a height no greater than three (3) feet and must be constructed of materials that will collapse or crush easily to avoid injury if a person contacts it. One (1) sign per intersection to a maximum of two (2) signs total may be posted at nearby intersections and within the public right-of-way (between the curb and the sidewalk). Yard sale signs and yard sale directional signs shall be posted only from 9:00 a.m. to 5:00 p.m. daily and a representative of the sponsor is present on the premises and must be removed promptly when the sale is over. Yard sales at a premises may not be conducted more that twice between January 1 and December 31 of any year.

Editor's Note: Yard Sales, see Borough Code Section 10-13.

(15)

Temporary banner signs on buildings promoting functions of nonprofit organizations shall be permitted fourteen (14) days prior to the event and shall be removed three (3) days after the event. These signs shall not exceed thirty-two (32) square feet.

A temporary banner that is not larger than thirty (30) inches by twenty (20) feet located at the intersection of 30th Street and Dune Drive in the eastbound lane of 30th Street, on the Borough's banner poles. These banners are to be erected not more than thirty (30) days prior to an event or special program and shall be removed within three (3) days following the event or special program. These signs are subject to availability and the procedures set forth by the Borough.

Design Standards.

All height limitations shall be measured from the average grade at the curbline to the top or bottom of the sign, as is specified, or its supporting structure.

Where any sign, flag, or banner is located over a walkway, sidewalk, pedestrian way, or other public area, the bottom of the sign, flag, or banner shall be at least seven (7) feet above grade level of the pedestrian area.

All signs shall be subject to the provisions of the landscape requirements of Avalon Borough Code Chapter 26, Subdivision and Site Plan Review and Chapter 27, Zoning.

No existing sign shall be enlarged, rebuilt, structurally altered, or relocated except in accordance with the provisions of this chapter. Furthermore, the failure to issue a permit for any sign shall not relieve the owner or lessee of the premises from the duty of safely maintaining any such structures.

Signs shall be located outside of sight triangles as defined in the Subdivision and Site Plan Review Ordinance (Section 26-4).

No sign of any type will be permitted to obstruct driving vision, traffic signals, and traffic direction and identification signs.

Signs using mechanical devices, electrical devices or both to revolve, flash, talk, play music, or display movement or the illusion of movement are prohibited in all zones. Time and temperature signs are exempt from this provision.

Illuminated signs shall be arranged to reflect the light and glare away from adjoining lots and streets to prevent glare or blinding effects upon motor vehicle traffic and so as not to cause a nuisance to residents of the area. All exterior lighted signs shall be shielded or have translucent fixtures to prevent glare. The external light source shall be focused downward.

Attached wall signs shall be affixed parallel to wall to which they are attached, and the face of the sign shall project no more than six (6) inches from the surface of the wall.

All signs shall be maintained in a safe, presentable and good structural condition at all times, including the replacement of defective parts or landscaping, painting, repainting, cleaning, and other acts required for the maintenance of said sign. The owner of any property on which a sign is located and those responsible for the maintenance of the sign shall be equally responsible for the condition of the area in the vicinity of the sign and shall be required to keep this area clean, sanitary, and free from noxious or offensive substances, rubbish, and flammable waste materials. If the sign is not made to comply with adequate safety standards, the Zoning Officer shall require its removal.

It is recommended that all signs should have a consistent sign design throughout a particular project, and shall complement the architecture of the building and the site design elements. This includes the style of lettering, construction, material, type of pole or standard (wood or metal), size and lighting. Color of letters and background should be carefully considered in relation to the color of the material of the buildings or other location where the signs are proposed to be located. Signs should be a subordinate rather than a predominate visual feature of a plan.

The sign area of two-sided signs shall be computed using one (1) side of the sign.

(m)

The area of individual letter, or segmented wall signs shall be computed by first measuring the initial letter, number, logo, trademark or symbol or letters of the name independently as a rectangle enclosing the letter, number, logo, trademark, or symbol and adding thereto the area of a rectangle enclosing all the remaining letters, numbers, logos, trademarks, or symbols forming the sign. Other wall signs of a solid face construction, which are placed and securely fastened to the building wall and are complete in themselves shall have the area computed on the basis of a rectangle or circle formed by a complete sign.

(n)

All awnings and canopies shall be opaque and under no circumstances can an awning or canopy let light through. Awnings and canopies may extend a maximum of six (6) feet from the exterior wall of the building. Under no circumstance may any temporary sign, banner, or flag be attached to the bottom of any awning or canopy below a height of seven (7) feet from grade level of the pedestrian area.

(o)

No advertising for real estate agents, developers, contractors, builders, architects or tradesmen is permitted on Neighborhood Identification Signs.

Prohibited Signs. All signs which are not expressly permitted or exempt from regulation in accordance with this chapter, are prohibited. The following are examples of signs which are expressly prohibited:

Signs on the Dune Drive median islands other than traffic safety, directional, public warning signs and special event signs. Special event signs are further regulated by this chapter.

Signs hung or attached to Boardwalk railings;

Beacons;

Tethered balloons;

Signs using red, yellow, and green lights which mimic the operation of any traffic control signal;

Signs using the words such as "stop," "look," "danger," which are placed to constitute a traffic hazard or interfere with the free flow of traffic;

Roof signs or signs mounted on the roof;

Strings of light (not including holiday lighting and decorations);

Animated or moving signs;

Internally illuminated awning and canopy signs;

Internally illuminated wall, projecting, and suspended signs (except neon or gas tubing signs);

Vehicle(s) or trailer(s) located to serve as a sign in circumvention of this chapter;

(m)

Signs which present lewd language or graphic sexual depictions;

(n)

Bench signs which display a commercial message;

(o)

Bus shelter signs; and

(p)

Temporary signs of builders, architects, engineers, developers, contractors, mechanics, painters, paperhangers and/or artisans, except where expressly permitted.

(q)

Any signs on trees or utility poles.

(r)

Inflatable signs.

Residential Districts and Uses: (R-1AA, R-1A, R-1B, R-1C, R-2A, R-2B).

A permitted professional office or approved home occupation, may have one (1) sign not to exceed three (3) square feet and shall be setback a minimum of three (3) linear feet from all property lines.

A church or nonprofit organization may have two (2) signs not to exceed a total of thirty-two (32) square feet displayed on the property. One (1) sign may be an identification sign and one sign may be a changeable copy sign. All signs shall be a minimum of three (3) feet from any property line.

Public Use and Public Conservation Districts: one (1) sign identifying each public use for (charitable or nonprofit) institution located on site shall be permitted and shall not exceed an area of twenty-five (25) square feet. A zoning permit is required for each sign.

Along Avalon Boulevard, no signage, except for the Department of Transportation and Borough owned signage is permitted. Borough owned signage should include:

A "Cooler by a Mile" sign.

Two (2) community information event signs each capable of displaying two 4 ft. x 8 ft. event signs for Avalon-related, not-for-profit organizations only. Church signs and nonprofit organizational signs will be located beneath the event signs and fastened to a separate board. The administration of this paragraph shall be in accordance with rules adopted by Borough Council by resolution.

"Avalon-related non-profit organizations" is defined as any Avalon-based charitable organization affiliated, connected, or associated with an organization having obtained the 501(c) status or a subordinate charitable organization having tax-exempt status or a subordinate charitable organization having tax-exempt status, and that benefits the citizens of Avalon. The event or some portion of the event must be held in the Borough of Avalon.

The use of portable electronic signs is permitted only during a declared state of emergency, or as deemed necessary by the Mayor and/or the Office of Emergency Management. This sign will be removed when not in use.

No commercial signage is permitted.

No event signs will be permitted in any other Public Conservation or Public Use Zone.

Commercial Districts and Uses: (R-M (Hotel-Motel), B-1, B-2, M-B).

Any sign authorized for permitted uses in the residential districts as specified above is permitted in a commercial district.

Freestanding Signs:

Freestanding signs are not permitted in the B-1 Zone except where a lot has a minimum of one hundred (100) feet of frontage on a County road, and then only one (1) freestanding sign is permitted, fronting on the County road.

Where permitted, one (1) freestanding sign shall be permitted at a rate of one (1) square foot of sign (per side), for every three (3) linear feet of street frontage. Freestanding signs shall not exceed a total maximum area of thirty (30) square feet per side.

Freestanding signs shall be located a minimum of five (5) feet away from all property lines.

Freestanding signs shall be no higher than fifteen (15) feet above ground level, and shall have no more than two (2) sides.

Freestanding signs shall not be internally illuminated, but illuminated by a shielded, exterior, downward-facing light source.

Building Signs:

Facade, wall, suspended, projecting, awning and window signs shall have a maximum area of four (4%) percent of the total of the area of the building facade fronting on each public street, but in no case shall any individual sign area be greater than fifty (50) square feet.

Wall signs shall be located between the top line of windows or doors on the first floor, and the bottom line of the second floor windows, roof, or cornice above, in an area that is uninterrupted by windows, architectural details, or openings. See Signable Facade Area.

Wall signs shall not project beyond the roof or sides of the building. Wall signs may not project more than six (6) inches beyond the front surface of the building.

Temporary banners, at least seven (7) feet above grade and not greater than thirty (30) square feet in total area, shall be permitted for seasonal or temporary sales for fourteen (14) days prior and three (3) days after the seasonal or temporary sale. A temporary banner may not be erected for more than twenty-eight (28) consecutive days, and a minimum of twenty-one (21) days shall elapse before another such sign is permitted on the property.

Projecting or suspended signs with a display area not greater than four (4) square feet, shall be permitted for each storefront or business service having an individual public entrance from the exterior of the building.

Projecting signs may not project more than thirty (30) inches from the exterior wall of the building.

(7)

Suspended signs may not extend farther away from the exterior wall of the building than the structure from which it is supported. In no case shall the suspended sign be greater than four (4) feet from the exterior wall of the building.

(8)

One (1) etched or painted permanent window sign shall be permitted in one (1) storefront window of any retail or commercial business, providing it does not exceed twenty-five (25%) percent of the window area.

(9)

One (1) awning or canopy sign shall be permitted on the vertical fringe of the awning or canopy providing the maximum letter height does not exceed eight (8) inches. Under no circumstances shall the awning or canopy be internally illuminated.

(10)

Changeable copy signs are permitted only for automobile filling and service stations to provide pricing information.

(11)

Time and temperature signs are permitted but in no case shall the area of such signs exceed the maximums permitted.

(12)

Neon or gas tubing signs are permitted and subject to the following conditions:

Neon or gas tubing attached to facades and roof lines to accentuate architectural elements is considered to be a sign by definition in the chapter. A development application to the Board is required to seek approval of neon tubing used as an architectural element. In no case shall any neon or gas tubing exceed an initial output of two hundred (200) lumens.

No neon or gas tubing sign may revolve, flash, or display movement or the illusion of movement.

Neon or gas tubing signs can be installed in windows but shall not exceed twenty-five (25%) percent of the total window area. The area of neon signs is calculated by creating a rectilinear area around the sign and calculating the sign area within the rectilinear space.

Whenever a parcel in the commercial district is directly across the street from residential districts as shown on the map of the Borough of Avalon, neon and gas tubing signs are prohibited.

[e]

All neon or gas tubing signs are required to have an initial output of less than two hundred (200) lumens.

Billboard or Off-Premises Signs. The purpose of this paragraph is to promote the unique scenic beauty of Avalon. Specifically N.J.A.C. 16:41C-1 et al. entitled Roadside Sign Control and Outdoor Advertising prohibits billboards and off-premises signs adjacent to the Garden State Parkway, scenic areas, and in residential areas. Whereas there are no highways located in or adjacent to the Borough and, whereas residential districts are located in proximity to commercial districts and there are no industrial districts located in or adjacent to the Borough, the Borough of Avalon hereby prohibits all billboard and/or off-premises signs.

Home Occupations.

General Requirements:

Such occupations or professions shall be carried on wholly within a building.

The business does not involve more than one (1) person not living on the premises.

The office does not occupy more than two hundred (200) square feet of the principal residential structure nor more than one hundred eighty (180) square feet of any accessory structure.

There shall be no exterior indication of a variation of the residential character of the premises.

There shall be no storage of any materials outside of any structures.

The bulk requirements shall be the same as for the zone within which the dwelling unit is located.

No home occupation shall produce any offensive noise, vibration, smoke, dust, odor, heat or glare.

§ 27-7.3 Supplemental Regulations.

[Ord. No. 607-2009 § 27-7.3; Ord. No. 624-2009 § 2, 3; Ord. No. 624 § 2, 3; Ord. No. 635-2010 §§ 4-9; Ord. No. 654-2012 § 2; Ord. No. 662-2012 § 2; Ord. No. 681-2013; Ord. No. 689-2013 §§ 3, 4; Ord. No. 703-2014 §§ 4, 5, 6; Ord. No. 728-2015 § 2; amended 6-14-2023 by Ord. No. 865-2023]

The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations.

Undersized Lots. The Zoning Officer shall issue a zoning permit, upon application, to permit the construction of a single-family dwelling on a single and separate lot having, as of December 1959, an area less than required for a residential use in the zone in which the lot is located, provided that the following criteria are met:

The applicant owns no contiguous property.

If two (2) or more lots having contiguous frontage were held in single and separate ownership at the time of passage or amendment of this chapter, and if said lots considered separately do not meet the requirements for lot width and/or area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purpose of applying the requirements of this chapter.

The applicant shall determine if any contiguous land is available for purchase.

If contiguous land is available, the applicant shall provide evidence, satisfactory to the Zoning Officer, which demonstrates that the applicant has made a good faith attempt to purchase said land.

If the evidence presented by the applicant demonstrates that the owner of the available contiguous land is unwilling to sell said land at or below the fair market value, as the same shall be herein determined, then the applicant shall have no further obligation to attempt to purchase any contiguous property. Before issuing a zoning permit pursuant to this section, the Zoning Officer may conduct an independent investigation to determine the accuracy and completeness of the evidence submitted in support of a zoning permit pursuant to this section. Such independent investigation by the Zoning Officer may include, but not necessarily be limited to, contacting the owner or owners of any contiguous property, by certified mail, regular mail, or otherwise, to determine whether said property is available for purchase and, if so, the terms and conditions thereof. The failure of an owner of contiguous property to respond to a certified letter from the Zoning Officer inquiring as to that individual's willingness to sell his/her land to the applicant shall be deemed evidence of an unwillingness to sell. The Zoning Officer shall deny a zoning permit if he finds that an owner or owners of contiguous property is/are willing to sell such contiguous property to the applicant.

The fair market value of any contiguous property shall be determined by a licensed New Jersey Real Estate Appraiser.

In order to qualify for a zoning permit pursuant to this section, a lot shall have a minimum of forty, (40) feet frontage.

A lot shall have a minimum of four thousand (4,000) square feet.

A lot shall have been in existence and appear on the Official Tax Map of the Borough of Avalon prior to December 15, 1959.

All provisions of the district, except as modified herein, shall be met.

Nonconforming Buildings, Structures, Signs, Lots and Uses.

Continuation and Enlargement.

Any nonconforming buildings, structures, signs, lots and uses which existed and were lawful immediately prior to the effective date of this chapter, or any amendment thereto, but which became nonconforming by virtue of this chapter may be continued so long as the use is continued without abandonment, including subsequent sales of the property; and any nonconforming buildings, structures or signs may be restored or repaired in the event of partial destruction thereof.

Expansion of Nonconforming Uses.

The expansion of nonconforming uses shall be governed by the following rules:

A nonconforming use shall not be expanded, enlarged, or increased in any way without the grant of a variance by the Board. A nonconforming building or structure shall not be expanded, enlarged, or increased in any way unless the addition is in full compliance with the provisions of this chapter.

No structural alterations may be made to a building or structure which contains a nonconforming use unless:

The alteration is ordered by a public official to eliminate a hazardous condition, or

The alteration is a restoration or repair of said building or structure as a result of partial destruction by a single event and not simply as a result of the passage of time and normal wear and tear.

Expansion of Nonconforming Buildings or Structures.

The expansion of nonconforming buildings, or structures shall be governed by the following rules:

A nonconforming building or structure may be expanded without a hearing before the Board if the expansion meets with all yard setback and height requirements of the zone in which it is located and does not exacerbate the existing nonconforming condition.

No structural alterations may be made to any building or structure which is itself nonconforming unless:

The alteration is ordered by a public official to eliminate a hazardous condition or

Discontinuation and Abandonment.

A nonconforming use of land or of a building shall be presumed to have been discontinued if the active use of the land or building is abandoned or physically modified to preclude a nonconforming use.

Once the discontinuation occurs, the issue as to abandonment of a nonconforming use shall involve a factual determination by the Board to stay the effect of abandonment upon presentation of evidence that there was no intention to abandon.

Certificate of Nonconformity.

The prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the building, structure, sign or use existed before the adoption of the ordinance which rendered the building, structure, sign or use nonconforming. The applicant shall have the burden of proof. Application pursuant hereto may be made to the Zoning Officer within one (1) year of the adoption of the ordinance which rendered the building, structure, sign or use nonconforming or at any time to the Board. Denial by the administrative officer shall be appealable to the Board.

The Zoning Officer shall issue a certificate of nonconformity only upon the presentation of satisfactory evidence that the nonconforming building, structure, sign and use was lawful prior to enactment of the ordinance rendering the building, structure, sign or use nonconforming. The burden of proof shall be entirely upon the applicant.

A reasonable fee may be charged for the certificate of non-conformity.

Yard Exceptions.

Fences, Walls and Trellis Work. Except as otherwise permitted herein, fences, walls, or a combination thereof, shall not exceed 4 feet in height. Living fences shall not exceed 8 feet in height from grade along the side or rear property lines (See Section 27-7.3(t)(6) for additional standards).

New material for fences shall be wood, vinyl, decorative finished masonry or metal. The use of barbed, strand or chicken wire is specifically prohibited. Woven mesh of the type known as "chain link" may be used, provided it is vinyl-coated.

Retaining wall materials shall be as permitted by subsection 27-7.3u Storm Water Management.

Fences or walls, or a combination thereof, not exceeding four (4) feet in height may be of open or closed construction. Walls and fences in excess of four (4) feet in height shall have a maximum opacity of fifty (50%) percent for the area of the structure in excess of four (4) feet.

Trelliswork including, arbors and decorative gates must be at least eighty (80%) percent open and shall not exceed seven (7) feet in height or twenty (20) feet in length. These cannot be used as a lot divider.

Fences Abutting Other Zones. Fences may be erected upon a lot in a residential zone where said lot abuts a public or commercial zone, provided that:

Such fence or wall may be erected along the boundary, and such fences or walls need not comply with side or rear yard setbacks.

New material shall be wood, decorative finished masonry, vinyl, plastic or metal. The use of barbed, strand or chicken wire is specifically prohibited. Woven mesh of the type known as "chain link" is permitted, provided it is vinyl-coated.

Fences or walls may be solid but may not exceed six (6) feet in height. Fence height shall be measured so that the top of the barrier shall not be less than forty-eight (48) inches above grade where measured on the side of the barrier that faces away from the interior of the property.

[Amended 6-14-2023 by Ord. No. 865-2023]

Yard Encroachments.

Eaves and cornices shall not be considered to occupy required yard area, provided that such projections do not extend more than two and one-half (2 1/2) feet into the yard area. Under no circumstances is a cantilever considered a cornice and shall not extend into any yard area.

Chimneys, canopies, roofs over exterior doors less than sixteen (16) square feet in area, bay and bow windows shall not be considered to occupy required yard area, provided that such projections do not increase the floor area, do not extend closer than four (4) feet to any property line, and do not extend into the yard more than two (2) feet on not more than two (2) sides of the structure. Bay and bow window projections shall not exceed a total of eight (8) feet in length per side of structure.

Steps.

Steps, outside stairways or entrance platforms that are each less than twenty-six (26) square feet in area, shall not extend over four (4) feet into the front, rear and side property yard areas but in no event be less than three (3) feet from any property line.

Steps, outside stairways or entrance platforms that are each less than twenty-six (26) square feet in area and are needed as a result of raising a structure to meet flood elevation may extend into side property areas but shall in no event be less than three (3) feet from any property line.

Air Conditioners, Generators and Outdoor Showers. Placement of HVAC units, air conditioners, generators and outdoor showers are specifically prohibited from being located in a front yard and prohibited in all side and rear yard setbacks areas.

Flag Poles. Flag poles shall not exceed thirty (30) feet in height measured from grade and shall be set back six (6) feet from any property line.

Height Exceptions. Necessary accessory appurtenances to permitted buildings, such as radio aerials, television antennas, church spires, chimneys, etc., shall not be restricted to district height limitations. However, such exceptions shall not include unnecessary appurtenances such as false fronts, roof parapets, finials, cupolas, weather vanes or other architectural decorative structures. The height of any such excepted structure above the base to which it is fixed or attached shall not be greater than the shortest distance from such base to any property line, nor shall it exceed twice the height limitations in the district in which it is located. Chimneys may exceed the building height, but only by the minimum height necessary for compliance with applicable construction codes.

Flat Roof Conversion. Any structure having a flat roof may be converted to pitched roof, provided that the new roof does not exceed the permitted height, and does not increase the habitable area.

Structure Below Base Flood Elevation. Any structure in a zone may be raised or elevated to the base flood elevation plus freeboard, three (3) feet or to replace a defective foundation provided that the permitted height is not exceeded, the habitable area is not increased, all setbacks are met and the development meets all other requirements of this chapter.

Space Used Once. No part of a yard, other open space or off-street parking area required about or in connection with any building for the purpose of complying with this chapter shall be included as a part of a yard, open space or off-street parking area similarly required for another building.

Building Beyond Bulkhead Lines. No building or structure shall extend beyond the bulkhead line, bulkhead or retaining wall abutting wetlands, except a pier or dock which may extend not more than thirty (30) feet, or a greater distance only when specified in a particular deed provided that a building permit therefore has been granted by the Building Inspector and the approval of all other officials having jurisdiction has been obtained.

Building Beyond Boardwalk Line. No pier, dock, boathouse, pavilion, jetty or other structure shall be constructed, altered or moved beyond the boardwalk line toward, over or into the Atlantic Ocean. This shall not be deemed to prohibit structures reasonably required for erosion control or public recreational uses when constructed by a public agency.

Yard Reduction. No yard or lot existing at the time of passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots, created after the effective date of this chapter, shall meet at least the minimum requirements as established by this chapter.

Lots Contiguous to Dune Line. Those lots contiguous to the established dune line of the Borough of Avalon and as further amplified upon the Official Tax Map of the Borough of Avalon shall have a yard with a minimum depth of ten (10) feet as measured from the easternmost boundary of the lot and the easternmost building line of the structure, except in those cases where the dune line lies west of the easternmost boundary of the lot, then, in such case, the yard depth shall be no greater than the area between the easternmost building line and the dune line.

Multi-Story Dwelling Unit. The primary means of access to each floor within a dwelling unit shall be by interior stairs.

Public Utility Buildings. A public utility substation building deemed necessary to the service, convenience or welfare of the public by the Board of Public Utility Commissioners in accordance with Chapter 276 of the Public Laws of New Jersey 1978, as amended and supplemented, will be considered an essential service and may be placed in any district, subject to site plan review and approval, provided that the building is in keeping with the neighborhood in which it is located, and provided further that the building will not be used as a storage depot for materials, a garage, repair shop or other service building in any residential district.

Split Lot Zoning. (Reserved)

Conformity of Building Setback Lines. The Board in review of variance cases, not withstanding other requirements of this chapter, may encourage conformity of building setback lines with the median setback lines of existing structures on the same side of the street and within three hundred (300) feet of the proposed new construction.

Porches and Decks.

The floor of any outside porch or deck shall be no higher than the floor of the highest habitable floor in said structure.

Roofs shall be permitted above a third floor deck for one and two-family residential uses. This area shall be included in the total calculation of floor area ratio (FAR).

[Ord. No. 728-2015 § 2]

Roof Pitch.

For single-family and two-family dwellings only, the average roof pitch must be a minimum of four feet of rise to every twelve feet of run (4:12). Any roof having a pitch less than two feet of rise to every twelve feet of run (2:12) shall be considered flat, and flat roofs may not exceed twenty (20%) percent of the roof area, measured in a horizontal plane.

The roof pitch plan must be to scale and submitted with the appropriate calculations at the time a zoning permit application is made.

Oversized Lot Yard Requirements. In order to preserve light and air, where a parcel in any residential zone exceeds the minimum lot frontage requirements of the zone, by twenty-five (25%) percent or more, the minimum and total side yard areas shall be increased proportionally with the lot frontage.

Where a lot frontage exceeds the minimum requirement by twenty-five (25%) percent and the lot is rectilinear in shape, the lot width at the front and rear lot building setback lines must exceed the minimum lot frontage of the district by twenty-five (25%) percent or more in order for this requirement to apply; or

Where a lot frontage exceeds the minimum requirement by twenty-five (25%) percent and the lot is irregular in shape the average of the lot width at the front building setback line and the rear building setback line must exceed the minimum lot frontage requirements of the zone by twenty-five (25%) percent or more.

The equation shall read as follows:

Y = (X) (Z)
Where X =	Minimum Total and Minimum Required Side Yard
And Y =	The Additional Total and Minimum Required Side Yard Setback for Property
And Z =	Percentage that Lot Exceeds Minimum Frontage Requirements of the Zone

Lots Contiguous to the Bulkhead Line or Mean High Water Line. The purpose of this paragraph is to create rear yard setbacks that protect and enhance the natural environment while, creating a consistent appearance along the watercourse and protecting views from the parcels.

Where the mean high water line is between the bulkhead line and the upland, the mean high water line shall prevail.

All constructed bulkheads shall be measured from the edge closest to the water to determine the lot depth and when bulkheads are replaced the measurement from the new bulkhead shall prevail.

The rear yard setback shall be as follows:

For lots where the distance from the street line to bulkhead line or mean high water line is one hundred ten (110) feet or less, the rear setback line shall be measured eighty-five (85) feet from the front property line provided the following:

A minimum of nine (9) feet is maintained from the bulkhead line or mean high water line to the habitable building and/or architectural details;

A minimum of five (5) feet is maintained from the bulkhead line or mean high water line for any structure more than eighteen (18) inches high, (except where other restrictions apply); and

The rear yard setback can be zero (to the bulkhead line or mean high water line) for any structure less than eighteen (18) inches in height.

For lots where the distance from the street line to the bulkhead line or mean high water line is greater than one hundred ten (110) feet, the rear setback shall be twenty-five (25) feet measured at the closest point between the bulkhead line or mean high water line and the street line.

The rear yard setback can be zero to the bulkhead line or mean high water line for any structure less than eighteen (18) inches in height.

Landscaping.

General Introduction.

The survival of most types of plant life is difficult on a barrier island such as Avalon. Vegetation has to contend with nutrient poor, sandy soils, frequent northeast storms, strong west winds, and salt-laden air. These conditions make it difficult for most vegetation to develop and mature. Vegetation of all types, especially trees and shrubs, enhance absorption of run-off back into the soil, reduce air pollution, and aid transpiration. Trees and shrubs reduce the perception of noise and act as a windbreak. Accordingly, conservation of these natural resources is in the public interest, satisfies the purposes of zoning, and benefits those who dwell on the island.

The goal of the Borough is that all existing trees and vegetation should be preserved where and whenever feasible. Plans for construction and/or demolition must specify appropriate grading and protection details to assure the preservation of the vegetation. The plans must clearly indicate all vegetation to be preserved or removed.

Routine Maintenance. Routine maintenance, including pruning and planting of materials is permitted, provided it is on private property. Pruning, clearing or alteration of vegetation is prohibited on public property, or any dune, except when performed in conjunction with an approved Dune Vegetation Management Plan or otherwise with the written consent and approval of the Borough as herein provided and any such activity shall be performed only under the Borough's supervision and direction.

Cross reference: See Applicability of Storm Water Management Plan – subsection 27-7.3u.

Landscape Plan.

A landscape plan shall be required:

For all applications pursuant to Chapter 26 (Site Plan Review) or Chapter 27 (Zoning) of this Code.

For all other residential development, including development for one and two family dwellings.

For additions to an existing structure and/or site improvements which increases the square footage of the principal structure or any accessory structure which either individually or in the aggregate measures two hundred fifty (250) square feet or more.

PRUNING OF TREES AND VEGETATION

For the construction or installation of any in-ground or on-ground swimming pool; spa or pool spa as those terms are defined in Section 27-3c. Hot tubs or pool hot tubs as defined in the same section are excluded from the landscape plan requirements.

Definitions.

In addition to those definitions set forth in Section 27-3c, the following definitions shall apply to this subsection:

DECIDUOUS

Plants that drop their foliage annually before becoming dormant.

EXISTING STRUCTURE

When used in the context of demolition shall mean the principal structure and accessory structures, if any, that are intended to be demolished.

EVERGREEN

A non-deciduous plant with foliage that remains green all year round.

GREEN SPACE

Shall include not less than one tree plus grass or lawn, shrubs, vegetative ground cover, or any combination thereof; provided, however, that any and all plantings should come from the Avalon Acceptable Plan Materials List. Green space shall be calculated using only the buildable area of a lot. Decorative stone, pervious stone, pervious pavement, and artificial turf are not considered green space. Plants that are considered annuals or perennials may be planted at the discretion of the owner; provided, however, that nothing may be planted that appears on the list of Invasive and Prohibited Plant Species.

[Amended 4-28-2021 by Ord. No. 819-2021]

LANDSCAPE PLANTINGS

Lawn, trees, shrubs, groundcover, perennials, annuals and ornamental grasses.

PRINCIPAL STRUCTURE

The building existing or proposed as the principal residence to be built on a parcel of land.

To cut off or cut back parts of a tree for better shape, or more fruitful growth.

SHADE TREE

A tree, usually deciduous, planted primarily for overhead canopy.

SHRUB

A woody plant that is never tree-like in habit and produces branches or shoots from near the base.

SPRAYER

A manually operated nozzle that fits on the end of a garden hose which discharges water.

STREET TREES

Trees planted in the street right-of-way, between the sidewalk and curb line or between the right-of-way line and the street line.

TREE

Any existing deciduous or evergreen tree having a trunk diameter greater than three (3) inches or more measured three (3) feet above the ground.

TREE TOPPING

The removal of most of the upper branches and trunk of a tree to effectuate restricted growth or the termination of the plant (also known as pollarding or hat-racking).

VACANT LOT

A parcel of land with no structural improvements.

Landscape Plan Requirements.

The landscape plan required under Chapter 26 or Chapter 27 shall address the goals set forth in paragraphs t, 1 and 2 above and shall be designed to maintain existing vegetation to the greatest extent possible and to ensure the survival of existing and new vegetation.

The landscape plan shall contain an area of green space. All new one and two family developments shall provide a minimum of fifteen (15%) percent green space which shall be planted with at least one tree plus grasses and lawns, shrubs, and vegetative ground cover. Decorative stone, pervious stone, pervious pavement and mulch beds are not considered green space. Such fifteen (15%) percent green space requirement shall be inclusive of any required buffer around swimming pools, the area consumed by "Living Fences" as such term is defined in this chapter, the buffer required by the Storm Water Management Plan of the Borough, and any other vegetative buffer zones mandated by either Chapter 26 or 27 or any other chapter of the Code. In fulfilling the green space requirement, the property owner may select any tree, shrub or plant contained on the Borough's List of Acceptable Plant Materials. The property owner shall not plant anything on the prohibited list of invasive species. The requirements of Chapter 26 shall be followed to the extent applicable.

The landscape plan shall clearly show the location and size of any mature tree that is to be preserved as part of the development. In general, a mature tree shall be considered one with a diameter of at least three (3) inches measured three (3) feet above the ground.

Landscape Plan; Time for Completion.

The landscaping plan shall be completed and all landscaping, including any new vegetation required by the plan shall be installed prior to the issuance of a certificate of occupancy whenever possible. If the landscaping plan cannot be completed prior to the issuance of a certificate of occupancy due to weather or other seasonal conditions, then such plan shall be completed not later than one hundred eighty (180) days following the issuance of the certificate of occupancy.

Living Fences.

All living fences shall be developed pursuant to the following standards:

All living fences shall be developed with plants, trees and shrubs approved in accordance with the Avalon Approved List of Vegetation for Living Fences.

All plantings on the Approved List of Vegetation for Living Fences shall be planted and maintained so that they do not exceed ninety-six (96) inches in height along the side or rear property lines.

All living fences shall be planted and maintained to comply with the height limitations imposed by this chapter and shall not be closer than two (2) feet from the property line measured to the base of the tree trunk to ensure it does not encroach across property lines, and shall not be more than ten (10) feet from the property line except for the front property line.

No living fence shall be developed within fifteen (15) feet of the front property line.

This paragraph is also intended to regulate the development of living fences on vacant lots.

Any plantings that constitute, or will constitute, a Living Fence shall be selected from the approved list known as the Avalon Approved List of Vegetation for Living Fences. Any plant or plantings appearing on the Invasive and Nuisance Plant List is prohibited.

Existing Non-Conforming Living Fences. Any non-conforming living fence which existed immediately prior to the effective date of this paragraph t, or any amendment thereto, may be continued and shall enjoy the same protections afforded non-conforming structures pursuant to subsection 27-7.3b.

Editor's Note: Paragraph t was amended and restated in its entirety by Ord. No. 743-2016.

Prohibited Actions.

The removal, pruning or topping of any tree, shrub or plant from public property is prohibited unless done in conjunction with the application and participation in an approved project under the Dune Vegetation Management Plan, or otherwise with the Borough's consent. The Borough's consent shall be obtained by written application to the Business Administrator who shall consult with Department / Division Heads, Borough professionals and others to determine if approval will be granted or denied. Any approval shall be subject to such terms, conditions and provisions specified by the Business Administrator.

The topping of any tree is prohibited, except to the extent necessary to comply with the maximum height limitations imposed under the Living Fence paragraph above.

The destruction or marring of a tree, shrub or plant to circumvent the provisions of this chapter is prohibited.

The planting of any plant or vegetation on the invasive plant species list is prohibited.

Clearing of Lots.

It shall be unlawful to clear or clean cut any lot or parcel of ground in the Borough except in the following circumstances:

The proposed clearing of such lot or parcel is accompanied by an application for development which is accompanied by a landscape plan which conforms to the requirements of this Chapter and section; and

Such landscape plan shall include the fifteen (15%) percent minimum green space required by this paragraph t. and which shall also identify the location of any mature tree or trees that are to remain. If the owner or developer determines that it is neither possible nor feasible to retain any such mature tree, the reasons for such determination shall be clearly set forth on the landscape plan or in an attachment thereto; and

The landscape plan shall be approved by the appropriate authority (Zoning Official or Planning/Zoning Board) before any lot clearing shall take place.

An application for a demolition permit shall be accompanied by a modified landscape plan which shall clearly indicate the vegetation to be removed and the reasons for such removal. In the case of any mature tree (one measuring three (3) inches in diameter measured three (3) feet above ground) proposed for removal, such plan shall indicate the reasons why it is not possible or feasible to retain such tree or trees. Any mature tree that is proposed for sale or relocation off site shall also be identified. The modified landscape plan shall be approved by the appropriate authority (Zoning Official or Planning/Zoning Board) before any clearing shall take place.

The proposed clearing is necessary in order to comply with the provisions of Chapter 16 (Property Maintenance) of the Avalon Borough Code in order:

To remove any tree, regardless of size or maturity, that is diseased or dying, or on the Borough's current list of invasive plant species, or which poses a threat or danger to person or property.

To remove any vegetation which is listed on the Borough's current list of invasive species.

To remove brush, weeds, dead and dying trees, stumps, roots, ragweed, poison ivy, poison sumac, obnoxious growths, filth, garbage, trash and debris, removal of which may be necessary and expedient for the protection of the public health, safety, general welfare or to eliminate a fire hazard or any other nuisance or to comply with the provisions of Chapter 16 (Property Maintenance) of the Borough Code.

In all other situations not included in paragraphs (a) through (e) of this subsection, the owner or developer of property and their agents, employees, contractors and subcontractors shall first be required to obtain a permit from the Zoning Official in order to clear or clean cut a vacant lot. Such permit shall be issued, without fee, and the application for such permit shall be on forms provided by the Borough and shall provide the following information:

A recent survey of the property prepared and dated within twelve (12) months of the application.

Recent photographs of the front, rear and sides of the lot taken with twelve (12) months of the application.

The survey shall indicate the location of all trees and vegetation on the lot.

Each tree shall be identified, as can best be determined, by species and if the species is unknown it shall be so indicated.

The survey shall clearly indicate any and all trees to be removed as well as those which are to remain and the species of each shall be indicated. Any mature tree that is proposed for sale or relocation off site shall also be identified.

Permit applicant shall sign a certification that all documents submitted in support of permit are true and correct, that no changes have occurred within twelve (12) months of the application, that applicant has received a copy of the Borough's Landscape Ordinance and will comply therewith and that any misrepresentation in the application process may be cause for the denial of a permit or the revocation of an issued permit.

Cross Reference: Mayor's Executive Order 2014-1 dated 10/20/2014.

APPEAL: Any person who is aggrieved by the decision of the Zoning Official in the granting or denying of any permit under this section shall have the right to appeal such decision to the Planning/Zoning Board within such time and in such manner as provided by Borough Ordinance or State law.

Irrigation.

Cross reference: Previously designated as 27-7.3(2).

Watering Restrictions. See restrictions in Borough Code Section 14-15.

Watering Systems. All newly installed or retrofitted watering systems shall meet the following minimum standards:

Drip and/or soaker technology may be utilized provided the system has pressure compensating emitters as per published manufacturer's specifications.

Rotators and spray irrigation heads may be utilized only if they have a maximum precipitation rate not to exceed 1.25 inches per hour (1.25 ins. /hr.) as per published manufacturer's specifications.

Systems shall be designed and positioned as to prevent overspray onto sidewalks, streets, adjacent properties or any natural body of water and shall follow industry design standards.

Control Systems:

All newly installed or retrofitted irrigation control systems shall utilize "smart" technology controllers approved by the National Irrigation Associations SWAT Certification (http://www.irrigation.org/SWAT/).

Each system shall utilize a rain sensor and/or at least one other weather or soil moisture sensor.

Effective use of these control systems is enhanced by following manufacturer design and installation specifications.

Contractor Certification:

All contractors installing and/or maintaining irrigation systems shall hold a valid Landscape Irrigation Contractor's license issued by the NJ DEP in order to construct, repair, maintain, improve or alter a landscape irrigation system in accordance with P.L. 1991, c. 27 (C. 45:5AA-3).

Exemptions from the above watering restrictions include:

Manual, self-contained watering devices such as watering cans, buckets or rain barrels and hand watering utilizing a hose with an auto-shut off nozzle.

Portable sprayers and sprinklers attached to a hose.

Newly installed lawn and landscape bed sprinklers for the first forty-five (45) days.

All newly installed or retrofitted systems utilizing both a smart controller and the above drip or spray technology as per paragraph (c) above.

Acceptable Plant Species; Invasive and Prohibited Plant Species.

The Borough Environmental Commission shall develop, maintain, and periodically update, as need and circumstances require, a comprehensive list of plant materials which shall include: (i) Shade Trees; (ii) Evergreen Trees; and (iii) Shrubs as well as (iv) a list of plantings acceptable for Living Fences; (v) a dune vegetative management list; and (vi) a list of Invasive and Prohibited Plant Species.

Such lists of acceptable as well as prohibited plant species, when prepared by the Environmental Commission, shall be submitted to the Planning/Zoning Board for its approval. Upon approval by the Planning/Zoning Board such list of acceptable as well as prohibited species shall become an appendix to Chapter 27 (Zoning) of the Code of the Borough of Avalon. Such lists shall bear the date of approval by the Planning/Zoning Board.

[Ord. No. 743-2016 § 1]

Storm Water Management. For one- and two-family residential developments, a storm water management plan for the lot(s) in question must be submitted, reviewed, and approved by the Zoning Officer or designated official, prior to the issuance of a zoning permit for any of the following:

Additions to an existing structure and/or site improvements which increase the impervious coverage by more than two hundred fifty (250) square feet or

The construction of a new principal structure or

The construction of any pool.

The storm water management plan shall not adversely affect the adjoining properties. The minimum requirements are as follows:

All lots shall be graded toward the street(s) at a minimum slope of one-half (1/2%) percent and a maximum slope of one (1%) percent, measured from the existing top of curb or existing sidewalk elevation, whichever is higher to the center point of the rear lot line. All topographic information shall be based on NAVD 88 datum. If a grade difference between the adjoining properties results, then retaining walls shall be constructed. Retaining walls shall be constructed of masonry or plastic materials designed for the superimposed loading. (Exception: Any lots which are regulated under the Beach Protection Ordinance.)

The top of the retaining wall along the rear property line shall extend between 0.20 and 0.40 feet above the maximum permitted elevation.

No water shall run onto an adjacent property. Techniques such as raised driveway edges, low curbing or other similar methods shall be employed to direct water off site or to recharge areas.

The roof runoff or the equivalent impervious area shall be directed to subsurface recharge areas. Recharge areas and/or roof drains shall be provided with positive overflow(s). For analysis purposes the following parameters should be utilized:

All lots shall be considered vacant for predevelopment parameters.

A 25-year storm shall be utilized.

Runoff shall be estimated in accordance with N.J.A.C. 5:21-7.1 et al.

A minimum storage of twenty-five (25%) percent shall be provided on site.

All development shall provide a four (4) foot wide planted green space along the rear and side property lines within the rear yard, to increase infiltration, improve aesthetics, and provide space for grading and the conveyance of storm water.

To protect from flood by maintaining the integrity of the storm water management system of the Borough, and to protect the water quality of the bay, all development which is subject to review under this section, including the construction of a pool or spa, shall comply with the following:

Silt fence shall be installed according to subsection 26-7.23.

Each potentially affected inlet shall have protection measures installed such as hay bales, stone and filter fabric, or other methods as approved by the Borough.

All discharge water generated by the dewatering of excavated areas, including pools, shall be filtered prior to discharge off site. This shall be accomplished through the utilization of sediment control bags or tanks at the point of discharge.

Inspection, and where necessary, pumping out of affected storm drains, shall be performed by the Borough's contractor, which cost shall be borne by the applicant, and paid from their application fee(s) as established by the Borough.

The measures described herein shall comply with the Standards for Soil Erosion and Sediment Control in New Jersey, as amended.

All protection measures shall be installed prior to construction, and remain in place until the site has been approved by the Borough.

Solar Energy Systems. Solar panels in conjunction with solar energy systems may be situated on roof tops only and may not extend into any required yard setback areas. Solar panels may not extend past the maximum height limit of the zone. Solar energy storage units and distribution components may not occupy required yard setback areas. Solar energy systems are permitted in all districts except for the P-C (Public Conservation) District.

Geothermal Energy Systems.

Geothermal Open Loop Systems are prohibited within the Borough.

Geothermal Closed Loop Systems are permitted within all zoning districts, however, all associated equipment is prohibited from being located within the front yard and shall be prohibited from being located within all side and rear yard setback areas.

PODS^®.

[Amended 6-14-2023 by Ord. No. 865-2023]

"Personal On-Demand Storage Units" are permitted within the Borough in accordance with the following regulations:

The property owner must obtain a permit from the Borough Zoning Officer for a fee of fifty ($50) dollars; and

In conjunction with the relocation of personal property and household items into or out of the Borough's municipal boundaries, in lieu of a traditional moving van, one unit may be located on said property for a period not to exceed 180 days and there shall be no extension thereof and only one such permit shall be issued to a single property location within any consecutive twelve (12) month period; or

In conjunction with construction, renovations or additions at a subject property, a unit is permitted on the property only after receiving a zoning and/or construction permit for the construction, renovation or addition to a principal primary and/or accessory structure(s). Only one unit may be located on the subject property and only during the period of actual construction. The unit shall be removed following completion of the construction and/or within ten (10) days of the issuance of a certificate of occupancy or a certificate of approval.

The unit shall not be located on the subject property within five (5) feet of the side property line or eight (8) feet of the rear property line.

"Construction PODS^®" are permitted within the Borough in accordance with the following regulations:

The contractor must obtain a permit from the Borough Zoning Official for a fee of fifty ($50) dollars and such permit shall remain valid for the time of actual construction in accordance with paragraph 1(c) above.

Only one construction POD containing tools, materials or supplies for contractors and craftsman, may be located on the construction site but only after receiving a zoning and/or construction permit for the construction, renovation or addition to a principal primary and/or accessory structure(s) and during the periods of actual construction involving the work being performed by the particular contractor using said unit. The unit shall be removed following completion of their particular phase of the construction, during periods of construction inactivity and/or within ten (10) days of the issuance of a certificate of occupancy or a certificate of approval.

The unit shall not be located on the subject property within five (5) feet of the side property line or eight (8) feet of the rear property line.

§ 27-7.4 Requirements for Enclosed Garages and Other Structures Pertaining to Floor Area Ratio (FAR) Calculation.

All PODS^® are prohibited from being placed on any street or public right-of-way.

Noncompliance with these regulations shall subject the property owner or contractor to penalties as set forth under subsection 27-8.6.

[Added 11-15-2021 by Ord. No. 829-2021; amended 3-9-2022 by Ord. No. 834-2022; 8-10-2022 by Ord. No. 848-2022; 1-25-2023 by Ord. No. 852-2023]

The revised definition of "FAR" pursuant to Ordinance No. 829-2021 as restated by this subsection allows for all attached garages to be enclosed and excluded from the FAR calculation. To be excluded from such calculation, such garages must be restricted in use and used only for parking and storage. The area must remain unfinished with a very limited exception for the entryway, which FEMA guidance allows to be finished up to a maximum of 400 square feet.

On the effective date of this subsection (Ordinance No. 829-2021 as superseded by Ordinance No. 834-2022), all existing properties with attached garages without door enclosures due to the method previously used to calculate the FAR will be permitted to add door enclosures provided that the owner(s) secure appropriate construction permits and otherwise fully comply with the conditions and requirements specified in Chapter 19 of the Borough Code.

New construction will exempt attached garages from the FAR calculation but only upon compliance with the provisions of Chapter 19 (Flood Damage Prevention).

§ 27-7.5 Setback Special Exceptions; electrical meter access.

[Added 5-11-2022 by Ord. No. 839-2022]

Notwithstanding any other section of this chapter or any other provision of this Code to the contrary, a special exception shall be permitted within any setback area for platforms and steps providing access to elevated electrical meters. Said platforms shall be no larger than necessary to allow electrical meter access and shall be limited to such access and no other use.

§ 27-8 ADMINISTRATION.

§ 27-8.1 Enforcing Officer.

[Ord. No. 607-2009 § 27-8.1]

The provisions of this chapter shall be enforced by the Zoning Officer, who shall be designated by the Mayor and Council of the Borough. It shall be his duty to examine all applications for zoning or occupancy permits for compliance with this chapter, to issue such zoning permits only when the application complies with the regulations of this chapter or upon authorization by the Board after a public hearing or upon written authorization by the Board when required by the provisions of this chapter or otherwise; and to file and record all applications, plans received and permits issued. After a permit is issued, the application and accompanying plans shall be a public record available for inspection.

No dereliction of duty or error on the part of the Zoning Officer shall legalize the erection, construction or alteration of any building or structure not in conformity with this chapter. No zoning permit shall be construed as authority to violate, cancel or set aside any provision of this chapter or of any other statute or ordinance pertaining thereto, except such variation as may be legally granted under the provisions of the New Jersey Uniform Construction Code.

§ 27-8.2 Zoning Permits.

[Ord. No. 607-2009 § 27-8.2]

A zoning permit shall be required by the Building Inspector before he issues any building permit for the erection, construction or alteration of any building, structure or portion thereof. Application for zoning permits shall be made to the Zoning Officer in writing by the owner of the premises or his authorized agent and shall be in duplicate. Included shall be complete duplicate sets of plans drawn to scale, showing the proposed structure or alteration and all existing structures on the lot, their relation to each other and to bounding streets and the use or intended use of all buildings and land. All lots shall be surveyed and marked out on the ground prior to the erection or construction of any building. The following shall be filed:

A site plan, pursuant to N.J.A.C. 13:40-7.3 (requires that the location of proposed buildings and their relationship to the site and immediate environs be prepared and signed and sealed by a licensed engineer or architect) showing to scale the size and location of all the new construction and all existing structures on the site, distances from lot lines and the established street grades; accessible route(s) for buildings required by N.J.A.C. 5:23-7.1 to be accessible; and it shall be drawn in accordance with an accurate boundary line survey, pursuant to N.J.A.C. 13:40-7.2 and N.J.A.C. 13:41-4.3. In the case of demolition, the site plan shall show all construction to be demolished and the location and size of all existing structures and construction that are to remain on the site or plot.

The roof pitch plan must be to scale and submitted with the appropriate calculations at the time a zoning permit application is made.

At specific intervals during the construction of all new single-family and duplex dwellings and the renovation/alteration of said dwellings when the building height or building foot print will be increased, a site survey shall be provided to the Zoning Official for review and approval as follows:

Upon completion of the foundation, a survey indicating the elevation to the top of the block, top of the freeboard and finished grade in relation to mean sea level. In addition, all setbacks from property lines shall be indicated.

Upon completion of the roof framing and shingling, a survey of the elevation to the highest peak of the roof from the top of the block, top of the freeboard and finished grade in relation to mean sea level. In addition, all setbacks from property line shall be indicated. This shall include the height and location of any accessory structures on the lot.

AFFORDABLE HOUSING DEVELOPMENT

Upon application for the final certificate of occupancy, a survey showing the elevation to the highest roof peak from the top of the block, top of the freeboard and finished grade in relation to mean sea level. In addition, the height and location of all structures on the lot, both in size and setbacks from the property lines shall be indicated.

Such permits shall be granted or refused within ten (10) working days of the date of application. A zoning permit shall be forwarded to the Building Inspector and to the owner of the property or his authorized agent.

§ 27-8.3 Changes.

[Ord. No. 607-2009 § 27-8.3]

The Governing Body may from time to time amend, change or modify the regulations and districts herein established on its own motion, a motion from the Board or a petition after duly advertised public hearing prescribed by law. Such changes should not allow spot zoning and must not materially affect the population density in any particular area of the general intent of this chapter. All suggested changes shall be referred to the Board for study and report.

§ 27-8.4 Public Notice and Hearing.

[Ord. No. 607-2009 § 27-8.4]

Public hearing and notice shall comply with the requirements of N.J.S.A. 40:55D-1 et seq.

§ 27-8.5 Interpretation.

[Ord. No. 607-2009 § 27-8.5]

In their interpretation and application the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with any provisions of the law or ordinance or any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of building or premises nor is it intended by this chapter to interfere with, abrogate or annul any easements, covenants or other agreements between parties; provided however, that where this chapter imposes a greater restriction upon the use of buildings or land or upon the height of buildings or requires larger yards or other open spaces than are imposed and required by such existing provisions of law or ordinance or by such rules, regulations, easements, covenants or agreements the provisions of this chapter shall control and where a greater restriction is provided by other ordinance or otherwise, such greater restriction shall control.

§ 27-8.6 Violations, Remedies and Penalties.

[Ord. No. 607-2009 § 27-8.6; Ord. No. 695-2014 § 7]

If any structure or other improvement is erected, constructed, reconstructed, altered, repaired, converted or maintained; or any structure, improvement or property is used, or any work performed thereon, in violation of this Chapter 27, the Borough may, in addition to any other legal remedies available to it:

Commence an action before a court of law or administrative agency having jurisdiction to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of the structure, improvement or property; or to prevent any illegal act, conduct, use or activity on or about the property.

Revoke any permit or approval issued or granted pursuant to this Chapter 27 without regard to whether work has begun or a use has commenced pursuant to such permit or approval.

In addition to the rights of civil and administrative enforcement provided herein, any person violating any of the provisions of this Chapter 27 shall, upon conviction, be subject to a fine and/or other penalty in accordance with the provisions of Chapter 1, Section 1-5.

It shall be a violation of this chapter for any person acting as an owner, agent, real estate broker, real estate sales agent, property manager, reservation service or otherwise to arrange, negotiate, advertise or promote the use of property in violation of this chapter and the ordinances of the Borough of Avalon in any medium, including, but not limited to, print media, flyers, signs, billboards, radio, television, cable, internet, web pages, social media, e-mail or otherwise.

§ 27-8.7 District Changes.

[Ord. No. 607-2009 § 27-8.7]

Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming uses then existing in the district.

§ 27-9 APPEAL.

[Ord. No. 607-2009 § 27-9]

Nothing contained herein shall be construed so as to preclude an applicant for a zoning permit to file an application for a variance directly with the Board, nor shall anything contained herein be construed as preventing an applicant who has been denied a zoning permit by the Zoning Officer pursuant to this section from filing an appeal directly with the Board. In addition, any interested party may appeal the decision of the Zoning Officer to the Board pursuant to law.

§ 27-10 SETTLEMENT AGREEMENTS.

[Ord. No. 695-2014 § 8]

Where a Settlement Agreement, consented to by the Borough, has been entered into with respect to a specific property prior to the adoption of this Ordinance No. 695-2014, adopted on March 12, 2014, setting standards and conditions applicable to that specific property for the rental and use of that property, the conditions established in the Settlement Agreement shall continue to apply in addition to the provisions of this Ordinance No. 695-2014. Violation of the terms and conditions of the Settlement Agreement or the expiration, revocation, invalidation or repeal of the Settlement Agreement shall continue to subject the property to the terms of this Ordinance No. 695-2014.

§ 27-11 AFFORDABLE HOUSING.

Article I General Program Purposes, Procedures

§ 27-11.1 Affordable Housing Obligation.

[Ord. No. 775-2018]

This section of the Borough Code sets forth regulations regarding the low and moderate income housing units in the Borough consistent with the provisions known as the "Substantive Rules of the New Jersey Council on Affordable Housing", N.J.A.C. 5:93 et seq., the Uniform Housing Affordability Controls ("UHAC"), N.J.A.C. 5:80-26.1 et seq. except where modified by the terms of a Settlement Agreement between the Borough and Fair Share Housing Center ("FSHC") such that the statutory requirement to provide very-low income units equal to 13% of affordable units approved and constructed after July 1, 2008, to be affordable to households at 30% of the regional median income, overrides the UHAC requirement that 10% of all low- and moderate-income units must be affordable at 35% of the regional median income, and the Borough's constitutional obligation to provide a fair share of affordable housing for low and moderate income households. In addition, this section applies requirements for very low income housing as established in P.L. 2008, c. 46 (the "Roberts Bill", codified at N.J.S.A. 52:27D-329.1).

This section is intended to assure that very-low, low- and moderate-income units ("affordable units") are created with controls on affordability over time and that very-low, low- and moderate-income households shall occupy these units. This section shall apply to all inclusionary developments and one hundred (100%) percent affordable developments (including those funded with low-income housing tax credit financing) except where inconsistent with applicable law.

The Avalon Planning and Zoning Board has adopted a Housing Element and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1, et seq. The Plan has also been endorsed by the Borough Council of the Borough of Avalon. The Fair Share Plan describes the ways the Borough shall address its fair share for low- and moderate-income housing as determined by the Superior Court and documented in the Housing Element.

This section implements and incorporates the Fair Share Plan and addresses the requirements of N.J.A.C. 5:93, as may be amended and supplemented.

The Borough shall file monitoring and status reports with the Superior Court and place the reports on its municipal website. Any plan evaluation report of the Housing Element and Fair Share Plan and monitoring evaluation report prepared by the Special Master in accordance with N.J.A.C. 5:91 shall be available to the public at the Avalon Borough Municipal Building, 3100 Dune Drive, Avalon, New Jersey, 08202.

On or about December 21 of each year through the end of the period of Third Round Judgment of Repose, the Borough will provide annual reporting of the status of all affordable housing activity within the municipality through posting on the municipal website with a copy of such posting provided to all parties to the Borough's Court-approved Settlement Agreements, using forms previously developed for this purpose by the Council on Affordable Housing or any other forms endorsed by the Special Master and Fair Share Housing Center ("FSHC").

The Fair Housing Act includes two provisions regarding action to be taken by the Borough during the ten-year period of protection provided in the Borough's agreement with FSHC. The Borough agrees to comply with those provisions as follows:

By July 1, 2020, the Borough must prepare a midpoint realistic opportunity review, as required pursuant to N.J.S.A. 52:27D-313, which the Borough will post on its municipal website, with a copy provided to FSHC, a status report as to its implementation of its Plan and an analysis of whether any unbuilt sites or unfulfilled mechanisms continue to present a realistic opportunity. Such posting shall invite any interested party to submit comments to the municipality, with a copy to FSHC, regarding whether any sites no longer present a realistic opportunity and should be replaced and whether any mechanisms to meet unmet need should be revised or supplemented. Any interested party may by motion request a hearing before the Court regarding these issues. In the event the Court determines that a site or mechanism no longer presents a realistic opportunity and should be replaced or supplemented, then the municipality shall have the opportunity to supplement or revise its plan to correct any deficiency.

Within thirty (30) days of December 21, 2020 and every third year thereafter, the Borough shall prepare a review of compliance with the very low income housing requirements required by N.J.S.A. 52:27D-329.1 and its Settlement Agreement with Fair Share Housing Center. The Borough will post on its municipal website, with a copy provided to FSHC, a status report as to its satisfaction of its very low income requirements, including the family very low income requirements referenced herein and in the Borough's Settlement Agreement with FSHC. Such posting shall invite any interested party to submit comments to the municipality and FSHC on the issue of whether the municipality has complied with its very low income housing obligation.

§ 27-11.2 Definitions.

[Ord. No. 775-2018 § 27-11.1]

As used herein the following terms shall have the following meanings:

ACCESSORY APARTMENT

means a self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing home, or through the conversion of an existing accessory structure on the same site, or by an addition to an existing home or accessory building, or by the construction of a new accessory structure on the same site.

ACT

means the Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.).

ADAPTABLE

means constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.

ADMINISTRATIVE AGENT

means the entity responsible for the administration of affordable units in accordance with this ordinance, N.J.A.C. 5:91, N.J.A.C. 5:93 and N.J.A.C. 5:80-26.1 et seq.

AFFIRMATIVE MARKETING

means a regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.

AFFORDABILITY AVERAGE

means the average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households.

AFFORDABLE

means, a sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:93-7.4; in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.

AFFORDABLE DEVELOPMENT

means a housing development all or a portion of which consists of restricted units.

means a development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development.

AFFORDABLE HOUSING PROGRAM(S)

means any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.

AFFORDABLE UNIT

means a housing unit proposed or created pursuant to the Act, credited pursuant to N.J.A.C. 5:93, and/or funded through an affordable housing trust fund.

AGENCY

means the New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).

AGE-RESTRICTED UNIT

means a housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that: 1) all the residents of the development where the unit is situated are 62 years or older; or 2) at least 80% of the units are occupied by one person that is 55 years or older; or 3) the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.

ALTERNATIVE LIVING ARRANGEMENT

means a structure in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central heat and common areas. Alternative living arrangement includes, but is not limited to: transitional facilities for the homeless, Class A, B, C, D, and E boarding homes as regulated by the New Jersey Department of Community Affairs; residential health care facilities as regulated by the New Jersey Department of Health; group homes for the developmentally disabled and mentally ill as licensed and/or regulated by the New Jersey Department of Human Services; and congregate living arrangements.

ASSISTED LIVING RESIDENCE

means a facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.

CERTIFIED HOUSEHOLD

means a household that has been certified by an Administrative Agent as a low-income household or moderate-income household.

COAH

means the Council on Affordable Housing, which is in, but not of, the Department of Community Affairs of the State of New Jersey, that was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).

DCA

means the State of New Jersey Department of Community Affairs.

DEFICIENT HOUSING UNIT

means a housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load bearing structural systems.

DEVELOPER

means any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development including the holder of an option to contract or purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT

means 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 other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.

FAIR SHARE PLAN

means the plan that describes the mechanisms, strategies and the funding sources, if any, by which the Borough proposes to address its affordable housing obligation as established in the Housing Element, including the draft ordinances necessary to implement that plan, and addresses the requirements of N.J.A.C. 5:93-5.

HOUSING ELEMENT

means the portion of the Borough's Master Plan, required by the Municipal Land Use Law ("MLUL"), N.J.S.A. 40:55D-28b(3) and the Act, that includes the information required by N.J.A.C. 5:93-5.1 and establishes the Borough's fair share obligation.

INCLUSIONARY DEVELOPMENT

means a development containing both affordable units and market rate units. This term includes, but is not necessarily limited to: new construction, the conversion of a non-residential structure to residential and the creation of new affordable units through the reconstruction of a vacant residential structure.

LOW-INCOME HOUSEHOLD

means a household with a total gross annual household income equal to 50% or less of the median household income.

LOW-INCOME UNIT

means a restricted unit that is affordable to a low-income household.

MAJOR SYSTEM

means the primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load bearing structural systems.

MARKET-RATE UNITS

means housing not restricted to low- and moderate-income households that may sell or rent at any price.

MEDIAN INCOME

means the median income by household size for the applicable county, as adopted annually by COAH or approved by the NJ Superior Court.

MODERATE-INCOME HOUSEHOLD

means a household with a total gross annual household income in excess of 50% but less than 80% of the median household income.

MODERATE-INCOME UNIT

means a restricted unit that is affordable to a moderate-income household.

NON-EXEMPT SALE

means any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a class A beneficiary and the transfer of ownership by court order.

RANDOM SELECTION PROCESS

means a process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).

REGIONAL ASSET LIMIT

means the maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as defined by adopted/approved Regional Income Limits.

REHABILITATION

means the repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.

RENT

means the gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.

RESTRICTED UNIT

means a dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as may be amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.

SPECIAL MASTER

means an expert appointed by a judge to make sure that judicial orders are followed. A master's function is essentially investigative, compiling evidence or documents to inform some future action by the court.

UHAC

means the Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.

VERY LOW-INCOME HOUSEHOLD

means a household with a total gross annual household income equal to 30% or less of the median household income.

VERY LOW-INCOME UNIT

means a restricted unit that is affordable to a very low-income household.

WEATHERIZATION

means building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for rehabilitation.

§ 27-11.3 New Construction.

[Ord. No. 775-2018 § 27-11.2]

The following requirements shall apply to all new or planned developments that contain low- and moderate- income housing units.

Phasing. Final site plan or subdivision approval shall be contingent upon the affordable housing development meeting the following phasing schedule for low and moderate income units whether developed in a single phase development, or in a multi-phase development:

Maximum Percentage of Market-Rate Units Completed	Minimum Percentage of Low- and Moderate- Income Units Completed
25	0
25+1	10
50	50
75	75
90	100

Design. In inclusionary developments, to the extent possible, low- and moderate-income units shall be integrated with the market units.

Utilities. Affordable units shall utilize the same type of heating source as market units within the affordable development.

Low/Moderate Split and Bedroom Distribution of Affordable Housing Units:

The fair share obligation shall be divided equally between low- and moderate- income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low income unit.

In each affordable development, at least fifty (50%) percent of the restricted units within each bedroom distribution shall be low-income units.

Within rental developments, of the total number of affordable rental units, at least thirteen (13%) percent shall be affordable to very low income households.

Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:

The combined number of efficiency and one-bedroom units shall be no greater than twenty (20%) percent of the total low- and moderate-income units;

At least thirty (30%) percent of all low- and moderate-income units shall be two bedroom units;

At least twenty (20%) percent of all low- and moderate-income units shall be three bedroom units; and

The remaining units may be allocated among two and three bedroom units at the discretion of the developer.

Affordable developments that are age-restricted shall be structured such that the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the inclusionary development. The standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit.

Accessibility Requirements:

The first floor of all new restricted townhouse dwelling units and all restricted multistory dwelling units attached to at least one (1) other dwelling unit shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.

All restricted townhouse dwelling units and all restricted multistory dwelling units attached to at least one (1) other dwelling unit shall have the following features:

An adaptable toilet and bathing facility on the first floor;

An adaptable kitchen on the first floor;

An interior accessible route of travel on the first floor;

An interior accessible route of travel shall not be required between stories within an individual unit;

An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door, on the first floor; and

An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that the Borough has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:

Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.

To this end, the builder of restricted units shall deposit funds with the Borough of Avalon sufficient to install accessible entrances in ten (10%) percent of the affordable units that have been constructed with adaptable entrances.

The funds deposited under paragraph (2) herein, shall be used by the Borough for the sole purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.

The developer of the restricted units shall submit a design plan and cost estimate for the conversion from adaptable to accessible entrances to the Construction Official of the Borough of Avalon.

Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Borough of Avalon in care of the Municipal Treasurer who shall ensure that the funds are deposited and appropriately earmarked for accessibility purposes.

Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is site impracticable to meet the requirements. Determinations of site impracticability shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.

Maximum Rents and Sales Prices.

In establishing rents and sales prices of affordable housing units, the administrative agent shall follow the procedures set forth in UHAC and by the Superior Court, utilizing the regional income limits established.

The maximum rent for restricted rental units within each affordable development shall be affordable to households earning no more than sixty (60%) percent of median income, and the average rent for restricted low- and moderate-income units shall be affordable to households earning no more than fifty-two (52%) percent of median income.

The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both low-income and moderate-income units.

At least thirteen (13%) percent of all low- and moderate-income rental units shall be affordable to households earning no more than thirty (30%) percent of median income.

The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than seventy (70%) percent of median income, and each affordable development must achieve an affordability average of fifty-five (55%) percent for restricted ownership units; in achieving this affordability average, moderate-income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type.

In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units other than assisted living facilities, the following standards shall be met:

A studio or efficiency unit shall be affordable to a one-person household;

A one-bedroom unit shall be affordable to a one and one-half person household;

A two-bedroom unit shall be affordable to a three-person household;

A three-bedroom unit shall be affordable to a four and one-half person household; and

A four-bedroom unit shall be affordable to a six-person household.

In determining the initial rents for compliance with the affordability average requirements for restricted units in assisted living facilities, the following standards shall be met:

A studio or efficiency unit shall be affordable to a one-person household;

A one-bedroom unit shall be affordable to a one and one-half person household; and

A two-bedroom unit shall be affordable to a two-person household or to two one-person households.

The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to ninety-five (95%) percent of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed twenty-eight (28%) percent of the eligible monthly income of the appropriate size household as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.

The initial rent for a restricted rental unit shall be calculated so as not to exceed 30% of the eligible monthly income of the appropriate household size as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.

The price of owner-occupied low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the administrative agent be lower than the last recorded purchase price.

Income limits for all units for which income limits are not already established through a federal program exempted from the Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26.1 shall be updated by the Borough annually within 30 days of the publication of determinations of median income by HUD as follows:

Regional income limits shall be established for the Region 6 based on the median income by household size, which shall be established by a regional weighted average of the uncapped Section 8 income limits published by HUD. To compute this regional income limit, the HUD determination of median county income for a family of four is multiplied by the estimated households within the county according to the most recent decennial Census. The resulting product for each county within the housing region is summed. The sum is divided by the estimated total households from the most recent decennial Census in Region 6. This quotient represents the regional weighted average of median income for a household of four. The income limit for a moderate-income unit for a household of four shall be eighty (80%) percent of the regional weighted average median income for a family of four. The income limit for a low-income unit for a household of four shall be fifty (50%) percent of the HUD determination of the regional weighted average median income for a family of four. The income limit for a very low income unit for a household of four shall be 30 percent of the regional weighted average median income for a family of four. These income limits shall be adjusted by household size based on multipliers used by HUD to adjust median income by household size. In no event shall the income limits be less than those for the previous year.

The income limits calculated each year shall be the result of applying the percentages set forth in paragraph (a) above to HUD's determination of median income for the relevant fiscal year, and shall be utilized until the Borough updates the income limits after HUD has published revised determinations of median income for the next fiscal year.

The Regional Asset Limit used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. 5:8026.16(b)3 shall be calculated by the Borough annually by taking the percentage increase of the income limits calculated pursuant to paragraph (a) above over the previous year's income limits, and applying the same percentage increase to the Regional Asset Limit from the prior year. In no event shall the Regional Asset Limit be less than that for the previous year.

The rent levels of very-low-, low- and moderate-income units may be increased annually based on the percentage increase in the Housing Consumer Price Index for the Northeast Urban Area, upon its publication for the prior calendar year. This increase shall not exceed nine (9%) percent in any one year. Rents for units constructed pursuant to low income housing tax credit regulations shall be indexed pursuant to the regulations governing low income housing tax credits.

11.

Tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance approved by DCA for its Section 8 program.

§ 27-11.4 Condominium and Homeowners Association Fees.

[Ord. No. 775-2018 § 27-11.3]

For any affordable housing unit that is part of a condominium association and/or homeowner's association, the Master Deed shall reflect that the association fee assessed for each affordable housing unit shall be established at one hundred (100%) percent of the market rate fee.

Article II Affordable Unit Controls and Requirements

§ 27-11.5 Purpose.

[Ord. No. 775-2018 § 27-11.4]

The requirements of this section apply to all developments that contain affordable housing units, including any currently unanticipated future developments that will provide low- and moderate- income housing units.

§ 27-11.6 Affirmative Marketing.

[Ord. No. 775-2018 § 27-11.4]

The Borough shall adopt by resolution an Affirmative Marketing Plan, subject to approval of the Superior Court, compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented.

The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The affirmative marketing plan is also intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward COAH Housing Region 6 and covers the period of deed restriction.

The affirmative marketing plan shall provide a regional preference for all households that live and/or work in COAH Housing Region 6, comprised of Atlantic, Cape May, Cumberland, and Salem Counties.

The Administrative Agent designated by the Borough shall assure the affirmative marketing of all affordable units is consistent with the Affirmative Marketing Plan for the municipality.

In implementing the affirmative marketing plan, the Administrative Agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.

The affirmative marketing process for available affordable units shall begin at least four months prior to the expected date of occupancy.

The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner, unless otherwise determined or agreed to by the Borough of Avalon.

§ 27-11.7 Occupancy Standards.

[Ord. No. 775-2018 § 27-11.4]

In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the Administrative Agent shall strive to:

Provide an occupant for each bedroom;

Provide separate bedrooms for parents and children;

Provide children of different sexes with separate bedrooms; and

Prevent more than two persons from occupying a single bedroom.

Additional provisions related to occupancy standards (if any) shall be provided in the municipal Operating Manual.

§ 27-11.8 Selection of Occupants of Affordable Housing Units.

[Ord. No. 775-2018 § 27-11.4]

The administrative agent shall use a random selection process to select occupants of low- and moderate- income housing.

A waiting list of all eligible candidates will be maintained in accordance with the provisions of N.J.A.C. 5:80-26 et seq.

§ 27-11.9 Control Periods for Restricted Ownership Units and Enforcement Mechanisms.

[Ord. No. 775-2018 § 27-11.4]

Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5, and each restricted ownership unit shall remain subject to the controls on affordability for a period of at least thirty (30) years, until the municipality takes action to release the controls on affordability.

Rehabilitated owner-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of ten (10) years.

The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.

The affordability controls set forth in this section shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units.

A restricted ownership unit shall be required to obtain a Continuing Certificate of Occupancy or a certified statement from the Construction Official stating that the unit meets all code standards upon the first transfer of title that follows the expiration of the applicable minimum control period provided under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.

§ 27-11.10 Price Restrictions for Restricted Ownership Units, Homeowner Association Fees and Resale Prices.

[Ord. No. 775-2018 § 27-11.4]

Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:8026.1, as may be amended and supplemented, including:

The initial purchase price for a restricted ownership unit shall be approved by the Administrative Agent.

The Administrative Agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.

The method used to determine the condominium association fee amounts and special assessments shall be indistinguishable between the low- and moderate income unit owners and the market unit owners.

The owners of restricted ownership units may apply to the Administrative Agent to increase the maximum sales price for the unit on the basis of capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom.

§ 27-11.11 Buyer Income Eligibility.

[Ord. No. 775-2018 § 27-11.4]

Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, such that low-income ownership units shall be reserved for households with a gross household income less than or equal to fifty (50%) percent of median income and moderate-income ownership units shall be reserved for households with a gross household income less than eighty (80%) percent of median income.

The Administrative Agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed thirty-three (33%) percent of the household's certified monthly income.

§ 27-11.12 Limitations on Indebtedness Secured by Ownership Unit; Subordination.

[Ord. No. 775-2018 § 27-11.4]

Prior to incurring any indebtedness to be secured by a restricted ownership unit, the administrative agent shall determine in writing that the proposed indebtedness complies with the provisions of this section.

With the exception of original purchase money mortgages, during a control period neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted ownership unit to exceed ninety-five (95%) percent of the maximum allowable resale price of that unit, as such price is determined by the administrative agent in accordance with N.J.A.C. 5:80-26.6(b).

§ 27-11.13 Control Periods for Restricted Rental Units.

[Ord. No. 775-2018 § 27-11.4]

Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, and each restricted rental unit shall remain subject to the controls on affordability for a period of at least thirty (30) years, until the municipality takes action to release the controls on affordability.

Restricted rental units created as part of developments receiving nine percent (9%) Low Income Housing Tax Credits must comply with a control period of not less than a 30-year compliance period plus a 15-year extended use period.

Rehabilitated renter-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of ten (10) years.

Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or seller with the records office of the County of Cape May. A copy of the filed document shall be provided to the Administrative Agent within thirty (30) days of the receipt of a Certificate of Occupancy.

A restricted rental unit shall remain subject to the affordability controls of this Ordinance, despite the occurrence of any of the following events:

Sublease or assignment of the lease of the unit;

Sale or other voluntary transfer of the ownership of the unit; or

The entry and enforcement of any judgment of foreclosure.

§ 27-11.14 Price Restrictions for Rental Units; Leases.

[Ord. No. 775-2018 § 27-11.4]

A written lease shall be required for all restricted rental units, except for units in an assisted living residence, and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be provided to the Administrative Agent.

No additional fees or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the Administrative Agent.

Application fees (including the charge for any credit check) shall not exceed fifty (5%) percent of the monthly rent of the applicable restricted unit and shall be payable to the Administrative Agent to be applied to the costs of administering the controls applicable to the unit as set forth in this section.

§ 27-11.15 Tenant Income Eligibility.

[Ord. No. 775-2018 § 27-11.4]

Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as may be amended and supplemented, and shall be determined as follows:

Very low-income rental units shall be reserved for households with a gross household income less than or equal to thirty (30%) percent of median income.

Low-income rental units shall be reserved for households with a gross household income less than or equal to fifty (50%) percent of median income.

Moderate-income rental units shall be reserved for households with a gross household income less than eighty (80%) percent of median income.

The Administrative Agent shall certify a household as eligible for a restricted rental unit when the household is a very low-income, low-income household or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed thirty-five (35%) percent (forty (40%) percent for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:

The household currently pays more than thirty-five (35%) percent (forty (40%) percent for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;

The household has consistently paid more than thirty-five (35%) percent (forty (40%) percent for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;

The household is currently in substandard or overcrowded living conditions;

The household documents the existence of assets with which the household proposes to supplement the rent payments; or

The household documents proposed third-party assistance from an outside source such as a family member in a form acceptable to the Administrative Agent and the owner of the unit.

The applicant shall file documentation sufficient to establish the existence of the circumstances in b1 through 5 above with the Administrative Agent, who shall counsel the household on budgeting.

§ 27-11.16 Conversions.

[Ord. No. 775-2018 § 27-11.4]

Each housing unit created through the conversion of a non-residential structure shall be considered a new housing unit and shall be subject to the affordability controls for a new housing unit.

§ 27-11.17 Alternative Living Arrangements.

[Ord. No. 775-2018 § 27-11.4]

The administration of an alternative living arrangement shall be in compliance with N.J.A.C. 5:93-5.8 and UHAC, with the following exceptions:

Affirmative marketing (N.J.A.C. 5:80-26.15), provided, however, that the units or bedrooms may be affirmatively marketed by the provider in accordance with an alternative plan approved by the Court;

Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3).

With the exception of units established with capital funding through a 20-year operating contract with the Department of Human Services, Division of Developmental Disabilities, alternative living arrangements shall have at least thirty (30) year controls on affordability in accordance with UHAC, unless an alternative commitment is approved by the Court.

The service provider for the alternative living arrangement shall act as the Administrative Agent for the purposes of administering the affirmative marketing and affordability requirements for the alternative living arrangement.

Article III Administration

§ 27-11.18 Municipal Housing Liaison.

[Ord. No. 775-2018 § 27-11.5]

The position of Municipal Housing Liaison for the Borough of Avalon is hereby established. The Municipal Housing Liaison shall be appointed by duly adopted resolution of the Borough Committee and be subject to the approval by the Superior Court.

The Municipal Housing Liaison must be either a full-time or part-time employee of the Borough of Avalon.

The Municipal Housing Liaison must meet the requirements for qualifications, including initial and periodic training found in N.J.A.C. 5:93.

The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Borough of Avalon, including the following responsibilities which may not be contracted out to the Administrative Agent:

Serving as the municipality's primary point of contact for all inquiries from the State, affordable housing providers, Administrative Agents and interested households;

The implementation of the Affirmative Marketing Plan and affordability controls.

When applicable, supervising any contracting Administrative Agent.

Monitoring the status of all restricted units in the Borough of Avalon's Fair Share Plan;

Compiling, verifying and submitting annual reports as required by the Superior Court;

Coordinating meetings with affordable housing providers and Administrative Agents, as applicable; and

Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing as offered or approved by the Superior Court.

§ 27-11.19 Administrative Agent.

[Ord. No. 775-2018 § 27-11.5]

The Borough shall designate by resolution of the Borough Committee, subject to the approval of the Superior Court, one or more Administrative Agents to administer newly constructed affordable units in accordance with N.J.A.C. 5:93 and UHAC.

An Operating Manual shall be provided by the Administrative Agent(s) to be adopted by resolution of the Governing Body and subject to approval of the Superior Court. The Operating Manuals shall be available for public inspection in the Office of the Municipal Clerk and in the office(s) of the Administrative Agent(s).

The Administrative Agent shall perform the duties and responsibilities of an administrative agent as are set forth in UHAC and which are described in full detail in the Operating Manual, including those set forth in N.J.A.C. 5:80-26.14, 16 and 18 thereof, which includes:

Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Superior Court;

Affirmative Marketing;

Household Certification;

Affordability Controls;

Records retention;

Resale and re-rental;

Processing requests from unit owners; and

Enforcement, although the ultimate responsibility for retaining controls on the units rests with the municipality.

The Administrative Agent shall, as delegated by the Borough Committee, have the authority to take all actions necessary and appropriate to carry out its responsibilities, hereunder.

§ 27-11.20 Enforcement of Affordable Housing Regulations.

[Ord. No. 775-2018 § 27-11.5]

Upon the occurrence of a breach of any of the regulations governing the affordable unit by an Owner, Developer or Tenant, the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.

After providing written notice of a violation to an Owner, Developer or Tenant of a low- or moderate-income unit and advising the Owner, Developer or Tenant of the penalties for such violations, the municipality may take the following action against the Owner, Developer or Tenant for any violation that remains uncured for a period of sixty (60) days after service of the written notice:

The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations governing the affordable housing unit. If the Owner, Developer or Tenant is found by the court to have violated any provision of the regulations governing affordable housing units the Owner, Developer or Tenant shall be subject to one or more of the following penalties, at the discretion of the court:

A fine of not more than five hundred ($500.00) dollars or imprisonment for a period not to exceed ninety (90) days, or both. Each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense;

In the case of an Owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment to the Borough of Avalon of the gross amount of rent illegally collected and appropriately earmarked for affordable housing purposes;

In the case of an Owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the court.

The municipality may file a court action in the Superior Court seeking a judgment, which would result in the termination of the Owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if the same were a judgment of default of the First Purchase Money Mortgage and shall constitute a lien against the low- and moderate-income unit.

Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the low- and moderate-income unit of the violating Owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any First Purchase Money Mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating Owner shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale.

The proceeds of the Sheriff's sale shall first be applied to satisfy the First Purchase Money Mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating Owner shall be personally responsible for and to the extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the municipality for the Owner and shall be held in such escrow for a maximum period of two (2) years or until such earlier time as the Owner shall make a claim with the municipality for such. Failure of the Owner to claim such balance within the two (2) year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the Owner or forfeited to the municipality.

Foreclosure by the municipality due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to the low- and moderate income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The Owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.

If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the First Purchase Money Mortgage and any prior liens, the municipality may acquire title to the low- and moderate-income unit by satisfying the First Purchase Money Mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the First Purchase Money Mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low- and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.

Failure of the low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the Owner to accept an offer to purchase from any qualified purchaser which may be referred to the Owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- and moderate-income unit as permitted by the regulations governing affordable housing units.

The Owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the Owner.

§ 27-11.21 Appeals.

[Ord. No. 775-2018 § 27-11.5]

Appeals from all decisions of an Administrative Agent designated pursuant to this section shall be filed in writing with the Borough.

§ 27-11.22 Procedure on Appeal.

[Ord. No. 775-2018 § 27-11.5]

Any appeal from the decision of an Administrative Agent shall be filed within thirty (30) calendar days of the date of the decision being appealed. Such appeal shall be in writing and state the grounds for the appeal.

Such appeal shall be heard by a Hearing Committee which shall consist of the Business Administrator, Borough Chief Financial Officer, and the Tax Assessor. The Business Administrator shall act as Chairperson of the Hearing Committee. A hearing before the Committee shall be scheduled promptly and concluded within thirty (30) calendar days from the filing of the Notice of Appeal unless additional time is required for good cause. The decision of the Hearing Committee shall be in writing and filed with the Borough Clerk and a copy provided to the appellant.

If the appellant is still aggrieved by the decision of the Hearing Committee, a further appeal may be taken to Borough Council. Any such appeal shall be in writing stating the grounds of the appeal and filed with the Borough Clerk within fifteen (15) calendar days of the decision by the Hearing Committee. The President of Borough Council shall then schedule the matter for a hearing before Borough Council. Such appeal shall be heard as promptly as possible and Borough Council shall then render its decision by Resolution.

In lieu of an appeal hearing before the full Borough Council, Borough Council may:

Appoint a subcommittee of Council to hear and determine the appeal; or

Refer the matter to a Hearing Officer to conduct a hearing at the conclusion of which the Hearing Officer shall render his/her decision in writing with the Borough Council with a copy to the appellant. Borough Council shall, within thirty (30) calendar days thereafter either accept, reject or modify the initial decision of the Hearing Officer.

The decision of Borough Council, whether made by the full Council or by a subcommittee thereof, or on the Initial Decision of the Hearing Officer shall constitute a final decision on the appeal.

§ 27-12 MANDATORY AFFORDABLE HOUSING SET ASIDE ORDINANCE.

§ 27-12.1 Procedural History.

[Ord. No. 776-2018]

WHEREAS, the New Jersey Council on Affordable Housing ("COAH") has promulgated rules, set forth at N.J.A.C. 5:93 and 5:91, concerning the substantive and procedural requirements for obtaining third round substantive certification of the Borough's Housing Element and Fair Share Plan; and

WHEREAS, on March 10, 2015, the Supreme Court transferred responsibility to review and approve housing elements and fair share plans from COAH to designated Mt. Laurel trial judges within the Superior Court; and

WHEREAS, on July 6, 2015, the Borough submitted a Declaratory Judgment Action to NJ Superior Court; and

WHEREAS, on December 21, 2017, the Borough entered into a Settlement Agreement with Fair Share Housing Center resolving the determination of Borough's Third Round obligation and setting forth the Borough's preliminary compliance plan; and

WHEREAS, on March 15, 2018, the NJ Superior Court approved the Settlement Agreement between the Borough and Fair Share Housing Center; and

WHEREAS, conditions of the Court-approved Settlement Agreement require the Borough to update its affordable housing ordinances to be in compliance with current rules and to implement a Borough-wide affordable housing inclusionary zoning set-aside requirement.

§ 27-12.2 Requirements.

[Ord. No. 776-2018]

The Code of the Borough of Avalon is hereby supplemented to add a Mandatory Affordable Housing Set-Aside throughout the Borough of Avalon, as follows:

MANDATORY AFFORDABLE HOUSING SET-ASIDE ORDINANCE

All multi-family residential development, including the residential portion of a mixed-use project, which consists of five (5) or more new residential units, whether permitted by a zoning amendment, a use variance granted by the Zoning Board, or adoption of a Redevelopment Plan or amended Redevelopment Plan in areas in need of redevelopment or rehabilitation, shall require that an appropriate percentage of the residential units be set aside for low and moderate income households.

This requirement shall not apply to residential expansions, additions, renovations, replacement, or any other type of residential development that does not result in a net increase in the number of dwellings of five (5) or more.

For inclusionary projects in which the low and moderate units are to be offered for sale, the set-aside percentage should be twenty (20%) percent; for projects in which the low and moderate income units are to be offered for rent, the set-aside percentage should be fifteen (15%) percent.

The developer shall provide that half of the low- and moderate-income units constructed be affordable by low-income households and that the remaining half be affordable by moderate-income households. At least thirteen (13%) percent of all restricted units shall be very low-income units (affordable to a household earning thirty (30%) percent or less of median income). The very-low income units shall be counted as part of the required number of low-income units within the development.

Subdivision and site plan approval shall be denied by the board unless the developer complies with the requirements to provide low- and moderate-income housing pursuant to the provisions of this section. A property shall not be permitted to be subdivided so as to avoid meeting this requirement. The board may impose any reasonable conditions to ensure such compliance.

Nothing in this paragraph precludes the Borough from imposing an affordable housing set aside in a development not required to have a set-aside pursuant to this paragraph consistent with N.J.S.A. 52:27D-311(h) and other applicable law.

This requirement does not create any entitlement for a property owner or applicant for a zoning amendment, variance, or adoption of a Redevelopment Plan or amended Redevelopment Plan in areas in need of redevelopment or rehabilitation, or for approval of any particular proposed project.

This requirement does not apply to any sites or specific zones otherwise identified in the Fair Share Plan, for which density and set-aside standards shall be governed by the specific standards set forth therein.

§ 27-13 ACCESSORY APARTMENTS IN THE B-1 ZONING DISTRICT.

§ 27-13.1 Procedural History.

[Ord. No. 777-2018]

The procedural history is set forth in Section 27-12.1 of this chapter and incorporated by reference.

§ 27-13.2 Affordable Housing Programs.

[Ord. No. 777-2018]

The Borough of Avalon has determined that it will use the following mechanisms to satisfy its affordable housing obligations:

Accessory Apartment Program.

All accessory apartments shall meet the following conditions:

Accessory apartments are permitted by the Zoning Ordinance in the B-1 district, provided the units are affordable to low- and moderate-income households. Accessory apartments may be developed as low-income or moderate-income units (accessory apartments may be limited to only low- or only moderate-income units as determined in the Fair Share Plan).

Accessory apartments shall comply with all applicable statutes and regulations of the State of New Jersey in addition to all building codes.

At the time of initial occupancy of the unit and for at least ten (10) years thereafter, the accessory apartment shall be rented only to a household which is either a low- or moderate-income household.

Rents of accessory apartments shall be affordable to low- or moderate-income households as per COAH and UHAC regulations,

There shall be a recorded deed or declaration of covenants and restrictions applied to the property upon which the accessory apartment is located running with the land and limiting its subsequent rental or sale of the unit and the accessory apartment.

The appropriate utility authority must certify that there is water and sewer infrastructure with sufficient capacity to serve the proposed accessory apartment. Where the proposed location is served by an individual well and/or septic system, the additional capacity necessitated by the new unit must meet the appropriate NJDEP standards.

The Borough of Avalon accessory apartment program shall not restrict the number of bedrooms in any accessory apartment.

No accessory apartment created as a result of this section or these regulations shall exceed the gross floor area of the existing principal dwelling on the lot.

Municipal building permit fees shall be waived in all cases involving affordable accessory apartment development under this section. An annual license and inspection fee, if required, shall be paid by unit owners.

Administrative Entity.

The Borough of Avalon shall designate an administrative entity to administer the accessory apartment program that shall have the following responsibilities:

The Administrative Agent shall administer the accessory apartment program, including advertising, income qualifying prospective renters, setting rents and annual rent 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 affordable accessory apartment program in accordance with the UHAC.

The administrative entity shall only deny an application for an accessory apartment if the project is not in conformance with COAH's requirements and/or the provisions of this section/Article. All denials shall be in writing with the reasons clearly stated.

In accordance with COAH requirements, the Borough of Avalon shall provide at least thirty thousand ($30,000.00) dollars per unit to subsidize the creation of each very low-income accessory apartment, twenty-five thousand ($25,000.00) dollars per unit to subsidize the creation of each low-income accessory apartment, or twenty thousand ($20,000.00) dollars per unit to subsidize the creation of each moderate-income accessory apartment. Subsidy may be used to fund actual construction costs and/or to provide compensation for reduced rental rates.

Owners Application Process.

Property owners wishing to apply to create an accessory apartment shall submit to the administrative entity:

A sketch of floor plan(s) showing the location, size and relationship of both the accessory apartment and the primary dwelling within the building or in another structure;

Rough elevations showing the modifications of any exterior building facade to which changes are proposed; and

A site development sketch showing the location of the existing dwelling and other existing buildings; all property lines; proposed addition, if any, along with the minimum building setback lines; the required parking spaces for both dwelling units; and any man-made conditions which might affect construction.

§ 27-14 OVERLAY OF THE B-1 ZONING DISTRICT.

§ 27-14.1 Procedural History.

[Ord. No. 778-2018]

The procedural history is set forth in Section 27-12.1 of this Chapter and incorporated by reference. In addition, the conditions of the Court-approved Settlement Agreement require the Borough to update the Municipal Zoning Ordinance to create an overlay of the B-1 District that permits inclusionary zoning.

§ 27-14.2 Inclusionary Housing Overlay District.

[Ord. No. 778-2018]

The Code of the Borough of Avalon is hereby supplemented to add the Inclusionary Housing Overlay District.

Principal Uses.

All principal uses permitted in the B-1 District.

Multi-family housing units, with the exception of those located on the first floor.

Conditional Uses.

None

Accessory Uses.

All accessory uses permitted in the B-1 District.

Bulk Requirements (Principal Uses).

All bulk requirements set forth in the B-1 District shall be applicable in the Inclusionary Housing Overlay, unless otherwise stated below.