Borough of Avon-by-the-Sea, NJ District Zoning Regulations

arrow_back

Article IV District Zoning Regulations

arrow_forward

§ 113-10 Regulations Applying to All Zones.

§ 113-11 R - Single-Family Residential District

§ 113-11.1 R Single-Family Residential District - Development process.

§ 113-12 GC - General Commercial District.

§ 113-13 M-O/R - Mixed Office/Residential District

§ 113-14 DC - Downtown Commercial District.

§ 113-15 B - Beach District.

§ 113-16 MLC - Mount Laurel Compliance.

§ 113-10 Regulations Applying to All Zones.

Conformity required. No building shall hereafter be used, erected, altered, converted, enlarged, added to, moved or reduced, wholly or in part, nor shall any land be designed, used or physically altered for any purpose or in any manner except in conformity with this chapter. Where a lot is formed from part of a lot already occupied by a building, such subdivision shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing building and all yards and other open space in connection therewith and so that all resulting lots have adequate dimensions consistent with the requirements of the zoning district in which they are located and so that all lots have frontage on a street. The provisions of this chapter shall not apply to any lands or buildings owned, leased or used by the Borough of Avon-by-the-Sea.

Nonconformity; variance. Except as hereinafter provided, no building or structure or part thereof shall hereinafter be erected, structurally altered, enlarged or rebuilt except in conformity with the lot dimension, yard, coverage, height and spacing regulations herein prescribed. Any building or structure that does not conform to such regulations, hereinafter referred to as the building regulations of this chapter, shall be deemed a nonconforming structure, irrespective of the use to which it is put. Any nonconforming structure may be expanded or altered without the need for a variance provided the expansion or alteration does not expand any existing nonconforming condition or create a new nonconforming condition. Building variances granted by the appropriate municipal agency shall be deemed to be conforming structures or uses.

Continuance of nonconformance. Any legally established existing use of a building or structure, lot or land, or part thereof, at the time of adoption of this chapter, which use constitutes a nonconforming use under the provisions of this chapter may be continued.

No yards, off-street parking and loading and open space to be used for another building. No yard, or part thereof, or any other open space, or off-street parking or loading space required, about, or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

Reduction in dimension or area prohibited. No yard, lot, open space, parking or loading area or other areas required by this chapter that existed at the time of passage of this chapter shall be reduced in dimension 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 established by this chapter.

No buildings in yards. Except as hereinafter specified in this chapter, yards required by this chapter shall be entirely free of buildings or parts thereof.

Projections. Cornices and eaves, chimneys and bay windows shall not project more than two feet over any required yard or court except that no such projection shall be closer than three feet to a lot line. Any projection over two feet shall be considered part of the principal building and shall conform to all setbacks.

Ornamental features. Sills, leaders, belt courses and similar ornamental or structural features shall not project more than six inches into any required yard.

Outside display. No outside display of wares for sale, vending machines, or products manufactured on the site shall be permitted on any lot, except as otherwise permitted by this chapter.

Roof structures. Roof structures such as mechanical equipment, water towers, etc. shall be screened from public view, or designed, in such a fashion as to complement the architecture of the building.

Specific prohibition. All uses not specifically permitted in a zone are specifically prohibited in that zone.

Temporary sales. No vending carts, vehicles or structures for temporary sales of any goods shall be permitted on any lot unless a site plan has been approved by the municipal agency.

Hazardous areas. No dwelling or principal structure shall be erected on land which is unsuitable for improvement because it is subject to hazards to life, health, or property, unless the owner agrees to take approved adequate measures to eliminate such hazards.

Such approval must be obtained from the Planning Board. The Board shall make or instigate adequate investigation by a recognized, trained or licensed authority before granting approval and only after a public hearing thereon. Expense incurred for such investigation must be paid for by the applicant, and no certificate or permit shall be issued until payment in full is received. The exception to the above would apply to structures necessary for access and safety such as bridges, culverts, or protective walls and fences or for accessory agricultural structures, such as irrigation facilities, dependent upon access to water.

Compliance with bulk standards. Any use not permitted in a zone but for which approval is given by the Planning Board shall comply with the bulk standards of the most restrictive zone in which the use is permitted, as determined by the Zoning Officer. If the use is not permitted in any zone within the Borough, the standards applying to the most restrictive zone within which a similar use is permitted, as determined by the Zoning Officer, shall apply. Where no such similar use exists, the standards of the subject zone shall apply.

Flags and pennants. Any multiple number or string of flags or pennants for display or to attract attention shall not be permitted in any zone. Temporary use of a string of flags or pennants for grand openings only may be permitted for a period not to exceed 30 days upon approval of the Zoning Official. Storefronts in the Downtown Commercial District are permitted to have a single sandwich/menu-board-style sign not to exceed four feet in height and two feet in width and located not to exceed three feet from the front wall of the storefront or three feet from the curbline. All proposed flags, sandwich boards and pennants require a zoning permit.

[Amended 3-9-2020 by Ord. No. 2-2020]

Use and occupancy of detached dwellings by families only.

(1)

Use and occupancy regulations. For the reasons stated in paragraph (2) below, the use and occupancy of individual dwelling units throughout all districts shall be restricted to families only as defined in this subsection.

(2)

Purpose. The preservation of "family style living" and the preservation of the character of residential neighborhoods as such are legitimate zoning goals. The Borough of Avon is concerned with maintaining the stability and permanence generally associated with single family occupancy throughout its residential neighborhoods. A municipality may endeavor, by legitimate means, to secure and maintain the blessings of quiet seclusion and to make available to its inhabitants the refreshment of repose and the tranquility of solitude. The Borough of Avon-by-the-Sea possesses these goals and, by the regulation herein contained, implements them in a manner which bears a reasonable relationship to the problem sought to be resolved. That problem is the use and occupancy of single family dwellings interspersed among the residential neighborhoods of the community, by groups of individuals whose living arrangements, although temporarily in the same dwelling unit, are transient in nature and do not possess the elements of stability and permanency which have long been associated with single family occupancy. Such living arrangements are not compatible with the family style living sought to be preserved. Such occupancies are in the nature of rooming houses, boarding homes, hotels, motels, and the like. Such uses do not meet the definition of family as contained in this subsection and are prohibited in detached dwellings in all residential zones. This subsection provides zoning classifications that allow for ample apartment and townhouse uses, and there are presently many such uses in existence through the Borough. Ample housing exists within the Borough of Avon-by-the-Sea for those who choose to live under arrangements that do not meet the definition of family as provided in this subsection.

The business of selling medicinal cannabis and/or paraphernalia that facilitates the use of such cannabis is expressly prohibited in all zones in the Borough of Avon-by-the-Sea.

[Added 1-14-2019 by Ord. No. 19-2018; amended 3-22-2021 by Ord. No. 06-2021]

Elevated buildings. Any building elevated above grade by the use of pilings or similar supports shall contain a perimeter enclosure maintaining a desirable visual environment for the space from grade to the first floor of the building. Such enclosure shall be in full conformance with any requirements of the Borough's Flood Insurance Ordinance and any state and federal codes, including, but not limited to, FEMA's National Flood Insurance Program and the New Jersey Uniform Construction Code.

[Added 3-9-2020 by Ord. No. 2-2020]

Areas of special flood hazard. Any structure within the Borough's areas of special flood hazard, as defined by the Borough's Flood Damage Prevention chapter (Chapter 104), shall meet the requirements of Chapter 104, Flood Damage Prevention, and all other applicable state and federal regulations. The lowest floor elevation of all buildings located in the flood hazard area (1% annual chance of flooding) as shown in the Borough's Flood Hazard Map shall be set above the base flood elevation (BFE) by the amount designated in Chapter 104.

[Added 3-9-2020 by Ord. No. 2-2020]

Trash and recyclable storage.

[Added 3-9-2020 by Ord. No. 2-2020]

(1)

For residential properties with rear or side yards abutting a lane, a dedicated area, near the lane, shall be provided for trash and recycling receptacles. The area shall be accessible from the lane without having to go through any yard gates. The Department of Public Works employees are not permitted to enter any yard area, through any gates or doors, for trash or recycling pickup. Trash and recycling receptacles must be stored within the property line of the property and are not permitted to be located or stored in the lane area or Borough right-of-way.

(2)

For commercial or residential properties that do not have rear or side yards abutting a lane, contact the Avon-by-the-Sea Department of Public Works Superintendent for direction on trash and recycling receptacle storage location and pickup.

Pursuant to the New Jersey Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act (“Act”),[1] the growing, cultivating, processing and selling and reselling of cannabis and cannabis items; operating to transport in bulk cannabis items by a cannabis grower, cannabis processor, cannabis wholesaler, or cannabis distributor, and selling and distributing of cannabis items to consumers from a retail store by a cannabis retailer, as these terms and activities are defined by the Act, and operating a cannabis consumption area are expressly prohibited in all zones in the Borough of Avon-by-the-Sea. This section applies to all classes of cannabis establishment and cannabis distribution, including Class 1 cannabis grower license; Class 2 cannabis processor license; Class 3 cannabis wholesaler license; Class 4 cannabis distributor license; Class 5 cannabis retailer license; and Class 6 cannabis delivery license.

[Added 3-22-2021 by Ord. No. 06-2021]

[1]

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

§ 113-11 R - Single-Family Residential District

Principal permitted uses on land and in buildings:

(1)

Single-family detached dwelling unit.

(2)

Public playgrounds, parks and public purpose uses.

Accessory buildings, structures and uses permitted:

(1)

Private residential swimming pools (see § 113-25 for standards).

(2)

A maximum of one detached residential garage measuring no more than 26 feet in width and depth, for the purpose of housing no more than two vehicles and for the secondary purpose of the storage of household items and belongings. Carports are specifically prohibited.

[Amended 3-9-2020 by Ord. No. 2-2020]

(3)

No more than one shed not to exceed 100 square feet in floor area. Sheds shall maintain a minimum three-foot side and rear yard setback. For lots that abut a lane, a shed must maintain the minimum rear setback of a garage (six feet).

[Amended 3-9-2020 by Ord. No. 2-2020]

(4)

Fences and walls (see § 113-18).

(5)

Piers, docks and boat mooring slips.

(6)

Decks, patios and porches.

(7)

Antennas not to exceed three feet in height, and television "dish" antennas not to exceed 24 inches in any one dimension.

(8)

No more than one trellis not to exceed 100 square feet in floor area.

[Added 5-9-11 by Ord. No. 6-2011]

(9)

Flagpole. Each residential lot may have one flagpole not to exceed 30 feet in height.

[Added 3-9-2020 by Ord. No. 2-2020]

(10)

Seasonal outdoor shower. One seasonal outdoor shower with a maximum height of eight feet, attached to the main dwelling or accessory garage, shall be permitted.

[Added 3-9-2020 by Ord. No. 2-2020]

(a)

A seasonal outdoor shower shall not be allowed in any front yard area and shall meet the required setbacks for the structure that it is attached to.

(b)

Seasonal outdoor showers 18 square feet or less shall not be included in lot coverage, building.

Additional requirements.

[Amended 5-9-11 by Ord. No. 6-2011; 1-30-12 by Ord. No. 3-2012; 3-9-2020 by Ord. No. 2-2020]

(1)

Minimum lot requirements:

Lot area: 7,000 square feet.

Lot width: 50 feet.

Lot depth: 100 feet.

(2)

Minimum setback requirement—principal building:

Front yard setback: See note (a).

Rear yard setback: 25 feet.

Side yard setback (each): 10% of lot width or minimum of six feet, whichever is greater. Aggregate of two side yards: 30% of lot width.

Note:
(a)	The front yard shall be determined on the basis of the average front yard depth within the block facing the same street as the subject property (or adjacent block if there are no existing buildings in the block). For new construction, the subject site shall not be included in the calculation.

(3)

Maximum coverage.

(a)

Lot coverage, building.

[1]

For lots over 5,000 square feet:

[a]

26% if no detached garage provided.

[b]

31% lot coverage if detached garage provided; however, the principal structure shall not exceed 26%. (Exception: 29% lot coverage if detached garage is garage apartment; however the principal structure shall not exceed 23%.)

Note: A 4% increase in building lot coverage is allowed if a covered front porch is provided. However, the house and garage portion of the lot coverage may not exceed the coverage percent allowed above without a front porch.

[2]

For lots 5,000 square feet and less: 35%.

(b)

Lot coverage, pervious (minimum), Single-Family Residential District: A minimum of 50% of the lot must consist of pervious surfaces, such as natural grass, landscaping, etc. Artificial landscaping and artificial grass surfaces, and pervious decks shall not be included as part of the minimum 50% pervious surface requirement. Exception: Air-conditioning units and emergency generators may be included in the minimum 50% pervious surface calculation.

(4)

Maximum building height.

(a)

No principal building located on a lot that conforms to the minimum lot width requirements of § 113-11C(1) shall exceed 35 feet in height. Maximum permitted building height of a principal building located on a lot that has less than the minimum lot width or the minimum lot depth requirement shall be reduced by a percentage equal to the percent of lot width or depth deficiency, except that the maximum permitted height of any principal building on any lot shall not be less than 28 feet. If both lot width and lot depth are deficient, then the greater percentage deficiency shall control to the height limitation listed above. Width, for example: A principal building on a lot with a lot width of 45 feet shall have a maximum permitted height of 31.5 feet; 10% lot width deficiency results in a reduction of the building height by 10% of 35 feet or 3.5 feet. No principal building on any lot shall exceed 2.5 stories above grade.

(b)

No detached garage shall exceed 18 feet in height.

(c)

No shed or other accessory building shall exceed eight feet in height.

(5)

Minimum required ground floor area.

(a)

One-story single-family detached dwelling unit: 1,020 square feet.

(b)

Single-family detached dwelling units over one story: 630 square feet.

(6)

Accessory buildings, structures, and uses. Accessory structures intended for use or occupancy and located on or above ground, including swimming pools, patios, and decks, shall not be located in any front yard, must maintain the required side setback of the principal structure and shall maintain a minimum six-foot rear yard setback unless otherwise stated in this chapter. Fences are specifically not covered by this restriction and are governed by Article V or this chapter. Driveways shall maintain a three-foot side yard setback.

(7)

Attached residential garages. No attached residential garage shall be intended for the storage of more than two vehicles. Attached garages shall not be permitted if the property contains access to a lane. Where attached garages are permitted, the maximum height of that portion of the principal structure shall be limited to 18 feet.

(8)

Detached residential garages. The roof of a detached garage shall be limited to a "gable" or "hip" style roof. A garage roof may have one or two window dormers in each side, of which no window shall be larger than four feet in width, and may, in total, be no more than 33 1/3% of the total length of the roof. No bathrooms or kitchens shall be permitted within a detached garage.

(9)

Decks, patios, porches.

(a)

Decks, pervious. Pervious decks shall not be permitted in the front yard. (Exception: Pervious decks shall be permitted in front yards facing a river or lake.) Pervious decks shall be limited to the ground level. Pervious decks shall meet the setback requirements of the principal structure. Pervious decks shall not be permitted to be included as part of the minimum 50% pervious surface requirement.

(b)

Decks, impervious. Impervious decks shall be permitted as follows:

(i)

First-floor impervious deck: no ground-level decks in the front yard. (Exception: Decks shall be permitted in front yards facing a river or lake.) Side and rear yard ground-level decks may be covered with a roof structure (aka, "porch"). Size shall be governed by building lot coverage.

(ii)

Second-floor impervious deck: permitted above any approved porch or portion of the principal building that is located behind the required yard setback. Only the portion of deck located behind wall of principal building may be covered with a roof structure. Size shall be governed by area of approved porch below, plus up to 125 square feet of deck area behind walls of principal structure below.

(iii)

Third-floor impervious deck: permitted provided that deck does not extend beyond the wall of the principal building. Deck may be covered with a roof structure. Size shall be limited to 80 square feet of deck area.

(iv)

No decks shall be permitted above the highest floor level of the structure.

(10)

Exterior air-conditioning units and emergency generators. No exterior air-conditioning unit or emergency generator shall be located closer than five feet to any adjacent lot line or located in a front yard. Generator units shall not exceed 15 square feet in plan area. Exception: The Zoning Officer has the authority, based on his discretion, in considering the hardship of a particular lot to allow such units to be placed in the front yard on corner lots and undersized (< 7,000 square feet) noncorner lots. Such approved locations must be screened with landscaping.

(11)

Guidelines for the renovation of preexisting nonconforming garage apartments.

(a)

All garage apartments shall have pitched roofs and no dormers shall be permitted.

(b)

Applicants shall provide justification for the height of the building, but in no instance shall the height of a building exceed 26 feet.

(c)

Living area shall be permitted on the second floor only.

(d)

Outdoor stairways providing access to the second floor shall be prohibited.

(12)

Guidelines for the renovation of preexisting nonconforming cottages and bungalows.

(a)

All cottages and bungalows shall have pitched roofs.

(b)

Applicants shall provide justification for the height of the building.

(c)

Living area shall be permitted on the first floor only.

(d)

Site plan approval by the Planning Board shall be required prior to renovations or reconstruction of nonconforming uses.

(13)

Roof pitch. All roofs shall have a minimum pitch of five vertical to 12 horizontal. Exception: First-floor porch roofs may contain a minimum roof pitch of three vertical to 12 horizontal.

Conditional uses. Accessory apartments for low and moderate income households in single family homes and accessory buildings, provided:

(1)

The owner of the lot resides on a year-round basis on the property in question;

(2)

The lot conforms to the area and dimensional requirements of the zoning district;

(3)

The location of the apartment conforms to the yard requirements of the zoning district;

(4)

There shall be no more than one (1) accessory apartment on any lot;

(5)

The accessory apartment shall be in full compliance with all applicable health and construction codes;

(6)

No accessory apartment may occupy more than thirty-five (35%) percent of the total square footage of the applicant's house;

(7)

Each apartment shall have a minimum of two (2) rooms (excluding bathrooms) and have direct access to the outside or a hall with direct access to the outside. The egress door shall not alter the character of the exterior façade of the structure containing the apartment;

(8)

The occupant of the apartment must meet the income limitations established by COAH for the Mercer-Monmouth-Ocean Housing Region;

(9)

The rent must be affordable to a household earning no more than fifty-seven and five-tenths (57.5%) percent of median income as determined by the procedures in the Borough's Affordable Housing Ordinance (Chapter 114);

(10)

Affordability controls of at least thirty (30) years shall be imposed on the accessory apartment via a deed restriction or other instrument acceptable to the Borough Attorney;

(11)

A condition of approving an accessory apartment shall be that the owner must submit an affidavit of continuing use every two (2) years; and

(12)

The Borough has not met its 1987-1999 housing obligation.

§ 113-11.1 R Single-Family Residential District - Development process.

[Added 3-9-2020 by Ord. No. 2-2020]

Development application - new residential construction.

(1)

A residential development application shall contain the following:

(a)

Residential development zoning application.

(b)

Site plan showing all proposed buildings. It must include all required setback calculations, dimensions and coverage calculations in square feet and percent of coverage.

(c)

All plans shall designate all proposed site structures, elements and amenities, including, but not limited to: structures (including sheds, trellises), outdoor showers, mechanicals, generators, decks, patios, walks, driveways, off-street parking, fences, walls, landscaping, improvements, etc. Plans shall also include a detailed breakdown of lot coverage and building coverage, including square feet and percentage for each item.

(d)

Must show location with reference to existing structures on adjacent lots. All streets and lanes shall be clearly marked.

(e)

A final as-built survey with a detailed breakdown of lot coverage and building coverage, including square feet and percentage for each item, shall be reviewed and approved prior to the issuance of a certificate of occupancy.

(f)

Renderings of proposed buildings, which include the following:

[1]

East, west, north and south views.

[2]

Roof pitches.

[3]

Dimensions and floor elevations in relation to the crown of the road in the center of the property. (For accessory buildings adjacent to lanes, the dimension will be the average height of the lane in the center of the property.)

[4]

Depth of any basements, and shall clearly mark the seasonal high-water mark as determined by a soil boring report.

Minor land use development application - residential construction (additions, alterations, porches, decks, etc.).

(1)

Minor land use development application - required for all building improvements.

Site development permit application - required for all:

(1)

Landscaping.

(2)

Fencing.

(3)

New and replacement of existing pervious surfaces (walkways, driveways, patios, etc.).

(4)

Sandwich boards, pennants and flags.

Application fees - residential development zoning application:

(1)

Application fee: $150.

(2)

Engineering fee: $150.

(3)

Minor land use zoning application: $50.

(4)

Site development zoning application: $25.

§ 113-12 GC - General Commercial District.

It is the purpose of the General Commercial Zone to substantially upgrade the appearance of the northern one-third of the Main Street Corridor; to provide neighborhood type retail services oriented to the needs of the residents of the Borough; to provide general and professional office uses to compliment the retail uses; and to provide adequate off-street parking for all permitted uses.

Principal permitted uses on the land and in buildings.

(1)

The following retail sales of goods and services:

Advertising agency.

Advertising specialty office.

Antique store.

Apparel.

Appliance store.

Art gallery.

Artist's supply.

Audiovisual equipment.

Bakery store.

Bank.

Barbershop.

Beauty and cosmetic shop.

Bicycle store.

Books, periodicals and newspaper sales.

Business equipment sales.

Butcher store or meat market (no slaughtering permitted).

Camera and/or photographic supply store.

Candy store.

Ceramic store.

China store.

Cigars and tobacco sales.

Cleaners' pick-up or laundry pick-up (no processing on premises).

Child care center.

Coin dealer.

Cosmetic store.

Costume rental and sales.

Credit union office.

Curtain store.

Delicatessen.

Employment agency.

Electrical supplies.

Fabric store.

Finance company.

Floor covering.

Florist.

Food products.

Furniture sales.

General office buildings.

Gift store.

Glassware.

Greeting card store.

Grocery store.

Hardware.

Hobby store.

Home furnishings.

Home improvement office.

Household appliance.

Ice cream store.

Interior decorator.

Jewelry store.

Leather goods and luggage.

Liquor store.

Locksmith.

Major appliance sales.

Medical and dental offices.

Musical instrument store.

Office equipment and supplies.

Optical goods.

Paint, glass and wallpaper store.

Pet shop (including pet grooming).

Pharmacy.

Phonographic sales and service.

Photographic studio.

Printers' office and establishment.

Physical culture and health establishments.

Professional office.

Real estate and insurance.

Record store.

Reducing salon.

Seafood store.

Shoe and hat repair.

Specialty food store.

Sporting goods store.

Stamp and coin store.

Stationery store.

Surgical and medical supplies sales.

Tailor.

Telephone answering service.

Television, radio, electronics, sales and service.

Toy store.

Travel agency.

Travel ticket office.

Telephone and telegraph office.

Uniform rental and sales.

Variety store.

(2)

Public uses.

Conditional uses permitted.

(1)

Restaurants (sit down only), taverns.

(2)

Public utility uses.

(3)

Accessory apartments provided:

(a)

At least half the apartments are affordable to low or moderate income households.

(b)

The apartment is located above the first floor;

(c)

The building containing the apartment conforms to the height limitations and yard requirements established within the zoning district;

(d)

The apartment shall be in full compliance with all applicable health and construction codes;

(e)

Each apartment shall have a minimum of two (2) rooms (excluding bathrooms) and have direct access to the outside or a hall with direct access to the outside;

(f)

The occupant of the apartment must meet the income limitations established by COAH for the Mercer-Monmouth-Ocean Housing Region;

(g)

The average rent for a low or moderate income apartment must be affordable to a household earning no more than fifty-seven and five-tenths (57.5%) percent of median income as determined through the procedures outlined in the Borough's Affordable Housing Ordinance.[1] If more than one (1) apartment is proposed for any property, at least fifty (50%) percent of all apartments shall be affordable to low income households earning no more than forty-four (44%) percent of median income. The other half of the affordable units shall be affordable to moderate income households earning no more than seventy-one (71%) percent of median income. Avon may permit owners to fund the entire cost of a regional contribution agreement in lieu of constructing moderate income housing units. The Borough Planning Board shall require evidence that a municipality in the Mercer-Monmouth-Ocean Housing Region is willing to accept the regional contribution agreement at a cost that equals or exceeds COAH minimum standard for a regional contribution agreement as a condition of accepting a payment in lieu of construction of a moderate income unit. Where the Borough permits an applicant to fund a regional contribution agreement, the applicant shall be able to replace the moderate-income unit with a market unit. For purposes of illustration, where an applicant is proposing to construct four (4) apartments, one (1) must be affordable to a low-income household and one (1) must be affordable to a moderate-income household. The Borough may allow the applicant to fund a regional contribution agreement for the moderate income housing unit and construct three (3) market units and one (1) low income unit on site.

[1]

Editor's Note: See Chapter 114, Affordable Housing.

(h)

Affordability controls of at least thirty (30) years shall be imposed on the accessory apartment via a deed restriction acceptable to the Borough's attorney;

(i)

A condition of approving an accessory apartment shall be that the owner must submit an affidavit of continuing use every two (2) years;

(j)

The Borough has not addressed its 1987-1999 housing obligation;

(k)

Outdoor cooking facilities on balconies and terraces are prohibited;

(l)

No room within a dwelling unit intended for human habitation shall be located in a cellar, basement, or attic except that centralized laundry facilities or individually arranged storage areas may be so located;

(m)

All television antenna equipment shall be built into the building to eliminate individual antennas being erected on the roof;

(n)

Air conditioning of the units shall be designed to eliminate the need for air conditioning units extending from the exterior wall;

(o)

Outside washing or drying of clothes is prohibited, as is the utilization of balconies or terraces for such purposes. Each building shall provide at least one (1) washer and dryer for each five (5) dwelling units for the exclusive use of the occupants of the development, unless each unit is provided with a washer and dryer;

(p)

Off-street parking is limited to the privately owned, noncommercial or nonrecreational vehicles of residents or their guests;

(q)

Outdoor unenclosed storage of any item is prohibited. A suitable trash and recyclable storage area completely surrounded by a six (6) foot high solid fence with solid gates shall be provided, which may be combined with the trash and recyclable storage area for the commercial use of the property. All outside trash and recyclables shall be stored in this area and shall not be in public view over the fence height.

Accessory uses permitted.

(1)

Off-street parking (see § 113-21).

(2)

Fences and walls (see § 113-18).

(3)

Antennas not to exceed three (3) feet in height, and television "dish" antennas not to exceed twenty-four (24) inches in any one dimension.

Maximum height permitted. No building or structure shall exceed thirty-five (35) feet and three (3) stories except as otherwise specified in this chapter.

Area and yard requirements. See note (d)

Minimum Requirements	Retail, Service Office Uses in GC Zone
Lot area	7,000 square feet
Lot width	40 feet
Lot depth	N/A
Side yard (each)	See note (a)
Front yard	See note (b)
Rear yard	15 feet. See note (c)
Building coverage	50%
Impervious coverage	85%

Notes:
(a)	In order to encourage an end product that provides parking, access and architectural continuity even where development occurs piecemeal and with diverse ownership, buildings may be attached and may be built to the interior side lines(s) in order to be attached. Attached buildings may include two (2) walls, which must be keyed to each other. Where buildings are built to both side lot lines, the site plan shall be accompanied by appropriate legal material and plans showing properly located loading spaces and trash receptacles with permitted access across adjacent properties. If structures are not attached, the side yard(s) shall be five (5) feet.
(b)	The front yard shall be determined on the basis of the average front yard depth within the block (or nearest adjacent block to the site if there are no existing buildings in the block). For construction of a new building, the applicant's property shall be excluded from the calculation.
(c)	No provision stipulated herein shall prohibit a permitted use from being situated adjacent to a railroad right-of-way for purposes of loading and unloading materials.
(d)	Minimum and maximum requirements for public purpose uses shall be determined by the Board at the time of application, except that building height shall be as required in Subsection D above.

General requirements.

(1)

One (1) lot may contain more than one (1) principal building, and one (1) building or site may contain more than one (1) principal use provided that the total floor area of the building or buildings on the site does not exceed the maximum building coverage specified for the district.

(2)

For parking areas, at least the first five (5) feet adjacent to any street line shall not be used for parking and shall be planted and maintained in lawn area, ground cover, or landscaped with evergreen shrubbery and separated from the parking area by poured concrete curbing.

(3)

For retail commercial and service uses, merchandise or similar material may be displayed outside but no more than five (5) feet beyond any façade of a principal building. For all uses, any equipment stored outside shall be suitably screened from view.

(4)

All buildings shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes conforming to the Victorian theme of Main Street, and shall not include unpainted or painted cinder block or concrete block walls.

(5)

All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formation, contours, existing foliage and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas.

(6)

Trash and Recyclable Materials Storage Areas. An enclosed area shall be provided for the temporary storage of trash and recyclable refuse. The following details shall apply to the storage area.

(a)

Storage area floor pad shall be a six (6) inch thick concrete slab, reinforced using 6/6/12/12 welded wire fabric.

(b)

Enclosure walls/fencing shall be a six (6) foot high solid fence or wall with a self closing gate.

(c)

All enclosure gates shall be specified to be self-closing, self-latching, and capable of being fixed securely in the open position.

(d)

Trash and recyclable material storage areas may be located no less than five (5) feet from a rear or side property line. No storage area may be located in a front yard.

(7)

A minimum of ten (10%) percent of the total lot area shall be landscaped.

(8)

All tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building shall be located in a rear yard or on the roof of the building, and shall be screened from public view by architectural means such as wall, parapet, or fence that is compatible with the architectural design of the building. Slatted chain link fences shall not be permitted. For the purposes of this section, screened from view shall mean that the architectural element is uniform and at least seventy-five (75%) percent opaque, completely surrounds the equipment, and the top of the piece of equipment does not extend above the top of the architectural element.

Minimum off-street loading.

(1)

Each activity shall provide for off-street loading and unloading with adequate ingress and egress from streets and shall provide such area(s) at the side or rear of the building.

(2)

Loading area requirements may be met by combining the floor areas of several activities taking place under one roof and applying the ratios established in Article V of this chapter.

§ 113-13 M-O/R - Mixed Office/Residential District

It is the purpose of the Mixed Office/Residential Zone to maintain the existing character of the southern end of the Main Street corridor, to maintain the mix of office and residential uses that has defined that section of roadway; to provide general and professional office uses that are compatible with residential uses; and to provide adequate off-street parking for all permitted uses.

Principal permitted uses on the land and in buildings.

(1)

Garden apartment and townhouse uses.

(2)

Banks, including drive-thru facilities.

(3)

Offices and office buildings.

(4)

Public purpose uses.

Conditional uses permitted.

(1)

Public utility uses.

(2)

Marinas that provide docks, berths, slips, or tie-up for boats and small pleasure craft.

(3)

Accessory apartments provided:

(a)

At least half the apartments are affordable to low or moderate income households.

(b)

The apartment is located above the first floor;

(c)

The building containing the apartment conforms to the height limitations and yard requirements established within the zoning district;

(d)

The apartment shall be in full compliance with all applicable health and construction codes;

(e)

Each apartment shall have a minimum of two (2) rooms (excluding bathrooms) and have direct access to the outside or a hall with direct access to the outside;

(f)

The occupant of the apartment must meet the income limitations established by COAH for the Mercer-Monmouth-Ocean Housing Region;

(g)

The average rent for a low or moderate income apartment must be affordable to a household earning no more than fifty-seven and five-tenths (57.5%) percent of median income as determined through the procedures outlined in the Borough's Affordable Housing Ordinance. If more than one (1) apartment is proposed for any property, at least fifty (50%) percent of all apartments shall be affordable to low income households earning no more than forty-four (44%) percent of median income. The other half of the "affordable" units shall be affordable to moderate income households earning no more than seventy-one (71%) percent of median income. Avon may permit owners to fund the entire cost of a regional contribution agreement in lieu of constructing moderate income housing units. The Borough Planning Board shall require evidence that a municipality in the Mercer-Monmouth-Ocean Housing Region is willing to accept the regional contribution agreement at a cost that equals or exceeds COAH minimum standard for a regional contribution agreement as a condition of accepting a payment in lieu of construction of a moderate income unit. Where the Borough permits an applicant to fund a regional contribution agreement, the applicant shall be able to replace the moderate-income unit with a market unit. For purposes of illustration, where an applicant is proposing to construct four (4) apartments, one (1) must be affordable to a low-income household and one (1) must be affordable to a moderate-income household. The Borough may allow the applicant to fund a regional contribution agreement for the moderate income housing unit and construct three (3) market units and one (1) low income unit on site.

(h)

Affordability controls of at least thirty (30) years shall be imposed on the accessory apartment via a deed restriction acceptable to the Borough's attorney;

(i)

A condition of approving an accessory apartment shall be that the owner must submit an affidavit of continuing use every two (2) years;

(j)

The Borough has not addressed its 1987-1999 housing obligation;

(k)

Outdoor cooking facilities on balconies and terraces are prohibited;

(l)

(m)

All television antenna equipment shall be built into the building to eliminate individual antennas being erected on the roof;

(n)

Air conditioning of the units shall be designed to eliminate the need for air conditioning units extending from the exterior wall;

(o)

Outside washing or drying of clothes is prohibited, as is the utilization of balconies or terraces for such purposes. Each building shall provide at least one (1) washer and dryer for each five (5) dwelling units for the exclusive use of the occupants of the development unless each unit is provided with a washer and dryer;

(p)

Off-street parking is limited to the privately owned, noncommercial or nonrecreational vehicles of residents or their guests;

(q)

Accessory uses permitted.

(1)

Off-street parking (see § 113-21).

(2)

Fences and walls (see § 113-18).

(3)

Decks, patios and porches.

(4)

Antennas not to exceed three (3) feet in height, and television "dish" antennas not to exceed twenty-four (24) inches in any one dimension.

Maximum height permitted. No building or structure shall exceed thirty-five (35) feet and two and one-half (2 1/2) stories except as further specified in this chapter.

Area and yard requirements. See also note (c).

Minimum Requirements	All Uses
Lot area	7,000 square feet
Lot width	50 feet
Lot depth	100 feet
Side yard (each)	See note (a)
Front yard	See note (b)
Rear yard	15 feet

Maximum Requirements:	Residential	All Others
Building coverage	50%	50%
Density	12 units/acre	N/A
Impervious surface coverage	85%	85%

Notes:
(a)	In order to encourage an end product that provides parking, access and architectural continuity even where development occurs piecemeal and with diverse ownership, buildings may be attached and may be built to the interior side line(s) in order to be attached. Attached buildings may include two (2) walls that must be keyed to each other. Where buildings are built to both side lot lines, the site plan shall be accompanied by appropriate legal material and plans showing properly located loading spaces and trash receptacles with permitted access across adjacent properties. If structures are not attached, the side yard(s) shall be five (5) feet.
(b)	The front yard shall be determined on the basis of the average front yard depth within the block (or adjacent block if there are no existing buildings in the block).
(c)	Minimum and maximum requirements for public purpose uses shall be determined by the Board at the time of application, except that building height shall be as required in Subsection D above.

General requirements.

(1)

(2)

There shall be no outdoor display of equipment, supplies or materials.

(3)

All buildings shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes, which shall not include unpainted or painted cinder block or concrete block walls.

(4)

(5)

For nonresidential uses, there shall be at least one (1) trash and/or garbage pick-up location provided by each building which shall be separated from the parking spaces by either a location within the building or in a pick-up location outside the building which shall be a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of the three. If located within the building, the doorway may serve both the loading and trash/garbage functions and if located outside the building, it may be located adjacent to or within the general loading area(s) provided the container in no way interferes with or restricts loading and unloading functions.

Requirements for residential uses are included in Section H below.

(6)

A minimum of ten (10%) percent of the total lot area shall be landscaped.

(7)

All tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building, shall be located in a rear yard or on the roof of the building, and shall be screened from public view by architectural means such as wall, parapet, or fence that is compatible with the architectural design of the building. Slatted chain link fences shall not be permitted. For the purposes of this section, screened from view shall mean that the architectural element is uniform and at least seventy-five (75%) percent opaque, completely surrounds the equipment, and the top of the piece of equipment does not extend above the top of the architectural element.

(8)

Accessory buildings, structures, and uses. Accessory structures intended for use or occupancy and located on or above ground, including patios, and decks, shall not be located in any front yard, must maintain the required side setback of the principal structure and shall maintain a minimum six (6) foot rear yard setback unless otherwise stated in this chapter. Fences are specifically not covered by this restriction and are governed by Article V or this chapter. Driveways shall maintain a three (3) foot side yard setback.

(9)

Decks:

[Amended 5-9-11 by Ord. No. 6-2011]

(a)

Decks, Pervious. Pervious decks shall not be permitted in the front yard. Pervious decks shall be limited to the ground level. Pervious decks shall meet the setback requirements of the principal structure. The total area of all pervious decks on any lot, including stairs accessing any deck, shall be limited to five (5%) percent of the total area of the lot.

(b)

Decks, Impervious. Impervious decks shall be permitted as follows:

(i)

First floor impervious deck: No ground level decks in the front yard. Side and rear yard ground level decks may be covered with a roof structure (aka "Porch"). Size shall be governed by lot coverage, building.

(ii)

Second floor impervious deck: Permitted above any approved porch or portion of the principal building that is located behind the required yard setback. Only the portion of deck located behind wall of principal building may be covered with a roof structure. Size shall be governed by area of approved porch below, plus up to one hundred twenty-five (125) square feet of deck area behind walls of principal structure below.

(iii)

Third floor impervious deck: Permitted provided that deck does not extend beyond the wall of the principal building. Deck may be covered with a roof structure. Size shall be limited to eight (80) square feet of deck area.

(iv)

No decks shall be permitted above the highest floor level of the structure.

Minimum Size for Garden Apartment or Townhouse Dwelling Units.

(1)

One bedroom or efficiency: 700 square feet.

(2)

Two bedrooms: 900 square feet.

(3)

Three or more bedrooms: 1,200 square feet.

Additional requirements relating to Garden Apartment or Townhouse Dwelling Units.

(1)

(2)

Location, design and arrangement of all buildings improvements, internal roadways, walkways and parking shall be subject to approval of the Planning Board, and be designed to ensure the health, safety and welfare of the residents and their guests, and shall include but not be limited to review of:

(a)

Lighting (pursuant to Article V);

(b)

Screening and fences, both internal to the site and externally to adjoining sites;

(c)

Provision of utilities and disposal of solid waste;

(d)

Fire prevention and fire fighting;

(e)

Development and maintenance of common open space;

(3)

All television antenna equipment shall be built into the building to eliminate individual antennas being erected on the roof;

(4)

Air conditioning of the units shall be designed to eliminate the need for air conditioning units extending from the exterior wall;

(5)

(6)

Off-street parking is limited to the privately owned, noncommercial or nonrecreational vehicles of residents or their guests;

(7)

Outdoor unenclosed storage of any item is prohibited. There shall be a trash and recyclable storage area completely surrounded by a six (6) foot high solid fence with solid gates. All outside trash and recyclables shall be stored in this area and shall not be in public view over the fence height;

(8)

Each dwelling unit shall be provided with at least seven hundred (700) cubic feet of storage, exclusive of closets;

(9)

Common areas, if any, shall be deeded to a corporation, association, individuals, or other legal entity consisting of the property owners within the development for their use, control management and maintenance; and

(10)

Outdoor cooking facilities on balconies and terraces are prohibited.

§ 113-14 DC - Downtown Commercial District.

It is the purpose of the Downtown Commercial Zone to substantially upgrade the appearance of the Main Street corridor; to provide a community oriented downtown commercial district; and to provide adequate off-street parking for all permitted uses.

Principal permitted uses on the land and in buildings.

(1)

The following retail sales of goods and services:

Advertising agency.

Advertising specialty office.

Antique store.

Apparel.

Appliance store.

Art gallery.

Artist's supply.

Audiovisual equipment.

Bakery store.

Bank.

Barbershop.

Beauty and cosmetic shop.

Books, periodicals and newspaper sales.

Business equipment sales.

Butcher store or meat market (no slaughtering permitted).

Camera and/or photographic supply store.

Candy store.

Ceramic store.

China store.

Cigars and tobacco sales.

Cleaners' pick-up or laundry pick-up (no processing on premises).

Child care center.

Coin dealer.

Cosmetic store.

Credit union office.

Curtain store.

Delicatessen.

Fabric store.

Florist.

Food products.

Furniture sales.

General office buildings.

Gift store.

Glassware.

Greeting card store.

Grocery store.

Hobby store.

Home furnishings.

Home improvement office.

Household appliance.

Ice cream store.

Interior decorator.

Jewelry store.

Leather goods and luggage.

Liquor store.

Locksmith.

Medical and dental offices.

Musical instrument store.

Office equipment and supplies.

Optical goods.

Paint, glass and wallpaper store.

Pet shop (including pet grooming).

Phonographic sales and service.

Photographic studio.

Physical culture and health establishments.

Professional office.

Real estate and insurance.

Record store.

Reducing salon.

Restaurant, sit down.

Seafood store.

Shoe and hat repair.

Specialty food store.

Sporting goods store.

Stamp and coin store.

Stationery store.

Tailor.

Toy store.

Travel agency.

Travel ticket office.

Uniform rental and sales.

Variety store.

(2)

Public purpose uses.

Conditional uses permitted.

(1)

Public utility uses.

(2)

Accessory apartments provided:

(a)

At least half the apartments are affordable to low or moderate income households.

(b)

The apartment is located above the first floor;

(c)

The building containing the apartment conforms to the height limitations and yard requirements established within the zoning district;

(d)

The apartment shall be in full compliance with all applicable health and construction codes;

(e)

Each apartment shall have a minimum of two (2) rooms (excluding bathrooms) and have direct access to the outside or a hall with direct access to the outside;

(f)

The occupant of the apartment must meet the income limitations established by COAH for the Mercer-Monmouth-Ocean Housing Region;

(g)

The average rent for a low or moderate income apartment must be affordable to a household earning no more than fifty-seven and five-tenths (57.5%) percent of median income as determined through the procedures outlined in the Borough's Affordable Housing Ordinance. If more than one (1) apartment is proposed for any property, at least fifty (50%) percent of all apartments shall be affordable to low income households earning no more than forty-four (44%) percent of median income. The other half of the "affordable" units shall be affordable to moderate income households earning no more than seventy-one (71%) percent of median income. Avon may permit owners to fund the entire cost of a regional contribution agreement in lieu of constructing moderate income housing units. The Borough's Planning Board shall require evidence that a municipality in the Mercer-Monmouth-Ocean Housing Region is willing to accept the regional contribution agreement at a cost that equals or exceeds COAH minimum standard for a regional contribution agreement as a condition of accepting a payment in lieu of construction of a moderate income unit. Where the Borough permits an applicant to fund a regional contribution agreement, the applicant shall be able to replace the moderate-income unit with a market unit. For purposes of illustration, where an applicant is proposing to construct four (4) apartments, one (1) must be affordable to a low-income household and one (1) must be affordable to a moderate-income household. The Borough may allow the applicant to fund a regional contribution agreement for the moderate income housing unit and construct three (3) market units and one (1) low income unit on site;

(h)

Affordability controls of at least thirty (30) years shall be imposed on the accessory apartment via a deed restriction acceptable to the Borough's attorney;

(i)

A condition of approving an accessory apartment shall be that the owner must submit an affidavit of continuing use every two (2) years;

(j)

The Borough has not addressed its 1987-1999 housing obligation;

(k)

Outdoor cooking facilities on balconies and terraces are prohibited;

(l)

(m)

All television antenna equipment shall be built into the building to eliminate individual antennas being erected on the roof;

(n)

Air conditioning of the units shall be designed to eliminate the need for air conditioning units extending from the exterior wall;

(o)

(p)

Off-street parking is limited to the privately owned, noncommercial or nonrecreational vehicles of residents or their guests;

(q)

Accessory uses permitted.

(1)

Off-street parking (see § 113-21).

(2)

Fences and walls (see § 113-18).

(3)

Antennas not to exceed three (3) feet in height, and television "dish" antennas not to exceed twenty-four (24) inches in any one dimension.

Maximum height permitted. No building shall exceed thirty-five (35) feet and two and one-half (2 1/2) stories except as further allowed in this chapter.

Area and yard requirements. See also notes (d) and (e)

Minimum Requirements:
Lot area	7,000 square feet
Lot width	50 feet
Lot depth	N/A
Side yard (each)	See note (a)
Front yard	See note (b)
Rear yard	15 feet see note (c)
Maximum Requirements:
Building coverage	50%
Impervious surface coverage	85%

Notes:
(a)	In order to encourage an end product that provides parking, access and architectural continuity even where development occurs piecemeal and with diverse ownership, buildings may be attached and may be built to the interior side lines(s) in order to be attached. Attached buildings may include two (2) walls that must be keyed to each other. Where buildings are built to both side lot lines, the site plan shall be accompanied by appropriate legal material and plans showing properly located loading spaces and trash receptacles with permitted access across adjacent properties. If structures are not attached, the side yard(s) shall be five (5) feet.
(b)	The front yard shall be determined on the basis of the average front yard depth within the block (or adjacent block if there are no existing buildings in the block).
(c)	No provision stipulated herein shall prohibit a permitted use from being situated adjacent to a railroad right-of-way for purposes of loading and unloading materials.
(d)	Minimum and maximum requirements for public purpose uses shall be determined by the Board at the time of application, except that building height shall be as required in Subsection D above.
(e)	Uncovered outdoor seating areas for restaurants shall not be considered with regard to calculating building coverage requirements.

General requirements.

(1)

At least the first five (5) feet adjacent to any street line shall not be used for parking and shall be planted and maintained in lawn area, ground cover, or landscaped with evergreen shrubbery and separated from the parking area by poured concrete curbing.

(2)

For retail commercial and service uses, no merchandise or similar material shall be displayed outside beyond five (5) feet of any building. For all uses, any equipment stored outside shall be suitably screened from view.

(3)

All buildings shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes, which shall not include unpainted or painted cinder block or concrete block walls.

(4)

(5)

Outdoor seating for restaurants and eating establishments may be permitted provided that it is located in the front of the building between the building and the street line, and is not located within the public right-of-way.

(6)

A minimum of ten (10%) percent of the total lot area shall be landscaped.

(7)

Minimum off-street loading.

(1)

Each retail activity shall provide for off-street loading and unloading with adequate ingress and egress from streets and shall provide such area(s) at the side or rear of the building.

(2)

Loading area requirements may be met by combining the floor areas of several activities taking place under one roof and applying the above ratios.

Trash and Recyclable Materials Storage Areas. An enclosed area shall be provided for the temporary storage of trash and recyclable refuse. The following details shall apply to the storage area.

(1)

Storage area floor pad shall be a six (6) inch thick concrete slab, reinforced using 6/6/12/12 welded wire fabric;

(2)

Enclosure walls/fencing shall be a six (6) foot high solid fence or wall with a self closing gate.

(3)

All enclosure gates shall be specified to be self-closing, self-latching, and capable of being fixed securely in the open position.

(4)

Trash and recyclable material storage areas may be located no less than five (5) feet from a rear or side property line. No storage area may be located in a front yard.

§ 113-15 B - Beach District.

Uses permitted on land and in buildings.

(1)

Public parks, playgrounds and public purpose uses.

(2)

Boardwalks.

Area and yard requirements. There shall be no area or yard requirements for the Beach District. Due to the unique nature of this district and in recognition of the importance of the beach and ocean vista, any development proposal, whether public or private, within the Beach District must be reviewed by the Planning Board.

§ 113-16 MLC - Mount Laurel Compliance.

It is the purpose of the Mount Laurel Compliance Zone to address the needs of low and moderate income households. To that end, Lots 2.02 and 2.03 in Block 4.02 have been designated for high density housing at twenty-five (25) housing units per acre (to a maximum of ten (10) housing units). All housing units within this zone shall be efficiency, one (1) bedroom or two (2) bedroom units. All housing units shall be encumbered by marketing and deed restrictions, which shall indicate that no unit may be occupied by more than two (2) people. At least one person in each household must be at least sixty-two (62) years of age and no person living in a housing unit may be less than eighteen (18) years of age. At least twenty (20%) percent of all housing units shall be restricted for and affordable to low and moderate income households consistent with the Borough's Affordable Housing Ordinance, unless the Borough allows an in lieu payment as provided for by Section 115-4B of the Chapter 115, Development Fees.

Permitted principal uses.

(1)

Garden apartments/condominium flats.

(2)

Townhouses.

Accessory permitted uses.

(1)

Off-street parking (see § 113-21).

(2)

Fences and wall (see § 113-18).

(3)

Common open space.

Maximum height permitted. No building shall exceed three (3) stories and thirty-five (35) feet in height.

Area and yard requirements (minimum requirements).

Lot area: 18,000 square feet.

Lot width: 80 feet.

Lot depth: 50 feet.

Front yard: 25 feet.

Side yard: 10 feet.

Rear yard: 10 feet.

Maximum coverage.

Building: 40%.

Impervious surface: 80%.

Special regulations.

(1)

(2)

Location, design and arrangement of all buildings improvements, internal roadways, walkways and parking shall be subject to approval of the planning board, and be designed to ensure the health, safety and welfare of the residents and their guests, and shall include but not be limited to review of:

(a)

Lighting (pursuant to Article V);

(b)

Screening and fences, both internal to the site and externally to adjoining sites;

(c)

Provision of utilities and disposal of solid waste;

(d)

Fire prevention and fire fighting;

(e)

Development and maintenance of common open space;

(3)

All television antenna equipment shall be built into the building to eliminate individual antennas being erected on the roof;

(4)

Air conditioning of the units shall be designed to eliminate the need for air conditioning units extending from the exterior wall;

(5)

(6)

Off-street parking is limited to the privately owned, noncommercial or nonrecreational vehicles of residents or their guests;

(7)

(8)

Each dwelling unit shall be provided with at least seven hundred (700) cubic feet of storage, exclusive of closets;

(9)

There shall be no individual direct access of driveways from any multiple dwelling unit onto a public street;

(10)

There shall be a minimum open space of at least fifty (50) feet between the rears of any two (2) buildings and thirty (30) feet between any other combinations of facades;

(11)

Common areas shall be deeded to a corporation, association, individuals, or other legal entity consisting of the property owners within the development for their use, control management and maintenance; and

(12)

Outdoor cooking facilities on balconies and terraces are prohibited.

Landscaping. Landscaping plans shall be provided in accordance with the following requirements:

(1)

All areas in a development not used for construction of buildings, roads, accessways, parking or sidewalks shall be fully landscaped in accordance with these regulations.

(2)

All landscape plans shall have a schedule of the Latin and common name, the quantity, the size, spacing and method of planting of each plant material.

(3)

A minimum landscaped area of five (5) feet wide shall be provided along all property lined including public streets.

(4)

Parking areas and other strictly utilitarian improvements shall be screened as fully as practicable.

(5)

All street trees and on-site deciduous shade trees shall not be less than two and one-half (2.5) inches in diameter measured one (1) foot above the root crown.

(6)

In the event that any required plantings do not live within one (1) year of planting, they shall be replaced by the developer prior to the end of the next planting season.