[Adopted 11-16-2009 by Ord. No. 194-2009; repealed and replaced 9-4-2018 by Ord. No. 359-2018]
The City of Cape May has used zoning opportunities to meet its realistic development potential (RDP) of 12 units of affordable housing needs by permitting accessory apartments in any zoning district. The article allows owners of a principal dwelling to create an accessory apartment complying with the requirements of N.J.A.C. 5:97-9 and N.J.A.C. 5:97-6.8(c). No more than 12 accessory apartments shall be permitted in the City as per N.J.A.C. 5:97-6.8(b).
A. 
Purpose and zoning districts. It is the purpose of this section to allow accessory apartments within the residential zoning districts within the City to provide for the development of affordable housing to meet the affordable housing needs of low- and moderate-income residents. This mechanism allows for the use of the City's existing and proposed dwellings and accessory buildings to be utilized for affordable housing opportunities. Accessory apartments shall also be permitted for all zoning districts that allow apartments over commercial uses.
B. 
Accessory apartments shall be permitted within the new or existing principle dwelling building or within an existing accessory building that contains an existing dwelling unit.
C. 
The minimum floor area for any accessory apartment shall be 350 square feet.
D. 
Floor area ratio requirements shall not apply to existing building conversions. Floor area ratio requirements shall apply to expansions or new construction.
E. 
Principal buildings shall have only one principal access entry orientated toward the street on which it fronts and the accessory apartment access shall be provided so that it has a separate distinct entry which does not detract from the character of the principal building. It is the intent to provide accessory apartments while preserving the character of the neighborhood and principal building.
F. 
Parking shall be provided in accordance with the Residential Site Improvement Standards (N.J.A.C. 5:21-4.14).
G. 
Accessory apartments shall contain at minimum: Living/sleeping space, cooking facilities with kitchen sink and complete bathroom with shower and sanitary facilities.
H. 
Parking shall be provided in accordance with the Residential Site Improvement Standards (N.J.A.C. 5:21-4.14).
I. 
Compliance with affordable housing regulations.
(1) 
The occupant must meet the income limitations set forth at N.J.A.C. 5:97 et seq.
(2) 
The accessory apartment shall meet the minimum 10-year control period set forth at N.J.A.C. 5:97 et seq.
(3) 
Rents for accessible apartments shall meet the affordable standards for low- and moderate- incomes as per COAH regulations.
(4) 
Evidence of recorded deed or declaration of covenants and restrictions running with the land and limiting the subsequent rental or sale within the affordable housing requirements set forth at N.J.A.C. 5:97 et seq. and stated herein shall be required.
(5) 
Compliance with all other affordable housing requirements set forth at N.J.A.C. 5:97 et seq. is required.
J. 
Administration.
(1) 
The City of Cape May shall designate an administrative entity by municipal resolution to administrate the accessory apartment program.
(2) 
Administration duties shall be in accordance with set forth at N.J.A.C. 5:97 et seq.
(3) 
Of the 12 accessory apartment units, there will be six low-income units of which two will be deed restricted for very low income households, with funding levels of $20,000 for a moderate income unit, $25,000 for a low income unit, and $30,000 for a very low income unit.
K. 
Review. Applicants for the creation of an accessory apartment shall submit plans of building(s) showing layout of accessory apartment and principal building, entry location, and elevations showing entry locations. A site development plan shall be provided to demonstrate compliance with zoning and parking regulations. Supplemental information demonstrating compliance with this section is required.