Borough of Oceanport, NJ Zoning Districts

Effect of this chapter.

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

(a)

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.

(b)

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 Planning Board pursuant to this chapter.

(c)

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.

(d)

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.

Establishment of zoning districts and Zoning Map.

(1)

The following zoning districts are hereby created, and all land within the Borough of Oceanport shall be placed in one of these districts by designation on a Zoning Map, as described below.

R-1	Residential Single-Family
R-2	Residential Single-Family
R-3	Residential Single-Family
R-4	Residential Single-Family
R-5	Residential Single-Family and Two-Family
R-7.5	Residential Single-Family
R-M	Residential Multifamily
RMO	Residential Multiple-Family Development (fee-simple owner)
RMW	Residential Multiple-Family Waterfront
B-1	Professional and Office
B-2	General and Recreational Commercial
V-C	Village Center (retail commercial)
VC-AH	Village Center-Affordable Housing Overlay
I	Industrial
MPAR-AH	Monmouth Park Age-Restricted Affordable Housing Overlay Inclusionary Zone
FM-GT	Fort Monmouth - Green Tech Campus
FM-HC	Fort Monmouth - Horseneck Center
FM-MU	Fort Monmouth - Education/Mixed-Use Neighborhood

(2)

Zoning Map. The boundaries of these zoning districts are established on a map entitled "Zoning Map of the Borough of Oceanport," dated September 11, 1996, last revised November 3, 2020, which accompanies this chapter and is incorporated herein.

(a)

The Zoning Map is on file in the office of the Borough Clerk.[1]

[1]

Editor's Note: The Zoning Map is also included as an attachment to this chapter.

(b)

Ordinance No. 980, adopted 10-19-2017: Block 65, Lot 1, on Tax Map of the Borough, commonly known as "222 Monmouth Boulevard." The Zoning District Map and the Zoning Ordinance of the Borough are hereby amended to incorporate and reflect the redevelopment plan and, to the extent provided in the redevelopment plan, are superseded thereby.

Interpretation of boundaries.

(1)

The boundaries between zoning districts are, unless otherwise indicated, either the center lines of streets or railroad rights-of-way, municipal boundary lines, property lines existing at the time of the Zoning Map adoption or amendment, or lines parallel or perpendicular thereto. Distances not specifically indicated shall be determined by the scale of the map.

(2)

Where a district boundary line divides a lot existing at the time of adoption of this chapter, the regulations applicable to the least-restrictive district shall extend over the portion of the lot in the more-restrictive district for a distance of not more than 20 feet.

Notice of proposed change to classification or boundaries of zoning districts.

(1)

Notice of a hearing on an amendment to the Zoning Ordinance proposing a change to the classification or boundaries of a zoning district, exclusive of classification or boundary changes recommended in a periodic general reexamination of the Master Plan by the Planning Board pursuant to Section 76 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-89), shall be given at least 10 days prior to the hearing by the Municipal Clerk to the owners of all real property, as shown on the current tax duplicates, located, in the case of a classification change, within the district and within the state within 200 feet in all directions of the boundaries of the district, and located, in the case of a boundary change, in the state within 200 feet in all directions of the proposed new boundaries of the district which is the subject of the hearing.

(2)

A notice pursuant to this section shall state the date, time and place of the hearing, the nature of the matter to be considered and an identification of the affected zoning districts and proposed boundary changes, if any, by street names, common names or other identifiable landmarks and by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office.

(a)

Notice shall be given by:

[1]

Serving a copy thereof on the property owner as shown on the said current tax duplicate, or their agent in charge of the property; or

[2]

Mailing a copy thereof by certified mail and regular mail to the property owner at their address as shown on the said current tax duplicate.

(b)

Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the boundaries of the district which is the subject of the hearing, may be made in the same manner as to a corporation, in addition to notice to unit owners, co-owners, or homeowners on account of such common elements or areas.

(3)

The Municipal Clerk shall execute affidavits of proof of service of the notices required by this section and shall keep the affidavits on file along with the proof of publication of the notice of the required public hearing on the proposed Zoning Ordinance change. Costs of the notice provision shall be the responsibility of the proponent of the amendment.

(4)

Protest. Notice of the hearing on an amendment to the Zoning Ordinance proposing a change to the classification or boundaries of a zoning district, exclusive of classification or boundary changes recommended in a periodic general reexamination of the Master Plan by the Planning Board pursuant to Section 76 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-89), shall be given prior to adoption in accordance with the provisions of Section 2 of P.L. 1995, c. 249 (N.J.S.A. 40:55D-62.1). A protest against any proposed amendment or revision of a zoning ordinance may be filed with the Municipal Clerk, signed by the owners of 20% or more of the area either: 1) of the lots or land included in such proposed change; or 2) of the lots or land extending 200 feet in all directions therefrom, inclusive of street space, whether within or without the municipality. Such amendment or revision shall not become effective following the filing of such protest except by the favorable vote of 2/3 of all the members of the governing body of the municipality.

Except for the Borough overlay districts, the restrictions and controls intended to regulate development in each district are set forth in the attached schedules, which are supplemented by other sections of this chapter. The Fort Monmouth Reuse (FMR) District regulations can be found via the following link and are incorporated into this chapter only by reference as the Borough does not have zoning authority in this district area: https://www.fortmonmouthnj.com/developer-information/land-use-regulations.

Village Center-Affordable Housing Overlay Inclusionary Zone (VC-AH).

(1)

Purpose. The Borough adopts this section to advance the following objectives: To address its affordable housing unmet need obligation, the Borough shall implement a Village Center-Affordable Housing Overlay Inclusionary Zone Ordinance that creates a realistic opportunity for housing in the Borough that is affordable to low- and moderate-income households. This section establishes the Village Center-Affordable Housing Overlay Inclusionary Zone and permits the creation of multifamily housing within the Village Commercial Zone, provided that such housing complies with a required inclusionary set-aside requirement and with the requirements of this chapter. The form of development shall be consistent with the goals, objectives, and general design principles of the East Main Street Urban Design + Resiliency Plan Element of the Borough Master Plan.

(2)

Location. The Village Center-Affordable Housing Overlay Inclusionary District is applicable to the following parcels:

Block 88, Lot 34

Block 88, Lot 35

Block 101, Lot 1

Block 101, Lot 2

Block 101, Lot 3

Block 101, Lot 4

Block 101, Lot 5

Block 101, Lot 6

Block 101, Lot 7

Block 101, Lot 8

Block 101, Lot 9

Block 121, Lot 3.01

Block 121, Lot 4

(3)

Permitted uses. The following uses shall be permitted in the Village Center-Affordable Housing Overlay Inclusionary District:

(a)

Inclusionary multifamily development, provided:

[1]

The minimum percentage of very-low-, low- and moderate-income housing shall be 15% of the total number of dwelling units for rental affordable units and 20% of the total number of dwelling units for for-sale affordable units.

[2]

In any multifamily development having five or more residential units, at least one unit must be established as affordable to low- and moderate-income households.

[3]

All affordable units produced must comply with the Borough's Affordable Housing Ordinance.[2]

[2]

Editor's Note: See Ch. 108, Affordable Housing.

(b)

Mixed-use development, provided inclusionary multifamily dwellings are provided. The following nonresidential uses are permitted in the mixed-use development on the first floor:

Restaurant.

Bar.

Brewery.

Offices.

Retail.

Museum.

Gallery.

Houses of worship.

Recreation services such as a health club.

[10]

Personal services such as laundry cleaning and salons.

[11]

Uses similar to those permitted above as determined by the Planning Board.

(4)

Accessory uses permitted. The following accessory uses and structures shall be permitted in the VC-AH District, provided they are located on the same premises as the principal use or structure to which they are accessory and are located in the rear yard:

(a)

Accessory uses on the same lot with and customarily incidental to any of the above permitted uses.

(b)

Surface parking area and garages.

(5)

Development standards.

(a)

Maximum density: 20 dwelling units per acre.

(b)

Principal building setbacks:

[1]

Front yard: zero feet minimum and 15 feet maximum from front lot line.

[2]

Maximum side yard: 10 feet.

[3]

Rear yard: zero feet.

(c)

Accessory building setbacks:

[1]

Maximum side yard: 10 feet.

[2]

Maximum rear yard: 10 feet.

(d)

Maximum principal building height: three stories/38 feet.

(e)

Maximum accessory building height: 20 feet.

(f)

Maximum building coverage: 65%.

(g)

Maximum impervious surfaces: 80%.

(6)

Design standards.

(a)

Building design.

[1]

Buildings shall be required to incorporate high-quality architectural features that are characteristic of and complimentary to significant buildings reflecting the traditional architecture within downtown centers in the region. The applicant for any development shall demonstrate such design by providing examples of and comparisons with existing high-quality architecturally significant buildings.

[2]

If more than one primary structure is proposed, the architecture of each primary structure shall be compatible but different from one another in terms of style, materials, and layout.

[3]

All HVAC and mechanical equipment shall be adequately screened from view.

(b)

Front-loaded townhouses are prohibited.

(c)

Recreational/social amenities. Developments shall be required to include both interior and exterior common areas devoted to recreational, social, and similar functions for residents and their guests, as set forth below:

[1]

At least 40 square feet per dwelling unit shall be devoted to interior common areas, such as, but not limited to, meeting rooms, community centers, fitness centers, indoor recreational areas, lounges, libraries, etc. Areas such as hallways, stairs, elevators, entrance lobbies, storage, mail areas, mechanical space or office space and similar areas shall not count towards meeting this requirement.

[2]

At least 40 square feet per dwelling unit shall be devoted to exterior common areas, such as, but not limited to, recreational areas, gardens, courtyards, plazas, decks, patios, etc. Such areas may be located at grade level, on building terraces or on the roof of the building. Lawn and landscaped areas shall not count towards meeting this requirement unless such areas are specifically designed to be part of the aforementioned features.

(d)

Parking shall be located in the side or rear yards only.

(7)

Affordable housing. All residential development shall be required to include affordable housing as a component. The following requirements shall apply:

(a)

(b)

Very-low-, low- and moderate-income housing shall be constructed and rented in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et seq. and the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq., including standards for the split between very-low-, low- and moderate-income housing, provided a minimum of 13% of the affordable units are very-low-income units at 30% of the median income and 37% of the affordable units are low-income units, with the 50% balance of units allowed at moderate income; bedroom distribution; range of affordability; pricing and rent of units; affirmative marketing; thirty-year minimum affordability controls; and construction phasing with the market rate units developed on the tract.

(c)

The Borough-designated Affordable Housing Administrator shall be responsible to affirmatively market, administer and certify the occupant of each affordable unit, with all administrative costs to be paid by the developer.

Monmouth Park Age-Restricted Affordable Housing Overlay Inclusionary Zone (MPAR-AH).

(1)

Purpose. The Borough adopts this section to advance the following objectives: To address its affordable housing unmet need obligation, the Borough shall implement a Monmouth Park Age-Restricted Affordable Housing Overlay Inclusionary Zone Ordinance that creates a realistic opportunity for housing in the Borough that is affordable to low- and moderate-income households. This section establishes the Monmouth Park Age-Restricted Affordable Housing Overlay Inclusionary Zone and permits the creation of multifamily housing only upon the complete cessation of live horse racing activity of any kind at Monmouth Park Racetrack, provided that such housing complies with a required inclusionary set-aside requirements and with the requirements of this section.

(2)

Location. The Monmouth Park Age-Restricted Affordable Housing Overlay Inclusionary District is applicable to Block 122, Lot 28.

(3)

Permitted uses. The following uses shall be permitted in the Monmouth Park Age-Restricted Affordable Housing Overlay Inclusionary District:

(a)

Inclusionary multifamily development, provided:

[1]

[2]

In any multifamily development having five or more residential units, at least one unit must be established as affordable to low- and moderate-income households.

[3]

All affordable units produced must comply with the Borough's Affordable Housing Ordinance.[3]

[3]

Editor's Note: See Ch. 108, Affordable Housing.

[4]

All residential units are age-restricted in accordance with the definition provided in the Borough's Affordable Housing Ordinance.[4]

[4]

Editor's Note: See Ch. 108, Affordable Housing.

[5]

Inclusionary multifamily residential development is only permitted upon the cessation of live horse racing activity of any kind at Monmouth Park Racetrack.

(b)

Accessory uses permitted. The following accessory uses and structures shall be permitted in the MPAR-AH District, provided they are located on the same premises as the principal use or structure to which they are accessory and are located in the rear yard:

[1]

Accessory uses on the same lot with and customarily incidental to any of the above permitted uses.

[2]

Surface parking area and garages.

(c)

Development standards.

[1]

Maximum density: 12 dwelling units per acre.

[2]

Maximum building coverage: 65%.

[3]

Maximum impervious surfaces: 80%.

[4]

Townhouses:

[a]

Maximum height: 45 feet or three stories.

[b]

Maximum dwelling units in one building: eight.

[c]

Rear-loaded townhouses:

[i]

Minimum distances from front facade to private streets:

[A]

Building to sidewalk: 14 feet.

[B]

Building to curb: 21 feet.

[ii]

Minimum distance from garage facade to curb, edge of alley pavement or edge of sidewalk: 20 feet.

[iii]

Minimum distances for side facades:

[A]

Building to building: 28 feet.

[B]

Building to private street: 15 feet.

[5]

Apartments.

[a]

Maximum height: 45 feet or three stories.

[b]

Maximum dwelling units in one building: 36.

[c]

Minimum building setbacks:

[i]

Building to building: 30 feet.

[ii]

Building to private street: 16 feet.

[iii]

Building to parking area or driveway: 15 feet.

[d]

For each affordable apartment, in addition to any storage areas contained within the apartment, there shall be provided 300 cubic feet of storage in a conveniently accessible area either within the apartment building or in a separate building where storage will not constitute a fire hazard and where belongings can be kept locked and separated from the belongings of other occupants.

(d)

Design standards.

[1]

Building design.

[a]

Buildings shall be required to incorporate high-quality architectural features that are characteristic of and complimentary to other significant multifamily buildings reflecting the traditional architecture within the Borough. The applicant for any development shall demonstrate such design by providing examples of and comparisons with existing high-quality architecturally significant buildings.

[b]

If more than one primary structure is proposed, the architecture of each primary structure shall be compatible but different from one another in terms of style, materials, and layout.

[c]

All HVAC and mechanical equipment shall be adequately screened from view.

[d]

Front-loaded townhouses are prohibited.

Parking shall be located in the side or rear yards only.

(4)

Affordable housing. All residential development shall be required to include affordable housing as a component. The following requirements shall apply:

(a)

(b)

Very-low-, low- and moderate-income housing shall be constructed and rented in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et seq. and the Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq., including standards for the split between very-low-, low- and moderate-income housing, provided a minimum of 13% of the affordable units are very-low-income units at 30% of the median income, and 37% of the affordable units are low-income units, with the 50% balance of units allowed at moderate income; bedroom distribution; range of affordability; pricing and rent of units; affirmative marketing; thirty-year minimum affordability controls; and construction phasing with the market rate units developed on the tract.

(c)

[1]

Editor's Note: The schedules for permitted land uses, bulk/coverage controls and minimum habitable floor area are included as attachments to this chapter.