[Added 3-27-2024 by Ord. No. 2024-7]
ACCESSORY DWELLING UNIT (ADU)Shall mean an additional dwelling unit that:
a. Is within a building and is incidental and subordinate to a lawful/permitted principal building containing no more than two lawful/permitted principal residential units and is on the same tax lot;
b. Is located on the same tax lot as a permitted principal building containing a lawful/permitted principal residential use;
c. Has no cooking facilities, food preparation facilities, and sanitary facilities in common with the principal use;
d. Has a separate unit entrance that is not shared with another residence; and
e. May also be referred to as an accessory apartment, alley flat, back house, backyard bungalow, carriage house, coach house, garage apartment, granny flat, guest house or cottage, in-law suite, laneway house, mother-daughter house, multigenerational house, ohana unit, secondary dwelling unit, and/or sidekick so long as the unit is compliant with the provisions of this ordinance and other relevant ordinances of the City of Asbury Park.
OWNERShall mean an individual or entity holding title to a property proposed for an accessory dwelling unit, by way of a legally recorded Deed.
OWNER-OCCUPIEDShall mean the owner of the property resides at the Accessory Dwelling Unit property (also referenced as "ADU property"), or in the principal residential unit with which the ADU is associated on the same lot, and identifies same as his or her principal residence as that term is defined in this Section. For purposes of this Section, if the owner of the property is an entity other than an individual or individuals, then at least one principal or member of the owner entity must reside in the ADU property, and identify same as his or her principal residence as that term is defined in this Section.
PRINCIPAL RESIDENCEShall mean the address: (1) where at least one of the property owners spends the majority of his or her non-working time, and (2) which is most clearly the center of his or her domestic life, and (3) which is identified on his or her driver's license, or state identification card as being his or her legal address, and (4) which is shown on the front page of his or her most recent Federal 1040 tax return, and (5) which is recorded with the United States Postal Service as their primary residence. All the above requirements must be met in order for an address to constitute being a principal residence for purposes of this Section.
PROPERTYShall mean a parcel of real property located within the boundaries of the City of Asbury Park, Monmouth County, New Jersey.
RESPONSIBLE PARTYShall mean both the property owner and a person (property manager) designated by the owner to be called upon and be responsible at all times and to answer for the maintenance of the property, or the conduct and acts of occupants of the property, and, in the case of the property manager, to accept service of legal process on behalf of the owner of the property.
SECTIONShall mean Article
13-1400, Entitled "Accessory Dwelling Units (ADUs)," as contained within Part
2, "Rental Property," of Chapter XIII, "Property Improvement and Neighborhood Preservation - Property Maintenance Code," of the Code of the City of Asbury Park, New Jersey.