[Added 3-27-2024 by Ord. No. 2024-7]
The purpose of this section is to regulate Accessory Dwelling Units (ADUs), ensure their safe occupancy, maintain a record of ADUs, and ensure that they comply with all other regulations and ordinances of the City of Asbury Park.
[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.
OWNER
Shall mean an individual or entity holding title to a property proposed for an accessory dwelling unit, by way of a legally recorded Deed.
OWNER-OCCUPIED
Shall 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 RESIDENCE
Shall 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.
PROPERTY
Shall mean a parcel of real property located within the boundaries of the City of Asbury Park, Monmouth County, New Jersey.
RESPONSIBLE PARTY
Shall 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.
SECTION
Shall 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.
[Added 3-27-2024 by Ord. No. 2024-7]
a. 
It shall be unlawful for any owner of any property within the geographic bounds of the City of Asbury Park, New Jersey, to construct or maintain an accessory dwelling unit contrary to the procedures and regulations established in this Section and in applicable sections of Chapter 30, "Land Development Regulations."
b. 
Accessory dwelling units shall be permitted in accordance with the requirements established in this Section and in applicable sections of Chapter 30, "Land Development Regulations."
c. 
In order to construct and maintain an accessory dwelling unit, the applicant must obtain an annual certificate, as set forth herein.
[Added 3-27-2024 by Ord. No. 2024-7]
a. 
In addition to any land use requirement(s) set forth Chapter 30, "Land Development Regulations," the owner of a property upon which an accessory dwelling unit is intended to be constructed or maintained shall obtain an ADU certificate from the City of Asbury Park Department of Code Enforcement or their designee on an annual basis.
b. 
The certificate shall cost $10 per year.
c. 
The following regulations are required in order to receive and maintain an ADU certificate:
1. 
The property owner must obtain a zoning permit or zoning compliance certificate, as applicable, from the zoning officer.
2. 
Except where otherwise specifically permitted by this Section or applicable Sections of Chapter 30, "Land Development Regulations," a unit with the principal structure or the ADU shall be occupied by the property owner and shall be their principal residence.
3. 
All residential units on the lot where the ADU is located shall be under common ownership and control.
4. 
No structure on the property may be a short term rental as defined under Section 13-1300.
5. 
An ADU tenant shall have a lease of no less than one year.
d. 
Failure to comply with the regulations for the ADU certificate may result in the suspension and possible revocation of the certificate as determined by the Code Enforcement Department, including but not limited to the potential revocation of the certificate of occupancy for the ADU.
[Added 3-27-2024 by Ord. No. 2024-7]
a. 
Applicants for an ADU certificate shall submit, on an annual basis, an application to the City of Asbury Park Department Code Enforcement or their designee.
b. 
The application shall be furnished, under oath, on a form specified by the City Manager, accompanied by the non-refundable application fee as set forth herein. Such application shall include:
1. 
The name, address, telephone number and email address of the owner(s) of record of the dwelling unit for which a certificate is sought. If such owner is not a natural person, the application must include and identify the names of all partners, officers and/or directors of any such entity, and the personal contact information, including address and telephone numbers for each of them and the information as to the owner occupying the property.
2. 
The address and block/lot of the property where the proposed ADU is located, along with an updated plot plan or survey identifying the ADU's location on the lot.
3. 
A copy of the driver's license, or state identification card of the owner of the ADU, confirming, as set forth in this section, that the property is the principal residence, as that term is defined herein, of the owner making application for the ADU certificate. In addition, the applicant must provide:
(a) 
A copy of applicant's front page of the Federal 1040 tax return where the tax identification number and financial information has been redacted or made illegible (past immediate two years for initial permit applications; the immediate past year for renewals).
(b) 
United States Postal Service address record indicating that the application property is the primary residence where the property owner receives their postal mail.
4. 
The owner's sworn acknowledgement that they comply with the requirement that the ADU property constitutes the owner's principal residence, as defined herein.
5. 
The owner's sworn acknowledgement that he or she has received a copy of this Section, has reviewed it, understands its requirements and certifies, under oath, as to the accuracy of all information provided in the permit application.
6. 
The location of the designated parking space available to the premises, for the ADU.
7. 
Any other information deemed necessary by the City Manager or his/her designee in furtherance of the objectives of this Section.
8. 
Every application for an ADU certificate shall require inspections for the ADU's compliance with the City's fire safety regulations and Property Maintenance Code for occupancy. In addition, each application is subject to review to verify the ADU's eligibility for occupancy and compliance with the regulations in this section. Failure to abate any outstanding violations prior to occupancy can result in a summons.
9. 
A zoning permit or zoning compliance certificate, as applicable, which confirms that the premises are not being occupied or used in violation of the City's Land Use Regulations and Zoning Ordinance, shall be required.
10. 
A sworn statement shall be required that there have been no prior revocations or suspensions of this or a similar certificate, in which event a certificate shall not be issued, which denial may be appealed as provided hereinafter.
11. 
The person offering a dwelling unit as an ADU must be the owner of the dwelling unit. A tenant of a property may not apply for an ADU certificate, nor shall the property or any portion thereof be sub-leased by the tenant or operated as an ADU by the tenant. This ADU regulation shall supersede any conflicting provision in a private lease agreement permitting sub-leasing of the property, or any portion of the property. Violation of this Section will result in enforcement action against the tenant, the ADU owner, and the Responsible Party, and will subject all such parties to the issuance of a Summons and levying of fines and/or penalties.
12. 
The ADU owner must be current with all tax and sewer charges assessed to the property prior to the issuance of a permit. In the event that any code violations have been issued by the City relating to the ADU, a permit shall not be issued until such time as such violations have been properly abated. The ADU owner must also close any open construction permits for the property prior to the issuance of an ADU permit.
13. 
All fines or penalties issued by the Municipal Court for the City of Asbury Park for any past code violations relating to the ADU, including penalties for failure to appear in Court, must be satisfied in full prior to the issuance of an ADU permit.
[Added 3-27-2024 by Ord. No. 2024-7]
a. 
Once an application is submitted, complete with all required information and documentation and fees, the Department of Code Enforcement or their designee, following any necessary investigation for compliance with this Section and applicable Sections of Chapter 30, "Land Development Regulations," shall either issue the ADU certificate, or issue a written denial of the certificate application (with the reasons for such denial being stated therein), within 10 business days.
b. 
If denied, the applicant shall have 10 business days to appeal in writing to the City Manager, by filing the appeal with the City Manager's Office.
c. 
Within 30 days thereafter, the City Manager or his designee shall hear and decide the appeal. Any further appeals shall be made to the Superior Court of New Jersey.
d. 
A certificate shall only be issued after all outstanding violations have been abated.
[Added 3-27-2024 by Ord. No. 2024-7]
a. 
Operation of an ADU shall be in accordance with the requirements set forth herein. Additionally, operation of an ADU shall comply with all requirements set forth in Section Subsection 30-75.4 of the City Code and/or other applicable Sections of Chapter 30, "Land Development Regulations."
[Added 3-27-2024 by Ord. No. 2024-7]
a. 
A violation of any provision of the within section may subject the ADU owner, tenant, and/or the Responsible Party or their agents to the penalties set forth in Section 1-5 of the City Code.