It is the purpose of this program to help meet Ocean City's Fair Share Housing Obligation through the voluntary conversion of existing single family or two (2) family dwellings, or accessory buildings to accommodate accessory apartments for year round occupancy within the City of Ocean City. (Ord. #99-13, 1; Ord. #02-19)

Only owners who occupy single family detached or two family dwellings, as their primary residence, in which an accessory apartment will be located or owners who occupy the principal structure on a lot on which an accessory unit will be located shall be eligible to participate in the accessory apartment program. Eligibility is further determined and conditional on the following criteria:

a. The owner must agree to rent the accessory apartment unit only to low or moderate income households. Proof of the tenant's income qualifications will be required by Ocean City who shall administer the program.

b. The owner of the accessory apartment shall agree to comply with all rules and regulations of the City relative to the subsidized accessory apartment program. (Ord. #99-13, 1; Ord. #02-19)

Accessory apartments shall only be permitted in the R-2 and RMF Zone Districts exclusive of any lots located on the bayfront or oceanfront. (Ord. #99-13, 1; Ord. #02-19)

The gross floor area of the accessory apartment shall be no less than four hundred fifty (450) square feet and not more than nine hundred fifty (950) square feet. It shall contain one (1) kitchen with sanitary facilities including a sink, refrigerator and cooking facilities. It shall have one (1) full bathroom with a sink, toilet and tub or shower. The accessory apartment unit and any existing unit shall each have a separate door with direct access to the outside and the development shall not result in the placement of an additional door on the front facade of the principal structure. (Ord. #99-13, 1; Ord. #02-19)

Accessory apartments created by new construction shall conform to the parking requirements of the zone district (R-2 or RMF) in which the lot is located. Accessory apartments created through renovation or rehabilitation of existing structures shall be required to create one (1) additional off-street parking space. All parking spaces shall comply with the parking requirements of this ordinance. (Ord. #99-13, 1; Ord. #02-19)

Any accessory apartment created under this program shall comply with all building codes of the State of New Jersey as enforced by the Construction Code Official of the City of Ocean City. Owners of buildings in which accessory apartments are located are encouraged to rehabilitate the structure, at the time of the creation of the accessory apartment, so that the entire structure is compliant with all building codes of the State of New Jersey. As an inducement to encourage this compliance, an owner who elects to insure that the entire building is compliant with all building codes of the State of New Jersey shall be eligible for a loan, in addition to the grant for the creation for the accessory apartment. The amount of the loan shall be equal to the cost to rehabilitate the structure to bring it in compliance with all building codes of the State of New Jersey. (Ord. #99-13, 1; Ord. #02-19)

Accessory apartments may only be created on lots and structures which are conforming in all respects to use, building height, habitable stories, lot area, lot width, front yard, side yard, rear yard, maximum building coverage, parking, landscaping and other applicable design and improvement standards, and maximum impervious surface coverage of the zone district in which the lot is located. (Ord. #99-13, 1; Ord. #02-19)

The maximum number of accessory apartments permitted under this section shall be the number that the City of Ocean City is permitted to apply to its Fair Share obligation of low and moderate income dwelling units in accordance with applicable provisions of the Council on Affordable Housing and the Fair Share Plan adopted by the City of Ocean City.

There shall not be more than one (1) accessory apartment on any lot. (Ord. #99-13, 1; Ord. #02-19)

At the time of development a new deed shall be recorded in the Cape May County Clerk's Office containing a restriction that the accessory apartment may only be rented to low or moderate income households. Said restriction shall remain in place for a period of ten (10) years from the date of initial occupancy.

In the event the owner of any property on which a deed restriction has been recorded fails or refuses to comply with the conditions of this Ordinance or any rules and regulations adopted in accordance therewith, the City of Ocean City shall be entitled to pursue any and all remedies at law or equity. Additionally, the owner shall be required to pay to the City of Ocean City, as a penalty, an amount of one hundred twenty-five percent (125%) of any monies received by the City as a grant or loan. (Ord. #99-13, 1; Ord. #02-19)

A minimum of ten thousand ($10,000.00) dollars per unit shall be made available for each accessory apartment created under the provisions of this Ordinance, provided there is compliance with the rules and regulations hereof, or such other rules and regulations adopted by the City of Ocean City to administer the program.

Ocean City shall raise funds for this program through the implementation of a Development Fee Ordinance which shall be adopted simultaneously herewith. Grants and/or loans to implement this program shall only occur if there is sufficient money raised by Ocean City through the implementation of the Development Fee Ordinance. (Ord. #99-13, 1; Ord. #02-19)

The City of Ocean City shall appoint an individual to administer the accessory apartment program. Applications shall be filed with the Administrator and shall include the following:

a. A sketch of the floor plan(s) showing the location, size and relationship of both the accessory apartment and the primary dwelling within the building.

b. Sketch elevation showing modification of any exterior building facade to which changes are proposed along with photographs of the elevations of the subject building.

c. A site plan development prepared by a licensed engineer and/or land surveyor showing the location of the existing dwelling and other existing buildings; all property lines; any proposed addition along the minimum building setback lines, the location, size and extent of all underground utilities and the length, width and function of all rights-of-way and easements potentially affecting the addition; parking spaces if required; any natural or manmade conditions which may affect construction. All plans and elevations shall be clear and concise and drawn to a scale of not less than one inch (1") equals four feet (4') for the floor plans and elevations, and one inch (1") equals twenty feet (20') for the site development plan. (Ord. #99-13, 1; Ord. #02-19)