A. Conformity Required. No building shall hereafter be used, erected, altered, converted, enlarged, added to, moved or reduced, wholly or in part, nor shall any land be designed, used or physically altered for any purpose or in any manner except in conformity with this chapter. Where a lot is formed from part of a lot already occupied by a building, such subdivision shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing building and all yards and other open space in connection therewith and so that all resulting lots have adequate dimensions consistent with the requirements of the zoning district in which they are located and so that all lots have frontage on a street. The provisions of this chapter shall not apply to any lands or buildings owned, leased or used by the Borough of Avon-by-the-Sea.
B. Nonconformity; Variance. Except as hereinafter provided, no building or structure or part thereof shall hereinafter be erected, structurally altered, enlarged or rebuilt except in conformity with the lot dimension, yard, coverage, height and spacing regulations herein prescribed. Any building or structure that does not conform to such regulations, hereinafter referred to as the building regulations of this chapter, shall be deemed a nonconforming structure, irrespective of the use to which it is put. Any nonconforming structure may be expanded or altered without the need for a variance provided the expansion or alteration does not expand any existing nonconforming condition or create a new nonconforming condition. Building variances granted by the appropriate municipal agency shall be deemed to be conforming structures or uses.
C. Continuance of Nonconformance. Any legally established existing use of a building or structure, lot or land, or part thereof, at the time of adoption of this chapter, which use constitutes a nonconforming use under the provisions of this chapter may be continued.
D. No Yards, Off-Street Parking and Loading and Open Space to be Used for Another Building. No yard, or part thereof, or any other open space, or off-street parking or loading space required, about, or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
E. Reduction in Dimension or Area Prohibited. No yard, lot, open space, parking or loading area or other areas required by this chapter that existed at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
F. No Buildings in Yards. Except as hereinafter specified in this chapter, yards required by this chapter shall be entirely free of buildings or parts thereof.
G. Projections. Cornices and eaves, chimneys and bay windows shall not project more than two feet over any required yard or court except that no such projection shall be closer than three feet to a lot line. Any projection over two feet shall be considered part of the principal building and shall conform to all setbacks.
H. Ornamental Features. Sills, leaders, belt courses and similar ornamental or structural features shall not project more than six inches into any required yard.
I. Outside Display. No outside display of wares for sale, vending machines, or products manufactured on the site shall be permitted on any lot, except as otherwise permitted by this chapter.
J. Roof Structures. Roof structures such as mechanical equipment, water towers, etc. shall be screened from public view, or designed, in such a fashion as to complement the architecture of the building.
K. Specific Prohibition. All uses not specifically permitted in a zone are specifically prohibited in that zone.
L. Temporary Sales. No vending carts, vehicles or structures for temporary sales of any goods shall be permitted on any lot unless a site plan has been approved by the municipal agency.
M. Hazardous Areas. No dwelling or principal structure shall be erected on land which is unsuitable for improvement because it is subject to hazards to life, health, or property, unless the owner agrees to take approved adequate measures to eliminate such hazards.
Such approval must be obtained from the Planning Board. The Board shall make or instigate adequate investigation by a recognized, trained or licensed authority before granting approval and only after a public hearing thereon. Expense incurred for such investigation must be paid for by the applicant, and no certificate or permit shall be issued until payment in full is received. The exception to the above would apply to structures necessary for access and safety such as bridges, culverts, or protective walls and fences or for accessory agricultural structures, such as irrigation facilities, dependent upon access to water.
N. Compliance With Bulk Standards. Any use not permitted in a zone but for which approval is given by the Planning Board shall comply with the bulk standards of the most restrictive zone in which the use is permitted, as determined by the Zoning Officer. If the use is not permitted in any zone within the Borough, the standards applying to the most restrictive zone within which a similar use is permitted, as determined by the Zoning Officer, shall apply. Where no such similar use exists, the standards of the subject zone shall apply.
O. Flags and Pennants. Any multiple number or string of flags or pennants for display or to attract attention shall not be permitted in any zone. Temporary use of string of flags or pennants for grand openings only may be permitted for a period not to exceed thirty (30) days upon approval of the construction official.
P. Use and Occupancy of Detached Dwellings by Families Only.
(1) Use and Occupancy Regulations. For the reasons stated in paragraph (2) below, the use and occupancy of individual dwelling units throughout all districts shall be restricted to families only as defined in this subsection.
(2) Purpose. The preservation of "family style living" and the preservation of the character of residential neighborhoods as such are legitimate zoning goals. The Borough of Avon is concerned with maintaining the stability and permanence generally associated with single family occupancy throughout its residential neighborhoods. A municipality may endeavor, by legitimate means, to secure and maintain the blessings of quiet seclusion and to make available to its inhabitants the refreshment of repose and the tranquility of solitude. The Borough of Avon-by-the-Sea possesses these goals and, by the regulation herein contained, implements them in a manner which bears a reasonable relationship to the problem sought to be resolved. That problem is the use and occupancy of single family dwellings interspersed among the residential neighborhoods of the community, by groups of individuals whose living arrangements, although temporarily in the same dwelling unit, are transient in nature and do not possess the elements of stability and permanency which have long been associated with single family occupancy. Such living arrangements are not compatible with the family style living sought to be preserved. Such occupancies are in the nature of rooming houses, boarding homes, hotels, motels, and the like. Such uses do not meet the definition of family as contained in this subsection and are prohibited in detached dwellings in all residential zones. This subsection provides zoning classifications that allow for ample apartment and townhouse uses, and there are presently many such uses in existence through the Borough. Ample housing exists within the Borough of Avon-by-the-Sea for those who choose to live under arrangements that do not meet the definition of family as provided in this subsection.
A. Principal permitted uses on land and in buildings.
(2) Public playgrounds, parks and public purpose uses.
B. Accessory buildings, structures and uses permitted.
(1) Private residential swimming pools (see §113-25 for standards).
(2) A maximum of one (1) detached residential garage measuring no more than twenty-six (26) feet in width and depth, and for the purpose of housing no more than 2 vehicles. Carports are specifically prohibited.
(3) No more than one (1) shed not to exceed one hundred (100) square feet in floor area.
(4) Fences and walls (see §113-18).
(5) Piers, docks and boat mooring slips.
(6) Decks, patios and porches.
(7) Antennas not to exceed three (3) feet in height, and television "dish" antennas not to exceed twenty-four (24) inches in any one dimension.
(8) No more than one (1) trellis not to exceed one hundred (100) square feet in floor area. [Added 5-9-11 by Ord. No. 6-2011]
C. Additional requirements.
(1) Minimum Lot Requirements.
Lot area 7,000 square feet
Lot width 50 feet
Lot depth 100 feet
(2) Minimum Setback Requirement-Principal Building.
Front yard setback See note (a)
Rear yard setback 25 feet
Side yard setback (each) Minimum of 5 feet [Amended 1-30-12 by Ord. No. 3-2012]
(aggregate of two side yards) 25% of lot width
Note:
(a) The front yard shall be determined on the basis of the average front yard depth within the block facing the same street as the subject property (or adjacent block if there are no existing buildings in the block). For new construction, the subject site shall not be included in the calculation. [Amended 5-9-11 by Ord. No. 6-2011]
(3) Maximum Coverage.
For lots over five thousand (5,000) square feet:
Thirty-two (32%) percent if detached garage provided.
Twenty-seven (27%) percent if no detached garage provided.
Note: A three (3%) percent increase in lot coverage, building is allowed if a covered front porch is provided. However, the house and garage portion of the lot coverage may not exceed the coverage percent allowed above without a porch.
For lots five thousand (5,000) square feet and less: Thirty-five (35%) percent
Lot coverage, Impervious: fifty (50%) percent
(4) Maximum building height.
(a) No principal building located on a lot that conforms to the minimum lot width requirements of Section 113-11.C(1) shall exceed thirty-five (35) feet in height. Maximum permitted building height of a principal building located on a lot that has less than the minimum lot width requirement shall be reduced by a percentage equal to the percent of lot width deficiency, except that the maximum permitted height of any principal building on any lot shall not be less than twenty-eight (28) feet. For example, a principal building on a lot with a lot width of forty-five (45) feet shall have a maximum permitted height of thirty-one and one-half (31.5) feet (ten (10%) percent lot width deficiency results in a reduction of the building height by ten (10%) percent of thirty-five (35) feet or three and one half (3.5) feet). No principal building on any lot shall exceed two and one-half (2.5) stories above grade.
(b) No detached garage shall exceed eighteen (18) feet in height.
(c) No shed or other accessory building shall exceed eight (8) feet in height.
(5) Minimum required ground floor area.
(a) One (1) story single family detached dwelling unit: one thousand twenty (1,020) square feet.
(b) Single family detached dwelling units over one (1) story: six hundred thirty (630) square feet.
(6) Accessory buildings, structures, and uses. Accessory structures intended for use or occupancy and located on or above ground, including swimming pools, patios, and decks, shall not be located in any front yard, must maintain the required side setback of the principal structure and shall maintain a minimum six (6) foot rear yard setback unless otherwise stated in this Ordinance. Fences are specifically not covered by this restriction and are governed by Article V or this chapter. Driveways shall maintain a three (3) foot side yard setback.
(7) Attached Residential Garages. No attached residential garage shall be intended for the storage of more than two (2) vehicles. Attached garages shall not be permitted if the property contains access to a lane. Where attached garages are permitted, the maximum height of that portion of the principal structure shall be limited to eighteen (18) feet. [Amended 5-9-11 by Ord. No. 6-2011]
(8) Detached Residential Garages. The roof of a detached garage shall be limited to a "gable" or "hip" style roof. A garage roof may have one (1) or two (2) window dormers in each side of which no window shall be larger than four (4) feet in width, and may, in total, be no more than thirty-three and one third (33 1/3%) percent of the total length of the roof.
(9) Decks: [Amended 5-9-11 by Ord. No. 6-2011]
(a) Decks, Pervious. Pervious decks shall not be permitted in the front yard. Pervious decks shall be limited to the ground level. Pervious decks shall meet the setback requirements of the principal structure. The total area of all pervious decks on any lot, including stairs accessing any deck, shall be limited to five (5%) percent of the total area of the lot.
(b) Decks, Impervious. Impervious decks shall be permitted as follows:
(i) First floor impervious deck: No ground level decks in the front yard. Side and rear yard ground level decks may be covered with a roof structure (aka "Porch"). Size shall be governed by lot coverage, building.
(ii) Second floor impervious deck: Permitted above any approved porch or portion of the principal building that is located behind the required yard setback. Only the portion of deck located behind wall of principal building may be covered with a roof structure. Size shall be governed by area of approved porch below, plus up to one hundred twenty-five (125) square feet of deck area behind walls of principal structure below.
(iii) Third floor impervious deck: Permitted provided that deck does not extend beyond the wall of the principal building. Deck may be covered with a roof structure. Size shall be limited to eighty (80) square feet of deck area.
(iv) No decks shall be permitted above the highest floor level of the structure.
(10) Exterior Air Conditioning Units. No exterior air conditioning unit shall be located closer than five (5) feet to any adjacent residential property line.
(11) Guidelines for the renovation of preexisting nonconforming garage apartments.
(a) All garage apartments shall have pitched roofs and no dormers shall be permitted.
(b) Applicants shall provide justification for the height of the building, but in no instance shall the height of a building exceed twenty-six (26) feet.
(c) Living area shall be permitted on the second floor only.
(d) Outdoor stairways providing access to the second floor shall be prohibited.
(12) Guidelines for the renovation of preexisting nonconforming cottages and bungalows.
(a) All cottages and bungalows shall have pitched roofs.
(b) Applicants shall provide justification for the height of the building.
(c) Living area shall be permitted on the first floor only.
(13) Roof Pitch. All roofs in shall have a minimum pitch of five (5) vertical to twelve (12) horizontal.
D. Conditional uses.
Accessory apartments for low and moderate income households in single family homes and accessory buildings, provided:
(1) The owner of the lot resides on a year-round basis on the property in question;
(2) The lot conforms to the area and dimensional requirements of the zoning district;
(3) The location of the apartment conforms to the yard requirements of the zoning district;
(4) There shall be no more than one (1) accessory apartment on any lot;
(5) The accessory apartment shall be in full compliance with all applicable health and construction codes;
(6) No accessory apartment may occupy more than thirty-five (35%) percent of the total square footage of the applicant's house;
(7) Each apartment shall have a minimum of two (2) rooms (excluding bathrooms) and have direct access to the outside or a hall with direct access to the outside. The egress door shall not alter the character of the exterior facade of the structure containing the apartment;
(8) The occupant of the apartment must meet the income limitations established by COAH for the Mercer-Monmouth-Ocean Housing Region;
(9) The rent must be affordable to a household earning no more than fifty-seven and five-tenths (57.5%) percent of median income as determined by the procedures in the Borough's Affordable Housing Ordinance (Chapter 114);
(10) Affordability controls of at least thirty (30) years shall be imposed on the accessory apartment via a deed restriction or other instrument acceptable to the Borough Attorney;
(11) A condition of approving an accessory apartment shall be that the owner must submit an affidavit of continuing use every two (2) years; and
(12) The Borough has not met its 1987-1999 housing obligation.
It is the purpose of the General Commercial Zone to substantially upgrade the appearance of the northern one-third of the Main Street Corridor; to provide neighborhood type retail services oriented to the needs of the residents of the Borough; to provide general and professional office uses to compliment the retail uses; and to provide adequate off-street parking for all permitted uses.
A. Principal permitted uses on the land and in buildings.
(1) The following retail sales of goods and services:
Advertising agency
Advertising specialty office
Antique store
Apparel
Appliance store
Art gallery
Artist's supply
Audiovisual equipment
Bakery store
Bank
Barbershop
Beauty and cosmetic shop
Bicycle store
Books, periodicals and newspaper sales
Business equipment sales
Butcher store or meat market (no slaughtering permitted)
Camera and/or photographic supply store
Candy store
Ceramic store
China store
Cigars and tobacco sales
Cleaners' pick-up or laundry pick-up (no processing on premises)
Child care center
Coin dealer
Cosmetic store
Costume rental & sales
Credit union office
Curtain store
Delicatessen
Employment agency
Electrical supplies
Fabric store
Finance company
Floor covering
Florist
Food products
Furniture sales
General office buildings
Gift store
Glassware
Greeting card store
Grocery store
Hardware
Hobby store
Home furnishings
Home improvement office
Household appliance
Ice cream store
Interior decorator
Jewelry store
Leather goods and luggage
Liquor store
Locksmith
Major appliance sales
Medical and dental offices
Musical instrument store
Office equipment and supplies
Optical goods
Paint, glass and wallpaper store
Pet shop (including pet grooming)
Pharmacy
Phonographic sales and service
Photographic studio
Printers' office and establishment
Physical culture and health establishments
Professional office
Real estate and insurance
Record store
Reducing salon
Seafood store
Shoe and hat repair
Specialty food store
Sporting goods store
Stamp and coin store
Stationery store
Surgical and medical supplies sales
Tailor
Telephone answering service
Television, radio, electronics, sales and service
Toy store
Travel agency
Travel ticket office
Telephone and telegraph office
Uniform rental and sales
Variety store
(2) Public uses.
B. Conditional uses permitted.
(1) Restaurants (sit down only), taverns.
(2) Public utility uses.
(3) Accessory apartments provided:
(a) At least half the apartments are affordable to low or moderate income households.
(b) The apartment is located above the first floor;
(c) The building containing the apartment conforms to the height limitations and yard requirements established within the zoning district;
(d) The apartment shall be in full compliance with all applicable health and construction codes;
(e) Each apartment shall have a minimum of two (2) rooms (excluding bathrooms) and have direct access to the outside or a hall with direct access to the outside;
(f) The occupant of the apartment must meet the income limitations established by COAH for the Mercer-Monmouth-Ocean Housing Region;
(g) The average rent for a low or moderate income apartment must be affordable to a household earning no more than fifty-seven and five-tenths (57.5%) percent of median income as determined through the procedures outlined in the Borough's Affordable Housing Ordinance. If more than one (1) apartment is proposed for any property, at least fifty (50%) percent of all apartments shall be affordable to low income households earning no more than forty-four (44%) percent of median income. The other half of the affordable units shall be affordable to moderate income households earning no more than seventy-one (71%) percent of median income. Avon may permit owners to fund the entire cost of a regional contribution agreement in lieu of constructing moderate income housing units. The Borough Planning Board shall require evidence that a municipality in the Mercer-Monmouth-Ocean Housing Region is willing to accept the regional contribution agreement at a cost that equals or exceeds COAH minimum standard for a regional contribution agreement as a condition of accepting a payment in lieu of construction of a moderate income unit. Where the Borough permits an applicant to fund a regional contribution agreement, the applicant shall be able to replace the moderate-income unit with a market unit. For purposes of illustration, where an applicant is proposing to construct four (4) apartments, one (1) must be affordable to a low-income household and one (1) must be affordable to a moderate-income household. The Borough may allow the applicant to fund a regional contribution agreement for the moderate income housing unit and construct three (3) market units and one (1) low income unit on site.
(h) Affordability controls of at least thirty (30) years shall be imposed on the accessory apartment via a deed restriction acceptable to the Borough's attorney;
(i) A condition of approving an accessory apartment shall be that the owner must submit an affidavit of continuing use every two (2) years.
(j) The Borough has not addressed its 1987-1999 housing obligation;
(k) Outdoor cooking facilities on balconies and terraces are prohibited;
(l) No room within a dwelling unit intended for human habitation shall be located in a cellar, basement, or attic except that centralized laundry facilities or individually arranged storage areas may be so located;
(m) All television antenna equipment shall be built into the building to eliminate individual antennas being erected on the roof;
(n) Air conditioning of the units shall be designed to eliminate the need for air conditioning units extending from the exterior wall;
(o) Outside washing or drying of clothes is prohibited, as is the utilization of balconies or terraces for such purposes. Each building shall provide at least one (1) washer and dryer for each five (5) dwelling units for the exclusive use of the occupants of the development, unless each unit is provided with a washer and dryer;
(p) Off-street parking is limited to the privately owned, noncommercial or nonrecreational vehicles of residents or their guests;
(q) Outdoor unenclosed storage of any item is prohibited. A suitable trash and recyclable storage area completely surrounded by a six (6) foot high solid fence with solid gates shall be provided, which may be combined with the trash and recyclable storage area for the commercial use of the property. All outside trash and recyclables shall be stored in this area and shall not be in public view over the fence height.
C. Accessory uses permitted.
(1) Off-street parking (see §113-21).
(2) Fences and walls (see §113-18).
(3) Antennas not to exceed three (3) feet in height, and television "dish" antennas not to exceed twenty-four (24) inches in any one dimension.
D. Maximum height permitted. No building or structure shall exceed thirty-five (35) feet and three (3) stories except as otherwise specified in this chapter.
E. Area and yard requirements. See note (d)
Notes:
(a) In order to encourage an end product that provides parking, access and architectural continuity even where development occurs piecemeal and with diverse ownership, buildings may be attached and may be built to the interior side lines(s) in order to be attached. Attached buildings may include two (2) walls, which must be keyed to each other. Where buildings are built to both side lot lines, the site plan shall be accompanied by appropriate legal material and plans showing properly located loading spaces and trash receptacles with permitted access across adjacent properties. If structures are not attached, the side yard(s) shall be five (5) feet.
(b) The front yard shall be determined on the basis of the average front yard depth within the block (or nearest adjacent block to the site if there are no existing buildings in the block). For construction of a new building, the applicant's property shall be excluded from the calculation.
(c) No provision stipulated herein shall prohibit a permitted use from being situated adjacent to a railroad right-of-way for purposes of loading and unloading materials.
(d) Minimum and maximum requirements for public purpose uses shall be determined by the Board at the time of application, except that building height shall be as required in Subsection D. above.
F. General requirements.
(1) One (1) lot may contain more than one (1) principal building, and one (1) building or site may contain more than one (1) principal use provided that the total floor area of the building or buildings on the site does not exceed the maximum building coverage specified for the district.
(2) For parking areas, at least the first five (5) feet adjacent to any street line shall not be used for parking and shall be planted and maintained in lawn area, ground cover, or landscaped with evergreen shrubbery and separated from the parking area by poured concrete curbing.
(3) For retail commercial and service uses, merchandise or similar material may be displayed outside but no more than five (5) feet beyond any facade of a principal building. For all uses, any equipment stored outside shall be suitably screened from view.
(4) All buildings shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes conforming to the Victorian theme of Main Street, and shall not include unpainted or painted cinder block or concrete block walls.
(5) All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formation, contours, existing foliage and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas.
(6) Trash and Recyclable Materials Storage Areas. An enclosed area shall be provided for the temporary storage of trash and recyclable refuse. The following details shall apply to the storage area.
(a) Storage area floor pad shall be a six (6) inch thick concrete slab, reinforced using 6/6/12/12 welded wire fabric;
(b) Enclosure walls/fencing shall be a six (6) foot high solid fence or wall with a self closing gate.
(c) All enclosure gates shall be specified to be self-closing, self-latching, and capable of being fixed securely in the open position.
(d) Trash and recyclable material storage areas may be located no less than five (5) feet from a rear or side property line. No storage area may be located in a front yard.
(7) A minimum of ten (10%) percent of the total lot area shall be landscaped.
(8) All tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building shall be located in a rear yard or on the roof of the building, and shall be screened from public view by architectural means such as wall, parapet, or fence that is compatible with the architectural design of the building. Slatted chain link fences shall not be permitted. For the purposes of this section, screened from view shall mean that the architectural element is uniform and at least seventy-five (75%) percent opaque, completely surrounds the equipment, and the top of the piece of equipment does not extend above the top of the architectural element.
G. Minimum off-street loading.
(1) Each activity shall provide for off-street loading and unloading with adequate ingress and egress from streets and shall provide such area(s) at the side or rear of the building.
(2) Loading area requirements may be met by combining the floor areas of several activities taking place under one roof and applying the ratios established in Article V of this chapter.
