It is the purpose of the Mixed Office/Residential Zone to maintain the existing character of the southern end of the Main Street corridor, to maintain the mix of office and residential uses that has defined that section of roadway; to provide general and professional office uses that are compatible with residential uses; and to provide adequate off-street parking for all permitted uses.
A. Principal permitted uses on the land and in buildings.
(1) Garden apartment and townhouse uses.
(2) Banks, including drive-thru facilities.
(3) Offices and office buildings.
(4) Public purpose uses.
B. Conditional uses permitted.
(1) Public utility uses.
(2) Marinas that provide docks, berths, slips, or tie-up for boats and small pleasure craft.
(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) Decks, patios and porches.
(4) 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 two and one-half (2 1/2) stories except as further specified in this chapter.
E. Area and yard requirements. See also note (c).
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 line(s) in order to be attached. Attached buildings may include two (2) walls that 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 adjacent block if there are no existing buildings in the block).
(c) 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) 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.
(2) There shall be no outdoor display of equipment, supplies or materials.
(3) 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, which shall not include unpainted or painted cinder block or concrete block walls.
(4) 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.
(5) For nonresidential uses, there shall be at least one (1) trash and/or garbage pick-up location provided by each building which shall be separated from the parking spaces by either a location within the building or in a pick-up location outside the building which shall be a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of the three. If located within the building, the doorway may serve both the loading and trash/garbage functions and if located outside the building, it may be located adjacent to or within the general loading area(s) provided the container in no way interferes with or restricts loading and unloading functions.
Requirements for residential uses are included in Section "H" below.
(6) A minimum of ten (10%) percent of the total lot area shall be landscaped.
(7) 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.
(8) Accessory buildings, structures, and uses. Accessory structures intended for use or occupancy and located on or above ground, including 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 chapter. 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.
(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 eight (80) square feet of deck area.
(iv) No decks shall be permitted above the highest floor level of the structure.
G. Minimum Size for Garden Apartment or Townhouse Dwelling Units.
(1) One Bedroom or Efficiency - 700 sq. ft.
(2) Two Bedrooms - 900 sq. ft.
(3) Three or More Bedrooms - 1,200 sq. ft.
H. Additional requirements relating to Garden Apartment or Townhouse Dwelling Units.
(1) 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;
(2) Location, design and arrangement of all buildings improvements, internal roadways, walkways and parking shall be subject to approval of the Planning Board, and be designed to ensure the health, safety and welfare of the residents and their guests, and shall include but not be limited to review of:
(a) Lighting (pursuant to Article V);
(b) Screening and fences, both internal to the site and externally to adjoining sites;
(c) Provision of utilities and disposal of solid waste;
(d) Fire prevention and fire fighting;
(e) Development and maintenance of common open space;
(3) All television antenna equipment shall be built into the building to eliminate individual antennas being erected on the roof;
(4) Air conditioning of the units shall be designed to eliminate the need for air conditioning units extending from the exterior wall;
(5) 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;
(6) Off-street parking is limited to the privately owned, noncommercial or nonrecreational vehicles of residents or their guests;
(7) Outdoor unenclosed storage of any item is prohibited. There shall be a trash and recyclable storage area completely surrounded by a six (6) foot high solid fence with solid gates. All outside trash and recyclables shall be stored in this area and shall not be in public view over the fence height;
(8) Each dwelling unit shall be provided with at least seven hundred (700) cubic feet of storage, exclusive of closets;
(9) Common areas, if any, shall be deeded to a corporation, association, individuals, or other legal entity consisting of the property owners within the development for their use, control management and maintenance; and
(10) Outdoor cooking facilities on balconies and terraces are prohibited.
It is the purpose of the Downtown Commercial Zone to substantially upgrade the appearance of the Main Street corridor; to provide a community oriented downtown commercial district; 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
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
Credit union office
Curtain store
Delicatessen
Fabric store
Florist
Food products
Furniture sales
General office buildings
Gift store
Glassware
Greeting card store
Grocery store
Hobby store
Home furnishings
Home improvement office
Household appliance
Ice cream store
Interior decorator
Jewelry store
Leather goods and luggage
Liquor store
Locksmith
Medical and dental offices
Musical instrument store
Office equipment and supplies
Optical goods
Paint, glass and wallpaper store
Pet shop (including pet grooming)
Phonographic sales and service
Photographic studio
Physical culture and health establishments
Professional office
Real estate and insurance
Record store
Reducing salon
Restaurant, sit down
Seafood store
Shoe and hat repair
Specialty food store
Sporting goods store
Stamp and coin store
Stationery store
Tailor
Toy store
Travel agency
Travel ticket office
Uniform rental and sales
Variety store
(2) Public purpose uses.
B. Conditional uses permitted.
(1) Public utility uses.
(2) 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's 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 shall exceed thirty-five (35) feet and two and one-half (2 1/2) stories except as further allowed in this chapter.
E. Area and yard requirements. See also notes (d) and (e)
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 that 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 adjacent block if there are no existing buildings in the block).
(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.
(e) Uncovered outdoor seating areas for restaurants shall not be considered with regard to calculating building coverage requirements.
F. General requirements.
(1) 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.
(2) For retail commercial and service uses, no merchandise or similar material shall be displayed outside beyond five (5) feet of any building. For all uses, any equipment stored outside shall be suitably screened from view.
(3) 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, which shall not include unpainted or painted cinder block or concrete block walls.
(4) 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.
(5) Outdoor seating for restaurants and eating establishments may be permitted provided that it is located in the front of the building between the building and the street line, and is not located within the public right-of-way.
(6) A minimum of ten (10%) percent of the total lot area shall be landscaped.
(7) 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 retail 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 above ratios.
H. 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.
(1) Storage area floor pad shall be a six (6) inch thick concrete slab, reinforced using 6/6/12/12 welded wire fabric;
(2) Enclosure walls/fencing shall be a six (6) foot high solid fence or wall with a self closing gate.
(3) All enclosure gates shall be specified to be self-closing, self-latching, and capable of being fixed securely in the open position.
(4) 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.
