ORD 2000

CITY OF NORTH WILDWOOD

COUNTY OF CAPE MAY , NEW JERSEY

ORDINANCE NO . 2000

AN ORDINANCE AMENDING CHAPTER 276 -17 ” GA GARDEN APARTMENT DISTRICT ” TO REQUIRE INCLUSIONARY AFFORDABLE HOUSING

WHEREAS, the City has an affordable housing obligation to address its affordable housing obligations in accordance with applicable law; and

WHEREAS, the City’s Planning Board has adopted a Housing Plan Element and Fair Share Plan intended to describe the mechanisms through which the City address its affordable housing obligations; and

WHEREAS, said Housing Plan Element and Fair Share Plan recommends amendments to the City’s zoning code to address its affordable housing obligations; and

WHEREAS, the City wishes to enact those recommendations as set forth in the Housing Plan Element and Fair Share Plan; and

N OW, THEREFORE , BE IT ORDAINED, by the Mayor and Council of the City of North Wildwood, Cape May County, New Jersey, that:

Section One. The Land Development Regulations set forth in Chapter 276 of the Code of the City of North Wildwood are hereby amended and supplemented to amend Chapter 276-17 “Garden Apartment” zoning district as follows:

§276-17. GA Garden Apartment. – note: the Garden Apartment Zoning District is exclusively subject to the City’s Affordable Housing & Fair Share Plan parameters.

A. Principal permitted uses on the land and in buildings:

(1) Garden apartments. For the purposes of this section, “garden apartment” is defined to mean: a multifamily structure, as an inclusionary or affordable housing development, which will include market units and affordable units. A market unit is a unit sold or rented without an affordable housing restriction. An affordable unit is a unit restricted for affordable housing in accordance with the Uniform Housing Affordability Controls standards adopted by the New Jersey Housing and Mortgage Agency.

(a) Each such dwelling unit shall have an independent means of ingress and egress as well as individual sleeping, full-service cooking, sanitary and general living facilities (all internal to the unit).

(b) Each garden apartment dwelling unit shall be a minimum of 600 square feet and a minimum of 24 feet wide, subject to the table as referenced in §276-48(F). All the affordable units must comply with UHAC.

(c) Exterior (end) lots shall be a minimum 36 feet wide in order to contain a 24 foot-wide unit and a 12 foot-wide side yard setback, which can be used as a driveway. In the alternative, exterior lots may be 24 feet wide, provided that an additional 12 foot side yard setback (under some form of common ownership) is maintained. Garages and off-street parking for garden apartment buildings shall be accessed from the rear of the building, which may be accessible from a loop road employing common end-unit driveways.

(d) No garden apartment building in the GA Zoning District shall be constructed unless the development is part of a Planning Boardapproved site plan and unless the following minimum standards are met, in addition to other applicable requirements of this chapter.

(e) Garden apartment buildings shall also include the requirements of §276-48 & §276-50 as applicable.

(f) Any garden apartment development is required to abide by the City’s lot grading ordinance, at §286-1, et seq. and the City’s bulkhead ordinance at §178-1 et seq., as applicable.

(2) Public playgrounds, public conservation areas, public parks, public open space and public purpose uses.

(3) Community residences for persons with developmental disabilities, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, and all other entities which may in the future be set forth in N.J.S.A. 40:55D-66.1 and N.J.S.A. 40:55D-66.2; and the requirements for all of those residences shall be the same as for § 276-15 within this zone.

B. Conditional uses permitted:

(1) Public utilities’ central substations (see § 276-7 of Article II for definition), subject to the following:

(a) The proposed installation in a specific location must be necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located.

(b) The design of any structure in connection with such facility must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding area.

(c) Adequate fencing and other safety devices shall be provided and shall be installed in accordance with the applicable requirements of the New Jersey Board of Public Utilities and/or other applicable codes.

(d) Site landscaping shall be provided in sufficient quantity and placement in order to create a visual buffer from all public rights-of-way or adjacent properties.

(e) Off-street parking shall be provided as determined by the needs of the facility.

C. Accessory uses permitted:

(1) Noncommercial recreational facilities.

(2) Off-street parking and private garages (see below and § 276-35, Off-street parking, loading areas and driveways). Integrated and/or Detachedgarages and off-street parking for garden apartment buildings shall be on-site & on the same lot of the garden apartment building(s). Integrated/attached garages shall be considered part of the principal structure to the Garden Apartment structure & shall not constitute an accessory structure/use. Detached garages to the garden apartment principal structure, on the same lot/parcel, shall require the front of the garage to be set back a minimum of 20 feet from the front facade of the principal structure, not exceeding 15 feet in height. Integrated garages, detached garages & surface open-air or roofed over off-street parking are permitted as accessory structures to the Garden Apartment dwelling.

(3) Private residential sheds for the storage of objects by the residents of the property, on the same lot/parcel, each not exceeding 15 feet in height from grade/ground elevation, and altogether not exceeding 150 square feet in gross floor area. All residential sheds must be anchored to prevent flotation, collapse, or lateral movement of the structure. Private residential sheds may not encroach into the front yard required for the residential use in the zoning district in which it is located.

(4) Fences and walls (see § 276-30, Fences, walls and sight triangles).

(5) Air-conditioning/HVAC compressor units and emergency electrical generators are not permitted in the front yard of any principal structure and/or lot. Air-conditioning/HVAC compressor units and emergency electrical generators are part and parcel and are a part of the principal structure located on the property and, as such, are not permitted within the side yard and rear yard setbacks of the property. Temporary (i.e., removable) window air-conditioning units and temporary ductless air-conditioning/HVAC compressor units that do not project more than one foot beyond the existing structure are permitted when incorporated into an existing building by way of renovation. Replacement of in-kind units, without any increase in footprint size, located in the setback area prior to the adoption of this chapter are exempt from this regulation.

(6) Signs (see § 276-17I herein below and § 276-40, requirements for signs).

(7) Public utility cabinet(s) not exceeding three feet in height, with adequate landscaping screening as necessary, and not located in sight triangle easements at street corner intersections. It is recommended that public utility cabinet(s) be located underground in watertight vaults.

(8) Public utility lines for the transportation, distribution, or control of water, electricity, gas, oil, steam, CATV and telephone communications, and their supporting members, other than buildings or structures, shall not be required to be located on a lot, nor shall this chapter be interpreted as to prohibit the use of a property in any zone for the above uses. All public utility lines shall be located in the utility strip if paralleling the street and shall be installed underground as practical as possible.

(9) Handicapped access to residences. A ramp to provide handicapped access to single-family detached dwellings, twin or two-family dwelling units, duplexes and semidetached dwelling units may encroach into the front, side or rear yard required for the residential use in the zoning district in which it is located, provided:

(a) The intrusion shall be into the front yard only if it is impossible to provide handicapped access to the side or rear of the residential premises.

(b) A handicapped person resides or will reside in the dwelling.

(d) The applicant for handicapped access ramp approval shall demonstrate to the Zoning Officer that there is no other way than that proposed to construct a handicapped ramp so as not to protrude into the front, side or rear yard.

(e) The ramp shall be constructed so as to comply with all applicable construction standards as to size, slope and other details.

(f) The foregoing approval shall only be permitted in conjunction with residential housing defined in the Garden Apartment Zoning District. No such approval shall be granted in connection with any other type of housing, and no such approval shall be granted in any case with regard to commercially used property.

(g) A certification from the Zoning Officer shall be required indicating compliance with all the aforesaid requirements before a construction permit may be issued for the proposed ramp.

(10) Satellite dish antennas. Dwelling units shall have access to a master television antenna system, and individual units may not erect individual external television antennas and/or satellite dish antennas.

(12) Solar energy systems (see Article XII).

D. Maximum building height: Seventy (70) feet in height from the base flood elevation (BFE) orsix stories, whichever is less.

(1) The following structures may be erected above the heights prescribed by this chapter, but in no case shall the height of any of these appurtenances exceed a height equal to 10% more than the maximum height permitted for the particular use in the zoning district:

(a) Decks; however, in no case shall a deck be permitted to be constructed higher than the floor of the existing top floor of a structure.

(b) Skylights, spires, cupolas, flagpoles, chimneys or similar structures; safety enclosures of rooftop areas of hotels and motels used for sundecks and other recreational purposes.

(2) Cellular telephone antennas and/or associated equipment are expressly excluded from this provision.

E. Area and distance requirements.

NOTES:

All portions of the tract not utilized by buildings or paved surfaces shall be landscaped, utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, 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.

Excluding any land covered with water.

F. Special design standards applicable to the GA Zoning District. The following building design standards and treatment are the minimum required in the GA Zoning District. Such standards shall apply to all development in this zoning district. While specific theming for development in the GA Zoning District is not recommended, designers are strongly encouraged to recognize the historic setting of North Wildwood as a seashore resort when designing the proposed development. It is required that the following regulations shall be treated as design elements for each new development subject to “c” variance relief or conditional use standards subject to “d” variance relief should requirements not be met.

(1) Each building and complex of buildings shall be designed and architecturally treated to provide attractiveness to the development as a whole, the individual buildings and units therein and to complement, where appropriate, adjacent land uses. Variations in design and treatment in the form of the orientation of buildings to the natural features of the site, their relationship to other buildings both on and adjacent to the site, and from such features as varied unit widths, differentiation of exterior materials, changing rooflines and roof designs, variation in building and unit height, changing of window types, shutters, doors, porches and exterior colors, is required. To facilitate such design and treatment:

(a) Exterior building architecture shall coordinate form, materials, color and detailing to achieve design harmony and continuity for all building elevations, both within a single structure and between separate structures, as well as between the development and the surrounding neighborhood.

(b) While the level of finish for secondary (side and rear) facades need not be as detailed as the front (primary) elevation, large expanses of uninterrupted wall space are prohibited. The use of regularly spaced windows, building articulation and/or architectural adornments is required to maximize building aesthetics.

(c) Colors shall be neutral, earth-tone or traditional palates in order to provide a visual harmony with the surrounding environment. More-vibrant colors may be used for accent purposes.

(d) While buildings may functionally have entrances on the interior of the development, all buildings that front a public street right-of-way shall be designed to give the appearance that their primary (front) elevation faces such right-of-way.

(e) Except where used for architectural accent or ornamental purposes, the use of exterior insulation finish systems (EIFS), smooth-faced concrete block (CMU), stucco or stucco-like products (Dryvit or similar) and barnboard (T-111) is prohibited.

(f) The incorporation of traditional covered front porches and balconies that maximize waterfront views is encouraged. Such elements should be sufficiently sized to accommodate comfortable outdoor seating.

(g) Except where used for architectural accent or ornamental purposes, the use of prefabricated steel panels and standing-seam metal roofs is encouraged.

(h) While buildings may be constructed on pilings, exterior foundation walls shall surround all buildings from grade to the start of the siding material.

(i) Foundation walls, whether structural or not, shall be treated with latticework, brickwork, stucco or organic or manufactured stone to a height of two feet from finished grade. Above two feet, foundations shall be finished with the same materials and in the same architectural fashion as the balance of the subject elevation.

G. Minimum off-street parking. Each individual use shall provide parking spaces according to the following minimum provisions:

(1) Garden apartment units shall provide parking spaces in accordance with the standards established by the New Jersey Residential Site Improvement Standards (RSIS) (N.J.A.C. 5:21-1 et seq.). RSIS standards include parking requirements for residential uses based on unit (bedroom) size. If the applicant does not specify the number of bedrooms per dwelling unit, then each dwelling unit shall be subject to the RSIS parking space requirements for a four-bedroom dwelling unit. Each one-ca(1)r garage space and the driveway leading to the garage space shall together be considered one parking space, provided that the driveway is dimensioned to park a car off-street in accordance with the definition of “parking space” in § 276-7 & §276-35 of this chapter.

(2) See § 276-35 for additional standards.

H. Trash, garbage and recycling pickup stations.

(1) Adequate trash, garbage and recycling pickup stations shall be provided within a totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses by a fence, wall, planting or combination of the three. At least one recycling area shall be provided within the development. Recycling, trash and garbage loading and unloading areas shall take place on site but not in the public/street right-of-way.

(2) There shall be included in any new development an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the City Recycling Coordinator and shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13).

(3) The recycling area shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.

(4) The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area and the bins or containers placed therein against theft of recyclable materials, bins or containers.

(5) The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.

(6) Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

(7) Landscaping and/or fencing, at least six feet in height, shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.

I. Permitted signs.

(1) Each garden apartment development may have one sign along each public street which the tract in question abuts. Such signs shall not exceed 10 feet in height, shall be set back from the street rights-of-way, shall not encroach into any sight triangle easement and shall be set back from driveways at least 10 feet, shall be set back from any property line a minimum of 5 feet, shall not exceed an area of 25 square feet, and shall be used only to display the development’s name.

(2) Individual garden apartment dwelling units: only information and direction signs as defined in §276-40A(5) (requirements for signs).

(3) See § 276-40 (requirements for signs) for additional standards.

J. Open space requirements. Land area equal to a minimum of 10% of the tract of land proposed for residential development shall not be covered with buildings or streets and shall be set aside for landscape purposes.

K. Affordable housing requirements.

(1) Any inclusionary development utilizing the GA Zoning District shall include a set aside of 20% of the total number of dwellings as being rental units reserved for low and moderate income households.

(2) Developer shall comply with the Uniform Housing Affordability Controls standards adopted by the New Jersey Housing and Mortgage Agency for all affordable units.

(3) At least 50% of the affordable units shall be affordable to very-low- and low-income households. If only one affordable unit is created in a project, the unit shall be a very-low- or low-income unit.

(4) The units designated as very-low-, low-, or moderate-income units may be rented only to very-low-, low-, or moderate-income households.

(5) The affordable units shall be affirmatively marketed to the housing region in accordance with the City’s Affirmative Marketing Plan.

(6) Affordability controls shall be maintained for a minimum of 40 years and thereafter until the City takes action to release the affordability controls.

(7) Affordable units shall be administered subject to the provisions of the City’s affordable housing ordinance at §276-90.

Section Two . If any portion of this Ordinance is determined to be invalid by a court of competent jurisdiction, that determination shall have no effect upon the remainder of this Ordinance, which shall remain valid and operable.

Section T hre e. All Ordinances or parts of Ordinances inconsistent with this Ordinance, to the extent of such inconsistencies only, be and the same hereby are repealed.

Section Four . This Ordinance shall take effect immediately upon final passage and publication as provided by law.

Salvatore Zampirri, Mayor

Scott Jett, City Clerk

CITY OF NORTH WILDWOOD

COUNTY OF CAPE MAY, NEW JERSEY

ORDINANCE NO. 2000

AN ORDINANCE AMENDING CHAPTER 276-17 “GA GARDEN APARTMENT DISTRICT” TO REQUIRE INCLUSIONARY AFFORDABLE HOUSING

TAKE NOTICE that the foregoing Ordinance was introduced and passed on first reading at a regular meeting of the Mayor and Council of the City of North Wildwood, County of Cape May and State of New Jersey, on the 17^th day of February, 2026. A second reading, hearing and final consideration of the above Ordinance will be held on the 13^th day of March, 2026 at 10:00 AM in City Hall. The purpose of this Ordinance is to require inclusionary affordable housing in the City of North Wildwood. Members of the general public who would like a copy of the Ordinance may obtain a copy, free of charge, at the office of the City Clerk in City Hall during normal business hours.

CITY OF NORTH WILDWOOD

W. Scott Jett, City Clerk