ADU rules in Ocean City

The program covers voluntary conversion of existing single family or two family dwellings or accessory buildings, and eligibility extends to owners who occupy the principal structure on a lot on which an accessory unit will be located, so a unit in a detached accessory building is possible. It is allowed only through the deed-restricted affordable accessory apartment program, only in the R-2 and RMF zone districts excluding bayfront and oceanfront lots, and only on fully conforming lots.

Conversion of an existing single family or two family dwelling to accommodate an accessory apartment is the core of the program, but only for owner-occupants who rent the unit to low- or moderate-income households, and only in the R-2 and RMF zones off the bayfront and oceanfront. The accessory apartment and any existing unit must each have a separate door with direct outside access, and the project may not add a door to the front facade of the principal structure.

Section 25-211.4 sets the gross floor area at no less than 450 and no more than 950 square feet and specifies the required kitchen, bathroom, and separate exterior door.

Only owners who occupy the single family detached or two family dwelling as their primary residence, or who occupy the principal structure on the lot where the accessory unit will be located, are eligible to participate in the accessory apartment program.

Section 25-211.5 splits the requirement by whether the unit is new construction or a conversion of an existing structure.

Accessory apartments are permitted (not a conditional use) but only in the R-2 and RMF zone districts. Applications are filed with a city-appointed program administrator and must include floor plans, sketch elevations with photographs, and a site development plan prepared by a licensed engineer or land surveyor; the unit must also comply with New Jersey building codes as enforced by the city Construction Code Official. No planning board or conditional use hearing is described in the section.

Sections 25-211.2 and 25-211.9 impose the low/moderate income limitation and the 10-year recorded deed restriction with the 125 percent repayment penalty; 25-211.1 frames the program as creating units for year-round occupancy; 25-211.10 pairs the restriction with a grant of at least 10,000 dollars per unit funded by a development fee ordinance.