The schedule of zones shall be as follows:
|
Zone
|
Description
|
|---|---|
|
R-50
|
Single-family residential, 5,000 square feet
of lot area
|
|
R-25
|
One- and two-family residential, one-family
with 5,000 square feet per unit, and two-family with 2,500 square
feet per unit
[Amended 2-19-1998 by Ord. No. 98-4] |
|
R-M
|
Medium density residential
|
|
(G)
|
Garden apartments, 17 dwelling units
per acre
|
|
(T)
|
Townhouses, 10 dwelling units per
acre
|
|
GB
|
Neighborhood commercial
[Amended 2-19-1998 by Ord. No. 98-4] |
|
HB
|
Highway commercial (shopping centers)
[Amended 2-19-1998 by Ord. No. 98-4] |
|
LI
|
Light industrial
|
|
HI-A
|
Heavy industrial
|
|
HI-B
|
Heavy industrial
|
[Amended 12-17-1998 by Ord. No. 98-52; 12-16-1999 by Ord. No. 99-37]
The Borough of Carteret is hereby divided into
zones or districts as shown on the map entitled "Zoning Map of the
Borough of Carteret"[1] dated September 1999, as amended, which is hereby adopted
by reference and declared to be a part of this chapter.
A.
Where uncertainty exists as to the boundaries of districts
as shown on the Official Zoning Map, the following rules shall apply:
(1)
Boundaries indicated as approximately following
the center lines of streets, highways or alleys shall be construed
to follow such center lines, unless such zone boundary lines are fixed
by dimensions shown on the Official Zoning Map.
(2)
Boundaries indicated as approximately following
platted lot lines and where they do not scale more than 10 feet distant
therefrom shall be construed as following such lot lines, unless specifically
shown otherwise.
(3)
In unsubdivided land and where a zone boundary
divides a lot, the location of such boundary, unless the same is indicated
by dimensions shown on the map, shall be determined by the use of
the scale appearing thereon.
(4)
Boundaries indicated as approximately following
municipality limits shall be construed as following municipal limits.
(5)
Boundaries indicated as following railroad lines
shall be construed to be midway between the main tracks.
(6)
Boundaries indicated as following shorelines
shall be construed to follow such shorelines and, in the event of
change in the shoreline, shall be construed as moving with the actual
shoreline. Boundaries indicated as approximately following the center
lines of streams, rivers, canals, lakes or other bodies of water shall
be construed to follow such center lines.
(7)
Boundaries indicated as parallel to or extensions of features indicated in Subsection A(1) through (6) above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map. Lands falling within the area generally known as "riparian rights" territory shall be governed by and shall be included within the straight line extension of the zone boundaries of the zone district to which the riparian right areas are adjoined.
(8)
Where a zoning lot is located in part in one
zoning district and in part in another zoning district, the entire
zoning lot or portion thereof located in the neighboring zone may
be used for a purpose permitted in either zone upon application for
a conditional use permit and upon determining by the Planning Board
that the following standards and conditions are met:
(a)
The use contemplated can best be established
by utilizing the portion of the zoning lot in the neighboring zone
district without materially affecting the adjoining areas.
(b)
The site plan shall be appropriate to the adjoining
area.
(c)
A set of plans, specifications and plot plans
shall be filed in triplicate with the Planning Board, showing overall
dimensions, topographical conditions, the location and intended use
of existing and proposed buildings, the relationship of the proposed
use to the streets and adjacent property and other physical features
which might act as a deterrent to the general welfare.
The regulations set by this chapter within each
district shall be minimum regulations and shall apply uniformly to
each class or kind of structure of land, except as hereinafter provided:
A.
No building, structure or land shall hereafter be
used or occupied, and no building or structure or part thereof shall
hereafter be erected, constructed, reconstructed, moved or structurally
altered, unless in conformity with all of the regulations herein specified
for the district in which it is located.
B.
No building or other structure shall hereafter be
erected or altered to exceed the height, to accommodate or house a
greater number of families, to occupy a greater percentage of lot
area or to have narrower or smaller rear yards, front yards, side
yards or other open spaces than herein required or in any other manner
contrary to the provisions of this chapter.
C.
No part of a yard or 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.
D.
No yard or lot existing 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.
E.
Only those uses specifically identified as a permitted
principal use, permitted accessory use, conditional use, permitted
sign or other permitted provisions shall be permitted. All other uses
are prohibited.
F.
All territory which may hereafter be annexed to the
municipality shall be considered to be zoned in the same manner as
the contiguous territory inside previous municipal limits until otherwise
classified.
G.
The regulations set by this chapter shall not be applicable to the
Borough of Carteret, its assignees, agencies and instrumentalities.
[Added 11-21-2013 by Ord. No. 13-20]
A.
Administrative official.
(1)
It shall be the duty of the Zoning Officer and
the Construction Official of the Borough of Carteret to administer
and enforce the zoning provisions of this chapter.
[Amended 4-19-1990 by Ord. No. 90-17]
(2)
If the administrative official shall find that
any of the provisions of this chapter are being violated, by inspection
or examination of the administrative official or his duly authorized
assistants of any building, plans or premises, he shall have the right
to enter any building or premises during daylight hours in the course
of his duty. He shall notify, in writing, the person responsible for
such violations, indicating the nature of the violation and ordering
the action necessary to correct it. He shall order discontinuance
of illegal use of land, buildings or structures; removal of illegal
buildings or structures or of additions; alterations or structural
changes thereto; discontinuance of any illegal work being done; or
shall take any other action authorized by this chapter to ensure compliance
with or to prevent violation of its provisions. The stated violation
shall then be corrected by action of the violating party, and a second
inspection and approval shall be accomplished within 30 days.
B.
Certificates of zoning compliance.
(1)
For any development application, it shall be
unlawful to use or occupy or permit the use or occupancy of any building
or premises, or both, or part thereof hereafter created, erected,
changed, converted or wholly or partly altered or enlarged in its
use or structure until a certificate of zoning compliance shall have
been issued therefore by the administrative official, stating that
the proposed use of the building or land conforms to the requirements
of this chapter and adequate planning standards.
(2)
No permit for erection, alteration, extension,
enlargement, movement or repair of any building shall be issued until
a certificate of zoning compliance has been duly issued in accordance
with the provision of this chapter. The certificate of zoning compliance
shall be issued by the administrative official, stating that the proposed
use of the building or land conforms to the requirements of this chapter
and adequate planning standards. No certificate of zoning compliance
shall be issued by the administrative official unless the application
for the said certificate is in conformity with all the provisions
of this chapter or has been duly exempted by variance.
(3)
Failure to obtain a certificate of zoning compliance
shall be a violation of this chapter.
C.
Expiration of building permit.
(1)
If the work described in any building permit
has not commenced within 90 days from the date of issuance thereof,
said permit shall expire, it shall be canceled by the administrative
official, and written notice thereof shall be given to the persons
affected.
(2)
If the work described in any building permit
has not been substantially completed within two years of the date
of issuance thereof, said permit shall expire and be canceled by the
administrative official, and written notice thereof shall be given
to the persons affected, together with notice that further work as
described in the canceled permit shall not proceed unless and until
a new building permit has been obtained.
D.
Construction and use to be as provided in applications,
plans, permits and certificates of zoning compliance. Building permits
or certificates of zoning compliance issued on the basis of plans
and applications approved by the administrative official authorize
only the use, arrangement and construction set forth in such approved
plans and applications and no other use, arrangement or construction.
Use, arrangement or construction at variance with that authorized
shall be deemed a violation of this chapter. If any such permit has
been authorized and not lifted from the office of the administrative
official and executed by the applicant within a period of six months
from the date of authorization, then such authorization shall be null
and void, and no permit shall be issued thereunder.
E.
Exempted uses. The following uses shall be permitted
to be located anywhere in the municipality and shall be exempt from
the provisions of this chapter except as specifically stated in this
article:
(1)
Outdoor telephone booths owned and operated
by the New Jersey Bell Telephone Company. Erection of said booths
shall be subject to the approval of the administrative official and
the Municipal Engineer as to sites and construction so that the same
shall not constitute traffic and/or safety hazards. Such telephone
booths shall be kept in a good state of repair and appearance. The
erection and maintenance of said booths shall be subject to such regulations
as may be prescribed from time to time by the administrative official
and Municipal Engineer in the interest of the health, safety and general
welfare of the public.
(2)
Normal and customary public utility and service
and distribution lines.
(3)
All municipal uses and utilities.
(4)
Outdoor shelters for school bus children or
bus patrons. Erection of such shelters shall be subject to the approval
of the administrative official and the Municipal Engineer as to sites
and construction so that the same shall not constitute traffic and/or
safety hazards. Such shelters shall be kept in a good state of repair
and appearance. The erection and maintenance of such shelters shall
be subject to such regulations as may be prescribed from time to time
by the administrative official and Municipal Engineer in the interest
of the health, safety and general welfare of the public. Such shelters
may not carry any advertising or other commercial display.
In their interpretation and application, the
provisions of this chapter shall be held to be the minimum requirements
adopted for the promotion of the public health, safety, morals or
general welfare. Wherever the requirements of this chapter are at
variance with the requirements of any other lawfully adopted rules,
regulations, ordinances, deed restrictions or covenants, the most
restrictive or that imposing the highest standards shall govern.
Whenever a violation of this chapter occurs
or is alleged to have occurred, any person may file a written complaint.
Such complaint stating fully the causes and bases thereof shall be
filed with the administrative official. He shall record properly such
complaint, immediately investigate and take action thereon as provided
by this chapter.
Residential districts, designated by "R" in
this chapter, are established in order to achieve the general goals
as enumerated in the foregoing sections and for the following specific
purposes:
A.
To protect residential areas against fire, explosion,
noxious fumes, offensive noise, vibrations, smoke, dust, odors, heat,
glare and other objectionable influences.
B.
To protect residential areas against the invasion
of abnormal vehicular traffic and to provide space for off-street
parking.
C.
To protect residential areas against congestion by
regulating the bulk of buildings in relation to the land around them
and to provide sufficient space in appropriate locations for residential
development to meet the needs of probable expansion in population.
D.
To protect those quasi-residential uses which require
a residential environment and which provide essential health and welfare
services for the residents.
The following regulations shall apply for the
R-50 Residential Zone:
A.
Permitted principal uses shall be as follows:
(1)
One-family, detached dwelling units.
(2)
Community residences for the developmentally
disabled and community shelters for victims of domestic violence,
subject to the following:
[Amended 2-19-1998 by Ord. No. 98-4]
(3)
School(s) for Academic Instruction Approved
by the New Jersey State Board of Education, on land owned or to be
acquired by the Carteret Board of Education.
[Added 12-19-2006 by Ord. No. 06-64]
B.
Permitted accessory uses shall be as follows:
(1)
Private garage space for the storage of motor
vehicles.
(2)
Private recreational facilities, such as but
not limited to swimming pools, tennis courts, ice-skating rinks, basketball
courts, etc., but these uses shall not be conducted as a business,
and provided that all lighting shall be directed away from all adjacent
lots, and provided that there is a minimum of four feet of side yard
offset.
C.
Conditional uses shall be permitted upon application
and approval of the Planning Board as follows:
(1)
The offices of any member of a recognized profession
who resides on the same lot, provided that not more than 25% of the
habitable floor area is utilized for office space.
[Amended 2-19-1998 by Ord. No. 98-4]
(2)
Eleemosynary, charitable and philanthropic institutions,
but not including any hospitals.
(3)
Churches, temples and schools conducted by religious
and charitable institutions.
D.
Bulk regulations. The requirements for this district
of lot area and width, yard dimensions, building coverage and height
shall be listed in the Bulk Schedule attached to and part of this
chapter[1] for the R-50 Zone.
[Amended 4-19-1990 by Ord. No. 90-16]
[1]
Editor's Note: The Bulk Schedule is included
at the end of this chapter.
H.
All legally existing dwellings, and the expansion and enlargement of the same, provided said dwellings, as expanded and enlarged, strictly comply with the presently existing bulk regulations set forth in Subsection D, except that minimum single-family residential lot size, minimum lot area and/or minimum lot width, which are being increased by this amendatory ordinance, shall not henceforth be considered or classified as nonconforming uses, despite the adoption of said amendments.
[Added 3-2-2006 by Ord. No. 06-12]
The following regulations shall apply for the
R-25 Residential Zone:
A.
Permitted principal uses shall be as follows:
(1)
All principal uses permitted in the R-50 Zone.
[Amended 4-19-1990 by Ord. No. 90-16][1]
[1]
Editor's Note: Former Subsection A(2), Two-family
dwellings, which immediately followed this subsection, was deleted
12-16-2004 by Ord. No. 04-35. Former Subsection A(3), Multiple-dwelling
groups, which immediately followed that subsection, was deleted 2-19-1998
by Ord. No. 98-4.
(2)
School(s)
for academic instruction approved by the New Jersey State Board of
Education, on land owned or to be acquired by the Carteret Board of
Education.
[Added 2-21-2019 by Ord. No. 19-02]
B.
Permitted accessory uses shall be as follows:
(1)
All accessory uses as permitted in the R-50
Zone, subject to all regulations specified herein.
[Amended 4-19-1990 by Ord. No. 90-16]
C.
Conditional uses shall be permitted upon application
and approval of the Planning Board as follows:
(1)
All conditional uses as specified in the R-50
Zone, subject to all regulations specified herein.
D.
Bulk regulations shall be as specified in the Bulk
Schedule attached to and made a part of this chapter[2] for the R-25 Zone, subject to all regulations specified
herein.
[Amended 2-19-1998 by Ord. No. 98-4; 3-2-2006 by Ord. No. 06-12]
[2]
Editor's Note: The Bulk Schedule is included
at the end of this chapter.
The following regulations shall apply for the
R-M Residential Zone:
A.
Permitted principal uses shall be as follows:
(1)
Garden apartment multifamily structures as regulated
in the R-M(G) Zone.
[Amended 2-19-1998 by Ord. No. 98-4]
(2)
Townhouse single-family dwellings as regulated
in the R-M(T) Zone.
[Amended 2-19-1998 by Ord. No. 98-4]
(3)
Single- and two-family dwelling units as permitted
in the R-25 Residential Zone.
(4)
Multifamily dwellings as regulated in the R-M(G)
Zone.
[Added 2-19-1998 by Ord. No. 98-4]
(5)
School(s)
for academic instruction approved by the New Jersey State Board of
Education, on land owned or to be acquired by the Carteret Board of
Education.
[Added 2-21-2019 by Ord. No. 19-02]
The commercial zones are established to achieve
the following specific purposes:
A.
To encourage the tendency of retail development to
cluster to the mutual advantage of both customers and merchants and
thus to promote public convenience, prosperity and welfare.
B.
To protect commercial development against the establishment
of uses which would create hazards, offensive noise, vibrations, smoke,
dust, odors, heat, glare and other objectionable influence.
C.
To protect commercial development against congestion
as far as is possible and appropriate in each area by limiting the
bulk of buildings in relation to the land around them and to one another.
D.
To provide sufficient space for the transaction of
all types of commercial and miscellaneous service activities in a
beneficial relationship to one another.
The following regulations shall apply for the
Neighborhood Commercial Zone:
A.
Permitted principal uses shall be as follows:
(1)
Retail business and personal service establishments
which are clearly of a service character and needed for more-or-less
daily shopping by persons residing nearby.
(2)
Service establishments dealing directly with
consumers.
(3)
Business, professional and governmental offices,
banks and fiduciary institutions.
(4)
Retail uses that provide services or materials.
(5)
Multiple-dwelling groups.
(6)
Child-care centers shall be a permitted use
in all commercial districts, subject to the following:
[Added 2-19-1998 by Ord. No. 98-4]
(a)
Outdoor space requirements shall be as follows:
For children in attendance for three or more consecutive hours, the
center shall provide a minimum of 150 square feet of net outdoor space.
When more than five children are using such a space at one time, there
shall be 30 square feet of net outdoor space for each additional child
in addition to the required minimum of 150 square feet.
(b)
The proposed outdoor area shall be designed
with sufficient dimensions and orientation to enable its conversion
to a parking area which would serve the building if it were occupied
for an alternative permitted use. An applicant for a day-care facility
shall be required to submit a sketch layout indicating the prospective
conversion of play area to parking use, including the location of
access aisles, stall dimensions, location of parking spaces, and provision
of an area for perimeter landscaping, as provided by ordinance.
(c)
One off-street parking space shall be provided
for every five children for which the center is designed to accommodate.
(d)
Such facility shall comply with all applicable
governmental requirements and shall be licensed by the New Jersey
Department of Human Services.
(e)
A child-care facility may be permitted to occupy
an entire building, or a portion of an existing building which is
partially occupied by other uses, irrespective of any other ordinance
limitations on the number of principal permitted uses allowed on a
lot.
(7)
One-family
and two-family units, provided that these dwelling units do not occupy
the first floor of any building and that the area devoted to the use
does not exceed 49% of the total building floor area and that the
minimum floor area of each dwelling is not less than 700 square feet
gross.
[Added 2-2-2012 by Ord. No. 12-4]
(8)
School(s)
for academic instruction approved by the New Jersey State Board of
Education, on land owned or to be acquired by the Carteret Board of
Education.
[Added 2-21-2019 by Ord. No. 19-02]
B.
C.
Conditional uses.
[Amended 8-19-1993 by Ord. No. 93-27]
(1)
Conditional uses shall be permitted upon application
and approval of the Planning Board as follows:
(a)
Filling stations.
(b)
Quasi-public facilities.
(c)
Autobody repair and auto mechanical repair shops.
(d)
Religious-affiliated offices or counseling centers.
(e)
Inns, hotels, cabarets, nightclubs, auditoriums
or theaters.
[Amended 2-19-1998 by Ord. No. 98-4]
(f)
Drive-in restaurants and banks.
(g)
Automobile washing establishments.
(h)
Automobile dealerships.
(i)
Arcades, billiard parlors, dance halls and bowling
alleys.
(j)
Billboards.
[Amended 2-19-1998 by Ord. No. 98-4]
(k)
Multifamily dwellings.
[Added 9-7-1995 by Ord. No. 95-44]
(2)
Any application for development for a conditional
use, as set forth above, shall be reviewed by the Planning Board for
compliance with those specific conditions hereinafter set forth. Additionally,
site plan approval shall be required as a condition to the grant of
the use.
[Amended 2-19-1998 by Ord. No. 98-4]
(3)
The conditions hereinafter set forth shall be applicable to all the uses set forth in Subsection C(1) hereof:
(a)
The relationship of the physical, visual and
aesthetic character of the proposed use and development to the existing
development in the neighborhood, with particular reference to those
properties within the area of influence.
(b)
The impact, if any, of vehicular traffic generated
by the proposed use on the streets and thoroughfares of the Borough
and whether the proposed use will add or lessen to any existing traffic
congestion.
(c)
The effectiveness of screening or buffering
adjoining uses in order to lessen any adverse impact on properties
of the area of influence and on the public right-of-way.
(d)
Whether the proposed use can be implemented
at the location and in the zone consistent with all relevant provisions
of the safety, fire and health codes of the Borough, county or state.
(4)
The conditions hereinafter set forth shall, in addition to those conditions specified in Subsection C(3), be applicable to automobile washing establishments:
(a)
No lot abutting residential district or use
shall be used for automobile washing.
(b)
Minimum lot area shall be 25,000 square feet.
(c)
Minimum lot depth shall be 250 feet.
(d)
Minimum lot width at front setback shall be
100 feet.
(e)
The building shall be set back a minimum of
75 feet from street line.
(f)
All open space shall be landscaped.
(5)
The conditions hereinafter set forth shall, in addition to those conditions specified in Subsection C(3), be applicable to inns, hotels, bars, cabarets, nightclubs, auditoriums or theaters, dance halls and other places of assembly, defined as Type A-2 in the BOCA Code:
[Amended 2-19-1998 by Ord. No. 98-4]
(a)
No such use shall be located within 1,000 feet
of a lot containing a school, church, Borough-operated facility or
any residential use or district, or within 500 feet of a similar-type
use.
(b)
Building windows shall not be boarded up, shuttered
or covered. Privacy shall be provided from the interior of the building.
(c)
Signs shall be limited to one sign not to exceed
12 square feet, containing the word "cabaret." No other signs or advertising
shall be permitted on the premises.
(d)
Parking lots shall be provided at the rate of
one nine-foot-by-twenty-foot space for each 55 square feet of gross
floor area.
(6)
The conditions hereinafter set forth shall, in addition to those conditions specified in Subsection C(3), be applicable to bowling alleys and billiard parlors:
[Amended 2-19-1998 by Ord. No. 98-4]
(a)
No such use shall be located on a lot having
any of its lot lines located within 1,000 feet of a lot containing
a school, church, Borough facility or any residential use or district,
or within 500 feet of a similar use.
(b)
The maximum size of any sign advertising such
a use shall be 12 square feet.
(c)
Food and beverages may be prepared or dispensed
as an accessory use to a principal use, provided that the area devoted
to the accessory use shall not exceed 25% of the gross floor area.
(7)
The conditions hereinafter set forth shall, in addition to those conditions specified in Subsection C(3), be applicable to drive-in restaurants and banks:
(a)
There shall be a minimum of two driveways or
other points of access separated by a distance of 100 feet between
center lines of each.
(b)
A total of 10 vehicles' stacking spaces shall
be provided for each drive-in window.
(c)
No drive-in window shall be located within 50
feet of a street right-of-way from which vehicles enter, or within
20 feet of a street line from which vehicles will exit.
(8)
The conditions hereinafter set forth shall, in addition to those conditions specified in Subsection C(3), be applicable to auto dealerships:
(a)
Outdoor parking, display or storage of motor
vehicles areas shall have a minimum of two access driveways which
shall be separated at a minimum distance of 100 feet between the center
line of each.
(b)
The maximum lot coverage for primary and accessory
use shall be 75%.
(c)
Lighting consisting of strings of bare light
bulbs is prohibited.
(d)
No parking lot shall be located within 40 feet
of a street line or within 10 feet of side line and 20 feet of a rear
line.
(9)
The conditions hereinafter set forth shall, in addition to those conditions specified in Subsection C(3), be applicable to auto body shops and auto mechanical shops:
(a)
Repair work, other than occasional minor repair,
shall take place entirely within the building.
(b)
There shall be no outdoor storage of automotive
supplies, materials or parts, whether for sale, storage or waste disposal.
(c)
Floor drains shall not be connected to any sanitary
or storm sewer system.
(d)
A maximum of five motor vehicles may be parked
overnight on the premises, including service vehicles.
(e)
All open spaces shall be extensively landscaped
in order to screen the view of vehicles.
G.
Prohibited uses shall be as follows:
(1)
Any use that may be noxious or injurious by
reason of the production or emission of dust, smoke, refuse matter,
coal or gas fumes, noise, vibrations or similar substances or conditions.
(2)
Signs painted upon the exterior side or rear
walls of any principal or accessory building or structure.
[Amended 2-19-1998 by Ord. No. 98-4]
(3)
Meeting halls and fast-food or drive-in type
restaurants.
(4)
The sale, rental or leasing of any used car,
truck or vehicle.
(5)
Any single retail store of 125,000 or more square
feet shall not be permitted on any parcel or development site within
this zone.
[Added 7-21-2005 by Ord. No. 05-40]
The following regulations shall apply for the
Highway Commercial Zone.
A.
Permitted principal uses shall be as follows:
(1)
All uses permitted in the GB District, subject
to all regulations specified for the GB District.
(2)
Retail shopping centers, consisting of integrated
developments of such uses as retail stores and shops, personal service
establishments, department stores, professional and business offices,
banks, post offices, restaurants, theaters and auditoriums housed
in an enclosed building or buildings and utilizing such common facilities
as customer parking areas, pedestrian walks, truck loading and unloading
space, utilities and sanitary facilities and other necessary and appropriate
accessory uses, subject to and in conformance with the regulations
sited herein.[1]
[1]
Editor's Note: Former Subsection 3, Multiple-dwelling
groups, which immediately followed this subsection, was deleted 7-16-1987
by Ord. No. 87-9.
(3)
Filling
station with or without a convenience store.
[Added 6-16-2011 by Ord. No. 11-13]
(4)
School(s)
for academic instruction approved by the New Jersey State Board of
Education, on land owned or to be acquired by the Carteret Board of
Education.
[Added 2-21-2019 by Ord. No. 19-02]
C.
Conditional use.
[Added 8-19-1993 by Ord. No. 93-27]
(1)
Conditional uses shall be permitted upon application
and approval of the Planning Board as follows:
[Amended 2-19-1998 by Ord. No. 98-4; 6-16-2011 by Ord. No.
11-13]
(a)
Hotels and motels.
(b)
Autobody repair and auto mechanical repair shops.
(c)
Religious-affiliated offices or counseling centers.
(d)
Inns, hotels, cabarets, nightclubs, auditoriums
or theaters.
(e)
Drive-in restaurants and banks.
(f)
Automobile washing establishments.
(g)
Automobile dealerships.
(h)
Arcades, billiard parlors, dance halls and bowling
alleys.
(i)
Billboards.
(2)
Any application for development for a conditional
use, as set forth above, shall be reviewed by the Planning Board for
compliance with those specific conditions hereinafter set forth. Additionally,
site plan approval shall be required as a condition to the grant of
the use.
[Amended 2-19-1998 by Ord. No. 98-4]
(3)
The conditions hereinafter set forth shall be applicable to all the uses set forth in Subsection C(1) hereof:
(a)
The relationship of the physical, visual and
aesthetic character of the proposed use and development to the existing
development in the neighborhood, with particular reference to those
properties within the area of influence.
(b)
The impact, if any, of vehicular traffic generated
by the proposed use on the streets and thoroughfares of the Borough
and whether the proposed use will add to or lessen any existing traffic
congestion.
(c)
The effectiveness of screening or buffering
adjoining uses in order to lessen any adverse impact on properties
of the area of influence and on the public right-of-way.
(d)
Whether the proposed use can be implemented
at the location and in the zone consistent with all relevant provisions
of the safety, fire and health codes of the Borough, county or state.
(4)
The conditions hereinafter set forth shall, in addition to those conditions specified in Subsection C(3), be applicable to automobile washing establishments:
(a)
No lot abutting residential district or use
shall be used for automobile washing.
(b)
The minimum lot area shall be 25,000 square
feet.
(c)
The minimum lot depth shall be 250 feet.
(d)
The minimum lot width at the front setback shall
be 100 feet.
(e)
The building shall be set back a minimum of
75 feet from street line.
(f)
All open space shall be landscaped.
(5)
The conditions hereinafter set forth shall, in addition to those conditions specified in Subsection C(3), be applicable to inns, hotels, bars, cabarets, nightclubs, auditoriums or theaters, dance halls and other places of assembly, defined as Type A-2 in the BOCA Code:
[Amended 2-19-1998 by Ord. No. 98-4]
(a)
No such use shall be located within 1,000 feet
of a lot containing a school, church, Borough-operated facility or
any residential use or district, or within 500 feet of a similar type
use.
(b)
Building windows shall not be boarded up, shuttered
or covered. Privacy shall be provided from the interior of the building.
(c)
Signs shall be limited to one sign not to exceed
12 square feet, containing the word "cabaret." No other signs or advertising
shall be permitted on the premises.
(d)
A parking lot shall be provided at the rate
of one nine-foot-by-twenty-foot space for each 55 square feet of gross
floor area.
(6)
The conditions hereinafter set forth shall, in addition to those conditions specified in Subsection C(3), be applicable to bowling alleys and billiard parlors:
[Amended 2-19-1998 by Ord. No. 98-4]
(a)
No such use shall be located on a lot having
any of its lot lines located within 1,000 feet of a lot containing
a school, church, Borough facility or any residential use or district,
or within 500 feet of a similar use.
(b)
The maximum size of any sign advertising such
a use shall be 12 square feet.
(c)
Food and beverages may be prepared or dispensed
as an accessory use to a principal use, provided that the area devoted
to the accessory use shall not exceed 25% of the gross floor area.
(7)
The conditions hereinafter set forth shall, in addition to those conditions specified in Subsection C(3), be applicable to drive-in restaurants and banks:
(a)
There shall be a minimum of two driveways or
other points of access separated by a distance of 100 feet between
center lines of each.
(b)
A total of 10 vehicles' stacking spaces shall
be provided for each drive-in window.
(c)
No drive-in window shall be located within 50
feet of a street right-of-way from which vehicles enter, or within
20 feet of street line from which vehicles will exit.
(8)
The conditions hereinafter set forth shall, in addition to those conditions specified in Subsection C(3), be applicable to auto dealerships:
(a)
Outdoor parking, display or storage of motor
vehicles areas shall have a minimum of two access driveways which
shall be separated at a minimum distance of 100 feet between center
line of each.
(b)
The maximum lot coverage for primary and accessory
use shall be 75%.
(c)
Lighting consisting of strings of bare light
bulbs is prohibited.
(d)
No parking lot shall be located within 40 feet
of a street line or within 10 feet of side line and 20 feet on rear
line.
(9)
The conditions hereinafter set forth shall, in addition to those conditions specified in Subsection C(3), be applicable to auto body shops and auto mechanical shops:
(a)
Repair work, other than occasional minor repair,
shall take place entirely within the building.
(b)
There shall be no outdoor storage of automotive
supplies, materials or parts, whether for sale, storage or waste disposal.
(c)
Floor drains shall not be connected to any sanitary
or storm sewer system.
(d)
A maximum of five motor vehicles may be parked
overnight on the premises, including service vehicles.
(e)
All open spaces shall be extensively landscaped
in order to screen the view of vehicles.
G.
Prohibited uses shall be all uses not specifically
permitted in this zone and specifically as follows:
The Light Industrial Zone is created to achieve
the following specific goals:
A.
To provide sufficient space in appropriate locations
for attractive, modern, landscaped industrial complexes which do not
create any hazards or create noise, vibrations, smoke, dust, odors,
heat, glare and other objectionable influences, such as heavy trucking,
which would be offensive to adjoining lands that require an environment
free from these influences.
B.
To provide protection for nonindustrial zones or uses
bordering the Light Industrial Zone or in close proximity thereto.
The following regulations shall apply for the
Light Industrial Zone:
A.
Permitted principal uses shall be as follows:
(1)
Business, professional and governmental offices.
(2)
Research, experimental and testing laboratories.
(3)
Wholesale offices and showrooms with accessory
storage of goods.
(4)
Screened storage and warehousing.
(6)
Filling
station with or without a convenience store.
[Added 6-16-2011 by Ord. No. 11-13]
(7)
School(s)
for academic instruction approved by the New Jersey State Board of
Education, on land owned or to be acquired by the Carteret Board of
Education.
[Added 2-21-2019 by Ord. No. 19-02]
C.
Conditional uses shall be permitted upon application
to and approval of the Planning Board as follows:
[Amended 2-19-1998 by Ord. No. 98-4; 6-16-2011 by Ord. No.
11-13]
(1)
Adult bookstores, adult entertainment establishments
and adult novelty shops, pursuant to the following conditions:
(a)
Location. No such use shall be located within
1,000 feet of a lot containing a school, church, Borough-operated
facility or any residential use or district, or within 500 feet of
another adult bookstore, adult entertainment establishment, adult
novelty shop or other similar use.
(b)
Screening. A one-hundred-percent impervious
screen including fencing and landscaping with evergreen trees shall
be provided along the perimeter of the site.
(c)
Minimum lot area: 1.0 acre.
(d)
Maximum lot coverage: 50%.
(e)
Maximum building coverage: 10%.
(2)
Billboards.
G.
Prohibited uses shall be as follows:
(1)
The alteration, enlargement or extension of
a nonconforming building; however, such building may be repaired or
maintained.
(2)
Heavy industries or any other uses that create
substantial amounts of offensive noise, vibrations, smoke, dust, odors,
heat, glare or other objectionable influences and create danger to
safety in the surrounding areas.
(3)
Religious institutions and schools and charitable
and philanthropic institutions.
(4)
Refining, processing, distribution, transmission
and storage of any gasoline, crude oil or the manufacture of bottled
fuel gas or any of the principal products of the petrochemical industry.
(5)
Painted exterior wall signs.
[Amended 2-19-1998 by Ord. No. 98-4]
(6)
Any use which may be toxic, lethal, hazardous,
dangerous or injurious to the general health, safety and welfare of
the general public.
(7)
Tanks, except when the material stored or storage
of material is not the principal use of the site but only provides
an ancillary or utility function but not a process function to the
principal use, and provided that:
(a)
The cumulative gross capacity does not exceed
30,000 gallons.
(b)
The proposed tank installation and use conforms
to all applicable federal, state, county and regional design and safety
standards.
(c)
The spacing of tanks to each other or other
structures conforms to the distances established in N.J.A.C. 12:133,
or as revised.
(d)
The maximum tank height does not exceed 35 feet.
(8)
The manufacture, processing or storage of explosives.
(9)
The slaughtering of animals and the rendering
of fats and oils.
(10)
Garbage dumps and junkyards.
(11)
The sale, rental or leasing of any used car,
truck or vehicle.
(12)
Truck terminals.
(13)
Boardinghouses and rooming houses.
[Added 9-9-2004 by Ord. No. 04-26]
(14)
Any single retail store of 125,000 or more square
feet shall not be permitted on any parcel or development site within
this zone.
[Added 7-21-2005 by Ord. No. 05-40]
The heavy industrial zones are established to
achieve the following specific purposes:
A.
To protect adjacent residential and commercial areas
and the labor force in other establishments engaged in a less-offensive
type of manufacturing and other related activities by restricting
those industrial activities which create offensive noise, vibrations,
smoke, dust, odors, heat, glare and other objectionable influences
to those limited areas which are appropriate therefor.
B.
To protect industry and related development against
congestion as far as is possible and appropriate in each area by limiting
the bulk of the buildings in relation to the land around them and
to one another.
C.
To protect industry and related activities against
congestion as far as is possible and appropriate in each area by providing
space for off-street parking and loading associated with such activities.
D.
To provide sufficient space in appropriate locations
for all types of industry and related activities and thus strengthen
the economic base of the community.
E.
To ensure that such space will be available for use
for industry and related activities and to protect residences by separating
them from offensive industrial activities and by prohibiting the use
of such space for residential development.
The following regulations shall apply to the
HI-B Heavy Industrial Zone:
A.
Permitted principal uses shall be as follows:
(1)
All uses permitted in the Light Industrial Zone.
(2)
Open storage, subject to all yard bulk requirements.
(4)
School(s)
for academic instruction approved by the New Jersey State Board of
Education, on land owned or to be acquired by the Carteret Board of
Education.
[Added 2-21-2019 by Ord. No. 19-02]
B.
Permitted accessory uses shall be as follows:
(1)
All accessory uses or buildings, the purpose
of which is customarily incidental and subordinate to that of the
principal uses permitted in this district, such as but not limited
to:
(a)
Off-street parking, loading and ramp areas and
railroad sidings and facilities.
(b)
The warehousing and storage of goods and products
which are used or produced on the premises.
(c)
Garage space necessary to store any vehicles
on the premises.
(d)
Marine bulkheads, piers and docks, subject to
receipt of all necessary federal, state and local approvals.
(e)
Underground and aboveground space heating oil
tanks for use and consumption on site, subject to receipt of all necessary
federal and state approvals.
(f)
Natural and synthetic gas storage, except liquid
natural gas.
C.
Conditional uses shall be permitted upon application
and approval of the Planning Board as follows:
(1)
Storage.
(a)
Tanks for storage of material, provided that
the cumulative gross capacity of each tank does not exceed 15,000
barrels, and provided that:
[1]
The proposed tank installation and use conform
to all applicable federal, state, county, municipal and regional design
and safety standards.
[2]
Spacing of tanks to each other or other structures
shall conform to the distances established in N.J.A.C. 12:133, or
as revised.
[3]
The maximum tank height shall be 50 feet.
(b)
No substance which may be classified as flammable or combustible under N.J.A.C. 12:133, or as may be revised, or the Fire Prevention Code of the American Insurance Association, 1970 Edition, or as may be revised, or as may be determined hazardous or dangerous by the New Jersey Department of Labor and Industry, or by any of the standards of the National Fire Protection Association, as they may be revised, may be stored, except as noted in Subsection B(1)(e) above.
(2)
Billboards.
[Added 2-19-1998 by Ord. No. 98-4]
G.
Prohibited uses shall be as follows:
(1)
All natural and synthetic gas production, transfer,
processing or distribution.
[Amended 2-19-1998 by Ord. No. 98-4]
(2)
Painted exterior wall signs.
[Amended 2-19-1998 by Ord. No. 98-4]
(3)
Junkyards and garbage dumps.
(4)
All tanks, except as otherwise noted in this
article.
(5)
Refining, processing, distribution, transmission
and storage of any gasoline, crude oil or the manufacture of bottled
fuel gas or any of the principal products or by-products of the petrochemical
industry.
(6)
All uses or substances as specified for the
HI-B Zone of this article.
(7)
The sale, rental or leasing of any used car,
truck or vehicle, except as an accessory to a permitted use.
(8)
Boardinghouses and rooming houses.
[Added 9-9-2004 by Ord. No. 04-26]
The following regulations shall apply to the
HI-A Heavy Industrial Zone:
A.
Permitted principal uses shall be as follows:
(1)
All industrial or manufacturing uses not specifically
prohibited under the provisions of this section.
(2)
School(s)
for academic instruction approved by the New Jersey State Board of
Education, on land owned or to be acquired by the Carteret Board of
Education.
[Added 2-21-2019 by Ord. No. 19-02]
C.
Bulk requirements shall be as specified in the Bulk
Schedule attached to and made a part of this chapter for the HI-A
Zone.
[Amended 12-5-1978 by Ord. No. 78-31; 6-17-1980 by Ord. No. 80-6]
F.
Prohibited uses shall be as follows:
[Amended 2-19-1998 by Ord. No. 98-4]
(2)
Junkyards.
(3)
Liquid natural gas (LNG) production, transfer,
processing, storage or distribution.
(4)
The manufacture, process or storage of explosives
or liquid inflammables and combustibles, such as but not limited to
TNT, nitroglycerin, rocket fuels, gasoline or butane oil, shall not
be permitted within 1,200 feet of a public school, private school,
public housing project or institutional facility.
(5)
The sale, rental leasing of any used car, truck
or vehicle.
(6)
Massage parlors, tattoo shops, adult book stores
and adult-oriented entertainment facilities such as go-go bars and
striptease clubs.
(7)
Any storage or display of merchandise outside
the confines of a building except for the sale of garden supplies
or nursery stock associated with the primary use of the building or
for retail sales accessory to the primary use and limited to 10% of
the floor area of the primary use of the building. Any outside storage
or display shall be fully screened with walls or fencing.
(8)
Any use not permitted as either a permitted
or conditional use is prohibited.
(9)
Boardinghouses and rooming houses.
[Added 9-9-2004 by Ord. No. 04-26]
(10)
Any single retail store of 125,000 or more square
feet shall not be permitted on any parcel or development site within
this zone.
[Added 7-21-2005 by Ord. No. 05-40]
G.
Conditional uses shall be permitted upon application
and approval of the Planning Board as follows:
[Added 2-19-1998 by Ord. No. 98-4]
(1)
Regional mall.
(a)
Definition. A regional mall is a building or
group of buildings developed as an integrated entity on a single tract
for the purpose of providing retail sales, services and entertainment
opportunities on a regional basis. A regional mall may contain one
or more principal anchor stores and may also contain any retail stores,
personal service establishments and entertainment establishments pursuant
to the limitations specified herein.
(b)
Intent and purpose. It is the intent of this
section of the ordinance to provide for the development of regional
malls in association with the implementation of the Landfill Reclamation
and Improvement District established in the Borough pursuant to P.L.
1995, c. 173[1] and the Borough's Urban Enterprise Zone. A regional mall
is intended to be developed pursuant to a comprehensive development
plan that is designed to minimize traffic impacts on the Borough's
local road network by providing direct access to the regional and
interstate highway network through arterial roads. A regional mall
shall be designed to enhance the aesthetic character of the Borough
through the use of site design standards established herein, pedestrian
amenities and extensive landscaping and buffer areas.
[1]
Editor's Note: See N.J.S.A. 40A:12A-50 et
seq.
(c)
(d)
Permitted ancillary uses. The following ancillary
retail stores, personal service establishments and entertainment establishments
may be provided as part of a regional mall, provided that in aggregate
such uses shall occupy no more than 30% of the total floor area of
the development.
[1]
Retail and personal service establishments.
[2]
Banks, including banks with drive-in tellers.
[3]
Restaurants and drive-in restaurants.
[4]
Health clubs.
[5]
Entertainment establishments, including arcades,
bowling alleys, billiard parlors, batting cages and miniature golf
courses, provided that in aggregate entertainment establishments may
occupy no more than 15% of the total floor area of the development.
(e)
The following conditions shall apply to regional
malls:
[1]
The minimum tract area shall be 65 acres.
[2]
No individual use shall occupy less than 3,000
square feet of floor area.
[3]
Maximum building coverage shall not exceed 30%.
[4]
Maximum impervious coverage shall not exceed
75%.
[5]
Minimum open space shall be 25%.
[6]
Ingress and egress shall be provided to an arterial
street.
[7]
The minimum distance between buildings shall
be 50 feet.
(f)
Bulk and yard standards. The bulk and yard requirements applicable to a regional mall shall be in accordance to the requirements of the HI-A Zone except as identified by § 160-138G(1)(e) above.
(g)
Parking. Parking shall be provided in accordance with § 160-107. Parking may be provided as surface parking or may be provided in parking decks attached to principal buildings. Parking decks may be excluded from the building coverage calculation. Parking area is distributed around the principal buildings to shorten pedestrian walking distances and reduce the overall scale of the paved surfaces surrounding the building.
(h)
Landscaping.
[1]
A landscape plan shall be prepared by a certified
landscape architect that includes the number of plants, scientific
name, common name, size of plant, root condition, spacing and mulch
material. Installation details shall be provided for trees, shrubs,
shrub beds, and any unique equipment or materials (e.g., fountains
or pools). Installation notes shall be provided as needed to adequately
clarify the design construction methods. The soil erosion and sedimentation
control plan shall be in conformance with the landscape plan.
[2]
Those portions of the site that are not used
for roads, circulation aisles, off-street parking, buildings, or pedestrian
walkways shall be attractively planted and maintained with trees,
shrubs, lawns, ground covers and flowers pursuant to the landscape
plan. Wetlands and transition area buffers that are required to be
maintained in their natural vegetative state pursuant to the regulations
of the New Jersey Department of Environmental Protection (DEP) are
exempt from this requirement.
[3]
Within every parking lot, landscaped areas shall
be included at a minimum ratio of one square foot of landscaped area
for every 15 square feet of paved parking area, including parking
stalls and circulation aisles. Internal roads, fire lanes and parking
decks are not to be counted as parking areas for the purpose of this
calculation.
[4]
A perimeter buffer area of 35 feet shall be provided along the boundary of the tract and along the frontages with all local streets and arterial roads. No buildings, structures or parking areas shall be located within the buffer except for entrance roads. The purpose of the buffer is to provide screening and buffering of the regional mall development beyond the lot and to provide screening and buffering of views of adjacent and nearby industrial uses from within the tract. The buffer shall be attractively planted and maintained with trees, shrubs, lawns, ground covers and flowers and include berms in those areas where additional screening is warranted such as near loading docks, truck parking and adjacent industrial uses. The buffer shall be designed pursuant to the requirements of § 160-77, except that the distance requirements specified in § 160-77B shall not apply.
[5]
A landscaped area with a minimum width of 15
feet shall be provided between any perimeter access road and parking
areas and buildings located within the perimeter road. This area shall
be attractively planted and maintained with trees, shrubs, lawns,
ground covers and flowers. Lighting fixtures may be located within
this area. No buildings, structures or parking areas shall be located
within the landscaped area except for entrance roads and sidewalks.
[6]
Areas for trash collection and compaction, loading
and truck parking shall be adequately screened.
(i)
Pedestrian circulation and amenities.
[1]
Pedestrian walkways shall connect focal points
of pedestrian activity, such as but not limited to transit stops,
street and circulation aisle crossings, building and store entry points,
and shall include adjoining landscaped areas that include trees, shrubs,
benches, flower beds, ground covers or other materials for no less
than 50% of its length.
[2]
Sidewalks shall be provided along any facade
featuring a customer entrance and along any facade abutting public
parking areas. Such sidewalks shall be located at least six feet from
the facade of the building to provide planting beds for foundation
landscaping, except where features such as arcades or entranceways
are part of the facade.
[3]
Internal pedestrian walkways shall be distinguished
from driving surfaces through the use of pavers, bricks or scored
concrete to enhance pedestrian safety and comfort, as well as the
attractiveness of the walkways. Signage and other traffic calming
devices shall be provided at major pedestrian crossings and near mall
entranceways to reduce vehicular speeds and enhance pedestrian safety.
[4]
On-site pedestrian walkways shall be provided
with weather protection features such as awnings or arcades within
25 feet of all customer entrances.
(j)
Distinctive design feature. Each regional mall
shall include at least one area or distinctive design feature which
includes at least three of the following components: patio or seating
area, pedestrian plaza with benches, transportation center, including
public transportation pickup and dropoff area, window shopping walkways,
playground area, kiosk area, water feature, clock tower or other such
focal feature or amenity. Any such area shall have direct access to
the on-site pedestrian walkway network.
(k)
Entranceways.
[1]
Each principal building on the site shall have
clearly defined, highly visible customer entrances featuring no fewer
than three of the following features: canopies or porticos, overhangs,
arcades, raised corniced parapets over the door, peaked roof forms,
arches, outdoor patios, display windows, architectural details such
as tile work and moldings which are integrated into the building structure
and design, planters or wing walls that incorporate landscaped areas
and/or places for sitting.
[2]
Each building shall be provided with multiple
customer entrances to reduce walking distances and facilitate access
to ancillary retail, personal service and entertainment establishments.
All sides of a building facing a public street, arterial road or interstate
highway shall include at least one customer entrance. Where a principal
building directly faces more than two streets, this requirement shall
apply to no more than two sides of the building.
(l)
Riverfront design features and amenities.
[1]
Regional malls located on tracts with frontage
on rivers or other bodies of water shall include design elements that
include views of these natural features and enhance pedestrian access
to these areas from the retail and entertainment uses on the site.
These design features shall include at least three of the following
components: overlooks, piers, patio or seating areas, pedestrian plazas,
boardwalks with benches, window shopping walkways and pedestrian arcades.
A portion or all of these features may be located above and cross
over perimeter access roads. Restaurants and other entertainment facilities
may be located in this area of the site to provide additional views
of the river and natural features.
[2]
Access to the riverfront design feature shall
be provided via entranceways to the anchor stores or ancillary uses.
This area shall also have direct access to the on-site pedestrian
walkway network. Riverfront design features and amenities may be incorporated
with or connect to the distinctive design feature of the site.
