[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
This chapter shall be known and may be cited as the "Revised
Land Use Ordinance of the Borough of Keyport."
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
It shall be the purpose of this chapter to promote health, safety,
morals, and general welfare, prevent the overcrowding of land and
buildings, to avoid undue concentration of population, provide adequate
light and air with reasonable consideration to the character of the
zone and its peculiar suitability for particular uses, and with the
objective of conserving the value of property and encouraging the
most appropriate use of land throughout the Borough in accordance
with N.J.S.A. 40:55D-62 through 40:55D-68 (Municipal Land Use Law
of the State of NJ, Article 8, Zoning).
[Ord. No. 13-90; Ord. No. 31-92; Ord. No.
2-97; amended 7-16-2013 by Ord. No. 12-13; 9-3-2013 by Ord. No. 14-13; 12-18-2018 by Ord. No. 28-18]
a.
ACCESSORY USE OR BUILDING
ADULT ENTERTAINMENT USES
1.
2.
3.
4.
ALTERATION
AUTOMOBILE SERVICE STATION
AUTOMOBILE, BOAT OR TRAILER SALES AREA
BASEMENT
BATHROOM AND COOKING FACILITIES
BED-AND-BREAKFAST RESIDENCE
BILLBOARD
BOARD OF ADJUSTMENT
BOARDINGHOUSE
BUILDING
BUILDING HEIGHT
BUILDING, PRINCIPAL
CELLAR
CONDITIONAL USE
COURT
DEVELOPMENT, MAJOR
DEVELOPMENT, MINOR
1.
2.
3.
4.
5.
6.
DISCOTHEQUE
DISTRICT or ZONE
DWELLING
1.
2.
3.
ESSENTIAL SERVICES
FAMILY
FINAL APPROVAL
FINAL PLAT
FLOOR AREA
GARAGE, PRIVATE
GARAGE, PUBLIC
GAS STATION
HOME OCCUPATION
HOTEL
HOUSEHOLD
JUNKYARD
LOT or ZONE LOT
1.
2.
3.
4.
5.
6.
7.
MAJOR SUBDIVISION
MARINA
MASTER PLAN
MINOR SUBDIVISION
MODULAR HOME
MOTELS, MOTOR COURTS AND MOTOR HOTELS
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
OFF-TRACT
OFFICIAL MAP
OFFSITE
OWNER
PARKING AREA, COMMERCIAL
PARKING AREA, PRIVATE
PERFORMANCE GUARANTEES
PLANNED RESIDENTIAL DEVELOPMENT or PLANNED UNIT RESIDENTIAL
DEVELOPMENT
PLANNING BOARD
PLAT
PRELIMINARY PLAT
PROFESSIONAL OFFICE
RECREATION
1.
2.
3.
(a)
(b)
RELIGIOUS USE
RESIDENTIAL STREET
ROOMING HOUSE (BOARDINGHOUSE)
SETBACK LINE, FRONT
SIGN
SIGN, FLASHING
SIGN, GROSS ADVERTISING AREA OF
SITE PLAN
1.
2.
3.
SKETCH PLAT
STORY
1.
2.
STREET
1.
2.
3.
4.
5.
STREET LINE
STRUCTURAL ALTERATION
STRUCTURE
SUBDIVIDER
SUBDIVISION
TECHNICAL REVIEW COMMITTEE
TOWNHOUSE
TRAILERS OR MANUFACTURED HOME/OFFICE UNIT MOBILE HOUSE UNITS
USE
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING BOARD OF ADJUSTMENT
ZONING MAP
Certain words and terms in this chapter are defined for the purpose
thereof as follows:
A subordinate use or building, the purpose of which is incidental
to that of the main use or building and on the same lot.
Includes:
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock in trade books, magazines, other periodicals, or any tangible items and objects, not necessarily of a reading or photographic nature, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, or an establishment with a segment or section devoted to the sale or display of such material.
ADULT MOTION PICTURE THEATERAn enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by patrons therein.
ADULT MINI MOTION PICTURE THEATERAn enclosed building with a capacity for fewer than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by patrons therein. For the purpose of this subsection, "specified sexual activities" is defined as human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; and fondling or other erotic touching of human genitals, pubic region, buttock or female breast; and "specified anatomical areas" is defined as less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
CABARETAn establishment which features go-go dancers, exotic dancers, strippers, or similar entertainers.
A change to the exterior or interior elements of a building
or structure so as to affect the amount or arrangement of rooms, corridors
and other spaces or to change the nature of their use and/or a change
to parking and loading areas and access thereto which affects existing
parking layout, circulation, drainage, building arrangements, landscaping,
buffering and/or lighting.
A building or place of business where grease, batteries,
tires, mufflers and other automobile parts and accessories and minor
repair services are sold at retail.
An open area, other than a street, used for the display,
sale or rental of new or used motor vehicles, motor or sailboats or
trailers in operable condition and where no repair work is done.
Any area of a building having its floor subgrade (below ground
level) on all sides. A basement shall be counted as a story if used
for business or dwelling purposes.
Defined by the State of New Jersey Uniform Construction Code.
A private, single-family residence that is year-round owner-occupied,
which provides overnight lodging for no more than 12 transient guests
and provides only breakfast for registered guests each day. The rented
rooms do not contain cooking facilities and do not constitute separate
dwelling units.
A sign, as defined herein, advertising a use, activity or
goods not located at the site.
Shall have the same definition as the Zoning Board of Adjustment.
A building arranged or used for lodging, with or without
meals, for compensation and not occupied as a single family unit.
Includes the word "structure" and is any structure having
a roof supported by columns, piers or walls, including tents, lunch
wagons, trailers, dining cars, camp cars, or other structures on wheels
or other supports and used for living or business purposes.
The vertical distance measured from the mean level of the
ground surrounding the building to a point midway between the highest
point of the roof and the ceiling of the highest floor below it, but
not including chimneys, spires, towers, elevator penthouses, tanks
and similar projections.
A structure in which is conducted the principal use on the
lot and that covers the principal area of the site on which it is
situated. In any residential district any dwelling shall be deemed
to be a principal building on the zone lot on which it is located.
A story wholly or partly above curb level having more than
one-half of its floor-to-ceiling height below the average level of
the adjoining ground. No cellar or portion thereof shall be used as
a dwelling unit.
A use permitted in a particular zoning district only upon
a showing that such in a specified location will comply with the conditions
and standards for the location or operation of such as contained in
the zoning ordinance, and upon the issuance of an authorization therefore
by the Planning Board.
Any open, unoccupied area which is bounded by three or more
attached building walls.
A major subdivision or any development not defined as a minor
development.
A minor subdivision;
The construction of any building or structure or addition to
any building or structure of 500 square feet or less;
Improvements or alterations to existing parking areas containing
less than 10 parking spaces, or where the area of existing paving
and location and size of existing driveways are affected;
The alteration of an existing building resulting in a change
in the number of dwelling units on the site;
Does not involve the construction of new drainage facilities
or significant alteration to an existing drainage facility;
Does not involve planned development, any new street or extension
of any off-tract improvement.
A building or place of business, with or without a liquor
license, used principally as an establishment for dancing to recorded
music or to live musical performance by individual(s).
Any designated portion of the territory of the Borough of
Keyport, within which certain uniform regulations and requirements
or various combinations thereof apply under the provisions of this
chapter.
Any building or portion thereof designed or used exclusively
as the residence of one or more persons containing one or more rooms
including cooking, sleeping and bathroom facilities designed as a
unit for occupancy by not more than one family or household with direct
access from the outside or through a common hall.
DWELLING, SINGLE-FAMILYA structure or building occupied or intended for occupancy as separate living quarters exclusively for one family or one household with direct access from the outside and further provided with separate cooking, sleeping and bathroom facilities for the exclusive use of the occupants of the unit.
DWELLING, TWO-FAMILYA structure or building occupied or intended for occupancy as separate living quarters for two separate families or two separate households with direct access from the outside or through a common hall and further provided with separate cooking, sleeping and bathroom facilities for the exclusive use of the occupants of each unit.
DWELLING, MULTIFAMILYA structure or building occupied or intended for occupancy as separate dwelling units for three or more families with direct access from the outside or through a common hall and further provided with separate cooking, sleeping and bathroom facilities for the exclusive use of the occupants of each unit.
The provision by public utilities or municipal or other governmental
agencies, of underground or overhead gas, electrical, steam or water
transmission or distribution systems, including poles, wires, mains,
drains, sewers, pipes, conduits, cables, fire alarm boxes, police
call boxes, traffic signals, hydrants and other similar equipment
and accessories in connection therewith, reasonably necessary for
the furnishing of adequate service by such public utilities or municipal
or other governmental agencies or for the public health or safety
or general welfare; buildings, generating stations, treatment plants
and similar are not included herein.
Persons living in the same dwelling unit who are related
to each other by blood, marriage or adoption or a group of not more
than any five persons living together as a single nonprofit unit and
which bear the generic character of a relatively permanent functioning
family unit.
The official action of the Planning Board taken on a preliminarily
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
The final map of all or a portion of the subdivision which
is presented to the Planning Board for final approval and which, if
approved, shall be filed with the proper county recording officer.
The sum of the gross horizontal area of the several floors
of a building and its accessory building (excluding those used for
off-street parking). Floor area shall not include cellar space, stairways
and any floor space with floor to ceiling height less than seven feet.
A detached or attached accessory building used only for the
storage of private passenger vehicles owned or rented.
Any garage other than a private garage which is open to the
public and used for the storage of motor vehicles.
A site used primarily for the retail sale of fuel from pump
dispensers.
An occupation or activity carried out for gain by a resident
conducted as an accessory use in the resident's dwelling unit, which
is clearly secondary to the use of the dwelling for living purposes,
and for which there is no visible display of the services offered
on the premises. Personal services such as hairdressing, massage and
other services performed on the person or which involves clients coming
to the house for the services offered shall not be considered home
occupation uses.
A building designed for occupancy as the temporary residence
of individuals who are lodged with or without meals and in which no
provision is made for cooking in any individual room or suite.
All the persons who occupy a dwelling unit.
The use of any lot for the storage, keeping or abandonment
of junk, including scrap metals or other scrap materials, or for the
dismantling, demolition or abandonment of structures, automobiles
or other vehicles, equipment and machinery or parts thereof, provided,
that this definition shall not be deemed to include any of the foregoing
uses which are accessory and incidental to any agricultural and industrial
use permitted in any zone. The term "junkyard" as herein defined includes
automobile wrecking yards.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
LOT, CORNERA lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the "corner."
LOT DEPTHThe distance between the front and rear lot lines.
LOT LINESThe property lines bounding the lot.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.
LOT WIDTHThe distance between the two side lot lines measured at the required front setback line.
LOT AREAThe computed area contained within the lot lines.
Any subdivision not classified as minor subdivision.
Any waterfront facility wherein berthing spaces for any and
all watercraft or boats are provided, including ancillary facilities
such as automobile parking; sanitary facilities; waterside fuel sales
and dispensing; boat sales, rentals, repairs, maintenance and service,
excluding, however, facilities for the construction of new boats.
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to Section 19 of the Municipal Land Use Law (N.J.S.A. 40:55D-28).
Any subdivision that results in fewer than three lots fronting
on an existing street or road, not involving any new street or road
or the extension of municipal facilities and not adversely affecting
the development of the remainder of the parcel or adjoining property
and not to conflict with any provisions or portion of the Master Plan,
Official Map, Zoning Ordinance amendment or amendments thereof.
A dwelling unit manufactured in one or more sections which
can be transported after fabrication to a site where it is assembled
or joined on a permanent foundation and connected to utilities for
long-term occupancy.
A series of attached or semidetached dwelling structures,
where each unit has convenient access to parking space for the use
of the unit's occupants. The units, with the exception of the manager's
or caretaker's, are designed to provide sleeping accommodations for
automobile transients or overnight guests.
Any zone lot in single ownership, where the owner of such
lot does not own any adjoining property, the subdivision of which
could create one or more conforming lots which does not conform with
the minimum area or dimensions required in the district where such
lot is situated or for any special use, as the case may be.
A structure which in its design or location upon a lot does
not conform to the regulations of this chapter for the district in
which it is located.
Use of a building or of land that does not conform to the
regulations of the district in which it is situated.
Not located on the property which is the subject of a development
application nor a contiguous portion of a street or right-of-way.
A map adopted by ordinance pursuant to Article 5 of the Land
Use Law (N.J.S.A. 40:55D-32 et seq.).
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
Any individual, firm, association, syndicate, co-partnership
or corporation having sufficient proprietary interest in the land
sought to be subdivided to commence and maintain proceedings to subdivide
the same under this chapter.
An open area, other than a street or other public way, used
for the parking of automobiles, and available to the public whether
for a fee, free or as an accommodation for clients or customers.
An open area for the same uses as a private garage, and regulated
as a private garage.
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Planning Board or other
approving body approves a plat, including performance bonds, escrow
agreements, and other similar collateral or surety agreements.
An area with a specified minimum contiguous acreage of five
acres or more to be developed as a single entity according to a plan
containing one or more residential clusters, which may include appropriate
commercial or quasi-public uses all primarily for the benefit of the
residential development.
The Planning Board of the Borough.
The map of a subdivision or site plan.
The preliminary map indicating the proposed layout of the
subdivision which is submitted to the Municipal Clerk for Planning
Board consideration and tentative approval and meeting the requirements
of Section 6 of this Ordinance.
The office of a member of a recognized profession. When conducted
in a residential district, a professional office shall be incidental
to the residential use and shall be conducted by a member of the family
occupying the residential building. Such uses shall include the offices
of doctors or physicians, dentists, optometrists, ministers, landscape
architects, professional engineers, lawyers and such other similar
professional occupations which may be so designed by the Board of
Adjustment. The issuance of a state or local license for regulation
of any gainful occupation need not be deemed indicative of professional
standing.
RECREATION, COMMERCIALRecreation facilities operated as a business and open to the general public for a fee.
RECREATION, PRIVATE, NONCOMMERCIALClubs or recreation facilities, operated by a nonprofit organization and open only to bona fide members of such nonprofit organizations.
A self-propelled vehicular structure designed for temporary
living for travel, recreation, vacation or other short-term use, which
may contain cooking, sleeping and sanitary facilities; or
A mobile structure which may contain cooking and sleeping facilities
used for travel, recreation, vacation or other short term use and
designed to be attached to another vehicle for transporting from one
location to another.
A church, temple, synagogue, mosque or other similar place
of worship.
A street between two intersecting streets, upon which an
R-District abuts, or where 50% or more of the abutting street frontage
is in predominantly residential use.
A guest house or a furnished rooming house shall be deemed
a boardinghouse.
A line within any lot, parallel to any street line, between
which it and the street line no building or portion thereof may be
erected except as provided in this chapter.
A name, identification, description, display or illustration
which is affixed to, painted, or represented directly or indirectly
upon a building, structure or piece of land and which directs attention
to an object, product, place, activity, person, institution, organization
or business.
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However, "sign" shall not include any display of official court
or public office notices, nor any official traffic control device,
nor shall it include the flag, emblem or insignia of a nation, state,
county, municipality, school or religious group. "Sign" shall not
include a sign located completely within an enclosed building except
for illuminated or animated signs within show windows. Each display
surface of a sign shall be considered to be a "sign."
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Any sign on which the artificial light is not maintained
constant in intensity or color at all times when such sign is in use.
The entire space within a single continuous perimeter enclosing
the extreme limits of a sign, and in no case passing through or between
any adjacent elements of same. However, such perimeter shall not include
any structural or framing elements lying outside the limits of such
sign and not forming an integral part of the display.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including,
but not necessarily limited to topography, vegetation, drainage, flood
plains, marshes and waterways;
The location of all existing and proposed buildings, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures and signs, lighting, screening
devices; and
Any other information that may be reasonably required in order
to make an informed determination pursuant to an ordinance requiring
review and approval of site plans by the Planning Board adopted pursuant
to law.
A map of a subdivision of sufficient accuracy to be used
for the purpose of discussion and classification and meeting the requirements
of Section 6 of this Ordinance.
That portion of a building, including between the surface
of any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between the floor and the ceiling
next above it.
STORY, HALFA partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; provided that any partial story shall not be used for residence purposes.
STORY, FIRSTThe lowest story or the ground story floor of any building, the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way (1) which is an existing state, county or municipal roadway,
or (2) which is shown upon a plat heretofore approved pursuant to
law, or (3) which is approved by official action as provided by this
act, or (4) which is shown on a plat duly filed and recorded in the
office of the county recording officer prior to the appointment of
a Planning Board and the grant to such board of the power to review
plats; and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other areas within the street lines.
For the purpose of this chapter, streets shall be classified as follows:
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major systems of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways, and which provide access to abutting properties and protection through traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
The dividing line between the street and the lot (public
right-of-way).
Any change in the supporting members of a building, such
as walls, columns, beams or girders.
Anything constructed, the use of which requires permanent
location on the ground or attachment to something having permanent
location on the ground, including stationary and portable carports.
Any individual, firm, association, syndicate, co-partnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other division of land for sale or development.
The following shall not be considered subdivisions within the meaning
of this chapter, if no new streets are created: (a) division of land
found by the Planning Board or Technical Review Committee hereof appointed
by the resulting parcels are five acres or larger in size; (b) divisions
of property by testamentary or intestate provisions; (c) divisions
of property upon court order; and (d) conveyances so as to combine
existing lots by deed or other instrument. The term "subdivision"
shall also include the term "resubdivision."
A committee established to facilitate the review process of potential applicants and to assist the Unified Planning Board in their review of all applications for development or other requests presented to the Board as per Borough Code § 25-3-30.
A structure containing three or more dwelling units each
separated by vertical interior unpierced common walls.
A structure that is towed or hauled by a vehicle in order
to be transported, and is placed on a permanent or nonpermanent foundation
that is used for living, sleeping, office or storage purposes. This
definition shall not include fixed structures or modular homes.
The purpose for which land or a building thereon is designed,
arranged or intended or for which it is or may be occupied or maintained.
A yard extending across the full width of the lot and lying
between the front line of the lot and the nearest line of the building.
The depth of the front yard shall be measured at right angles to the
front line of the lot.
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the building.
The depth of the front yard shall be measured at right angles to the
front line of the lot.
An open, unoccupied space between the side line of the lot
and the nearest line to the building and extending from the front
yard to the rear yard, or in the absence of either of such yards,
to the front or rear lot lines as the case may be. The width of a
side yard shall be measured at right angles to the side line of the
lot.
An independent, quasi-judicial body, whose jurisdiction is
found in N.J.S.A. 40:55D-70. The Zoning Board is exclusively responsible
for the granting of all six types of "d" variances, including use
variances. The Zoning Board also has the authority to hear bulk variances,
also known as "c" variances, on applications that do not require a
site plan or subdivision approval. Any improvement to a single family
home that requires a variance must be heard by the Zoning Board of
Adjustment. In addition to granting variances, the Zoning Board is
the only agency that is permitted to hear appeals of rulings by the
Zoning Officer, as well as interpretations of the Master Plan and
the Zoning Ordinance.
The zoning map of the Borough of Keyport, New Jersey.
b.
Other words and terms defined. The definition of words and terms
of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) are incorporated
and made a part of this chapter.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
The territory of the Borough of Keyport is hereby divided into
the following districts or zones.
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Residential District A (RA)
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Residential District B (RB)
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Residential District C (RC)
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Neighborhood Commercial District (NC)
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General Commercial District (GC)
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General Marine Commercial District (GMC)
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Highway Commercial District (HC)
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Limited Industrial District (LI)
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Industrial District (I)
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[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
The zones listed in Subsection 25-1-4.1 are shown on a map entitled
"Zoning Map, Borough of Keyport, Monmouth County, New Jersey, February
22, 2018."
a.
Amendments. If, in accordance with the provisions of this chapter
and the Revised Statutes of the State of New Jersey, changes in the
district boundaries or other matters portrayed in the map are made
by the Council, such changes shall be made promptly by the Engineer
after the amendment has taken effect as provided by law. For each
change in the map, note shall be made thereon, in the revision box,
of the date of revision, zones affected by the revision and a brief
identifying description of the revision. These changes are to be endorsed
upon the map on the effective date of the amendment.
b.
Rules for interpretation of district boundaries. Whenever an uncertainty
or ambiguity exists as to the true location of any boundary line of
any district (zone) shown on the map, the following rules shall apply:
1.
Center lines. Boundary lines indicated as following or approximately
following streets, highways, other public or private ways or center
line of waterways, shall be construed to follow the center lines thereof
as determined by the Engineer.
2.
Platted lines. A boundary indicated as following or approximately
following platted lot lines shall be construed as following such lot
lines as the same appear on the Tax Map of the Borough as revised.
3.
Municipal lines. Boundaries indicated as following or approximately
following municipal lines shall be construed as following such municipal
lines.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
[Amended 12-18-2018 by Ord. No. 28-18]
Purpose. The predominant housing type in Keyport has been the
one-family house. The purpose of this section is to preserve and continue
this low- to moderate-density land use characteristic and those existing
single-family residences as the preferred residential land use throughout
the Borough. All single-family homes existing in the RA zone are envisioned
to be maintained as such and it is strongly discouraged that any of
these homes be converted to multifamily.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
a.
Uses customary and incidental to principal use.
b.
Home gardening but not the raising of livestock, poultry, or similar
objectionable activities.
d.
Private garages and private parking areas.
e.
Other accessory uses and structures customarily appurtenant and incidental
to a principal permitted use, including radio and television antenna
subject to Subsection 25-1-15.14.
f.
Home occupations and home professional offices.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
Minimum off-street parking requirements shall be in accordance
with the Residential Site Improvement Standards, N.J.A.C. 5:21.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
a.
Home occupation or home professional office. Home occupations shall
be permitted as defined and shall conform to the following standards:
1.
No changes in the exterior appearance of the dwelling in order to
accommodate the home occupation use or to make its presence in the
dwelling apparent from the street, shall be made.
2.
No signs advertising the home occupation are permitted.
3.
No services shall be offered that requires clients coming to the
residence for the service to be performed. This shall not preclude
occasional on-premises meetings with the occupations' clientele.
4.
Not more than one person who is a nonresident of the dwelling unit
may be employed.
5.
One additional off-street parking space shall be provided for an
outside employee. This shall be in addition to the normal residential
parking requirement for the subject property.
6.
The maximum floor area devoted to the home occupation shall be limited
to 20% of the total habitable square footage of the dwelling exclusive
of any basement or attics.
7.
There shall be no outside storage of materials or equipment.
8.
A resident who intends to conduct a home occupation that involves
the use of a nonresident employee must apply for and obtain a zoning
permit.
[1]
Editor's Note: Former § 25-1-5.7, Development options:
Planned Industrial Development, was repealed 12-18-2018 by Ord. No.
28-18.
[Amended 12-18-2018 by Ord. No. 28-18]
Purpose. The purpose of the RB Residential District is to provide
a balance of housing stock while providing a transitional buffer to
the RA District from the more intense uses in the higher density residential
and commercial districts.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
Any RA permitted accessory use under the same conditions prescribed
therein.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
Signs as specified in § 25-1-17.
[Amended 12-18-2018 by Ord. No. 28-18]
Purpose. The purpose of the RC Residential District is to provide
suitable locations for multifamily residential development with a
defined density and building and site design standards that support
existing multifamily developments while providing a transitional buffer
to lower density residential districts.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
Any RB permitted accessory use under the same conditions prescribed
therein.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
Any RB conditional use under the same conditions prescribed
therein.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
As set forth in § 25-1-16 unless specific standard is set forth hereinafter or within § 25-1-14 (General Regulations) and § 25-1-15 (Supplemental Regulations).
a.
Multifamily or townhouse dwellings:
1.
Multifamily dwelling buildings shall have a minimum lot area of not
less than three acres with a minimum lot width of 200 feet.
2.
Maximum permitted density: 20 units per acre.
4.
Maximum impervious coverage shall not exceed 60%.
5.
Maximum building height shall not exceed three stories or 40 feet.
6.
The maximum length of any multiple dwelling structure shall not exceed
200 feet and the exterior wall on any such building shall not exceed
a length of 50 feet, unless there is a variation in the surface plane
of such wall at least once every 50 feet, with such variation consisting
of either a recess or protrusion of the surface plane for a minimum
depth of five feet.
7.
Minimum building separation: The minimum distance between building
facades shall be 40 feet.
8.
The following accessory uses shall be permitted within a principal
multiple dwelling structure for the use of its residents:
(a)
Laundry rooms, recreational rooms, personal storage lockers
and other similar accessory uses which are for the common benefit
of all residents of the multifamily dwelling.
(b)
A leasing office, building manager or superintendent's office,
including space for the storage of maintenance equipment may be provided
within a principal multifamily building for the purpose of serving
such building or community.
9.
Any premises used for multifamily dwelling purposes shall contain
usable open space in an amount equal to 400 square feet times the
number of dwelling units on the premises.
(a)
Required usable open space shall contain no less than 2,000
contiguous square feet each, nor shall any usable open space have
a depth or width of less than 40 feet.
(b)
Required usable open space shall be easily accessible to the
occupants of all of the dwelling units on the premises.
(c)
Areas attributed to swimming pools and other outdoor recreational
structures shall be counted toward meeting the usable open space requirement,
provided that not more than 25% of any recreational structure shall
be covered by a roof.
(d)
No portion of any required front yard or any required planting
area shall be used for required usable open space.
(e)
No portion of any required usable open space shall be used for
driveways or parking spaces.
(f)
In townhouse developments, a portion of the required usable
open space may be assigned to individual contiguous dwelling units
as private yard areas of not less than 300 square feet each.
(g)
Required usable open space shall be subject to site plan review
as to design and layout, shall be attractively landscaped and shall
be of a design to accommodate the needs of the occupants of the dwelling
units it is designed to serve.
10.
Off-street parking requirements:
(a)
The number and size of spaces required shall be in accordance
with N.J.A.C. 5:21, the Residential Site Improvement Standards.
(b)
Off-street parking facilities shall be located no closer than
25 feet to any building facade and shall not be located in any required
front yard setback.
(c)
All off-street parking spaces and drive aisles shall be screened
to prevent headlight glare on on-site residential structures and adjacent
properties.
(d)
All off-street parking spaces and maneuvering areas shall be
set back from landscaping so as to not encroach or damage such landscaped
areas by vehicle overhangs.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
Signs subject to § 25-1-17.
[Amended 12-18-2018 by Ord. No. 28-18]
Purpose. The purpose of the NC Neighborhood Commercial
district is to provide low-intensity neighborhood shopping areas that
primarily rely on walk-in trade of convenience goods and services
for the immediately surrounding neighborhood. Commercial uses that
provide no commercial service to the neighborhood or generate high
volumes of automobile trips and substantial amounts of parking are
discouraged in this district.
[Ord. No. 13-90; amended 11-22-2016 by Ord. No. 22-16; 12-18-2018 by Ord. No. 28-18]
Any local retail or personal service establishment of a type
and size to serve the immediately surrounding neighborhood such as:
a.
Banks.
b.
Barber shops and beauty parlors.
c.
Book and stationery stores.
d.
Drug stores.
e.
Dry goods and variety stores.
f.
Dry cleaning and clothes pressing establishments, provided that no
flammable cleaning agents are used.
g.
Eating and drinking establishments.
h.
Florists.
i.
Food stores.
j.
Hardware stores.
k.
Laundries, hand or automatic.
l.
Office, business and professional.
m.
Package liquor stores.
n.
Photographic equipment and supplies.
o.
Radio, television, computer or other electronics repair.
p.
Shoe repair shops.
q.
Tailor and dressmaker shops.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
Requirements are contained in § 25-1-18.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
All uses shall be conducted within a completely enclosed building,
except for service stations, branch banks, dry cleaning, florist and
off-street parking and loading facilities.
[Amended 12-18-2018 by Ord. No. 28-18]
Purpose. The purpose of the GC General Commercial District is
to serve as the commercial and business hub of the Borough, offering
a variety of shops, restaurants, banks, retail uses, offices and business
establishments serving local commercial needs of the immediate community
as well as those uses that support waterfront tourism.
[Ord. No. 13-90; Ord. No. 28-95; amended 11-22-2016 by Ord. No. 22-16; 12-18-2018 by Ord. No. 28-18]
a.
Uses permitted in the Neighborhood Commercial District.
b.
Apparel shops.
c.
Banks and other financial institutions.
d.
Bars and cocktail lounges.
e.
Club, exclusive of a swimming pool club.
f.
Furniture stores.
g.
(Reserved)
h.
Theaters.
i.
Department stores, specialty shops, personal and business service
establishments.
j.
Paint and wallpaper stores.
k.
Studios for yoga, personal training, exercise, gyms, photography,
art, music and dance.
l.
Sporting and athletic goods.
m.
Mixed residential commercial use.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
b.
Parking garages, off-street parking and loading areas.
c.
Accessory uses and structures customarily incidental to a principal
permitted use.
d.
Accessory storage within a wholly enclosed permanent building of
materials, goods and supplies intended for sale, processing or consumption
on the premises, except new and used cars and boats may be stored
outside.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
Requirements are contained in § 25-1-18.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
As set forth in § 25-1-16 unless specific standard is set forth hereinafter or within § 25-1-14 (General Regulations) and § 25-1-15 (Supplemental Regulations).
a.
Mixed residential commercial uses:
1.
Shall consist of GC District permitted commercial uses on the ground
floor and residential dwellings on upper floors. Residential dwelling
units shall not be permitted on the basement or first (ground) floor
level.
2.
Pedestrian access for the commercial spaces for the mixed use buildings
along West Front and East Front Streets shall be provided from West
Front Street and East Front Street.
3.
Vehicles shall not be permitted to back on to West Front Street or
East Front Street.
4.
Residential dwelling units may be studios, one, two or three bedroom
units.
5.
Residential dwelling units shall be a minimum of 675 square feet.
The minimum square footage for each dwelling unit may be split between
floors however direct access shall be provided between floors in each
dwelling unit.
6.
Each residential dwelling unit shall contain its own bathroom, kitchen
and closet. Three-bedroom dwelling units shall contain a minimum of
two bathrooms.
7.
Each bedroom within the dwelling unit shall contain a closet.
8.
Off-street parking requirement. The number and size of spaces required
for the residential use shall be in accordance with N.J.A.C. 5:21,
the Residential Site Improvement Standards.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
a.
All uses shall be conducted wholly within a completely enclosed building,
except for outdoor dining, drinking and food preparation, service
stations, banks, dry cleaners and florists, parking lots, off-street
parking and loading facilities, provided such outdoor uses comply
with all setback requirements for commercial buildings abutting properties
located in a residential zoning district, as set forth in this section.
[Amended 11-12-2019 by Ord. No. 19-19]
b.
All uses abutting a residential district shall be screened as required
in Subsection 25-1-14.6.
[Ord. No. 24-07; amended 12-18-2018 by Ord. No. 28-18]
a.
Storage of boats outside; exceptions. No person shall be permitted
to store any boat or boats outside in the General Commercial Zone.
The foregoing notwithstanding, on any parcel of real property located
within a General Commercial Zone and which is currently occupied for
an exclusively residential use, one boat may be stored in the back
yard thereof, provided that the same does not exceed 24 feet in length,
is owned by, and if required, registered to, a resident of said parcel
and the same is reasonably screened from view from outside the borders
of said parcel and/or appropriately covered.
[Added 12-18-2018 by Ord.
No. 28-18]
Purpose. The purpose of the GMC General Marine Commercial District
is to provide for the development of a marine-based economy and the
permitted uses of this district are restricted to related to marina
operations and services, water-based recreation and marine-oriented
retail and entertainment.
[Added 12-18-2018 by Ord.
No. 28-18]
a.
Marinas and yacht clubs.
b.
Eating and drinking establishments.
c.
Bicycle, boat, jet ski or similar rentals and launch.
d.
Retail sales or services that support water-based recreation or entertainment.
e.
Single-family dwelling on lands outside the special flood hazard
area subject to the requirements of the RA District.
[Added 12-18-2018 by Ord.
No. 28-18]
b.
Parking garages, off-street parking and loading areas.
c.
Accessory uses and structures customarily incidental to a principal
permitted use.
d.
Accessory storage within a wholly enclosed permanent building of
materials, goods and supplies intended for sale, processing or consumption
on the premises, goods and supplies intended for new and used boat
sales.
[Added 12-18-2018 by Ord.
No. 28-18]
[Added 12-18-2018 by Ord.
No. 28-18]
a.
Marina standards:
1.
Marina design. Marina layout should promote water quality, including
minimizing impacts on the photic zone, circulation and to reduce loads
on pier structures.
2.
Dock-side fueling of vessels shall be permitted provided:
(a)
Fuel pumps shall include back pressure cut-off valves.
(b)
Main cut-off valves shall be available both at the dock and
in the upland area of the marina.
(c)
Fuel docks should be sturdy using a floating design wherever
possible in order to withstand significant storm-affected tidal ranges.
(d)
The fueling facility shall be designed to accommodate four of
the largest expected vessels.
3.
Sanitary and solid waste provisions.
(a)
The marina shall develop and implement a recycling plan for
solid waste as appropriate to Borough and county requirements.
(b)
Abundant trash receptacles with adequate measures to capture
fly-away and floatable materials shall be provided and emptied daily.
(c)
Adequate fish cleaning areas, including separate and well-marked
dispensers for organic refuse shall be provided.
(d)
"No discharge" signs shall be posted throughout the marina basin.
(e)
Slip-side pump-out station(s) (fixed or portable) shall be provided
in marinas which allow occupation of berthed vessels for a period
of 72 hours or more.
(f)
Rest room facilities with both hot and cold water and shall
be maintained in a sanitary, warm, dry, brightly lit and well-ventilated
condition and shall be provided according to the following schedule:
5.
Boat storage and maintenance.
[Amended 12-18-2018 by Ord. No. 28-18]
Purpose. The purpose of the HC Highway Commercial District is
to provide for the development of nonresidential uses that serve the
greater Bayshore region and high density residential uses.
[Ord. No. 13-90; amended 11-22-2016 by Ord. No. 22-16; 12-18-2018 by Ord. No. 28-18]
a.
All uses generally considered of a commercial, retail or business
character including professional offices and banks, and all outdoor
retail sales, display, and storage of merchandise, and new car and
boat sales, except live poultry market and the slaughtering of animals
or fowl.
b.
Hotels and motels.
d.
Building for the retail sale of agricultural or horticultural products,
exclusive of livestock or poultry. No flowers, fruits or vegetables
shall be sold at retail out of doors.
e.
Billiard parlor, bowling alley, theater, moving picture theater,
except for drive-in theaters.
f.
Restaurant, cocktail lounge, bar and other similar places of food
or liquid consumption.
h.
Public utility building or structure, telephone exchange.
i.
Personal service establishment, shop for custom work, or group thereof.
j.
New car dealership and showroom. Used car sales shall be accessory
and incidental to the principal use.
k.
High-density residential development.
l.
Mixed use development.
m.
Car wash.
n.
Funeral homes.
o.
Gym/exercise facility.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
b.
Parking garages, off-street parking and loading areas.
c.
Accessory uses and structures customarily incidental to a principal
permitted use.
d.
Accessory storage within a wholly enclosed permanent building of
materials, goods and supplies intended for sale, processing or consumption
on the premises, goods and supplies intended for new and used car
and boat sales.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
As set forth in § 25-1-16 unless specific standard is set forth hereinafter or within § 25-1-14 (General Regulations) and § 25-1-15 (Supplemental Regulations).
a.
High-density residential development.
1.
High-density residential development shall be permitted within the
HC zone along the south side of NJSH Route 36 between the Garden State
Parkway and the municipal border with Hazlet Township.
2.
High-density residential buildings shall have a minimum lot area
of not less than three acres with a minimum lot width of 200 feet.
3.
Maximum permitted density: 100 units per acre.
4.
The first floor of the mixed use buildings may include commercial/retail
uses as permitted in the GC or HC Zone.
6.
Maximum building coverage shall not exceed 20%.
7.
Maximum impervious coverage shall not exceed 70%.
8.
Maximum building height shall not exceed 12 stories or 125 feet.
9.
The maximum length of any dwelling structure shall not exceed 250
feet and the exterior wall on any such building shall not exceed a
length of 50 feet, unless there is a variation in the surface plane
of such wall at least once every 50 feet, with such variation consisting
of either a recess or protrusion of the surface plane for a minimum
depth of five feet.
10.
Minimum building separation: The minimum distance between building
facades shall be 50 feet.
11.
The following accessory uses shall be permitted within a principal
multiple dwelling structure for the use of its residents:
(a)
Laundry rooms, recreational rooms, personal storage lockers
and other similar accessory uses, which are for the common benefit
of all residents of the multifamily dwelling.
(b)
A leasing office, building manager or superintendent's office,
including space for the storage of maintenance equipment, may be provided
within a principal multifamily building for the purpose of serving
such building or community.
12.
Minimum outdoor usable open space shall be 5% of the overall
property area.
(a)
Required usable open space shall be easily accessible to the
occupants of all of the dwelling units on the premises.
(b)
Areas attributed to swimming pools and other outdoor recreational
structures shall be counted toward meeting the usable open space requirement,
provided that not more than 25% of any recreational structure shall
be covered by a roof.
(c)
No portion of any required front yard or any required planting
area shall be used for required usable open space.
(d)
No portion of any required usable open space shall be used for
driveways or parking spaces.
(e)
Required usable open space shall be subject to site plan review
as to design and layout, shall be attractively landscaped and shall
be of a design to accommodate the needs of the occupants of the dwelling
units it is designed to serve.
13.
Off-street parking requirements:
(a)
The number and size of spaces required shall be in accordance with N.J.A.C. 5:21, the Residential Site Improvement Standards, and § 25-1-18.
(b)
Off-street parking facilities shall be located no closer than
25 feet to any building facade and shall not be located in any required
front yard setback.
(c)
All off-street parking spaces and drive aisles shall be screened
to prevent headlight glare on on-site residential structures and adjacent
properties.
(d)
All off-street parking spaces and maneuvering areas shall be
set back from landscaping so as to not encroach or damage such landscaped
areas by vehicle overhangs.
b.
Mixed use development.
1.
Mixed use development shall be permitted within the HC zone along
the south side of NJSH Route 36 between the Garden State Parkway and
the municipal border with Hazlet Township.
2.
Mixed use development uses shall have a minimum lot area of not less
than 30,000 square feet with a minimum lot width of 100 feet.
3.
Maximum permitted residential density: 40 units per acre.
4.
The first floor of the mixed use buildings may include commercial/retail
uses as permitted in the GC or HC Zone.
6.
Maximum building coverage shall not exceed 35%.
7.
Maximum impervious coverage shall not exceed 90%.
8.
Maximum building height shall not exceed 3 1/2 stories or 40
feet.
9.
The maximum length of any dwelling structure shall not exceed 200
feet and the exterior wall on any such building shall not exceed a
length of 50 feet, unless there is a variation in the surface plane
of such wall at least once every 50 feet, with such variation consisting
of either a recess or protrusion of the surface plane for a minimum
depth of five feet.
10.
Minimum building separation: The minimum distance between building
facades shall be 40 feet.
11.
The following accessory uses shall be permitted within a principal
multiple dwelling structure for the use of its residents:
(a)
Laundry rooms, recreational rooms, personal storage lockers
and other similar accessory uses, which are for the common benefit
of all residents of the multifamily dwelling. A minimum of 15 square
feet per dwelling unit shall be dedicated to recreation or common
use rooms.
(b)
A leasing office, building manager or superintendent's office,
including space for the storage of maintenance equipment may be provided
within a principal multifamily building for the purpose of serving
such building or community.
12.
Minimum outdoor usable open space shall be 50 square feet per
dwelling unit.
(a)
Required common space shall be easily accessible to the occupants
of all of the dwelling units on the premises.
(b)
No portion of any required front yard or any required planting
area shall be used for required usable open space.
(c)
No portion of any required usable open space shall be used for
driveways or parking spaces.
(d)
Required usable open space shall be subject to site plan review
as to design and layout, shall be attractively landscaped and shall
be of a design to accommodate the needs of the occupants of the dwelling
units it is designed to serve.
13.
Off-street parking requirements:
(a)
The number and size of spaces required shall be in accordance with N.J.A.C. 5:21, the Residential Site Improvement Standards, and § 25-1-18.
(b)
Off-street parking facilities shall be located no closer than
15 feet to any building facade.
(c)
All off-street parking spaces and drive aisles shall be screened
to prevent headlight glare on on-site residential structures and adjacent
properties.
(d)
All off-street parking spaces and maneuvering areas shall be
set back from landscaping so as to not encroach or damage such landscaped
areas by vehicle overhangs.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
Requirements are contained in § 25-1-18, Tables 1 and 2.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
a.
All uses shall be conducted wholly within a completely enclosed building,
except for service stations, banks, dry cleaners, florists, parking
lots, off-street parking and loading facilities and boat storage,
docking and display areas.
b.
All uses abutting a residential district shall be screened as required
in Subsection 25-1-14.6.
[Amended 12-18-2018 by Ord. No. 28-18]
Purpose. The purpose of the LI Light Industrial District is
to provide suitable locations for a less intense industrial space
that does not encourage heavy traffic, excessive noise or pollution
that is developed with adequate buffering, landscaping and design
so as not to detract from adjacent residential areas.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
a.
Wholesale storage and warehouse facilities.
b.
Lumber, building materials, and other storage yards, but not salvage
or junk yards.
c.
Processing or assembly of materials for products sold on the premises
such as a baking plant, dry cleaning plant, etc.
d.
Laboratory or research facilities.
e.
Boat yards and boat building facilities.
f.
Light industrial use provided same shall not create toxic or corrosive
fumes, gas, smoke, odors, obnoxious dust or vapor, offensive noise
or vibration, glare, flashes, or objectionable effluent, the effects
of which would be noticeable outside the Limited Industrial District.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
Retail and service uses permitted in the HC subject to all development regulations of the HC district, and further, that such use shall not be permitted driveway connection to a residential street as defined herein, and further subject to § 25-1-15.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
Requirements are contained in § 25-1-18, Tables 1 and 2.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
Any use which is not conducted wholly within a completely enclosed
building shall not be less than 50 feet distant from a residential
district and shall be screened as required in Subsection 25-1-14.6.
[Amended 12-18-2018 by Ord. No. 28-18]
Purpose. The purpose of the I Industrial District is to provide
suitable locations for the development of intense industrial uses,
including clean manufacturing, warehousing and distribution operations,
as well as adaptive reuse or redevelopment of older existing commercial
and or industrial sites for newer technologies, research and development,
computer software, electronics and other high tech industries.
[Ord. No. 13-90; Ord. No. 31-92; amended 12-18-2018 by Ord. No. 28-18]
a.
All uses permitted in the Limited Industrial District.
b.
Manufacturing of light machinery.
c.
Fabrication of metal products.
d.
Fabrication of paper products.
e.
Fabrication of wood products.
f.
Processing and packaging of food and associated goods.
g.
Research laboratories.
h.
Other uses which are light industrial in nature. Such shall not include
truck terminals, bulk fuel storage, raw material processing except
for food and beverages, asphalt and concrete plants.
i.
Adult entertainment uses.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
Conditional uses shall be the same as LI zone (Subsection 25-1-11.3).
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
Minimum off-street parking requirements are contained in § 25-1-18, Tables 1 and 2.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
Any use which is not conducted wholly within a completely enclosed
building shall not be less than 50 feet distant from a residential
district and shall be screened as required in Subsection 25-1-14.6.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
All uses not expressly permitted in the various zone districts
are prohibited, and as further provided within this section.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
The parking or use of trailers or manufactured home/office units
for permanent occupancy is prohibited in all zones except in conjunction
with construction of other structure on the lot. Recreational vehicles
are not included nor restricted under this section.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
Boardinghouses, rooming houses and guest homes shall not be
a permitted use in any zone.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
Dog kennels or the boarding of domestic animals shall not be
a permitted use in any zone.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
[1]
Editor's Note: Former § 25:1-13.5, Live Entertainment
Open to the General Public Regardless of Cover Charge, which immediately
followed this section, was repealed 11-22-2016 by Ord. No. 22-16.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
a.
Lot width. The minimum lot width of any lot shall be measured along
the minimum required building setback line as required for the district
in which it is located. The lot width measured at the street line
shall not be less than 80% of the minimum required lot width or 40
feet, whichever the greater.
b.
Corner lots. At all street intersections, no obstruction to vision
(other than an existing building, post, column, hedge or tree) exceeding
30 inches in height above the established grade of the street at the
property line shall be erected or maintained on any lot within the
triangle formed by the street lot lines of such lot and a line drawn
between points along such street lot lines 30 feet distant from their
points of intersection.
c.
Required area or space cannot be reduced. The area or dimension of
any zone lot, yard, parking area or other space shall not be reduced
to less than the minimum requirements of this chapter; and, if already
less than the minimum required by this chapter, the area or dimension
may be continued and shall not be further reduced.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
a.
General application. No building or structure shall have a greater
number of stories or greater number of feet than are permitted in
the district where such building is located.
b.
Permitted exceptions. Height limitations stipulated elsewhere in
this chapter shall not apply to church spires, belfries, cupolas and
domes, monuments, water towers, chimneys, smokestacks, flag poles,
radio and television towers, or to masts and arterials.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
a.
Side yard width may be varied. Where the side wall of a building
is not parallel with the side lot line or broken or otherwise irregular,
the side yard may be varied. In such case the average width of the
side yard shall not be less than the otherwise required minimum width;
provided, however, that such side yard shall not be narrower at any
point than one-half the otherwise required minimum width.
b.
Side yard of corner lot. The side street setback line of any corner
lot platted on the borough's tax maps as the lot existed on December
28, 1964, or any corner lot shown on any subdivision plat which received
final approval prior to December 28, 1964, shall not be less than
1/2 of the depth of the minimum front yard required on any adjoining
lot fronting on a side street. Any corner lot delineated by subdivision
after December 28, 1964, shall provide a side street setback line
which shall not be less than the minimum front yard required on any
adjoining lot fronting on a side street.
c.
Front yard exception. When a vacant lot is situated between two improved
lots, each having a principal building within 50 feet of any side
lot line of such vacant lot, the front yard may be reduced to the
greatest depth of the front yard of the two adjoining lots, but shall
be no less than 15 feet; provided that where any lot shall front on
a right-of-way which is proposed on the Official Map of Keyport Borough
to be widened, the front yard of such lot shall be as required in
the district where such lot is located and shall be measured from
such proposed future right-of-way.
d.
Projections into required yards. Certain architectural features may
project into required yards as follows:
1.
Cornices, canopies, eaves, windows or other similar architectural
features may project into side yards a distance not exceeding two
inches per one foot of side yard width but may not exceed a total
of three feet. This subsection shall not include cantilevered room
projections including bay windows.
2.
Fire escapes may project into side and rear yards a distance not
exceeding four feet, six inches.
3.
Patios, decks and porches may be located in side and rear yards provided
that they are not closer than three feet to any property line.
4.
Covered porches shall not extend beyond the setback line.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
Land coverage by principal and accessory buildings or structures
on each zone lot shall not be greater than is permitted in the district
where such principal and accessory buildings are located.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
There shall be not more than one principal dwelling structure
and two accessory structures, including a private garage, on each
lot in any RA and RB District.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
This section shall not apply to nurseries, and the display for
sales purposes of new or used cars, trucks, trailers, or boats except
when abutting a residential zone or use.
a.
Landscaping requirement. All nonresidential development shall provide
landscaping and/or fencing to enhance site appearance, provide for
visual screening of parking areas, waste disposal facilities and loading
areas. The Planning Board may waive this requirement due to existing
vegetation, topography, or other physical features at or adjacent
to the site which provides effective screening.
b.
Buffer requirement. Any nonresidential development shall provide
a six-foot high solid fence or planted evergreen screen along any
lot line which is contiguous with a residential lot. The Planning
Board may waive this requirement due to existing vegetation, topography,
or other physical features at or adjacent to the site which provides
effective screening.
c.
Lighting regulation. No exterior light source shall emit direct glare
beyond the lot lines of the site on which located. Further, no pole
lights shall exceed 12 feet in height when located within 25 feet
of a residential zone boundary.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
In residential districts or abutting residential districts,
such uses include electric substations, transformers, switches, auxiliary
apparatus serving a distribution area, water towers and water pumping
stations shall be subject to the following regulations:
a.
No facility shall have access to a residential street as defined
in this chapter.
b.
The facility shall provide fences, barriers and other safety provisions
to prevent public access.
c.
Fences, barriers and other safety provisions to prevent public access
shall be landscaped in accordance with the provisions of Subsection
25-1-14.6.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
Motels, motor courts, motor hotels and similar uses:
a.
Such uses shall have a minimum area of 150 square feet of rentable
space for each unit exclusive of bathroom facilities.
b.
Each rentable unit shall include a bathroom as defined in the Code
of the State of New Jersey.
c.
Restaurant, conference, banquet, health and fitness facilities and
retail services for the benefit of guests may be included within the
hotel structure.
d.
Access to all guest rooms shall be from interior hallways. No guest
rooms shall be accessed directly from the outside of the building.
e.
Off-street parking shall be provided at a ratio of one parking space
per guest room.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
Uses in nonresidential district, when abutting a residential
district, shall be screened from the residentially zone lot(s) in
accordance with the provisions of Subsection 25-1-14.6.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
Community buildings, country clubs, social halls, lodges, fraternal
organizations and similar uses in any residential district shall comply
with the following:
a.
All buildings shall be a minimum of 20 feet from any property line or the setback distance set forth in the § 25-1-16, whichever the greater.
b.
In a residential district, where permitted, there may be included
retail sales for guests only and shall be limited to members and guests.
c.
Any such use shall front on a public street having a minimum pavement
width of not less than 30 feet and shall provide ingress and egress
so as to minimize traffic congestion.
d.
Such uses shall not be located on lots of less than 10,000 square
feet with a minimum frontage of 100 feet.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
Retail uses in LI and I zones shall comply with the following:
a.
Such use shall have direct access to a street classified as other
than a residential street as defined in this chapter.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
These uses shall conform to the yard and lot requirements as
established for the GMC district when occurring as a principal use.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
Automobile service stations are subject to the following:
a.
Motor vehicle service stations shall have a lot area of not less
than 60,000 square feet with a minimum lot frontage of 300 feet. No
building shall be located closer than 100 feet to any street line
except that a canopy shall be permitted to extend to 50 feet from
any street line.
b.
All paved areas other than driveways shall be located no closer than
40 feet to the street line or residential zone boundary.
c.
Driveways shall be not more than 35 feet nor less than 25 feet wide
at any point. Driveways must be at least 10 feet from any side line,
and 50 feet from the intersection of street lines. No more than one
driveway shall be permitted for each 100 feet of street frontage.
d.
No motor vehicle service station shall be located within 1,000 feet
of any public entrance to a church, school, library, hospital, fire
station, park, playground, charitable institution, or place of public
assemblage.
e.
All fuel pumps shall be used exclusively for servicing vehicles used
in conjunction with the operation of the use and shall be located
at least 50 feet from any street or property line. No sale of fuel
to the public shall be permitted.
f.
No outdoor oil drainage pits or hydraulic lifts shall be permitted.
g.
Overnight outdoor storage of more than three vehicles shall be prohibited.
h.
Any repair of motor vehicles shall be performed in a fully enclosed
building. No parts or partially dismantled motor vehicle may be stored
out of doors.
i.
Coin-operated air compressors are not permitted.
j.
No auto body work shall be permitted.
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
Private schools or colleges shall be subject to:
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
Licensed nursing home shall be subject to:
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
Nursery school shall be subject to:
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
Church, synagogue, or other religious use shall be subject to
the following:
[Ord. No. 13-90; amended 12-18-2018 by Ord. No. 28-18]
Community residences for the developmentally disabled and community
shelters for victims of domestic violence, hereinafter referred to
as community residences, may be permitted in any residential zone
provided that any community residence housing more than six persons,
excluding residential staff, shall require a conditional use permit.
The conditional use permit will be issued only after the following
standards and conditions are complied with:
a.
No community residence shall be located within 1,500 feet of an existing
community residence.
b.
The maximum number of persons to be housed in the community residence,
including resident staff, shall be fixed at the time of application
for the conditional use permit. No expansion of the occupancy limit
shall be made unless a further conditional use permit is obtained.
c.
A minimum of 300 square feet of floor area is required for each occupant
of the community residence, and for each resident staff member.
d.
A minimum of 1,000 square feet of lot area is required for each occupant
of the community residence and for each resident staff member.
e.
Community residences shall not have any entrance or exit within 200
feet of any entrance or exit to a public or private school, rescue
squad, fire station, park or playground.
f.
No sign denoting the nature of the community residence shall be allowed
on the premises.
g.
A five-foot high buffer, which shall either be dense landscape screening
or a fence, shall be required between the community residence, and
adjoining residential property.
h.
Sufficient off-street parking is to be provided. A community residence
for the developmentally disabled shall provide one off-street parking
space for each resident staff member, plus one additional off-street
parking space for every four occupants of the community residence.
i.
A community shelter for victims of domestic violence shall provide
one off-street parking space for each resident staff member and plus
one additional parking space for each adult occupant of the residence.
[Ord. No. 13-90; Ord. No. 15-91; amended 12-18-2018 by Ord. No. 28-18]
a.
The provisions of this section shall apply to all radio, wi-fi, cellular
and television antennas, including dish antennas for satellite television
reception, herein referred to as dish antennas.
b.
A freestanding antenna shall be a permitted accessory use in all
zones, provided that the lot on which it is located contains a principal
structure.
c.
Freestanding antennas shall not be placed in the front yard and shall
comply with side and rear yard setback standards for an accessory
building for the zone in which the antenna is located. No antenna
except the maximum permitted height of the zone in which located.
d.
Procedure. Any property owner shall, prior to the placement of a
freestanding antenna not attached to a building, submit to the Construction
Code Official, a plan showing the size of the antenna, the proposed
location of same on the subject premises, and any other information
as may be required herein.
e.
Plan details. The plan shall be drawn on a map to a scale not smaller
than one inch equals 10 feet and include and show the following information:
1.
The name and address of the applicant and the name and address
of the property owner; the name, address and title of the person preparing
the plan, the date of preparation and the date of each plan revision.
2.
An appropriate place for the signature of the Construction Code
Official.
3.
The lot and block number(s) from the Borough Tax Map; the length
and bearings of the lot lines; and the location of the proposed antenna.
4.
All existing buildings, all accessory buildings and structures
on the lot and the location and setback dimensions of the proposed
antenna.
5.
Existing and proposed screening.
6.
Any and all other information necessary to meet any other requirements
of this chapter not listed above.
f.
Additional regulations for dish antenna.
g.
Design standards.
1.
The diameter of a dish antenna shall not exceed 12 feet.
2.
The dish antenna shall be erected on a secure ground-mounted
foundation in accordance with appropriate building codes. The maximum
height from ground level to the highest point of the dish antenna
as fully extended, and including support structures, shall not exceed
12 feet.
3.
In the event that locating the dish antenna on a ground mounted
foundation with a maximum height of 12 feet imposes an unreasonable
limitation on, or prevents, reception of satellite delivered signals,
a property owner may either mount the antenna on the roof of a structure
or extend the maximum height of the dish antenna from ground level
to the highest point of that antenna, including support structures,
to 18 feet, provided that a plan/certification showing the size of
the antenna, the proposed location of the antenna on the premises,
and the construction of the support structure, or mount, is signed
and sealed by a licensed New Jersey professional engineer or architect.
Said plan/certification is to be delivered to the Zoning Officer at
the time application is made for a building permit.
[Ord. No. 31-92; Ord. No. 27-93; amended 5-3-2005 by Ord. No. 6-05; 12-18-2018 by Ord. No. 28-18]
a.
PERSON
SEXUALLY ORIENTED BUSINESS
1.
2.
3.
SPECIFIED ANATOMICAL AREA
SPECIFIED SEXUAL ACTIVITY
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
An individual, proprietorship, partnership, corporation,
association or other legal entity.
A commercial establishment which, as one of its principal business
purposes offers for sale, rental or display any of the following:
books, magazines, periodicals or other printed material, or photographs,
films, motion pictures, video cassettes, digital video discs, slides
or other visual representations which depict or describe a specified
sexual activity or specified anatomical area; or still or motion picture
machines, projectors or other image producing devices which show images
to one person per machine at any one time, and where the images so
displayed are characterized by the depiction of a specified sexual
activity or specified anatomical area; or instruments, devices or
paraphernalia which are designed for use in connection with a specified
sexual activity; or
A commercial establishment which regularly features waiters,
waitresses, dancers or other live performances characterized by the
exposure of a specified anatomical area or by a specified sexual activity,
or which regularly shows films, motion pictures, video cassettes,
digital video discs, slides, or other photographic representations
which depict or describe a specified sexual activity or specified
anatomical area; or
Hotel, motel or similar commercial establishment which offers
accommodations to the public for any form of consideration, and which
provides patrons with closed-circuit television transmissions, films,
motion pictures, video cassettes, digital video discs, slides or other
visual representations which depict or describe a specified sexual
activity or specified anatomical area, and has a sign visible from
a public right-of-way which advertises the availability of these visual
representations, or offers a sleeping room for rent for a period of
time that is less than 10 hours; or allows an occupant of a sleeping
room to subrent the room for a period of time that is less than 10
hours.
b.
Prohibited locations. No person shall operate a sexually oriented
business within 1,000 feet of any existing sexually oriented business,
or any church, synagogue, temple or other place of public worship,
or any elementary or secondary school or any school bus stop, or any
municipal or county playground or place of public resort and recreation,
or any hospital or any child-care center, or within 1,000 feet of
any area zoned for residential use or within 1,000 feet of a public
or private recreational facility, including, but not limited to, bowling
alleys, skating rinks, pool parlors, video arcades or similar enterprises
catering to or frequently attended by minors under the age of 18 years.
This section shall not apply to a sexually oriented business already
lawfully operating on the effective date of this subsection[1] where another sexually oriented business, an elementary
or secondary school or school bus stop, or any municipal or county
playground or place of public resort and recreation is subsequently
established within 1,000 feet, or a residential district lot is subsequently
established within 1,000 feet.
[1]
Editor's Note: Ordinance No. 6-05, codified herein, was adopted
5-3-2005.
c.
Buffer required. Every sexually oriented business shall be surrounded
by a perimeter buffer of at least 50 feet in width, consisting of
plantings, to the satisfaction of the Municipal Planning Board. This
section shall not apply to a sexually oriented business already lawfully
operating on the effective date of this subsection.[2]
[2]
Editor's Note: Ordinance No. 6-05, codified herein, was adopted
5-3-2005.
d.
Facilitation of sexual activity prohibited.
1.
No sexually oriented business which regularly shows films, motion
pictures, video cassettes, digital video discs, slides or other photographic
representations which depict or describe a specified sexual activity
or specified anatomical area shall offer for public use any private
booths, screens, enclosures or other devices which facilitate sexual
activity by patrons.
2.
All booths used for the viewing of motion pictures or other
forms of entertainment in adult entertainment establishments shall
be prohibited from having doors unless one side is open to an adjacent
public room so that the area inside is visible to person in that adjacent
room.
3.
All booths used for the viewing of motion pictures shall be
available for the public during the hours of 10:00 a.m. to 10:00 p.m.
only.
e.
Sign prohibiting minors required. No sexually oriented business shall
display more than two exterior signs, consisting of one identification
sign and one sign giving notice that the premises are off limits to
minors. The identification sign shall be no more than 40 square feet
in size.
f.
Violations and penalties. Any person, firm or corporation that violates
this subsection is guilty of a crime of the fourth degree.
[Ord. No. 16-98; Ord. No. 13-09; amended 12-18-2018 by Ord. No. 28-18]
a.
Permit; height and material restrictions. Fences and walls hereafter
installed or reconstructed in any zone in the Borough of Keyport shall
comply with the permit, height and material requirements set forth
below. For the purposes of this article, the term "open fence" refers
to a chain link fence, a split rail fence, a picket fence or other
fence of similar construction that has at least 50% open area, whereas
the term "solid fence" refers to any fence other than an open fence.
1.
No fence or wall shall hereafter be installed or reconstructed
in any residential, commercial or industrial zone without a construction
permit for same.
2.
Any fence or wall hereafter installed or reconstructed in any
residential zone in the Borough of Keyport or on lots in any other
zones on which residential buildings are erected, shall not exceed
six feet in height above the adjacent ground level. This provision
notwithstanding, no fence shall be installed in front of a front building
line in a residential district or that of a lot in any other zone
on which residential buildings are erected which is greater than four
feet in height if the structure is an open fence or three feet in
height if it is a solid fence.
3.
No fence or wall hereafter installed or reconstructed in any
commercial zone in the Borough of Keyport shall exceed a height of
eight feet above ground level.
4.
No fence or wall hereafter installed or reconstructed in any
industrial zone in the Borough of Keyport shall exceed a height of
10 feet above ground level.
5.
The foregoing restrictions shall not be applied so as to prevent
the installation of an open wire fence not exceeding 15 feet in height
above ground level anywhere within a public park, public playground
or public school properties. These restrictions shall not be applied
so as to restrict the installation of a wall for the purposes of retaining
earth, provided such wall does not exceed the adjacent grade heights.
6.
The following fences and fencing materials are specifically
prohibited: barbed-wire fences, razor-wire fences, sharp pointed fences,
canvas, cloth, electrically charged fences, poultry netting, and temporary
fences such as snow fences, expandable fences and collapsible fences
on any lot which is devoted primarily to residential purposes.
7.
Every fence or wall shall be maintained in a safe, sound, upright
condition.
8.
The finished side of any two-sided fence shall face the outside
of the premises on which it is installed.
b.
Location requirements. Fences and walls hereafter installed or reconstructed
in any zone in the Borough of Keyport shall comply with the location
requirements set forth below:
1.
All fences and walls must be installed within the property lines
and no fences or walls shall be erected so as to encroach upon a public
right-of-way.
2.
No fence or wall shall be located upon or encroach upon any
municipal or other public easement unless the Township Engineer and
the Director of Public Works shall first determine that the proposed
fence or wall will not substantially interfere with the purposes and/or
maintenance of said easement and shall, in writing, approve the erection
of same. Any fence or wall installed within the boundaries of any
public easement shall be subject to partial or total removal by the
public entity which controls the easement upon a showing that such
removal is required for maintenance of the easement or that the fence
or wall, due to changed conditions, substantially interferes with
the purpose of said easement.
3.
No fence or wall shall be partially or completely removed from
a public easement unless the owner has been given due notice and an
opportunity to be heard.
4.
Any approval for a fence or wall to be located in a public easement
shall refer to and be conditioned upon § 25-1-15-16b2 and
3 as set forth above and shall state clearly and prominently that
the fence or wall may be subject to partial or complete removal by
the public entity controlling the easement as set forth above.
c.
Maintenance enforcement. If the Building Subcode Inspector, upon
inspection, determines that any fence or wall or portion of any fence
or wall is not being maintained in a safe, sound, upright condition
he or she shall notify the owner of such fence or wall in writing,
state briefly the reasons for such findings and order the fence or
wall or portion thereof to be repaired or removed within 30 days of
the date of the written notice.
d.
Corner lots. Fences may not be installed in the front yard on a corner
lot except as described in this section. For purposes of this section
only, a front yard is that area in the front of the projected front
building line as determined by the location of the front door or principal
entrance to the building. The area on the side of the dwelling, along
an existing street without an entrance, is for purposes of this section
only, a side yard. Maximum height of fences or walls on a double corner
lot and in the side yard shall not exceed four feet in height if it
is an open fence or 30 inches in height if it is a solid fence.
e.
Swimming pools. All other provisions contained herein notwithstanding,
all swimming pools located within the Borough of Keyport shall be
enclosed by a fence or other permanent barrier in accordance with
the Building Officials Code Administrators (BOCA) National Property
Maintenance Code, § 421.10, or as the same may be amended.
f.
Sight triangles. Within a sight triangle formed by an intersection
of streets and/or streets and driveways, no fence, wall, hedge or
any other obstruction to vision which is higher than 30 inches above
the street center line, except for street name signs and official
traffic regulation signs, shall be permitted. In the event the state
or county regulations impose greater requirements where frontage is
upon a state or county road, such greater requirements shall prevail.
g.
The fee for a zoning permit to install or reconstruct a fence or wall shall be $50 for a residential permit, $75 for commercial permits, and $150 for an industrial permit, in accordance with the building subcode fees set forth in Chapter 12, Building and Housing, of the Code of the Borough of Keyport, Subsection 12-1.6.
[Added 9-2-2008 by Ord.
No. 19-08; amended 12-18-2018 by Ord. No. 28-18]
a.
TOBACCO ORIENTED ACTIVITIES
TOBACCO PARAPHERNALIA
TOBACCO-RELATED PRODUCTS
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Activities either devoting 20% or more of floor area or display
area to or deriving 75% or more of gross sales receipts from, the
sale or exchange of tobacco-related products.
Equipment, and material of any kind which is used or intended
for use in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing, containing, concealing,
ingesting, inhaling, or otherwise introducing tobacco into the human
body.
Any substance containing tobacco including but not limited
to cigarettes, cigars, chewing tobacco and dipping tobacco; cigarette
papers; or any other instrument or paraphernalia for the smoking or
ingestion of tobacco and products prepared from tobacco.
b.
Location Restrictions. No tobacco oriented activity shall be located
within 1,000 feet of any existing business selling tobacco products,
any place of religious worship, school, school bus stop, public library,
park or playground, childcare center, hospital, or within 1,000 feet
of any area zoned for residential use or within 1,000 feet of a public
or private recreational facility including, but not limited to, bowling
alleys, skating rinks, video arcades or similar businesses catering
to or frequented by minors under the age of 18 years of age. This
section shall not apply to business selling tobacco and tobacco related
products and already lawfully operating on the effective date of this
section.
[Added 12-18-2018 by Ord.
No. 28-18]
a.
Purpose. The bed-and-breakfast residence shall be an existing residential
structure originally constructed for single-family residential purposes
and shall represent one of the historically significant architectural
styles, century homes or captain's houses, of the Borough. The conversion
of such a residence to a bed-and-breakfast residence in accordance
with this section is intended to result in the preservation, maintenance
and continuation of residential structures of such architectural types
and to aid in the promotion of the tourist economy of the Borough.
b.
General requirements.
1.
Each property to be used for a bed-and-breakfast residence shall
be situated on a lot that contains at least 15,000 square feet and
oriented in such a way as to be able to accommodate off-street parking
area and buffer landscaping as required in this section.
2.
A bed-and-breakfast residence shall contain a minimum gross
floor area of 3,500 square feet.
3.
An indoor common area must be provided for the exclusive use
of the guests, and must be a minimum of 100 square feet if less than
six individual sleeping accommodations are provided, and a minimum
of 300 square feet if six or more individual sleeping accommodations
are provided. Common areas may include, but not be limited to, a combination
of dining rooms, parlors, sitting rooms, libraries, solariums, enclosed
and heated porches or like facilities and are exclusive of bathrooms,
closets or other nonhabitable space.
4.
The exterior facade of the approved bed-and-breakfast residence
shall not be altered except for normal repair and maintenance and
alterations that result in the preservation or enhancement of the
qualifying architectural style of the building. Exterior alterations
shall only be undertaken after application to and approval by the
Borough of Keyport Historic Preservation Commission.
c.
Operational requirements.
1.
Each bed-and-breakfast operator must keep a daily guest register
which includes the guest name, permanent address, phone number, date
and duration of stay, number of guest vehicles with license plate
number. The guest register must be available for inspection by Borough
officials between the hours of 8:00 a.m. and 8:00 p.m.
2.
Occupancy by any guest within the bed-and-breakfast residence
shall be limited to 14 consecutive nights and not more than 21 nights
in any period of 50 consecutive days.
3.
The residence and grounds for the bed-and-breakfast residence
shall be for the exclusive use of the residents and overnight guests
of the bed-and-breakfast residence and not for the general public;
is not advertised to the general public as a restaurant, catering,
banquet business or similar establishment.
4.
No person shall operate a bed-and-breakfast residence unless
the owner holds a valid license issued by the Borough of Keyport.
d.
Off-street parking. Off-street parking shall be provided as follows:
1.
One off-street parking space shall be provided for each nonresident
employee.
2.
Two spaces shall be provided for the owner/occupant family.
3.
One off-street parking space shall be provided for each guest
room. The provision of off-street parking for guests may be satisfied
off-site by written lease agreements or easements for existing off-street
parking areas within 500 feet of the bed-and-breakfast residence,
provided that such existing off-street parking provides an excess
of parking for the principal use that it is designed to serve, proof
of which must be submitted to the Planning Board for review and acceptance.
4.
Off-street parking areas shall be constructed to contain and dispose of all parking area drainage on site, or otherwise properly detain and dispose of the drainage in accordance with the requirements of Chapter 24, Stormwater Management and Control, of the Code of the Borough of Keyport.
5.
All off-street parking provided shall be a minimum of 10 feet
from any property line, and shall be screened from view of any adjoining
residential property utilizing evergreen landscaping.
e.
Landscaping and buffering.
1.
A ten-foot-wide evergreen landscape buffer shall be provided
along each property line that adjoins an existing single-family dwelling.
2.
Where outside recreational features are provided, such as a
pool, patio or gazebo, the landscape buffer shall be supplemented
with a six-foot solid fence that extends at least 20 feet beyond the
location of the feature in each direction along the adjacent property
line.
3.
Parking area landscaping shall consist of an evergreen hedge
at least six feet wide backed by a four-foot-high solid fence within
the required ten-foot-wide parking area setback.
f.
Lighting.
1.
Lighting shall be required for off-street parking areas and
shall be consistent with the residential character of the use.
2.
Driveway and walkway lighting shall be down lighting not more
than three feet high.
3.
Parking area lighting shall be of a style that is complementary
of the architecture of the principal building and not more than four
feet high.
4.
All lighting fixtures in parking areas, driveways and walkways
shall be shielded to contain all light on the subject property, so
as not to allow spill-over of light or glare to any adjacent residential
properties. Where practical, lighting shall include movement or heat
sensor controls to limit continuous illumination.
g.
Signs.
1.
The bed-and-breakfast residence may identify itself with either
one freestanding sign in the front yard or one wall-mounted sign.
2.
Freestanding signs shall be set back at least four feet from
the building side of the sidewalk and be located so as not to interfere
with the line of sight for any intersecting streets. The maximum sign
area shall be five square feet with a maximum vertical distance from
the bottom of the sign to the ground of one foot and a maximum overall
height of four feet.
3.
Wall signs shall be attached flush to the facade of the structure
and shall be no higher than the first floor entrance door. The maximum
size of the sign area shall be five square feet.
4.
All signs may be indirectly lit with a maximum of two external
lights of an intensity not to exceed the equivalent of 75 watts or
1,100 lumens each, that are shielded and directed solely at the sign.
5.
The design of all signs shall be coordinated with the color
and architectural theme of the bed-and-breakfast residence.
h.
Minor site plan approval required. The following shall be provided
in addition to the submission requirements of a minor site plan application:
1.
A full floor plan of the building to show all spaces and to
identify their respective uses, identify the rooms which are to be
licensed, by name, number or physical description and location, and
to identify the bedrooms for the exclusive use of the owners and other
permanent residents.
2.
Architectural elevations, either accurate drawings or photographs,
of all sides of the existing structure that demonstrate the architectural
significance of the building and any exterior modifications proposed
as part of the conversion to a bed-and-breakfast residence.
3.
A written description of the architectural, locally important
or historic relevance of the property.
[Added 12-18-2018 by Ord.
No. 28-18]
a.
The purpose of this section is to protect the public health, safety
and welfare through the protection of the groundwater resources underlying
the municipality to ensure a supply of safe and healthful drinking
water for the present and future generations of local residents, employees
and the general public in this municipality as well as users of these
water supplies outside the Borough of Keyport. The area of land surrounding
each public community well, known as a "Wellhead Protection Area (WHPA),"
from which contaminants may move through the ground to be withdrawn
in water taken from the well, have been delineated. Through regulation
of land use, physical facilities and other activities within these
areas, the potential for groundwater contamination can be reduced.
The purpose of the regulations contained in this section is to prevent
pollutants from potentially entering areas within a WHPA that may
migrate into groundwater that is withdrawn from a public community
well.
b.
ADMINISTRATIVE AUTHORITY
APPLICANT
AQUIFER
BEST MANAGEMENT PRACTICES (BMP)
CONTAMINATION
DEVELOPMENT
DISCHARGE
DRY WELL
GROUNDWATER
HAZARDOUS SUBSTANCE
HAZARDOUS SUBSTANCE TRANSMISSION PIPELINE or TRANSMISSION PIPELINE
HAZARDOUS WASTE
MAXIMUM CONTAMINANT LEVEL
NAICS
POLLUTED WATER
POTENTIAL POLLUTANT SOURCE (PPS)
PPS
PUBLIC COMMUNITY WELL
TIER 1 WELLHEAD PROTECTION AREA
TIER 2 WELLHEAD PROTECTION AREA
TIER 3 WELLHEAD PROTECTION AREA
TIME OF TRAVEL (TOT)
WELLHEAD
WELLHEAD PROTECTION AREA (WHPA)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The Planning Board or Board of Adjustment and the Health
Department, acting jointly and in consultation, with all of the powers
delegated, assigned, or assumed by them according to statute or ordinance.
Person applying to the Health Department, Planning Board,
Board of Adjustment or the Construction Office proposing to engage
in an activity that is regulated by the provisions of this article
that would be located within a regulated Wellhead Protection Area.
A formation, group of formations, or part of a formation
that contains sufficient saturated permeable rock, sand, or gravel
which is capable of storing and transmitting usable quantities of
water to wells and springs.
Performance or design standards established to minimize the
risk of contaminating groundwater or surface waters while managing
the use, manufacture, handling or storage of hazardous substances
or hazardous wastes.
The presence of any harmful or deleterious substances in
the water supply.
The carrying out of any construction, reconstruction, alteration
of surface or structure or change of land use or intensity of use.
Any intentional or unintentional action or omission, unless
pursuant to and in compliance with the conditions of a valid and effective
federal or state permit, resulting in the releasing, spilling, pumping,
pouring, emitting, emptying or dumping of a hazardous substance into
the waters or lands of the state or into waters outside the jurisdiction
of the state when damage may result to the lands, waters or natural
resources within the jurisdiction of the state.
A subsurface storage facility that receives and temporarily
stores roof runoff. A dry well may be either a structural chamber
and/or an excavated pit filled with aggregate in accordance with the
requirements of the Borough Engineer.
Water contained in interconnected pores of a saturated zone
in the ground, also known as "well water." A saturated zone is a volume
of ground in which the voids in the rock or soil are filled with water
at a pressure greater than atmospheric.
Any substance designated under 40 CFR 116 pursuant to Section
311 of the Federal Water Pollution Control Act Amendments of 1972
(Clean Water Act, Public Law 92-500; 33 U.S.C. 1251 et seq.), the
Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq.,
or Section 4 of the New Jersey Water Pollution Control Act (N.J.S.A.
58:10A-4). Substances listed include petroleum, petroleum products,
pesticides, solvents and other substances.
A pipeline, whether above or below ground, which transports
or is designed to transport a hazardous substance. As used herein,
a transmission pipeline includes all parts of those physical facilities
through which a hazardous substance moves in transportation, including
pipes, valves, and other appurtenances attached to pipes, compressor
units, pumping stations, metering stations, regulator stations, delivery
stations, emergency response terminals, holders, breakout tanks, fabricated
assemblies, and other surface pipeline appurtenances.
Any solid waste that is defined or identified as a hazardous
waste pursuant to the Solid Waste Management Act, N.J.S.A. 13:1E-1
et seq., N.J.A.C. 7:26-8, or 40 CFR Part 261.
The maximum permissible level of a contaminant in water which
is delivered to any user of a public community water system.
North American Industrial Classification System pursuant
to the North American Free Trade Agreement of 1993.
In the content of drinking water, water is polluted when
a pollutant is present in excess of a maximum contaminant level or
bacteriological limit established by law or regulation.
An activity or land use which may be a source of a pollutant
that has the potential to move into groundwater withdrawn from a well.
Potential pollutant source.
A public water supply well which serves at least 15 service
connections used by year-round residents or regularly serves at least
25 year-round residents.
That area of land within a WHPA from which groundwater may
enter the well within two years.
That area of land within a WHPA from which groundwater may
enter the well within five years.
That area of land within a WHPA from which groundwater may
enter the well within 12 years.
The average time that a volume of water will take to travel
in the saturated zone from a given point to a pumping well.
The well borehole and appurtenant equipment.
An area described in plan view around a well, from which
groundwater flows to the well and groundwater pollution, if it occurs,
may pose a significant threat to the quality of water withdrawn from
the well.
c.
Establishment of Wellhead Protection Areas and maps.
1.
Wellhead Protection Area maps.
(a)
The delineations of wellhead protection areas for public community
wells, which were published by the New Jersey Geological Survey of
the New Jersey Department of Environmental Protection, are incorporated
herein and made a part of this article. They are designated as follows:
New Jersey Wellhead Protection Areas, Edition 2, Geospatial Data Presentation,
New Jersey Digital Data Series, DGS02-2, dated 18 June 2002. A description
of these data, which has been excerpted from these materials, is appended
as an Appendix and is adopted as of the effective date of this section.
(b)
A map of the wellhead protection areas located within the Borough
of Keyport is included as part of this section. Maps of the municipality
on which these delineations have been overlain shall be on file and
maintained by the offices of the Clerk of the Borough of Keyport,
and of the Health Department and/or Zoning Officer.
2.
Wellhead Protection Areas, as shown on the maps described in Subsection c(1), shall be considered to be superimposed over any other established zoning district. Land in a Wellhead Protection Area may be used for any purpose permitted in the underlying district, subject to the additional restrictions presented herein.
d.
Restrictions within Wellhead Protection Areas. Properties located
wholly or partially within a Wellhead Protection Area shall be governed
by the restrictions applicable to the Wellhead Protection Area.
1.
Regulation of Wellhead Protection Areas for public community
wells.
(a)
The Administrative Authority for administering the provisions
of this article shall be the Unified Planning Board, Zoning Officer
and the Health Department of the Borough of Keyport acting jointly
and in consultation.
(b)
Any applicant for a permit requesting a change in land use or
activity, which is subject to review under the provisions of the Municipal
Land Use Law and other pertinent regulations of the Borough of Keyport
and which is located within a delineated WHPA, as defined in herein,
that involves a potential pollutant source (PPS), as defined herein,
shall comply with the requirements of this section.
(c)
Any applicant for a permit requesting a change in land use or
activity, which is subject to the requirements of this section, shall
file an operations and contingency plan, as required by Subsection
25-1-15.19, with the administrative authority. No permit that allows
a change in land use or activity, which is subject to the requirements
of this article, shall be granted unless an operations and contingency
plan for the proposed change has been approved by the administrative
authority. Any plan approved by the administrative authority shall
be kept on file in the office of the Health Department of the Borough
of Keyport and/or Fire Official and shall be available to the public
for inspection.
(d)
Any change in land use or activity that adds a major or minor
potential pollutant source (PPS), shall be prohibited within a Tier
1 WHPA.
(e)
Any change in on-site land use or activity that adds a major
PPS, shall be prohibited within a Tier 2 WHPA.
(f)
Any change in land use or activity that involves any PPS, within
any WHPA, that is not prohibited pursuant to Subsection 15-1-19d(1)d
or e, shall comply with the best management practice standards as
defined herein.
e.
Exemptions:
1.
Retail sales establishments that store and handle hazardous
materials for resale in their original containers. This exemption
shall not preclude the submission of a best management practices and
the operations and contingency plan in accordance with this chapter.
2.
Police, fire and emergency medical service facilities (subject
to the preparation of a best management practices and operations and
contingency plan in accordance with this chapter).
3.
Municipal, county and state government facilities (subject to
the preparation of a best management practices and operations and
contingency plan in accordance with this chapter).
4.
The use of any hazardous material solely as fuel in a vehicle
fuel tank or as a lubricant in a vehicle.
5.
The transportation of a hazardous material through the WHPA,
provided that the transporting vehicle is in transit and meets all
state and federal requirements for the transportation of such hazardous
material.
6.
A NJDEP approved NJDES discharge to groundwater permit (DGW)
for remediation of groundwater cleanup in any Tier WHPA.
f.
This section is supplementary to other laws and ordinances in this
municipality. Where this section or any portion thereof imposes a
greater restriction than is imposed by other regulations, the provisions
of this section shall supersede. These rules and regulations shall
in no way affect the limitations or requirements applicable in the
underlying municipal land use and zoning districts.
g.
The use limitations noted herein shall be considered as limitations
stipulated in the permitted list of uses in each zone. The activities
regulated herein shall be considered limitations accessory to permitted
uses in each zone.
h.
Potential pollutant sources. The following are major and minor potential
pollutant sources (PPS) subject to the requirements of this section.
This listing is consistent with the New Jersey Safe Drinking Water
Act, N.J.A.C. 7:10-11.7 through 12.12.
1.
Major PPSs include:
(a)
Permanent storage or disposal of hazardous wastes, industrial
or municipal sludge or radioactive materials, including solid waste
landfills.
(b)
Collection and transfer facilities for hazardous wastes, solid
wastes that contain hazardous materials, and radioactive materials.
(c)
Any use or activity requiring the underground storage of a hazardous
substance or waste greater than an aggregate total of 50 gallons and
regulated by NJDEP under provisions of the Underground Storage of
Hazardous Substances Act, N.J.S.A. 58:10A-21 et seq.
(d)
Aboveground storage facility for a hazardous substance or waste
with a cumulative capacity greater than 2,000 gallons.
(e)
Any industrial treatment facility lagoon.
(f)
Automotive service center (repair and maintenance).
(g)
Landfill.
(h)
Dry-cleaning facility (except retail distribution only of dropoff
and pickup of dry-cleaning only).
(i)
Road salt storage facility.
(j)
Cemetery or funeral homes or such facilities with embalming
facilities.
(k)
Truck or bus maintenance yard.
(l)
Site for storage and maintenance of heavy construction equipment
and materials.
(m)
Site for storage and maintenance of equipment and materials
for landscaping.
(n)
Asphalt and/or concrete manufacturing facility.
(o)
Junkyard/auto recycling and scrap metal facility.
(p)
Farm or residential underground storage of 1,100 gallons or
less capacity used for storing motor fuel for noncommercial purposes.
(q)
Underground heating oil storage tank for on-site consumption
with a capacity greater than 2,000 gallons.
(r)
Transmission pipelines, including hazardous substance transmission
pipelines, as defined in this chapter.
2.
Minor PPSs include:
(a)
Any use or activity requiring the underground storage of hazardous
substance or waste of 50 gallons or less.
(b)
Underground heating oil storage tank for on-site consumption
with a capacity of 2,000 gallons or less.
(c)
Sewage treatment facility.
(d)
Sanitary sewer system, including sewer line, manhole, or pump
station within 100 feet of a regulated well. (See conditions in Subsection
25-1-15.19h2(i).)
(e)
Industrial waste line. [See conditions in Subsection 25-1-15.19h2(i).]
(f)
Septic leaching field.
(g)
Facility requiring a groundwater discharge permit issued by
the NJDEP pursuant to N.J.A.C. 7:14A et seq.
(h)
Stormwater line within 100 feet of a regulated well. [See conditions
in Subsection 25-1-15.19h2(i).]
(i)
Waste oil collection, storage and recycling facility.
(j)
Agricultural chemical bulk storage and mixing or loading facility,
including crop dusting facilities.
(k)
Aboveground storage of hazardous substance or waste in quantities
of 2,000 gallons or less. [See conditions in Subsection 25-1-15.19h2(i).]
(l)
Any facility with a NAICS Code number included under the New
Jersey Safe Drinking Water Act Regulations at N.J.A.C. 7:10A-1.14,
Table II(N)A, with a toxicity number of II or greater.
i.
Conditions:
1.
Sanitary sewer lines, industrial waste lines and stormwater
lines may be located no closer than 100 feet to a regulated well,
and only if they are constructed of watertight construction (that
is steel, reinforced concrete, PVC or other suitable material as approved
by the utility authority).
2.
Manhole and/or connections to a sanitary sewer system are restricted
within 100 feet of a regulated well.
3.
Dry wells dedicated to roof runoff and serving residential properties
may be located no closer than 100 feet to a regulated well.
4.
Aboveground heating oil storage tanks, 2,000 gallons or less, shall be permitted in any tier subject to approval by the approving authority of containment provisions in accordance with Subsection j herein and shall be located no closer than 100 feet to a regulated well. The aboveground containment measures shall be no larger than required to contain a spill of the contents of an aboveground tank. The aboveground tank is permitted within any side or rear yard but shall conform to the minimum setback requirement for accessory structures. The aboveground tank shall also include fencing or landscaping sufficient to provide a screen of the proposed aboveground tank and containment apparatus from adjacent residential properties.
5.
An aboveground fuel storage tank for emergency electrical generators
with maximum fuel storage capacity of 2,000 gallons shall be permitted
in any tier subject to approval by the approving authority of containment
provisions in accordance with Subsection 25-1-15.19j herein and shall
be located no closer than 100 feet to a regulated well.
j.
Best management practice performance standards. Any applicant proposing
any change in land use or activity that involves any PPS, as defined
herein, that would be located either wholly or partially within any
WHPA shall comply with and operate in a manner consistent with the
following best management practices, and the Borough of Keyport is
also obligated to ensure that its provisions are not carried out in
a manner which is not inconsistent with N.J.A.C. 7:14B.
1.
All portions or areas of a facility in which hazardous substances
or hazardous wastes are stored, processed, manufactured or transferred
outdoors shall be designed so that the discharges of hazardous substances
will be prevented from overflowing, draining, or leaching into the
groundwater or surface waters.
2.
Outdoor storage, dispensing, loading, manufacturing or processing
areas of hazardous substances or hazardous wastes must be protected
from precipitation, stormwater flows or flooding.
3.
Secondary containment structures.
(a)
Wherever hazardous substances are stored, processed, manufactured
or transferred outdoors, the design features shall include secondary
containment and/or diversionary structures which may include but not
be limited to:
(1)
Containers, dikes, berms or retaining walls sufficiently
impermeable to contain spilled hazardous substances, for the duration
of a spill event.
(2)
Curbing.
(3)
Gutter, culverts and other drainage systems.
(4)
Weirs, booms and other barriers.
(5)
Lined diversion ponds, lined lagoons and lined
retention basins, holding tanks, sumps, slop tanks and other collecting
systems.
(6)
Drip pans.
(b)
All secondary containment and diversionary structures for underground
storage tanks shall be consistent with N.J.A.C. 7:14B.
(c)
Secondary containment and diversionary systems, structure or
equipment must meet the following standards:
(1)
The system must block all routes by which spilled
hazardous substances could be expected to flow, migrate, or escape
into the groundwater or surface waters.
(2)
The system must have sufficient capacity to contain
or divert the largest probable single discharge that could occur within
the containment area, plus an additional capacity to compensate for
any anticipated normal accumulation of rainwater.
(3)
In order to prevent the discharge of hazardous
substances into groundwater, all components of the system shall be
made of or lined with impermeable materials sufficient to contain
the substance for the duration of a spill event. Such material or
liner must be maintained in an impermeable condition.
4.
No manufacturing area, processing area, transfer area, dike
storage area, or other storage area, or secondary containment/diversion
system appurtenant thereto shall drain into a watercourse, or into
a ditch, sewer, pipe or storm drain that leads directly or indirectly
into a surface or subsurface disposal area, unless provision has been
made to intercept and treat any spilled hazardous substances in an
NJDEP-approved industrial wastewater treatment or pretreatment facility,
or other NJDEP-approved facility. Exceptions to this provision shall
be for retail gasoline, diesel fuel and residential home heating oil
dispensing wherein the procedures are in conformance with NJDEP standards
and contain stormwater runoff controls in conformance with NJDEP requirements.
5.
Catchment basins, lagoons and other containment areas that may
contain hazardous substances should not be located in a manner that
would subject them to flooding by natural waterways.
6.
Stormwater shall be managed so as to prevent contamination of
groundwater, and so as to be in accordance with applicable laws and
regulations of the State of New Jersey, and of the Borough of Keyport.
k.
Operations and contingency plan.
1.
Any applicant proposing any change in land use or activity that
involves any PPS, as defined herein that would be located either wholly
or partially within any WHPA shall submit an operations and contingency
plan to the administrative authority. This operations and contingency
plan shall inform the administrative authority about the following
aspects of the proposal:
(a)
Types of PPS proposed for the site;
(b)
Types and quantities of hazardous substances or hazardous wastes
that may be used or stored on site;
(c)
Means to be employed to contain or restrict the spillage or
migration of hazardous substances or hazardous wastes from the site
into groundwater;
(d)
Means to be used to contain or remediate accidental spillage
of such materials;
(e)
Means to notify the administrative authority about any accidental
spillage of such materials;
(f)
Demonstration that the proposed use and/or activity would employ,
to the maximum extent possible, best management practices as set forth
in this chapter, to protect groundwater quality in the WHPA and minimize
the risk of potential groundwater contamination.
2.
The administrative authority shall review and shall approve
or reject any operations and contingency plan prior to approving or
denying the application for a land use change or activity.
3.
Any operations and contingency plan submitted shall be available
for public review and comment.
[Ord. No. 13-90; Ord. No 22-03; Ord. No.
4-05; Ord. No. 1-07; amended 12-18-2018 by Ord. No.
28-18]
The Zoning Schedule is included as an attachment to this chapter.
[Ord. No. 13-90;Ord. No. 3-03;Ord. No.
10-09]
Signs may be erected and maintained only when in compliance
with the following provisions.
b.
Signs in residential districts. The following types of nonadvertising
and nonflashing signs are permitted in all residential districts as
follows:
1.
Nameplates and identification signs.
(a)
Signs indicating the name or address of the occupant, or a permitted home occupation, provided that they shall not be larger than one square foot in area excepting that those engaged in a recognized profession as defined in § 25-1-3, a self-illuminating, nonflashing sign not to exceed two square feet shall be permitted. Only one such sign per dwelling unit shall be permitted except in the case of corner lots where two such signs (one facing each street) shall be permitted for each dwelling unit.
(b)
For multiple dwelling structures, a single identification sign
not exceeding six square feet in area shall be permitted.
2.
Sales or rental signs. Signs advertising the sale or rental of the
premises upon which they are located may be permitted provided:
3.
Institutional signs. Signs of schools, churches, hospitals, sanitoriums,
or other institutions of a similar public or semipublic nature may
be erected subject to the following:
4.
Development signs. Signs advertising the sale or development of the
premises upon which they are erected, when erected in connection with
the development of the premises by a builder, contractor, developer,
or other persons interested in such sale or development may be erected
and maintained, provided:
(a)
The size of any sign is not in excess of 10 square feet; and
(b)
Not more than one sign is placed upon any property, unless such
property fronts upon more than one street, in which event one such
sign may be erected on each frontage;
(c)
Any such sign shall be removed by the developer within 30 days
of the final sale of the property.
6.
Private driveways. Signs indicating the private nature of a driveway,
or trespassing signs, provided that the size of any such sign shall
not exceed two square feet.
7.
Garage sale and/or yard sale signs located on the premises only,
not to exceed two square feet, and containing the date of sale, which
sign may be posted five days prior to the sale and which shall be
removed within 24 hours following the conclusion of the sale.
8.
Temporary or permanent signs posted by municipal, county or state
governmental agencies, pursuant to statute or ordinance.
9.
Temporary or permanent traffic signs and signals installed by the
Borough, county or state for the purpose of directing and regulating
the flow of traffic, parking or to identify parking areas, loading
zones, entrances and exits and directions to public transportation.
10.
Signs indicating public transportation stops when installed by the
Borough or public transportation utility.
11.
Flags, signs or emblems of religious, educational, civic or governmental
organizations or signs calculated to promote neighborhood safety or
awareness may be displayed on the property or flown from supports
on buildings located on such property within residential districts.
12.
Temporary signs and posts for advertising public functions or fund-raising
events for charitable, religious, educational or civic organizations
or groups shall be permitted for a period of 30 days prior and during
the event and shall be removed within five days after the event. The
sign shall be nonilluminated, not larger than 12 square feet in area,
not exceeding eight feet in height and may be erected flat against
the building or freestanding.
13.
Projection of sign. No portion of any sign in any residential district,
except signs installed by various municipal, county or state governments
or agencies thereof, shall project beyond the property line, or shall
be suspended over a public right-of-way.
c.
Signs in commercial and industrial districts. Business and advertising
signs are permitted in commercial and manufacturing districts in accordance
with the following regulations:
1.
No flashing signs, billboards or banners shall be permitted in any
commercial or industrial district.
2.
No business or advertising sign shall project into the right-of-way
of any street.
3.
The height of all signs shall be regulated as follows:
(a)
Maximum height. The top of any sign attached on a principal
structure shall not project higher than the height of the principal
structure.
(b)
Minimum clearance. No hanging or suspended sign shall be erected
or maintained less than 15 feet above grade.
(c)
No use shall have a sign of more than 100 square feet or 10%,
whichever the lesser, of the total area of a building wall or portion
thereof occupied by the use.
(d)
No freestanding sign shall exceed 25 feet in height or the height
of the principal building, whichever the lesser.
d.
General regulations. The following regulations shall apply to all
permitted sign and billboard uses.
[Amended 11-20-2018 by Ord. No. 24-18]
1.
Signs, other than an official traffic sign, shall not be erected
within the right-of-way of any street.
2.
A permit shall not be required for the erection, alteration, or maintenance
of any signs permitted in a residential district.
3.
A permit shall be required for the erection, alteration or reconstruction
of any advertising sign.
4.
All temporary signs erected for a special event shall be removed
by the property owner when the circumstances leading to their erection
no longer apply. No permit is required for such temporary signs.
5.
Political signs shall not be permitted on public property, which
shall include all publicly owned property, right-of-way and everything
affixed thereto or thereover. Political signs shall not be placed
on private property without the permission of the owner or occupant
thereof.
(a)
"Political sign" is defined as any sign or banner that displays
or advocates for or against any person who is a candidate who will
or who has appeared on the election ballot in any election or sign
or banner for or against any issue related to any election.
(b)
"Candidate" is defined as any individual(s) seeking election
to any public or party office of the United States, the State of New
Jersey or of a county, municipality, or school district thereof.
(c)
Presumption created; responsibility for observance. There is
hereby created a presumption that any political sign was constructed
or installed at the request or direction of the person whose candidacy
such sign advertises or publicizes and such person shall be responsible
for observance of this section. The candidate identified in the political
sign shall have 48 hours to remove the sign after being notified to
do so by the Borough.
(d)
Violations and penalties. Any person(s), candidate as outlined in Subsection d5(c) above, entity, form or corporation or other group or person that is found guilty of violating any part of the provisions of this section shall be subject to any penalty set forth in § 1-5 of the Code of the Borough of Keyport. Each incident shall count as a separate violation.
[Ord. No. 13-90;Ord. No. 16-08]
a.
Requirements. In all districts, in connection with every manufacturing,
business, institutional, recreational, residential or any other use,
there shall be provided, at the time any building or structure is
erected, except in the GC district, off-street parking spaces in accordance
with the requirements set forth herein.
1.
Number of parking spaces required. The number of off-street parking
spaces required shall be as set forth in Table I below in accordance
with the definition of "floor area."
In the case of any building, structure or premises which is
not specifically mentioned herein, the Board of Adjustment shall determine
the amount of off-street parking required.
2.
Size. Each off-street parking space shall have a minimum area of
180 square feet (nine feet by 20 feet) exclusive of access drives
and aisles and shall be of usable shape and condition. Except in the
case of dwellings, no parking and area provided hereunder shall be
required for fewer than four spaces.
3.
Access. There shall be adequate provision for ingress and egress
to all parking spaces. Access drives or driveways shall be no less
than 15 feet for ingress or egress and 24 feet wide for both ingress
and egress. Except for single-family dwellings, an access drive shall
not be closer than 50 feet to any street intersection.
4.
Location. All permitted and required accessory off-street parking
and loading spaces, open or enclosed, shall be located on or immediately
adjacent to the same zone lot as the use to which such spaces are
accessory, except that such space may be provided within a radius
of 300 feet from the lot boundary, and provided further that these
spaces are provided off the site in accordance with Tables 1 and 2
below. Such spaces shall be in the same ownership as the use to which
they are accessory and shall be subject to deed restrictions filed
with the Registrar of Monmouth County, binding the owner and his heirs
and all successors to maintain the number of spaces available throughout
the life of such use.
5.
Screening and landscaping. Off-street parking and loading areas for four or more vehicles shall be effectively screened by a fence or hedge as provided in § 25-1-14.6 on the side or sides adjoining or abutting an R District.
6.
Minimum distances and setbacks. Off-street parking and loading facilities
for four or more spaces shall not be closer than five feet to any
R-zoned lot or any street right-of-way line.
7.
Surfacing. Any off-street parking or loading area for four or more
spaces should be surfaced with an asphaltic or Portland cement pavement
or similar durable and dustless surface. All areas should be marked
so as to provide for the orderly and safe loading, parking and storage
of self-propelled vehicles.
8.
Lighting. All lighting used to illuminate any off-street parking
or loading area shall be so arranged as to reflect the light away
from adjoining residential premises.
9.
Drainage. Any off-street parking and loading area shall be graded
and drained so as to dispose of all surface water without detriment
to surrounding uses.
b.
Parking for churches, synagogues, and other houses of worship. The
number of required off-street parking spaces may be eliminated or
reduced if there exists within 500 feet of the church, synagogue or
other house of worship, public or private parking lots containing
a sufficient number of off-street parking spaces to satisfy the requirements
of Table 1 below. The church, synagogue or other house of worship
must provide the difference if the number of parking spaces in the
private or public lots is below the number required by Table 1 below.
Any spaces provided in public or private lots shall be shown to be
available for worshippers on the day or days of greatest use.
c.
Off-street loading. In a district, in connection with every building,
group or part thereof hereafter erected, which is to be occupied by
industrial or commercial uses or distribution by vehicles of material
or merchandise there shall be provided and maintained on the same
lot with such building off-street loading berths in accordance with
requirements of Table 2 below.
Each loading space shall not be less than 10 feet in width,
35 feet in length, and have a minimum clearance of 14 feet, may occupy
all or any part of any required yard, except the front yard. No off-street
loading spaces shall be permitted where the truck or trailer shall
extend upon the street right-of-way.
d.
Joint facilities for parking or loading. Off-street parking and loading
facilities for separate uses may be provided jointly if the total
number of spaces so provided is not less than the sum of the separate
requirements for each use and provided that all regulations governing
the location of accessory spaces in relation to the use served are
adhered to. Further, no accessory space or portion thereof shall serve
as a required space for more than one use unless otherwise approved
by the Board of Adjustment in accordance with the purpose and procedures
set forth herein.
e.
Parking areas and garages.
1.
Location of exits and entrances. Commercial parking areas of garages
for 25 or more motor vehicles shall not have an entrance exit for
vehicles within 100 feet along the same side of a street on which
is located a school, public playground, church, hospital, public library
or institution for dependents or for children except where such property
is in another block or on another street on which the zone lot does
not abut. Such access shall not be closer to the intersection of any
two streets than 50 feet.
2.
Work area. In an establishment where motor vehicles are serviced
or repaired, all repair operations shall be conducted within a building.
f.
Overnight parking. No commercial vehicle shall be parked out of doors
overnight in any residential zone except as hereinafter set forth:
1.
Not more than one vehicle of not more than three-quarter-ton manufacturer's
rated capacity may be garaged on each lot in a residential zone.
2.
If garage space is not available, the commercial vehicle shall be
parked in a driveway or parking area not nearer than 20 feet of the
front property line.
3.
No tractor trailer of more than 18 feet shall be parked between a
house and sidewalk, except where the driveway passes in front of the
house.
g.
Parking deficiency. If off-street parking requirements are not met
as provided in this chapter of the Code of the Borough of Keyport,
the developer must:
1.
Obtain approval of a parking space variance subject to the provisions
of the applicable land use regulation and in the event a variance
is granted:
2.
Contribute to the Borough in an amount in accordance with the "Parking
Deficiency Schedule."
3.
Said contribution will be due at the time each certificate of occupancy
is issued.
|
Parking Deficiency Schedule
| |
|---|---|
|
Deficiency
|
Cost Per Space
|
|
1 to 5
|
$1,000
|
|
6 to 10
|
$1,500
|
|
11 to 15
|
$2,000
|
|
16 to 20
|
$2,500
|
|
21 and above
|
$3,000
|
|
Example: A 22-space deficiency requires $5,000 for spaces 1
through 5, plus $7,500 for spaces 6 through 10, plus $10,000 for spaces
11 through 15, plus $12,500 for spaces 16 through 20, plus $6,000
for spaces 21 through 22, for a total of contribution of $41,000.
|
h.
Off-street
parking and loading requirements.
|
Table 1
| ||
|---|---|---|
|
Off-Street Parking and Loading Requirements
| ||
|
Uses
|
Minimum Required Off-Street Parking Spaces
| |
|
1.
|
Bowling alleys
|
5 parking spaces for each alley
|
|
2.
|
Churches, synagogues, and houses of worship
|
1 permanent space for each 4 permanent seats.
When individual seats are not provided, each 20 inches of benches
shall be considered 1 seat
|
|
3.
|
Community buildings, country clubs, social halls, lodges, fraternal
organizations and similar uses
|
1 for each 200 square feet of floor area occupied by all principal
and accessory structures
|
|
4.
|
Doctors and dentists
|
4 spaces per doctor, plus 1 space for each employee
|
|
5.
|
Motels
|
1 per unit, plus 1 per employee
|
|
6.
|
Funeral homes and mortuaries
|
15 parking spaces for visitors
|
|
7.
|
Hospital, nursing and convalescing homes
|
1 for each 3 beds
|
|
8.
|
Hotels
|
1 per unit, plus 1 per employee
|
|
9.
|
Manufacturing, industrial and general commercial uses not otherwise
specified herein
|
1 for each 1,000 square feet of floor area, plus 1 for each
2 employees in the maximum working shift
|
|
10.
|
Offices
|
1 space for every 400 feet of rentable floor area
|
|
11.
|
Restaurants, bars and nightclubs
|
1 for each 4 seats or 1 space per 75 square feet of floor area
open to the public, whichever the greater
|
|
12.
|
Retail stores, store groups, shops, etc.
|
1 for each 300 square feet of floor area where the floor area
shall exceed 1,000 square feet
|
|
13.
|
Wholesale establishments or warehouses
|
1 for each 2 employees in maximum shift; the total parking area
shall not be less than 25% of the building floor area
|
i.
Minimum
required off-street loading berths.
|
Table 2
| ||
|---|---|---|
|
Minimum Required Off-Street Loading Berths
| ||
|
Use
|
Square Feet of Total Floor Area
|
Number of Berths
|
|
Offices; motels
|
From 10,000 – 25,000
|
1
|
|
Retail, commercial
|
From 25,000 – 40,000
|
2
|
|
Wholesale, manufacturing
|
From 40,000 – 60,000
|
3
|
|
Storage and miscellaneous uses
|
From 60,000 – 100,000
|
4
|
|
For each additional 50,000 or fraction thereof
|
1 additional
| |
Planning Board may waive any portion of the off-street
loading space based upon demonstrating that such is not required for
the specific use or uses.
[Ord. No. 13-90]
The following regulations shall control nonconforming uses in
existence on December 28, 1964:
Any use of land or buildings on December 28, 1964, which use
does not conform to the requirements of this chapter but which is
not prohibited by any other law or ordinance, including this chapter,
in effect prior to, December 28, 1964, may be continued. Any use of
lands or buildings as of December 28, 1964, which is prohibited by
this chapter and was prohibited by any other ordinance of the Borough
shall be a violation of this chapter and shall not be a permitted
nonconforming use.
Any building which has been damaged by fire or other causes
to the extent or in excess of 70% of its assessed valuation or more
than 50% of its volume, whichever damage shall be greater, or, if
as the result of such destruction, the use of the structure is entirely
discontinued for a period of more than six months, then the building
and land on which the building was located or maintained shall be
subject to all the regulations specified by this chapter for the district
in which such land or building are located.
No nonconforming structure in existence on December 28, 1964,
shall be extended, added to or altered unless such alterations or
additions are in conformity with the provisions of this chapter. The
provisions in this section shall not be construed to allow extension
of any nonconforming structure or of any nonconforming use of land
or structure into any front yard or side or rear yards or other reserved
open spaces provided for in this chapter.
Nonconforming business structures existing in Residence Zones
on December 28, 1964, and which are not in violation of any ordinance
in effect at that time, may be used for any business allowed in the
General Commercial Zone, but may not be extended or added to.
A nonconforming use abandoned for a period of two years may
not be re-established.
[Ord. No. 13-90; Ord. No. 6-10; amended 11-20-2018 by Ord. No. 25-18]
a.
No person/applicant shall erect, construct or structurally alter
any building unless a zoning office permit has been issued and obtained
from the Zoning Officer (the administrative officer, pursuant to the
Municipal Land Use Law, N.J.S.A. 40:55D-1) who shall be appointed
by and serve at the pleasure of the Mayor and Council.
Any person/applicant who seeks to erect, construct or structurally
alter any building shall deposit an escrow with the Zoning Office
in an amount not to exceed $500. Such amount shall be used to pay
any professionals for their review of such person's/applicant's application
to erect, construct or structurally alter any building. Such escrow
shall continue to be the property of the person/applicant and not
the Borough. Depending on the complexity of the application, if any
funds remain after the completion of review, such funds shall be returned
to the person/applicant. Such escrow shall be in addition to any required
Borough subcode fees. This subsection shall only be applicable to
applications to the Zoning Office that are not subject to review by
the Borough Unified Planning Board.
b.
Prior to the commencement of any on-site construction, there shall
be executed and delivered to the Mayor and Borough Council a developer's
agreement between the applicant and the Borough of Keyport incorporating
all of the terms and conditions of final approval, except that such
developer's agreement shall not be required for the following:
1.
Minor subdivisions and minor site plans; or
2.
Major subdivisions and/or major site plans for which the value of
site improvements as determined by an engineer's estimate (as approved
by the Borough Engineer) does not exceed $100,000; or
3.
Major subdivisions in which no public improvements are required.
c.
The Borough Unified Planning Board shall have the right to specifically
require a developer's agreement notwithstanding the exceptions set
forth in Subsections b.1., b.2., or b.3. herein above.
d.
The developer's agreement shall be drawn by the Borough Attorney and shall be executed by the applicant. Legal fees incurred by the Borough associated with the preparation and negotiation of the developer's agreement shall be paid by the applicant in accordance with the fees established in Subsection a. herein above.
e.
The developer's agreement shall be recorded against the affected properties by the Borough Attorney. Legal fees and recording fees incurred by the Borough associated with the recording of the developer's agreement shall be paid by the applicant in accordance with the fees established in Subsection a.
[Ord. No. 13-90; amended 3-20-2018 by Ord. No. 7-18]
a.
The provisions of this chapter shall be enforced by the Zoning Officer.
Appeals from the decision of the Zoning Officer may be made to the
Unified Planning Board of the Borough of Keyport.
b.
Before filing of final subdivision plats or recording of minor subdivision
deeds or as a condition of final site plan approval or as a condition
to the issuance of a zoning permit, the Borough may require and shall
accept in accordance with the standards adopted by this section, and
regulations adopted pursuant to N.J.S.A.40:55D-53a for the purpose
of ensuring the installation and maintenance of certain on-tract improvements,
the furnishing of a performance guarantee, and provision for a maintenance
guarantee in accordance with Subsection b.1. and b.2. For any successor
developer, as a condition to the approval of a permit update under
the State Uniform Construction Code, for the purpose of updating the
name and address of the owner of property on a construction permit,
the Borough Council shall accept in accordance with the standards
adopted by this section for the purpose of ensuring the installation
and maintenance of certain on-tract improvements, the furnishing of
a performance guarantee, and provision for a maintenance guarantee,
in accordance with Subsection b.1. and b.2.
1.
Performance guarantee.
(a)
The developer shall furnish a performance guarantee in favor
of the Borough in an amount not to exceed 120% of the cost of installation
of only those improvements required by an approval or developer's
agreement, ordinance, or regulation to be dedicated to a public entity,
and that have not yet been installed, which cost shall be determined
by the Borough Engineer, according to the method of calculation set
forth in N.J.S.A. 40:55D-53.4, for the following improvements as shown
on the approved plans or plat: streets, pavement, gutters, curbs,
sidewalks, street lighting, street trees, surveyor's monuments, as
shown on the final map and required by the Map Filing Law (N.J.S.A.
46:26B-1 through N.J.S.A. 46:26B-8), water mains, sanitary sewers,
community septic systems, drainage structures, public improvements
of open space, and any grading necessitated by the preceding improvements.
The Borough Engineer shall prepare an itemized cost estimate of the
improvements covered by the performance guarantee, which itemized
cost estimate shall be appended to each performance guarantee posted
by the obligor.
(b)
The Borough may also require a performance guarantee to include,
within an approved phase or section of a development privately owned
perimeter buffer landscaping, as required by local ordinance or imposed
as a condition of approval. At the developer's option, a separate
performance guarantee may be posted for the privately owned perimeter
buffer landscaping.
(c)
In the event that the developer shall seek a temporary certificate
of occupancy for a development, unit, lot, building, or phase of development,
as a condition of the issuance thereof, the developer shall furnish
a separate guarantee, referred to herein as a "temporary certificate
of occupancy guarantee," in favor of the Borough in an amount equal
to 120% of the cost of installation of only those improvements or
items which remain to be completed or installed under the terms of
the temporary certificate of occupancy and which are required to be
installed or completed as a condition precedent to the issuance of
the permanent certificate of occupancy for the development, unit,
lot, building or phase of development and which are not covered by
an existing performance guarantee. Upon posting of a "temporary certificate
of occupancy guarantee," all sums remaining under a performance guarantee,
required pursuant to Subsection b.1(a), which relate to the development,
unit, lot, building, or phase of development for which the temporary
certificate of occupancy is sought, shall be released.
The scope and amount of the "temporary certificate of occupancy
guarantee" shall be determined by the Borough Engineer. At no time
may the Borough hold more than one guarantee or bond of any type with
respect to the same line item. The temporary certificate of occupancy
guarantee shall be released by the Borough Engineer upon the issuance
of a permanent certificate of occupancy with regard to the development,
unit, lot, building, or phase as to which the temporary certificate
of occupancy relates.
(d)
A developer shall furnish to the Borough a "safety and stabilization
guarantee" in favor of the Borough. At the developer's option, a "safety
and stabilization guarantee" may be furnished either as a separate
guarantee or as a line item of the performance guarantee. A "safety
and stabilization guarantee" shall be available to the Borough solely
for the purpose of returning property that has been disturbed to a
safe and stable condition or otherwise implementing measures to protect
the public from access to an unsafe or unstable condition, only in
the circumstance that:
(1)
Site disturbance has commenced and, thereafter, all work on
the development has ceased for a period of at least 60 consecutive
days following such commencement for reasons other than force majeure;
and
(2)
Work has not recommenced within 30 days following the provision
of written notice by the Borough to the developer of the Borough's
intent to claim payment under the guarantee. The Borough shall not
provide notice of its intent to claim payment under a "safety and
stabilization guarantee" until a period of at least 60 days has elapsed,
during which all work on the development has ceased for reasons other
than force majeure. The Borough shall provide written notice to a
developer by certified mail or other form of delivery providing evidence
of receipt.
(i)
The amount of a "safety and stabilization guarantee"
for a development with bonded improvements in an amount not exceeding
$100,000 shall be $5,000.
(ii)
The amount of a "safety and stabilization guarantee"
for a development with bonded improvements exceeding $100,000 shall
be calculated as a percentage of the bonded improvement costs of the
development or phase of development as follows: $5,000 for the first
$100,000 of bonded improvement costs, plus 2 1/2% of bonded improvement
costs in excess of $100,000 up to $1,000,000, plus 1% of bonded improvement
costs in excess of $1,000,000.
(iii)
The Borough shall release a separate "safety
and stabilization guarantee" to a developer upon the developer's furnishing
of a performance guarantee which includes a line item for safety and
stabilization in the amount required under this subsection, or upon
the Borough Engineer's determination that the development of the project
site has reached a point that the improvements installed are adequate
to avoid any potential threat to public safety.
2.
Maintenance guarantee.
(a)
The developer shall post with the Borough, prior to the release
of a performance guarantee required pursuant to Subsection b.1(a),
Subsection b.1(b), or both Subsection b.1(a) and b.1(b), a maintenance
guarantee in an amount not to exceed 15% of the cost of the installation
of the improvements which are being released.
(b)
If required, the developer shall post with the Borough, upon
the inspection and issuance of final approval of the following private
site improvements by the Borough Engineer, a maintenance guarantee
in an amount not to exceed 15% of the cost of the installation of
the following private site improvements: stormwater management basins,
in-flow and water quality structures within the basins, and the out-flow
pipes and structures of the stormwater management system, if any,
which cost shall be determined by the municipal engineer according
to the method of calculation set forth in N.J.S.A. 40:55D-53.4.
(c)
The term of the maintenance guarantee shall be for a period
not to exceed two years and shall automatically expire at the end
of the established term.
3.
In the event that other governmental agencies or public utilities
automatically will own the utilities to be installed or the improvements
are covered by a performance or maintenance guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the Borough for such utilities or improvements.
c.
The time allowed for installation of the bonded improvements for
which the performance guarantee has been provided may be extended
by the Borough Council by resolution. As a condition or as part of
any such extension, the amount of any performance guarantee shall
be increased or reduced, as the case may be, to an amount not to exceed
120% of the cost of the installation, which cost shall be determined
by the Borough Engineer according to the method of calculation set
forth in N.J.S.A. 40:55D-53.4 as of the time of the passage of the
resolution.
d.
If the required bonded improvements are not completed or corrected
in accordance with the performance guarantee, the obligor and surety,
if any, shall be liable thereon to the Borough for the reasonable
cost of the improvements not completed or corrected and the Borough
may either prior to or after the receipt of the proceeds thereof complete
such improvements. Such completion or correction of improvements shall
be subject to the public bidding requirements of the Local Public
Contracts Law, N.J.S.A. 40A:11-1 et seq.
e.
Determination of completion of improvements.
1.
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the Borough Council, in writing, by certified mail addressed in care of the Borough Clerk, that the Borough Engineer prepare, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection b. of this section, a list of all uncompleted or unsatisfactory completed bonded improvements. If such a request is made, the obligor shall send a copy of the request to the Borough Engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon the Borough Engineer shall inspect all bonded improvements covered by obligor's request and shall file a detailed list and report, in writing, with the Borough Council, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
2.
The list prepared by the Borough Engineer shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed bonded improvement determined to be unsatisfactory. The report prepared by the Borough Engineer shall identify each bonded improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory bonded improvement, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection b. of this section.
f.
Release of guarantees.
1.
The Borough Council, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Borough Engineer, or reject any or all of these bonded improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection b. of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Borough Engineer. Upon adoption of the resolution by the Borough Council, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the total performance guarantee and "safety and stabilization guarantee" posted may be retained to ensure completion and acceptability of all improvements. The "safety and stabilization guarantee" shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction. For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection b. of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the Borough may retain 30% of the amount of the total performance guarantee and "safety and stabilization guarantee" to ensure completion and acceptability of bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a "temporary certificate of occupancy guarantee" has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the Borough below 30%.
2.
If the Borough Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection e. of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Borough Engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorneys' fees, may be awarded to the prevailing party. If the Borough Council fails to approve or reject the bonded improvements determined by the Borough Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Borough Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection b. of this section; and the cost of applying to the court, including reasonable attorneys' fees, may be awarded to the prevailing party.
3.
In the event that the obligor has made a cash deposit with the Borough
as part of the performance guarantee, then any partial reduction granted
in the performance guarantee pursuant to this subsection shall be
applied to the cash deposit in the same proportion as the original
cash deposit bears to the full amount of the performance guarantee,
provided that if the developer has furnished a "safety and stabilization
guarantee," the Borough may retain cash equal to the amount of the
remaining "safety and stabilization guarantee."
g.
If any portion of the required bonded improvements is rejected, the
Borough Engineer may require the obligor to complete or correct such
improvements and, upon completion or correction, the same procedure
of notification, as set forth in this section, shall be followed.
h.
Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
Borough Council or the Borough Engineer.
i.
Inspection fees.
1.
The obligor shall reimburse the Borough for reasonable inspection
fees paid to the Borough Engineer for the foregoing inspection of
improvements; which fees shall not exceed the sum of the amounts set
forth in Subsection i.1(a) and i.1(b) of this section. The Borough
may require the developer to post the inspection fees in escrow in
an amount:
(a)
Not to exceed, except for extraordinary circumstances, the greater
of $500 or 5% of the cost of bonded improvements that are subject
to a performance guarantee under Subsection b.1(a), Subsection b.1(b),
or both Subsections b.1(a) and b.1(b); and
(b)
Not to exceed 5% of the cost of private site improvements that
are not subject to a performance guarantee under Subsection b.1(a)
of this section, which cost shall be determined pursuant to N.J.S.A.
40:55D-53.4.
2.
For those developments for which the inspection fees total less than
$10,000, fees may, at the option of the developer, be paid in two
installments. The initial amount deposited in escrow by a developer
shall be 50% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Borough Engineer
for inspections, the developer shall deposit the remaining 50% of
the inspection fees.
3.
For those developments for which the inspection fees total $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited in escrow by a developer
shall be 25% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Borough Engineer
for inspection, the developer shall make additional deposits of 25%
of the inspection fees.
4.
If the Borough determines that the amount in escrow for the payment
of inspection fees, as calculated pursuant to Subsections b.1(a) and
b.1(b) of this section, is insufficient to cover the cost of additional
required inspections, the Borough may require the developer to deposit
additional funds in escrow provided that the Borough delivers to the
developer a written inspection escrow deposit request, signed by the
Borough Engineer, which informs the developer of the need for additional
inspections, details the items or undertakings that require inspection,
estimates the time required for those inspections, and estimates the
cost of performing those inspections.
j.
In the event that final approval is by stages or sections of development
pursuant to N.J.S.A. 40:55D-38(a), the provisions of this section
shall be applied by stage or section.
k.
To the extent that any of the improvements have been dedicated to the Borough on the subdivision plat or site plan, the Borough Council shall be deemed, upon the release of any performance guarantee required pursuant to Subsection b. of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the Borough Engineer.
[Ord. No. 13-90]
Any action of the Zoning Board of Adjustment or of the Mayor
and Borough Council wherein a variance pursuant to law is approved
shall be of no force and effect after the expiration of one year form
the date of granting of such application for a variance by either
the Zoning Board of Adjustment or the Mayor and Borough Council. However,
if during the one-year period a building permit shall be issued pursuant
to the granted variance, the time limitation shall be extended for
a period of one year from the date of issuance of the building permit.
Variances granted prior to December 19, 1989, shall be of no force
and effect after the expiration of one year therefrom unless during
such one-year period a building permit is issued upon such variance
as granted, in which event, the period of validity shall be extended
for one year from the date of issuance of the building permit. The
period of validity of variance as granted as herein set forth shall
not be extended or enlarged by virtue of the fact that any other ordinance
of the Borough may provide for a longer period of validity of a building
permit and the time limitations set forth herein shall prevail over
any other such ordinance. Building permits issued by virtue of the
granting of a variance shall be subject to the limitations herein
set forth and such building permits shall be of no force and effect
after the expiration of the time limitations herein set forth.
[Ord. No. 13-90]
This chapter may be amended and supplemented as circumstances
may require and the map and schedule of area, yard and building requirements
may be amended and supplemented by description and reference thereto
without republication of the entire map or detailed text of the schedule.
[Ord. No. 13-90]
a.
Whenever the requirements of this chapter conflict with the requirements
of any other lawfully adopted rules, regulations, ordinances or statutes,
the most restrictive or those imposing the highest standards shall
govern.
b.
If this chapter shall be held to be invalid, unconstitutional or
void in its entirety, then the zoning ordinances and land subdivision
ordinances which were effective immediately prior to the adoption
of this chapter shall be deemed to be the Land Use and Development
Ordinances for the Borough of Keyport. The various provisions of this
chapter are deemed to be severable and if any section, sentence, clause
or phrase is found to be invalid, unconstitutional or void, the balance
of the chapter shall remain in effect.
[Ord. No. 13-90]
This chapter shall take effect immediately upon its passage
and publication according to law and at that time all other ordinances
inconsistent herewith are hereby repealed.
[Ord. No. 13-90]
Building permits, site plan approvals and zoning variances outstanding:
Nothing in this chapter shall require any change in a building permit,
site plan or zoning variance which was approved before the enactment
of this chapter, provided that construction based on said approval
shall have been started within 90 days following the effective date
of this chapter and shall be continuously pursued to completion; otherwise,
said approval shall be void.
[Ord. No. 13-09]
a.
TEMPORARY STORAGE CONTAINER
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings indicated:
Outdoor containers commonly referred to as "pods" and/or
similar containers used for the temporary storage of home furnishing
and/or personal items on a temporary basis during a time of home repair,
construction, renovation or relocation.
b.
Permit procedure. Prior to the delivery or use of any temporary storage
container on residential property, an application must be made to
the Borough of Keyport for a permit allowing for the delivery and
use of such temporary storage container. Permits issued shall allow
for the use of such temporary storage container for a period of 90
days. Permit placard must be displayed on unit facing street view.
c.
Fees. There shall be a permit application fee of $25. An extension
may be granted for an additional 90 days for a fee of $50.
d.
Enforcement. This subsection may be enforced by the Borough of Keyport
or Keyport Police Department, Zoning Officer, Construction Code Official
or such other employee.
e.
Violations and penalties. Any person, corporation and/or entity violating
or neglecting to comply with any provision of this subsection shall
be subject to a fine of up to $2,000. Each and every day such violation
or noncompliance exists shall constitute a separate offense and an
additional fine shall be imposed.
[Ord. No. 13-09]
a.
Any person who wishes to park, stop or permit a roll-off container,
dumpster, or other container on any public street or sidewalk, or
on any private property, must first obtain a permit therefor from
the Zoning Office. The fee for said permit for each container shall
be a nonrefundable fee of $30 for the first 90 days. The roll-off
container, dumpster or other container must be removed from site at
the end of this period, unless otherwise approved by the Zoning Office,
in its sole discretion, and the payment of a new permit fee.
b.
Any person who wishes to park, stop or permit a roll-off container
to remain on a public street must first notify the appropriate police
officer in the Keyport Police Department. Such notification must take
place at least 24 hours prior to the location of the roll-off container,
dumpster or other container to enable the Police Department to inspect
the location and to make sure of the location and installation of
flashing devices on that particular container.
c.
No person shall park, leave or station a roll-off container or other
container on any public street or part thereof between the hours of
6:00 p.m. and 7:00 a.m. without installing a working flashing signal
to the roll-off container. Said flashing signal shall be visible to
the public and any vehicles traveling in either direction on the public
roadways.
d.
Violations and penalties. Any person, corporation and/or entity violating
or neglecting to comply with any provision of this subsection shall
be subject to a fine of up to $2,000. Each and every day such violation
or noncompliance exists shall constitute a separate offense and an
additional fine shall be imposed.
[Ord. No. 13-09]
Fees for zoning permits shall be determined as follows:
a.
Every application for a zoning permit shall be accompanied by a payment
made payable to the Borough of Keyport in accordance with the following
schedules.
1.
For each zoning application (includes variance, conditional use,
appeal from decision of Administrative Officer or Construction Official
or interpretation of a zoning map or ordinance) to the Zoning Officer
not accompanied by a subdivision or site plan application, the fee
shall be $25.
2.
A zoning permit fee of $15 per $1,000 of contribution costs, minimum
of $40 shall be charged for the construction or alteration of driveways,
patios, aprons, curbs, walkways, sidewalks, asphalt and concrete slabs.
3.
A zoning permit fee of $5 per $1,000 of contribution costs shall
be charged for the construction or alteration of decks, additions,
accessory structures and pools.
4.
The fee for a zoning permit to install or reconstruct a shed shall
be $50.
