[Ord. 3/87 § 1.100]
This chapter shall be known as "The Zoning Ordinance of the
Town of Guttenberg."
[Ord. 3/87 § 1.200]
No building, structure, or land shall be used or occupied, not
shall any building or structure or part thereof be constructed, erected,
moved, enlarged or structurally altered unless in conformity with
the regulations of this chapter.
The interpretation of the regulations of this chapter is intended
to be such that, whenever its requirements are in variance with any
other lawfully adopted rules, regulations, ordinances, deed restrictions
or covenants which refer particularly to the area and bulk regulations,
and which impose higher standards than those contained herein, the
most restrictive requirements shall govern.
[Ord. 3/87 § 1.300]
This chapter is designed to accomplish the following objectives:
a.
To promote, protect and facilitate the public health, safety and
general welfare, and to make provisions for adequate community facilities
and utilities;
b.
To promote orderly development;
c.
To prevent loss of life, health or property from fire, panic, floods
and other dangers;
d.
To provide adequate light and air;
e.
To prevent the overcrowding of land;
f.
To avoid undue concentration of population;
g.
To lessen congestion in the streets and to determine the proper location
and function streets;
h.
To facilitate the adequate provision of vehicle parking and loadings,
transportation systems, water, sewerage, schools, parks and other
public requirements;
i.
To regulate the intensity of the use of land;
j.
To prohibit the incompatible use of land;
k.
To attain the Municipality's developments as outlined in the Municipality's
Master Plan;
l.
To conserve, maintain and strengthen the Municipality's tax base.
[Ord. 3/87 § 2.200]
For the purpose of this chapter, the following words and phrases
shall have the meaning assigned to them: words used in the present
tense include the future; the singular member includes the plural
and the plural the singular; the word "shall" is always mandatory;
the word "building" shall include the word "structure" and any portion
thereof; the phrase "used for" includes individual, partnership, corporation,
incorporated, association or any other similar entity.
[Ord. 3/87 § 2.300;
Ord. #005-10 § I, 28-2.2; Ord. No. 32-2016; amended 7-26-2021 by Ord. No. 19-21]
As used in this section:
Shall mean a paved surface, other than a street, which provides
vehicular access from a street or private road to a lot.
Shall mean a building subordinate to and detached from the
main building on the same lot and used for purposes customarily incidental
to the main building.
Shall mean:
A use conducted on the same lot as a principal use to which
it is related, and located either within the same structure or in
an accessory structure or as an accessory use of land; except that
off-street parking need not be located on the same lot.
Clearly incidental to, and customarily found in connection with
a particular principal use, and
Either in the same ownership as such principal use or operated
and maintained on one lot with such principal use for the express
benefit of its owner, employees, customers or visitors.
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An accessory use includes:
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a. Residential accommodations for caretakers of institutions
and large commercial or industrial uses.
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b. Keeping of domestic animals, but not for sale or hire.
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c. Swimming pools whose use is restricted to the occupants of
the principal use and guests for whom no admission or membership fee
is charged.
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d. Domestic or agricultural storage customarily found in barn,
shed, tool room or similar structure.
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e. Incinerators.
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f. In connection with permitted commercial or manufacturing
uses, the storage of goods normally carried in stock, used in, or
produced by such uses, unless the storage is expressly prohibited
under the applicable district regulations. The floor area used for
such accessory storage shall be included in the maximum floor area
permitted for the specified use.
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g. The removal for sale or otherwise of loam, clay, sand, gravel,
or stone in connection with the construction of a building or other
structure on the same lot, but in no case to a point below the legal
street grade.
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h. Accessory off-street parking spaces, open or enclosed.
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i. Accessory off-street loading berths.
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j. Accessory signs.
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k. Accessory radio or television antennas.
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l. Home occupation.
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Shall mean the presence in the outdoor atmosphere of any
form of contaminant in such place, manner, or concentration inimical
or which may be inimical to the public health, safety or welfare or
which is, or may be injurious to human, plant or animal life, or to
property, or which unreasonably interferes with the comfortable enjoyment
of life or property.
Shall mean a minor way, which may not be legally dedicated,
used primarily for vehicular service access to the rear or side of
properties otherwise abutting on a street.
Shall mean areas subject to periodic flooding.
Shall mean any change or rearrangement in the supporting
members of an existing building, such as bearing walls, columns, beams,
guides or interior partitions, as well as any change in doors or windows,
or an enlargement to or diminution of a building or structure, whether
horizontally or vertically, or the moving of a building or structure
from one location to another.
Shall mean a change in use in any district which includes
revisions to the zoning text and/or the Official Zoning Map; and the
authority for any amendment lies solely with the municipality.
Shall mean a coin-operated machine or device which, whether
mechanical, electrical or electronic, shall be ready for play by the
insertion of a coin, and may be operated by the public for use as
a game, entertainment or amusement, the object of which is to achieve
either a high or low score, which by comparison to the score of other
players whether playing concurrently or not, demonstrates relative
skill or competence, or indicates in any other way competitive advantages
of one player or team over another, regardless of skill or competence.
It shall include devices such as pinball machines or any device which
utilizes a video tube to reproduce symbolic figures and lines intended
to be representative of real games or activities.
Shall mean a group of more than two amusement games or other
amusement machines, in the same place, location or premises.
Shall mean a coin-operated machine or device, not including
amusement games, which provide a ride, sensation, electronic reading
or weight, photograph, lamination or item of merchandise provided
at random among other items of merchandise, for use by and to the
amusement of the public.
Shall mean a building used for the treatment, housing or
boarding of small domestic animals such as dogs, cats, rabbits, and
birds or fowl by a veterinarian.
Shall mean a multifamily dwelling constructed by converting
an existing dwelling into apartments for more than two families.
Shall mean a building occupied by three or more dwelling
units.
Shall mean the total area taken on a horizontal plane at
the level of the ground surrounding the main building and all accessory
buildings, exclusive of uncovered porches, terraces and steps.
Shall mean a self-propelled, free moving vehicle, primarily
for conveyance on a street.
Shall mean an open lot, used for the outdoor display or sales
of new or used automobiles, recreation vehicles, or mobile homes,
and where minor and incidental repair work (other than body and fender)
may be done.
Shall mean a building on a lot that is used for the repair
or painting of bodies, chassis, wheels, fenders, bumpers, and/or accessories
of automobiles and other vehicles or conveyance.
Shall mean a building on a lot designed and/or used primarily
for mechanical and/or body repairs, storage, rental, servicing, or
supplying of gasoline or oil to automobiles, trucks, or similar motor
vehicles.
Shall mean an accessory building for the storage of one or
more automobiles and/or other vehicles accessory and incidental to
the primary use of the premises, provided that no business, occupation,
or service is conducted for profit therein nor space therein for more
than one automobile is leased to a non-occupant of the premises.
Shall mean a building on a lot or part thereof, that is used
primarily for the retail sale of gasoline, oil, other fuel, and which
may include facilities used for polishing, greasing, washing, dry-cleaning,
or otherwise cleaning or servicing automobiles and other vehicles.
Shall mean a building on a lot designed and used primarily
for the washing and polishing of automobiles, and which may provide
accessory services as set forth herein for automobile service stations.
Shall mean the dismantling or wrecking of used automobiles
or trailers, or the storage, sale or dumping of dismantled, partially
dismantled, obsolete or wrecked vehicles or their parts.
Shall mean a story whose floor is more than 12 inches, but
not more than half of its story height, below the average level of
the adjoining ground (as distinguished from a cellar which is a story
more than one-half below such level). Any portion of a basement, when
used as a dwelling shall be counted as a story for purposes of height
measurement.
Shall mean:
A sign indicating a business other than one conducted on the
premises on which said sign is located, and
Upon which matter of any character is printed, posted, or lettered
by any means, for the purpose of advertising.
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A billboard may be either freestanding or attached to a surface
of a building or other structure.
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Shall mean a tract of land bounded by any combination of
the following:
Shall mean a building, where for compensation, provisions
are made for lodging and meals for at least three persons and shall
also include dormitories whether or not such include cooking facilities.
Shall mean any structure permanently affixed to the land
having a roof supported by columns or walls used for shelter or enclosures.
When divided into separate parts by one or more unpierced walls extending
from the ground up, each part is deemed a separate building, except
as regards minimum side yard requirements.
Shall mean a line parallel to the front, side, or rear lot
line set so as to provide the required yard.
Shall mean a building which contains the principal use of
the building site on which it is situated. In a residential district,
a dwelling is a principal building on the zone lot.
Shall mean the term used to describe the size of buildings
or other structures and their relationship to one another to open
areas such as yards, and to lot lines. The term bulk, therefore, includes:
Means all parts of the plant Cannabis sativa L., whether
growing or not, the seeds thereof, and every compound, manufacture,
salt, derivative, mixture, or preparation of the plant or its seeds,
except those containing resin extracted from the plant, which are
cultivated and, when applicable, manufactured in accordance with P.L.
2021, c. 16 (C. 24:6I-31 et al.) for use in cannabis products as set
forth in this act, but shall not include the weight of any other ingredient
combined with cannabis to prepare topical or oral administrations,
food, drink, or other product. "Cannabis" does not include: medical
cannabis dispensed to registered qualifying patients pursuant to the
"Jake Honig Compassionate Use Medical Cannabis Act," P.L. 2009, c.
307 (C. 24:6I-1 et al.) and P.L. 2015, c. 158 (C. 18A:40-12.22 et
al.); marijuana as defined in N.J.S.2C:35-2 and applied to any offense
set forth in chapters 35, 35A, and 36 of Title 2C of the New Jersey
Statutes, or P.L. 2001, c. 114 (C. 2C:35B-1 et seq.), or marihuana
as defined in section 2 of P.L. 1970, c. 226 (C. 24:21-2) and applied
to any offense set forth in the "New Jersey Controlled Dangerous Substances
Act," P.L. 1970, c. 226 (C. 24:21-1 et al.); or hemp or a hemp product
cultivated, handled, processed, transported, or sold pursuant to the
"New Jersey Hemp Farming Act," P.L. 2019, c. 238 (C. 4:28-6 et al.).
Means any licensed person or entity that grows, cultivates,
or produces cannabis in this State, and sells, and may transport,
this cannabis to other cannabis cultivators, or usable cannabis to
cannabis manufacturers, cannabis wholesalers, or cannabis retailers,
but not to consumers.
Means any licensed person or entity that provides courier
services for consumer purchases of cannabis items and related supplies
fulfilled by a cannabis retailer in order to make deliveries of the
cannabis items and related supplies to that consumer, and which services
include the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
Means any licensed person or entity that transports cannabis
in bulk intrastate from one licensed cannabis cultivator to another
licensed cannabis cultivator, or transports cannabis items in bulk
intrastate from any one class of licensed cannabis establishment to
another class of licensed cannabis establishment, and may engage in
the temporary storage of cannabis or cannabis items as necessary to
carry out transportation activities.
Means a cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
Means any licensed person or entity that processes cannabis
items in this State by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
Means any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer.
Means any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
Shall mean an accessory building open on three sides which
is attached to the main building and primarily designed or used for
parking automobiles.
Shall mean a story partly underground and having more than
one-half of its clear height below the average level of the adjoining
ground. A cellar shall not be considered in determining the required
number of stories.
Shall mean any organization catering exclusively to members
and their guests, or premises and buildings for recreational or athletic
purposes, which are not conducted primarily for gain, provided there
are no vending stands, merchandising or commercial activities except
as required for the membership and purposes of such club.
Shall mean a recreation facility operated for profit available
to the general public upon payment of an entrance or use fee. Such
facility shall include bowling alleys, billiard halls, amusement arcades,
miniature golf courses, mechanical rides and other similar activities.
Shall mean a use permitted in a particular zoning district
only upon a showing that such use in a specified location will comply
with the conditions and standards for the location or operation of
such use as contained in this chapter and upon the issuance of an
authorization thereof by the Planning Board.
Shall mean an ownership arrangement, not a land use; therefore,
it is allowed in any district and under the same restrictions as the
residential land uses that it comprises. A condominium shall not negate
lot nor other requirements intended to provide adequate light, air,
and privacy.
A condominium is a dwelling unit which has all of the following
characteristics:
The unit (the interior and associated exterior areas designated
for private use in the development plan) is owned by the occupant.
The unit may be any permitted dwelling type.
All or a portion of the exterior open space and any community
interior spaces are owned and maintained in accordance with the provisions
for open space, roads, or other development features as specified
in this ordinance.
Shall mean any site preparation, assembly, erection, substantial
repair, alteration, or similar action, but excluding demolition, for
or of public or private rights-of-way, structures, utilities or similar
property.
Shall mean the changing of use or occupancy of a dwelling
by alteration or by other reorganization so as to increase the number
of families or dwelling units in a structure.
Shall mean any unoccupied open space, other than a yard,
on the same lot with a building, which is bounded on two or more sides
by the walls of such building.
Shall mean a court which does not extend to a street, alley,
yard or outer court.
Shall mean a court which extends to a street, alley, yard
or other outer court.
Shall mean the percentage of the plot or lot area covered
by the area of all buildings and structures thereon.
Shall mean the officially established grade of the curb in
front of the mid-point of the lot.
Shall mean a commercial establishment for the manufacture
or processing of dairy products.
Shall mean any dismantling, intentional destruction or removal
of structures, utilities, public or private right-of-way surfaces,
or similar property.
Shall mean a measure of the number of dwelling units per
acre of area. It shall be expressed in dwelling units per acre.
Density, gross. This is the maximum density that may be permitted
in any zoning district. It is calculated by dividing the total number
of dwelling units by the base site area. This density is illustrative
only, net density is controlling.
Density, net. This is the maximum density permitted on the buildable
portion of the site. All tracts of land within a district may be developed
to the same net density. Net density is calculated by dividing the
total number of dwelling units by the new buildable site area. This
density controls actual site capacity.
Shall mean one which has yards on all four sides.
Shall mean a portion of the territory of the municipality
within which certain uniform regulations and requirements apply under
the provisions of this chapter.
Shall mean any retail commercial use providing considerable
off-street parking and catering primarily to vehicular trade such
as drive-in restaurants, drive-in theaters and similar uses.
Shall mean a lot or land or part thereof used primarily for
the disposal by abandonment, dumping, burial, burning, or any other
means and for whatever purposes of garbage, sewage, trash, refuse,
junk, discarded machinery, vehicles, or parts thereof or waste material
of any kind but not including approved sanitary land fill disposal.
Shall mean a two-family unit consisting of a family unit
on the first level and a family unit on the second level.
Shall mean any structure containing one or more rooms providing
sleeping and sanitary facilities, not including a motel, hospital,
nursing home, dormitory, fraternity or sorority house, rooming house,
boarding house or similar structure.
Shall mean one or more rooms for living purposes, together
with separate cooking and sanitary facilities used or intended to
be used by one or more persons living together and maintaining a common
household, and accessible from the outdoors either directly or through
an entrance hall shared with other dwelling units.
Shall mean a group of two or more one-family, two-family
or multiple dwellings occupying a lot in one ownership and having
any yard in common.
Shall mean a dwelling used by one family, and having two
party walls in common with other buildings (such as row houses or
townhouses).
Shall mean a dwelling other than a mobile home used by one
family, having only one dwelling unit and having two side yards.
Shall mean a dwelling used by one family, having one side
yard, and one party wall in common with another building. References
to single family semidetached dwellings shall include two-family detached
dwellings.
Shall mean a dwelling used by two families, with one dwelling
unit arranged over the other and having two side yards.
Shall mean a dwelling used by two families, with one dwelling
unit arranged over the other, having one side yard, and one party
wall in common with another building.
Shall mean electric public utilities transmission distribution
facilities including substations.
Shall mean any occurrence or set of circumstances involving
actual or imminent physical trauma or property damage which demands
immediate action.
Shall mean the Construction Official, License Inspector or
such other official as may be designated by the governing body to
administer and enforce the Zoning Ordinance.
Shall mean an addition to the floor area of an existing building
or an increase of a tract of land into a contiguous tract of land.
Shall mean any activity conducted for gain which is generally
related to the entertainment field, such as motion picture theaters,
bowling alleys, roller skating rinks, miniature golf, golf driving
ranges, commercial swimming pools, carnivals and related uses.
Shall mean the construction or maintenance, by public utilities,
public authorized cable television companies or governmental agencies,
of gas, solid waste, electrical, telephone, sewage or water distribution
systems. These include equipment such as poles, towers, wires, mains,
drains, sewers, pipes, conduits, cables, fire alarm boxes, police
call boxes, traffic signals, hydrants and other similar equipment
which conform to the height regulations of the district in which they
are proposed; except that buildings and electric substations are excluded.
Shall mean:
A single competent and responsible person occupying a dwelling
unit and maintaining a household, or
A household head and one or more other persons related by blood
or marriage, occupying a dwelling unit, living together and maintaining
a common household, or
Two or more but not in excess of five unrelated competent responsible
persons, at least one of whom shall be an adult occupying a dwelling
unit, living together and maintaining a common household.
Shall mean a temporary inundation of normally dry land areas.
Shall mean that portion of the flood plain outside the floodway.
Shall mean:
Shall mean the designated area of a flood plain required
to carry and discharge flood waters of a given magnitude. For the
purposes of this chapter, the floodway shall be capable of accommodating
a flood of the 100-year magnitude.
Shall mean the sum of the gross area of the several floors
of a building or buildings measured from the face of exterior walls
or from centerlines of walls separating two buildings. In particular,
floor area includes:
Basement space, except such enclosure as does not have any windows
or exterior walls.
Elevator shafts, stairwells and attic space (whether or not
a floor has been laid) providing structural headroom of eight feet
or more.
Roofed terraces, exterior balconies, breezeways or porches,
provided that over 50% of the perimeter of these is enclosed.
Any other floor space used for dwelling purposes, no matter
where located within a building.
Accessory buildings, excluding space used for accessory off-street
parking or for loading berths.
Any other floor space not specifically excluded, except space
used for air conditioning machinery or cooling towers and similar
mechanical equipment serving the building and cellar space.
Shall mean the total floor area allowable on a given lot,
divided by the area of that lot. (For example, a building containing
15,000 square feet of floor area on a given lot of 10,000 square feet
of lot area has floor area ratio of 1.5).
Shall mean the sum of the horizontal areas of all rooms used
for habitation, such as living room, kitchen, or bedroom, but not
including hallways, stairways, cellars, attics, service rooms or utility
rooms, bathrooms, closets, nor unheated areas such as enclosed porches,
nor rooms without at least one window or skylight opening onto an
outside yard or court. Such area shall have a clear height of 7 1/2
feet.
Shall mean:
Shall mean any enclosed or covered space other than a private
garage, which is used for storage, repair, rental, servicing, or supplying
of gasoline or oil to motor vehicles.
Shall mean:
Free-standing multiple dwellings, two or three stories in height,
in which not less than two and not more than four dwelling units per
floor are served by one staircase.
Shall mean any use considered to be inconsistent with the
public comfort, convenience, health, safety, and general welfare.
The following factors are included:
Shall mean the completed surfaces of lawns, walks, and roads
brought to grades as shown on official plans or designs relating thereto.
Shall mean the vertical distance measured from the average
level of finished grade along all the exterior walls of a building
to:
The highest point of the roof, in the case of a flat roof;
The mean height between eaves and ridge, in the case of a pitched
roof;
The highest point on any structure which rises wholly or partly
above the roof line, and whose area equals or exceeds 20% of the ground
floor area of the building which supports it.
Shall mean the vertical distance measured:
Shall mean a multi-story building consisting of nine to 15
stories.
Shall mean an accessory use which:
Is clearly incidental or secondary to the residential use of
the dwelling unit; or
Is customarily carried on within a dwelling unit or accessory
building by one or more occupants of such dwelling unit, except that,
in connection with the practice of the medical profession or with
other offices whose operations require supplementary secretarial,
clerical, accounting or drafting skills, one person not residing in
such dwellings may be employed.
Does not include the housing, care or education, etc., of persons
who normally would be subject to institutionalization for mental,
physical, criminal or like reasons.
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In connection with the operation of a home occupation it shall
not be permitted:
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a. To sell articles produced elsewhere than on the premises.
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b. To have exterior displays of goods visible from the outside.
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c. To store materials or products outside a principal or accessory
building or other structure.
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d. To make external alterations which are not customary in residential
buildings.
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e. To produce offensive and disturbing noise, smoke, odor or
other objectionable affects.
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Shall mean a place for the diagnosis, treatment, or other
care of humans and having facilities for inpatient care including
such establishments as a sanatorium, sanitarium, and preventorium.
Shall mean a building designed for occupancy as the temporary
residence of individuals who are lodged with or without meals. No
cooking is provided in any individual rooms or suites, but restaurants,
cocktail lounges, banquet halls, ballrooms and meeting rooms are permitted
as accessory uses.
Shall mean those that do not absorb rain. All buildings,
parking areas, driveways, roads, sidewalks, and any other areas in
concrete and asphalt shall be considered impervious surfaces within
this definition. In addition, other areas determined by the Engineer
to be impervious within the meaning of this definition will also be
classed as impervious surfaces.
Shall mean buildings or premises where junk, waste, discarded
or salvage materials are bought, sold, stored, packed, or handled,
"junk yards" include automobile wrecking yards, house wrecking, and
structural steel materials and equipment. The purpose of storage of
used furniture, household equipment, and used cars in operable condition
are not included, but the keeping or storage of two or more automobiles
not under registration or not operable will constitute a junk yard
in the sense of this chapter.
Shall mean the legal or beneficial owner or owners of land
including the holder of an option or contract to purchase (whether
or not such operation or contract is subject to any condition), a
lessee having a remaining term of not less than 40 years, or other
person having a proprietary interest in land, shall be deemed to be
a landowner for the purposes of this act.
Shall mean a business premises equipped with individual clothes
washing and/or drying machines for the use of retail customers, exclusive
of laundry facilities provided as an accessory use in an apartment
house or an apartment hotel.
Shall mean a piece or parcel of land occupied by a principal
building or a group of such buildings, or utilized for a principal
use and uses accessory or incidental to the operation thereof. It
includes open spaces as required by this chapter, and has frontage
on a public street. The lot lines are the property lines bounding
the lot.
Lot, corner shall mean a lot abutting upon the intersection
of two or more streets which form an interior angle of less than 135°.
The point of intersection of the street lot lines is the "corner."
A lot other than a corner lot is known as an "interior" lot.
Lot depth shall mean horizontal distance between the front and
the rear lot lines.
Lot lines shall mean:
Lot Line, Front. The line separating the lot from a street.
Lot Line, Rear. The lot line opposite and most distant from
the front lot line.
Lot Line, Side. Any 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 Line, Street or Alley. A lot separating the lot from a street
or alley.
Lot width. The mean width of the lot measured at right angles
to its depth.
Lot area. The computed area contained within the lot lines.
Shall mean a street or highway designated as an existing
or planned major thorough-fare.
Shall mean a major thoroughfare or part thereof, which when
open to public use, access is limited from abutting property and other
streets to locations and in the manner approved by the municipality
and/or New Jersey Department of Transportation.
Shall have the meaning given in N.J.S.A 24:6I-3.
Shall mean a multi-story building consisting of at least
four stories and no more than eight stories.
Shall mean a transportable, single-family dwelling intended
for permanent occupancy, office or place of assembly contained in
one unit, or in two units designed to be joined into one integral
until capable of again being separated for repeated towing, which
arrives at a site complete and ready for occupancy except for minor
and incidental unpacking and assembly operations, and constructed
so that it may be used without a permanent foundation.
Shall mean a parcel of land in a mobile home park, improved
with the necessary utility connections and other appurtenances necessary
for the erection thereon of a single mobile home, which is leased
by the park owner to the occupants of the mobile home erected on the
lot.
Shall mean a parcel of land that has been planned and improved
for the placement of mobile homes for nontransient use and consisting
of two or more mobile home lots. Mobile home parks may be planned
as single-family detached, single-family cluster, or performance subdivisions.
Shall mean a mobile home which is not equipped with a toilet
and/or bathtub or shower.
Shall mean a mobile home equipped with a toilet and bathtub
or shower.
Shall mean a building or a group of buildings which:
Contain living and sleeping accommodations used primarily for
transient occupancy, and in which no provisions have been made for
cooking in any individual room or suite, and
Have individual entrances from outside the building to serve
each such living or sleeping unit.
Restaurants, cocktail lounges, banquet halls, ballrooms and
waiting rooms are permitted as accessory uses.
Shall mean a building, or portion of a building, arranged,
intended or designed to be used for making repairs to motor vehicles.
Shall mean a building designed for or utilized as two or
more dwelling units, each supplied with individual cooking, sleeping
and sanitary facilities.
Shall mean any sound which annoys or disturbs humans or which
causes or tends to cause an adverse psychological or physiological
effect on humans.
Shall mean a zone lot in single ownership, adjacent on all
sides to properties in different ownership, which does not conform
with the minimum dimensions specified for the district or for the
use contained upon the lot.
Shall mean a legally established sign which does not conform
to the regulations of the district in which it is located.
Shall mean a structure or part of a structure manifestly
not designed to comply with the applicable use provisions in a zoning
ordinance or amendment heretofore or hereafter enacted, where such
structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reasons of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
Shall mean a use, whether of land or of structure, which
does not comply with the applicable use provisions in a zoning ordinance
or amendment heretofore or hereafter enacted, where such use was lawfully
in existence prior to the enactment of such ordinance or amendment
to its location by reason of annexation. No principal permitted use
or special use shall be considered nonconforming if the yards, height,
area, coverage dimensions, signs or off-street parking do not conform
with the regulations of the district in which it is located.
Shall mean a building designed and used for the full time
care of human beings and which may include housing or lodging; meals;
and nursing care.
Shall mean a building comprised of more than 50% of offices.
Shall mean a map officially adopted by ordinance of the Municipality
consisting of surveys of the exact location of the lines of existing
and proposed public streets, watercourses and public grounds, including
widenings, narrowings, extensions, diminutions, openings or closings
of same for the whole of the municipality.
Shall mean land used for recreation, agriculture, resource
protection, amenity, or buffers; is freely accessible to all residents
of the development, and is protected by the provisions of this chapter
to ensure that it remains in such uses. Open space does not include
land occupied by nonrecreational buildings, roads, or road rights
of way; nor does it include the yards or lots of single or multifamily
dwelling units or parking areas as required by the provisions of this
chapter.
Shall mean the measure of the intensity of land use. It is
arrived at by dividing total amount of open space within the site
by the base site area.
Shall mean a parcel or parcels of land on an area of water,
or a combination of land and water within a development site and designed
and intended for the use or enjoyment of residents of the planned
residential development, not including streets, off-street parking
areas, and areas set aside for public facilities.
Shall mean an advertisement used outdoors, including painted
walls, or rock face, of a product or service unrelated to the use
of the land or structure on which it is located, but not including
official notices or directional road signs of a governmental body.
Shall mean an open area for the same uses as a private garage,
and subject to the same conditions.
Shall mean an open area other than a street or other public
way used for the parking of automobiles, and available to the public.
Shall mean a lot or structure whose principal use is parking
or storing motor vehicles for specified time periods or on a rental
basis, but no parking or storing commercial or public utility vehicles,
or the dead storage of motor vehicles.
Minor repairs incidental to the parking and storing of motor
vehicles are permitted as an accessory use.
Shall mean:
Shall mean any use requiring no special action by this Board
before a zoning permit is granted by the Zoning Official, subject
to all other applicable provisions of this chapter.
Shall mean any individual, public or private corporation
for profit or not for profit, association, partnership, firm, trust,
estate, department, board, bureau or agency of the State, political
subdivision, municipality, district, authority or any other legal
entity whatsoever which is recognized by law as the subject of rights
and duties.
Shall mean any enterprise conducted for gain, which primarily
offers services to the general public such as shoe repair, valet service,
watch repairing, barber shops, beauty parlors, and related activities.
Shall mean a map, plan, or layout showing the subdivision
of land indicating the location and boundaries of individual properties.
Shall mean an area of land, controlled by a landowner, to
be developed as a single entity for a number of dwelling units, the
development plan for which does not correspond in lot size, bulk or
type of dwelling, density, lot coverage and required open space to
the regulations established in any one residential district created,
from time to time, under the provisions of this Zoning Ordinance.
Shall mean the Joint Planning Board of the Town of Guttenberg,
created pursuant to the Municipal Land Use Law, Chapter 291; N.J.S.A.
40:55D-1 et seq.
Shall mean any lot, parcel or tract of land and any building
constructed thereon.
Shall mean not publicly owned, operated or controlled.
Shall mean a right-of-way other than a street which provides
vehicular access to two or more lots but which has not been dedicated
for public use.
Shall mean the use of offices and related spaces for such
professional services as are provided by doctors, dentists, lawyers,
architects, engineers, planners, realtors and the like.
Shall mean owned, operated or controlled by a government
agency (Federal, State or local, including a corporation created by
law for the performance of certain specialized governmental functions,
and the Board of Public Education).
Shall mean and include (a) parks, playgrounds and other public
areas; and (b) sites for schools, sewage treatment, refuse disposal
and other publicly owned or operated facilities.
Shall mean any street, avenue, boulevard, highway, sidewalk
or alley or similar place which is owned or controlled by a governmental
entity.
Shall mean:
Recreation, commercial. Recreation facilities operated as a
business and open to the general public for a fee.
Recreation, private, noncommercial. Clubs or recreation facilities,
operated by a nonprofit organization.
Recreation, public. Recreation facilities operated as a nonprofit
enterprise by a governmental entity or a nonprofit organization, and
open to the general public.
Recreation facility, outdoor. Any activity normally conducted
outdoors, including swimming, tennis, baseball, football, and similar
recreational and/or athletic activities. Such activities conducted
within an enclosed building or structure shall be considered to be
outdoor recreational facilities.
Shall mean a dwelling which has more than one sleeping room
for rent to persons not related to its other occupants. The term "rooming
house" includes the term "boarding house."
Shall mean a place offering instruction in any branch of
knowledge under the supervision of the State of New Jersey or a lawfully
constituted ecclesiastical governing body, person, partnership or
corporation meeting the requirements of the State of New Jersey.
Shall mean any place designed and operated to provide regular
instruction and daytime care for two or more children under the age
of elementary school.
Shall mean a building that is:
Shall mean churches, Sunday schools, parochial schools, colleges,
hospitals, and other institutions of an educational, religious, charitable
or philanthropic nature.
Shall mean any establishment which:
In whole or in part, sells, leases, dispenses or displays photographs,
drawings, films or reproductions of any type depicting explicit or
implied sex acts; or
Exhibits or permits the exhibition of live sexual acts or implied
sexual acts; or solicits, or permits solicitation, persons and/or
animals for purposes of indulging in sexual relations or implied sexual
relations.
Shall mean any surface, fabric, device or structure (including
billboard, or poster panel) bearing lettered, pictorial or sculptured
matter designed for visual communication and used for the purpose
of bringing the subject thereof to the attention of the public, but
not including any flag, badge or insignia of any government or any
official traffic control sign or device.
Shall mean a sign which directs attention to a business,
commodity, service or entertainment which is not sold or offered upon
the same premises where the sign is located.
Shall mean a sign which directs attention to a business,
profession, commodity, service or entertainment which is sold or offered
upon the same premises where the sign is located.
Shall mean signs advertising the sale or development of the
premises upon which they are erected.
Shall mean an illuminated sign which revolves or has alternating
light or color while in use.
Shall mean the entire area within a single continuous perimeter
enclosing the extreme limits of the sign and not passing through or
between any adjacent elements of same. However, the perimeter does
not include any structural or framing elements lying outside the limits
of the sign and not forming an integral part of the display.
Shall mean signs of schools, colleges, churches, hospitals,
sanitariums or other institutions of a similar public or semipublic
nature.
Shall mean signs indicating the name or address of the occupant,
or a permitted home occupation.
Shall mean:
Shall mean signs, indicating the location and direction of
premises available for or in process of development, but not erected
upon the premises and bearing the name of the owner, developer, builder
or agent.
Shall mean a parcel or parcels of land intended to have one
or more buildings or intended to be subdivided into one or more lots.
Shall mean all land area within the site as defined in the
deed. Area shall be from an actual site survey rather than from a
deed description.
Shall mean the portion of a building included between the
surfaces of any floor and the floor above it. If there is no floor
above it, then the space between the floor and the ceiling next above
it.
Story, half. A partial story under a gable, hip, or gambrel
roof, the wall places of which on at least two opposite exterior walls
are not more than four feet above the floor of such story. Any partial
story used for residence purposes, other than for a janitor and his
family, shall be deemed a full story.
Story, first. The lowest story or the ground story 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 basement or
cellar used for residence purposes, other than for a janitor or caretaker
or his family, shall be deemed the first story.
Shall mean and include street, avenue, boulevard, road, highway,
freeway, parkway, lane, alley, viaduct and any other ways used or
intended to be used by vehicular traffic or pedestrians whether public
or private. The term "street" as defined above shall include the land
within the right-of-way lands whether improved or unimproved.
Shall mean the officially established grade of the street
upon which a lot fronts or in its absence the establishment grade
of other streets upon which the lot abuts, at the midway of the frontage
of the lot thereon. If there is no official established grade, the
existing grade of the street at such midpoint shall be taken as the
street grade.
Shall mean the dividing line between the street and lot,
also known as right-of-way line.
Shall mean any man-made object having an ascertainable stationary
location on or in land or water, whether or not affixed to the land.
Shall mean the division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale, development or lease.
Shall be removed upon occupation of premises or immediately
after work has been completed or the event advertised has taken place.
Shall mean a building or part of a building devoted to the
showing of moving pictures or theatrical productions on a commercial
basis.
Shall mean a tract of land specifically planned and equipped
to accommodate two or more residential trailers. The term includes
all buildings, structures, tents, vehicles, utilities and accessories
used for or intended as equipment for such courts.
Shall mean the specific purpose for which land or a building
is designed, arranged, intended or for which it is or may not be occupied
or maintained. The term "permitted use" or its equivalent shall not
be deemed to include any nonconforming use.
Shall mean the authorized departure from the requirements
of the chapter in accordance with the procedures set forth in this
chapter.
Shall mean an opening to the outside, other than a door,
which provides all or part of the required natural ventilation, natural
light or both to an interior space.
Shall mean a space open to the sky and unoccupied by any
building, structure or merchandise for display or sale, located on
the same lot with a building or structure.
Shall mean a yard extending the full width of the lot and
situated between the street right-of-way line and the required front
setback line projected to the side lines of the lot. The depth of
the front yard shall be measured between the required front setback
line and the street right-of-way line.
Shall mean an open, unoccupied space between the buildings
of a dwelling group or its accessory buildings, not a front, side
or rear yard.
Shall mean a yard extending the full width of the lot and
situated between the rear line of the lot and the required rear setback
line projected to the side lines of the lot. The depth of the rear
yard shall be measured between the rear line of the lot and the required
rear setback line.
Shall mean a yard situated between the required setback line
and the side line of the lot and extending from the front yard to
the rear yard. Any yard not a rear yard or a front yard shall be deemed
a side yard.
Shall mean the written authorization issued by the Zoning
Officer, for use of land or buildings or other structures.
Shall mean the map or maps containing the zoning districts
of the Town of Guttenberg, together with all amendments subsequently
adopted.
Shall mean the administrative officer, appointed by the municipality,
who shall administer and enforce the provisions of this chapter.
|
NOTE: Definitions of all other terms, i.e., terms not defined
herein, shall be as included within the latest edition of "Webster's
New Collegiate Dictionary". Any term not defined in this subsection
or not within the latest edition of "Webster's Collegiate Dictionary"
shall be as determined by the Zoning Board taken from any other appropriate
source. After the application of any such definitions, they shall
become part of this subsection and may not be changed without amending
this Zoning Chapter.
|
[Ord. 3/87 § 3.100;
Ord. #005-10 § I, 28-3.1; Ord. No. 32-2016]
The Town is hereby divided into the following districts:
|
R-1
|
Low Density Residential
|
|
R-2
|
High Density Residential
|
|
R-3
|
Waterfront Residential
|
|
R-4
|
Mid-Rise Mixed-Use
|
|
R-5
|
High-Rise Residential Use
[Ord. No. 32-2016] |
|
C
|
Commercial
|
|
P
|
Parks and Recreation
|
[Ord. 3/87 § 3.200;
Ord. #005-11; Ord. No. 32-2016 § II; Ord. No. 32-2016 § III; amended 5-24-2021 by Ord. No. 17-21]
The boundaries of the zoning districts shall be as shown upon
the Map entitled Zoning Map, Town of Guttenberg, dated April 26, 2021,
prepared by Remington & Vernick Engineers, on file with the Office
of the Town Clerk. Any change in the boundaries as delineated on the
Zoning Map shall be made on the Map promptly after any amendment to
the Zoning Ordinance has been approved by the Mayor and Council of
the Town of Guttenberg.
a.
Zoning Map Amendments pursuant to Ordinance No. 32-2016 which established
the R-5 Zone:
1.
The zoning district classifications for the following properties,
which are to the west of Boulevard East, are changed as follows:
|
Block
|
Lot
|
Current Zone
|
New Zone
|
|---|---|---|---|
|
38
|
4
|
R-4
|
R-5
|
|
38
|
6
|
R-4
|
R-5
|
|
38
|
7
|
R-4
|
R-5
|
|
38
|
8.01
|
R-4
|
R-5
|
|
38
|
8.02
|
R-4
|
R-5
|
|
39
|
4
|
R-4
|
R-5
|
|
39
|
5
|
R-4
|
R-5
|
|
39
|
6
|
R-4
|
R-5
|
|
39
|
7
|
R-4
|
R-5
|
|
39
|
8
|
R-4
|
R-5
|
|
39
|
9
|
R-4
|
R-5
|
|
39
|
10
|
R-4
|
R-5
|
|
39
|
11
|
R-4
|
R-5
|
|
39
|
12
|
R-4
|
R-5
|
|
39
|
13
|
R-4
|
R-5
|
|
39
|
14
|
R-4
|
R-5
|
|
40
|
1
|
R-4
|
R-5
|
2.
The zoning district classifications for the following properties,
which are between Kennedy Boulevard and Adams Street, are changed
as follows:[1]
|
Block
|
Lot
|
Current Zone
|
New Zone
|
|---|---|---|---|
|
1
|
1
|
R-4
|
R-5
|
|
1
|
2
|
R-4
|
R-5
|
|
1
|
3
|
R-4
|
R-5
|
|
1
|
4
|
R-4
|
R-5
|
|
1
|
5
|
R-4
|
R-5
|
|
1
|
6
|
R-4
|
R-5
|
|
1
|
7
|
R-4
|
R-5
|
|
1
|
8
|
R-4
|
R-5
|
|
1
|
9
|
R-4
|
R-5
|
|
1
|
10
|
R-4
|
R-5
|
|
1
|
11
|
R-4
|
R-5
|
|
1
|
12.01
|
R-4
|
R-5
|
|
1
|
12.02
|
R-4
|
R-5
|
|
1
|
12.03
|
R-4
|
R-5
|
|
1
|
13
|
R-4
|
R-5
|
|
1
|
14
|
R-4
|
R-5
|
|
1
|
15
|
R-4
|
R-5
|
|
1
|
16
|
R-4
|
R-5
|
|
1
|
17
|
R-4
|
R-5
|
|
1
|
18
|
R-4
|
R-5
|
|
1
|
19
|
R-4
|
R-5
|
|
1
|
20
|
R-4
|
R-5
|
|
1
|
21
|
R-4
|
R-5
|
|
1
|
22
|
R-4
|
R-5
|
|
1
|
23
|
R-4
|
R-5
|
|
1
|
24
|
R-4
|
R-5
|
|
1
|
25
|
R-4
|
R-5
|
|
1
|
26
|
R-4
|
R-5
|
|
1
|
27
|
R-4
|
R-5
|
|
1
|
28
|
R-4
|
R-5
|
|
1
|
29
|
R-4
|
R-5
|
|
1
|
30
|
R-4
|
R-5
|
|
1
|
31
|
R-4
|
R-5
|
|
2
|
1
|
R-4
|
R-5
|
|
2
|
2
|
R-4
|
R-5
|
|
2
|
3.01
|
R-4
|
R-5
|
|
2
|
4.01
|
R-4
|
R-5
|
|
2
|
5
|
R-4
|
R-5
|
|
2
|
6
|
R-4
|
R-5
|
|
2
|
7
|
R-4
|
R-5
|
|
2
|
8
|
R-4
|
R-5
|
|
2
|
9
|
R-4
|
R-5
|
|
2
|
10
|
R-4
|
R-5
|
|
2
|
11
|
R-4
|
R-5
|
|
2
|
12
|
R-4
|
R-5
|
|
2
|
13
|
R-4
|
R-5
|
|
2
|
14
|
R-4
|
R-5
|
|
2
|
15
|
R-4
|
R-5
|
|
2
|
16
|
R-4
|
R-5
|
|
2
|
17
|
R-4
|
R-5
|
[1]
Editor's Note: A copy of the Zoning Map is included as an attachment to this chapter. A full size color version of the Zoning Map may be found in the Town offices.
b.
The zoning
district classifications for the following properties located between
Boulevard East and Bellevue Avenue are changed as follows:
[Added 5-24-2021 by Ord. No. 17-21]
|
Block
|
Lot
|
Current Zone
|
New Zone
|
|---|---|---|---|
|
38
|
1
|
R-4
|
R-5
|
|
38
|
2.01
|
R-4
|
R-5
|
|
38
|
2.02
|
R-4
|
R-5
|
|
38
|
2.03
|
R-4
|
R-5
|
|
38
|
2.04
|
R-4
|
R-5
|
|
38
|
2.05
|
R-4
|
R-5
|
|
38
|
2.06
|
R-4
|
R-5
|
|
38
|
3
|
R-4
|
R-5
|
|
38
|
9
|
R-4
|
R-5
|
|
38
|
10
|
R-4
|
R-5
|
|
38
|
11
|
R-4
|
R-5
|
|
38
|
12
|
R-4
|
R-5
|
|
38
|
13
|
R-4
|
R-5
|
|
39
|
1
|
R-4
|
R-5
|
|
39
|
2
|
R-4
|
R-5
|
|
39
|
3
|
R-4
|
R-5
|
|
39
|
15.01
|
R-4
|
R-5
|
|
39
|
15.02
|
R-4
|
R-5
|
|
39
|
15.03
|
R-4
|
R-5
|
|
39
|
15.04
|
R-4
|
R-5
|
|
39
|
15.05
|
R-4
|
R-5
|
|
39
|
15.06
|
R-4
|
R-5
|
|
39
|
15.07
|
R-4
|
R-5
|
|
39
|
15.08
|
R-4
|
R-5
|
|
39
|
15.09
|
R-4
|
R-5
|
|
39
|
15.10
|
R-4
|
R-5
|
|
39
|
15.11
|
R-4
|
R-5
|
|
39
|
16
|
R-4
|
R-5
|
[Ord. 3/87 § 3.300]
In determining the boundaries of districts shown on the Zoning
Map, the following rules shall apply:
a.
Boundaries indicated as approximately following the center line of
streets, highways, alleys, railroad rights-of-way, streams, etc.,
shall be construed to follow such center line;
b.
Boundaries indicated as approximately following lot lines and municipal
limit lines shall be construed as following such lot lines and the
municipal limit lines;
c.
Any dimensions shown shall be in feet and measured horizontally and,
when measured from a street, shall be measured from the street right-of-way
line;
d.
In cases of uncertainty or disagreement as to the true location of
any district line, the Zoning Board of Adjustment shall interpret
the district boundary.
[Ord. 3/87 § 4.100]
The basic regulations governing the use of land and buildings,
the size of lots, yards and buildings within each zoning district,
are hereby established in this section.
[Ord. 3/87 § 4.101]
In addition to the uses specifically prohibited by this section,
no building shall hereafter be erected and no existing building shall
be moved, altered, added to or enlarged, nor shall any land or building
or portion of a building be used, designed or arranged to be used
for any purpose unless in conformity with the regulations as herein
contained for that specific district.
[Ord. 3/87 § 4.102]
Every principal building shall be located on a lot as defined
in this chapter. Except as otherwise prescribed, no more than one
principal residential building and its accessory buildings shall hereafter
be erected on any one lot.
[Ord. 3/87 § 4.200;
Ord. #005-10 § I, 28-4.4; Ord. #09-11; Ord.
No. 32-2016]
The regulations prescribed for each of the zoning districts listed in subsection 28-3.1 are described in the "Schedule of District Regulations." The Schedule is hereby adopted and made a part of this chapter and may be amended in the same manner as any other part of this chapter.[1]
[1]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
[Ord. #005-10 § I, 28-4.5; Ord. #09-11; Ord. No. 32-2016]
a.
Use Regulations.
3.
Permitted Conditional Uses:
(a)
Townhouses or row houses.
(b)
Multifamily mid-rise residential.
(c)
Nursery schools.
(d)
Public or private schools.
(e)
Philanthropic institutions.
(f)
Public utility installations.
(g)
Places of worship.
(h)
Museums.
(i)
Nursing homes or assisted living residences.
(j)
Off-site or joint parking facility.
(k)
Retail and service commercial uses.
b.
Bulk Regulations:
1.
Permitted Principal Use Standards:
(a)
Minimum lot area: 2,500 square feet.
(b)
Minimum lot width: 25 feet.
(c)
Minimum front yard: existing average.
(d)
Minimum side yard (one): two feet.
(e)
Minimum side yard (both): five feet, one inch.
(f)
Minimum rear yard: 25 feet.
(g)
Maximum building height: three stories/35 feet.
(h)
Maximum building coverage: 40%.
(i)
Maximum lot coverage: 75%.
[Ord. #005-10 § I, 28-4.6]
[Ord. #005-10 § I, 28-4.7]
[Ord. #005-10 § I, 28-4.8; Ord.
No. 32-2016]
a.
Use Regulations:
2.
Permitted Accessory Uses:
(a)
Off-street parking or garages.
(b)
Home professions.
(c)
Home occupations.
(d)
Subordinate uses typically associated with multifamily residential
development including, but not limited to swimming pools, gymnasiums,
barbecue areas, meeting rooms, storage facilities, outdoor private
park areas.
(e)
Signs.
(f)
Public parks.
3.
Permitted Conditional Uses: none.
b.
Bulk Regulations:
1.
For Lots Less Than 20,000 Square Feet in Area:
(a)
Minimum lot area: 5,000 square feet.
(b)
Minimum lot width: 50 feet.
(c)
Minimum lot depth: 50 feet.
(d)
Minimum front yard: 10 feet.
(e)
Minimum side yard: five feet.
(f)
Minimum rear yard: 25 feet.
(g)
Maximum building height — buildings without ground floor
parking: three stories/40 feet.
(h)
Maximum building height — buildings with ground floor
parking: three residential stories above parking level/50 feet.
(i)
Maximum building coverage: 50%.
2.
For Lots 20,000 Square Feet or Greater in Area:
(a)
Minimum lot area: 20,000 square feet.
(b)
Minimum lot width: 100 feet.
(c)
Minimum lot depth: 200 feet.
(d)
Minimum front yard setback: 10 feet.
(e)
Minimum side yard setback: zero feet. If a side a yard is proposed
then the minimum setback is five feet.
(f)
Minimum rear yard setback: five feet.
(g)
Maximum building height inclusive of indoor garage parking:
five stories and 90 feet exclusive of roof appurtenances.
(h)
Maximum impervious surface coverage inclusive of building coverage:
90%.
(i)
Minimum open space: 10%.
c.
Additional Regulations:
1.
Minimum parking structure setbacks: parking structures shall comply
with the yard requirements for principal buildings.
2.
Exposed parking areas underneath buildings are prohibited. Below-building
parking within the building footprint shall only be permitted when
such parking is screened by permitted uses or by architectural detailing.
The architectural detailing for parking areas shall use a similar
or complimentary type and quality of materials as the remainder of
the building.
3.
Off-Street Parking.
Off-street parking shall be provided as follows:
(a)
Parking spaces shall be dedicated to the respective residential
units as part of any lease or deed, and to the extent that the total
number of parking spaces for any development exceeds the ratio of
one space per residential unit then at least one space shall be designated
for each residential unit. Such dedication shall be included as part
of the lease/rental agreement or deed, and shall not require a separate
fee, charge or payment from the owner/tenant/lessee/occupant. Such
parking spaces shall not be made available for use other than by the
owner/tenant/lessee/occupant of the respective units or visitor thereto.
(b)
Table 4.4 of N.J.A.C. 5:21 of the New Jersey Administrative
Code, entitled Residential Site Improvement Standards governs the
required off-street parking for all residential development in the
Town of Guttenberg. However, N.J.A.C. 5:21-4.14(c) permits alternate
parking standards if the applicant can demonstrate these standards
better reflect local conditions. Factors affecting minimum number
of parking spaces include household characteristics, availability
of mass transit, urban verses suburban location and available off-site
parking resources. If the applicant can demonstrate that reduced off-street
parking better reflects the conditions associated with the proposed
development, the following parking standards, may be used to provide
off-street parking; and, if the applicant so demonstrates, an exception
pursuant to N.J.A.C. 5:21-3.1 will be granted.
4.
One curb cut is permitted for every 75 feet of lot frontage.
[Ord. #005-10 § I, 28-4.9; Ord.
No. 32-2016]
a.
Use Regulations:
1.
3.
Permitted Conditional Uses:
[Ord. #005-10 § I, 28-4.10]
[Ord. No. 32-2016]
a.
Use Regulations:
2.
Permitted Accessory Uses:
(a)
Off-street parking or garages.
(b)
Home professions.
(c)
Home occupations.
(d)
Subordinate uses typically associated with multifamily residential
development including, but not limited to swimming pools, gymnasiums,
barbecue areas, meeting rooms, storage facilities, outdoor private
park areas.
(e)
Signs.
(f)
Public parks.
3.
Permitted Conditional Uses: None.
b.
Bulk Regulations:
1.
Minimum lot area: 20,000 square feet.
2.
Minimum lot width: 100 feet.
3.
Minimum lot depth: 200 feet.
4.
Minimum front yard setback: 10 feet.
5.
Minimum side yard setback: zero feet. If a side yard is proposed
then the minimum setback is five feet.
6.
Minimum rear yard setback: five feet.
7.
Maximum building height inclusive of indoor garage parking: 15 stories
and 180 feet exclusive of roof appurtenances.
8.
Maximum impervious surface coverage inclusive of building coverage:
90%.
9.
Minimum open space: 10%.
c.
Additional Regulations:
1.
Minimum parking structure setbacks: Parking structures shall comply
with the yard requirements for principal buildings.
2.
Exposed parking areas under the buildings are prohibited. Parking
within the building shall be screened with appropriate architectural
detail material. The architectural detailing for parking areas shall
be similar or complimentary to the materials used on the remainder
of the building.
3.
Off-street parking shall be provided as follows:
(a)
Parking spaces shall be dedicated to the respective residential
units as part of any lease or deed, and to the extent that the total
number of parking spaces for any development exceeds the ratio of
one space per residential unit then at least one space shall be designated
for each residential unit. Such dedication shall be included as part
of the lease/rental agreement or deed, and shall not require a separate
fee, charge or payment from the owner/tenant/lessee/occupant. Such
parking spaces shall not be made available for use other than by the
owner/tenant/lessee/occupant of the respective units or visitor thereto.
(b)
Table 4.4 of N.J.A.C. 5:21 of the New Jersey Administrative
Code, entitled Residential Site Improvement Standards governs the
required off-street parking for all residential development in the
Town of Guttenberg.
4.
One curb cut is permitted for every 75 feet of lot frontage.
[Ord. 3/87 § 4.300]
In addition to the above Schedule of District Regulations, the
following regulations of general applicability are herein voted and
made part of this chapter.
[Ord. 3/87 § 4.310]
The omission of any use or type of use from the Schedule shall
be deemed to be an exclusion thereof from all districts.
[Ord. 3/87 § 4.311;
New]
Home occupations shall be permitted provided that:
a.
Such occupation is incidental to the residential use of the premises
and is carried on in the main residential building by a resident on
the premises without nonresident assistants.
b.
Such occupation is carried on in an area not more than 25% of the
dwelling.
c.
Any display of goods or signs identifying such occupation shall be prohibited, except as provided in subsection 28-7.2.
d.
Such occupation generally does not generate truck delivery or pickup
activities as part of the operation.
[Ord. 3/87 § 4.312]
An office for a licensed professional in the fields of law,
medicine, dentistry, architecture, engineering or other similar occupations
shall be permitted in a residence provided that:
a.
Such office is incidental to the residential use of the premises,
is carried on in the main building, and that the office space does
not exceed 45% of the total floor area of the residence.
b.
There shall be not more than one sign for each such premises and
the sign shall not exceed one square foot.
[Ord. 3/87 § 4.313]
In order to facilitate the orderly arrangement of streets, no
permit shall be issued for the erection of a building on any lot unless
such lot abuts either an existing public street, or a street shown
on a recorded subdivision plat or delineated in the comprehensive
Master Plan of the Town.
[Ord. 3/87 § 4.314]
Fences and walls shall be permitted provided that no fence or
wall shall exceed the height of six feet along the side and rear lot
line. No fence or wall along the front lot line shall be permitted.
[Ord. 3/87 § 4.315]
A buffer area shall be provided on every lot in a commercial
district that abuts a residential district, and as specified in connection
with uses requiring a special permit. This buffer strip shall extend
along all side and rear lines abutting residence district properties,
but shall not be required in any front yard. This buffer strip shall
more particularly be provided and maintained as follows:
a.
Width of buffer strip shall be at least five feet.
b.
This strip shall be in addition to any side or rear yard measurement.
c.
This strip shall contain no sidewalks, driveways, parking areas,
drying yards, trash stations, playgrounds, or construction of any
sort.
d.
A five foot high solid fence shall be erected on the inner edge of
the strip; the buffer strip shall be landscaped with shrubs, trees,
and lawns, so arranged and grouped to screen all service and activity
areas. The fence and planting shall be subjected to approval by the
Planning Board in a site plan which will be submitted.
e.
This strip shall be maintained as a landscaped area and kept free
of storage, litter, etc., at all times.
f.
Buffer areas shall not be used for parking.
[Ord. 3/87 § 4.316;
Ord. #18-13]
Private swimming pools shall be a permitted accessory use in
any district and shall comply with the following conditions and requirements:
a.
The pool is intended and is to be used solely for the enjoyment of
the occupants of the principal use of the property on which it is
located.
b.
It may not be located, including any walks, or paved areas or accessory
structures adjacent thereto, closer than five feet to any property
line on which located.
c.
For excavated swimming pools, the entire property on which the swimming
pool is located shall be so walled or fenced so as to prevent uncontrolled
access by children from the street or from adjacent properties. The
fence or wall to be not less than four feet in height and maintained
in good condition. When a fence is used, it shall not have any openings
greater than four inches by six inches, except for approved gates;
and when the fence is formed of metal or wire, such metal or wire
shall not be less than number nine gauge.
[Ord. 3/87 § 4.317]
Sex shops (as defined in subsection 28-2.2) where not expressly prohibited by proper authority shall not be permitted:
[1]
Editor's Note: Former subsection 28-5.10, Garden Apartments,
previously codified herein and containing portions of Ordinance 3/87
§ 4.318, was repealed in its entirety by Ordinance No. 005-10.
[Ord. 3/87 § 4.319]
Subject to site plan review and approval by the Planning Board,
high rise residential structures shall be permitted provided that:
a.
There shall be a minimum site of 40,000 square feet for each development.
b.
The maximum height of the principal structure shall not exceed 50
stories or 550 feet.
c.
The floor area ration shall not exceed 3:1.
d.
The maximum building coverage of any lot shall not exceed 60%.
e.
One paved on-site parking space shall be provided for each dwelling
unit.
f.
At least one loading space per structure shall be provided.
g.
A shopping area or mall may be provided as an accessory use provided
that such area shall not exceed a height of three stories or 35 feet.
NOTE: Site plan for any shopping mall or area must be approved
by the Planning Board.
h.
All open areas other than those used for parking, loading, recreation,
vehicular pedestrian use shall be graded, planted, landscaped and
properly maintained. All parking areas shall be screened on their
periphery by means of planting or fencing or a decorated block wall
having a height of at least 4 1/2 feet.
[Ord. 3/87 § 4.320]
The use of trailers are hereby regulated as per the following:
a.
No trailer may be used as a dwelling except as provided below:
1.
The owner of a residential structure containing not more than four
dwelling units may permit a trailer or house car of a guest to be
kept on his property for a period not to exceed two months provided
that the vehicle shall not be parked in the right-of-way of any public
street and that the toilet or toilets shall be sealed or locked and
that all waste water shall be disposed of through the public sewers.
[Ord. 3/87 § 4.321]
No building shall be erected on any land and no change shall
be made in the existing contours of any land, including any change
in the course, width or elevation of any natural or other drainage
channel, in any manner that will obstruct, interfere with or change
the drainage of such land; taking into account land development that
may take place in the vicinity under the provisions of this chapter,
without providing adequate drainage in connection therewith.
[Ord. 3/87 § 4.322]
a.
Front Yard Requirements. No building shall be erected or shall be
reconstructed or altered so as to project in any way beyond the average
setback line observed by the buildings existing on the same side of
the street within the block at the time of the passage of this chapter.
b.
Variance of Front Yard Requirements. When a vacant lot is situated
between two improved lots, each having a principal building within
25 feet of any side lot line of such unimproved lot, the front yard
may be reduced to the greatest depth of the front yard of the such
adjoining improved lots, provided, however, that where any lot shall
front on a right-of-way which is proposed, on the Official Map of
the Town, 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.
[Ord. 3/87 § 4.323]
a.
Variance of Side Yard Width. Where a side lot line is irregular,
the average width of the side yard shall not be less than the required
minimum width, provided that such side yard shall not be narrower
at any point than 1/2 the required minimum width.
[Ord. 3/87 § 4.324]
a.
Side Yard Requirements of a Corner Lot. The side street setback line
of any corner lot plotted on the Town's tax maps as the lot existed
at the time of adoption of this chapter or any corner lot shown on
any subdivision plat which received final approval prior to the adoption
of this chapter shall not be less than 1/2 of the depth of the minimum
front yard required on any adjoining lot; however, a lot delineated
by subdivision after the adoption of this chapter 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.
b.
Visual Obstruction of Corner Lots. On every corner lot in every district
there shall be no obstruction to vision within a triangle formed by
the street lines of such lot and a line drawn between points on such
street lines at a distance of 10 feet from the point of intersection
thereof.
[Ord. 3/87 § 4.325]
Fences or walls not to exceed six feet in height shall be permitted
along the rear and side lot lines, but not forward of a required front
yard setback.
[Ord. 3/87 § 4.326]
Where a lot extends from a street to an alley or another street,
the widest street shall be deemed the street upon which the property
fronts.
[Ord. 3/87 § 4.330]
The following yard regulations shall apply to accessory uses
or buildings in all residential districts:
a.
An accessory use or structure attached to a principal building shall
comply in all respects with the yard requirements for such principal
building.
b.
An accessory use or structure not attached to a principal building
shall comply with the following requirements.
1.
No accessory use shall be located in a required front yard.
2.
No accessory building or structure shall be located closer than 10
feet from a principal building.
3.
An accessory use or uses may occupy part of the area of a required
rear yard, with a maximum permitted height of 15 feet.
4.
The side or rear yard for a detached accessory use shall be 1/2 of
the required side yard for a principal building in the district in
which it is located, but in no case less than three feet, unless otherwise
specified in this chapter.
5.
On an interior lot that runs through a block and faces on two streets,
an accessory use in a rear yard shall conform to the average setback
of buildings on the two adjacent lots.
6.
On a corner lot, an accessory building or structure shall observe
the same requirements as a principal building, except that when a
rear lot line of a corner lot forms part of the side lot of an adjacent
lot, an accessory use shall be located not less than three feet from
such lot line, and shall observe the setback line of the principal
building on the adjacent lot.
[Added 7-26-2021 by Ord. No. 19-21]
a.
Pursuant
to section 31b of the New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16),
(“the Act”), all cannabis establishments, cannabis distributors
or cannabis delivery services are hereby prohibited from operating
anywhere in the Town of Guttenberg (“Town”) and shall
also be considered prohibited uses for all purposes under this chapter,
and for purposes of the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq., in all zones, districts and areas of the Town, except for
the delivery of cannabis items and related supplies by a licensed
cannabis delivery service based and initiated from a cannabis delivery
service licensed location outside of the Town.
b.
It is
the purpose of the Town in enacting this section that all cannabis
activity otherwise permitted by the Act, but as to which the Town
may prohibit within 180 days of the effective date of the Act, pursuant
to Section 31b thereof entitled “Municipal Regulations or Ordinances,”
be prohibited, and that this section be understood, read and applied
as broadly as possible to effectuate such purpose.
[Ord. 3/87 § 4.400]
In all districts, in connection with every use therein, there
shall be provided, at the time any structure is erected, enlarged
or increased in capacity, off-street parking and loading space and
access thereto in accordance with the requirements set forth below.
[Ord. 3/87 § 4.410]
Required area and dimensions for off-street parking and loading
spaces shall be calculated on the following basis:
[Ord. 3/87 § 4.411; Ord. No. 32-2016]
a.
General. Any off-street parking space and any off-street loading
space required by this chapter shall be provided on the same lot as
the use to which it is appurtenant, and shall comply with the regulations
for the location of accessory uses and structures as described above.
b.
In R Districts, the required off-street parking space for more than
two vehicles may not be located in a required front yard. On a corner
lot, this restriction shall also apply to the space between the side
street right-of-way line and the side building line.
c.
In C Districts, required off-street loading spaces may occupy all or part of a required rear yard, except when abutting a residence district, where a buffer strip is to be maintained as provided in subsection 28-5.7f.
d.
Off-site Parking in a Commercial District. Where there are practical
difficulties in the way of the location of parking space or if the
public safety or the public convenience or both would be better served
by the location of such parking space other than on the same lot with
the use to which it is appurtenant, the Board of Adjustment on specific
application may authorize such alternative required parking space
as will adequately serve the public interest, under the procedures
for special permit uses, as described in this chapter.
e.
Joint facilities for parking or loading. The Board of Adjustment
on specific application may authorize such joint use of off-street
parking or loading facilities for uses on the same or adjoining lots
subject to the procedures for special permit uses as described in
this chapter.
f.
Places of Worship and Schools. The required off-street parking shall
be located on the same lot as the place of worship or school, or within
100 feet of the place of worship or school. All off-street parking
shall be located within the Town of Guttenberg. Any off-site parking
shall be accompanied by a fully executed lease agreement.
[Ord. 3/87 § 4.412]
All off-street parking space and off-street loading space shall
be provided with safe and convenient access to a street. Access drives
or driveways shall not be less than 10 feet in width. If such space
is located contiguous to a street, the street side thereof shall be
curbed and ingress and egress shall be provided only through driveway
openings through the curb not exceeding 25 feet in width and located
and constructed in accordance with specifications prescribed by the
Enforcing Officer.
No access drive or driveway in any R District shall be used
to provide access to uses other than those permitted in such R Districts.
[Ord. 3/87 § 4.413]
a.
Any public or private parking or loading area for three or more vehicles,
including a commercial parking lot, shall be developed and maintained
in accordance with the following requirements. Plans for such areas
shall be reviewed by the Enforcing Officer to insure compliance with
these regulations.
b.
Screening and Landscaping. Off-street parking areas for three or more vehicles and off-street loading areas shall be effectively screened as provided in subsection 28-5.6. The screening shall be on the side or sides which adjoin or face premises situated in any Residential District, or institutional premises.
c.
Minimum Distances and Setbacks. No off-street loading area or parking
area or part thereof for three or more vehicles shall be closer than
10 feet to any dwelling, school, hospital or other institution for
human care located on an adjoining lot.
d.
Surfacing. Any off-street parking area or off-street loading area
for three or more vehicles shall be surfaced with an asphalt or Portland
cement concrete pavement or similar durable dustless surface. All
areas shall be marked so as to provide for the orderly and safe loading,
parking and storage of motor vehicles.
e.
Lighting.
1.
Any lighting used to illuminate any off-street parking or loading
area shall be so arranged as to reflect the light away from adjoining
premises.
2.
Off-street parking facilities for multifamily structures containing
three or more families and off-street parking facilities for all commercial
and industrial uses shall be adequately lighted.
f.
Drainage. Any off-street parking area and off-street loading area
shall be graded and drained so as to dispose of all surface water
without detriment to surrounding uses.
[Ord. 3/87 § 4.414; Ord. 12/7/87; Ord. No.
32-2016]
a.
The number of off-street parking spaces required shall be set forth
in the following schedule:
|
Uses
|
Required Parking Spaces
| |
|---|---|---|
|
1.
|
Bowling alleys, swimming pools, dance halls, roller rinks, etc.
|
5 for each 500 square feet of floor area or of water areas in
swimming pools.
|
|
2.
|
Places of worship and schools
[Ord. No. 32-2016] |
1 space/3 seats.
1 space/36 linear inches of bench/pew.
1 space/20 square feet of floor area without designated seating.
|
|
3.
|
Community buildings and social halls
|
1 for each 300 square feet of floor area.
|
|
4.
|
Dwellings
|
1 for each family or dwelling unit excepting that 1 for each
2 dwelling units shall be provided for units designed exclusively
for elderly persons.
|
|
5.
|
Funeral homes, mortuaries
|
5 for each parlor, plus 1 for each employee.
|
|
6.
|
Hospitals, nursing and convalescing homes
|
1 for each 3 beds, plus 1 for each employee.
|
|
7.
|
Rooming houses and dormitories
|
1 for each bedroom.
|
|
8.
|
Manufacturing plants, research or testing laboratories, bottling
plants
|
1 for each 1,500 square feet of floor area, plus 1 for each
4 employees in a maximum working shift. The total parking area shall
not be less than 25% of the building floor area.
|
|
9.
|
Medical or dental offices
|
5 spaces for each doctor or dentist.
|
|
10.
|
Hotels
|
1 space for each living or sleeping unit.
|
|
11.
|
Restaurants, beer parlors and night clubs
|
1 for each 5 seats.
|
|
12.
|
Retail stores, shops, etc., in Commercial Districts
|
1 for each 300 square feet of floor area.
|
|
13.
|
Banks or professional offices
|
1 for each 300 square feet of floor area.
|
|
14.
|
Sports arenas, auditoriums, theaters, assembly halls
|
1 for each 2.5 seats.
|
|
15.
|
Wholesale establishments or warehouses
|
1 for each 2 employees on maximum shift. The total parking area
shall not be less than 25% of the building floor area.
|
|
16.
|
Motels
|
1 space for each living or sleeping unit.
|
|
Where a use is not specifically mentioned in this table, the
requirements for similar uses shall apply.
|
b.
In C Districts, where no substantial change or changes in an existing
structure are affected, notwithstanding the fact that there may be
a change in the use of such structure, the off-street parking requirements
of this ordinance shall not apply.
"Substantial change or changes," for purposes of this amendment
shall include but not be limited to, any change or changes which result
in an increase in the commercial floor area to a number of square
feet equal to or in excess of 125% of the square footage of the structure
as it existed prior to the change or changes and/or any increase in
the number of bedrooms in the structure from the number which existed
prior to the change or changes.
Any portion of the Zoning Ordinance of the Town of Guttenberg
which shall be inconsistent with this amendment is hereby modified
to the minimum extent necessary to bring it into conformance with
this amendment.
[Ord. #005-10 § I, 28-6.X; Ord.
No. 32-2016]
a.
The number of off-street parking spaces required shall be set forth
in the following schedule:
|
Uses
|
Required Parking Spaces
| |
|---|---|---|
|
1.
|
Swimming pools
|
1 for each 100 feet of water area
|
|
2.
|
Places of worship and schools
[Ord. No. 32-2016] |
1 space/3 seats
1 space/36 linear inches of bench/pew
1 space/20 square feet of floor area without designated seating
|
|
3.
|
Philanthropic institutions, museums and commercial entertainment
facilities
|
1 for each 300 square feet of gross floor area
|
|
4.
|
Dwellings
|
In accordance with the New Jersey Residential Site Improvement
Standards at N.J.A.C. 5:21-1 et seq.
|
|
5.
|
Hospitals, nursing homes and assisted living residences
|
1 for each 3 beds, plus 1 for each employee
|
|
6.
|
Medical or dental offices
|
1 space for each 150 square feet of gross floor area
|
|
7.
|
Restaurants and nightclubs
|
1 for each 5 seats
|
|
8.
|
Retail and service commercial uses
|
No off street parking is required for the first 1,000 square
feet of floor area of ground floor commercial use, 1 space for each
400 square feet of gross floor area above the first 1,000 square feet
|
|
9.
|
Banks or professional offices
|
1 for each 300 square feet of gross floor area
|
[Ord. 3/87 § 4.415]
The number of off-street loading spaces required shall be as
set forth in the following schedule. In the case of any use not specifically
mentioned herein, the Board of Adjustment shall determine the number
of loading spaces required.
|
Use
|
Square feet of Total Floor Area or Other Unit of Measurement
|
Minimum Required Off-Street Loading Berths
| |
|---|---|---|---|
|
a.
|
Schools
|
For each 15,000 square feet
|
1
|
|
b.
|
Hospitals (In addition to space for ambulances)
|
For each 50 beds
|
3
|
|
c.
|
Undertaking establishments
|
1
| |
|
d.
|
Offices, hotels Commercial wholesale, industrial, manufacturing,
storage, and miscellaneous use
|
Under 20,000 square feet
20,000-50,000 square feet
51,000-100,000 square feet
For each additional 50,000 square feet or major fraction thereof
|
1
2
3
1
|
[Ord. 3/87 § 4.421]
All signs shall be considered an accessory use and, unless otherwise
specified in this chapter, the construction, alteration, erection,
maintenance and location of signs and outdoor displays, shall be governed
by the provisions of the Building Code of Guttenberg.
[Ord. 3/87 § 4.422]
a.
General.
1.
Every sign in an R District shall either (a) be placed flat against
a building, projecting not more than six inches therefrom, on the
front thereof, and not extending above the actual height thereof,
or (b) be located completely apart from a building, directly in front
thereof, at a distance of not less than 15 feet from the front lot
line, and not exceeding five feet in height.
2.
No sign in an R District shall be illuminated by other than indirect
lighting, with the source thereof so shielded that it illuminates
only the face of the sign.
b.
The following types of signs are permitted in all residence districts.
1.
Nameplates and Identification Signs.
(a)
Signs indicating the name or address of the occupant, or a permitted
home occupation or profession, provided that they shall not exceed
one square foot in area.
(b)
Only one sign shall be permitted per dwelling unit except in
the case of corner lots where two such signs, one facing each street,
shall be permitted.
(c)
For multiple dwelling structures, a single identification sign
not exceeding six square feet in area.
2.
Sales or Rental or Development Signs.
(a)
Signs advertising the sale or rental of the premises upon which
they are located, provided they shall not exceed six square feet in
area for one and two-family houses and 20 square feet in area for
other structures.
(b)
Not more than one such sign may be erected per building.
(c)
Not more than one such sign may be placed upon any property
unless such property fronts upon more than one street, in which case
two signs may be erected, one facing each street.
(d)
Such signs shall be promptly removed when premises are sold
or rented.
3.
Institutional Signs.
(a)
Signs of schools, churches, hospitals, clubs, hotels or other
institutions of a similar public or semipublic nature, provided the
size of any sign shall not exceed 20 square feet in area.
(b)
Not more than one such sign shall be permitted for an institution,
unless the property fronts upon more than one street, in which event
two such signs may be erected, one facing each other.
4.
Signs Accessory to Parking Areas.
(a)
Signs designating entrances or exits to or from a parking area,
provided the size of any sign shall not exceed two square feet in
area.
(b)
Signs designating the identity and conditions of use of parking
areas, provided the size of any such sign shall not exceed nine square
feet in area. Not more than one sign may be placed upon any property
unless such property is located on a corner, in which event two such
signs may be permitted, one facing each street.
5.
Artisan's Signs.
(a)
Signs of mechanics, painters and other artisans may be erected
and maintained during the period in which such persons are performing
work on the premises, provided that the size of any such sign shall
not exceed 12 square feet in area.
(b)
Such signs shall be removed promptly upon completion of the
work.
[Ord. 3/87 § 4.423]
a.
All signs permitted in residence districts as described in subsection 28-7.2 shall be permitted in commercial districts subject to the same regulations.
b.
Business signs are permitted in accordance with the following regulations:
1.
Size of Signs. The surface area of all business signs on a single
lot shall aggregate to no more than two square feet of sign area per
front foot, with a maximum of total area of 100 square feet.
2.
Projection of Signs. No sign shall project into or over the right-of-way
of any street.
3.
Height of Signs. No sign shall extend higher than the maximum permitted
height of principal structures in the district in which the sign is
located.
4.
Clearance. No hanging or suspended sign shall be erected or maintained
less than 15 feet above grade.
[Ord. 3/87 § 4.424;
Ord. #013/03]
a.
Any sign of which all or any part is in motion by any means, including
fluttering, rotating, or other moving signs set in motion by movement
of the atmosphere.
b.
Any sign displaying flashing or intermittent lights, or lights of
changing degrees of intensity.
c.
Any illuminated tubing or strings of lights outlining roof lines,
door, windows or wall edges of any building.
d.
Any sign that obscures a sign displayed by public authority for the
purpose of giving traffic instructions or directions or other information.
e.
Any sign that uses the word "stop" or "danger" or otherwise presents
or implies the need or requirement of stopping or caution or the existence
of danger, or which is a copy or imitation of, or which for any reason
is likely to be confused with any sign displayed by a public authority.
f.
Any sign within the area of vision clearance at the street corner
of a corner lot.
g.
Any sign that causes any direct glare into or upon any dwelling.
h.
Any portable sign, including any sign displayed on a vehicle when
used primarily for the purpose of such display.
i.
Advertising sign.
j.
Any "sign" structure or use that uses sound to advertise or identify
the premises, owner or use in any manner.
k.
Banner. Any lightweight plastic, fabric or other material, whether
or not containing a message of any kind, suspended with a rope, wire,
or string from the outside of a commercial building.
[Ord. 3/87 § 4.430]
All proposed uses shall provide documentation to the satisfaction
of the Enforcing Officer that the proposed use will be in conformance
with the performance standards listed herein. In the case of a structure
being built for future lease, in whole or in part, the Enforcing Officer
shall waive this documentation for purposes of issuing a Building
Permit if all other applicable requirements are met, but shall not
issue a Certificate of Compliance or a Certificate of Occupancy until
such time as all requirements with respect to a particular occupant
and/or use are met. In the event that any use fails to meet the performance
standards after a Certificate of Compliance or Occupancy is issued,
the Enforcing Officer may, after proper notice, require that the use
be terminated within 60 days unless the condition can be corrected
to satisfactorily meet the performance standards listed herewith:
a.
Smoke, Dust, Dirt and Fly Ash. Shall not exceed the limits set by
State and local Air Pollution Codes.
b.
Odor. The emission of obnoxious odors of any kind shall not be permitted.
c.
Gases. No gas shall be emitted which is deleterious to the public
health or safety.
d.
Glare. Arc welding, acetylene torch cutting or similar processes
that produce glare shall be performed within an enclosed building
or shall be screened from view from any point beyond the property
line.
e.
Vibration. No use shall cause earth vibrations or concussions detectable
beyond its property lines, without the aid of instruments, with the
exception of that vibration produced as a result of constructional
activity.
f.
Fire and Safety Hazard. The storage of crude oil or any of its volatile
products or other highly inflammable liquids in aboveground tanks
shall be in accordance with local and State regulations. The permitted
manufacture or storage of explosive or poisonous gases shall be in
accordance with local and State regulations.
The storage, baling or treatment of rags, wastes, scrap paper
or similar materials shall be in an enclosed masonry building, no
part of which may be located closer than 50 feet from any property
line.
g.
Sewage Waste. Liquid wastes and effluents shall be discharged into
an approved existing sewage treatment plant in accordance with the
regulations of that system or shall be treated in a treatment plant
operated by the permitted use which is in compliance with applicable
State and local requirements.
h.
Open Storage.
1.
Other than junk and/or scrap and auto wrecking yards, all open storage
shall be located within an area not closer than 50 feet from any street
right-of-way line and shall be enclosed with a greenbelt planting
strip, or other approved screening, not less than eight feet in width,
and not less than eight feet in height, to normally screen view of
stock piles. The storage of lumber, coal or other combustible material
shall not be less than 20 feet from any interior lot line, and a roadway
shall be provided, graded, surfaced and maintained from the street
into the property to permit free access of fire trucks at any time.
2.
Junk and/or scrap and auto wrecking yards shall be permitted only
when enclosed within a fence not less than six feet in height, not
less than 50 feet from any street or right-of-way line, and fronted
with an evergreen planting strip to attain not less than eight feet
in height to screen yard from outside view.
i.
Noise. At no point on or beyond the boundary of any lot shall the
sound pressure level resulting from any use or activity, whether open
or enclosed, (except noise not directly under control of the property
user, no noises resulting from the construction and maintenance of
buildings and facilities including site preparation, and the noises
of safety signals, warning devices, railroads, the automobile traffic)
exceed the minimum permitted decibel levels for the designated octave
band as set forth below:
|
Octave Band, Frequency in Cycles per Second
|
Sound Pressure Level in Decibels
|
|---|---|
|
0 to 74
|
73
|
|
75 to 149
|
68
|
|
150 to 299
|
60
|
|
300 to 599
|
53
|
|
600 to 1,199
|
47
|
|
1,200 to 2,399
|
41
|
|
2,400 to 4,799
|
35
|
|
4,800 and over
|
33
|
j.
Topography. The topography of any parcel shall remain substantially
unaltered by development of any type unless same is approved by the
Planning Board and further approved by the Board Engineer, and in
those cases where it has jurisdiction, by the New Jersey Department
of Environmental Protection.
k.
Liquid or Solid Waste. There shall be no discharge of any kind of
waste into a reservoir or river. The discharge of untreated waste
into any body of water is prohibited. All methods of industrial waste
treatment shall be approved by the appropriate County Health Agency.
Effluent from treatment plants shall at all times comply with the
following standards:
1.
Maximum five day biochemical oxygen demand: Five parts per million.
2.
Maximum quantity of effluent: 10% of minimum daily stream or river
flow.
3.
Maximum five day biochemical oxygen demand after dilution (B.O.D.
of effluent multiplied by quantity of effluent divided by quantity
of stream flow): 0.25 parts per million.
4.
Maximum phenol: 0.01 parts per million.
No effluent shall contain other acids, oils, dust, toxic metals,
corrosive or other toxic substance in solution or suspension which
would create odors, discoloration, poison or otherwise pollute the
stream or river in any way.
[Ord. 3/87 § 4.510;
Ord. #005-10 § I, 28-9.1]
Certain uses are found to possess such unique characteristics
and special forms each specific instance of their establishment or
modification requires individual consideration.
All such uses shall be deemed to be permitted uses in their
respective districts, but shall be subject to the specific additional
standards and requirements pertaining solely to such uses.
[Ord. 3/87 § 4.521; Ord. No. 005-10 § I, 28-9.2]
a.
The location and size of the use, the nature and intensity of operation
involved, the size of the site in relation to it and the location
of the site with respect to existing or future streets giving access
to it, shall be such that it will be in harmony with the orderly development
of the district and the location, nature and height of buildings,
walls and fences will not discourage the appropriate development and
use of adjacent land and buildings or impair the value thereof.
b.
Operations in connection with any special permit use shall not be
more objectionable to nearby properties by reason of noise, fumes,
vibration, light or glare than would be the operations of any other
use permitted in the district.
[Ord. 3/87 § 4.522; Ord. No. 005-10 § I, 28-9.3; Ord. No. 32-2016; amended 10-26-2020 by Ord. No.
26-20]
a.
Nursing Home; Assisted Living Residence; Philanthropic or Eleemosynary
Institution; Museum.
1.
Minimum lot area: in all districts where permitted 20,000 square
feet.
2.
Minimum frontage: in all districts where permitted 100 feet.
3.
Maximum coverage: in all districts where permitted 50%.
4.
Usable Open Space. A minimum of 100 square feet of usable open space
shall be provided for each inhabitant, patient or student of a use
providing permanent or temporary living quarters, up to 50% coverage.
5.
No required parking shall be permitted within five feet of any side
or rear lot line.
c.
Multifamily Mid-Rise Residential.
1.
Bulk Regulations.
[Amended 10-26-2020 by Ord. No. 26-20]
(a)
1 Bulk Regulations.
(1)
Minimum lot area: 20,000 square feet only associated with corner
parcels.
(2)
Minimum lot width: 100 feet.
(3)
Minimum lot depth: 200 feet.
(4)
Minimum front yard setback: 10 feet.
(5)
Minimum side yard setback: zero feet. If a side yard is proposed
then the minimum setback is five feet.
(6)
Minimum rear yard setback: five feet.
(7)
Maximum building height inclusive of indoor garage parking:
eight stories and 90 feet exclusive of roof appurtenances.
(8)
Maximum impervious surface coverage inclusive of building coverage:
90%.
(9)
Minimum open space: 10%.
(b)
1-A Bulk Regulations.
(1)
Minimum lot area: 5,000 square feet.
(2)
Minimum lot width: 50 feet.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum front yard setback: five feet.
(5)
Minimum side yard setback: three feet, one inch.
(6)
Minimum rear yard setback: five feet.
(7)
Maximum building height inclusive of indoor garage: four stories
and 50 feet.
(8)
Maximum impervious surface coverage: 90%.
(9)
Minimum open space: 10%.
(c)
1-B Bulk Regulations.
(1)
Minimum lot area: 7,500 square feet.
(2)
Minimum lot width: 75 feet.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum front yard setback: five feet.
(5)
Minimum side yard setback: three feet, one inch, each side.
(6)
Minimum rear yard setback: five feet.
(7)
Maximum building height inclusive of indoor garage: five stories
and 60 feet.
(8)
Maximum impervious surface coverage: 90%.
(9)
Minimum open space: 10%.
(d)
1-C Bulk Regulations.
(1)
Minimum lot area: 10,000 square feet.
(2)
Minimum lot width: 100 feet.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum front yard setback: five feet.
(5)
Minimum side yard setback: three feet, one inch.
(6)
Minimum rear yard setback: five feet.
(7)
Maximum building height inclusive of indoor garage: six stories
and 70 feet.
(8)
Maximum impervious surface coverage: 90%.
(9)
Minimum open space: 10%.
2.
Additional Regulations:
(a)
Minimum parking structure setbacks: Parking structures shall
comply with the yard requirements for principal buildings.
(b)
Exposed parking areas under the building are prohibited. Parking
within the building shall be screened with appropriate architectural
detail material. The architectural detailing for parking areas shall
be similar or complimentary to the materials used on the remainder
of the building.
(c)
Off-street parking shall be provided as follows:
(1)
Parking spaces shall be dedicated to the respective residential
units as part of any lease or deed, and to the extent that the total
number of parking spaces for any development exceeds the ratio of
one space per residential unit then at least one space shall be designated
for each residential unit. Such dedication shall be included as part
of the lease/rental agreement or deed, and shall not require a separate
fee, charge or payment from the owner/tenant/lessee/occupant. Such
parking spaces shall not be made available for use other than by the
owner/tenant/lessee/occupant of the respective units or visitor thereto.
(2)
Table 4.4 of N.J.A.C. 5:21 of
the New Jersey Administrative Code, entitled Residential Site Improvement
Standards governs the required off-street parking for all residential
development in the Town of Guttenberg. However, N.J.A.C. 5:21-4.14(c)
permits alternate parking standards if the applicant can demonstrate
these standards better reflect local conditions. Factors affecting
minimum number of parking spaces include household characteristics,
availability of mass transit, urban verses suburban location and available
off-site parking resources. If the applicant can demonstrate that
reduced off-street parking better reflects the conditions associated
with the proposed development, the following parking standards, may
be used to provide off-street parking; and, if the applicant so demonstrates,
an exception pursuant to N.J.A.C. 5:21-3.1 will be granted.
(d)
One curb cut is permitted for every 75 feet of lot frontage.
(f)
Where a basement or below grade parking is proposed, a preliminary
rock evaluation shall be required to address the presence/absence
of bedrock/rock within the area of excavation. The report shall present
an informed strategy for means and methods of removal for that specific
rock and an impact statement on the adjacent properties.
[Amended 10-26-2020 by Ord. No. 26-20]
d.
Townhouses or Row Houses.
1.
Minimum lot area: 7,500 square feet.
2.
Minimum lot width: 75 feet.
3.
Minimum front yard: zero feet if parking is provided to the rear
of the dwelling; 20 feet if parking is provided in front of the dwelling.
4.
Minimum side yard: five feet.
5.
Minimum rear yard: 25 feet.
6.
Maximum building height: three stories/35 feet.
7.
Maximum building coverage: 60%.
e.
Public Utility Installations.
1.
Public utility installations shall include facilities and services
related to the distribution and transmission of communications, electricity,
gas and water and the collection and treatment of sewage.
2.
No facility or use related to public utility service shall be permitted
in a residence district unless the Board of Adjustment finds, with
a statement of reasons for such findings, that the location proposed
is necessary for the rendering of efficient service by such facility.
3.
In a residence district, no land or buildings related to a public
utility service subject to the provisions of this chapter shall be
used for the storage of materials or equipment, for the repair or
servicing of vehicles or equipment or for the parking of vehicles,
except as an accessory use necessary for the proper operation of the
services to which it may be appurtenant.
f.
Public or Private School.
1.
Such school or educational facility shall be duly licensed by the
New Jersey State Board of Education if a license is required by law.
2.
The minimum lot area of any school shall be 1/2 acre plus 1/2 acre
for every 75 pupils for whom the school is designed.
3.
Land coverage of the sum of the principal building plus accessory
buildings shall not exceed 30% of the area of the lot.
4.
No health, correctional or any other facility not directly related
to the general education of students shall be permitted.
g.
Places of Worship. Notwithstanding any other provisions contained
in this chapter, incorporated places of worship shall be permitted
provided that:
1.
A place of worship may be erected to a height of 75 feet, provided
that the number of stories at any point along the perimeter of such
building shall not exceed three and no building or part thereof shall
be erected nearer than a distance equal to three times the height
of such building to any property line other than a street line.
2.
Land coverage of the sum of the principal building plus accessory
buildings shall not exceed 50% of the area of the lot.
3.
Each place of worship shall be permitted to maintain an exterior
bulletin board with an area of not more than six square feet.
h.
Off-Site or Joint Parking. Site Plan approval shall be required.
i.
Retail and Service Commercial Uses in the R-1 District. Such uses
shall be permitted on the ground floor only of properties fronting
on Palisade Avenue or Park Avenue.
[1]
Editor's Note: Former subsections 28-9.4, Standards Applicable
to Limited Retail and Service Uses, 28-9.5, Standards Applicable to
Gasoline Service Stations and 28-9.6, Standards Applicable to Sale
of Used Automobiles, previously codified herein and containing portions
of Ord. 3/87 §§ 4.523 — 4.525 respectively were
repealed by Ordinance No. 005-10.
[Ord. 3/87 § 5.100]
a.
The zoning districts established by this chapter are designed to
guide the future use of land in the Municipality, encouraging the
development and preservation of desirable residential and commercial
areas, with appropriate groupings of compatible and related uses,
to the end of promoting and protecting the public health, safety,
comfort, prosperity and other aspects of the general welfare.
To achieve this end, lawful existing uses which would be prohibited
or restricted under the terms of this chapter or future amendments,
and which do not conform to the character and regulations of the zoning
district in which they are located, must be subject to certain regulations.
b.
To avoid such hardship nonconforming uses of land, buildings, and
structures shall be permitted to remain. The purpose of this regulation
in nonconforming uses which are not appropriate in their location
is to restrict further investment in such uses. Exceptions shall be
made in those instances where extensive investment is involved to
avoid any unnecessary hardships in the use of such facilities.
c.
To eliminate any undue hardship, nothing in this chapter shall be
deemed to require any change in plans, specifications, construction
or intended use of any building or structure for which plans, specifications,
contract negotiations, or construction started, prior to the effective
date of this chapter or amendments thereof.
[Ord. 3/87 § 5.200]
a.
A use, building or structure which shall be made nonconforming, as defined in subsection 28-2.2, at the time of passage of this chapter, or any applicable amendment thereto, may be continued except as otherwise set forth in this section.
b.
The provision regarding nonconformity shall apply only to a use,
building or structure legally established or erected, but not to any
use established or building or structure erected in violation of law,
regardless of the time of establishment or erection.
[Ord. 3/87 § 5.300]
An existing nonconforming use, building or structure cannot
be altered, reconstructed, substituted or restored or repaired, unless
required to do so by law or order and as follows:
a.
Repairs and Maintenance. Normal maintenance repairs and incidental
alteration of a building or the structure containing a nonconforming
use is permitted, provided it does not extend or expand the area or
volume of space occupied by the nonconforming use, or change the functional
use of the building or structure.
b.
Restoration. When a nonconforming building or structure is destroyed,
or partially destroyed, by fire, explosion or other disaster, or is
otherwise damaged to the extent of 50% of the appraised replacement
value of such building or structure, it shall not be restored or rebuilt,
except in such manner as to conform to the regulations of this chapter
and amendments thereto. When a nonconforming building or structure
is partially destroyed by fire, explosion or other disaster to less
than 50% of its appraised replacement value, it may be restored to
its original use in accordance with provisions of this chapter, but
must be restored within one year of such happening.
d.
Sale. Any nonconforming use, structure or lot may change ownership
and continue to function as the same nonconforming use, structure
or lot provided that the appropriate provisions of this chapter are
met.
e.
Construction Under Permit Granted Prior to Passage. Nothing herein
contained shall require any change in plans, construction, or designated
use of a building for which a building permit has been heretofore
issued and the construction of which shall have been diligently prosecuted
within three months of the date of such permit, and the ground story
framework of which, including the second tier of beams, shall have
been completed within six months of the date of such permit, and which
entire building shall be completed according to such filed plans within
one year from the effective date of this chapter.
[Ord. 3/87 § 6.100]
It shall be the duty of the Enforcing Officer to administer
and enforce the provisions of this chapter. The Enforcing Officer
shall be appointed by the governing body of Guttenberg. No Building
Permit or Certificate of Occupancy shall be issued by the Enforcing
Officer unless all the provisions of this chapter are met.
[Ord. 3/87 § 6.110]
It shall be the duty of the Enforcing Officer to administer
and enforce this chapter. No structure will be erected without a Building
Permit and no structure or lot shall use or have its use changed so
as to be in violation of this chapter. In no case shall a Building
Permit be issued for the construction or alterations of any structure
nor shall a Certificate of Occupancy be issued for a new occupant
with a new use, or new use by the present occupant, until the proposed
construction or alteration or use conforms to the provisions of this
chapter. It shall be the duty of the Enforcing Officer to cause any
structures, plans or premises to be inspected or examined and order
the owner, in writing, that any condition be remedied which is found
to exist in violation of any provisions of this chapter. It shall
be the duty of the Enforcing Officer to keep a record of all applications
and all permits which are either issued or denied, with notations
of any conditions involved, which data shall form a part of the public
records. Specifically, the Enforcing Officer shall have the following
duties and powers:
a.
Inform Applicants. The Enforcing Officer shall provide information
for prospective applicants as to the type of form(s) to be filled,
the information to be submitted, and explain the procedures for filing
applications. Such information shall be offered as a public service
and no charge shall be made for such service.
b.
Form of Applications, Permits and Certificates. The form of all applications,
permits and certificates to be used by the Enforcing Officer under
the terms of this chapter shall be prescribed by the municipality.
The applications, permits and certificates may be combined with other
applications, permits and certificates required by the Building Code.
c.
Receive Applications. He shall receive and examine all applications
for permits, certificates and variances and other applications required
under the terms of this chapter.
d.
Issue Permits. He shall issue permits for the construction, major
alteration and occupancy of all uses which are in accord with the
requirements of this chapter within 30 days of the receipt of the
applications for such permit.
e.
Refuse Permits. He shall refuse applications for permits or certificates
which are not in accord with the requirements of this chapter within
30 days of the receipt of such application. The refusal shall be in
writing and shall state the reasons for such action. Duplicate copies
of such refusals shall be forwarded to the Zoning Board of Adjustment.
f.
Issue Notice of Violations. He shall made a written notice of violation
and issue the same on the person violating any provisions of this
chapter. The written notice shall set forth the action on the part
of such persons or corporation that he deems to be in violation. Duplicate
copies of said notice are to be referred to the governing body and
to the Zoning Board of Adjustment.
g.
Keep Records. He shall keep records of applications, or permits or
certificates issued or denied, of variances granted, of inspections
made, of reports rendered and of notice of orders issued.
h.
Annual Report. He shall submit an annual report to the governing
body, the Zoning Board of Adjustment and the Planning Board on the
number of applications made, of permits or certificates issued or
denied, of variances granted, of inspections made or reports rendered,
of notice of orders issued, and of any other information requested
by the governing body, the Zoning Board of Adjustment or the Planning
Board in the furtherance of their duties.
i.
Other Powers and Duties. He shall perform all other duties as may
be provided or made necessary by the terms of this chapter.
[Ord. 3/87 § 6.200]
No building or structure in any district shall be erected, enlarged
or structurally altered without a Building Permit duly issued, upon
application, by the Enforcing Officer. No Building Permit shall be
issued by the Enforcing Officer except in conformance with the provisions
of this chapter or unless he is directed to issue same under written
order from the Zoning Board of Adjustment in the form of a variance
special permit or administrative review as provided by this chapter.
[Ord. 3/87 § 6.210]
All applications for Building Permits shall be in writing on
forms provided by the Enforcing Officer. Applications shall be accompanied
by plans, in duplicate, drawn to scale, and showing the following
information:
a.
The actual shape and dimensions of the lot to be built upon.
b.
The exact size and location of all existing or proposed buildings,
structures, signs, parking or loading areas.
c.
The existing and proposed use of each building or parts thereof,
including number of families, dwelling units, employees, office or
other units of occupancy.
d.
Plans for screenings and landscaping as may be required under provisions
of this chapter.
e.
Any other information as may be necessary to determine compliance.
[Ord. 3/87 § 6.211]
Building Permits shall be issued in duplicate and one copy shall
be kept conspicuously on the premises affected whenever construction
work is being performed thereon. No owner, contractor, workman or
other person shall perform building operations of any kind unless
a Building Permit covering such operation has been previously issued,
and is being displayed as required by this chapter, nor shall they
perform building operations of any kind after notification of the
revocation of the permit.
[Ord. 3/87 § 6.212]
If the Enforcing Officer determines that the application or
plans as submitted fail to satisfy the requirements of this chapter,
he shall refuse to issue a Building Permit. If a Building Permit is
so denied, the Enforcing Officer shall promptly cause to be sent to
the applicant a notice of the Officer's action, which shall specify,
in writing, the grounds upon which the denial was made. The applicant
then may apply to the Zoning Board of Adjustment for a reversal of
the Enforcing Officer's refusal to issue a Building Permit.
[Ord. 3/87 § 6.213]
If the Enforcing Officer makes a preliminary determination that
a proposed use requires a special permit, he shall notify the applicant
of any additional materials that may be required in order that the
Board of Adjustment and the Planning Board may conduct their respective
reviews of the proposal. Upon receipt of such material to complete
the file, the Enforcing Officer shall transmit the application and
supporting documents to the Board of Adjustment.
[Ord. 3/87 § 6.214]
The Enforcing Officer may revoke a permit at any time if it
appears that the application or accompanying plan is in any material
respect false or misleading, or that work being done upon the premises
differs materially from that called for in the application. In such
a case, the person holding the permit shall immediately surrender
it and all copies thereof to the Enforcing Officer. Before issuing
a new permit, the Enforcing Officer may require the applicant to file
an indemnity bond in favor of the municipality with sufficient surety
conditioned for compliance with this chapter and all building laws
and ordinances then in force and in a sum sufficient to cover the
cost of removing the building if it does not so comply.
[Ord. 3/87 § 6.300]
No land shall be occupied or used and no building hereafter
erected, altered, or extended, shall be occupied, used or changed
in use, whether in whole or part until a Certificate of Occupancy
shall have been issued by the Enforcing Officer. Such Certificate
shall state that the structure or use complies with all the provisions
of this chapter and all other applicable codes and ordinances of the
Town pertaining to use.
[Ord. 3/87 § 6.310]
a.
Application for a Certificate of Occupancy shall be made in writing
on a form furnished by the Enforcing Officer setting forth such information
as the Enforcing Officer may require.
b.
A Certificate of Occupancy shall be issued within 10 days after the
Enforcing Officer determines that the structure or use, as completed,
is in full conformity with the provisions of this chapter and any
other applicable codes and ordinances of the Town, including but not
limited to: building codes, fire prevention codes, electrical codes,
plumbing codes, sanitary codes and housing codes.
c.
The occupancy permit, once granted, shall continue in effect so long
as there is no change of use.
[Ord. 3/87 § 6.320]
A record of all Certificates of Occupancy shall be kept in the
Office of the Enforcing Officer and one copy shall be forwarded by
the Enforcing Officer to the Town Assessor and additionally, to any
Town agency or to any person having a proprietary or tenancy interest
in the building or land affected.
[Ord. 3/87 § 6.421]
The Board may, after due notice and public hearings, permit
the temporary occupancy and use of a structure in any district for
a purpose that does not conform with the regulations for that district.
Such occupancy and use shall be subject to any reasonable conditions
and safeguards which the Board may impose to minimize any injurious
effects upon the neighborhood or to protect contiguous property. Such
approval and permit based thereon shall not be valid for more than
12 months.
[1]
Editor's Note: Former Section 28-23, Special Permit Procedure,
previously codified herein and containing portions of Ordinance 3/87
§ 6.422, was repealed in its entirety by Ordinance No. 005-10.
[Ord. 3/87 § 6.423]
a.
The determination of the facts of the case shall indicate that the
appropriate application was filed with the Enforcing Officer and was
disapproved by him as not meeting the requirements of this chapter
for the district in which located and the circumstances of ownership
or other conditions that create the alleged hardship. The Board may,
at its discretion, forward a copy of the application to the Planning
Board for review.
b.
The report and recommendations, if any, of the Planning Board shall
be summarized.
c.
The findings shall include the following as a minimum:
1.
The special circumstances or conditions, as described, apply to the
land or buildings concerned but do not apply generally to land or
buildings in the neighborhood.
2.
The circumstances or conditions are such that the strict application
of the provisions of this chapter would deprive the applicant of the
reasonable use of the land or buildings.
3.
For reasons set forth, the granting of a variance is the only means
to provide for the reasonable use of the land or buildings.
4.
The variance as granted by the Board of Adjustment is the minimum
variance that will permit the reasonable use of the land or buildings.
5.
The relief afforded by the variance can be granted without substantial
detriment to the intent and purpose of the Zoning Ordinance.
[Ord. 3/87 § 6.424]
a.
The determination of the facts shall indicate that an appropriate
application was submitted to the Enforcing Officer and was disapproved
by him, the nature and extent of the proposed use, the special reasons
as submitted to the Board for consideration in support of the request
to permit a use in a district from which it is otherwise excluded
by this chapter. And, at the discretion of the Board, the transmittal
of the appropriate documents to the Planning Board for review.
b.
The report and recommendations, if any, of the Planning Board shall
be summarized.
c.
The findings shall include the following as a minimum:
1.
The special reasons as set forth, apply to the particular property
and do not apply generally in the neighborhood.
2.
The same general purposes cannot be accomplished by amendment of
the Zoning Ordinance or the Official Zoning Map as provided for in
this chapter.
3.
The use is one that is otherwise a legal use permitted elsewhere
in the Town under the provisions of this chapter.
4.
The use will be compatible with the general character of the neighborhood.
5.
The use will not cause substantial injury to the value of property
in the neighborhood.
6.
The use is so designed, located and proposed to be operated that
the public health, safety and convenience will be protected.
7.
The variance, if granted, will not result in substantial detriment
to the public good and will not impair the intent and purpose of the
Comprehensive Development Plan or the Zoning Ordinance.
d.
Should the Planning Board recommend any special conditions to the
approval of a use variance, the resolution may describe such recommendations
and the action taken by the Board of Adjustment with respect to each
of them.
[Ord. 3/87 § 6.500]
Appeals to the Board of Adjustment may be filed by any interested
party affected by any decision of an administrative officer, board
or agency of the Municipality based on, or made in, the enforcement
of the Zoning Ordinance or Official Map. Such appeal shall be made
within 20 days by filing a notice of appeal in writing with the officer
from whom the appeal is taken specifying the grounds of such appeal.
The officer from whom the appeal is taken shall immediately transmit
to the Board all papers constituting the record upon which the action
appealed from was taken.
[Ord. 3/87 § 6.510]
An appeal shall be made in writing on the forms prescribed by
the Board of Adjustment. Each appeal shall cite the specific provisions
of this chapter that are involved and shall fully set forth the circumstances
of the case, the interpretation that is claimed on an allegation of
error, the variance that is applied for and the grounds on which it
is claimed that the same should be granted, the use for which a special
permit is required, and any other such information that the Board
may require.
[Ord. 3/87 § 6.511]
a.
The Board shall render a decision not later than 120 days after the
date an appeal is taken from the decision of the administrative officer.
b.
Failure of the Board to render a decision within the 120-day period
or within such further time as may be consented to by the applicant,
shall constitute a decision favorable to the applicant.
[Ord. 3/87 § 6.512]
a.
Upon receipt of an appeal, the Board shall fix a reasonable time
for a hearing, giving the notice thereof to the appellant.
b.
Within 30 days of the filing of an appeal, the Board shall publish
a notice of the time and place of a public hearing of such appeal
or application in a local newspaper of general circulation in the
Town.
c.
At least 10 days prior to the date set for the hearing, the Board
of Adjustment shall post on the land or building involved in any appeal
for a variance or application for a special permit, a notice of said
hearing and a statement indicating clearly both the property affected
and the nature of the proposal.
d.
At least 10 days prior to the date set for the hearing, the appellant
shall give personal notice to all owners of property situated within
200 feet of the property affected by such appeal.
1.
If the owners are the occupants of the property affected by the appeal,
such notice may be either by registered mail or by personal service
at their usual place of abode.
2.
If the owners are not residents of the Town, such notice may be given
by sending written notice by registered mail to the last known address
of the owner or owners as shown on the most recent tax list of the
Town.
3.
Where an owner is a partnership, service upon any partner shall be
sufficient, and where the owner is a corporation, service on any officer
shall be sufficient.
4.
The appellant shall by affidavit present proof to the Board of Adjustment
at the time of the hearing that said notices have been duly served
as aforesaid.
5.
Any party may appear at the hearing in person, by agent or by attorney.
[Ord. 3/87 § 6.513]
Immediately upon receipt of an appeal, the Board of Adjustment
shall forward a copy of the appeal to the Planning Board. The Planning
Board may submit to the Board of Adjustment an advisory opinion on
such appeal at any time prior to the rendering of a decision.
[Ord. 3/87 § 6.514]
a.
Unless otherwise specified by the Board of Adjustment, a decision
on any appeal for a variance or application for a special permit shall
expire without further notice if the applicant fails to obtain any
necessary building permit or to comply with the conditions of an authorized
permit within one year from the date of such decision.
b.
An extension of time may be granted by the Board of Adjustment because
of the occurrence of conditions unforeseen at the time of the original
action. An application for an extension of time shall be subject to
the same procedures as specified for the original issuance of the
variance or special permit.
[Ord. 3/87 § 6.515]
Once the Board of Adjustment has heard all the evidence presented
upon an application or appeal as provided in this chapter, and denies
the same, the Board shall refuse to hold further hearings on the substantially
similar application or appeal by the same applicant, successor, or
assignee for a period of six months.
If the Board of Adjustment determines from the information supplied
with a request for a rehearing that changed conditions have occurred
relating to the promotion of the public health, safety, convenience,
comfort, prosperity, and general welfare, the appeal or application
may be considered within the six-month period.
[Ord. 3/87 § 6.521]
The Zoning Ordinance must be substantially consistent with the
land use element of the Master Plan of the Town, pursuant to the Municipal
Land Use Law, Chapter 291, Laws of N.J.; 1975. At least 30 days prior
to final action of the governing body, the Zoning Ordinance and any
revisions and/or amendments shall be referred to the Planning Board
for review and comment.
[Ord. 3/87 § 6.522]
The Zoning Board of Adjustment shall forward all applications
for special permit uses to the Planning Board for review and comment
at least 30 days prior to any action or scheduled public hearing.
The Zoning Board may, at its discretion, forward any applications
for any variance to the Planning Board for review and comment prior
to any action or scheduled public hearing.
[Ord. 3/87 § 6.523]
The Board of Adjustment shall forward to the Planning Board
all relevant material pursuant to appeals, applications and variances
as required. Such material shall include but shall not be limited
to the following:
[Ord. 3/87 § 6.524]
The Planning Board shall review each item before it with respect
to but not limited to:
[Ord. 3/87 § 7.000]
Any person may file a complaint if there is any reason to believe
a violation of this chapter exists. All such complaints must be in
writing and shall be filed with the Enforcing Officer, who shall record
such complaint and immediately investigate. Upon his becoming aware
of any violation of any provisions of this chapter, the Enforcing
Officer shall serve notice of such violation on the person committing
or permitting the same, and if such violation has not ceased within
such reasonable time as the Enforcing Officer has specified in such
notice, he shall institute such action as may be necessary to terminate
the violation.
[Ord. 3/87 § 7.100]
In the event that any structure is erected, altered or repaired,
or used in violation of this chapter, the Enforcing Officer, in addition
to other remedies, may institute any appropriate legal action or proceedings
to prevent such unlawful construction, alteration, or repair, or abate
such violation and to prevent the occupancy of the structure or land.
[Ord. 3/87 § 7.200]
It shall be the duty of the Enforcing Officer, to strictly enforce all the provisions of this chapter. The general agent, architect, builder, contractor, owner or tenant, or any other person who commits, takes part or assists in any violation of this chapter or who maintains any building or premises in which any violation of this chapter shall exist, shall for each and every day that such a violation continues, be liable to the penalty stated in Chapter 1, Section 1-5.
Anything in this chapter to the contrary notwithstanding, no
submission to or final report, action or approval by Planning Board
shall not be required or authorized, under this temporary interim
ordinance, until adoption of land use element of comprehensive development
plan and final permanent Zoning Ordinance and related ordinances,
upon which adoption, the Planning Board and Board of Adjustment shall
commence full operations and functions, under this and any succeeding
ordinance. While this interim ordinance is in effect, the role of
the Planning Board shall be advisory, except that variances shall
require approval of the Planning Board or Board of Adjustment, according
to law.
[Ord. 3/87 § 8.000]
[Ord. 3/87 § 8.200; Ord. No. 005-10 § I, 28-28.2]
The Board of Adjustment reserves the right to assess any fees
or charges that it deems reasonable in conjunction with the discharge
of its duties.
[Ord. 016/96; Ord. #003/05]
a.
Escrow Deposits. The Planning Board shall require, in addition to
its base application fees, escrow deposits in accordance with the
provisions of this section. Such deposits shall be utilized to pay
the cost of any professional services incurred for the review of an
application for development to the Board. The Town shall make all
of the payments to professionals for services rendered to the municipality
for review of applications for development, review and preparation
of documents, inspection of improvements or other purposes under the
provisions of N.J.S.A. 40:55D-1 et seq. The deposit received from
an applicant shall be placed in an escrow account pursuant to the
provisions of N.J.S.A. 40:55D-53.1. Such deposit shall be utilized
to pay the cost of any professional services incurred for the review
of an application for development to the Board and may also be utilized
to pay the cost of review and/or testimony by an expert witness or
witnesses retained by the municipal agency. All payments charged to
the deposit shall be pursuant to vouchers from the professionals stating
the hours spent, the hourly rate and the expenses incurred. The municipality
shall render a written final accounting to the applicant on the uses
to which the deposit was put. Thereafter the municipality shall, upon
written request, provide copies of the vouchers to the developer.
Payment due professionals retained by the municipality shall be made
upon receipt of adequate moneys from applicants for development.
b.
Professional Services Defined. The term "professional services,"
as utilized herein, shall include the services of a duly licensed
engineer, surveyor, planner, attorney, scientist, realtor, appraiser,
certified shorthand reporter or other professional or expert who provided
services for review, advice, preparation of reports and/or expert
testimony, for inspection of the property and surrounding area and
for tests performed, in order to assist the Board in the review of
the application before it.
c.
Amount of Escrow. Subject to the provisions of paragraph d below,
each applicant shall, prior to his/her or its application being ruled
complete pursuant to the provisions of the Municipal Land Use Law
and this section, submit the sums requested pursuant to Schedule A
hereof[1] to the Chief Financial Officer of the Town of Guttenberg.
[1]
Editor's Note: Schedule A, referred to herein, is included as an attachment to this chapter.
d.
Completeness of Application; Escrow Fees.
1.
Within 45 days after the filing of an application for development,
the Planning Board or its authorized committee or designee, as the
case may be, shall, in connection with the appropriate representatives
of the staff of the Town of Guttenberg, review said application for
development to determine whether the escrow amount set forth above
is adequate. In conducting such review, said Board shall consider
the following criteria:
(a)
The presence or absence of public water and/or sewer servicing
the site.
(b)
Environmental considerations, including but not limited to geological,
hydrological and ecological factors.
(c)
The traffic impact of the proposed development.
(d)
The impact of the proposed development on existing water quality.
(e)
Any other unique land use concerns relating to the application.
2.
Upon completion of said review and within said forty-five-day period,
the Board or its authorized committee shall adopt a resolution specifying
whether the escrow amount specified above is sufficient, excessive
or insufficient. In the event that the Board or its authorized committee
shall determine that the amount is excessive, it shall in the resolution
specify the amount that shall be deemed sufficient, including a specification,
if appropriate, that no escrow be posted. In the event that the Board
or its authorized committee shall determine that the amount specified
above is insufficient, it shall so specify and shall further set forth
the amount required to be posted in light of the criteria specified
herein.
3.
No application for development shall be deemed complete until such
time as the applicant shall have posted with the Town of Guttenberg
in cash, certified check or money order the amount of escrow deposit
determined by the Planning Board to be required in accordance with
the provisions of this section.
e.
Additional Escrow Deposits.
1.
The Board may require additional escrow deposits by the applicant
to be posted during the course of the review of an application, provided
that:
(a)
The original amounts escrowed pursuant to this section have
been exhausted; and
(b)
Additional professional services or expert services must reasonably
be incurred because of the presence of one or more factors enumerated
in paragraph d above, in order to complete the review of the application
and to properly decide the same.
2.
In the event that additional escrow moneys are required they shall
not be deemed items required for the application to be complete but
may be required as additional information reasonably required to decide
the application. Their payment shall be required as a condition of
any approval granted.
f.
Charge for Certain Professional Services to the Applicant. Applicants
shall be responsible to reimburse the Town with regard to certain
specific professional services in accordance with the following:
1.
The applicant shall be required to reimburse the Town for the cost
of attendance by the Town's professional personnel at any meeting
of the Town agency or board at which a hearing is held on the application.
However, where hearings on other applications are held at the same
meeting at which the attendance of the Town's professional personnel
are also required, the cost of the attendance of the Town's professional
personnel shall be reimbursed to the Town on a pro rata basis.
2.
The Town shall be entitled to be reimbursed for attendance of its
professional personnel at special meetings of a Town agency or Board
which were requested to be called by the applicant.
3.
The applicant shall pay for the review of any revisions of the applications
or maps in the event that the application is declared incomplete.
4.
The cost of the preparation of a resolution or memorializing resolution
setting forth the findings of fact and conclusions of law of the Town
agency or board with respect to an application shall be reimbursable
to the Town.
5.
The fees for other professional services incurred by the Board shall
be reimbursed by the applicant to the Town.
g.
Reasonable Charges for Professional and Expert Services. No professional
personnel submitting charges to the Town for any of the services referred
to in this subsection shall charge for any of the services at any
higher rate or in any different manner than would normally be charged
the Town for similar work, as ascertained by the professional's contract
of employment with the Town or by provisions of the Municipal Salary
Ordinance. The charges shall be reasonable.
h.
Deposit of Escrow Funds; Refunds. Deposits received from any applicant
shall be held by the Chief Financial Officer in a special interest-bearing
deposit account, and upon receipt of bills for professionals duly
approved by the Board, or governing body, as appropriate, the Chief
Financial Officer may use such funds to pay the bills submitted by
such professionals or experts. All sums not actually so expended and
any interest earned thereon shall be refunded to the applicant within
60 days after the final decision by the appropriate Board with respect
to such application, upon certification by the Board Secretary that
such application has been finally decided and all professional fees
have been paid.
i.
Reimbursement for Inspection of Improvements. The applicant shall
reimburse the Town for all reasonable inspection fees paid to the
Town Engineer for the inspection and/or testing of improvements. The
Town may require the applicant to make a deposit for all or a portion
of the reasonably anticipated fees to be paid for the Town Engineer
for such inspections pursuant to N.J.S.A. 40:55D-53h.
j.
Inspection of Improvements. All of the improvements in a subdivision
or site plan shall be inspected and approved by the Town Engineer.
The subdivider or his, her or its agent, employee or contractor shall
notify the Town Engineer and the Secretary of the reviewing Town Board
when the work is ready for any required inspection specified herein
or required to be performed by the Town Engineer, the Construction
Official or the appropriate subcode official. This notice shall be
given at least 48 hours prior to the time the inspection is desired.
The inspection shall be performed within three business days of the
time for which it was requested; however, failure to inspect within
three business days shall in no way constitute approval of the work.
The work shall not proceed in a manner which shall preclude the inspection
until it has been made. No underground installation shall be covered
until inspected and approved.
k.
Liens on Property.
1.
Should any fees for applications for development, expert witness
fees, consultant's fees, review fees, inspection fees or fees of any
nature connected with an application for development be due and unpaid
by an applicant for development and/or owner of a subject property
for a period of 14 days after written notice of the amount due was
mailed to the owner and applicant, the Town Clerk or Mayor or Assistant
Clerk or other officer or employee of the Town of Guttenberg may execute
a written statement of lien showing the amount due to the Town and
may record the same in the Hudson County Register's and/or Clerk's
office as a lien on the subject property. The lien shall include interest
at the rate of 12% per annum, recording fees and a reasonable attorney's
fee.
2.
Should the lien remain unpaid, the Town Tax Collector, Clerk or other
officer authorized by the Mayor and Board of Council shall have the
power to foreclose the property to collect the amount of the lien,
together with interest, attorney's fees and recording fees pursuant
to N.J.S.A. 54:5-19 et seq., and other applicable laws of the State
of New Jersey.
l.
Special Meetings. Special meetings may be requested by a motion of
the Joint Planning/Zoning Board Chairman or two commissioners for
Board approval.
Special meetings may be requested by an applicant and approved
by the Joint Planning/Zoning Board Chairman or two commissioners for
Board approval and the payment of fees.
1.
Fees — Minor Site Plan Application.
Minor site plan application with or without a minor subdivision.
Maximum development — two — two-family
dwellings on two — 25 by 100 lots with or without
a subdivision.
|
First 3-hour meeting
|
$1,000
|
|
Second 3-hour meeting
|
$750
|
|
* If application is not completed at the first meeting, a second
special meeting must be requested. Application may not be continued
to a regular meeting. Decision may be memorialized by resolution at
next regular meeting.
|
|
Two minor applications may be heard at a special meeting called
by an attorney; however, the fees apply to each application. No sharing
of fees is permitted.
|
2.
Fees — Major Site Plan Application.
Major site plan application with or without minor or major subdivision.
This includes garden apartments, mid-rise or high-rise apartments,
condominium buildings, and three or more lots each being developed
with a one- or two-family dwelling.
|
First 3-hour meeting
|
$1,500
|
|
Second 3-hour meeting
|
$1,000
|
|
* If an application is not completed at the first meeting, it
must be continued to a second special meeting. Application may not
be continued to a regular meeting. Decision may be memorialized by
resolution at the next regular meeting.
|
|
The Board, when acting upon applications, shall have the power,
for good cause shown, to grant a remission or waiver from all or any
portion of the fee schedules hereinabove established based upon any
of the following: (1) the nonprofit status of the applicant; (2) a
determination that collection of the fees would constitute an economic
hardship upon the applicant; (3) the unique characteristics of the
application, making collection of the full fees substantially disproportionate
to the regulatory costs applicable to reviewing the application; or
(4) for other good cause established in the record.
|
|
The fees set forth in the aforementioned schedules are exclusive
of any other charges which may be required by the Town to cover the
costs of the furnishings of copies, ordinances, list or property owners,
or transcripts, or the inspection of buildings or improvements in
conjunction with the issuance of construction permits or Certificates
of Occupancy.
|
|
Fees for Court Recorder are payable from the escrow account
of the applicant. Court Recorder fees are charged per applicant and
per meeting.
|
|
Fees for professional review by Board Engineer and Board Attorney
are payable from the escrow account of the applicant.
|
|
The Board may refuse to grant a special meeting at its discretion,
or due to lack of available commissioners or an available date.
|
|
Zoning Board applications requiring seven commissioners (use
variance) may be granted a new special meeting with the fee waived
if seven commissioners fail to attend the meeting. Publication of
the revised date will be the responsibility of the Board Secretary.
If it is necessary to re-notice, this will be the responsibility of
the applicant.
|
|
Failure to appear by witnesses for the applicant that cause
the Board to be unable to hear the case will necessitate the applicant
to request another special meeting at the required fee. Improper notice
by the applicant that causes the Board to lack jurisdiction to proceed
with the hearing will cause the applicant to request another special
meeting for the required fee and re-notice and republish at the applicant's
expense.
|
m.
Waiver of Fees. Any board, agency, committee or entity of the Town
of Guttenberg may make application to the Planning Board without the
requirement for making payment of any of the fees hereinabove provided.
Notwithstanding any other provision of this subsection to the contrary,
the Planning Board may waive any base application fees or supplemental
base application fees, or portions thereof as hereinabove provided,
for nonprofit organizations and other organizations, persons or entities
where it is deemed to be in the best interests of the Town of Guttenberg;
provided, however, that the Planning Board shall not be empowered
to waive the making of a review fee escrow deposit absent the concurrence
of the Mayor and Board of Council, which concurrence shall be expressed
in a formal resolution of the Mayor and Board of Council adopted by
2/3 of the full membership thereof.
A computer generated error in the 200-foot list which causes
the Board to lack jurisdiction to proceed will entitle the applicant
to a rescheduled special meeting with the fee waived for a corrected
200-foot list and the rescheduled meeting. However, re-notice and
republication, if necessary, will still be the responsibility of the
applicant.
[Ord. 3/87 § 9]
All ordinances or parts of ordinances in conflict with this
chapter to the extent of such conflict and no further, are hereby
repealed.
[Ord. 3/87 § 10]
This chapter shall take effect immediately, subsequent to the
adoption thereof.
[Ord. No. 005-10 § I,
28-31.1]
a.
Intent. The intent of this section is to establish general guidelines
for the placement and appearance of wireless telecommunications facilties
in a manner that achieves the stated goals of this section.
b.
Goals. The goals of this section are to:
1.
Protect residential areas and land uses from potential adverse impacts
of towers and antennas.
2.
Encourage the location of new towers in industrial areas.
3.
Minimize the total number of towers and antennas throughout the community.
4.
Strongly encourage the joint use of new and existing tower sites
as a primary option rather than construction of additional single-use
towers.
5.
Encourage wireless telecommunications carriers to locate towers and
antennas, to the extent possible, in areas where the adverse impact
on the community is minimal.
6.
Minimize adverse visual impacts associated with the proliferation
and clustering of towers.
7.
Encourage wireless telecommunications carriers to configure them
in a way that minimizes the adverse visual impact of the towers and
antennas through careful design, siting, landscaping screening and
innovative camouflaging techniques.
8.
To the greatest extent feasible, ensure that towers and wireless
telecommunications facilities are compatible with surrounding land
uses.
9.
Enhance the ability of the wireless telecommunications carriers to
provide such services to the community quickly, effectively and efficiently.
10.
Consider the public health and safety as it relates to wireless telecommunications
facilities.
11.
Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures.
[Ord. No. 005-10 § I,
28-31.2]
a.
Any word or term not defined herein shall be as defined in subsection 28-2.2 (Town of Guttenberg's Zoning Ordinance). Any word or term not defined herein or in subsection 28-2.2 shall be as defined in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., or shall be utilized in standard usage for the context in which the word is used.
b.
Word Usage. In interpreting this section, words in one tense shall
include other tenses or derivative forms; words in the singular shall
include the plural and in the plural, the singular; either gender
shall include the other; the word "shall" is mandatory; the word "may"
is permissive.
c.
ALTERNATIVE TOWER STRUCTURE
ANTENNA
BACKHAUL NETWORK
COLLOCATION
FAA
FCC
GOVERNING AUTHORITY
HEIGHT
MOUNT
MUNICIPAL LAND USE LAW
PLANNING BOARD
PREEXISTING TOWERS AND ANTENNAS
PUBLIC OFFICER
TARGETED MARKET COVERAGE AREA
TOWER
TOWER RECONSTRUCTION
TOWER, GUY
TOWER, LATTICE
TOWER, MONOPOLE
WIRELESS TELECOMMUNICATIONS
WIRELESS TELECOMMUNICATIONS ANTENNA
WIRELESS TELECOMMUNICATIONS CARRIER
WIRELESS TELECOMMUNICATIONS FACILITY
WIRELESS TELECOMMUNICATIONS SERVICES
Definitions. As used in this Section 28.31, the following words shall
have the meanings as indicated:
Shall mean and include but shall not be limited to water
towers, manmade trees, clock towers, bell steeples, light poles and
similar alternative design mounting structures that camouflage or
conceal the presence of antennas or towers.
Shall mean any exterior apparatus designed for telephonic,
radio or television communications through the sending and/or receiving
of electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunications signals or
other communications signals. Parabolic dish antennas used for satellite
communications shall not be included within this definition.
Shall mean the lines that connect a provider's towers/cell
sites to one or more cellular telephone switching offices and/or long
distance providers or the public switched telephone network.
Shall mean when wireless telecommunications facilities for
two or more wireless telecommunications carriers are placed together
on the same tower, alternative tower structure or building.
Shall mean the Federal Aviation Administration.
Shall mean the Federal Communications Commission.
Shall mean the Mayor and Council of the Town of Guttenberg
or the Town of Guttenberg.
Shall mean when referring to a tower or antenna, the vertical
measurement from the highest point in elevation of the tower or antenna
to the average finished grade/elevation adjoining the foundation of
the tower, building or structure.
Shall mean the surface or structure upon which antennas are
mounted, including building mounted, tower mounted and structure mounted.
Shall mean the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
Shall mean the Town of Guttenberg Joint Planning/Zoning Board
whose statutory authority is defined by the Municipal Land Use Law,
N.J.S.A. 40:55 D-1 et seq.
Shall mean any tower or antenna on which a permit has been
properly issued prior to the effective date of this section. This
includes permitted towers or antennas that have not yet been constructed
so long as such approval is current and not expired. Any such towers
or antennas shall be referred to in this section as "preexisting antennas"
and "preexisting towers."
Shall mean the Zoning Official of the Town of Guttenberg.
Shall mean the area that is targeted to be served by a proposed
wireless telecommunications facility.
Shall mean any structure that is designed and constructed
primarily for the purpose of supporting one or more antennas, including
but not limited to self-supporting lattice towers, guy towers or monopole
towers. The term includes radio and television transmission towers,
microwave towers, common-carrier towers, cellular telephone towers,
alternative tower structures and the like. The term includes the structure
and any support thereto.
Shall mean demolition and rebuilding of a tower on the same
lot where the center point of the newly constructed tower is located
no greater than 10 feet from the center point of the demolished tower.
For the purpose of this definition, the center point of a tower shall
be the geographic midpoint of the tower and all support structure
as depicted in plan view.
Shall mean a type of tower that is supported or braced through
the use of cables (guy wires) which are permanently anchored.
Shall mean a type of tower that is self-supporting, generally
constructed of vertical metal struts and cross braces forming a structure
which often tapers from the bottom to the top of the tower and is
securely anchored to a foundation.
Shall mean a type of tower that is constructed of a single
self-supporting shaft of wood, steel or concrete and a platform (or
racks) for panel antennas arrayed at the top.
Shall mean the transmission of information of the user's
choosing, such as voice, data, text, sound and/or video, using wireless
telecommunications networks, between or among points specified by
the user(s), without change in the form or content of the information
as sent and received.
Shall mean a type of antenna that is used specifically for
the purpose of providing wireless telecommunications services.
Shall mean any business establishment engaged in the offering
of personal wireless telecommunications services. The term "carrier"
or "provider" shall be synonymous with wireless telecommunications
carrier.
Shall mean an unstaffed or staffed facility designed for
the transmission and/or reception of radio frequency (RF) signals
for the purpose of providing personal wireless telecommunications
services as defined in the Federal Telecommunications Act of 1996.
These facilities include but are not limited to: buildings, cabinets,
other structure and facilities, generating and switching stations,
repeaters, antennas, transmitters, receivers, towers and all other
buildings and structures linking the wireless network of RF signal
devices to conventional wired and other communications systems.
Shall mean the offering of personal wireless telecommunications,
as regulated in the Federal Telecommunications Act of 1996, for a
fee directly to the public, or to such classes of users as to be effectively
available directly to the public. Wireless telecommunications services
include those services such as cellular, personal communications services
(PCS), specialized mobile radio (SMR), enhanced specialized mobile
radio (ESMR), paging and similar services that currently exist or
may be developed in the future.
[Ord. No. 005-10 § I,
28-31.3]
a.
New Towers and Antennas. All new towers, antennas and wireless telecommunications
facilities in the Town of Guttenberg shall be subject to the regulations
of this section, except as provided in paragraphs b through f, inclusive.
b.
District Height Limitations. The requirements set forth in this section
shall govern the location of towers that exceed, and antennas that
are installed at a height in excess of, the height limitations specified
for each zoning district. The height limitations applicable to buildings
and structures shall not apply to towers and antennas.
c.
Amateur Radio; Receive-Only Antennas. This section shall not govern
any tower or the installation of any antenna that is under 70 feet
in height and is owned and operated by a federally licensed amateur
radio station operator or is used exclusively as a reception-only
antenna. Any permits under this section shall be subject to the appropriate
federal regulations.
d.
Preexisting Towers and Antennas. Preexisting towers and preexisting
antennas, as defined herein, shall not be required to meet the requirements
of this section other than provisions specifically relating to Federal
requirements, building codes, safety standards and monitoring report
requirements.
e.
AM Array. For purposes of implementing this section, an AM array,
consisting of one or more tower units and supporting ground system
which functions as one AM broadcasting antenna, shall be considered
one tower. Measurements for setbacks and separation distances shall
be measured from the outer perimeter of the towers included in the
AM array. Additional tower units may be added within the perimeter
of the AM array by right.
f.
Satellite Dishes. This section shall not govern any satellite dish
presently regulated under the Town Code.
[Ord. No. 005-10 § I,
28-31.4]
a.
Principal or Accessory Use or Structure. Antennas and towers shall
be considered principal uses and structures regardless of whether
or not a wireless telecommunications facility is the sole use of the
lot. A different existing principal use of an existing structure on
the same lot shall not preclude the installation of an antenna or
tower on such lot. All other structures and ancillary facilities shall
be considered accessory uses and structures.
b.
Lot Size and Setbacks. For the purpose of determining whether the
installation of a tower or antenna complies with zoning regulations,
including but not limited to setback requirements, lot-coverage requirements
and other such requirements, the dimensions of the entire lot shall
control, even though the antennas or towers may be located on leased
parcels within such lots.
c.
Measurement. For purposes of measurement, tower setbacks and separation
distances shall be calculated and applied irrespective of municipal
and county jurisdictional boundaries.
d.
Not Essential Services. Wireless telecommunications facilities, towers
and antennas shall be regulated and permitted pursuant to this section
and shall not be regulated or permitted as essential services, public
utilities or private utilities.
e.
Multiple Antenna/Tower Plans. The Town of Guttenberg encourages the
users of towers and antennas to submit a single application for approval
of multiple towers and/or antenna sites. Applications for approval
of multiple sites shall be given priority in the review process.
f.
Availability of an Alternative Suitable Site/Structure Analysis. No wireless telecommunications facility not meeting all of the required minimum separation distance or conditional use standards set forth in this section shall be permitted unless the applicant affirmatively demonstrates that no other site, existing tower or structure or alternative technology that does not require the use of towers or structures is available that can accommodate the applicant's targeted market coverage area in full compliance with the separation distance or conditional use standard. Evidence to demonstrate the absence of any other available option shall include a written report as specified in the submission requirements subsection (§ 28-31.11) of this section.
[Ord. No. 005-10 § I,
28-31.5]
a.
Wireless telecommunications facilities operated under the regulations
of the FCC and/or the Federal Telecommunications Act of 1996 shall
be permitted in certain zoning districts in accordance with the provisions
set forth in this section, subject to site plan review and approval.
b.
Wireless telecommunications facilities not expressly permitted are
hereby prohibited.
c.
Wireless Telecommunications Facilities as a Permitted Use. A wireless
telecommunications facility located on a property owned, leased or
otherwise controlled by the governing authority shall be considered
a permitted use, in accordance with the following provisions and exemptions:
1.
A lease authorizing such wireless telecommunications facility shall
be approved by resolution of the governing authority. The decision
to extend such leases to an applicant or carrier shall be vested solely
with the governing authority.
2.
Site plan approval requirements of this section may be exempted;
however, the governing authority may, as a condition of such lease,
require site plan approval.
3.
The facility shall be exempt from all zoning/bulk standards except
that towers and antennas shall not exceed maximum height restrictions
established in this section for a permitted use. Performance and design
standards shall be applicable.
[Ord. No. 005-10 § I,
28-31.7]
a.
Applicability. The requirements contained in this section shall govern
all wireless telecommunications facilities that are specified as a
conditional use in certain zoning districts. All requirements contained
in this section shall be considered conditional use standards.
c.
Maximum Antenna Height. No antenna shall extend above the following
maximum height standards:
1.
Antennas mounted on an existing building or existing alternative
tower structure shall not exceed by more than 20 feet, or 20% of the
existing height of the building or structure, whichever is less.
2.
Antennas mounted on an existing or reconstructed tower shall not
exceed the height of the existing tower.
d.
Tower Reconstruction Provisions. Tower reconstruction, as defined
herein, shall be in accordance with all of the following:
1.
Demolition and reconstruction of a tower that does not meet the definition
of tower reconstruction shall not be permitted, conditionally or otherwise.
2.
Reconstruction of an existing tower shall only be reconstructed as
a monopole tower.
3.
Reconstruction of an existing tower may be demolished and rebuilt
to a height no greater than the demolished tower. The antenna height
shall not exceed the height of the reconstructed tower.
4.
Reconstruction of an existing tower shall be exempt from the separation
requirements otherwise applicable as conditional use standards.
[Ord. No. 005-10 § I,
28-31.8]
a.
Aesthetics.
1.
Towers shall maintain a galvanized steel finish, subject to any applicable
standards of the FAA, and be painted a neutral color so as to reduce
visual obtrusiveness. Color shall be selected to be consistent with
the color scheme of surrounding buildings or structures.
2.
The design of the buildings and related structures shall, to the
extent possible, use materials, colors, textures, screening and landscaping
that will blend the tower facilities to the natural setting and built
environment.
3.
If an antenna is installed on a structure other than a tower, the
antenna and supporting electrical and mechanical equipment must be
of a neutral color that is identical to, or closely compatible with,
the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
4.
The use of stealth designs and camouflage structures, materials and
treatments (trees, steeples, clock towers, etc.) shall be utilized
in locations where vegetative conditions or architectural conditions
warrant such treatments.
b.
Wiring. The maximum linear distance of an aboveground cable/wiring
conduit running between an antenna mounting structure and the equipment
structure shall be no greater than 25 feet; cable conduits longer
than 25 feet shall be installed below grade. On building-mounted sites,
no cable/wiring shall be permitted on the front or side facades of
the building; wiring shall be installed within the interior of the
building or on the rear facade only.
c.
Lighting. Towers shall not be artificially lighted unless required
by the FAA or other applicable authority. If lighting is required,
the reviewing board may review the available lighting alternatives
and approve the design that would cause the least disturbance to the
surrounding views.
d.
Signs. Other than typical "warning," "emergency" and equipment information
signs, no signs shall be permitted. Emergency signs shall be on plates
attached to the tower or building and shall not exceed two square
feet in area.
e.
Parking. Minimal off-street parking shall be permitted as needed.
f.
Connections to Wired Telephone Service. No antenna shall be located
on any tower in order to provide direct landline telephone service;
such service shall be provided via existing telephone lines if available
to the site or by the underground extension of telephone lines to
the site if necessary.
[Ord. No. 005-10 § I,
28-31.9]
a.
Bulk Standards. Equipment cabinet or structures shall comply with
the following requirements which are deemed to be zoning/bulk standards:
1.
The cabinet or structure shall not contain more than 100 square feet
of gross floor area per carrier.
2.
Ground level cabinets shall conform to principal building setback
requirements of the applicable zone district.
3.
The cabinet or structure shall not be more than 15 feet in height.
4.
For wireless telecommunications facilities on buildings or structures
which are less than 65 feet in height, the related unmanned equipment
structure, if over 200 square feet of gross floor area or over 12
feet in height, shall not be located on the roof of the structure
or building.
5.
If the equipment cabinet or structure is located on the roof of a
building, the area of the equipment structure and other equipment
and structures shall not occupy more than 15% of the roof area.
b.
Performance and Design Standards. Equipment cabinet or structures
shall comply with the following requirements which are deemed to be
performance and design standards:
1.
In a front yard area or visible from a public street, the cabinet/structure
shall be constructed as a building of an identical architectural design
of surrounding buildings. An ornamental foundation planting shall
be provided around the base of the building.
2.
In a side or rear yard area not visible from a public street, the
cabinet/structure shall be screened by an evergreen hedge with an
ultimate height no less than 12 feet and a planted height of at least
six feet.
3.
If on a structure other than a tower, the equipment cabinet or structure
must be of a neutral color that is identical to, or closely compatible
with, the color of the supporting structures so as to make the equipment
structure as visually unobtrusive as possible.
4.
One light may be provided at the entrance of the equipment structure,
provided that the light is attached to the structure, is focused downward
and is switched so that the light is turned on only when workers are
at the site.
5.
Collocation facilities shall provide a single integrated and attached
equipment building to be shared by all carriers. The building may
have multiple access doors, each dedicated to each carrier; however,
a single common entryway door is encouraged.
6.
The equipment storage buildings or cabinets shall be sufficiently
insulated so that any noise generated from the equipment shall not
exceed the noise levels permitted by any ordinances of the Town of
Guttenberg or laws or regulations of the State of New Jersey.
7.
Equipment storage buildings or cabinets shall comply with all applicable
building codes.
[Ord. No. 005-10 § I,
28-31.10]
The Planning Board may retain technical consultants, as it deems
necessary, to provide assistance in the review of the site plan application
and site location alternatives analysis (if so applicable). The applicant
(and/or carrier) shall bear the reasonable cost associated with such
consultation, which cost shall be deposited in accordance with the
Towns' escrow policies.
[Ord. No. 005-10 § I,
28-31.11]
a.
Site Plan Required. Notwithstanding any other provisions excepting
site plan approval, no wireless telecommunications facilities shall
be permitted without site plan approval, unless it is expressly authorized
in this section.
b.
Supplementary Submission Checklist Requirements. In addition to a complete site plan submission, including all site plan detail requirements as set forth in Chapter 17, Land Subdivision and Site Plan Review, the following shall be required at the time of submission:
1.
Visual impact analysis, including the following:
(a)
Computer-generated digital photographs representing "before
and after" construction must be included which depicts all aspects
of the facility such as antennas, support structures, ancillary facilities
and wiring.
(b)
Reduction of visual impact statement. A statement that is certified
by the applicant must be provided which states that every reasonable
measure has been taken to assure that the proposed communications
tower, antenna and/or accessory structure will be placed in a reasonably
available location which will minimize the visual impact of the surrounding
area (i.e., adjacent public rights-of-way) in accordance with minimum
standards of applicable federal and other regulations.
2.
Radio frequency (RF) coverage analysis, including the following:
(a)
Computer-generated coverage analysis accompanied by actual drive
test measurements.
(b)
Drawing or plan of the applicant's existing level of coverage
in the Town of Guttenberg and within 1/2 mile of the municipal boundary.
(c)
Drawing or plans of the applicant's "targeted market coverage
area" of the site plan application.
3.
Inventory of Existing Sites. An inventory of all existing towers,
antennas or sites approved for towers or antennas that are either
within the jurisdiction of the governing authority or within 1/2 of
a mile of the border thereof, including specific information about
the location, height and design of each tower. The Planning Board
may disseminate information pursuant to the Right To Know Law or any
other law or regulation pertaining to the dissemination of public
records to any organization seeking to locate antennas within the
jurisdiction of the governing authority provided, however, that the
Planning Board is not, by disseminating such information, in any way
representing or warranting that such sites are available or suitable.
4.
Availability of An Alternative Suitable Site/Structure Analysis,
if Applicable. A written report that sufficiently demonstrates the
absence of any other available option that would comply with minimum
separation distance requirements or conditional use standards of this
section. Evidence submitted as part of the report may consist of any
of the following:
(a)
No existing towers or structures are located within the geographic
area required to meet the applicant's engineering requirements.
(b)
Existing towers or structures are not of sufficient height to
meet the applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural
strength to support the applicant's proposed antenna and related equipment.
(d)
The applicant's proposed antenna would cause electromagnetic
interference with the antennas on the existing towers or structures
or the antennas on the existing towers or structures would cause interference
with the applicant's proposed antenna.
(e)
The fees, costs or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding new
tower development are presumed to be unreasonable.
(f)
The applicant demonstrates that there are significant other
limit factors that render existing towers and structures unsuitable.
(g)
The applicant shall have the affirmative obligation of proving
that it has attempted to enter into a contract with the owners of
an existing tower, structure or other more suitable site.
(1)
This obligation shall include copies of all correspondence as
to rates, cost of contributions, etc.
(2)
Copies of rejection of the offers propounded on the applicant
by the owners of the existing structure and/or tower.
(3)
Written cost proposals indicating actual quoted figures required
by the owner of the existing structures and/or tower.
(4)
A detailed cost analysis indicating the cost to the applicant
to construct a new tower and/or structure.
(h)
The applicant demonstrates that an alternative technology that
does not require the use of towers or structures, such as a cable
microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
5.
Franchises/Licenses. Wireless telecommunications carriers shall certify
that all franchises and licenses required by law for the construction
and/or operation of a wireless communications system in the Town of
Guttenberg have been obtained and shall file a copy of all required
franchise documentation and licenses.
6.
Graphic depiction and numeric specifications for all setback and
separation distances as required by this section.
7.
A statement including a full description of compliance with all applicable
requirements of this section.
8.
A notarized statement by the applicant as to whether construction
of the tower will accommodate collocation of additional antennas for
future users.
9.
Identification of the entities providing the backhaul network for
the tower(s) described in the application and other cellular sites
owned or operated by the applicant in the municipality.
10.
A description of the feasible location(s) of future towers or
antennas within the Town of Guttenberg based upon existing physical,
engineering, technological or geographic limitations in the event
the proposed tower is erected.
11.
A noise study determining the ambient sound level associated
with proposed tower.
12.
Documentation by a qualified engineer with a demonstrated expertise
in structural engineering regarding the capacity of a proposed tower
for the number and type of antennas.
13.
Documentation by a qualified engineer with a demonstrated expertise
in structural engineering that any proposed tower and antennas will
have sufficient structural integrity to support the proposed antennas
and the anticipated future collocated antennas and that the structural
standards developed for antennas by the Electronic Industry Association
(EIA) and/or the Telecommunications Industry Association (TIA) have
been met.
14.
Any other information deemed by the governing authority to be
necessary to assess compliance with the MLUL and this section.
c.
Completeness of Application.
1.
Initial Submission Requirements. The applicant, at their option,
may choose to make an initial submission for completeness review only,
in accordance with the submission checklist requirements stated in
this section. Said submission may be modified to include a total of
four sets of required submission materials pursuant to this section.
The submission will be distributed to the Board Engineer and Board
Planner for completeness review. Upon the issuance of a certificate
of completeness, the applicant shall make all required submissions
at least 15 days prior to the scheduled public hearing.
2.
Certification of Completeness. An application shall be complete for
the purposes of commencing the applicable time period for action by
the Board when so certified by the Board or its authorized designee.
In the event that the Board or its designee does not certify the application
to be complete within 45 days of the date of its submission, the application
shall be deemed complete upon expiration of the forty-five-day period
for the purposes of commencing the applicable time period unless:
3.
Submission Requirement Waivers. The applicant may request that one
or more of the submission checklist requirements be waived, in which
event the Board or its designee shall grant or deny the request within
45 days. The application shall include a list of all requested submission
waive items and items that are not applicable to the application.
Nothing herein shall be construed as diminishing the applicant's obligation
to offer sufficient proof during the application process that he or
she is entitled to approval of the application.
4.
Correction of Erroneous Information. The Board may subsequently require
correction of any information found to be in error, and the submission
of additional information not specified in this section, or any revisions
in the accompanying documents, as are reasonably necessary to make
an informed decision as to whether the requirements necessary for
approval of the application for development have been met. The application
shall not be deemed incomplete for lack of any such additional information
or any revision in the accompanying documents so required by the Board.
[Ord. No. 005-10 § I,
28-31.12]
a.
Compliance with Other Laws. The applicant's use of the premises is
contingent upon its obtaining all certificates, permits, zoning and
other approvals that may be required by any Federal, State or local
authority. The applicant shall erect, maintain and operate its antenna
facilities in accordance with site standards, statutes, ordinances,
rules and regulations now in effect or that may be issued hereafter
by the FCC or any other governing bodies. Should any conflict arise
between local zoning ordinances and rules or regulations promulgated
by the FCC, the FCC rules and regulations shall govern.
b.
Federal Requirements. All towers must meet or exceed current standards
and regulations of the FAA, FCC and any other agency of the Federal
government with the authority to regulate towers and antennas. If
such standards and regulations are changed, then the owners of the
towers and antennas governed by this section shall bring such towers
and antennas into compliance with such revised standards and regulations
within six months of the effective date of such standards and regulations
unless a more stringent compliance schedule is mandated by the controlling
Federal agency. Failure to bring towers and antennas into compliance
with such revised standards and regulations shall constitute grounds
for the removal of the tower or antenna at the owner's expense.
c.
Biannual Maintenance Reports. After the wireless telecommunications
facility is in operation, the applicant shall submit a report within
90 days of commencing operation and at biannual intervals from the
issuance of the building permit. The report shall be submitted to
the Building Department and shall include:
1.
A report prepared by a professional engineer certifying the structural
integrity of the facility, together with all antennas mounted thereon
and whether they remain in use, and that they meet all applicable
minimum safety and FCC requirements.
2.
Such report shall also certify whether or not antenna arrays have
been modified and shall include a detailed listing of all antennas
and equipment so certified.
3.
A satisfactory insurance company inspection report shall be deemed
to meet the requirements of this section.
d.
All wireless telecommunications facilities shall be installed on
the premises in a good and workmanlike manner. The municipality reserves
the right to require the applicant to paint the antenna facilities
in a manner consistent with the Property Maintenance Code of the municipality
and consistent with the color of the building or to otherwise shield
the antenna facilities from view.
[Ord. No. 005-10 § I,
28-31.13]
a.
At such time that a licensed carrier plans to abandon or discontinue
operation of a wireless telecommunications facility, such carrier
shall notify the Town Clerk by certified United States Mail of the
proposed date of abandonment or discontinuation of operations. Such
notice shall be given no less than 30 days prior to abandonment or
discontinuation of operations. In the event that a licensed carrier
fails to give such notice, the wireless telecommunications facility
shall be considered abandoned if it is not operated for a continuous
period of 12 months.
b.
The owner of any wireless telecommunications facility that is abandoned
shall physically remove it within 90 days of receipt of notice from
the Building Department notifying the owner of such abandonment. If
there are two or more users of a single tower, then this provision
shall not become effective until all users cease using the tower.
"Physically remove" shall include, but not be limited to:
1.
Removal of antennas, mount, equipment shelters and security barriers
for the subject property.
2.
Proper disposal of waste materials from the site in accordance with
local, County and State solid waste disposal regulations.
3.
Restoring the location of the facility to its original and/or natural
condition, except that any landscaping and grading shall remain in
the after-condition as deemed appropriate by the Town Engineer.
c.
If a carrier does not physically remove the antenna or tower in accordance
with this section, the Mayor and Council may order the physical removal
of such antenna or tower at the owner's expense and lien the property
for the costs associated therewith, inclusive of professional fees.
[Ord. No. 005-10 § I,
28-31.14]
a.
Not Expansion of Nonconforming Use. Towers that are constructed,
and antennas that are installed, in accordance with the provisions
of this section shall not be deemed to constitute the expansion of
a nonconforming use or structure.
b.
Preexisting Towers. Preexisting towers shall be allowed to continue
their usage as they presently exist. Routine maintenance (including
replacement with a new tower of like construction and height) shall
be permitted on such preexisting towers. New construction other than
routine maintenance on a preexisting tower shall comply with the requirements
of this section.
c.
Reconstruction of Damaged or Destroyed Nonconforming Towers or Antennas.
Bona fide nonconforming preexisting towers or antennas that are damaged
or destroyed may be rebuilt without having to obtain site plan and/or
a conditional use permit approval in accordance with all of the following:
1.
The type, height and location of the tower on the site shall be of
the same type and intensity as the original facility approved.
2.
Building permits to rebuild the facility shall comply with building
codes and shall be obtained within 180 days from the date the facility
is damaged or destroyed.
3.
If no permit is obtained or if said permit expires, the tower or
antenna shall be deemed abandoned.
[Ord. No. 005-10 § I,
28-31.15]
a.
If any provision of this section or the application of said provisions
to any person or circumstance is declared invalid, such invalidity
shall not affect the remaining sections of this section.
b.
This section and the provisions herein are declared to be severable.
c.
If any provisions of this section or the application of such provision
to any person or circumstance is declared unconstitutional, that provision
shall not affect the remaining sections of this section.
d.
All ordinances or parts thereof inconsistent herewith are hereby
repealed to the extent of such inconsistencies to this section and,
to this end, the provisions of this act are declared to be severable.
[Ord. No. 005-10 § I,
28-31.16]
Any ordinances of parts thereof in conflict with the provisions
of this section are hereby repealed to the extent of such conflict.
[Ord. No. 005-10 § I,
28-31.17]
This section shall take effect upon final passage and publication
in the manner provided by law.
