Editor's Note: Originally adopted by Ord. No. 12-29-52.
Amended in its entirety by Ord. No. 4-23-80, and again, amended in
its entirety by Ord. No. 10-14-87.
Attachment 1 - Schedule I District Use Regulations
Attachment 2 - Schedule II Schedule of Area, Yard and Bulk RequirementsAttachment 3 - Schedule III Density Requirements Garden AptsAttachment 4 - Schedule IV Density Requirements Multi FamilyAttachment 5 - Kearny Zoning MapAttachment 6 - South Kearny Zoning Map
Attachment 2 - Schedule II Schedule of Area, Yard and Bulk RequirementsAttachment 3 - Schedule III Density Requirements Garden AptsAttachment 4 - Schedule IV Density Requirements Multi FamilyAttachment 5 - Kearny Zoning MapAttachment 6 - South Kearny Zoning Map[Ord. No. 10-14-87]
An ordinance limiting and restricting to specific districts
and regulating therein buildings and structures according to their
construction and the nature and extent of their use and the nature
and extent of the uses of land; regulating and restricting the height,
number of stories and sizes of buildings and other structures; the
size of yards, courts, and other open spaces, the density of population
and the location, use and extent of buildings and structures for trade,
industry, residence, or other purposes; providing for the administration
and enforcement of the provisions herein; all for the purpose of promoting
the health, safety, morals and general welfare of the Town of Kearny
and its people.
[Ord. No. 10-14-87 § 138-1.200]
This chapter shall be known and cited as the "Zoning Ordinance
of the Town of Kearny."
[Ord. No. 10-14-87 § 138-1.300; Ord. No. 2002-O-78; Ord.
No. 2003-(O)-23]
The intent of this chapter is to establish a precise and detailed
plan for the use of land and buildings in the Town of Kearny, enacted
in order to promote and to protect the public health, safety, morals,
comfort, convenience and the general welfare of the people.
The Zoning Ordinance for the Town of Kearny shall be viewed
as a permissive ordinance. In no instance after the adoption of this
chapter shall any use be permitted in the Town of Kearny which is
not listed as a permitted or accessory use as specified in the Use
Schedule of Regulations in this chapter.
The intent of the subchapter pertaining to Wireless Telecommunications
Equipment is to enable the location within the Town of those antennas
which are necessary to provide adequate wireless telecommunications
services while, at the same time, limiting the number of supporting
towers to the fewest possible and minimizing the impact of the antennas,
accessory equipment, and supporting structures on residences, streetscapes,
and vistas throughout the municipality.
[Ord. No. 10-14-87 § 138-1.400; Ord. No. 2002-O-78; Ord.
No. 2003-(O)-23]
Such regulations are deemed necessary to achieve the following
purposes:
a.
Promote Orderly Development. To protect the character and maintain
the stability of all areas within the Town, and to promote the orderly
and beneficial development of such areas.
b.
Regulate Intensity of Use. To regulate the intensity of use of zoning
lots, and to determine the area of open spaces surrounding buildings
necessary to provide adequate light and air, privacy and convenience
of access to property and to protect the public health, safety and
welfare.
c.
Regulate Location of Buildings and Establish Standards of Development.
To establish building lines and the location of buildings designed
for residential, commercial, industrial, office, or other uses within
such lines and to fix reasonable standards to which buildings or structures
shall conform.
d.
Prohibit Incompatible Uses. To prohibit uses, buildings or structures
which are incompatible with the character of development or the permitted
uses within specified zoning districts.
e.
Regulate Alterations of Existing Buildings. To prevent such additions
to, and alterations or remodeling of, existing buildings or structures
as would not comply with the restrictions and limitations imposed
hereunder.
f.
Limit Congestion in Streets. To limit congestion in the public streets
and so protect the public health, safety, conveniences, and the general
welfare by providing for off-street parking of motor vehicles and
for the loading and unloading of commercial vehicles.
g.
Protect Against Hazards. To provide protection against fire, explosion,
noxious fumes, and other hazards in the interest of the public health,
safety, comfort, and the general welfare.
h.
Conserve Taxable Value of Land. To conserve the taxable value of
land and buildings throughout the Town.
i.
Consistent with Municipal Land Use Law. To be consistent with the
purposes of the Municipal Land Use Law C 40:55D-1 et seq.
j.
Regulate the Placement of Wireless Telecommunications Antennas and
Related Equipment.
1.
To encourage the location of antennas upon, or within, existing structures,
including existing buildings, existing wireless telecommunications
towers, existing water towers, and existing telephone and electric
towers, especially those existing structures situated in nonresidential
districts;
2.
To encourage the configuration of telecommunications facilities in
a manner that minimizes and mitigates any adverse impact upon affected
properties, streetscapes, and vistas through careful design, siting,
screening, landscaping, and innovative camouflaging techniques;
3.
To encourage the co-location of as many antennas as possible, of
as many wireless telecommunications carriers as possible, on existing
towers and other structures in nonresidential districts;
4.
To discourage the construction of new towers which do not have the
likelihood of being used by a number of wireless telecommunications
carriers;
5.
To minimize the total number of wireless telecommunications towers
within the Town;
6.
To discourage adverse impacts on community aesthetics;
7.
To formulate and maintain, for land use planning purposes, a complete
inventory of all wireless telecommunications antenna towers, and related
facilities within the Town, and others in the vicinity of the Town,
which are capable of providing service within the municipality;
8.
To enhance the ability of the carriers of wireless telecommunications
services who adhere to the specific requirements and intent of the
ordinance provisions to provide such service quickly, effectively,
and efficiently; and
9.
To comply with the mandate of the Federal Telecommunications Act
of 1996, 47 U.S.C. Section 332(c)(7), which preserves local government
authority to enforce zoning requirements which protect public safety,
public and private property, and community aesthetics.
[Ord. No. 10-14-87 § 138-2.100]
Unless the context otherwise indicates, the following definitions
shall be used in the interpretation and construction of the chapter.
Words used in the present tense include the future; the singular number
shall include the plural, and the plural the singular; the word "building"
shall include the word "structure;" the word "person" includes a corporation
as well as an individual; the word "lot" includes the word "plot,"
the word "occupied" includes the words "designed or intended to be
occupied," the word "used" shall include the words "arranged, designed,
constructed, altered, converted, rented, leased, or intended to be
used;" the word "shall" is mandatory and not optional, and the word
"may" is permissive.
[Ord. No. 10-14-87 § 138-2.200; Ord. No. 11-8-89; Ord.
No. 6-27-90; Ord. No. 12-12-90; Ord. No. 1999-O-2 § 1; Ord. No. 2000-0-27 § 1; Ord. No. 2002-O-78; Ord.
No. 2003-(O)-23; Ord. No. 2003-(O)-31 § 1; Ord. No. 2004-(O)-12; Ord. No. 2004-(O)-64; Ord. No. 2004-(O)-70 § 1; Ord. No. 2006-(O)-06 § 1; Ord. No. 2006-(O)-09 § 1; Ord. No. 2006-(O)-20 §§ 1
— 3; Ord. No. 2006-(O)-29; Ord. No. 2006-(O)-30 §§ 1
— 3; Ord. No. 2010-24 § 1]
As used in this chapter:
Shall mean a use or structure subordinate to the principal
use of a building or structure on the same zone lot and serving a
purpose customarily incidental to the principal use of the principal
building.
Shall mean an extension or increase in floor area or height
of a building or structure.
Shall mean a private driveway in Planned Residential Developments
for providing direct vehicular access to residential units, not required
for general circulation and not exceeding 600 feet in length with
dual access, nor 300 feet in length with single access to a public
or private roadway.
Shall mean a change or rearrangement in the structural parts
or in means of egress; or an enlargement, whether by extending on
a side or by increasing in height; or the moving from one location
or position to another.
Shall mean a place where animals or pets are given medical
or surgical treatment. Use as a kennel shall be limited to hospital
use and treatment.
Shall mean any building, structure or premises in which animals
are kept, boarded or trained for commercial gain.
Shall mean any device specifically designed for the reception
or transmission or both, of radio frequency signals.
Shall mean a portion of a building consisting of a group
of rooms used as a dwelling for a family and set apart as a separate
unit from other units or portions of the building.
Shall mean a developer submitting an application for development.
Shall mean the application form and all accompanying documents
required by ordinance for approval of a subdivision plat, site plan,
planned development, conditional use, zoning variance or direction
of issuance of a permit pursuant to law.
Shall mean the Planning Board of the Town of Kearny unless
a different agency is designated by ordinance.
Shall mean a public building or place of business where gasoline,
fuel, oil and grease and/or batteries, tires and automobile accessories
are supplied and dispensed directly to the motor vehicle trade and
where minor repair service is rendered.
Shall mean a story partly above grade level having more than
1/2 of its floor-to-ceiling height above the average level of the
adjoining ground. A basement shall be counted as a story if used for
business or dwelling purposes.
Shall mean a room equipped with a bathtub or shower, sink
and a toilet.
Shall mean a window projecting beyond the wall line of the
building and extending down to the foundations.
Shall mean a room in a dwelling in which one or more persons
normally sleep.
Shall mean a sign which directs attention to a business,
commodity, service, or entertainment conducted, sold, or offered at
a location other than the premises on which the sign is located.
Shall mean the Planning Board of the Town of Kearny.
Shall mean a residence structure other than a motel or hotel
where lodging and/or meals are provided for compensation.
Shall mean a combination of materials to form a construction
adopted to permanent, temporary or continuous occupancy and having
a roof.
Shall mean that portion of a lot which is occupied by all
principal and accessory buildings, but not including covered walkways,
steps, patios, decks, uncovered porches, parking lots, or outdoor
residential swimming pools and swimming pool decks, or similar improvements
thereto. In the event that any other floor of a building exceeds the
dimensions of the ground floor, the area of the larger floor shall
be used in the computation of building coverage.
Shall mean a structure in which is conducted the principal
use of the site on which it is situated.
The Commission created by the CUMMA.
[Added 6-23-2020 by Ord.
No. 2020-12]
Shall mean a roofed structure providing space for the parking
of motor vehicles and enclosed on not more than two sides.
Shall mean a story partly above grade level having more than
1/2 of its floor-to-ceiling height below the average level of the
adjoining ground. No cellar or portion thereof shall be used as a
dwelling unit.
Shall mean the certificate issued by the construction official
which permits the use of a building in accordance with the approved
plans and specifications and which certifies compliance with the provisions
of law for the use and occupancy of the building or land, the special
stipulations or conditions of the building permit and authorization,
where appropriate, by the Approving Authority.
Shall mean any use which substantially differs from the previous
use of a building or land.
Shall mean a special trailer or undercarriage on which containers
are moved over the road by truck.
Shall mean a facility providing a program less than 24 hours
per day per child for the care of more than five children, 2 1/2
years or older.
Shall mean a building or structure used to house a group
of people organized for a common purpose to pursue common goals, interests,
or activities and usually characterized by certain membership qualifications,
payment of fees or dues, and regular meetings.
Shall mean the mounting of personal wireless service facilities
used by two or more competing providers on the same antenna support
structure, monopole or antenna tower.
Shall mean a driveway providing access for commercial or
industrial use of property.
Shall mean two or more driveways on adjoining properties,
which share a single access point onto a Town street or road.
Shall mean an open space area within or related to a site
designated as a development, and designed and intended for the use
or enjoyment of residents and owners of the development. Common open
space may contain such complementary structures and improvements as
are necessary and appropriate for the use and enjoyment of residents
and owners of the development.
Shall mean a recognized vehicle for transporting cargo, comprised
of a box constructed with varying dimensions to withstand shipment
conditions in transportation. Containers may be transferred between
different transportation systems. When mounted on a chassis, it comprises
a trailer. Standard measuring unit for a container is a TEU (Twenty-foot
Equivalent Unit). One standard forty-foot container equals two TEU's.
Shall mean any residential development other than limited
income house (LIH), as defined in this chapter.
Shall mean a court is an unoccupied space which is bounded
by three or more attached building walls other than a front, side,
or rear yard on the same lot with the principal building.
COURT, DEPTH OF AN OUTERThe horizontal dimensions between its open end and the end opposite.
COURT, HEIGHT OFThe vertical distance from the lowest level it is required to serve to the top of the highest wall which bounds it within the same lot.
COURT, INNERA court entirely enclosed by walls or opening on a side lot line.
COURT, OUTERA court opening for its full width on a street, a front yard, a rear yard, or a side yard.
COURT, WIDTH OF AN INNERIts lesser horizontal dimension.
COURT, WIDTH OF AN OUTERIts horizontal dimension parallel with its principal open end.
Shall mean loading docks situated along parallel walls.
The New Jersey Compassionate Use Medical Marijuana Act, P.L.
2009, c. 307 (approved January 18, 2010, codified at N.J.S.A. 24:61-1
et seq.), as amended and supplemented through the date hereof to include
its renaming as the Jake Honig Compassionate Use Medical Cannabis
Act.
[Added 6-23-2020 by Ord.
No. 2020-12]
Shall mean the mean level of the curb at that street frontage
of the building where the average curb level is highest. Where the
lot level is higher than the curb level, the average level of the
former along the wall in question may be taken as the base for measuring
the height of a wall adjacent to a yard or court.
Shall mean a facility providing a program less than 24 hours
per day per child for the care of more than five children not more
than 2 1/2 years old.
Shall mean a number expressing dwelling units per gross acre
of land within a parcel of property.
Shall mean the legal or beneficial owner or owners of a lot
or of any land proposed to be included in a proposed development including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Shall mean the division of a parcel of land into two or more
parcels, the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure,
or of any mining, excavation or landfill, and any use or change in
the use of any building or other structure, or land or extension of
use of land, for which permission may be required.
Shall mean the development of land and more than one principal
building or structure on a zone lot designated to be maintained and
operated by one or more persons, planned as an entity and therefore
susceptible to development and regulation and a complex land use unit,
rather than an aggregate of individual buildings or structures located
on separate unrelated lots or parcels.
Shall mean a district or a zone shall be any portion of the
territory of the Town of Kearny within which certain uniform regulations
and requirements or various combinations thereof apply under the provisions
of this chapter.
Shall mean a space in a building where group sleeping accommodations
are provided for persons not members of the same family group, in
one room, or in a series of closely associated rooms.
Shall mean a private driveway, alleyway, road, or other avenue
of vehicular travel that runs through any part of a private parcel
of land that connects to a public roadway.
Shall mean the upgrading or reconstruction of preexisting
driveway such as adding or replacing permanent surface, i.e., concrete
or asphalt.
Shall mean a dwelling unit designed for and occupied by no
more than one family or household. Each such dwelling unit is comprised
of more than one level and has direct access to the outdoors. Such
unit may be situated partially or wholly above or below another similar
unit; provided, however, that no more than two such units may be included
in a building between two party walls which extend from the foundations
to and through the roof and which may be attached to no more than
two buildings accommodating townhouses or duplex townhouses or apartments.
Each duplex townhouse shall be provided with individual cooking, sleeping
and sanitary facilities for the use of one family or household. For
the purpose of this chapter a duplex townhouse may be in condominium,
cooperative or leasehold ownership or any combination thereof.
Shall mean one or more rooms (a) occupied as separate living
quarters or designed so that it or they may be occupied as a separate
living quarters, (b) isolated and secure from access to all other
portions of the building in which it or they are located, and (c)
which include all of the following:
Shall mean a structure containing more than two dwelling
units with direct access from the outside for each dwelling unit or
through a common hall.
Shall mean a detached building on a single lot containing
one dwelling unit. A one family dwelling unit is also referred to
as a "single family dwelling."
Shall mean a structure on a single lot containing two dwelling
units, each of which is totally separated from the other by an unpierced
wall extending from ground to roof or unpierced ceiling and floor
extending from exterior wall to exterior wall, except for a common
stairwell exterior to both dwelling units or any structure containing
two dwelling units, regardless of the building's configuration.
Shall mean the erection, construction, alteration, or maintenance
by public utilities or municipal or other governmental agencies of
underground, surface or overhead gas, electrical, steam or water transmission
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, light
stations, telephone lines and accessories herewith, reasonably necessary
for the furnishing of adequate service by such public utilities or
municipal or other governmental agencies or for the public health,
safety, or general welfare.
Shall mean any application, or other request, to the Federal
Aviation Administration for a license, certificate, waiver, special
temporary authorization, or any other instrument of authorization
issued by the Federal Aviation Administration regarding an applicant's
telecommunications structures, antennas, and equipment.
Shall mean any application with all attachments, exhibits,
appendices, memoranda, amendments, supplements, and comments; all
correspondence addressed to the Federal Aviation Administration; individual
comments or objections of other parties, including but not limited
to, informal objections, petitions to deny, proposed findings of fact,
conclusions of law, and briefs on appeal; the initial decision of
Federal Aviation Administration; notices of appeal; all briefs and
other documents on appeal; and all other related matters.
Shall mean any number of persons related by blood, marriage
or adoption living together as a single housekeeping unit and using
certain rooms and housekeeping facilities in common. A family shall
also include foster children placed with a family in such dwelling
by the Division of Youth and Family Services in the Department of
Institutions and Agencies or a duly incorporated child care agency
and children placed pursuant to law in single-family dwellings known
as group homes.
Shall mean any application, or other request, to the Federal
Communications Commission for a license, certificate, waiver, special
temporary authorization, or any other instrument of authorization
issued by the Federal Communications Commission under the Telecommunications
Act of 1934, or the Telecommunications Act of 1996.
Shall mean any application with all attachments, exhibits,
appendices, memoranda, amendments, supplements, and comments; all
correspondence addressed to the Federal Communications Commission;
individual comments or objections of other parties, including but
not limited to informal objections, petitions to deny, proposed findings
of fact, conclusions of law, and briefs on appeal; the initial decision
of the Federal Communications Commission; notices of appeal; all briefs
and other documents on appeal; and all other related matters.
Shall mean the sum of the gross horizontal areas of the several
floors of a building measured from the exterior walls in a building.
Floor area shall not include areas devoted to mechanical equipment
serving the building, stairways and elevators, areas devoted exclusively
to off-street parking and loading space for motor vehicles, and to
any space where the floor to ceiling height shall be less than seven
feet.
Shall mean the gross floor area of all buildings and structures,
including parking decks, on the lot divided by the lot area.
Shall mean an establishment primarily engaged in the transshipment
of goods from shippers to receivers for a charge, covering the entire
transportation route and, in turn, making use of services of other
transportation establishments as instrumentalities in effecting delivery.
Freight forwarding facilities may include areas for the temporary
storage, transfer, repacking, consolidation or distribution of such
goods and accessory parking and servicing of trucks and trailers.
Shall mean a structure which is accessory to a nonresidential
establishment, building, or use and is primarily for the parking and
storage of vehicles operated by the customers, visitors, and employees
of such building.
Shall mean a structure which is accessory to a residential
building and which is used primarily for the parking and storage of
vehicles owned and operated by the residents thereof, and which is
not a separate commercial enterprise available to the public.
Shall mean a building or structure for the storage or parking
of vehicles and in which provisions may be made for repairing or servicing
of such vehicles as a use incidental to the vehicle storage use.
Shall mean one or more multiple-family buildings not exceeding
three stories or 35 feet in height, containing off-street parking,
outdoor recreation facilities, landscaped areas and other appurtenant
facilities.
Shall mean the vertical distance measured, in the case of
flat roofs, from the curb level to the level of the highest point
of the room beams adjacent to the street wall and, in the case of
pitched roofs, from the curb level to the mean the highest point of
the roof.
Shall mean the vertical distance from the lowest level it
is required to serve to the top of the highest wall which bounds it
within the same lot.
Height of an antenna, if required to be measured from ground
level shall mean the measurement which is made from the mean grade
of the surrounding terrain to a radius of 50 feet and up to and including
the highest point of the antenna or antenna support, whichever is
higher. Height from ground level shall be measured from mean surface
grade ground level regardless of whether or not the antenna support
is mounted on an existing structure or extends to ground level.
Height of an antenna, if required to be measured from the roof
line, shall mean the measurement which is made from the exterior surface
of the roof covering the top floor of the building, but shall not
include any penthouse, structure, or enclosure used solely to house
heating, ventilating, air-conditioning, elevator, or other utility
facilities.
Shall mean any building, structure, area or property that
is significant in the history, architecture, archeology or culture
of this State, its communities or the Nation and has been so designated.
Shall mean any activity carried out for gain by a resident
conducted as an accessory use in the residence dwelling unit.
Shall mean any building containing six or more guest rooms
intended or designed to be used, or which are used, rented or hired
out to be occupied or which are occupied for sleeping purposes by
guests.
Shall mean a family or a group of not more than three persons
who are not so related living together as a single housekeeping unit.
Shall mean the percentage of lot area which is improved with
principal and accessory buildings and structures, exclusive of decks,
uncovered porches, outdoor residential swimming pools and pool decks,
but including driveways, parking lots, pedestrian walkways, signs,
and other manmade improvements on the ground surface.
Shall mean a low income or moderate income household which
includes at least one resident of the Town of Kearny or at least one
salaried employee of the Town of Kearny, or at least one salaried
employee of the Board of Education of the Town of Kearny.
Shall mean a facility principally used for the transfer of
cargo from one mode of transportation to another. The cargo is primarily
containerized and is not broken down or consolidated on site. Intermodal
facilities may include trailer parking areas and interior areas for
the repair and servicing of trailers, containers, and trucks utilized
on site.
See definition of "Common driveway" above.
Shall mean the use of any area, lot, parcel, building or
structure for the storage, sale, processing, or abandonment of junk
including scrap metal and other materials, or for the dismantling,
demolition or abandonment of any inoperable mechanical equipment,
machinery, or vehicles or parts thereof. A "junkyard" shall not include
the storage of materials for processing of discarded or salvaged materials
as part of a permitted industrial or recycling operation on the same
premises.
Shall mean an area with a stove or an oven where food is
cooked or prepared.
Shall mean dwelling accommodations made available to indigenous or non-indigenous low and moderate income households at costs not exceeding the limits provided in subsection 38-6.10d.
Shall mean a designated parcel, tract or area of land established
by a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit. (Also known as a zone lot.)
LOT, CORNERA parcel of land at the junction of and abutting on two or more intersecting streets. The owner of a "corner lot" in any district may, at the time application is made for a building permit designate either street frontage as the front of the lot. The principal structure must face on the frontage selected.
LOT, INTERIORA parcel of land other than a corner lot.
LOT, THROUGHA parcel of land which extends through from one street to another.
Shall mean the computed area contained within the lot lines.
Shall mean a mean horizontal distance between the front lot
line and the rear lot line, measured perpendicular or radial to the
front lot line to the furthest distance thereof.
Shall mean the length of the front lot line.
Shall mean a line of record bounding the lot.
LOT LINE, FRONTThe lot line separating the lot from the street right-of-way. Also referred to as a "street line."
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.
Shall mean the distance between the side lines measured parallel
to the front lot line at the required front yard setback line.
Shall mean a household in which the total income is not more than that specified in subsection 38-6.10d.
Shall mean a mall is a roofed over common pedestrian area
serving more than one tenant within a covered building.
All parts of the plant Genus Cannabis 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; but shall not include
the mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of such mature stalks, fiber,
oil, or cake, or the sterilized seed of the plant which is incapable
of germination as defined by New Jersey Controlled Dangerous Substances
Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-2).
[Added 6-23-2020 by Ord.
No. 2020-12]
Shall mean a sign attached to or hung from a marquee canopy
or other covered structure projecting from and supported by the building
and extending beyond the building wall, building line or street lot
line.
An organization approved by the Department of Health and
Community Wellness to perform activities necessary to provide registered
qualifying patients with usable marijuana and related paraphernalia
in accordance with the provisions of the CUMMA. This term shall include
the organization's officers, directors, board members, and employees.
[Added 6-23-2020 by Ord.
No. 2020-12]
A commercial entity licensed under the CUMMA that cultivates,
dries, trims, or cures marijuana for sale to marijuana product manufacturing
facilities, and to other marijuana cultivation facilities, but not
to consumers, which holds all required state licenses and permits.
[Added 6-23-2020 by Ord.
No. 2020-12]
A retail establishment licensed under the CUMMA to dispense
marijuana for the medical use of marijuana to qualifying patients.
[Added 6-23-2020 by Ord.
No. 2020-12]
Any of the following: medical marijuana alternative treatment
center; medical marijuana dispensary; medical marijuana cultivation
facility; medical marijuana manufacturing facility; medical marijuana
safety compliance facility.
[Added 6-23-2020 by Ord.
No. 2020-12]
A commercial facility licensed under a commercial entity
licensed under the CUMMA that receives marijuana from a licensed cultivation
facility and extracts resin from the marijuana or creates a marijuana-infused
product for sale and transfer in packaged form to a medical marijuana
center, which holds all required state licenses and permits.
[Added 6-23-2020 by Ord.
No. 2020-12]
A commercial facility licensed under the CUMMA that receives
marijuana from a licensed cultivation facility, licensed processing
facility, or licensed caregiver, tests it for contaminants and for
tetrahydrocannabinol and other cannabinoids, returns the test results,
and may return the marijuana to the marijuana facility.
[Added 6-23-2020 by Ord.
No. 2020-12]
The acquisition, possession, transport, or use of marijuana
or paraphernalia by a registered qualifying patient as authorized
by the CUMMA and New Jersey Controlled Dangerous Substances Act, P.L.
1970, c. 226 (N.J.S.A. 24:21-2).
[Added 6-23-2020 by Ord.
No. 2020-12]
Shall mean an intermediate level between the floor and ceiling
of any story, and covering not more than 33% of the floor area of
the room in which it is located. An intermediate level exceeding 33%
of the floor area of the room in which is it located is considered
another story.
Shall mean a household in which the total income is not less nor more than that specified in subsection 38-6.10d.
Shall mean a hotel as defined in this chapter.
Shall mean truck terminal.
Shall mean a building or portion thereof containing more
than two dwelling units and not classified as a one or two family
dwelling, or a townhouse. (See definition for "Dwelling, multiple-family.")
Shall mean a lot the area, dimension or location of which
was lawful prior to the adoption, revision or amendment of this chapter,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
Shall mean a structure the size, dimension or location of
which was lawful prior to the adoption, revision or amendment of this
Zoning Ordinance, but which fails to conform to the requirements of
the zoning district in which it is located by reasons of such adoption,
revision or amendment.
Shall mean a use or activity which was lawful prior to the
adoption, revision or amendment of this Zoning Ordinance, but which
fails to conform to the requirements of the zoning district in which
it is located by reasons of such adoption, revision or amendment.
Shall mean a low income household or a moderate income household
other than an indigenous limited income household as defined in this
chapter.
Shall mean the purpose for which a structure or part thereof
or premises is used or intended to be used.
Shall mean located outside the lot lines of the lot in question
but within the property (of which the lot is part) which is the subject
of a development application or contiguous portion of a street right-of-way.
Shall mean not located on the property which is the subject
of a development application nor on a contiguous portion of a street
right-of-way.
Shall mean located on the lot in question.
Shall mean located on the property which is the subject of
a development application or on a contiguous portion of a street or
right-of-way.
Shall mean any parcel or area of land or water essentially
unimproved and set aside, dedicated or reserved for public or private
use or enjoyment or for the use and enjoyment of the owners and occupants
of land adjoining or neighboring such open space; provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
Shall mean a window projected beyond and suspended from the
wall of a building or cantilevered therefrom.
Shall mean any open area used for the temporary storage of
automobiles and other vehicles for the use solely by the occupants
thereof to which such use is accessory.
Shall mean any open area other than a street or other public
way used for the temporary storage of automobiles and other vehicles
and available to the public whether for a fee, or without compensation,
or as an accommodation for clients, customers, or employees.
Shall mean a common shared wall on an interior lot line between
two separate structures, buildings, or dwelling units.
Shall mean an enclosed structure above the roof of a building,
other than a roof structure or bulkhead, occupying not more than 33%
of the roof area.
Shall mean an official document or certificate issued by
the approving authority having jurisdiction, authorizing performance
of a specified activity not otherwise forbidden by law.
Shall mean any individual, association, partnership, corporation
or cooperative group.
Shall mean mobile services, unlicensed wireless services
and common carrier wireless exchange access services, including cellular
radiotelephone, specialized mobile radio system and personal communications
services.
Shall mean the provisions for development of a planned development,
including a plat of subdivision, all covenants relating to use, location
and bulk of buildings and other structures, intensity of use or density
of development, public or private streets, ways and parking facilities,
open space and public facilities. The phrase "provisions of the plan"
when used in this chapter shall mean the written and graphic materials
referred to in this definition.
Shall mean an area of a minimum contiguous size as specified
by ordinance to be developed according to a plan as a single entity
containing one or more structures with appurtenant common areas to
accommodate commercial or office uses or both and other uses incidental
to the predominant use as may be permitted by ordinance.
Shall mean planned unit development, planned unit residential
development, residential cluster, planned commercial development or
planned industrial development.
Shall mean an area of a minimum contiguous size as specified
by ordinance to be developed according to a plan as a single entity
containing one or more structures with appurtenant common areas to
accommodate industrial uses and other uses incidental to the predominant
use as may be permitted by ordinance.
Shall mean the Planning Board of the Town of Kearny.
Shall mean the average distance from the front lot line to
the front building wall of a structure on all lots within 200 feet
on the same side of the block.
Shall mean public areas including a. public parks, playgrounds,
trails, paths and other recreational areas; b. other public open spaces;
c. scenic and historic sites; and d. sites for schools and other public
buildings and structures.
Shall mean any building which is primarily used and/or primarily
occupied by the United States, the State of New Jersey, the Town of
Kearny, or any subdivision or agency thereof, which building is used
primarily for police, fire, public health, education, recreation,
or any other governmental purpose.
Shall mean an open space area conveyed or otherwise dedicated
to a municipality, municipal agency, board of education, State or
County agency, or other public body for recreational or conservation
uses.
Shall mean an area determined to be in need of redevelopment
pursuant to the "Local Redevelopment and Housing Law," N.J.S.A. 40A:12A-1,
et seq.
Shall mean a change in access point, general design, length
or drainage of an existing driveway.
Shall mean the reconstruction or renewal of any part of an
existing building for the purpose of its maintenance.
Shall mean an area to be developed as a single entity according
to a plan containing residential housing units which have a common
or public open space area as an appurtenance.
Shall mean a driveway providing access used for a single,
two-family or multi-family purposes only.
Shall mean a building or structure designed, used or intended
for use in which either food or beverage or both are sold and consumed
primarily within the confines of an enclosed structure on the site.
A restaurant shall not include refreshment stands commonly called
snack or dairy bars where consumption takes place outside of the structure
or in automobiles parked upon the premises, whether brought to the
automobiles by the customer or by employees of the establishment.
A restaurant shall also include pick-up delivery services wherein
food is prepared on the premises for off-premises consumption.
Shall mean an establishment whose principal business is the
sale of pre-packaged or rapidly prepared food directly to the customer
in a ready-to-consume state for consumption either within the restaurant
building or off premises.
Shall mean a device or instrument used for the reception
of television or other electronic communications signal broadcast
or relayed from an earth satellite. It may be a solid, open mesh,
or bar configured structure in the shape of a shallow disk or parabola.
Shall mean a triangle-shaped easement established at the
intersection of two streets or a driveway and a street in which nothing
shall be erected, placed, planted or allowed to grow in such a manner
as to obstruct vision between the height of two feet and six inches
above the centerline grade of the street or driveway. The triangle
shall be determined along such street lot lines or edges of driveway
25 feet distant from their property line.
Shall mean any device for visual communication that is used
for the purpose of bringing the subject thereof to the attention of
the public.
Shall mean the entire face of a sign including the advertising
surface and any framing, trim, or molding, but not including the supporting
structure. The sign area of mounted lettering or graphics shall be
the rectangle of smallest dimensions enclosing such lettering or graphics.
Shall mean any sign placed upon or supported by the ground
independent of any other structure and advertising only the businesses
or services located on the same lot.
Shall mean a sign mounted at right angles to the face of
the building.
Shall mean a sign mounted on the roof of a building.
Shall mean a sign fastened parallel to the wall of a building
which does not project more than eight inches beyond the surface of
the wall.
Shall mean a representation of the proposed development,
redevelopment, expansion or improvement of one or more parcels of
land and/or buildings in accordance with the rules and procedures
of the Kearny Town Subdivision and Site Plan Ordinance.
Shall mean standards a. adopted by ordinance regulating noise
levels, glare, earthborne or sonic vibrations, heat, electronic or
atomic radiation, noxious odors, toxic matters, explosive and inflammable
matters, smoke and airborne particles, waste discharge, screening
of unsightly objects or conditions and such other similar matters
as may be reasonably required by the Town of Kearny, or b. required
by applicable Federal, State or Interstate law.
Shall mean that part of any building comprised between any
floor and the floor or roof next above.
STORY, HALFThat portion of the uppermost story with a floor to ceiling height of five feet or more, not exceeding 50% of legally permitted lower floor. A minimum roof pitch of 5 on 12 is required.
STORY, FIRSTAny above grade floor shall be counted as a story including the garage space.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive or other way; a. which is an existing State, County
or municipal roadway; or b. which is shown upon a plat heretofore
approved pursuant to law; or c. which is shown on a plat duly filed
and recorded in the office of the County Recording Officer prior to
the appointment of a planning board and the grant of such board of
the power to review plats; and includes the land between the street
lines, whether improved or unimproved, and may comprise pavement,
shoulders, gutters, curbs, sidewalks, parking areas and other areas
within the street lines.
Shall mean a combination of materials to form a safe and
stable construction for occupancy, use, or ornamentation, whether
installed on, above or below the surface of a parcel of land. Structures,
or parts thereof, may include and are not limited to buildings, stadiums,
reviewing stands, platforms, stagings, observation towers, radio towers,
satellite dish antennas, water tanks and towers, trestles, piers,
wharves, coal bins, container units, shelters, fences, steps, retaining
walls, and display signs.
Shall mean any structure having a depth greater than two
feet and a water surface area in excess of 150 square feet which is
used for swimming, bathing or wading purposes.
Shall mean the electrical or electronic transmission, between
or among points specified by the user, of information of the user's
choosing, without change in the form or content of the information
as sent and received.
Shall mean equipment, other than customer premises equipment,
used by a carrier to provide telecommunications services, and includes
software integral to such equipment (including upgrades).
Shall mean the offering of telecommunications for a fee directly
to the public, or to such classes of users as to be effectively available
directly to the public, regardless of the facilities used.
Shall mean the surface features of an area of land.
Shall mean a freestanding antenna support structure.
Shall mean a building designed for or occupied by no more
than one family or household and attached to other similar buildings
or structures by not more than two party walls extending from the
foundation to and through the roof. Furthermore, each such dwelling
unit shall be provided with cooking, sleeping and sanitary facilities
for the use of each family or household of the townhouse. For the
purpose of this chapter, a townhouse may include a building or structure
in fee simple, condominium, cooperative or leasehold ownership or
any combination thereof.
Shall mean (i) a structure on wheels, towed or hauled by
another vehicle and used for carrying materials, goods or objects,
or (ii) a structure used as a temporary construction office in connection
with construction projects.
Shall mean an establishment primarily engaged in furnishing,
hauling, or transfer services without long-term product or cargo storage
and where trucks load and unload products or cargo for transshipment
or reshipment without accessory consolidation, repacking or value
added services. A truck terminal may also include accessory areas
for the repair, service, maintenance, temporary storage, or parking
of trucks.
Shall mean the specific purpose for which land or building
is designed, arranged, intended or for which it is or may be occupied
or maintained.
Shall mean the approving authority's authorized departure
from the literal requirements and terms of this chapter in accordance
with the procedures contained herein.
Shall mean an establishment primarily used for the (i) indoor
long term storage and/or distribution of goods, products or materials,
or (ii) accessory consolidation, repackaging and value-added services
of or to goods, products or materials. Such facility may include accessory
areas for the repairs, service, maintenance, temporary storage or
parking of trucks.
Shall mean the transmission and receipt of writing, signs,
signals, pictures, and sounds of all kinds without the aid of wire,
cable, or other like connection between the points of origin and reception
of such transmission.
Shall mean the transmission and receipt of writing, signs,
signals, pictures, and sounds of all kinds without the aid of wire,
cable, or other like connection between the points of origin and reception
of such transmission.
Shall mean an open space, which lies between the principal
or accessory building or buildings and the nearest lot line and is
unoccupied and unobstructed from the ground upward except as herein
permitted.
YARD, FRONTShall mean an open space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward except as may be specified elsewhere in this chapter. The depth of the front yard shall be measured perpendicular to the front lot line.
YARD, REARShall mean an open, unoccupied space across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal or accessory building. The depth of the rear yard shall be measured perpendicular to the rear property line.
YARD, SIDEShall mean an open, unoccupied space between the side line of the lot and the nearest line of the principal or accessory building and extending from the front to the rear yard. The width of the side yard shall be measured perpendicular to the side line of the lot.
See definition for lot.
Shall mean the Board of Adjustment established under this
chapter.
Shall mean the Zoning Map of the Town of Kearny, New Jersey,
together with all amendments subsequently adopted.
Shall mean a document defined by N.J.S.A. 40:55D-7 and issued
by the Zoning Official, which permits the use or erection, construction,
reconstruction, alteration, conversion, or installation of a structure
or building, and which acknowledges that such use, structure, or building
complies with the provisions of the municipal zoning ordinance or
variance duly authorized by a municipal agency pursuant to N.J.S.A.
40:55D-60 or N.J.S.A. 40:55D-70.
[Ord. No. 10-14-87 § 138-3.100; Ord. No. 6-27-90; Ord.
No. 12-12-90; Ord. No. 1999-O-2 § 2; Ord. No. 1999-O-7 § 1; Ord. No. 2004-(O)-11; Ord. No. 2004-(O)-64]
For the purpose of this chapter, the Town of Kearny is hereby
divided into the following types of zone districts, differentiated
according to use, area and bulk regulations and to be designated as
follows:
|
Zone Designation
|
Zone Description
|
|---|---|
|
R-1
|
One-Family Residential
|
|
R-1M
|
One-Family Residential Manor Zone
|
|
R-2
|
One and Two-Family Residential
|
|
R-2B
|
One and Two-Family Residential/Hospital
|
|
R-3
|
Multi-Family Residential
|
|
C-1
|
Office
|
|
C-2
|
Neighborhood Business
|
|
C-3
|
Community Business
|
|
C-4
|
General Commercial
|
|
LI
|
Limited Industrial
|
|
M
|
Manufacturing
|
|
SKI-N
|
South Kearny Industrial North
|
|
SKI-S
|
South Kearny Industrial South
|
|
CEM
|
Cemetery
|
|
PRD
|
Planned Residential Development
|
|
CLH
|
Conventional and Limited Income Housing
|
[Ord. No. 10-14-87 § 138-3.200; Ord. No. 6-27-90; Ord.
No. 12-12-90; Ord. No. 1999-O-2 § 3; Ord. No. 1999-O-7 § 2; Ord. No. 2004-(O)-11; Ord. No. 2004-(O)-64; Ord. No. 2009-9 § 1; Ord. No. 2011-2]
The location and boundaries of said districts are hereby established
on the Zoning Map of the Town of Kearny initially dated October 1,
1997, and by any amendments thereto and which map is made a part of
this chapter.[1]
a.
Said Zoning Map shall be amended as recommended in the Town of Kearny
Master Plan Re-Examination Report adopted December 2, 1998 to separate
the former SKM Zone into SKM-1 and SKM-2 as depicted in Appendix D
of the Re-Examination Report.
b.
Said Zoning Map shall be amended as recommended in the Town of Kearny
Master Plan Re-Examination report adopted on May 7, 2003 to delete
the former SKM-1 and SKM-2 Zones and replace the SKM-1 Zone with the
new SKI-N Zone and the SKM-2 Zone with the new SKI-S Zone. The location
and boundaries of said districts are hereby established on the attached
map dated October 2004.
c.
The boundaries of said R-1M Zone shall be the Belleville Turnpike
to the north, the existing R-1 Zone boundary line between Kearny Avenue
and Grand Place to the east, the northerly side of Stewart Avenue
to the south and the existing R-1 boundary line along Passaic Avenue
to the west.
d.
The area along Hickory Street and Ivy Street and the area along Locust
Avenue and Lafayette Place, specifically described by Tax Block and
Lot as follows,
|
Block
|
Lot
|
|---|---|
|
79
|
8-13, 14A, 14B, 15-17
|
|
80
|
1-6, 16, 17
|
|
82
|
6
|
|
83
|
4-15
|
|
222
|
1-6, 42-50
|
|
223
|
1-7, 38-49
|
|
224
|
1A
|
|
225
|
1A
|
|
239
|
2-5, 25, 35-63
|
|
240
|
1-46
|
|
241
|
14-16, 17A-17D, 18.01, 18.029, 19-40, 41A, 41B
|
|
are hereby rezoned from R-2 Zone to R-I Zone so as to conform
with the Master Plan revisions of December 3, 2008.
|
[1]
Editor's Note: The Zoning Map referred to herein may be found
as an attachment to this chapter.
(Reserved)
[Ord. No. 10-14-87 § 138.3.310]
The zone boundary lines are intended generally to follow the
center lines of streets; the center lines of railroad rights-of-way;
existing lot lines; the center lines of rivers, streams and other
waterways; and municipal boundary lines. When a district boundary
line does not follow such a line, its position shall be shown on the
Zoning Map by a specific dimension expressing its distance, in feet,
from a street line or other boundary line as indicated.
[Ord. No. 10-14-87 § 138.3.320]
In cases of uncertainty or disagreement as to the true location
of any zone boundary line, the determination thereof shall lie with
the Board of Adjustment.
[Ord. No. 10-14-87 § 138-4.100; Ord. No. 6-27-90; Ord.
No. 12-12-90; Ord. No. 1999-O-2 §§ 4 — 15; Ord. No.
1999-O-7 §§ 3 — 5; Ord. No. 2002-O-78; Ord.
No. 2003-(O)-23; Ord. No. 2004-(O)-11; Ord. No. 2004-(O)-64; Ord. No. 2005-(O)-09 § 3; Ord. No. 2007-(O)-17 § 1; Ord. No. 2008-(O)-04 § 1; Ord. No. 2010-12 § 1]
The restrictions and controls intended to regulate development
in each district are set forth in Schedule I, District Use Regulations
and Schedule II, Area, Yard and Bulk Requirements[1], which are supplemented by other sections of this chapter.
[1]
Editor's Note: Schedule I, District Use Regulations and Schedule II, Area, Yard and Bulk Requirements are included as attachments to this chapter.
[Ord. No. 10-14-87 § 138-4.200]
Except as hereinafter otherwise provided.
a.
No building or structure shall be erected and no existing building
or structure shall be moved, altered, added to or enlarged, nor shall
any land or building be designed, used or intended to be used for
any purpose or in any manner other than as specified among the uses
hereinafter listed as permitted in the district in which such building
or land is located.
b.
No building or structure shall be erected, reconstructed or structurally
altered to exceed in height the limit hereinafter designated for the
district in which such building is located.
c.
No building or structure shall be erected, no existing buildings
or structures shall be altered, enlarged or rebuilt, nor shall any
open space surrounding any building be encroached upon or reduced
in any manner, except in conformity to the yard, lot area and building
location regulations hereinafter designated for the district in which
such building or open space is located.
d.
No yard or other open space provided about any building for the purpose
of complying with the provisions of this chapter shall be considered
as providing a yard or open space for any other building, and no yard
or open space on one lot shall be considered as providing a yard or
open-space for a building on any other lot.
e.
No minimum off-street parking area or loading or unloading area shall
be considered as providing off-street parking, loading or unloading
for a use or structure on any other lot or parcel other than the principal
use to which it is ancillary, except as provided herein.
[Ord. No. 10-14-87 § 138-4.300]
Any use which is not specifically designated as a principal
permitted use, an accessory use or a conditional use is specifically
prohibited from that zone district in the Town of Kearny.
[Ord. No. 10-14-87 § 138-4.00; Ord. No. 5-12-82]
a.
Notwithstanding any other provision of this Zoning Ordinance and
specifically use regulations contained in Schedule I, District Use
Regulations, in the event a residential dwelling in a R-1, R-2 or
R-3 Zone District is substantially destroyed or damaged by fire or
other casualty or an act of God, the owner/occupant of the dwelling
upon application to the Construction Officer may be permitted to locate
temporary living quarters on his or her property for a period not
to exceed 90 days, provided that in the opinion of the Construction
Official the premises are repairable and the repairs may be accomplished
within a period of 90 days from the date of the damage. Under no circumstances
shall any more than one temporary living quarter be located on the
property at any one time.
b.
No approval for temporary living quarters shall be granted unless
the applicant can display a valid special reason for the requested
relief. The following shall be considered valid special reasons for
purposes of this section:
c.
Approval for temporary living quarters shall be granted only when
the adjoining property owners to either side and to the rear of the
subject property give their written consent to the location of the
temporary living quarters.
d.
All temporary living quarters must conform to the requirements of
the New Jersey Uniform Construction Code.
[Ord. No. 10-14-87 § 138-4.500; Ord. No. 2004-(O)-64]
a.
The storage, parking or use of trucks, tractor, trailers, containers
or any similar structure for storage purposes on a permanent basis
is hereby prohibited in all districts enumerated in this zoning ordinance
except SKI-N where it may be permitted subject to site plan approval.
For purposes of this subsection, there shall be a rebuttable presumption
that a truck, tractor, trailer, container or any structure is used
for storage purposes on a permanent basis if such truck, tractor trailer,
container or structure remains on the same or similar location continuously
for more than seven days while containing goods, chattels or merchandise
of any kind.
b.
The storage, parking or use of a house trailer, mobile home or office
trailer by any person or persons on a permanent basis is hereby prohibited
in all districts enumerated in this zoning ordinance. For purposes
of this subsection, there shall be a rebuttable presumption that a
house trailer, mobile home, or office trailer is used on a permanent
basis if such house trailer, mobile home, or office trailer remains
in the same or similar location continuously for more than seven days.
Provided, however, that house trailers, mobile homes, or office
trailers used as offices for construction projects may be permitted
on written permit of the Construction Official for the duration of
a particular construction project for which the structure is used.
[Ord. No. 2007-(O)-68]
a.
No sexually oriented business as defined in N.J.S.A. 2C:33-12.2 and
N.J.S.A. 2C:34-6 may or shall be located in the land areas contained
within the zones presently designated as
|
R-1, R-2, R-2B, R-3, C-1, C-2, C-3, C-4, LI, M, SKI S, CEM,
PRD and CLH or in any Redevelopment Area.
|
b.
In addition to the restrictions imposed by N.J.S.A. 2C:34-7, no sexually
oriented business may or shall be located within 1,000 feet of any
location licensed for the retail sale or consumption of alcoholic
beverages.
c.
The bulk standards applicable to Restaurants, Eating and Drinking Establishments and Fast-Food Restaurants, set forth in Section 38-6, Schedule IV[2]j of the Revised General Ordinances shall apply to sexually
oriented businesses.
[2]
Editor's Note: Schedule VI may be found as an attachment to
this chapter.
[1]
Editor's Note: Former subsection 38-4.6, Storage of Containers,
previously codified herein and containing portions of Ordinance No.
2004-(O)-64, was repealed in its entirety by Ordinance Nos. 2007-(O)-17
and 2008-(O)-04.
[Ord. No. 10-14-87 § 138-5.100; Ord. No. 2004-(O)-12; Ord.
No. 2005-(O)-09 § 2; Ord.
No. 2018-12]
a.
Existing Zone Lots of Record. In any residential zone, only a one-family
dwelling may be erected on a nonconforming zone lot of official record
at the effective date of this chapter, as to minimum lot area; provided,
however, that no adjacent or adjoining vacant land exists or existed
at the time of the effective date of this chapter which would create
a conforming lot if all or part of the vacant land were combined with
subject lot. No lot or lots in single ownership hereafter shall be
reduced so as to create one or more nonconforming lots. The conversion
of a dwelling to three or more dwelling units on a lot of nonconforming
area shall be considered a variance under N.J.S.A. 40:55D-70d.(5).
b.
Lot Width. The minimum lot width of any lot shall be measured at
the front yard setback line as required for the district in which
it is located. In cases of irregularly shaped lots whose sides are
not parallel, the street frontage shall not be less than the 75% of
the minimum lot width required; provided, however, that the lot width
as measured at the front yard setback line shall be no less than the
minimum lot width, as specified in the Zoning Schedule, for the district
in which the lot is contained.
c.
Corner Lots. At all street intersections involving Passaic Avenue,
Belgrove Drive, Kearny Avenue, Davis Avenue, Schuyler Avenue, Midland
Avenue, Bergen Avenue and Belleville Turnpike, no obstruction exceeding
30 inches in height above the established grade of the street at the
property line, other than an existing building, post, column, hedge
or tree, shall be erected or maintained on any lot within the sight
triangle area bounded by the line drawn between points along such
street lot lines 25 feet distant from their intersection. The determination
of the front yard of a corner lot shall be at the option of the owner
or developer and shall be so designed on all maps and official records.
On a corner lot involving any one of the above mentioned major
streets, each story or part of a building, shall be set back from
the side street a minimum of 1/2 the required front setback or 15
feet in an R-1 or R-2 Zone and 10 feet in an R-3 Zone, whichever is
greater. The provisions of the sight triangle area, indicated in the
preceding paragraph shall prevail where there is a conflict with the
provisions of this section. All other corner lots in any R-1 Zone,
shall have two front yards. The minimum front yard setback on the
shorter street frontage of the property shall be 20 feet, or the prevailing
setback of the neighborhood, whichever is greater; and, the minimum
front yard setback on the longer street frontage of property shall
be a minimum of eight feet, unless otherwise provided in the preceding
paragraph in 38-5.1c above.
All corner lots in the R-1M Zone shall have two front yards.
The minimum front yard setback shall be 20 feet or the prevailing
setback of the neighborhood, whichever is greater. The minimum lot
frontage for corner lots shall be 60 feet; the minimum lot area shall
be 6,000 square feet.
d.
Through Lots. A through lot shall be considered as having two street
frontages, both of which shall be subject to the front yard requirements
of the Zoning Schedule of this chapter. For location purposes of accessory
uses and projections into the required yards only, such as decks,
sheds, patios, pools, and all other accessory uses and projections
into the required yards as defined under this Chapter, the yard opposite
of the dwelling's main ingress shall be considered the rear yard on
residential through lots.
e.
Required Area or Space Cannot Be Reduced. The area or dimension of
any zone lot, yard, parking area, nonconforming use, or other space
shall not be reduced to less than the minimum required by this chapter;
and if already existing as less than the minimum required by this
chapter, the area or dimension may be continued and shall not be further
reduced.
[Ord. No. 10-14-87 § 138-5.100; Ord. No. 1999-O-2 §§ 16-17,
37]
a.
Every principal building shall be built upon a lot with frontage
upon an improved and approved street in accordance with the street
standards established by the Town of Kearny.
b.
Any property which contains access to one or more approved and improved
streets at its property line but does not contain sufficient street
frontage as required herein shall not be construed to be landlocked.
Where such conditions do exist or are created by virtue of a subdivision,
no building permit or occupancy permit shall be granted unless and
until the property contains the required amount of street frontage
as required herein.
c.
(Reserved)
d.
Lot Located in More Than One Zone. For any zone lot which is located
in more than one zone district, which district differs in character
by permitting residential, commercial or industrial uses, all yard,
bulk and other requirements shall be measured from the zone boundary
line and not the true lot line.
[Ord. No. 10-14-87 § 138-5.200; Ord. No. 1999-O-2 §§ 18
— 20; Ord. No. 2004-(O)-12; Ord. No. 2005-(O)-09 § 2; Ord. No. 2005-(O)-42 § 6; Ord. No. 2012-11; Ord.
No. 2012-19; Ord. No. 2012-37]
a.
General.
1.
Required courts or yards shall be open to the sky, unobstructed except
for the ordinary projection of parapets, skylights, window sills,
doorposts, rainwater leaders and ornamental features, which may project
not more than six inches into such yard or court. Roof overhangs may
extend into any required yard a distance not to exceed 18 inches,
unless the yards are in excess of eight feet, in which case a roof
overhang may extend a distance not to exceed three feet.
2.
In residential districts, an open porch, one story in height, may project not more than eight feet into the required front yard, except as provided in subsection 38-5.1c. In no distance shall an open porch be located closer than 10 feet to a front lot line including any steps thereto and in no case shall it extend further than five feet beyond the majority of houses on the street.
b.
Projection into Required Yards. Certain architectural features may
project into required yards as follows:
1.
A cornice may project into the required front yard to an extent not
exceeding three feet or over a side yard, outer lot line court or
a rear yard to an extent not exceeding 1/4 of the width of such yard
or court, or to a distance of one foot in any case and to a maximum
distance of not over three feet.
Wall-mounted roofs over first floor front facade entryways may
project into the required front yard but not into the public right-of-way
provided such roofs cover no more area than a rectangle extending
four feet from the wall and having a width of no more than six feet
and provided such roofed entryways remain open and not enclosed by
screening or any other type of enclosure.
2.
Ground-story bay windows, oriels or balconies may project not more
than three feet into any required side yard which has a width of eight
feet or more. No such projecting structure shall have a width of greater
than 12 feet. Uncovered steps and/or platforms may be permitted in
any side yard, provided they are no more than three feet high and
eight feet in length, and do not extend more than three feet from
the side wall, providing the remaining side yard is not less than
two feet. Chimneys may project not more than three feet into any required
side yard; provided, however, that such chimneys in an R-1 District
must be at least three feet from the side lot line, and in R-2 and
R-3 Districts, said chimneys must be at least two feet from the side
lot line.
(a)
Residential structures. Exterior chimneys or vents must be encased
with either brick or other faced material compatible with the existing
exterior finish.
(b)
Commercial structures. Exterior chimneys or vents which face
a public right-of-way or are in public view, must be encased with
either brick or other faced material compatible with the existing
exterior finish.
3.
An open fire escape or balcony to a fire tower may project no more
than four feet into a required yard area.
4.
Patios may be located in any side or rear yard, provided that they
are no closer than two feet to any property line.
5.
Raised platforms including decks, swimming pool decks, and uncovered
porch platforms may be located in any side or rear yard provided that
such structure is not closer than three feet to any property line.
Such structures are not subject to lot coverage or improved lot coverage
requirements.
(a)
BALCONY, EXTERIOR
DECK
PORCH
Definitions.
Shall mean an exterior floor projecting from and supported
by a structure without additional independent supports.
Shall mean all exterior floor supported on at least two opposing
sides by an adjacent structure, and/or posts, piers or other independent
supports.
Shall mean a roofed open area, which may be screened, usually
attached to or part of and with direct access to or from a building.
(b)
Raised platforms and platforms surrounding aboveground swimming
pools may be located in any side or rear yard provided that such structure
is not closer than three feet from any property line. Such structures
are not subject to lot coverage or imposed lot coverage requirements.
6.
Decks may be allowed subject to the following conditions:
(a)
Decks shall only be located in the side or rear yards of a specific
property.
(b)
Decks shall be subject to the bulk yard requirements (side and
rear yard) of the zone in which they are located, however, a deck
may extend 10 feet into the rear yard setback.
(c)
The deck structure shall be calculated into the improved lot
coverage requirements of the zone in which they are located to the
extent that the area of the deck (in addition to any patios) exceeds
100 square feet.
(d)
Second story decks may be allowed but may not be larger than
100 square feet.
7.
Brick paver patios may be allowed subject to the following conditions:
(a)
Brick pavers shall be defined as blocks made from shale and/or
clay, which are kiln fired and manufactured in molds.
(b)
Brick paver patio shall be subject to the bulk yard requirements
(side and rear yard) of the zone in which they are located.
(c)
The brick paver patio shall be calculated into the improved
lot coverage requirements of the zone in which they are located to
the extent that the area of the brick paver patio in the aggregate
(in addition to any deck structure) exceeds 100 square feet.
(d)
The 100 square foot exemption listed within paragraph c shall
only be applicable if the brick paver patio is constructed atop a
stone or gravel base with the stone or gravel base being laid directly
atop undisturbed, permeable earth. Brick paver patios which are constructed
atop impervious surfaces such as concrete, asphalt or plastic tarps
shall not be considered permeable and shall not be subject to the
100 square foot exemption within paragraph b,7(c).
c.
Front Yard Exception. Every lot in a residential district shall have
a front yard as required in Schedule II, Area, Yard and Bulk Requirements[1] except that within the same residential district where
the average front setback of existing buildings along the same side
of the street, within the same block, and within 200 feet of the subject
lot is greater than that in Schedule II, that average setback shall
be considered the minimum. The required building setback shall apply
to any story or part of any building except that cornices and eaves
shall be allowed to protrude up to two feet further than the main
building wall. The front yard setback in R-1 Zones shall be the prevailing
setback of the neighborhood. If the setback is greater than the minimum
twenty-foot front yard setback, the greater setback shall prevail.
The front yard setback in the R-1M Zone shall be the prevailing setback
of the neighborhood. If the length is greater than the minimum 20
feet front yard setback, the greater setback shall prevail.
Where the front yard is not controlled by the preceding paragraph,
no principal residential building shall extend within the specified
distance from the front lot line indicated in Schedule II, Area, Yard
and Bulk Requirements, except that an uncovered porch may extend into
a required front yard as indicated herein.
[1]
Editor's Note: Schedule II, referred to herein, may be found
as an attachment to this chapter.
d.
Front Yard Requirements Affected by Official Map or Master Plan.
Where any lot fronts upon a street right-of-way which is proposed
to be widened as indicated on the Official Map of the Town of Kearny,
or in the adopted Master Plan of the Town of Kearny or by the Hudson
County Master Plan or Official Map, as provided by law, the front
yard or front side in such district shall be measured from such proposed
future right-of-way line.
e.
Rear Yard Exception. When, at the time of the adoption of this chapter,
there is a lot of less than 100 feet depth, the rear yard may be reduced
one foot for every two feet of deficiency from the prescribed depth
of the rear yard, provided no part of any rear yard shall be less
than 20 feet in depth.
f.
Courts.
1.
In any residential district, where permitted, the minimum width of
an inner court at its lowest level shall not be less than eight inches
per foot of height of the enclosing walls of such court measured from
the sills of the lowest story served by it, and the maximum horizontal
dimension of an inner court shall be not less than twice its width;
the least width of an outer court between the walls thereof shall
be at any given height not less than four inches per foot of such
height. The depth of an outer court shall not exceed twice the width.
2.
In any business or industrial district, where permitted, the minimum
width of an inner court at its lowest level shall be not less than
four inches per foot of height of the enclosing walls of such court
measured from the sills of the lowest story served by it; the least
width of an outer court on a lot line shall be at any given height
not less than three inches per foot of height above the lowest level
of such court. The depth of an outer court shall not exceed twice
its width.
g.
Yard Requirements for Apartments in Commercial Zones.
1.
Front Yard. For any building in a commercial zone used for residential
purposes, in whole or in part, a front yard setback shall be provided
which shall be equal to 1/2 the height of the building or a minimum
of 10 feet, whichever is greater.
2.
Side Yard. If a business building is used for dwelling purposes above
the first floor, such residential part of the building as may be more
than two rooms deep shall be set back not less than four feet from
any side lot line.
3.
Rear Yard. For any building in a commercial zone used for residential
purposes, in whole or in part, or for any story of a building containing
living or sleeping rooms, a rear yard shall be required with a minimum
depth of 20 feet, and its level shall be not higher than the floor
of the lowest story containing living quarters.
[Ord. No. 10-14-87 § 138-5.300; Ord. No. 2010-24 § 2]
a.
General Application. No building or structure shall have a greater
number of stories or greater number of feet than are permitted in
the district where such building is located.
b.
Permitted Exceptions. Height limitations stipulated elsewhere in
this chapter shall not apply to church spires, belfries, cupolas and
domes, monuments, chimneys, gas holders or water towers, smokestacks,
elevator towers and enclosures, flagpoles, fire towers, or water tanks,
steeples, (occupying in the aggregate less than 10% of the roof area
where they are located) television aerials, or to parapet walls, except
that no parapet wall may extend more than four feet above the limiting
height of the building. Mechanical appurtenances such as condensors,
exhaust fans, elevator housing and other similar equipment are exempt
from these height restrictions provided they do not extend more than
15 feet above the maximum height limitation and are suitably screened.
A mezzanine story shall also be considered to be a full story.
c.
The maximum permitted height in the R1 Zone for one-family residential
use shall be 2.5 stories and 33 feet. The maximum permitted height
in the R2 Zone for one-family residential use shall be 2.5 stories
and 33 feet. The maximum permitted height in the R2 Zone for two-family
residential use shall be three stories and 33 feet.
[Ord. No. 10-14-87 § 138-5.400; Ord. No. 2010-23 § 1]
The maximum lot coverage on each zone lot shall not be greater
than is permitted in the district where such buildings and structures
are located and shall include all porches, chimneys, extensions and
accessory buildings.
The maximum building coverage on a minimum 5,000 square foot
lot or greater than the R-1 and R-2 Zones shall be 30% with accessory
structures not counted toward the maximum building coverage.
The maximum building coverage on lots greater than 3,500 square
feet and less than 5,000 square feet, the following lot coverage including
accessory structures within the maximum building coverage calculations
shall be as follows:
|
Lot Area
|
Maximum Building Coverage
|
|---|---|
|
3,501 to 3,875 square feet
|
34%
|
|
3,876 to 4,250 square feet
|
33%
|
|
4,251 to 4,625 square feet
|
32%
|
|
4,626 to 4,999 square feet
|
31%
|
|
The maximum building coverage on lots of 3,500 square feet or
less in the R-1 and R-2 Zones shall remain 35% and shall include accessory
structures within the maximum building coverage calculations.
|
[Ord. 10-14-87 § 138-5.500]
The maximum improved lot coverage shall not exceed the percentage
indicated in the Schedule of Area, Yard and Bulk Requirements[1] herein for each zone district designated.
[1]
Editor's Note: Schedule II, referred to herein, may be found
as an attachment to this chapter.
[Ord. No. 10-14-87 § 138-5.600; Ord. No. 6-27-90]
There shall be not more than one principal building on each zone lot in any residential district, except as provided in subsection 38-5.9 paragraphs h., k. and m.
[Ord. No. 10-14-87 § 138-5.700; Ord. No. 2004-(O)-12; Ord.
No. 2005-(O)-09 § 2; Ord.
No. 2010-26]
a.
Enclosed Uses. Any enclosed use required by any Town Ordinance to
be landscaped shall provide a fence, or a visual screen as may be
required by the approving authority, designed to produce a dense cover
consisting of evergreen or evergreen type hedges or shrubs, spaced
at intervals of not more than six feet, located and maintained in
good condition within 10 feet of the property line.
b.
Unenclosed Uses. Any use which is not conducted within a completely
enclosed building including but not limited to storage yards, lumber
and building materials yards, and parking lots, shall be entirely
enclosed by a fence as may be required by the approving authority.
This section shall not apply to nurseries, or to automobile or trailer
sales areas, except when abutting a residential zone.
c.
Maintenance. Any fencing or landscaping installed in accordance with
this section shall be maintained in good order to achieve the objectives
of this section. Failure to maintain fencing or to replace dead or
diseased landscaping shall be considered a violation of this chapter.
d.
Front Yards in the R-1M Zones. The front yard areas in the R-1M Zone
shall be landscaped with grass and/or other vegetative cover, shrubs
and/or trees to a minimum of 70% of the front yard area. The "front
yard area" is defined as the area between the front street line and
the building line across the full width of the lot. In addition, no
trees located on the street frontage shall be removed to provide driveway
access.
e.
Front Yards in R-2 Residential Zones. The front yard areas in R-2
Zones shall be landscaped with grass and/or other vegetative cover,
shrubs and/or trees to a minimum of 45% of the front yard area. The
"front yard area" is defined for purposes of this section as the area
between the front street line and the building line across the full
width of the lot. In addition, no trees located on the street frontages
shall be removed to provide driveway access.
[Ord. No. 2004-(O)-69 §§ 1.1
— 1.10]
a.
Title. This subsection shall be known as the Town of Kearny Lot Grading
Ordinance.
b.
Purpose. The purpose of this subsection is to control and regulate
the indiscriminate or excessive removal of soil thereby creating drainage
issues, stormwater runoff, soil erosion large-scale clear-cutting
and destruction of trees and to control, regulate and prevent conditions
which cause an increase in stormwater run-off, sedimentation, soil
erosion, air or noise pollution, or impair the ambiance or physical
appearance of a neighborhood. The regulations contained in this subsection
are designed to limit such adverse impact while not interfering with
the right of a town property owner to appropriately remove trees in
accordance with the regulations as set forth hereinbelow.
c.
Governed Acts. No person may alter, remove or otherwise disturb land
or soil on any lot or property within the Town of Kearny, except in
accordance with the terms and conditions of this subsection.
d.
Zoning Grading Permit Required. No person directly or indirectly
shall alter, remove or otherwise disturb land or soil on any lot or
property without having obtained a zoning grading permit as follows:
1.
Permit Required Prior to Land Disturbance or Construction. No land
area shall be developed by any person such that:
(a)
The rate of stormwater runoff occurring at the area is increased
over what occurs there under existing conditions.
(b)
The drainage of adjacent areas is adversely affected.
(c)
Soil erosion during and after development is increased over
what naturally occurs there under existing conditions.
(d)
Soil absorption and groundwater recharge capacity of the area
is decreased below what occurs there under existing conditions.
(e)
The natural drainage pattern of the area is significantly altered.
Unless the Town Engineer has first approved a lot grading and
soil erosion and sediment control plan for the proposed activity and
the Construction Code Office has issued a zoning grading permit to
allow such activity to proceed.
2.
Exemptions from Requirement.
(a)
Any development which has received site plan or subdivision
approval from the Planning Board or Board of Adjustment shall be exempt
from the requirements of paragraph d,1 of this section; provided,
however, that individual lots for one or two-family dwellings included
within any approved subdivision shall not be exempt by this paragraph
d, 2 (a).
(b)
Provided that there are no environmentally sensitive areas,
such as but not limited to, steep slopes, wetlands, streams or bodies
of water located in the area to be graded or disturbed and further
provided that, in the opinion of the Town Engineer, the proposed land
disturbance will not create a soil erosion problem, then the following
exemptions may be granted by the Construction Code Enforcement Official:
(1)
Land disturbance of less than 15% of total lot area.
(2)
Land disturbance for the purpose of constructing an addition
less than 350 square feet to an existing single- or two-family dwelling.
Any proposed land disturbance exempted by the provisions of
paragraphs d, 2 (a) and/or d, 2 (b) (1) or (2), shall not be required
to obtain a zoning grading permit.
3.
Grading Plan Preparation and Contents. The lot grading and soil erosion
control plan shall be prepared by a professional engineer licensed
by the State of New Jersey. The plan must detail how the requirements
of paragraph d, 1 will be met. If the site currently has a drainage
problem as the result of previous development, the plan should propose
a method to address the existing conditions. The Town Engineer will
review the plan to determine if the improvement is feasible and warranted.
Two copies of the plan shall be submitted to the Construction Code
Office together with two copies of an application for a zoning grading
permit and the fee required by paragraph, 5 of this subsection. The
lot grading and soil erosion and sediment control plan shall contain
the following information:
(a)
Date.
(b)
Layout of proposed buildings and structures.
(c)
North arrow; scale; block and lot number of the subject property
(or properties); name and address of record owner; name address, license
number and seal of the person preparing the plan.
(d)
Complete lot boundary line information based on a current survey
prepared by a New Jersey licensed land surveyor.
(e)
Building setback lines, lines of existing streets, easements
affecting the property and any areas dedicated to public use.
(f)
Location of existing buildings and structures, if any, including
walls, fences, culverts and bridges. Spot elevations as to all such
structures shall be provided. Structures to be removed shall be indicated
by dashed lines.
(g)
Location of all existing and proposed storm drainage structures.
The information shall include proposed methods of controlling on-site
stormwater, and may include grading, use of underground leaders to
stormwater systems or dry wells, and other similar or related methods.
(h)
Existing contours at two-foot intervals where slopes are less
than 10% and five-foot intervals where slopes are 10% or greater.
Existing contours shall be shown by dashed lines.
(i)
Proposed contours with similar intervals. Proposed contours
shall be shown by solid lines. All changes in grade proposed on site
or adjacent to the building must be delineated on the Proposed Contour
Plan.
(j)
Location of existing rock outcroppings, high points, watercourses,
depressions, ponds, marshes, wooded areas and other significant natural
features.
(k)
Proposed use of land, buildings and other structures, including
driveways, roads, curbs, sidewalks and other paved areas.
(l)
Existing and proposed utility locations.
(m)
Landscaping plans showing existing vegetation to remain and
all areas to be seeded or planted. Size and type of proposed trees
and shrubs shall be indicated. All trees eight inches DBH or greater
shall be shown.
(n)
Disturbance fencing shall be provided around the limits of all
areas of disturbance.
(o)
Silt fencing and/or hay bales shall be provided downstream of
all areas of all areas of disturbance.
(p)
Such other information as may be required by the Town Engineer
in order to determine that the requirements of this section have been
met.
(q)
Narrative describing the existing conditions and any proposed
improvements as a result of the change in grade.
4.
Time for Action. The Town Engineer shall review and approve, conditionally
approve or deny the lot grading permit application within 30 days
of the date on which a complete application is submitted. Otherwise,
the applications for a grading permit shall be deemed to be approved.
5.
Fee. Each applicant for a zoning grading permit under this subsection
shall submit a review fee payable to the Town of Kearny in the amount
of $200 for the review by the Town Engineer and a $25 fee for the
issuance of the permit.
e.
General Requirements. Since considerable soil erosion can take place
during land disturbance, development plans shall contain proposed
soil erosion and sediment control measures. The measures shall be
incorporated into the final plan and final construction drawings.
Soil erosion and sediment control measures shall conform to the Standards
and Specifications for Soil Erosion and Sediment Control. The measurers
shall apply to all features of the constructions site, including street
and utility installations as well as to the protection of individual
lots. Measurers shall also be instituted to prevent or control soil
erosion and sedimentation during the various stages of development.
f.
Guaranties. Improvements or such other measures on an approved lot
grading plan that may be required subsequent to the start of construction
or site development work may be deferred until such appropriate time
as when required. The Town Engineer shall provide for the posting
of performance guaranties and maintenance bonds in the same manner
as provided in this ordinance. For drainage (i.e., piping) catch basins.
g.
Review and Approval of Plan; Copies of Decision. If required, the
Town Engineer shall refer soil erosion and sediment control portion
of the application to the Hudson County Soil Conservation District
or such other local, County, State or Federal agency as may be particularly
qualified to review said plan, and no approval of the Town Engineer
shall be given until after receipt and recommendations thereof. Such
review and approval shall be made within a period of 30 days of submission
of a complete application unless, by mutual agreement in writing between
the municipality and the applicant, this period is extended for an
additional 30 days. Failure of the municipality to make a decision
within such period of such extension thereof shall constitute certification.
The applicant shall be provided with written notice of such decision
by the Town Engineer or other authorized municipal agent. A copy of
such decision, including name of applicant, site location by street
address and block and lot number, and proposed land use shall be sent
to the Hudson County Soil Conservation District. The municipality
shall also make available such other information as may be required
by the District.
h.
Maintenance. Individuals or developers carrying out soil erosion
and sediment control measures under this subsection, and all subsequent
owners of property on which such measurers have been installed, shall
adequately maintain all permanent soil erosion control measures, devices
and planting in effective working condition for a period of two years
after completion of the approved plan implementation. The Town Engineer
shall give the applicant upon request a certificate indicating the
date on which the measurers called for in the approved plan were completed.
i.
Enforcement. The requirements of this subsection shall be enforced by the Construction Code Enforcement Department, which shall inspect or require adequate inspection of the work. If the Construction Code Enforcement Department finds any existing conditions not as stated in any application, he may refuse to approve further work, and shall notify the Construction Code Official in writing, of the reasons for refusal, and may additionally require necessary engineering measures to be promptly installed and may seek other penalties as provided in Chapter 1, Section 1-5, plus all applicable assessments, surcharges and court costs.
j.
Maintenance Guaranties. Pursuant to the provisions of paragraph e
of this subsection, the Town may require a maintenance guaranty in
favor of the Town of Kearny in an amount not to exceed 15% of the
estimated cost of improvements called for by the lot grading plan,
as the total cost thereof shall be estimated by the Town Engineer.
Said maintenance guaranty shall run for a period of two years and
said guaranty shall provide for the proper repair and/or replacement
of any such improvements during said period of two years. The said
two-year period shall run from the date of the issuance of the first
certificate of occupancy for the last home in such development as
shown on the preliminary plat, or the date of issuance of the certificate
of occupancy for a site plan.
[Ord. No. 10-14-87 § 138-6.100; Ord. No. 6-27-90; Ord.
No. 12-12-90; Ord. No. 4-24-91; Ord. No. 1999-O-2 §§ 22
— 25; Ord. No. 2006-(O)-55A § 1]
a.
Automobile Sales, New and Used. The open display or storage for sale
of used or new motor vehicles shall be screened in accordance with
the requirements of subsection 38-5.10.
In addition, the uses shall be subject to the requirements of
the special ordinance of the Town of Kearny licensing and regulating
the businesses.
b.
Carpet and Rug Cleaning Establishments and Dry Cleaning Establishments.
Carpet and rug cleaning establishments and dry cleaning establishments,
where permitted, shall meet the following requirements:
1.
Not more than five mechanics or skilled workers are employed on the
premises, except as hereinafter specified.
2.
That no mechanical power exceeding five rated horsepower is utilized.
3.
That no steam pressure exceeds 80 pounds per square inch gauge pressure,
and
4.
The major portion of the products manufactured or treated is to be
sold at retail on the premises or the service is performed primarily
for residents of the locality.
5.
Only the ground floor or an equivalent area shall be used for such
purposes.
c.
Cemeteries. Any property used as a cemetery shall be provided with
an entrance on a street or road which shall have a pavement width
of not less than 20 feet, with ingress and egress so designated as
to minimize traffic congestion, and a minimum six-foot high fence
or evergreen or evergreen-type hedge or shrubs at intervals of not
more than six feet, or a minimum of 10 feet of permanently maintained
planting strip on all property lines abutting any R District or residential
street. No internment shall take place closer than 15 feet to any
street right-of-way line. In the event a wider street right-of-way
line is designated on the Town Official Map or Master Plan, the requirements
shall be measured from the proposed realignment or widened alignment
as indicated on the Official Map or Master Plan.
d.
Churches and Other Places of Worship. Churches, synagogues and other
places of worship shall be governed by the following regulations:
2.
Any church facility which maintains a school accredited by the State
of New Jersey for elementary or high school grades shall also provide,
in addition to the minimum lot area standards for the church, synagogue
or other place of worship, a minimum lot area as approved by the New
Jersey State Board of Education.
e.
Community Buildings, Clubs, Social Halls, Lodges, Fraternal Organizations
and Similar Uses.
1.
All buildings shall be located a minimum of 10 feet from a side or
rear property line and a minimum of 20 feet for a front yard or the
minimum front yard setback in the district in which it is located,
whichever is greater.
2.
In R-Districts, where permitted, there may be included retail sales
for members and their guests only.
f.
Commercial and Public Parking in Commercial and Industrial Uses.
Commercial and public parking facilities used for the storage of automobiles
by the hour, day, week or month shall be subject to the following
criteria and standards:
1.
Any entrance or exit shall be located at least 50 feet from the intersection
of any street lines.
2.
All interior roadways and parking berths shall be paved with a dust
proof surface.
3.
Landscaping shall be required as provided in the Kearny Town Subdivision
and Site Plan Ordinance, to screen the parking lot from abutting or
adjacent residential areas and to maintain the character of the neighborhood.
4.
No public garage or commercial parking lot shall have an entrance
or exit connected with a public street at a point closer than 200
feet, measured along the street line on the same or opposite side
of the street, to a main entrance of a public or private school, public
library, church, theater, hospital, fire station, playground, orphanage
or children's home housing children under 16 years of age, or other
public gathering place, or to any street entrance to such buildings
or public gathering places.
5.
No part of any vehicle entrance to or exit from any public garage
or commercial parking lot shall be closer than 50 feet to the boundary
line of any residential district.
6.
No part of any public garage shall have a gasoline or oil pump, car
lift or other service appliance used to serve or supply motor vehicles
erected within 25 feet of any boundary line of any residential district.
7.
No part of any public garage shall be used for auto body repair or
painting.
g.
Extraction or Excavation Operation. The extraction or excavation
of soil, sand, gravel, rock, and other surface or sub-surface materials
and/or the processing of same shall meet the following requirements:
1.
Performance Standards. The performance standards of the Town and
New Jersey Department of Environmental Protection shall apply to the
excavation and extraction of natural resources. The application shall
also comply with standards of the New Jersey Soil Conservation Service.
2.
Structural Maintenance. All buildings and structures shall be maintained
in an adequate and safe condition at all times.
3.
Protective Fencing. The approving authority shall require protective
fencing or other means of protection at the site of an excavation.
4.
Rehabilitation. All land which has been excavated must be rehabilitated
in accordance with standards set within one year after the termination
of operations; at the expense of the operator. It is further provided
that where an excavation operation has lasted longer than one year,
rehabilitation of land in accordance with standards set must be begun
and completed within one year's time. The Town may require a performance
bond or some other financial guarantee that the conditions of this
chapter shall be satisfied.
(a)
All excavations must be either made to a water-producing depth,
or graded and back filled.
(b)
Excavations made to a water-producing depth shall be properly
sloped to the water line, with banks sodded or surfaced with soil
of an equal quality to adjacent land area topsoil; such topsoil required
under this section shall be planted with trees, shrubs, legumes, or
grasses.
(c)
Excavations not made to a water-producing depth must be traded
or backfilled with non-noxious, nonflammable, noncombustible solid
material and in a topographic character which will result in substantial
conformity to adjacent lands. Such grading or backfilling shall be
designed to minimize erosion and shall be surfaced with a soil equal
in quality to that of adjacent land area and planted with trees, shrubs,
legumes, or grasses.
All buildings and structures used in such operations shall be
dismantled and removed by and at the expense of the operator within
one year following termination of the operations.
5.
Landscaping. The provisions of subsection 38-5.10 shall also apply.
6.
Soil Mining Ordinance. In addition, all requirements of the soil
mining ordinance shall be complied with. In the event these subsections
are inconsistent with this ordinance, the more restrictive code shall
apply.
h.
Garden Apartments and Multiple-Family Dwellings. In addition to the
area, bulk and yard requirements indicated in Schedule II, Area, Yard
and Bulk Requirements[1], the following requirements are also applicable for garden
apartments and multiple-family dwellings.
1.
Garden Apartments.
(b)
Maximum number of dwelling units per grouping. Each garden apartment
building shall not contain more than 12 dwelling units, and in attached
buildings not more than 36 dwelling units, with no portion of the
building below the first story used for dwelling purposes, except
that a basement where the floor is not more than three feet below
grade may contain living quarters for the building superintendent
and his family.
The maximum length of any garden apartment building shall not
exceed 200 feet. The building design shall not be inaccessible by
emergency vehicles.
(c)
Courts. Where a court is provided, it shall have dimensions
the minimum of which shall be 30 feet.
(d)
Recreation space. There shall be provided on the site such developmental
area or areas of not less than 100 square feet of recreation space
for each dwelling unit but in no case shall there be less than 2,000
square feet devoted to the joint recreational use of the residents
thereof. Such recreation space shall be appropriately located in other
than a front yard and shall be required to be developed with passive
and/or active recreational facilities.
2.
Multiple-Family Dwelling.
(a)
Yard requirements. For multiple-family dwellings in an R-3 zone,
each side yard shall have a minimum depth as noted in Schedule II,
Area, Yard and Bulk Requirements[3], or a side yard equal to 1/3 the height of the building
wall, whichever is greater but in no case shall the side yard be less
than 10 feet.
[3]
Editor's Note: Schedule II, referred to herein, may be found
as an attachment to this chapter.
3.
Standards applicable to garden apartments and multiple-family dwellings.
(a)
Distances between buildings. The minimum distance between any
two buildings on the same lot having heights of 2 1/2 stories
or less shall not be less than 35 feet. The minimum distance between
any two buildings on the same lot where at least one of the buildings
has a height of more than 2 1/2 stories shall not be less than
45 feet.
(b)
General landscaping. Any unenclosed use or area may be required
by the approving authority to be landscaped and provision, when deemed
necessary, shall also be made for landscaping in accordance with subsection
38-5.10.
[1]
Editor's Note: Schedule II, referred to herein, may be found
as an attachment to this chapter.
i.
Newspaper or Job Printing. Newspaper or job printing operations shall
be permitted in specified commercial zones subject to the same provisions
enumerated in paragraph b except not more than 10 skilled workers
or 10 rated horsepower shall be permitted.
j.
Restaurants, Eating and Drinking Establishments and Fast-Food Restaurants.
1.
General. Any building or structure designed, used or intended for
use as a restaurant or an eating or drinking establishment shall prohibit
the sale or consumption of food or beverage within any designated
parking area or open space outside of the confines of an enclosed
structure on the site, except for designated patio or terrace areas.
2.
Fast-Food Restaurants. Any building or structure designed, used,
or intended for use as a fast-food restaurant shall meet the following
requirements:
k.
Townhouse Requirements. The development of townhouses whether in
a fee or other form of ownership shall comply with the additional
requirements that are herein noted.
1.
No building group shall exceed six dwelling units or 160 feet, whichever
is the lesser.
2.
The front building wall shall be minimally offset by five feet at
least for every two dwelling units.
3.
The side yard setback for an end dwelling unit shall be 10 feet.
The side yard space between two townhouse structures shall be no less
than 20 feet.
4.
Each townhouse dwelling shall minimally provide one enclosed parking
space.
l.
(Reserved)
m.
Planned Residential Developments.
1.
No Planned Residential Development may be established on a tract
of less than seven acres in size.
2.
Planned Residential Developments may include townhouses, duplex townhouses
and apartments, provided that no more than 10% of the total units
shall be apartments. In Planned Residential Developments townhouse
units may be attached to apartment units by not more than two party
walls extending from the foundation to and through the roof. No back-to-back
apartment structures shall be permitted in Planned Residential Development
Districts, nor shall more than two apartment units be permitted between
party walls.
3.
The gross density of Planned Residential Developments shall not exceed
18.27 units per acre.
4.
A minimum building setback of 30 feet shall be provided from any
public street right-of-way line and a minimum building setback of
20 feet from any other property line. No portion of any parking area,
aisle or driveway shall be permitted within 15 feet of a property
line. A landscaped buffer area at least 15 feet in width shall be
provided within all tract perimeter setback areas. Along and generally
parallel to adjoining public streets such landscaped buffers shall
also include a berm not less than five feet in height measured from
the unadjusted grade. Any roof overhang or eave not exceeding two
feet shall be permitted to encroach into the required perimeter setbacks.
Decks or patios may extend into the required perimeter setbacks other
than along an adjoining public street, provided the floor elevation
is not more than two feet above the finished grade measured at the
front edge of the deck or patio, and provided that no portion of such
decks or patios are within 15 feet of a property line.
5.
No building within the Planned Residential Development shall exceed
a height of 35 feet measured from the average finished grade around
the base of a building to the mean height of the gable or main roof
slope.
6.
A minimum of 10 feet shall be provided between a building and the
curb of an internal private street.
7.
A minimum of five feet shall be provided between a building and an
off-street parking area except where such space is provided within
a driveway or stacked parking space.
8.
All internal private streets shall be a minimum of 24 feet in width
measured from curb to curb. All alleyways shall be a minimum of 20
feet in width.
9.
No building shall exceed 190 feet in length. A minimum offset of
two feet shall be provided in the front facade, for at least every
50 feet in length.
10.
The following minimum distance between buildings shall be provided.[5]
(a)
Front to front: 60 feet.
(b)
Front to rear: 60 feet.
(c)
Front to side: 35 feet.
(d)
Rear to rear: 45 feet.
(e)
Rear to side: 35 feet.
(f)
Side to side: 25 feet.
In such cases where a pergola, strium or other structure physically
connects two buildings and provides a breezeway and private entranceway
to the side of a building, such side-to-side distance may be reduced
to 15 feet, provided the overall length of the two buildings and the
intervening spaces does not exceed 200 feet in length.
[5]
Note: The rear of the building shall be that side from which
vehicular access is provided or which contains enclosed garages or
which is closest to the parking area or driveway provided for that
building.
11.
The following minimum number of parking spaces per dwelling unit
shall be provided:
|
Apartments
|
Townhouses and Duplex Townhouses
| |
|---|---|---|
|
1 bedroom
|
N/A
|
1.8
|
|
2 bedroom
|
1.8
|
2.1
|
|
3 bedroom
|
N/A
|
2.4
|
12.
All parking spaces within enclosed garages shall be counted for the purposes of meeting required parking on-site. All driveway spaces which are a minimum of nine feet wide by 20 feet in length shall also be counted as one space towards meeting the required parking on-site. All other parking spaces other than driveway spaces shall be nine feet wide by 18 feet in length, provided an overhang of two feet is provided, otherwise the required dimension shall be nine feet wide by 20 feet in length. The provisions of subsection 38-7.6e shall not apply to Planned Residential Developments.
13.
A minimum recreation area of 30 square feet per unit shall be set
aside for recreation. Such recreation area or areas shall provide
for active recreation such as play equipment or tot lots, and passive
recreation such as sitting areas. However, there shall be at least
one tot lot provided on-site. Such recreation areas may be provided
in one or more areas, provided that each is no less than 1,600 square
feet in size.
14.
No sidewalks shall be required. However, walkways which shall not
consist of macadam, shall be provided to facilitate pedestrian movement
on-site.
15.
Mountable curbs shall be provided along all internal private streets.
16.
No concrete block or asphalt shingle shall be permitted as a finish
material for any building, except that asphalt shingle may be used
for roofs. In Planned Residential Developments, all structures shall
have the appearance of attached townhouse units.
17.
All open spaces not covered by impervious surfaces shall be planted
with grass or landscaping material.
18.
The developer of a Planned Residential Development shall be required
to either provide 20% of the total units in the development for families
of low and moderate income or to contribute to the Affordable Housing
Trust Fund a cash payment of $12,000 per unit for 20% of the total
units in the development, in lieu of not being required to provide
units affordable to low and moderate income families on-site.
Where a developer chooses to provide low and moderate income
units on-site, the units shall be built in accordance with the following
schedule:
|
Minimum Percentage of Low and Moderate Income Units Completed
|
Percentage of Market Housing Units Completed
|
|---|---|
|
0
|
25
|
|
10
|
25 + 1 unit
|
|
50
|
50
|
|
75
|
75
|
|
100
|
90
|
|
100
|
|
Where a developer chooses to provide an in-lieu-of-cash payment,
1/3 of the total payment due shall be payable upon the issuance of
the first building permit with the balance to be paid pro rata on
the issuance of the certificates of occupancy for the remaining units.
Payment shall be simultaneous to the issuance of the building permit
and certificates of occupancy.
|
n.
CLH Conventional and Limited Income Housing. District. The CLH Zone
is designed for and permits conventional residential development in
combination with limited income housing (LIH) as well as accessory
uses and conditional uses as permitted and regulated in the R-1 One-Family
Residential Zone, CLH developments all meet the following criteria.
1.
Minimum Lot Area. No CLH development shall be established on a lot
with an area of less than three acres.
2.
Intensity of Development. The maximum gross density of any tract
inclusive of conventional housing and LIH units shall not exceed 14
dwelling units per acre, provided, that any development in the CLH
Zone shall provide for LIH at the rate of 2.8 dwelling units per acre.
3.
Housing Types. Conventional and limited income housing may consist
of townhouses, duplex townhouses and apartments arranged and sited
in a fashion approved by the Planning Board.
4.
Required Conditions. The following requirements must be complied
with in the CLH Conventional and Limited Income Housing District.
(a)
Setbacks. A minimum building setback of 30 feet shall be provided
from any street right-of-way or other property line. No portion of
any parking area, parking aisle, driveway or internal roadway other
than street access ramp shall be permitted within 15 feet of any street
right-of-way or other property line. A landscaped buffer area at least
15 feet in width shall be provided within all perimeter setback areas.
Such landscaped buffers may, at the discretion of the Planning Board
also be required to include a berm not less than five feet in height
measured from the unadjusted grade.
(b)
Building height. No building shall exceed a height of 40 feet
measured from the average finished grade around the base of the building
to the mean height of the gable or main roof slope.
(c)
Distances. A minimum distance of 15 feet shall be maintained
between any building and the curbline of an internal private roadway.
A minimum distance of 10 feet shall be maintained between any building
and an off-street parking area other than a driveway accessing an
individual enclosed garage.
Distances between buildings shall be maintained in the following
manner:
|
Front-to-front perimeter wall
|
60 feet
|
|
Front-to-rear perimeter wall
|
60 feet
|
|
Rear-to-rear perimeter wall
|
60 feet
|
|
Front-to-side perimeter wall
|
40 feet
|
|
Rear-to-side perimeter wall
|
40 feet
|
|
Side-to-side perimeter wall
|
30 feet
|
(d)
Roadways and driveways. All internal private roadways shall
have a width of at least 24 feet measured between curbs. Single driveways
and double driveways accessing individual garages shall have widths
of not less than 11 feet or 22 feet respectively. Internal private
roadways parking areas and driveways shall be curbed along their entire
lengths.
(e)
Parking. The minimum number of off-street parking spaces provided
shall be according to the following schedule:
|
Unit Size
|
Apartments
|
Townhouses and Duplex Townhouses
|
|---|---|---|
|
1 bedroom
|
1.5 spaces
|
1.8 spaces
|
|
2 bedroom
|
1.8 spaces
|
2.1 spaces
|
|
3 bedroom
|
2.0 spaces
|
2.4 spaces
|
|
4 bedroom or larger
|
2.2 spaces
|
2.6 spaces
|
|
All parking spaces provided within enclosed garages may be counted
for the purpose of satisfying off-street parking requirements. Single
or double driveways accessing individual garages with lengths of at
least 25 feet measured between the curbline of a private internal
roadway and an individual garage may also be counted as single or
double parking spaces respectively, for the purpose of meeting off-street
parking requirements.
|
|
Each off-street parking space, other than within a driveway,
shall be a suitably improved rectangular area of not less than 180
square feet, shall be a minimum of nine feet in width measured perpendicular
to the axis of the length, and shall have a minimum depth of 20 feet.
Whenever a parking space abuts along its length an obstruction more
than six inches high the minimum width of the parking space shall
be 12 feet. All parking spaces shall be provided with adequate means
of ingress and egress which shall be kept open and unobstructed at
all times and which shall be designed to provide surface driveways
or aisles to meet the following minimum standards:
|
|
Parking Plan
|
Aisle Width
|
|---|---|
|
Parallel parking on 1 side only (1 way)
|
12 feet
|
|
Parallel parking on 1 side only (2 way)
|
24 feet
|
|
30° angle parking (aisle one-way)
|
11 feet
|
|
30° angle parking (aisle two-way)
|
24 feet
|
|
45° angle parking (aisle one-way)
|
13 feet
|
|
45° angle parking (aisle two-way)
|
24 feet
|
|
60° angle parking (aisle one-way)
|
18 feet
|
|
60° angle parking (aisle two-way)
|
24 feet
|
|
90° angle parking (aisle one or two-way)
|
24 feet
|
|
If approved by the Planning Board, two feet of the 20 feet minimum
length requirement may be satisfied by vehicular overhang over a landscaped
area which is protected by curbing.
|
(f)
Recreation and landscaped areas. Suitably improved recreation
areas totaling at least 50 square feet per dwelling unit shall be
provided within the site. Such recreation areas may be sited at one
or more locations provided that no such area shall encroach into a
required perimeter buffer area and that at least one such recreation
area measures not less than 2,000 square feet. All open spaces not
covered by impervious surfaces shall be planted with lawn and landscape
material according to a plan approved by the Planning Board.
(g)
Rooms and minimum floor areas. Any room other than living room,
dining room, kitchen, bathroom, laundry room, utility room, foyer
or hallway shall be construed as a bedroom, and every unit shall have
at least one bedroom. At least 50% of the residential units shall
have more than one bedroom, provided, however, that at least 10% of
the residential units shall have more than two bedrooms. Minimum floor
areas shall be as follows: one bedroom unit, 540 square feet; two
bedroom units, 750 square feet; three bedroom units, 900 square feet.
The bedroom mix for the low income and the moderate income household
units shall be substantially similar.
(h)
Facilities. Each residential unit shall contain, as a minimum,
a separate living room, a separate bedroom, a separate bath, storage
area, utilities, a separate kitchen, which kitchen facility shall
be located separate and apart from other rooms in the unit with the
exception of the dining room.
(i)
Architecture and construction. The architecture employed shall
be aesthetically congruous with the surrounding area as approved by
the Planning Board. All buildings shall be constructed in accordance
with the State Uniform Construction Code and shall comply with all
other applicable municipal or State requirements.
(1)
No building shall exceed 180 feet in length. A minimum offset
of two feet shall be provided in the front and rear perimeter wall
for at least every 50 feet in length.
(2)
All exteriors of perimeter walls of dwelling structures shall
be of wood, brick, stone or other accepted durable material, provided,
however, that asbestos shingle or cinder block as an exterior finish
is prohibited.
(3)
The exterior of any accessory structures shall harmonize architecturally
with and be constructed of materials of a like character to those
used in principal structures.
5.
All sales or rentals of LIH units shall be in accordance with the
eligibility and other requirements and regulations contained in this
chapter.
6.
Required LIH shall be constructed concurrently and in proportion
with the conventional units built. To assure compliance with this
requirement, after the issuance of certificates of occupancy for 25%
of the conventional housing units, the following schedule shall be
complied with:
|
Minimum Percentage of Low and Moderate Income Units Complete
|
Percentage of Conventional Housing Units Complete
|
|---|---|
|
0
|
25
|
|
10
|
25 + 1 unit
|
|
50
|
50
|
|
75
|
75
|
|
100
|
90
|
|
100
|
|
Nothing contained herein shall preclude the applicant from construction
LIH units prior to the construction of conventional units as provided
in the foregoing schedule.
|
|
At every stage of the development not less than 50% of the LIH
units shall be made available exclusively to low income households.
|
7.
Notwithstanding requirements of this or any other ordinance of the
Town of Kearny concerning fees, the Town of Kearny shall waive the
following fees otherwise due in connection with LIH portions of a
development:
8.
Prior to the approval of any development in the CLH Zone, the Planning
Board shall have approved development plans verifying compliance with
the purposes of this section and all the requirements established
in this chapter. The information submitted in this regard shall include
but not be limited to:
(a)
Environmental impact study;
(b)
All property boundary, topographic and soil information and
other applicable details required in connection with preliminary plats;
(c)
Building floor plans and elevations for all structures;
(d)
Area lighting data, provisions for trash, garbage and refuse
disposal, landscaping plans and utility information;
(e)
Deed restrictions, covenants or other suitable instruments designed
to implement plans and requirements as well as in connection with
eligibility for purchase and rental of conventional and LIH to be
provided as part of the development.
o.
All medical marijuana facilities are subject to the following:
[Added 6-23-2020 by Ord.
No. 2020-12]
1.
All medical marijuana uses shall be duly licensed by the State of
New Jersey in accordance with the CUMMA, its implementing rules, and/or
any successor legislation.
2.
All facilities must maintain a secure, closed, clean environment
in the room where marijuana is to be stored, in order to prevent outside
contamination and prevent the inadvertent and/or unauthorized removal
of marijuana from the facility. All facilities must provide shower
and locker room facilities for employees to ensure the provision of
a clean environment.
3.
All facilities must provide at least one state-certified security
officer (or more if required by the state) at all times the facility
is open to the public. At the time of application for this use, the
applicant must provide an affidavit indicating intention to comply
with this provision.
4.
All facilities must be equipped with security cameras covering exterior
parking and loading areas, all points of ingress and egress, portions
of the building open to the public or used for the storage of marijuana.
5.
All facilities shall install, maintain in good working order, and
operate a safety and security alarm system that includes a battery
backup or generator system in the event of power outage.
6.
The outside areas of the premises and its perimeter shall be well
lit in accordance with the following specific standards:
7.
No medical marijuana dispensary shall be located within the following
distances from the specified land uses listed below:
(a)
Two hundred feet from primary and secondary schools (K-12) including
vocational programs, playgrounds, parks, state-licensed day-care facilities.
(b)
Two hundred feet from adult and juvenile correctional facilities,
college or university, either public or private, halfway house or
correctional facility, group homes serving persons aged 18 and under,
a halfway house, transitional housing and state-licensed substance
use treatment facility.
(c)
No medical marijuana dispensary shall be located within a drug-free
school zone.
(d)
No medical marijuana dispensary shall be located within a two-mile
radius of another medical marijuana facility in Kearny or a neighboring
municipality.
8.
All medical marijuana dispensaries shall comply with the following
signage rules:
(a)
External signage shall be limited to black text on a white background.
(b)
One wall-mounted sign per building facade shall be permitted,
not to exceed 20 square feet in area.
(c)
Signage shall not be illuminated at any time.
(d)
Signage shall not display advertisements for marijuana or a
brand name except for purposes of identifying the building by the
permitted name.
(e)
The price of marijuana shall not be advertised.
[Ord. No. 10-14-87 § 138-6.200; Ord. No. 6-8-83; Ord. No.
6-22-83; Ord. No. 1999-O-2 §§ 33, 34, 38; Ord. No.
2005-(O)-42 § 5]
a.
Accessory structures which are not attached to a principal structure
may be erected in a required side yard setback or within the rear
yard, except on the street side of a corner lot provided that:
1.
Accessory structures shall not be located closer than three feet
to any lot line.
3.
Portable sheds having no foundations and with a footprint of less
than 100 square feet in area shall not be counted as contributing
to impervious lot coverage or lot coverage provided such a shed is
located in the rear or side yard, is set back at least three feet
from the closest property line, and there is no more than one portable
shed.
b.
Attached Accessory Structures in Residential Districts. When an accessory
structure is attached to the principal building, it shall comply in
all respects with the requirements of this chapter applicable to the
principal building.
c.
Permanent Swimming Pools.
1.
Inground or aboveground swimming pools accessory to a residential
use shall be erected on the same zone lot as the principal structure.
Said pools may be erected in the side or rear yard of the zone lot.
Inground swimming pools shall be located no closer than six feet to
a side or rear property line. A minimum of a two-foot buffer shall
exist between the property line and the pool improved area. The wall
of an aboveground swimming pool and any associated decking shall be
located no closer than three feet to a side or rear yard line. Such
pools and associated decking shall not be counted as contributing
to improved lot coverage. Where a pool is located on a corner lot,
the fencing closest to the right-of-way and along the rear property
line shall be solid so as to provide a visual screen.
d.
Residential Signs. Signs permitted within residential districts shall be in accordance with subsection 38-6.8.
e.
Home Occupations. Home occupations shall comply with the following
requirements:
1.
Such use is clearly accessory to the principal use of the structure.
2.
Such home occupation is conducted by the resident of the premises
or member of his immediate family residing on the premises.
3.
Such home occupation shall not use more than 1/3 of the total floor
area of the dwelling unit or 750 square feet, whichever is less.
4.
Not more than one nonresident employee may be permitted.
5.
Such use shall be conducted solely within the principal structure.
6.
One sign, not exceeding seven inches by 18 inches, shall be permitted
indicating the name and home occupation of the occupant.
7.
There shall be no change in the outside appearance of the building
or premises which would alter its residential character.
8.
No use shall generate traffic, parking, noise, dust, vibration, smell,
smoke, glare, electrical interference, fire hazard, or any other hazard
or nuisance to any greater or more frequent extent than what normally
occurs in the applicable zoning district.
9.
Not more than three customers or clients shall be present at the
same time.
10.
Teaching occupations of a tutoring nature shall be permitted provided
that there shall be no more than three pupils in attendance at the
same time.
11.
Such uses shall not result in the outside storage or display of any
materials.
12.
The use shall be only in a single family or two family dwelling.
13.
Where the general public is to be received, off-street parking spaces
shall be provided in addition to required spaces for the residential
use according to the following schedule:
Total floor area up to 500 square feet:
One additional space
Total floor area more than 500 square feet:
Two additional spaces
Permitted home occupations shall not in any event be deemed
to include barber shops, beauty parlors, massage parlors, tattoo parlors,
clinics, child day care centers (except family day care homes as permitted
in N.J.S.A. 40:55D-66.5b.), day nurseries, dancing schools, ceramic
kilns, real estate offices, auto repair (or auto repossession), the
sale or repair of firearms, restaurants, animal hospitals, fortune
telling, palmists, limousine services, or repair shops except for
the repair of electrical appliances, cameras or other small items.
[Ord. No. 10-14-87 § 138-6.220; Ord. No. 2004-(O)-64; Ord.
No. 2007-(O)-17 § 1; Ord.
No. 2008-(O)-04 § 1]
a.
In any nonresidential district, no accessory structure or use shall
be located closer to any lot line than five feet.
b.
In any nonresidential district, the aggregate area covered by accessory
structures shall not exceed 25% of the rear yard.
c.
In any nonresidential district, all accessory structures shall be
located no less than 10 feet from the side or rear of the principal
or main building.
e.
When an accessory structure is attached to the principal building
in all nonresidential districts, it shall comply in all respects with
the requirements of this chapter applicable to the principal buildings.
f.
No portion of an accessory structure in any nonresidential district
shall be used for living quarters.
g.
Signs identifying or advertising a use conducted on the premises, a canopy or a marquee, shall be subject to subsection 38-6.8.
h.
The open display or storage for sale of used or new motor vehicles
shall be subject to the requirements of the Town of Kearny licensing
and regulating such business.
i.
The open storage of machinery or contractors' equipment as a permitted
principal use shall be prohibited in all C Districts except as may
be authorized by the Board of Adjustment by a temporary permit not
exceeding 60 days.
k.
All operations, activities and storage (except off-street parking
including trucks, tractors, trailers or similar vehicles and unloading/loading,
accessory lumberyards and home improvement centers), shall be conducted
in completely enclosed buildings.
[Ord. No. 2015-2]
a.
Vestibules and storm enclosures as permitted by Section 3204.4 of
the International Building Code (2009 N.J. Edition) shall, by permit,
be allowed to encroach into the public right-of-way in the Town under
the following conditions.
b.
The vestibules and enclosures shall not be erected for a period of
time exceeding seven months in any one year and shall not encroach
more than three feet or more than one-fourth the width of the sidewalk
beyond the street lot line.
c.
Temporary entrance awnings must have a minimum clearance of seven
feet to the lowest portion of the hood or awning where supported on
removable steel or other approved non combustible support.
d.
Permits shall be obtained by application to the Zoning Officer.
e.
A new permit shall be required each year.
[Ord. No. 10-14-87 § 138-6.300; Ord. No. 1999-O-2 §§ 26
— 28, 39; Ord. No. 2002-O-78; Ord. No. 2003-(O)-23; Ord. No. 2004-(O)-64; Ord.
No. 2007-(O)-06 § 1; Ord.
No. 2007-(O)-17 § 1; Ord.
No. 2008-(O)-04 § 1; Ord.
No. 2008-(O)-14 § 2]
a.
Conditional uses as enumerated in Schedule I shall be permitted only
upon authorization by the approving authority, provided that such
uses shall be found by the approving authority to comply with the
following requirements as set forth in this chapter.
2.
That the use is so designed, located and proposed to be operated
that the public health, safety, welfare and convenience will be protected.
3.
That the use will not cause substantial injury to the value of other
property in the neighborhood where it is to be located.
4.
That the use will be compatible with adjoining development and the
proposed character of the zone district where it is to be located.
5.
That adequate landscaping and screening are provided as required
by Town Ordinance.
6.
That adequate off-street parking and loading are provided and ingress
and egress is so designed as to cause minimum interference with traffic
on abutting streets.
7.
That the use conforms with all applicable regulations governing the
district where located.
b.
Animal Hospitals and Kennels. Animal hospitals and kennels shall
be located no closer than 50 feet to any residential zone line. Such
facilities shall be maintained in an enclosed structure and shall
be of soundproof construction and so operated as to produce no objectionable
odors at the zone lot boundary line. Open kennels, exercise pens or
runways shall not be located closer than 100 feet to any property
line and shall be subject to noise and odor controls.
c.
Automobile Washing Establishments. All automobile washing establishments
shall comply with the following requirements:
4.
Location. Such establishments shall not be located closer than 100
feet to any residential zone boundary line, school, hospital, nursing
home or other similar institutional or public use.
5.
Off-Street Parking. Such establishments shall provide a reservoir
parking area equal in number to seven times the maximum capacity of
the laundry for automobiles awaiting entrance to the premises and
1 1/2 times the maximum capacity of the laundry for automobiles
beyond the exit end of the equipment so situated as to be usable for
hand-finishing of the washing process and which shall be no closer
than 20 feet to any street right-of-way line. "Maximum capacity" in
this instance shall mean the greatest possible number of automobiles
undergoing some phase of laundering at the same time, which shall
be determined by dividing the equipment line by 20 feet.
6.
Landscaping. Such establishments shall comply in all respects with
the landscaping and buffer zone requirements for side and rear yards
as established in subsection 38-5.10.
d.
(Reserved)
e.
Clubs, Lodges, Social and Community Center Buildings.
1.
All buildings shall be a minimum of 10 feet from any side property
line and shall meet all other setback requirements of the district
in which it is located.
2.
Retail sales may be included for members and their guests only.
3.
On-site parking shall be provided in the amount of at least one space
for each three persons based on the maximum occupancy permitted by
the Uniform Construction Code in the largest assembly area.
f.
Essential Services.
1.
Enclosed or Permanent Structures.
(a)
Public utility services. Such uses shall include electric substations,
transformers, switches and auxiliary apparatus serving a distribution
area, and water pumping station in R Districts and shall be subject
to the following regulations:
(1)
Such facility shall not be located on a residential street,
unless no other site is available, and be so located as to draw a
minimum of vehicular traffic to and through such street.
(2)
The location, design and operation of such facility may not
adversely affect the character of the surrounding residential area.
(3)
Adequate fences, barriers and other safety devices shall be
provided, and shall be landscaped in accordance with subsection 38-5.10.
2.
Open Uses and Structures.
(a)
Such uses shall be limited to the erection, construction, alteration
or maintenance, by public utilities or municipal or other governmental
agencies, of underground or overhead electrical, gas, water transmission
of distribution systems or collection, communication supply or disposal
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, hydrants
and other similar equipment and accessories in connection therewith
reasonably necessary for the furnishing of adequate services by such
public utilities or municipal or other governmental agencies or for
the public health, health or general welfare, but not including buildings.
Open essential services shall not include any human or animal fecal
matter or material.
g.
Mixed Residential Uses.
1.
The commercial use shall be in combination with dwellings for one
or two families or in combination with multiple-family dwellings for
not more than 12 families.
2.
The residential uses shall front upon an existing street or have
direct access to the street uninterrupted by structures or off-street
parking areas.
3.
Business uses shall be limited to the following:
(a)
Retail stores where goods are sold or services rendered and
where nothing is fabricated, manufactured, converted or altered except
for such retail trade.
(b)
Financial institutions.
(c)
A central telephone exchange and accessory business uses.
(d)
Business and professional offices.
(e)
Restaurants and lunch counters, except fast-food restaurants.
(f)
Funeral homes and funeral parlors.
h.
Outdoor Storage Areas. Such uses, where permitted, shall not abut
existing residential development, a residential street or any R District
and the operation thereof shall be governed by the following provisions:
1.
Inflammable and Explosive Substances. All inflammable or explosive
liquids, solids, or gases shall be stored in appropriate containers
as regulated in the Town Fire Prevention Code.
2.
Fencing and Landscaping. All outdoor storage facilities shall be
enclosed by a fence or wall adequate to conceal such facilities and
the contents thereof from adjacent property and subject to the provisions
of subsection 38-5.10.
3.
Deposit of Wastes. No material or waste which might cause fumes or
dust or which might constitute a fire hazard or which may be edible
by or otherwise be attractive to animals or insects and shall be stored
outdoors only in closed containers.
i.
Outdoor Uses. All operations, activities and storage shall be conducted
within completely enclosed buildings in both the SKI-N and SKI-S zones,
except that the outdoor storage of containers, off-street parking
including trucks, tractors, trailers or similar vehicles and unloading/loading,
accessory lumber yards and home improvement centers may be permitted
in the SKI-N Zone only and only if they shall comply with the following
requirements:
j.
Service Stations.
1.
Location of Exits and Entrances. No gas station, or vehicular repair
service shop shall be located within 200 feet measured along the street
line on the same or opposite side of the street of the following uses:
Public or private schools, playgrounds, churches, theaters,
fire stations, hospitals, public libraries, orphanage or children's
home housing children under 16 years of age, or other public gathering
place or to any street entrance to such buildings or public gathering
place.
Vehicular access to the above uses shall not be closer to the
intersection of any two street lot lines than 50 feet, nor shall any
such use be located within 25 feet of any boundary line of any R District.
2.
Location of Appliances and Buildings. Service stations shall have
their gasoline pumps, including other service facilities, set back
at least 15 feet from any street line and their buildings set back
at least 30 feet from any street line. This provision does not apply
to gasoline pumps and other service facilities within public garages.
3.
Landscaping Requirements. The provisions of subsection 38-5.10 shall
also be complied with.
4.
Proximity to Other Service Stations. A service station shall not
be located within 1,000 feet of another service station.
5.
Lot Size. The minimum lot size for all service stations shall be
10,000 square feet. The least dimensions shall be 100 feet by 100
feet.
6.
Type of Construction. All buildings constructed for use in connection
with such station shall be of masonry construction. Any grease pits
or hoists shall be contained within the area of the building.
7.
Type of Repairs. Repair services shall be limited to mechanical repairs
and shall not include auto body repair work or painting.
8.
As an accessory use, no automobile service station shall contain
more than two vehicles offered for sale at any one time and in no
case shall such vehicles occupy unpaved portions of the property nor
shall such vehicles occupy space needed to comply with the minimum
required amount of on-site parking for the principal use.
k.
Warehouses, Commercial and Industrial. A commercial or industrial
warehouse shall be subject to the following provisions in regard to
items stored in bulk:
1.
The storage in bulk of hazardous chemical, including, but not limited
to, flammable solids, as defined in the Town of Kearny Fire Prevention
Code of the Town of Kearny, shall be safeguarded with such protective
facilities as public safety requires.
2.
The Construction Official, on the advice of the Chief of the Bureau
of Combustibles, may require the separation or isolation of such substances
from other storage facilities, dwellings, places of assembly, educational
occupancies, railroads and public highways, when the quantity stored
constitutes a material hazard to the surrounding area. Limitations
on storage quantities shall be considered with regard to proximity
to these exposures to all zone districts.
3.
Oxidizing materials that have a severe fire hazard and which are
likely to deflagrate on exposure to fire, shock or friction, but which
are not likely to detonate shall be segregated or isolated in storage.
Segregation shall be by walls having a fire-resistance rating of not
less than two hours. Automatic sprinklers shall be provided where
the building is not adequately isolated.
l.
Private Day School Operated for Profit. Except for pre-school nursery
facilities, a private day school operated for profit shall meet all
of the construction and safety requirements of the New Jersey Department
of Education, whether or not the facility comes under the jurisdiction
of the Department. A private day school shall minimally provide a
land area equal to three acres plus one acre for each and every 100
students in attendance. Parking requirements established in the Kearny
Subdivision and Site Plan Ordinance shall be complied with.
m.
Abandoned Vehicles. The storage of unregistered and/or unlicensed
motor vehicles shall be prohibited in all districts except in connection
with state licensed auto dealerships and scrap metal dealers which
possess a valid Certificate of Occupancy from the Town of Kearny.
n.
Wireless Telecommunications Equipment.
1.
Exemptions of Applicability. The provisions of this subchapter shall
not apply to the following:
(a)
Any tower, or the installation of any antenna, that is under
70 feet in height and is owned and operated only by a federally licensed
amateur radio station operator or is used exclusively to receive transmissions;
(b)
Preexisting towers or antennas shall not be required to meet
the requirements of this paragraph, except that in the case of enlargement,
structural modification or addition to any existing tower or antenna
facility which shall result in an increase of 10% or more in tower
height or facility floor area the provisions of this ordinance shall
apply; and
(c)
The provisions of this subsection shall not govern any parabolic
satellite antennas.
2.
Overall Comprehensive Plan.
(a)
Any applicant to the Town for approval to erect a wireless telecommunications
antenna, in addition to all other information required by this ordinance,
shall provide to the approving authority substantial evidence that
the proposed location of the proposed antenna(s), and any proposed
supporting tower and/or ancillary cabinets or structures enclosing
related electronic equipment, have been planned to result in the lowest
number of tower locations within the Town and the least possible impact
on community aesthetics.
(b)
The applicant shall provide an overall comprehensive plan indicating
how it intends to provide full service throughout the Town and, to
the greatest extent reasonably possible, shall indicate how its plan
specifically relates to and is coordinated with the needs of all other
providers of wireless telecommunications services within and around
the municipality.
(c)
The overall comprehensive plan shall indicate the following:
(1)
The mapped location and written description of all existing
antennas and existing and approved supporting structures within one
mile of the subject site;
(2)
The mapped location and written description of all existing
or approved water towers and existing telephone or electric towers
within one mile of the subject site;
(3)
How the proposed location of the proposed antenna(s) specifically
relates to the suitability or unsuitability of such existing structures
to be utilized to provide the intended wireless communication;
(4)
How the proposed location of the proposed antenna(s) specifically
relates to the anticipated need for additional antennas and supporting
structures within and near the Town by the application and by other
providers of wireless communications services within the Town;
(5)
How the proposed location of the proposed antenna(s) specifically
relates to the overall objective of providing full wireless communication
services within the Town while, at the same time, limiting the number
of supporting towers to the fewest possible through the use of co-location,
through the use of alternate technologies which do not require the
use of towers, or through the use of existing structures; and
(6)
How the proposed location of the proposed antenna(s) specifically
relates to the objective of minimizing the impact of the antennas,
accessory equipment, and supporting structures on residences, streetscapes,
and view corridors throughout the municipality.
3.
Location Priorities. Based upon the "Overall Comprehensive Plan"
submitted by the applicant, if the Town determines the proposed antenna(s)
are needed for the provision of full wireless telecommunications services
within the Town, utilizing the fewest number of towers as reasonably
possible and locating on existing structures where reasonably possible,
the following priority schedule shall apply:
(a)
Wireless telecommunication antennas shall be permitted as principal
uses on existing structures at the following prioritized locations:
(1)
The first priority location shall be the co-location of an antenna
on an existing tower with the SKM[2] Zone;
[2]
Editor's Note: Ordinance No. 2003-(O)-23 deleted the SKM-1
and SKM-2 Zones and added the SKI-N and SKI-S Zones. Pursuant to the
direction of the Town, the reference contained herein will be amended
by a subsequent ordinance.
(2)
The second priority location shall be the location of an antenna
on an existing building within the SKM[3] Zone.
[3]
Editor's Note: Ordinance No. 2003-(O)-23 deleted the SKM-1
and SKM-2 Zones and added the SKI-N and SKI-S Zones. Pursuant to the
direction of the Town, the reference contained herein will be amended
by a subsequent ordinance.
(3)
Co-location on a tower shall be required for no less than three
carriers and a letter of intent by the applicant to meet the co-location
requirement shall be provided to the approving authority; and
(4)
All of the separation distance, area, setback, height, and design
criteria requirements listed herein shall be met.
(b)
Wireless telecommunications antennas shall be permitted as accessory
uses on existing structures at the following prioritized locations:
(1)
The third priority location shall be the co-location of an antenna
on an existing tower within the M Zone;
(2)
The fourth priority location shall be the location of an antenna
on an existing building within the M Zone;
(3)
The fifth priority location shall be the co-location of an antenna
on an existing tower within the LI Zone;
(4)
The sixth priority location shall be the location of an antenna
on an existing building within the LI Zone;
(5)
Co-location on a tower shall be required for no less than three
carriers and a letter of intent by the applicant to meet the co-location
requirement shall be provided to the approving authority; and
(6)
All of the separation distance, area, setback, height, and design
criteria requirements listed herein shall be met.
(c)
Wireless telecommunications antennas shall be permitted as conditional
uses on existing structures at the following prioritized locations:
(1)
The location of an antenna on an existing building within the
C-4 Zone shall be considered seventh in the list of priority locations;
(2)
The location of an antenna on an existing building within the
C-3 Zone shall be considered eighth in the list of priority locations;
(3)
The location of an antenna on an existing building within the
C-2 Zone shall be considered ninth in the list of priority locations;
(4)
The location of an antenna on an existing building within the
C-1 Zone shall be considered tenth in the list of priority locations;
(5)
The location of an antenna on an existing building within the
Redevelopment Zone shall be considered eleventh in the list of priority
locations;
(6)
The location of antenna on an existing building within the R-3
Zone shall be considered twelfth in the list of priority locations;
(d)
New wireless telecommunications towers, along with the antennas
and equipment facilities associated with such new towers, shall be
permitted as principal uses in the following prioritized locations:
(1)
The location of a new tower within the SKM[4] Zone shall be considered thirteenth in the list of priority
locations;
[4]
Editor's Note: Ordinance No. 2003-(O)-23 deleted the SKM-1
and SKM-2 Zones and added the SKI-N and SKI-S Zones. Pursuant to the
direction of the Town, the reference contained herein will be amended
by a subsequent ordinance.
(2)
Co-location on a tower shall be required for no less than three
carriers and a letter of intent by the applicant to meet the co-location
requirement shall be provided to the approving authority; and
(3)
All of the separation distance, area, setback, height, and design
criteria requirements listed herein shall be met.
(e)
New wireless telecommunications towers, along with the antennas
and equipment facilities associated with such new towers, shall be
permitted as accessory uses in the following prioritized locations:
(1)
The location of a new tower within the M Zone shall be considered
14th in the list of priority locations;
(2)
The location of a new tower within the LI Zone shall be considered
15th in the list of priority locations;
(3)
Co-location on a tower shall be required for no less than three
carriers and a letter of intent by the applicant to meet the co-location
requirement shall be provided to the approving authority; and
(4)
All of the separation distance, area, setback, height, and design
criteria requirements listed herein shall be met.
(f)
No wireless telecommunications antennas shall be permitted on
any billboard.
4.
Separation Distance Requirements. The following separation distance
requirements shall apply:
(a)
If the proposed antenna(s) will be attached to an existing building,
the following separation distance requirements shall apply:
(1)
Minimum distance between facilities in residential districts
or a residential portion of a duly adopted redevelopment area: 500
feet;
(2)
Minimum distance between facilities located in commercial districts:
300 feet;
(3)
Minimum distance between facilities located in industrial or
manufacturing districts: 200 feet.
(b)
If the proposed antenna(s) will be attached to an existing wireless
telecommunications tower or similar structure within an industrial
district, the following separation distance requirements shall apply:
5.
Area and Setback Requirements.
(a)
If the proposed antenna(s) are to be attached to an existing
building or an existing or approved tower or structure, no land area
shall be required in addition to the land area upon which the existing
structure is situated; or
(b)
If the proposed antenna(s) are to be supported by a new wireless
telecommunications tower:
(1)
The proposed antenna(s) and proposed supporting tower and ancillary
related electronic equipment shall be located on a land area equal
to or larger than 1/3 the minimum lot area specified for the District;
(2)
The minimum required land area shall either be a separate undeveloped
lot or a leased portion of an already developed lot;
(3)
The proposed antenna(s) and proposed supporting tower and ancillary
related electronic equipment and any approved building housing the
electronic equipment and any approved camouflaging of the tower shall
be the only land uses located on the proposed tower site, whether
a separate lot or a leased portion of a lot; and
(4)
Excepting for any access driveway into the property, any required
landscaping, and any underground utility lines reviewed and approved
by the approving authority as part of the site plan submission, no
building structure and/or disturbance of land shall be permitted within
100 feet from any street line, from any other existing or proposed
property line, or from any "lease line," provided that if a tower
will exceed 100 feet in height, the tower shall be set back from any
street line and from any other existing or proposed property line
a distance equal to or greater than the height of the tower, except
that, in any case the tower shall be required to be set back a minimum
distance of only 100 feet from any line demarcating the leased premises.
6.
Maximum Height.
(a)
The maximum height of any proposed antenna extending above any
existing building or existing structure shall be the minimum height
necessary for the proposed installation to satisfactorily operate;
(b)
The height of any proposed new supporting tower shall not exceed
150 feet unless it can be demonstrated by the applicant, to the satisfaction
of the approving authority, that a higher height is necessary for
the proposed installation of the antenna(s) to satisfactorily operate
and is necessary for the co-location of at least three other carriers
on the tower; and
(c)
The maximum height of any proposed rooftop equipment cabinet
shall be the height of the tallest accessory rooftop structure such
as a stair or elevator housing, provided that no equipment cabinet
shall be located on the rooftop of any building less than 60 feet
in height.
7.
Design Criteria. All applications for wireless telecommunications
antennas shall adhere to the following design criteria:
(a)
For location on an existing building or structure:
(1)
Minor site plan application to the approving authority shall
be required.
(2)
To the greatest extent possible, any antenna(s) located on an
existing building shall be surface-mounted on the building facade
at the roofline or along the exterior parapet wall so as to reasonably
blend in with the architectural features of the building.
(3)
Antenna(s) and supporting electrical and mechanical equipment
shall be constructed of materials and styles consistent with surrounding
street and building design and shall be of a color that matches, as
closely as possible, the background color of the facade on which it
is mounted or so as to make the antenna(s) and related equipment as
visually unobtrusive as possible.
(4)
All ancillary electronic and mechanical equipment shall be housed
either within an enclosed area inside the existing building or on
the rooftop of the building, provided:
[a]
The height of the rooftop equipment facilities
shall not exceed the height of the tallest accessory rooftop structure
such as a stair or elevator housing nor more than 250 square feet
in area and shall be fully enclosed in a cabinet which shall be constructed
of a material and color which will match those of the existing rooftop
accessory structures as closely as possible; and
[b]
Documentation by a qualified expert that any existing
structure will have sufficient structural integrity to support the
proposed antennas and ancillary equipment shall be provided to the
approving authority.
(5)
Any additional public utility lines and/or cables deemed necessary
for the operating of the proposed antenna facility shall be located
underground. The applicant shall provide documentation to the approving
authority as to the necessity of the additional lines, including a
detailed schematic of specific location(s) and area(s) to be disturbed
in order to accomplish the installation of the lines and/or cables.
Applicant shall be responsible for compliance with any and all applicable
Federal, State, or local regulations, including the specific provisions
of the Town's road opening permit requirements.
(6)
No signage shall be permitted that is visible from adjacent
properties or from the public right-of-way.
(b)
For a new tower:
(1)
Preliminary and final site plan applications shall be required
for any proposed new wireless telecommunications tower.
(2)
Any proposed new tower shall be a monopole unless the applicant
can demonstrate, and the approving authority agrees, that a different
type of pole is necessary for the co-location of additional antennas
on the tower.
(3)
Unless otherwise required by the Federal Aviation Administration
(FAA) or the Federal Communications Commission (FCC), all tower designs
shall be integrated with the surrounding street and building design
and shall be either constructed of a neutral colored material or painted
a neutral color so as to reduce the visual obtrusiveness. All applicable
FAA or FCC standards regarding color materials that may apply to the
proposed tower shall be provided to the approving authority.
(4)
No lighting is permitted on a tower except lighting that is
specifically required by the FAA and any such required lighting shall
be focused and shielded, to the greatest extent possible, so as not
to project toward adjacent nearby properties. All applicable FAA standards
regarding lighting that may apply to the proposed towers shall be
provided to the approving authority.
(5)
All ancillary electronic and other equipment shall be located
within a building or encircled structure which structure shall meet
the following design criteria:
[a]
Each provider or wireless telecommunications services
located on the site may have a maximum of one cabinet enclosing required
electronic equipment, which cabinet shall not exceed 15 feet in height
nor more than 250 square feet in area. All such cabinets shall be
located within a building which shall not exceed 1 1/2 stories
and 20 feet in height nor 1,000 gross square feet in area.
[b]
The building shall use materials, textures, and
colors that together with required screening and landscaping shall
cause it to blend into the natural setting and surroundings, to the
greatest extent possible.
[c]
Provision for co-location of equipment shall be
incorporated into the design of the building/structure.
[d]
No electronic equipment shall be designed in such
a way as to interfere with any public safety communication.
[e]
All equipment shall be automated so that, to the
greatest extent possible, the need for on-site maintenance and associated
vehicular trips to and from the site will be minimized.
[f]
Lighting shall be limited to a single light at
the entrance to the building which shall be focused downward.
(6)
Landscaping shall be provided between the tower and also between
any building or structure used to house ancillary equipment and any
public street or residential dwelling unit or residential zoning district
in accordance with the following:
[a]
Required landscaping shall consist of sufficient
density of evergreen planting to effectively screen the view of the
tower's base and, in addition, sufficient other plantings which may
consist of a combination of shrubs and deciduous trees to screen the
tower and enhance the appearance of, to the maximum extent reasonably
possible, from any surrounding residential properties and from any
public street.
[b]
Any newly planted evergreen tree shall be at least
eight feet high at the time of planting and any newly planted deciduous
trees shall be a minimum caliper of 3.5 inches at the time of planting.
[c]
No signage shall be permitted except "warning"
and/or equipment information signs as deemed necessary or as required
by State and/or Federal regulatory agencies for safety purposes and
are specifically approved by the approving authority.
(7)
Minimal off-street parking shall be permitted as needed to provide
maintenance at the site and as specifically approved by the approving
authority.
(8)
No antenna shall be located on any tower in order to provide
noncellular 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.
(9)
Any new tower shall be located behind existing buildings and/or
natural topographic elevations in order to screen the tower's base
from being visible from adjacent properties and from any street right-of-way;
to the greatest extent possible, no new tower shall be visible from
a public street in any residential district.
(10)
Towers shall be encircled by security fencing consisting of
eight feet high one-inch chain link nonclimable mesh which shall be
fully screened by the required landscaping.
(11)
Documentation by a qualified expert that any existing structure
will have sufficient structural integrity to support the proposed
antennas and ancillary equipment shall be provided to the approving
authority.
8.
Radio Frequency Emissions.
(a)
Applicants shall provide current FCC information concerning
wireless telecommunications equipment and Radio Frequency (RF) emission
standards to the approving authority. Upon documentation by a qualified
expert, proposed wireless telecommunications projects which meet the
current FCC standards shall not be conditioned or denied on the basis
of RF impact.
(b)
If the FCC adopts a superseding emission standard, such new
standard shall be controlling and become effective as directed in
the FCC rulemaking. In such event, the applicant shall, within 45
days of the superseding emission standard's effective date, submit
to the approving authority documentation of compliance with the superseding
emission standard. Failure to submit such documentation shall result
in a declaration by the approving authority that the equipment is
no longer operative and the removal provisions of paragraph nine of
this paragraph n shall apply.
9.
Removal of Abandoned/Obsolete and FCC Noncompliant Antennas and Towers.
(a)
Any wireless telecommunications antenna facility not used for
its intended and approved purpose for a period of one year shall be
considered no longer operative and shall be removed by the responsible
party within 60 days thereof.
10.
Inventory of Sites.
(a)
Existing sites. All current owners, lessors, lessees, franchisors,
franchisees, licensors and licensees of wireless telecommunication
towers, antennas, equipment shelters, appurtenances thereto, and/or
real property used in connection therewith, which are located within
the Town, shall provide to the Zoning Officer, within 90 days of the
adoption of this amended paragraph n., a complete inventory of all
such wireless telecommunication towers, antennas, equipment shelters,
appurtenances thereto, and/or real property used in connection therewith.
A revised and updated complete inventory shall be provided to the
Zoning Officer every two years from the date of the previously submitted
complete inventory. The complete inventory shall include the following
information:
(1)
Name and address of owner, lessor, lessee, franchisor, licensor
or licensee; and
(2)
Location and full description of its wireless telecommunication
tower(s), antenna(s), equipment shelter(s), appurtenances thereto,
and/or real property used in connection therewith;
(3)
The Zoning Officer may request additional information as he
or she deems necessary to reasonably comply with the purpose and provisions
of this amended paragraph n.
(b)
Pending and future sites. The foregoing provisions of paragraph
10 shall apply to currently pending applications and new applications
relative to wireless telecommunication towers, antennas, equipment
shelters, appurtenances thereto, and/or real property used in connection
therewith, to the extent such pending or new applicant has legal interest
in an already existing site.
o.
Containers. Container storage is only permitted within the SKI-N
District and subject to the following conditions:
1.
Containers shall not be stacked more than two containers high.
2.
There shall be a minimum ten-foot wide landscaped buffer along all
property lines. Buffer shall contain a combination of deciduous and
evergreen trees and shrubs and berming necessary to visually screen
the proposed use upon installation. At installation, plant material
shall be sized a minimum of:
3.
Wetland plantings shall conform to most recent adopted Landscape
and Open Space Guidelines established by the New Jersey Meadowlands
Commission.
[Ord. No. 10-14-87 § 138-6.400; Ord. No. 10-28-81; Ord.
No. 1999-O-2 § 36; Ord.
No. 2003-(O)-14. Additional amendments noted where
applicable.]
a.
Uses Prohibited in all Zones. No building or premises shall be used
for any purpose that is noxious or offensive by reason of the emission
of odor, dust, smoke, gas, noise or vibration or that is dangerous
to the public health or safety; nor shall any building or premises
be used for any of the following specified purposes, except for industrial
research or laboratory purposes.
1.
Acetylene gas manufacture for commercial purposes;
2.
Ammonia, chlorine or bleaching powder manufacturing;
3.
Arsenal;
4.
Asphalt manufacturing or refining, where it is the principal function
of the plant;
5.
Blast furnace for steel making, not including cupola or converter
furnaces used in foundations and in which no wood is used as fuel;
6.
Boiler shops, structural steel fabricating shops, locomotive shops
and railway repair shops. Metalworking shops operating pneumatic or
electric reciprocating hammers or chisels within 100 feet of any boundary
line of the property and outside of any masonry building;
7.
Carbon lampblack, shoeblacking, graphite or stove polish manufacture;
8.
Celluloid and other cellulose products' manufacture, storage and
processing of nitrocellulose scrap but excluding colloid-treated fabrics;
9.
Coal-tar products' manufacture;
10.
Coke ovens;
11.
Creosote treatment or manufacture;
12.
Distillation of coal, wood or bones;
13.
Electroplating shops, except those having artificial ventilating
systems constructed and operated in accordance with the rules of the
State Department of Labor;
14.
Explosives, fireworks or match manufacture, assembly or storage in
bulk, as principal or accessory uses including such uses which are
for industrial research or laboratory purposes;
15.
Fat rendering;
16.
Forge shop;
17.
Gas storage in bulk;
18.
Glue, size or gelatin manufacture or processes involving recovery
from fish or animal offal;
19.
Glue, size or gelatin manufacture or processes involving recovering
from fish or animal offal;
20.
Hazardous waste storage;
21.
Incineration, reduction or dumping of offal, garbage or refuse, except
where controlled by the municipality;
22.
A junkyard for the storage of abandoned automobiles or other scrap
material;
23.
Lime, gypsum, cement, plaster or plaster of paris manufacture;
24.
Linoleum manufacture;
25.
Oil storage in quantities exceeding 100 gallons, except where the
oil is consumed on the premises and has a specific gravity corresponding
to a Baume density of not over 36° and is stored in tanks located
not less than 20 feet from any of the boundary lines of the property;
26.
Ore reduction or the smelting of iron, copper, tin, zinc or lead;
27.
Paint, oil, varnish, turpentine, shellac or enamel manufacture where
it is the principal function of the plant;
28.
Perfume and extract manufacture;
29.
Petroleum refining;
30.
Printing-ink manufacture;
31.
Pyroxylin plastic manufacture or the manufacture of articles therefrom,
but excluding colloid-treated fabrics.
32.
Radium extraction;
33.
Raw or green salted hides or skins, their storage, coloring, curing,
dressing or tanning;
34.
Rubber caoutchouc or gutta-percha manufacture from crude or scrap
material;
35.
Sandpaper and emery cloth manufacture;
36.
Sauerkraut manufacture;
37.
Sausage manufacture;
38.
Sewage disposal plant, except where owned and operated by the Town
of Kearny;
39.
Slaughtering of animals;
40.
Soap, soda or washing compound manufacture;
41.
Starch, glucose or dextrin manufacture;
42.
Stockyards;
43.
Sulfurous, sulfuric, nitric or hydrochloric acid manufacture;
44.
Tallow, grease, lard or candle manufacture or refining;
45.
Tar distillation or the manufacture of dyes;
46.
The storage of any radioactive material or substance, except when
used in connection with medical diagnosis or treatment;
47.
Wool pulling or scouring;
48.
Yeast manufacture;
49.
Disposal or storage of human effluent;
50.
Disposal or storage of industrial wastes;
51.
Nuclear powered generating facilities;
52.
All medical marijuana facilities, except for medical marijuana dispensaries
as permitted in the SKI-N Zone;
[Added 6-23-2020 by Ord.
No. 2020-12; 7-13-2021 by Ord. No. 2021-26]
53.
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in the 2021 Cannabis
Act, and all medical marijuana facilities, under N.J.S.A. 24:6I-1
et seq. (the "Medical Marijuana Act") except for (i) the delivery
of cannabis items and related supplies by a delivery service based
and initiating from outside the Town of Kearny, and (ii) medical marijuana
dispensaries licensed under the Medical Marijuana Act which are permitted
only in the SKI-North (South Kearny Industrial North) Zone.
[Added 6-23-2020 by Ord.
No. 2020-12; amended 5-11-2021 by Ord. No. 2021-17; 7-13-2021 by Ord. No. 2021-26]
[Ord. No. 10-14-87 § 138-6.500; Ord. No. 6-27-90; Ord.
No. 1999-O-2 §§ 21, 35; Ord. No. 2000-0-28 §§ 1 —
8; Ord. No. 2003-(O)-22; Ord. No. 2003-(O)-34 §§ 1
- 3; Ord. No. 2005-(O)-32. Additional
amendments noted where applicable.]
a.
No sign, billboard, advertising, device, banner, canopy or marquee
shall be altered, relocated or erected in any Residential District,
except signs of not more than 50 square feet in area to advertise
sale of land upon which they are erected or the sale of buildings
to which they are attached, and builders', architects' and engineers'
signs erected on the site of construction during the course of a construction
operation. Such signs shall be removed within 30 days after the sale
of the land or buildings or the completion of the construction operation.
b.
Permitted Signs in Residential Districts. Signs identifying schools,
colleges, churches, hospitals, and other similar public institutions,
and Planned Residential Developments (provided that paragraph 2 of
this subsection shall not be applicable to Planned Residential Developments),
are permitted in Residential Districts, provided that:
1.
The height of any ground sign shall not exceed six feet and the sign
area shall not exceed 16 square feet on each side. Not more than one
such sign shall be placed along any street on which such property
fronts. The base of such signs need not be constructed entirely upon
but shall be appropriately landscaped.
2.
Not more than two wall signs may be located on the front building
facades of any structures on the lot. The area of each sign shall
not exceed 24 square feet.
3.
Signs designating entrances or exits to or from parking areas shall
be permitted not to exceed two square feet in area.
c.
Additional explanation of what is meant by sign area: 1) For any
sign painted upon or applied/attached to the building, the area considered
to include all lettering, wording, and accompanying designs and symbols,
together with the background of a different color than the natural
or primary color of the building; 2) Where the sign consist of individual
letters or symbols attached to or painted on a building, awning or
wall the area shall be considered to be that of the smallest rectangle
or other geometric shape that encompasses all of the letters, designs
or symbols; 3) Only one side of a double faced sign will be counted
in computing the area of that sign.
Any question you may have can be answered by calling the Construction
Code Department at 201-955-7880, located at 402 Kearny Avenue, Kearny,
NJ 07032.
d.
Signs, billboards, advertising devices, canopies and marquees shall
be erected and maintained to insure public safety by the owner or
lessee of the premises upon which they may be erected. No sign, billboard
or advertising device shall cover any part of the window, obstruct
any exit or be fastened in any manner to any part of a fire escape.
e.
Construction and Location of Signs.
1.
Wood signs shall be constructed of seasoned lumber not less than
3/4 of an inch in thickness, battened across the backs to insure rigidity.
2.
Metal signs shall be constructed with frame made of iron or steel
angles, channels and other necessary iron or steel shapes of sufficient
sizes and weights, covered on the exterior with sheet metal of not
less than 26 U.S. Gauge.
3.
Supports for signs, billboards or advertising devices erected upon
the ground may be constructed of wood or metal and shall be of sufficient
size and number, extended at least three feet into the ground, braced
and secured in a manner approved by the Construction Official.
4.
Supports of signs, billboards or advertising devices attached to
or erected upon buildings or structures shall be constructed of iron
or steel angles not less than 1/4 of an inch in thickness, of sufficient
size and number, braced and secured to the building or structure in
a manner approved by the Construction Official. The use of chain is
prohibited.
5.
Signs, billboards or advertising devices erected upon the ground,
and flat signs not over 30 inches in width attached to buildings or
other structures may be constructed of wood. All other signs, billboards
or advertising devices, except banners, shall be constructed entirely
of metal. Raised wood letters may be attached to metal signs.
6.
Signs, billboards or advertising devices erected upon the ground shall be located not less than five feet from the street property line upon which they face, except that on a corner of two streets they shall be located not less than 10 feet from each property line, subject to subsection 38-5.1c herein.
7.
Except for signs authorized by a governmental agency, no freestanding
permanent or temporary signs shall encroach upon any public right-of-way
or any public property.
f.
Projecting Signs. Projecting signs are to be made out of wood, komatex
(rigid plastic), or framed aluminum. No internally illuminated signs
are allowed. Signs are not permitted to be located less than nine
feet above the sidewalk and shall not exceed 10 square feet in area.
Two copies of color to-scale sketches with the location of the projected
sign on the building, along with letter sizes, must accompany the
permit application.
1.
Projecting signs or advertising devices erected at right angles to
the face of the building or structure shall be not more than 16 inches
in thickness, including the overall dimensions of raised or applied
letters or other ornament or attachment. Such signs or advertising
devices shall not be higher than the building or structure upon which
they are erected, except that on one story buildings they may extend
five feet above the roof of the building. Not more than one projecting
sign shall be permitted for each business use.
2.
Projecting signs or advertising devices shall be erected not less
than nine feet above the surface of the ground and shall project not
more than 4 1/2 feet from the face of the building or structure
and in no case to within three feet of the curbline, and shall not
be erected nearer to an interior property line than a distance equal
to the greatest projection.
3.
Flat signs of metal of any dimensions, reinforced by wood or metal
frames, may be erected on any business building occupying space below,
between or above windows, provided such signs do not project more
than eight inches at any point beyond the walls or extend above the
roof of the building to which they are attached; and further provided
that such signs shall not be less than seven feet six inches above
the surface of the ground. Wood letters and decorated wood mouldings
may be attached to the face of such metal signs.
4.
In C-1, C-2, C-3 and C-4 Districts, total sign area of wall signs
shall not exceed 10% of the first floor front building facade area
and in any event shall not exceed 100 square feet. Buildings on a
corner lot or with a side building wall exposed to public view may
include each building facade as a separate frontage.
g.
Signs Erected Upon the Ground and Roof.
1.
Signs, billboards or advertising devices erected upon the ground
shall not be more than 16 feet high above the surface of the ground
at any point and shall be constructed entirely open for a height of
at least three feet above the surface of the ground, except that open
lattice work may be placed in such openings.
2.
Roof signs shall not be permitted in any district.
3.
Ground Signs. Maximum sign area for a ground sign shall not be more
than 30 square feet on each side. Not more than one ground sign permitted
on any lot except for corner lots which may be permitted one ground
sign on each frontage. Retail centers, industrial parks or office
centers with five or more separate uses may erect a ground sign totaling
not more than 100 square feet in area and set back not less than 20
feet from the street property line.
h.
Canopies, Marquees and Temporary Banners.
1.
Canopies may be erected and maintained across the sidewalk to within
18 inches of the curbline, in a manner so as not to interfere with
normal sidewalk traffic, and shall be constructed with iron or steel
framework covered with canvas or other suitable material, anchored
to the ground and to the building or structure from which they may
extend, in a manner approved by the Construction Official. Such applications
shall first be approved by the Mayor and Council of the Town of Kearny,
New Jersey before approval by the Construction Official.
2.
Marquee and marquee signs and similar structures shall be of fireproof
construction, erected not less than 10 feet above the sidewalk and
not less than 18 inches from the curbline. Such applications shall
first be approved by the Mayor and Council of the Town of Kearny,
New Jersey, before approval by the Construction Official.
3.
Temporary banners may be erected, maintained and suspended across
a street or streets when properly attached to the buildings or other
supports on either side of the street, and in no case less than 20
feet above the surface of the street. The application shall be accompanied
by the consent of the owners of the buildings to which the supports
are to be attached, and no permit shall be issued for a greater period
of time than 60 days. Such applications shall first be approved by
the Mayor and Council of the Town of Kearny, New Jersey, before approval
by the Construction Official.
i.
Flashing, Animated or Confusing Signs and Devices.
1.
Notwithstanding the provisions of any other ordinance, any advertising,
or commercially used sign or device located in whole or in part within
100 feet of the right-of-way of any street and which sign contains
lights which move, flash, blink, fluctuate, animate or rotate, or
which contains any light or lights, whether flashing or not, similar
in color and size, color and shape or color and arrangement to any
traffic control device or emergency vehicle light is hereby declared
to be a public nuisance and is prohibited. Signs giving public service
information such as time, date, temperature, weather or similar information
intermittently with low-intensity lights which are not similar in
any respect to traffic control devices or emergency lights are not
prohibited after the effective date of this section. It shall be unlawful
for any person, firm or corporation to install, cause to be installed,
operate, maintain or modify any sign or device prohibited by this
section as a nuisance, and each day such nuisance is maintained shall
be a separate offense.
2.
Any provision of paragraph 1 above to the contrary notwithstanding,
the prohibitions herein contained shall not apply to any sign already
erected and attached to any building on the effective date hereof.
j.
Administration.
1.
Permit Required. Except as heretofore mentioned, no sign, billboard,
fence, advertising device, banner, canopy or marquee shall be altered,
relocated or erected upon the ground or upon or above any building
or structure in the Town of Kearny, New Jersey, without having first
obtained and paid for a permit from the Construction Official of the
Town of Kearny, New Jersey.
2.
Permit Applications. Applications for permits shall be made on forms
furnished by the Construction Official, together with two sets of
drawings showing the construction and supports of such sign, billboard,
fence, advertising device, banner, canopy or marquee, and a plot plan
or diagram showing the proposed location.
Applications for electrical signs, billboards or advertising
devices shall be accompanied with an acknowledgment of application
for certificate of inspection and approval by the electrical subcode
official.
3.
The fee for a permit to alter, relocate or erect any sign, billboard,
advertising device, banner, canopy or marquee shall be in accordance
with the Fee Ordinance of the Town of Kearny.
k.
Signs in the C-1, C-2, C-3 and C-4 Districts.
1.
Any sign hereafter erected, displayed or repaired, except as permitted under subsection 38-8.2, within the C-1, C-2, C-3 or C-4 Zone Districts shall conform to the provisions of this paragraph and any other ordinance or regulation of the Town of Kearny and shall not be erected, displayed or replaced without the issuance first of a zoning and sign permit by the Construction Official along with the payment of the required fees. Applications for permits shall be submitted to the Construction Official of the Town of Kearny in accordance with subsection 38-6.8j and shall include (i) an accurately scaled, prepared drawing of the proposed sign and supporting frame, construction, size of letters, details and illumination and (ii) a scaled drawing or photograph of the building for which the sign is proposed, with the location of the sign accurately indicated. Two sets of these drawings must accompany the application. Applications for permits shall be made on forms furnished by the Construction Department located at 402 Kearny Avenue, Kearny, NJ 07032. The Construction Official shall consult with the UEZ coordinator before issuing the permit.
2.
AWNING
AWNING SIGN
BUSINESS DISTRICT
GROUND SIGN
PORTABLE SIGN
PROJECTING SIGNS
SIGN
SIGN AREA
a.
b.
c.
d.
WALL SIGNS
WINDOW SIGN
Definitions. As used in this paragraph,
the following terms shall have the meanings indicated:
Shall mean a flexible covering constructed out of acrylic
canvas (Sunbrella brand or similar) over a rigid or fixed canopy-like
frame that is affixed to a building wall and must be of a shape and
color that compliments the architecture of the building.
Shall mean a sign applied directly to a flexible covering
over a rigid or fixed canopy-like frame that is affixed to a building
wall. An awning sign shall be considered as a sign which projects
perpendicularly from a building wall for purposes of this paragraph.
Shall mean the area of the Town of Kearny located within
the C-1, C-2, C-3 and C-4 Zone Districts as shown on the official
Zoning Map.
Shall mean a freestanding sign permanently affixed, anchored
or secured to the ground. They must be made out of wood, framed aluminum
or any other solid traditional material.
Shall mean a freestanding sign not permanently affixed, anchored
or secured to the ground. Portable signs include sandwich signs and
blackboards.
Shall mean any signs made out of wood, komatex (rigid plastic),
or framed aluminum which shall be prohibited at height less than nine
feet above the sidewalk and may not exceed 10 square feet in area.
Shall mean any structure, light, letter work, model, banner,
pennant, insignia, trade flag or representation or any other device
used to advertise, inform or attract the attention of the public and
which is designed to be seen from outside a building, excluding window
displays of merchandise and informational material incidental to the
display or sale of merchandise.
Shall mean:
For a sign painted upon or applied/attached to a building, the
area is considered to include all lettering, wording and accompanying
designs and symbols, together with the background of a different color
than the natural or primary color of the building.
Where the sign consists of individual letters or symbols attached
to or painted on a building, awning or wall, the area shall be considered
to be that of the smallest rectangle or other geometric shape that
encompasses all of the letters, designs or symbols.
Only one side of a double-faced sign will be counted in computing
the area of that sign.
The area of a flat, irregularly shaped sign shall be the smallest
plane geometric figure that will wholly contain it.
Shall mean nonilluminated signs that can be made out of wood,
komatex (rigid plastic), or framed aluminum.
Shall mean any sign temporarily or permanently affixed to
the glass of a window or door of a business or that is visible through
a window or door and placed on a regular basis within three feet of
the glass.
3.
All signs in the Business District shall comply with the following
regulations:
(a)
No sign shall be backlighted. Signs (including wall signs, awning
signs, window signs and portable signs) may only be indirectly illuminated
so that such light source is properly shielded from residences and
streets.
(b)
No sign shall be lighted with flashing lights.
(c)
Signs which project perpendicularly from a building wall are
prohibited unless such sign (i) does not exceed 10 square feet, (ii)
the lowest portion of which is a minimum of nine feet above the sidewalk
and (iii) is not internally illuminated.
(d)
Neon. Only two pieces of neon are allowed per establishment
and shall be no more than four square feet per piece. No flashing
neon is allowed. No neon borders are allowed. Neon is considered part
of the allowable 10% of the first floor front square footage sign
area. Two color to-scale sketches with the location of the neon must
accompany the sign application.
(e)
Neon channel or reverse neon channel letters are letters that
are made from metal formed letters that house rows of neon inside
the letters that are then covered with plastic faces. In the case
of reverse neon channel letters the fact and sides of the letters
are made out of metal mounted up off the wall and the neon halo of
light stream out the back of the letters onto the facade of the building.
The total sign are for neon channel and reverse neon channel letters
follows the same guidelines as for wall signs which is not to exceed
10% of the first floor front building facade area and in any event
may not exceed 100 square feet. Two copies of a color to-scale sketch
of the placement of the letters on the building must accompany the
sign application. Buildings on a corner lot may erect an additional
sign for each business establishment or use in that building.
(f)
Individually formed letters are nonilluminated plastic or metal
individual letter or logos mounted on a wall with stainless steel
studs. The sign area for individual formed letters is the same as
for wall signs which is not to exceed 10% of the first floor front
facade area and in any event shall not exceed 100 square feet. Buildings
on a corner lot may erect an additional sign for each business establishment
or use located in that building. Two copies of a color to-scale sketch
of the placement of the letters on the building must accompany the
sign application.
(g)
Window lettering is only allowed using pressure sensitive vinyl
and is considered part of the allowable 10% of the first floor front
square footage sign area. No window may be painted except for seasonal
displays. Two color to-scale sketches of the placement of the lettering
must accompany the permit application.
4.
Wall signs nonilluminated signs that can be made out of wood, komatex
(rigid plastic), or framed aluminum. Two copies of color to-scale
sketches must accompany the sign application. Letter sizes must be
shown on the sketch. Wall signs are permitted on each building wall
that faces a street in the business district, subject to the following
limitations and requirements:
(a)
Not more than one wall sign shall be permitted for each business
establishment or use located in the building except that on corner
properties an additional sign may be erected on the side of the building
for each business establishment or use located in that building.
(b)
No wall sign shall extend farther than six inches from the face
of the building wall to which it is attached except that an awning
sign may extend up to three feet from the facade of the building to
which it is attached.
(c)
The height of any sign shall not exceed 2 1/2 feet or 20%
of the height of the building wall to which it is attached, whichever
is less. In no event may the Sign Area of any sign exceed 10% of the
area of the building wall to which it is attached.
(d)
(Reserved)
(e)
No sign shall be affixed upon a building or structure in any
manner which disfigures, damages or conceals any window opening, door
or significant architectural feature or detail of said building or
structure.
(f)
(Reserved)
(g)
On a sign with horizontal format attached to a building, the
maximum allowable height for lettering shall not be more than 80%
of the height of the sign.
5.
(a)
Notwithstanding any other provision which requires permits for
signs, a temporary banner in the Business District may be displayed
temporarily to advertise a grand opening, sale, business anniversary
or other celebratory milestones for a period not to exceed 30 days
within any nine month period. The banner shall be limited to a size
no greater than 15 square feet. A permit shall not be required for
such a temporary banner
[Amended 2-22-2022 by Ord. No. 2022-1]
(b)
Except as provided for in paragraph k,5(a), coroplast or paper
signs may be displayed temporarily for a period of not to exceed seven
days. The display of Coroplast or paper signs shall not exceed the
greater of five square feet or 5% of each of the total footage of
each windowpane. A permit shall not be required for installation.
6.
Portable signs that inform the public of sales or events may be displayed
temporarily on a public sidewalk, subject to the following limitations
and requirements:
(a)
The sign does not exceed an area of four square feet and a height
of four feet.
(b)
The sign is on display only during hours that the retail establishment
conducting the sale or event is open for business.
(c)
The sign is located within three feet of the property line of
the retail establishment conducting the sale or event.
(d)
The application for a permit shall include an indemnification
agreement pursuant to which the applicant shall agree to forever defend,
protect, indemnify and save harmless the Town of Kearny, its officers,
agents and employees from any and all claims, causes of action, injuries,
losses, damages, expenses, fees and costs arising out of such portable
sign.
(e)
Only one sign per establishment is allowed.
7.
Ground signs shall mean any freestanding sign permanently fixed,
anchored or secured to the ground in the Business District and are
subject to the following limitations and requirements:
(a)
Sign must be made out of wood, framed aluminum or any other
solid traditional materials.
(b)
Sign may not exceed 30 square feet on each side.
(c)
Sign height is not to exceed 16 feet.
(d)
Sign must be set back at least five feet from the property line.
(e)
Only one sign shall be permitted per lot.
(f)
Sign may not be internally illuminated, but may be externally
illuminated by either ornamental incandescent fixtures mounted to
the sign structure or by ground fixtures.
(g)
Two copies of a color to-scale sketch of the sign and the placement
of it on the property must accompany the permit at the time of application.
Letter sizes must be indicated on the sketch.
8.
Political nonprofit or not-for-profit organization signs and temporary
contractors signs shall be of temporary construction and the signs
shall not remain displayed for longer than 30 days during any six-month
period.
9.
Awnings. The installation of awnings is encouraged. The awning may
be stationary or retractable. The size of the awning is regulated
by Kearny Construction Code Enforcement Department and requires a
zoning permit and construction permit to be installed. Two copies
of a to-scale sketch of the awning on the building must accompany
the permit at the time of application. Awning shall be subject to
the following limitations and restrictions:
(a)
Awning must be made out of acrylic canvas (Sunbrella brand or
similar) and should be a shape and color that compliments the architecture
of the building.
(b)
No vinyl awnings are permitted.
(c)
No back-lit awnings are permitted.
(d)
Lettering is restricted to the vertical flap of the awning,
which shall not exceed eight inches in height.
(e)
Permission to encroach over town property with the awning must
be sought and obtained from the Kearny Governing Body prior to making
application for permit. Requests for approval to encroach must be
in writing and submitted before the second Tuesday of the month to:
Mayor and Town Council, 402 Kearny Avenue, Kearny NJ 07032.
[Ord. No. 10-14-87 § 138-6.600; Ord. No. 1999-O-2 § 29; Ord. No. 2018-3]
a.
No fence or wall located to the rear of the minimum required front
yard shall be erected more than six feet in height and shall be erected
within the property lines, except that a height of eight feet shall
be permitted in such side or rear yard areas along those property
lines where a residential use abuts a nonresidential use.
b.
The maximum height of a fence or wall shall not exceed 48 inches
in the required front yard of a residential district or in a side
yard adjacent to the street line of a corner lot. All fences and walls
in the required front yard of residential districts or in the side
yard of a corner lot shall be at least 50% open.
c.
No fence, wall, or other visual barrier shall be so located that it obstructs the vision of a motor vehicle driver approaching any street or driveway intersection. All fences shall meet the requirements of subsection 38-5.1c where applicable.
d.
The finished side of any fence or wall shall be oriented to the outside
of the lot.
e.
On through lots, as defined under this chapter, where a residential
use abuts a non-residential use and the building rear of the residential
use borders the non-residential use, a fence or wall not exceeding
six feet is permitted along those property lines where a residential
use abuts a non-residential use.
[Ord. No. 10-14-87 § 138-6.700; Ord. No. 12-12-90; Ord.
No. 2004-(O)-64]
a.
General. Prior to approval of any planned development, the Planning
Board shall find as required by N.J.S.A. 50:55D-45, the following
facts and conclusions:
1.
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the zoning
standards applicable to the planned development.
2.
That the proposals of maintenance and the amount, location and purpose
of the common open space are adequate.
3.
That provision through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreation and visual enjoyment
are adequate.
4.
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established.
5.
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
b.
Planned Commercial Development Groups.
1.
Purpose. Planned commercial development groups shall be permitted
in certain locations and under specific conditions to accommodate
commercial or office uses or both and other uses incidental to the
predominant use as hereinafter permitted.
2.
Required Area. The minimum contiguous size for planned commercial
development groups shall be as follows:
C-3 and C-4 District: One acre
SKM District: Five acres
3.
Development Plan. The planned commercial development group shall
be developed according to a plan as a single entity containing one
or more structures with appurtenant common areas. The development
plan shall demonstrate a coordinated treatment of building location,
orientation and relationship; vehicular access, parking, pedestrian
access and emergency access; landscaping, lighting and open space
areas; and facility management, security and operations.
4.
Permitted Uses. Permitted uses shall be as follows:
(a)
C-3 Community Business District: Any principal and accessory
uses permitted in the C-3 District other than residential uses and
under the same conditions as prescribed therein.
(b)
C-4 General Business District: Principal and accessory uses
permitted in the C-4 District other than residential uses and under
the same conditions as prescribed therein.
(c)
SKI-N South Kearny Industrial-North and SKI-S South Kearny Industrial-South
Districts:
(1)
Principal uses:
Bank and other financial institutions;
Department store;
Dry goods, clothing and variety store but not including outlet
sales;
Food store;
Furniture store;
Hotel and conference facilities;
Movie theater;
Offices, business and professional;
Restaurants;
Fast food restaurants if developed as part of a shopping center
building but which shall not include drive through service.
(2)
Accessory uses: Any accessory uses permitted in the C-3 District
other than residential uses and under the same conditions as prescribed
therein.
(3)
Other incidental uses: In the SKM[1] District, industrial uses permitted in the LI District
may be permitted as part of a planned commercial development group,
provided however that such use shall be incidental to the predominant
use and shall conform to all other requirements of this chapter.
[1]
Editor's Note: Ordinance No. 2003-(O)-23 deleted the SKM-1
and SKM-2 Zones and added the SKI-N and SKI-S Zones. At the direction
of the Town, the reference contained herein will be amended in a subsequent
ordinance.
(4)
Conditional uses: Any conditional uses permitted in the SKI-N
and SKI-S zone under the same conditions prescribed therein.
5.
Bulk Regulations. Planned commercial developments shall conform to
the following bulk regulations:
(a)
Height regulations shall be the same as the height regulations
in the SKM[2] Zone.
[2]
Editor's Note: Ordinance No. 2003-(O)-23 deleted the SKM-1
and SKM-2 Zones and added the SKI-N and SKI-S Zones. At the direction
of the Town, the reference contained herein will be amended in a subsequent
ordinance.
(b)
Improved lot coverage regulations shall be the same as the improved
lot coverage regulations in the SKM[3] Zone.
[3]
Editor's Note: Ordinance No. 2003-(O)-23 deleted the SKM-1
and SKM-2 Zones and added the SKI-N and SKI-S Zones. At the direction
of the Town, the reference contained herein will be amended in a subsequent
ordinance.
c.
Planned Industrial Development Groups.
1.
Purpose. Planned industrial development groups shall be permitted
in certain locations and under specific conditions to accommodate
industrial uses in single planned development.
2.
Required Area. The minimum contiguous size for planned industrial
development shall be 10 acres.
3.
Development Plan. The planned industrial development group shall
be developed according to a plan as a single entity containing one
or more structures with appurtenant common areas. The redevelopment
plan shall demonstrate a coordinated treatment of building location,
orientation and relationship; vehicular access, parking, pedestrian
access and emergency access; landscaping, lighting and open space
areas; and facilities management, security and operations.
4.
Permitted Uses and Bulk Regulations. Permitted uses and bulk regulations
shall be the same as the district in which the planned industrial
development group is located.
d.
Limited Income Housing.
1.
Conditions. Limited income housing (LIH) as required by and regulated
in this chapter shall meet the following conditions:
(a)
LIH units within each such development in the CLH Zone shall
be made available exclusively to limited income households at the
ratio of not less than 50% low income households nor more than 50%
moderate income households.
(b)
For purposes of this section, a lot income household is one
having a total income which is not more than 50% of the median household
income adjusted for household size in the Standard Metropolitan Statistical
Area (SMSA), Newark, New Jersey Housing Region, as established by
the United States Department of Housing and Urban Development (HUD)
for the purpose of administering the Federal Housing Assistance Payments
Program (Section 8) or by other generally accepted Federal or New
Jersey data base. The aforesaid percentage may be amended from time
to time as provided in this section.
For purposes of this section, a moderate income household is
one having a total income which is not less than 50% nor more than
80% of the median household income adjusted for household size in
the Standard Metropolitan Statistical Area (SMSA), Newark, New Jersey
Housing Region, as established by the United States Department of
Housing and Urban Development (HUD) for the purpose of administering
the Federal Housing Assistance Payments Program (Section 8) or by
other generally accepted Federal or New Jersey data base. The aforesaid
percentages may be amended from time to time as provided in this section.
(c)
Occupancy of LIH units constructed under the provisions of this
section shall be limited to low and moderate income households as
defined in this section and shall be affordable to such households
as follows:
(1)
In establishing affordability of a unit of a given number of
bedrooms, such units must be affordable to household sizes as set
forth below.
|
1 bedroom unit
|
2 person household
|
|
2 bedroom unit
|
3 person household
|
|
3 bedroom unit
|
5 person household
|
(2)
In the case of LIH units offered for sale, each unit shall be
affordable to a household earning no more than 80% of the ceiling
income for that household, by household size and income category,
spending not more than 28% of its gross household income for the sum
of the mortgage, based on: (i) a 10% down payment and realistically
available mortgage interest rates; (ii) property taxes as currently
levied in the Town of Kearny; (iii) insurance; and (iv) homeowners'
association fees, if any. The proposed prices of LIH units to be offered
for sale, and the calculation by which those prices have been determined,
shall be submitted for approval by the applicant as a part of application
for preliminary site plan approval.
(3)
In the case of LIH units offered for rent, they shall be rented
for no more than 30% of the gross household income of the low or moderate
income household, the rental to be inclusive of all services, maintenance
and utilities. In the event that any utility or other charges are
paid directly by the tenant, the maximum rental of 30% shall represent
the sum of the contract rent and all such utility or other charges.
Rents shall be set individually for each tenant on the basis of individually
verified household income.
(d)
Sale or rental of LIH units shall be on the basis of income
and residency of applying eligible households. Where the number of
applicants exceed the number of LIH units available, the sale or rental
of such units shall be in accordance with the date of application
submitted, with earlier applicants being given preference over later
applicants. The distribution of available LIH units shall be consistent
with the proportion of income categories as provided in paragraph
d, 1(a) above. Notwithstanding anything to the contrary contained
herein, indigenous limited household applicants within the respective
low or moderate income categories shall be given preference at all
times over non-indigenous limited income household applicants within
the same category.
(e)
All applicants for the purchase or rental of LIH units shall
meet the income qualifications established in this section at the
time the application is filed and shall be qualified at the time of
taking title or occupancy.
(f)
All tenants of rented LIH units shall be required to give proof
of continued income qualifications on the first and each subsequent
anniversary date of taking occupancy. A household that ceases to meet
the qualifications as a low income household but does meet the qualifications
of a moderate income household may continue to occupy the unit, and
the next moderate income unit to become available which is owned by
the same owner as the unit changing from low to moderate income occupancy
shall be rented to a low income household. Any tenant household having
an income which on the first or any subsequent anniversary date of
taking occupancy exceeds 125% of the current maximum income limitation
for a moderate income household shall be required to vacate the rented
unit upon nine months' written notice. Upon the issuance of the written
notice to vacate, the limitation of rental charges as set forth in
this section shall cease to apply and until the subject unit is vacated
the owner shall be entitled to an increase in rent, provided that
the increase does not exceed 30% of the amount by which the tenant's
income exceeds the current maximum income limitation for a moderate
income household. In the implementation of this paragraph, income
limitations shall be adjusted for household size.
(g)
Any developer submitting an application for development which
includes LIH units shall submit a plan for resale or rental controls
to insure that the LIH units remain affordable to low and moderate
income households for at least 30 years. Such plan shall contain all
of those provisions set forth in this section, as well as conform
to any regulations or guidelines adopted by the Town of Kearny or
any governmental agency or nonprofit entity delegated this authority
by the Town of Kearny.
(1)
Any plan for controlling the resale
of LIH units shall permit the owner of such units, upon resale, to
sell that unit for:
i.
The original sales price plus the original sales price multiplied
by 75% of the percentage increase in the Consumer Price Index between
the date of initial purchase and the date of resale.
ii.
Reimbursement for documented monetary outlays made
for reasonable property improvements and
iii.
Reasonable costs incurred in selling unit.
(2)
Any such plan shall provide that the low income units upon resale
may be sold only to low income households, and the moderate income
units to either low or moderate income purchasers; provided, however,
that the administering agency may establish reasonable provisions
for waiver of this condition on a case by case basis in the event
it finds that a particular unit may not feasibly be sold subject to
this condition. In the event that the administering agency grants
such a waiver, it may provide that the unit be sold at the formula
price, and that the resale controls remain in effect for any subsequent
sales of the unit.
(3)
The Town of Kearny may administer these controls directly, or
may enter into an agreement with a nonprofit corporation or other
governmental entity, or may permit the developer to administer these
controls, either directly or through a nonprofit entity established
by the developer, but in no event may the Town of Kearny require the
developer to administer these controls as a condition of approval
nor may the resale controls be ad-ministered merely by the existence
of a deed restriction on the property.
(4)
Resale controls shall be embodied in a deed restriction on the
property that shall be submitted by the developer at the time of preliminary
site plan approval, and shall be subject to approval by the Town Attorney
and by the administering agency. All deed restrictions shall be consistent
with all of the provisions of this section, and with any regulations
or guidelines adopted by the administering agency.
(5)
Any LIH unit offered as a rental unit shall continue to be offered
as a rental unit for at least 15 years. After 15 years, they may be
converted to condominium or cooperative occupancy, but must be sold
at prices affordable to moderate income households, as defined herein,
occupied by low or moderate income households, and subject to such
resale controls as may be necessary to insure that the units will
continue to be affordable to moderate income households for the remainder
of the thirty-year period commencing with the issuance of certificates
of occupancy on the last LIH unit in that development.
(6)
The administering agency, subject to review by the Town at the
option of the Council, shall adopt such regulations and guidelines
as may be necessary to carry out the provisions of paragraph (g) through
(g)(6).
(h)
Notwithstanding any other provisions of this section, the Town
of Kearny shall have the right to purchase, either directly or through
a governmental agency or authority or through corporation under contract
with the Town, any or all LIH units constructed in any development.
Such right must be exercised by written notice to the developer within
30 days after the issuance of a construction permit or permits for
the unit or units involved. Notice shall be mailed by certified mail
return receipt requested, to the developer at the address of the developer
set forth in the application for construction permit, and the notice
shall become effective upon mailing.
The purchase price for any unit shall be the agreed upon estimated
highest price at which the unit could be sold to a qualified low or
moderate income purchaser, as the case may be.
Closing of title on the purchase of any unit or units shall
take place within 30 days after the issuance of a certificate of occupancy
for the unit or units.
2.
Administration. Except as to the provisions of paragraph (g) above,
the administration and enforcement of the provisions of this paragraph
as they pertain to LIH units shall be undertaken and performed by
the Town Administrator, unless the Town Council shall by resolution
designate a governmental agency or nonprofit entity to undertake and
perform responsibilities.
3.
Periodic Review for Modification of Standards. The standards established
in this section for qualification as a low income household, a moderate
income household and the rental allowed to be charged for occupancy
of LIH units shall be reviewed periodically by the Town Council which
shall, from time to time, adopt such amendments to this section as
are required to assure that such standards conform to the applicable
decisional and statutory law of New Jersey. In the event that the
standards established by this section are so amended hereafter, such
amended standards shall apply to any LIH units which have been constructed
pursuant to this section and which are in existence at the time that
such standards are so amended.
[Ord. No. 2006-(O)-19 §§ 1
— 10]
a.
Findings, Purpose and Intent.
1.
The uncontrolled placement of newsracks in public rights-of-way presents
an inconvenience and danger to the health, safety and welfare of persons
using such public rights-of-way, including pedestrians, persons entering
and leaving vehicles and buildings, and persons performing essential
utility, traffic control and emergency services.
2.
The uncontrolled placement of newsracks is also detrimental to the
aesthetic characteristics of the Town and unsightly newsracks located
in the public rights-of-way constitute public nuisances and cause
visual blight.
3.
It is the purpose and intent of this section, in the interest of
public safety, aesthetics and the general welfare of the Town, to
reasonably regulate the placement, maintenance and operation of newsracks
within the Town of Kearny.
b.
DISTRIBUTOR
DRIVEWAY
NEWSPAPER, NEWS PERIODICALS, NEWS MAGAZINE
NEWSRACK
PUBLIC RIGHT-OF-WAY
ROADWAY
SIDEWALK
STREET
Definitions. As used herein, the following terms shall have the meanings
indicated:
Shall mean the person, corporation, employee or agent who
places and maintains or operates a newsrack in a public right of way
as herein defined.
Shall mean that surface, whether improved or not, over and
by which ingress and egress is made by private or public property
or by which vehicles move from private or public property onto a street.
Shall mean any newspaper, periodical or magazine of general
circulation as defined by general law; any newspaper duly entered
with the Post Office Department of the United States, in accordance
with Federal statute or regulation; and any newspaper filed and recorded
with any recording officer, as provided by general law.
Shall mean any self-service or coin-operated box, container,
storage unit or other dispenser erected, installed, maintained or
operated for the display, distribution and/or sale of newspapers,
circulars, pamphlets, news periodicals, magazines, or other similar
publications.
Shall mean a street, sidewalk or roadway.
Shall mean that portion of a street improved, designated
or ordinarily used for vehicle travel.
Shall mean any public surface or area provided for the use
of pedestrians, including the area between the curb of any street
and the sidewalk, or, if there is no sidewalk, the area between the
edge of the street and the property line adjacent thereto.
Shall mean all that area dedicated to public use for public
street purposes and shall include but not be limited to roadways,
parkways, alleys and sidewalks.
c.
Compliance and Permit Required.
1.
It shall be unlawful for any person, firm, corporation or distributor
to erect, place, maintain or operate a newsrack on any public right-of-way
within the Town of Kearny, without first having obtained a permit
from the Zoning Official. The permit shall specify the exact location
of each newsrack. One permit may be issued to include any number of
newsracks and shall be signed by the applicant.
2.
An application for such permit shall be made, in writing, to the
office of the Zoning Official of the Town of Kearny upon such form
as shall be provided and shall contain the name and address of the
applicant and the proposed specific location of said newsrack or newsracks
and shall be signed by the applicant. The application must be accompanied
by a color sketch or color drawing, to scale, and specifications of
the proposed newsrack depicting compliance with the requirements for
dimensions, color and lettering, and the application shall be signed
by the applicant.
3.
If the applicant meets all the requirements of the provisions of
this section, the permit shall be issued within 10 business days.
4.
If the application is denied, the Zoning Official, within 10 business
days and by regular mail, shall set forth in writing the reasons for
the denial. For each requested location, the Zoning Official shall
have an additional two business days to act.
5.
Such denial by the Zoning Official may be appealed within 30 days
to the Construction Board of Appeals who shall render a decision within
30 days.
d.
Conditions for Permit; Fee; Term; Liability Insurance.
1.
Permits may be issued for the installation of a newsrack or newsracks,
but such newsrack or newsracks and the installation, use or maintenance
thereof shall be conditioned upon compliance with the provisions of
this section.
2.
The application for a permit shall require the payment of an application
fee of $100.
3.
There shall be a registration fee of $50 per newsrack payable after
the time the application for a permit is approved.
4.
The permit shall be valid for a period of one year, on a fiscal-year
basis, commencing on January 1, and shall be renewable on January
of the subsequent year. Permits shall be renewable pursuant to the
procedure for original applications, upon payment of the $50 registration
fee per newsrack which shall be used to defray the cost of inspection.
The registration fee shall be prorated if the permit issued is effective
subsequent to January 1.
5.
No permit shall be issued or continued in operation unless the applicant
and any other persons, organizations, firms or corporations on whose
behalf the application is made for filing such application do represent,
stipulate, contract and agree that they will jointly and severally
defend, indemnify and hold the Town of Kearny harmless against liability
for any and all claims for damage to property or injury to or death
of persons arising out of or resulting from the issuance of the permit
or the control, maintenance or ownership of the newsracks permitted.
6.
No permit shall be issued or continued in operation unless the applicant
shall file with the Zoning Officer an insurance policy or policies
of a company duly licensed to transact business under the insurance
laws of this State, with coverage limits of at least $100,000 per
person and $1,000,000 per accident, insuring against loss from liability
imposed by law upon the distributor for damages on account of bodily
injury or death suffered, and in the sum of $50,000 against loss on
account of property damage suffered by any person or persons as a
result of an accident occurring by reason of the ownership, control
or maintenance of a newsrack, and no permit shall continue effective
unless such insurance shall remain in full force and effect, during
the entire term of the permit. Such insurance policy shall provide
for the payment of any final judgment recovered by any person on account
of the ownership, maintenance and control of such newsrack, or any
fault in respect thereto, and shall be for the benefit of any person
suffering loss, damage or injury as aforesaid.
Each insurance policy shall provide that neither the distributor,
nor its insurer, shall have any right to subrogation against the Town
of Kearny. Each insurance policy shall provide primary coverage for
any and all losses and shall be drafted so as to protect all parties.
The distributor shall have the Town of Kearny added as an additional
insured on the insurance policies required by this subsection.
e.
Maintenance; Installation.
1.
Any newsrack which in whole or in part rests upon or over any public
sidewalk, roadway or street and which is so permitted in a location
under the terms of this section shall comply with the following standards;
2.
No newsrack shall exceed 49 inches in height, 20 inches in width
or 18 inches in depth. Newsracks shall be manufactured of sturdy metal
housing, using 12 gauge sheet metal or better, finished with a prime
coat and baked powder coat finish.
3.
Newsracks shall be green with white lettering, but lettering shall
not exceed three inches in height and shall not cover more than 10%
of the surface area of the newsrack.
4.
Notwithstanding any provision in this subsection to the contrary,
any newsrack located in a streetscape design area shall conform to
the aesthetic characteristics of the streetscape plan.
5.
No newsrack shall be used for advertising signs or publicity purposes
other than those dealing with the display, sale or purchase of the
news materials sold therein.
6.
Each newsrack wherein a consideration is charged for the dispensing
of its product shall be equipped with a coin-return mechanism to permit
a person using the machine to secure an immediate refund in the event
that he is unable to receive the publication paid for. The coin-return
mechanism shall be maintained in good working order.
7.
Each newsrack shall have affixed to it, in a readily visible place
so as to be seen by anyone using the newsrack, a notice setting for
the name and address of the distributor and the telephone number of
a working telephone service to report a malfunction or to secure a
refund in the event of a malfunction of the coin-return mechanism
or to give the notices provided for in this section.
8.
Each newsrack shall be maintained in a neat and clean condition and
in good repair at all times. Specifically, but without limiting the
generality of the foregoing, each newsrack shall be serviced and maintained
so that:
(a)
It is reasonably free of chipped, faded, peeling and cracked
paint in the visible painted areas thereof.
(b)
It is reasonably free of rust and corrosion in the visible unpainted
metal areas thereon.
(c)
The clear plastic or glass parts thereof, if any, through which
the publications therein are viewed are unbroken and reasonably free
of cracks, dents or blemishes and discolorations.
(d)
The paper or cardboard parts or inserts thereof, if any, are
reasonably free of tears, peeling or fading.
(e)
The structural parts thereof are not broken or unduly misshapen.
(f)
It is free from all graffiti.
9.
It shall be unlawful for any person or place to maintain any publication
or material in newsracks which is obscene as defined by the United
States Supreme Court and/or as set forth in N.J.S.A. 2C:34-2 or -3
or which exposes to public view any pictorial material which depicts
or appears to depict nudity or offensive sexually explicit material.
10.
Each newsrack shall be maintained to prevent the newspapers or magazines
from being scattered about the area.
11.
Each newsrack not located on an existing sidewalk or other hard surface
area shall be placed on a precast concrete base. Installation, maintenance
and removal of the base shall be the responsibility of the distributor.
f.
Location and Placement.
1.
No newsrack shall be placed or permitted except in conformity with
the provisions of this section and upon permit application to the
office of the Zoning Official. Any newsrack which rests in whole or
in part upon or on any portion of a public street or sidewalk or projects
onto, into or over any part of a public street or sidewalk shall be
located in accordance with the provisions of the following:
(a)
No newsrack shall be used or maintained which projects onto,
into or over any part of the roadway of any public street or which
rests wholly or in part upon or over any portion of the roadway of
any public street.
(b)
No newsrack shall be permitted to rest upon, in or over any
public street or sidewalk when such installation, use or maintenance:
(1)
Endangers the safety of persons or property.
(2)
Unreasonably interferes with or impedes the flow of pedestrian
or vehicular traffic.
(3)
Unreasonably interferes with access to or exit from any legally
parked vehicle.
(4)
Unreasonably interferes with the ingress or egress from any
residence or place of business.
(5)
Unreasonably interferes with the use of traffic signs or signals,
hydrants or mailboxes permitted at or near said location.
(6)
Unreasonably interferes with or impedes the operation of any
bus stop.
(c)
A newsrack or newsracks shall be placed or otherwise secured
so as to prevent their being blown down or around the public street
or sidewalk but shall not be chained or otherwise secured to any traffic
or street signs, signals, hydrants, trees or mailboxes.
(d)
No newsracks shall be placed, installed, used or maintained:
(1)
Within three feet of any marked crosswalk or handicap curb ramp.
(2)
Within 15 feet of any fire hydrant, fire call box, police box
or other emergency facility.
(3)
Within 18 inches of a curb.
(4)
At any location whereby the clear space for the passageway of
pedestrians is reduced to less than six feet.
(5)
Within 10 feet of any standby or sprinkler connection or related
safety or fire equipment.
(6)
Within five feet of any building, showroom or display window,
unless written permission from the owner is secured and same is submitted
with the application.
(7)
At any location whereby the clear space for the passageway for
pedestrians is reduced by the newsrack to less than six feet.
(8)
Within three feet of or on any public area improved with lawn,
flowers, shrubs, trees or landscaping.
(9)
Within 300 feet of any other newsrack containing the same issue
or edition of the same publication.
(10)
In front of a single-family or two-family residence.
(11)
In any district other than the C1, C2 and C3 zones.
(12)
To cause a sight line obstruction at any intersection
or driveway.
(13)
No newsracks shall be permitted in any location
zoned as residential.
(14)
No more than two newsracks may be placed adjacent
to each other at any location that complies with this subsection.
After a newsrack, or pair of newsracks, is permitted for a specific
location, no additional newsracks shall be placed less than one city
block from the permitted newsrack.
g.
Abandonment/Removal of Newsracks.
1.
In the event that a newsrack remains empty for a period of 10 continuous
days or does not contain the publication specified in the application
therefor within 96 hours after the release of the current issue, the
Zoning Official may deem the newsrack abandoned and may, after having
given 30 days' written notice to the applicant to remedy the problem
specified in said written notice, remove the newsrack from the public
right-of-way and/or impound said newsrack.
2.
In the event that a newsrack does not confirm to any of the provisions
of this subsection, the Zoning Official may deem the newsrack a nonconforming
newsrack and may, after giving 30 days' written notice to the applicant
to remedy the problem specified in said written notice, remove the
newsrack and all supporting structures from the public right-of-way
or impound said newsrack. Newsracks that do not contain proper owner/operator
identification permanently attached thereto may be removed by the
Town at any time without notice.
3.
Storage after Removal. For any newsrack that is removed or impounded
in accordance with this section and then stored by the Town, the Township
shall charge a storage fee of $25 per day.
h.
Violations and Penalties. In addition to all enforcement procedures
provided herein, any violation of the provisions of this subsection
shall be subject to prosecution as a violation and, upon conviction,
shall subject the violator to a penalty of not less than $100 nor
more than $500, to confinement of not more than 90 days in jail, or
both Each day that a violation of this section continues after due
notice from the office of the Zoning Official to the violator shall
be deemed a separate and distinct violation for each separate newsrack.
i.
Suspension or Revocation of Permit. In addition to the penalties
provided herein, it shall be within the power and discretion of the
Zoning Official to suspend or revoke a permit for continued or repeated
violations or infractions of any provision of this subsection, or
of any rule, direction or regulation of the Zoning Official. Suspension
or revocation of a permit shall be mandatory for the third violation
of this subsection.
j.
Permits Not to Be Assigned. The permits issued pursuant to this subsection
shall not be assigned or transferred.
[Ord. No. 10-14-87 § 138-7.100]
In all districts, in connection with every industrial, business,
institutional, recreational or residential or any other use, there
shall be provided, at the time any building or structure is erected
or is enlarged or increased in capacity, off-street parking and loading
spaces for automobiles and other vehicles in accordance with the requirements
set forth in the Land Subdivision and Site Plan Review Ordinance of
the Town of Kearny. Such facilities shall be completed prior to the
issuance of a certificate of occupancy. In cases where site plan approval
is not required, the standards herein shall prevail.
[Ord. No. 10-14-87 § 138-7.200]
Off-street parking and loading facilities for separate uses
may be provided jointly if the total number of spaces so provided
is not less than the sum of the separate requirements for each use
and provided that all regulations governing the location of accessory
spaces in relation to the use served are adhered to. Further, no accessory
space or portion thereof shall serve as a required space for more
than one use unless otherwise approved as provided in the Land Subdivision
and Site Plan Review Ordinance.
[Ord. No. 10-14-87 § 138-7.300]
Every parcel of land hereafter used as a public or private off-street
parking or loading area shall be maintained in good condition, free
of hazards and deterioration. All pavement, areas, sidewalks, curbs,
drainage facilities, lighting, bumpers, guardrails, markings, signs,
landscaping and other improvements shall be maintained in workable,
safe and good condition.
[Ord. No. 10-14-87 § 138-7.400]
All permitted and required accessory off-street parking spaces
open or enclosed, shall be located on the same zone lot as the use
to which such spaces are accessory, except that such spaces may be
provided elsewhere within a radius of no greater distance than 400
feet from the lot, and further provided that the required spaces are
provided off the site in accordance with the provisions set forth
herein or in the Land Subdivision and Site Plan Ordinance. Such spaces
shall be in the same ownership as the use to which they are accessory
and shall be subject to deed restrictions filed in the office of the
County Clerk in Hudson County, binding the owner and his heirs and/or
assigns to maintain the required number of spaces available throughout
the life of such use, and such spaces shall conform to all regulations
of the district in which they are located.
[Ord. No. 10-14-87 § 138-7.500; Ord. No. 2004-(O)-12; Ord.
No. 2005-(O)-09 § 4; Ord.
No. 2005-(O)-42 § 4]
a.
Except as provided for in the following paragraph b below, every
one family and two family dwelling, and any dwelling converted from
a one family to a two family dwelling, shall be required to provide
a minimum of one off-street parking space for each dwelling unit.
[Ord. No. 10-14-87 § 138-7.600; Ord. No. 1999-O-2 §§ 30,
40]
A private garage permitted as an accessory use in a residential
district shall be subject to the following special provisions:
a.
A private garage for not more than two motor vehicles shall not be
over 14 feet in height measured to the peak of a sloped roof and not
over 10 feet in height measured to the highest point of a flat roof
and shall not be erected within less than 25 feet of the front of
the street line. On a corner lot, no part of a garage shall be nearer
the side street line than the side yard dimensions permitted for the
said corner lot. If a private garage accessory to a residential building
is made part of the principal building, the requirements of this subsection
shall not apply.
The maximum height of a garage shall be one story in height.
Maximum dimensions for a one-car garage is 10 feet by 20 feet and
maximum dimension for a two-car garage is 20 feet by 20 feet.
b.
Space for not more than one noncommercial motor vehicle may be leased
in a private garage in the R-1 District, and space for not more than
two non-commercial motor vehicles may be leased in a private garage
for not more than three motor vehicles in an R-2 and R-3 District.
c.
Upon mutual agreement between property owners, party-wall garages
may be built across a common lot line. Otherwise, a private garage
for not more than three motor vehicles shall be everywhere distant
at least three feet from any side or rear lot line, except that if
it extends to within less than 70 feet of the front street line, it
shall be at least 10 feet distant from a side lot line which adjoins
a lot in any residential district. In the case of a corner lot, it
shall be at least eight feet distant from the rear lot line.
d.
A group of garages in the form of a motor court permitted as an accessory
use to a garden-type apartment dwelling for four or more but not over
12 family units shall not be located nearer the front street line
than the principal building nor within less than four feet of any
side or rear lot line.
e.
Garage spaces where provided shall be used only by the owners, tenants,
or guests, except as noted in paragraph b and in the following alternative
ways:
1.
Within the building.
2.
Beneath any part of the side or rear yards or courts except within
10 feet of any lot line, provided no portion of the roof of such garage,
except parapets, extends higher than the level of the first floor
beams of the principal building and such roof is so designed as to
be used for an open terrace or part of the yard.
3.
In a separate building, above the ground on the same lot, provided
no part of such building is less than four feet distant from any side
or rear lot line.
4.
No permit shall be issued for the erection or construction of a depressed
garage, attached to a residence, as an accessory use, in a residential
zone if any portion of the garage (excepting the foundation) is less
than one foot above the street level of the lot upon which the garage
is to be erected or constructed; provided, however, that the aforementioned
prohibition shall be inapplicable where the entrance to a garage attached
to a residence faces away from the public street upon which the dwelling
faces, if the elevation of the land behind the garage entrance and
further away from the public street is lower than the elevation of
the land at the entrance to the aforementioned garage.
f.
Within any residential district, no garage built into a basement
or terrace shall project in any part of a front yard by more than
four feet.
g.
Notwithstanding anything in this chapter to the contrary, a private
garage in a residential district, lawfully in existence on December
29, 1952, may be rebuilt or repaired and may also be extended by the
addition of not more than three feet to its length, which extension
may be in the front or in the rear, provided such extension is only
to the first floor of the building.
h.
Private garages which are accessory uses customarily incidental to
the principal permitted uses and are located on the same lot, may
include a private garage for not more than three motor vehicles. Except
as provided herein, such accessory uses shall not include any use
customarily carried on as a gainful business or industry nor the erection
or maintenance of any advertising sign except as herein specified,
provided, however, that the parking of a commercial vehicle under
a rated capacity of one ton shall not constitute a prohibited use
under this section.
i.
Private garages accessory to garden apartment dwellings and multiple-family
residences may be grouped in motor courts enclosed on all sides except
for necessary driveway entrances, but shall provide storage for not
more than two motor vehicles for each family dwelling unit on the
premises. Garages or off-street parking spaces shall be provided as
accessory uses to garden and multiple-family residences in accordance
with the provisions of the Subdivision and Site Plan Ordinance.
[Ord. No. 10-14-87 § 138-7.700; Ord. No. 1999-O-2 § 31; Ord. No. 2000-0-17; Ord.
No. 2004-(O)-12]
Off-street parking spaces with a paved or graveled surface and roadway connecting with the street may be substituted for all or part of the private garage space required for dwellings under subsection 38-7.5 or 38-7.6e, provided such parking space is in the side or rear yard and is not less than three feet distant from any side or rear lot line with the intervening space appropriately buffered by landscaping. Access to such side or rear yard parking.[1] The maximum driveway width and curb width of a driveway
located between the building line and street line in the R-1M Zone
shall be 10 feet. Such parking space shall be used only by tenants
of the principal building or buildings and temporarily by guests of
such tenants. Where such parking is provided in the rear yard, no
more than 33% of the rear yard shall consist of impervious surfaces
including such parking areas, except that a maximum of 60% impervious
coverage in the rear yard shall be permitted with lots having a width
of 25 feet or less. In no case shall the improved lot coverage for
the entire lot exceed the maximum permitted in Schedule I.[2]
Additional parking may be permitted on the paved driveway leading
to such parking spaces, or to a garage. Such additional parking is
intended to alleviate on-street parking congestion with the least
impact on aesthetic and environmental concerns. This additional parking
alone does not fulfill the off-street parking requirements mandated
in other sections of this chapter.
[Ord. No. 1999-O-2 § 32]
(Reserved)
[Ord. No. 2004-(O)-70 § 2; Ord. No. 2005-(O)-09 § 4]
This subsection shall be known as the Town of Kearny "Driveway
Construction" Ordinance.
a.
Purpose. The purpose of this subsection is to promote the public
health, safety, and general welfare of the community, to further the
safe and orderly layout of driveways that enter onto Town streets
or roads.
c.
Permit Required. No person or entity shall establish, construct,
modify, or rework a driveway from a private property line to a public
roadway without first filing a zoning permit application form and
receiving a zoning permit from the Kearny Construction Code Enforcement
Department.
d.
Application Requirements and Procedures.
1.
Application Form. Applications for zoning permits shall be made on
a form approved by the Construction Code Official and are available
at the Kearny Construction Code Enforcement Office.
2.
Application Procedures. A completed zoning application form shall
be filed with the Construction Code Enforcement Department along with
the required application fee and attachments, including the following:
(a)
A scale drawing of the property parcel, to include all buildings
or structures existing and any proposed buildings or structures the
applicant intends to add to the parcel. The drawing shall include
the proposed or existing driveway location. Distances from the existing
property lines to the centerline of the driveway shall be dimensioned
to establish the driveway location. The width of the driveway at the
edge of the roadway will be dimensioned, and the proposed driveway
slope shall be provided.
(b)
A copy of a Hudson/Essex County Soils Conservation District
approval, if applicable.
3.
Application Review. The Construction Code Official shall review the
completed application and shall approve or deny stating reasons for
any denial.
4.
Permit Period. The zoning permit shall be effective for 12 months
from the date of issuance. If the driveway is not completed within
the permit period, the permit is deemed expired and a new application
must be submitted for approval.
5.
Driveway Inspection. The applicant shall notify the Construction
Code Enforcement Office within five working days from the completion
of construction or improvement of the driveway. The Building Inspector
shall conduct an inspection of the driveway to ensure full compliance
with all provisions of this section and terms of the permit.
6.
Building Permits. The Building Inspector shall determine whether
the driveway must be completed prior to commencing construction of
any buildings or structures on the parcel and may condition any building
permit on completion of the driveway for the following reasons:
(a)
Construction activities are reasonably likely to cause the tracking
of soil, gravel vegetation or other material onto the public street
or roadway.
(b)
Construction of the driveway is necessary to allow for the safe
and efficient access of construction vehicles entering or leaving
the construction site.
7.
Application Fee. The fee for each zoning permit shall be $25 plus
a $50 inspection fee. There shall be no inspection fee required for
the resurfacing or patching of a lawfully existing driveway with the
same or similar material as currently exists, providing that there
is no expansion of the driveway area and that the existing curb cut
remains unchanged.
8.
Town Authority Preserved. The Town of Kearny, notwithstanding the
issuance of any permit under this subsection or construction of any
driveway, reserves the right to make any changes, additions, repairs
or relocation of any part of a driveway within the dedicated right
of way at any time, including but not limited to, in connection with
the relocation, construction, widening and maintaining the street
or road or right of way, without compensating the owner of such private
driveway of the damages to or destruction of such private driveway.
e.
Driveway Location, Design and Construction Requirements.
1.
General Requirements. The location, design and construction of driveways
shall be in accordance with the following:
(a)
General Design. Driveways shall not provide direct ingress or
egress to or from any street intersection, and shall not encroach
upon or occupy areas of the street right-of-way required for effective
traffic control. A driveway shall be located a minimum of 40 feet
from the intersecting centerlines of streets or roadways, or a maximum
distance from the intersecting centerlines to the driveway that can
be achieved to provide access to an existing lot. A driveway shall
be so located and constructed that vehicles approaching or using it
shall have adequate sight distance along the street or road. Driveway
approaches shall be at least 10 feet apart and shall be placed wherever
possible as not to interfere with utilities in place.
(b)
Number. Not more than one driveway shall be permitted to serve
an individual residential property. Preexisting commercial or light
industrial uses situated within any residential zone shall be limited
to not more than one driveway. No two adjoining parcels shall be served
by two or more driveways on adjoining properties, which share a single
access point onto a Town street or road.
(c)
Drainage. The surface of the driveway connecting with the street
or road shall be sloped to preclude an extraordinary or inordinate
amount of surface water drainage from flowing onto the street or roadbed.
No driveway apron shall extend out into the street or road further
than the edge of the street or road or face of the curb. All driveway
entrances and approaches shall be so constructed that they shall not
interfere with the drainage of the street or road or any existing
structure in the right-of-way.
(d)
Relocation of Utilities. Any costs of relocating utility structure
or facilities shall be the responsibility of the property owner.
(e)
Removal of Trees Prohibited. No existing trees within the right-of-way
shall be altered, removed or otherwise damaged to accommodate the
location of any driveway.
(f)
Variances. The Zoning Board of Adjustment may vary any of the
above requirements where the peculiar nature of the property or the
design of the street or road may make the rigid adherence to the above
requirements impossible or impracticable.
2.
Special Requirements for Residential Driveways.
(a)
Width of driveway. A residential driveway shall be no greater
than:
(1)
For a one-family dwelling 10 feet wide.
(2)
For a two-dwelling 14 feet wide.
At the edge of the pavement of the street/road or curbline.
In all R-1 Zones, the width limitation at the edge of the pavement
of the street/road or curbline as provided herein shall not be exceeded
for the entire length of that portion of the driveway located between
the street/road or curbline and the front line of the principal structure
or dwelling.
(b)
Angular placement prohibited. The centerline of the driveway
between the property line and the curb must be at a right angle to
the edge of the pavement of the street or roadway or curbline of the
lot it serves. The centerline of the driveway may not be parallel
to the propertyline of the lot it serves. The Construction Code Official
may grant special permission for a driveway to be at an angle other
than a right angle to the street, only if the owner demonstrates a
legitimate need and there exists no reasonable alternative to safe
ingress and egress to or from the property or to preserve existing
mature tree growth on the lot or within the row. Preexisting, nonconforming
driveways, lawfully existing at the time of adoption of paragraph
e,2(b) Angular placement, of this subsection[1] may be continued upon the lot of the building or structure
served by said driveway unless the nonconformity is abandoned for
a period of one year or more.
3.
Prohibited Driveways.
(a)
No driveway shall be located within the sight triangle. At roadway
intersections a driveway shall not provide direct ingress or egress
to or from the roadway intersection area and shall not occupy areas
of the roadway deemed necessary by the Town for effective traffic
control.
(b)
Joint or common driveways serving two separate adjoining parcels
or properties by way of a single access point in a street or road
shall be prohibited.
4.
Construction/Reconstruction of Curbs. When construction of a driveway requires the removal of a curb the same shall be replaced and restored with equivalent acceptable material per Town standards. (See Chapter 23, Sections 23-17 and 23-18 of these Revised General Ordinances). Curb returns shall be provided or restored in a neat and acceptable manner.
5.
Maintenance Responsibility. The property owner is responsible for
maintaining the driveway approach in such a manner necessary to permit
free and unobstructed flow of water. The Town of Kearny does not assume
any responsibility for repair or replacement of concrete or decorative
pavement, decorative endwalls/headwalls, the removal or clearance
of snow and/or ice, upon any portion of a driveway within the Town
of Kearny right-of-way.
f.
Enforcement. The Construction Code Enforcement Department may post
a stop-work order if a driveway or other permitted construction or
any part thereof is being installed contrary to the terms of this
subsection or without a permit.
g.
Penalties. Any person who constructs or modifies any driveway without a permit as required by this subsection shall be subject to a fine of $250, plus all applicable assessments, surcharges and court costs. Any person who shall construct or modify a driveway in violation of any other provision of this subsection, shall, unless the violation is corrected within 30 days of the date of the written notice from the Construction Code Enforcement Department, be subject to the penalties as provided for in Chapter 1, Section 1-5, plus all applicable assessments, surcharges and court costs. Each day that any violation continues shall constitute a separate offense. An unlawful driveway constitutes a public nuisance and may be subject to abatement by any applicable procedure.
[Ord. No. 10-14-87 § 138-8.100]
A use, building or structure which is lawfully in existence
at the effective date of the chapter and shall be made nonconforming
at the passage of this chapter or any applicable amendment thereto
may be continued, except as otherwise provided herein.
[Ord. No. 10-14-87 § 138-8.200]
No existing use, building or premises devoted to a nonconforming
use shall be enlarged, extended, reconstructed, substituted or structurally
altered, except when changed to a conforming use or when required
to do so by law and as follows:
a.
Any nonconforming structure or use damaged to less than 80% of its
previous existing area may be restored, reconstructed or used as before,
provided the area of such use, building or structure shall not exceed
the area which existed prior to such damage nor increase the intensity
of use. The Board of Adjustment shall determine the time period in
which complete restoration shall take place.
b.
Repairs. Normal maintenance and repair of a structure containing
a nonconforming use is permitted, provided that it does not extend
the area or volume of space occupied by the nonconforming use and
does not increase the number of dwelling units or increase the intensity
of use.
c.
Nothing in this chapter shall prevent the strengthening or restoring
to a safe or lawful condition any part of any building or structure
declared unsafe or unlawful by the Construction Official or other
authorized State or Town official.
[Ord. No. 10-14-87 § 138-8.300; Ord. No. 8-8-82]
a.
Abandonment. The change of a nonconforming use to a more restricted,
or conforming use for any period of time shall be considered an abandonment
thereof, and such nonconforming use shall not thereafter be revived.
b.
Partial Destruction. When 80% or more of the existing area of a nonconforming
structure is destroyed by fire or other casualty or an act of God,
the use of such structure as a nonconforming use shall thereafter
be terminated.
c.
Nonconforming Buildings Lawfully Under Construction. Any nonconforming
building or structure lawfully under construction on the effective
date of this chapter, pursuant to plans filed with the Construction
Official and approved by him and all other municipal boards and agencies
as required under law, may be completed and may be used for the nonconforming
use for which it was designed, to the same extent as if such building
had been completed and been in use at the effective date of this chapter,
provided that such building or structure shall be completed within
one year after the effective date thereof.
d.
Nonconforming Billboards. A nonconforming billboard which is damaged
by elements to such an extent that its supporting members are broken
shall be deemed to have been destroyed and shall not be reconstructed.
[Ord. No. 10-14-87 § 138-8.400]
Notwithstanding any other provision of this Zoning Ordinance and particularly the provisions of Article VIII hereof, any building or structure located in a R-1, R-2 or R-3 zone presently used for residential purposes and lawfully in existence at the effective date of this chapter or one year prior thereto, may be rebuilt in the event of damage, destruction, or intentional demolition without obtaining a variance provided the dimensions of the structure are substantially identical to the dimensions of the damaged, destroyed or demolished structure.
[Ord. No. 10-14-87 § 138-9.100; Ord. No. 2002-O-8 § 1]
There is created hereby the full-time position of Construction
Official/Zoning Officer.
a.
Duties, Power and Authority. The Construction Official/Zoning Officer shall have the chief administrative responsibility for administering and enforcing the provisions of Chapter 35, 36 and 38, other applicable State, County and local construction and zoning laws, ordinances, rules and regulations, and the New Jersey Uniform Construction Code as it applies to the Town. He shall issue zoning permits, construction permits and certificates of occupancy. He shall examine the working plans of proposed buildings and shall conduct field work to ensure compliance with construction and zoning requirements. He shall examine all applications for permits and issue permits for the construction, alteration, enlargement and occupancy of all uses which are in accordance with the aforesaid requirements. He shall also issue permits for those applications which require a variance from the requirements of Chapters 35, 36 and 38 or which require site plan or subdivision approval, but only upon written order of the Board of Adjustment or the Planning Board, as the case may be. He shall also record and file and safely keep all applications for permits, with accompanying plans and documents, and make reports to the Mayor and Council.
b.
Compensation. The salary for the position shall be as set forth in
the salary ordinance of the Town for Construction Official.
c.
References. All references now in the General Ordinances to "Construction
Official" or to "Zoning Officer" shall be read to mean Construction
Official/Zoning Officer.
[Ord. No. 10-14-87 § 138-9.200]
a.
Purpose. To ensure compliance with the provisions of this chapter,
no person shall erect, alter or convert any structure or building
or part thereof or alter the use of any land subsequent to the adoption
of this chapter, until a building permit has been issued by the Construction
Official.
b.
Issuance of Permit. Any building permit issued under this section
shall be valid for a period of one year from the date of issuance.
Unless a certificate of occupancy as hereinafter provided is issued
for the structure covered by the permit within one year, the permit
shall automatically lapse; application may, however, be made for renewal
of the permit for a one-year period. One copy of the building permit
shall be kept conspicuously on the premises affected and protected
from the weather whenever construction work is being performed thereon.
No owner, contractor, workman or other person shall perform any building
operations of any kind unless a building permit covering such operation
has been displayed as required by this chapter, nor shall anyone perform
building operations of any kind after notification of the revocation
of the building permit.
c.
Denial of Permit. When the Construction Official is not satisfied
that the applicant's proposed development will meet the requirements
of this chapter, he shall refuse to issue a building permit and the
applicant may appeal to the Zoning Board of Adjustment as prescribed
by law.
d.
Revocation of Permit. If it shall appear, at any time, to the Construction
Official that the application or accompanying plan is in any respect
false or misleading, or that work is being done on the premises differing
from that called for in the applications filed with him under existing
laws or ordinances, he may forthwith revoke the building permit, whereupon
it shall be the duty of the person holding the same to surrender it
and all copies thereof to the Construction Official. After the building
permit has been revoked, the Construction Official may, in his discretion,
before issuing the new building permit, require the applicant to file
an indemnity bond in favor of the Town of Kearny with sufficient surety
conditioned for compliance with this chapter and all laws and ordinances
then in force, and in a sum sufficient to cover the cost of removing
the building or structure if it does not comply.
[Ord. No. 10-14-87 § 138-9.300; Ord. No. 4-12-94; Ord.
No. 2003-(O)-10 §§ 1, 2; Ord. No. 2003-(O)-11; Ord.
No. 2003-(O)-32 §§ 1, 2; Ord. No. 2005-(O)-42 §§ 2,
3]
a.
For New Uses.
1.
It shall be unlawful to use or permit the use of any building or
premises or part thereof, hereafter erected or converted, altered
or changed from one use to another use, wholly or partly, until a
certificate of occupancy shall have been issued by the Construction
Official. Such certificate shall show that such building or premises
or part thereof and the proposed use thereof are in conformity with
the provisions of this chapter. It shall be the duty of the Construction
Official to issue a certificate of occupancy within 10 days after
a request for the same shall be filed in his office by any owner,
after having determined that the building and the proposed use thereof
conform to all the requirements herein set forth.
2.
Compliance with Other Ordinances. No certificate of occupancy shall
be issued unless the applicant first obtains a zoning permit for that
property from the Zoning Official. Further, a certificate of occupancy
shall not be issued until the Construction Official determines that
all applicable codes and ordinances administered and enforced by any
of the following names, department(s) or agencies have been complied
with:
(a)
The Board of Health.
(b)
The Town Engineer.
(c)
The Fire Department.
(d)
The Police Department.
(e)
The Planning Board.
(f)
The Board of Adjustment.
(g)
The Recreation Commission.
(h)
The Department of Public Works.
(i)
The Governing Body.
(j)
The County Planning Board.
(k)
Any other applicable department, board or agency, by the Municipal,
County, State, Federal, or interstate government agency.
b.
Existing Residential Uses — Certificate of Continued Occupancy.
1.
Upon the transfer of title to any property located within the boundaries
of the Town of Kearny, it shall be unlawful for any owner to occupy
or permit the occupancy of that property without first obtaining a
certificate of continued occupancy. This section does not apply to
property transfers by inheritance. No certificate of continued occupancy
shall be issued unless the applicant first obtains a zoning permit
for the specific property.
When any R-3 and R-5 (use groups) (pertains to one- and two-family
dwellings) property is sold, a smoke and carbon monoxide detector
compliance certificate, as required by the laws of the State of New
Jersey, must be obtained from the Construction Official/Zoning Officer,
prior to the issuance of a certificate of [continued] occupancy. The
fee for the compliance certificate shall be included in the fees below.
No certificate of [continued] occupancy shall be issued unless the
applicant first obtains a zoning permit for that property.
A certificate of continued occupancy shall be applied for through
the Construction Code Enforcement Department for the Town of Kearny.
The certificate of continued occupancy shall indicate that as a result
of a general inspection of the visible parts of the structure, no
violations have been determined to have occurred and no unsafe conditions
have been found, and that the existing use of the structure heretofore
lawfully existed. If any violations are found, no occupancy shall
be permitted until all items designated for correction by the Construction
Code Enforcement Department are made, corrected, and inspected. No
certificate of continued occupancy shall be issued unless the applicant
first obtains a zoning permit for that property.
2.
Fees. Fees payable through the Construction Code Enforcement Department
of the Town of Kearny for a residential certificate of continued occupancy
shall be as follows:
|
One-family dwelling
|
$60
|
(Includes smoke detector)
|
|
Two-family dwelling
|
$80
|
(Includes smoke detector)
|
|
Three-family or more
|
$40/dwelling unit
|
(No smoke detector necessary)
|
c.
Change of Use. No owner, tenant or other person shall use or occupy
any building or structure thereafter erected or altered, the use of
which shall be changed after the passage of this chapter, without
first procuring a zoning permit and certificate of occupancy, provided
that certificate of occupancy once granted shall continue in effect
as long as there is no change of use, however, a new zoning permit
must be issued upon every change of commercial tenancy or commercial
occupancy.
d.
Certificate of Occupancy Records. A record of all certificates shall
be kept on file in the office of the Construction Official and copies
shall be furnished upon request to any person having a proprietary
interest or tenancy in the building affected.
[Ord. No. 10-14-87 § 138-9.400]
Nothing herein contained shall require any change in the plans,
construction or designated use of a building or which a building permit
has been heretofore issued or for which plans are on file with the
Construction Official at the time of passage of this chapter and for
the erection of which a permit is issued within one month from the
passage of this chapter and the construction of which, in either case,
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 plans as have been filed, within one year from the
date of the passage of this chapter, except if construction has been
delayed as a result of a national emergency.
[Ord. No. 10-14-87 § 138-9.500; Ord. No. 4-12-94; Ord.
No. 9-26-95; Ord. No. 2003-(O)-40]
a.
Complaints of Violations. Any person may file a complaint if there
is any reason to believe a violation of this chapter exists regarding
a violation of the building code, certificate of occupancy requirements,
zoning permit requirements or conditions of site plan, subdivision
or variance approvals. All such complaints must be in writing and
shall be filed with the Construction Official, who shall properly
record such complaint and immediately investigate.
b.
Procedures for Abatement of Violations. A violation of any of these
terms of this chapter shall be abated within five days, or within
as reasonable a time as may be determined, after written notice has
been served, either by mail or personal service.
c.
Penalties. Any person, firm or corporation violating any provision
of this chapter, shall upon conviction be subject to a fine of not
less than $100 nor more than $1,000 for each offense or imprisonment
not exceeding 90 days or both, in the discretion of the Court imposing
sentence pursuant to N.J.S.A. 40:49-5. Each day that a violation occurs
or is committed shall constitute a separate offense. The imposition
of the penalties herein prescribed shall not preclude the Town of
Kearny from instituting an appropriate action or proceeding to prevent
an unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use, or to restrain, correct or abate a
violation, or to prevent the occupancy of a building or structure
or premises, or to prevent an illegal act, conduct, business or use
in or about any premises.
[Ord. No. 2003-(O)-11 § 2; Ord. No. 2003-(O)-31 § 2]
a.
Required Permit. Before the commencement of a use or the erection, construction, reconstruction, alteration, conversion, or installation of any structure or building the property owner shall obtain a zoning permit. Failure of a property owner to comply with this paragraph is a violation of law and subjects the owner to penalty under Kearny Code, N.J., § 38-9.5.
b.
Duties of the Zoning Official. The Zoning Official shall grant or
deny the issuance of a zoning permit in writing within 10 days of
a request. A zoning permit shall be issued only if the Zoning Official
determines that the use, structure, or building complies with the
provisions of the municipal zoning ordinance or variance.
c.
Compliance with Other Ordinances. The Zoning Official shall not issue
a zoning permit until determining that the use, structure, or building
complies with all applicable codes and ordinances administered and
enforced by any of the following departments or agencies:
1.
The Board of Health.
2.
The Town Engineer.
3.
The Fire Department.
4.
The Police Department.
5.
The Planning Board.
6.
The Board of Adjustment.
7.
The Recreation Commission.
8.
The Department of Public Works.
9.
The Governing Body.
10.
The County Planning Board.
11.
Any other applicable department, board or agency, by the Municipal,
County, State, Federal or interstate government agency.
d.
Fees. Every applicant for a zoning permit shall pay a $25 application
fee to the Construction Code Enforcement Department for each permit.
e.
Zoning Permit Records. The Zoning Official shall keep records of
all permits issued in his or her office. Copies shall be provided
upon request to any person having a proprietary interest or tenancy
in the buildings or lands affected.
[Ord. No. 10-14-87 § 138-10.110]
All amendments to this chapter and to the zoning map,[1] which forms a part hereof, shall be in accordance with
the provisions of N.J.S.A. 40:55D-62 et seq. and any amendments or
revisions thereto.
[1]
Editor's Note: The Zoning Map can be found as an attachment
to this chapter.
[Ord. No. 10-14-87 § 138-10.200]
a.
In their interpretation and application, the provisions of this chapter
shall be held to be the minimum requirements adopted for the promotion
of the public health, morals and general welfare; for lessening the
congestion in the streets; for securing safety from fire, panic and
other dangers; for the provision of adequate light and air; for preventing
overcrowding of land or buildings; for the avoidance of undue concentration
of population; and for facilitating adequate provision of transportation,
water, sewerage, schools, parks and other public improvements.
b.
It is not intended by this chapter to repeal, abrogate, annul or
in any way to impair or interfere with any existing provision of law
or ordinance or with any rules, regulations or permits previously
adopted or issued or which shall be adopted or issued pursuant to
law relating to the use of buildings or premises; nor is it intended
by this chapter to interfere with or abrogate or annul any easements,
covenants or other agreements between parties; provided, however,
that where this chapter imposes greater restrictions upon the use
of buildings or premises or upon the height of buildings, or requires
larger yards, courts or other open spaces than are imposed or required
by such existing provision of law or ordinance or by such rules, regulations
or permits or by such easement, covenants or agreements, the provisions
of this chapter shall control.
c.
Nothing contained in this chapter shall apply to any public building
in the Town of Kearny.
[Ord. No. 10-14-87 § 138-10.300]
a.
The Town Council may from time to time either on its own motion or
on petition, after public notice and hearing, amend, supplement or
change the regulations and districts herein established. Every such
proposed amendment, supplement or change shall be referred by the
Town Council to the Planning Board for report before the above public
hearing.
b.
Such amending ordinance shall be adopted after the Planning Board
has adopted the land use plan element of a master plan and all of
the provisions of such zoning ordinance or any amendment or revision
thereto shall either be substantially consistent with the land use
plan element of the master plan or designed to effectuate such plan
element; provided that the Governing Body may adopt a zoning ordinance
or amendment or revision thereto which in whole or part is inconsistent
with or not designed to effectuate the land use plan element, but
only by affirmative vote of the majority of the full authorized membership
of the Governing Body with the reasons of the Governing Body for so
acting recorded in its minutes when adopting such a zoning ordinance;
and provided further that, notwithstanding anything aforesaid, the
Governing Body may adopt an interim zoning ordinance pursuant to law.
c.
A protest against any proposed zoning amendment or revision of a
zoning ordinance may be filed with the municipal clerk, signed by
the owners of 20% or more either of the area of the lots or land included
in such proposed change, or of the lot or land extending 200 feet
in all directions therefrom inclusive of street space, whether within
or without the municipality. Such amendment or revision shall not
become effective following the filing of such protest except by the
favorable vote of 2/3 of all the members of the Governing Body of
Kearny.
[Ord. No. 10-14-87 § 138-10.400]
If any section, subsection, sentence, clause or phrase of this
chapter or the location of any district boundary shown on the Zoning
Map that forms a part hereof is for any reason held by a court of
competent jurisdiction to be invalid, such a decision shall not affect
the validity of the remaining portions of this chapter or Zoning Map.
The Governing Body of the Town of Kearny hereby declares that it would
have passed this ordinance and each section or part thereof irrespective
of the fact that any one or more sections or parts thereof be declared
invalid.
[Ord. No. 10-14-87 § 138-10.600; Ord. No. 12-12-90; Ord.
No. 1996-29 § 1]
a.
Payment of Fees. All fees required hereunder shall be paid in cash,
certified check or money order payable to the Town of Kearny.
b.
Construction Official Fees. Construction Official fees shall be paid
at the office of the Construction Official upon filing of an application
for a building permit or Certificate of Occupancy. The fee will be
based on the Uniform Construction Code fees established by the regulations
of the New Jersey Uniform Construction Code.
c.
Additional Fee. An additional fee of $25 as required in response
to inquiries relative to the issuance of a Certificate of Occupancy,
use of premises, use of structures, flood zone location or any inquiry
requiring a search and written response.
d.
Escrow Fees. Unless waived by the authority, an applicant for development shall deposit professional review fees in an escrow account with the Township of Kearny for review of an application for development and the preparation of documents related thereto. Such fees are in addition to the application filing fees in subsection 36-3.2a. There shall be no initial escrow deposit required. However, if in the course of an application, the approving authority determines that an escrow account or deposit is needed and contains insufficient funds to perform required application reviews, the Chief Financial Officer of the Town of Kearny shall provide the applicant with a notice of insufficient escrow or deposit balance. Upon such notice, the applicant shall within a reasonable time period post a deposit to the account in an amount to be agreed upon by the approving authority and the applicant.
The charging to and processing of escrow fees and any disputes
related thereto shall be handled in accordance with the Municipal
Land Use Law, N.J.S.A. 40:55D-53.2.
