[Ord. 11/9/94; § 16-1.1; Ord. No. 02-11 § 1]
For the purpose of this chapter, the Borough of East Newark
is hereby divided into districts as follows:
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R-2
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Single and Two Family Residential
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NB/C
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Neighborhood Business/Commercial
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GB/C
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General Business/Commercial
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I
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Industrial
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CR
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Commercial/Recreation
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MURD
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Mixed Use Residential District
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[Ord. 11/9/94; § 16-1.2]
The boundaries of these zoning districts are established on
a map entitled "Proposed Zoning Map of the Borough of East Newark."
[1]
Editor's Note: The Zoning Map can be found on file at the
Borough Offices.
[Ord. 11/9/94; § 16-1.3]
Zoning district boundary lines are intended to follow street
centerlines, railroad rights-of-way, streams and lot or property lines
as they exist on lots of record at the time of enactment of this chapter
unless otherwise indicated by dimensions on the zoning map. Any dimensions
shown shall be in feet and measured horizontally and, when measured
from a street, shall be measured from the street right-of-way line
even if the centerline of that street is used for the location of
a zoning district line. The exact location of any disputed zoning
district boundary line shall be determined by the Board. The zoning
standards, controls and designations shall apply to every structure,
lot and use within each district and the district lines shall extend
vertically in both directions from ground level.
[Ord. 11/9/94; § 16-1.4]
Where a zoning district boundary line divides a lot other than
by following a stream or street, any use permitted in either district
may be extended not more than 20 feet into the adjacent district.
A use permitted in the zoning district so extended shall thereafter
be a permitted use in the extended area. A zoning district line however,
shall be altered only once by utilizing this section of the chapter,
after which the lot use shall be governed by the regulations of the
zoning district in which it is located after the zoning district boundary
line adjustment. Ingress and egress across a commercial or industrial
zone for the purpose of access to a residential zone shall be permitted.
[Ord. 11/9/94; § 16-1.5]
No building shall hereafter be used, erected, altered, converted,
enlarged, added to, moved or reduced, wholly or in part, nor shall
any land be designed, used or physically altered for any purpose or
in any manner except in conformity with this chapter. Where a lot
is formed from part of a lot already occupied by a building, such
subdivision shall be affected in such a manner as not to impair any
of the requirements of this chapter with respect to the existing building
and all yard and other open space in connection therewith and so that
all resulting lots have adequate dimensions consistent with the requirements
of the zoning district in which they are located and so that all lots
have frontage on a street.
[Ord. 11/9/94; § 16-3]
The chapter is adopted pursuant to R.S. 40:55D-1, et seq., in
order to promote and protect the public health, safety, morals and
general welfare, and in furtherance of the following related and more
specific objectives:
a.
To secure safety from fire, flood, panic and other natural and man-made
disasters.
b.
To provide adequate light, air and open space.
c.
To ensure that the development of the Borough of East Newark does
not conflict with the development and general welfare of neighboring
municipalities, the County and the State as a whole.
d.
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, communities and regions, and preservation of the environment.
e.
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies.
f.
To provide sufficient space in appropriate locations for a variety
of residential, recreational, commercial and industrial uses and open
space, both public and private, according to their respective environmental
requirements.
g.
To encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging location
of such facilities and routes which result in congestion or blight.
h.
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements.
i.
To encourage coordination of the various public and private procedures
and activities shaping land development with a view of lessening the
cost of such development and fostering the more efficient use of land.
j.
To promote utilization of renewable energy sources.
k.
To promote the maximum practicable recovery and recycling of recyclable
materials from municipal solid waste through the use of planning practices
designed to incorporate the State Recycling Plan goals and to complement
municipal recycling programs.
[Ord. 11/9/94; § 16-4]
The rules, regulations and standards shall be considered the
minimum requirements for the protection of the public health, safety
and welfare of the citizens of the Borough. Any action taken by the
Borough under the terms of this chapter shall give primary consideration
to the above mentioned matters and to the welfare of the entire community.
Moreover, if an applicant or his agent can clearly demonstrate that,
because of peculiar conditions pertaining to his land, the literal
enforcement of one or more of these regulations is impractical or
will exact undue hardship, the appropriate Borough agency may permit
such exception or exceptions as may be reasonable and within the general
purpose and intent of the rules, regulations and standards established
by this chapter.
Where this chapter imposes a greater restriction than is imposed
or required by other provisions of law or by other rules or regulations
or resolutions, the provisions of this chapter shall control. Where
other laws, rules, regulations or resolutions require greater restrictions
than are imposed or required by this chapter, the provisions of such
other laws, rules, regulations or restriction shall control.
[Ord. 11/9/94; § 16-5]
All uses not expressly permitted in this chapter shall be prohibited.
[Ord. 11/9/94; § 16-6]
All applicable requirements shall be met at the time of erection
or enlargement of structures and change or expansion of use and shall
apply to the entire parcel or structure whether or not the entire
parcel or structure are involved in the change.
[Ord. 11/9/94; § 16-7]
Any word or term not defined herein shall be defined by the
Unabridged Edition of the Random House Dictionary of the English Language.
Moreover, whenever a term is used in the chapter which is defined
in N.J.S.A. 40:55D-1 et seq., it shall be utilized unless specifically
defined to the contrary in this chapter.
Shall mean a residential use located within a principal or
accessory structure on the same lot that is clearly incidental and
subordinate to the principal use of the structure it is located in.
Shall mean the Administrative Officer who is appointed by
the Borough Council.
Shall mean conditions or situations creating, imposing, aggravating
or leading to impractical, unsafe, or unsatisfactory conditions on
a subject property, or off-tract property such as, but not limited
to: improper circulation and drainage, rights-of-way as defined in
N.J.S.A. 40:55D-34, inadequate drainage facilities, insufficient street
widths, unsuitable street grades, unsuitable street locations to accommodate
prospective traffic or coordinate and compose a convenient system,
inappropriate design features which are not compatible with the surrounding
environment, locating and/or designing lots and structures in a manner
not adaptable for the intended purposes without danger to health or
peril from flood, fire, erosion or other menace, providing for lots
of insufficient size and neither providing nor making future allowance
for access to the interior portion of the lot or for other facilities
required by this chapter.
Shall mean any change in or addition to the supporting members
of a building such as walls, columns, beams, girders, posts or piers.
Means an organization issued a permit pursuant to the "Jake
Honig Compassionate Use Medical Cannabis Act," P.L. 2009, c. 307 (N.J.S.A.
24:6I-1 et al.) to operate as a medical cannabis cultivator, medical
cannabis manufacturer, medical cannabis dispensary, or clinical registrant,
as well as any alternative treatment center deemed pursuant to Section
7 of that act (N.J.S.A. 24:6I-7) to concurrently hold a medical cannabis
cultivator permit, a medical cannabis manufacturer permit, and a medical
cannabis dispensary permit.
[Added 7-14-2021 by Ord.
No. 08-2021]
Shall mean the landowner or the agent, optionee, contract
purchaser or other person authorized to act for and acting for the
landowner submitting an application under this chapter.
Shall mean the application or appeal forms and all accompanying
documents required by this chapter for approval of a subdivision plat,
site plan, planned development, conditional use, zoning variance or
direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34
or N.J.S.A. 40:55D-36.
Shall mean a strip of land containing natural woodlands,
earth mounds or other planted screening materials and separating one
kind of land use from another or separating a planned development
from any other development.
Shall mean any structure or extension thereof or addition
thereto having a roof supported by such things as columns, posts,
piers or walls and intended for the shelter, business, housing or
enclosing of persons, animals or property. "Building" shall include
the words "structure," "dwelling" or "residence."
Shall mean the square footage or other area measurement by
which all buildings occupy a lot as measured on a horizontal plane
around the periphery of the facades and including the area under the
roof of any structure supported by columns, but not having walls,
as measured around the outside of the outer most extremities of the
roof above the columns.
Shall mean the vertical distance measured from the average
ground level at the front of the building to the extreme high point
of the building exclusive of chimneys and similar fixtures.
Means, as further described in Section 28 of P.L. 2019, c.
153 (N.J.S.A. 24:6I-21), a designated location operated by a licensed
cannabis retailer or permit holder for dispensing medical cannabis,
for which both a state and local endorsement has been obtained, that
is either: (1) an indoor, structurally enclosed area of the cannabis
retailer or permit holder that is separate from the area in which
retail sales of cannabis items or the dispensing of medical cannabis
occurs; or (2) an exterior structure on the same premises as the cannabis
retailer or permit holder, either separate from or connected to the
cannabis retailer or permit holder, at which cannabis items or medical
cannabis either obtained from the retailer or permit holder, or brought
by a person to the consumption area, may be consumed.
[Added 7-14-2021 by Ord.
No. 08-2021]
Means any licensed person or entity that grows, cultivates,
or produces cannabis in this state, and sells, and may transport,
this cannabis to other cannabis cultivators, or usable cannabis to
cannabis manufacturers, cannabis wholesalers, or cannabis retailers,
but not to consumers. This person or entity shall hold a Class 1 Cannabis
Cultivator license.
[Added 7-14-2021 by Ord.
No. 08-2021]
Means any licensed person or entity that provides courier
services for consumer purchases of cannabis items and related supplies
fulfilled by a cannabis retailer in order to make deliveries of the
cannabis items and related supplies to that consumer, and which services
include the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer. This person or entity shall hold a Class 6 Cannabis
Delivery license.
[Added 7-14-2021 by Ord.
No. 08-2021]
Means any licensed person or entity that transports cannabis
in bulk intrastate from one licensed cannabis cultivator to another
licensed cannabis cultivator, or transports cannabis items in bulk
intrastate from any one class of licensed cannabis establishment to
another class of licensed cannabis establishment, and may engage in
the temporary storage of cannabis or cannabis items as necessary to
carry out transportation activities. This person or entity shall hold
a Class 4 Cannabis Distributor license.
[Added 7-14-2021 by Ord.
No. 08-2021]
Means any licensed person or entity that processes cannabis
items in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 2 Cannabis Manufacturer license.
[Added 7-14-2021 by Ord.
No. 08-2021]
Means a cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, a cannabis distributor, a cannabis retailer, or a cannabis
delivery service.
[Added 7-14-2021 by Ord.
No. 08-2021]
Means any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer. This
person or entity shall hold a Class 5 Cannabis Retailer license.
[Added 7-14-2021 by Ord.
No. 08-2021]
Means any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers. This person or entity shall hold a Class 3 Cannabis Wholesaler
license.
[Added 7-14-2021 by Ord.
No. 08-2021]
Shall mean the hard or paved surface portion of a street
customarily used by vehicles in the regular course of travel. Where
there are curbs, the cartway is that portion between the edges of
the paved or graded width.
Shall mean an application for development shall be complete
for purposes of commencing the applicable time period for action by
a municipal agency when so certified by the municipal agency or its
authorized committee or designee. In the event that the agency, committee
or designee does not certify the application to be complete within
45 days of its submission, the application shall be deemed complete
upon the expiration of the forty-five-day period for purposes of commencing
the applicable time period unless:
The application lacks information indicated on the checklist
adopted by this chapter and provided to the applicant; and
The municipal agency or its authorized committee or designee
has notified the applicant in writing of the deficiencies in the application
within 45 days of submission of the application.
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The applicant must request that one or more of the submission
requirements be waived, in which event the agency or its authorized
committee shall grant or deny the request within 45 days. Nothing
herein shall be construed as diminishing the applicants obligation
to prove in the application process that he is entitled to approval
of the application. The municipal agency may subsequently require
correction of any information found to be in error and submission
of additional information not specified in this chapter or any revisions
in the accompanying documents, as are reasonably necessary to make
an informed decision as to whether the requirements necessary for
approval of the application for development have been met. The application
shall not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the
Borough.
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Shall mean a use permitted in a particular zoning district
only upon a showing that such use in a specified location will comply
with the conditions and standards for the location or operation of
such use and upon the issuance of an authorization therefor by the
Planning Board.
Shall mean the razing of any improvement, or the obliteration
of any natural feature of a designated landmark.
Shall mean the permitted number of dwelling units per gross
area of land to be developed.
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,
and any use or change in use of any building or other structure or
land or extension of use of land, for which permission may be required.
Shall mean the lands required for the installation and maintenance
of stormwater and sanitary sewers, water pipes or drainage ditches
and other utilities, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
Shall mean a room or series of connected rooms designed for
permanent residency containing living, cooking, sleeping and sanitary
facilities for one housekeeping unit. The dwelling unit shall be self-contained
and shall not require passing through another dwelling unit or other
indirect route to get to any portion of the dwelling unit, nor shall
there be shared facilities with another housekeeping unit:
DETACHED SINGLE-FAMILYShall mean a building physically detached from other buildings or portions of building which is occupied or intended to be occupied for residence purposes by one housekeeping unit and which has its own sleeping, sanitary and general living facilities. A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.
MULTIFAMILYShall mean units that share common vertical and horizontal separations.
TWO-FAMILYShall mean a building containing two dwelling units only, each having separate entrances, intended for residential occupancy by two housekeeping units, each living independently of each other and each with its own sleeping, cooking and sanitary facilities. The dwelling units shall be entirely separated from one another by vertical walls or horizontal floors, unpierced except for access to outside or to a common basement.
Shall mean a use or burden imposed on real estate by deed
or other legal means to control the use of land by the public, a corporation,
or particular persons for specific uses.
Shall mean the relatively flat area adjoining a water channel
which has been or may be covered by flood water of the channel, including
the following components:
FLOODWAYShall mean the river or other watercourse and the adjacent land area that must be reserved in order to discharge the design flood without cumulatively increasing the water surface elevation more than one foot.
FLOOD HAZARD AREAShall mean land in the floodplain subject to a 0.2% or greater chance of flood in any given year.
FLOOD FRINGE AREAShall mean the portion of the flood hazard area outside of the floodway.
Shall mean the gross floor area of all buildings on a lot
divided by the lot area.
Shall mean the area measured by using the outside dimension
of the building, excluding the area of a garage, attic, open porch
or patio. Only those floor areas which have a ceiling height as prescribed
by the Borough building code for residential uses and those floor
areas either having a ceiling height of eight feet or more or used
for storage space in nonresidential uses shall be included in the
gross floor area.
Shall mean a building which contains furnished living units
for its occupants which has entrances from inside the building and
in which no living unit contains more than two rooms, exclusive of
bathroom, foyer, closet or dressing area, terraces or balconies and
providing, among other things, such services and features such as,
central dining rooms, lounges, public assembly areas.
Shall mean one or more persons living together in one dwelling
unit on a nonseasonal basis and sharing living, sleeping, cooking
and sanitary facilities on a nonprofit basis.
Shall mean any ground cover which reduces the rate of absorption
of stormwater into undeveloped land. Retention and detention basins
and drywells allowing water to percolate directly into the ground
shall not be considered as impervious surfaces.
Shall mean any ground, soil or earth, including marshes,
swamps, drainageways and areas not permanently covered by water, within
the municipality. Such term shall also include improvements and fixtures
on, above or below the surface.
Shall mean any activity involving the clearing, grading,
transporting of land and any other activity which causes land to be
exposed to danger of erosion.
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.
Shall mean any lot which occupies the interior angle of the
intersection of two street lines which make an angle of less than
135° with each other, the owner, of a corner lot having the privilege
of specifying which street line and being required, when requesting
a building permit, to so specify.
Shall mean the shortest horizontal distance between the front
lot lien and a line drawn parallel to the front lot line through the
midpoint of the rear lot line.
Shall mean the distance between the property side lines,
measured at the setback line as herein or otherwise established.
Shall mean the Planning Board, Board of Adjustment, or Borough
Council, or any agency created by or responsible to one or more municipalities,
when acting pursuant to N.J.S.A. 40:55D-1 et seq.
Shall mean a use or activity which was lawful prior to the
adoption, revision or amendment of a 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 located outside the lot lines of the lot in question
but within the property, of which the lot is a part, which is the
subject of a development application if contiguous portion of a street
or right-of-way.
Shall mean not located on the property which is the subject
if a development application or on a contiguous portion of a street
or right-of-way.
Shall mean located on the lot in question.
Shall mean located on the property which is the subject of
a development or on a contiguous portion of a street or right-of-way.
Shall mean any person in legal possession of the fee simple
title to a parcel of land or having such other interest or estate
therein as will permit exercise of effective rights of ownership,
possession thereof or dominion thereover.
Shall mean any security in accordance with the requirements
of this chapter which may be accepted in lieu of a requirement that
certain improvements be made including performance bonds, escrow agreements,
and other similar collateral or surety agreements.
Shall mean any use of land or buildings as permitted by this
chapter.
Shall mean the map of a subdivision or site plan and used
interchangeably in this chapter with "plan."
SKETCH PLATShall mean the sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of this chapter.
PRELIMINARY PLATShall mean the preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Planning Board for Planning Board consideration and preliminary approval and meeting the requirements of this chapter.
FINAL PLATShall mean the final map of all or a portion of the subdivision or site plan which is presented to the Planning Board for final approval in accordance with these requirements.
Shall mean the building in which is conducted the principal
use of the lot on which it is located. Lots with multiple principal
uses may have multiple principal buildings, but storage buildings,
garages, and other clearly accessory uses shall not be considered
principal buildings.
Shall mean a garage conducted as a business. The rental of
storage space for one commercial vehicle or for more than two pleasure
vehicles not owned by a person or persons residing on the premises
shall be deemed a business use.
Shall mean the distance from the property line to the nearest
part of the applicable building, structure, or sign, measured perpendicularly
to the property line.
Shall mean any plot or parcel of land or combination of contiguous
lots or parcels of land. A site can be vacant or developed.
Shall mean any earth, sand, clay, loam, gravel, humus, rock
or dirt, and includes both surface (or top) soil and subsoil.
Shall mean that portion of a building included between the
surface of any aboveground floor and the surface of the floor next
above. A "half story" is the area under a pitched roof at the top
of a building, the floor of which is not more than two feet below
the plate.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive, or other way which is an existing State, County, or
municipal roadway, is shown upon a plat heretofore approved pursuant
to law, is approved by N.J.S.A. 40:55D-1 et seq., or is shown on a
plat duly filed and recorded in the office of the County Recording
Officer prior to the appointment of a Planning Board and the grant
to such Board of the power to review plats. Streets shall include
the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, sidewalks, parking
areas and other areas within the street line.
Shall mean the edge of the existing or future street right-of-way,
whichever would result in the widest right-of-way, as shown on the
adopted Master Plan or Official Map, forming the dividing line between
the street and a lot.
Shall mean a combination of materials to form a construction
for occupancy, use or ornamentation whether installed on, above, or
below the surface of a parcel of land.
Shall mean the division of a lot, tract, or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
within the meaning of this chapter if no new streets are created:
Divisions of land found by the Planning Board or Subdivision
Committee thereof appointed by the Chairman to be for agricultural
purposes where all resulting parcels are five acres or larger in size;
Divisions of property by testamentary or intestate provisions;
Divisions of property upon court order including, but not limited
to judgments of foreclosure;
Consolidation of existing lots by deed or other recorded instruments;
and
The conveyance of one or more adjoining lots, tracts or parcels
of land owned by the same person or persons and all of which are found
and certified by the Administrative Officer to conform to the requirements
of the municipal development regulation and are shown and designated
as separate lots, tracts or parcels on the tax map or atlas of the
municipality. The term "subdivision" shall also include the term "re-subdivision."
Shall mean any division of land not classified as a minor
subdivision.
Shall mean any division of land containing an aggregate of not more than three lots (two lots and the remaining parcel), each fronting on an existing street or streets; not involving a planned development or any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42 and Section 33-8 of this chapter or the extension of Township facilities; and not in conflict with any provision of the Master Plan, Official Map, or this chapter, not being a further division of an original tract of land for which previous minor subdivision(s) have been approved by a municipal agency within the past five years and where the combination of the proposed and approved minor subdivision(s) constitutes a major subdivision; and not being deficient in those details and specifications required of minor subdivisions as specified in this chapter. The original tract of land shall be considered any tract in existence at the time of the adoption of the ordinance of which this is a revision as shown on the Borough tax maps. Any readjustment of lot lines resulting in no new lots shall be classified as a minor subdivision.
Shall mean an open space extending across the full width
of the lot and lying between the street line and the closest point
of any building on the lot. The depth of the front yard shall be measured
horizontally and at right angles to either a straight street line
or the tangent lines of curved street lines. The minimum required
front yard shall be the same as the required setback.
Shall mean an open space extending across the full width
of the lot and lying between the rear lot line and the closest point
of the principal building on the lot. The depth of the rear yard shall
be measured horizontally and at right angles to either a straight
rear lot line or the tangent of curved rear lot lines. The minimum
required rear yard shall be the same as the required setback.
Shall mean an open space extending from the front yard to
the rear yard and lying between each side lot line and the closest
point of the principal building on the lot. The width of the required
side yard shall be measured horizontally and at right angles to either
a straight side line or the tangent lines of curved side lot lines.
[Ord. 11/9/94; Ord. No. 17-07 § 1]
The Planning Board of the Borough of East Newark shall act in
lieu of the Board of Adjustment pursuant to N.J.S.A. 40:55D-25(c).
[Ord. 11/9/94; § 16-9;
New]
a.
Public notice of a hearing shall be given for the following applications
for variance:
1.
Any request for a variance.
2.
Any request for conditional use approval.
3.
Any request for the issuance of a permit to build within the bed
of a mapped street or public drainageway or on a lot not abutting
a street. (See N.J.S.A. 40:55D-3 and N.J.S.A. 40:55D-60b.)
4.
Any request for minor subdivision approval involving one or more
of the aforesaid elements.
[Ord. 11/9/94; § 16-9.1; Ord. No. 17-07 § 1]
The Secretary of the Board shall notify the applicant at least
two weeks prior to the public hearing at which the application will
be discussed. Notice of a hearing requiring public notice shall be
given by the applicant at least 10 days prior to the date of the hearing
in the following manner:
a.
By publication in the official newspaper of the Borough, if there
be one, or in a newspaper of general circulation in the Borough. A
copy of the notice, as printed in the newspaper, shall be submitted
to the Administrative Officer.
b.
To all owners of real property as shown on the current tax duplicate
located in the State and within 200 feet in all directions of the
property which is the subject of the hearing; provided that this requirement
shall be deemed satisfied by notice to the (1) condominium association,
in the case of any unit owner whose unit has a unit above and below
it, or (2) horizontal property regime, in the case of any co-owner
whose apartment has an apartment above or below it. Notice shall be
given by serving a copy thereof on the property owner, as shown on
the current tax duplicate, or his agent in charge of the property,
or by mailing a copy thereof by certified mail to the property owner
at his address as shown on the current tax duplicate. It is not required
that a return receipt be obtained. Notice is deemed complete upon
mailing (N.J.S.A. 40:55D-14).
c.
Notice to a partnership owner may be made by service upon any partner;
notice to a corporate owner may be made by service upon its President,
a Vice President, Secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation. Notice to
a condominium association, horizontal property regime, community trust
or homeowners' association, because of its ownership of common elements
or areas located within 200 feet of the property which is the subject
of the hearing, may be made in the same manner as to a corporation
without further notice to unit owners, co-owners, or homeowners on
account of such common elements or areas.
d.
To the Municipal Clerk of any adjoining municipality or municipalities
when the property involved is located within 200 feet of the adjoining
municipality or municipalities; such notice shall be given by personal
service or certified mail.
e.
To the Hudson County Planning Board when the application for development
involves property adjacent to an existing County road or proposed
road shown on the Hudson County Official Map or the Hudson County
Master Plan or adjoins County land.
f.
The Commissioner of Transportation of the State of New Jersey when
the property abuts a State highway.
g.
To the Director of the Division of State Regional Planning in the
Department of Community Affairs when the hearing involves an application
for development of property which exceeds 1,250 acres or 500 dwelling
units, in which case the notice shall include a copy of any maps or
documents required to be on file with the Borough Clerk.
h.
The applicant shall file an affidavit or proof of service with the
Planning Board or Board of Adjustment, as the case may be.
i.
The notice shall state the date, time, and place of the hearing and
the nature of the matters to be considered, and an identification
of the property proposed for development by street address, if any,
or by reference to the block and lot numbers as shown on the current
tax duplicate in the Tax Assessor's office, and the location and times
at which any maps or documents for which approval is sought are available
for inspection.
j.
Public utilities, cable companies and local utilities who possess
a right-of-way in the municipality and have registered with the Borough
in accordance with N.J.S.A. 40:55D-12.1.
[Ord. 11/9/94; § 16-9.2]
Upon the written request of an applicant, the Tax Assessor shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners within the Borough to whom the applicant is required to give notice. The applicant shall be charged a sum not to exceed $0.25 per name or $10, whichever is greater, for said list, and to give notices to any owner not on the list shall not invalidate any hearing or proceeding. Additionally, the applicant shall be responsible for giving proper notice to all property owners pursuant to paragraph b of subsection 33-9.2 who do not reside in the Borough.
[1]
Editor's Note: Ordinance No. 17-07 deleted "Appeals of Use
Variance Approvals" previously codified in this section.
[Ord. 11/9/94; § 16-11]
Each decision on any application for development shall be reduced
to writing as provided in the following subsections and shall include
findings of facts and conclusions based thereon:
a.
Failure of a motion to approve an application for development to
receive the number of votes required for approval shall be deemed
an action denying the application.
b.
The municipal agency may provide such written decision and findings
and conclusions either on the date of the meeting at which the municipal
agency takes action to grant or deny approval, or, if the meeting
at which such action is taken occurs within the final 45 days of the
applicable time period for rendering a decision on the application
for development, within 45 days of such meeting by the adoption of
a resolution of memorialization setting forth the decision and the
findings and conclusions of the municipal agency thereon. An action
resulting from the failure of a motion to approve an application shall
be memorialized by resolution as provided above, notwithstanding the
time at which such action occurs within the applicable time period
for rendering a decision on the application.
c.
The adoption of a resolution of memorialization pursuant to this
subsection shall not be construed to alter the applicable time period
for rendering a decision on the application for development. Such
resolution shall be adopted by a vote of the majority of the members
of the municipal agency who voted for the action previously taken
and no other member shall vote thereon. The vote on such resolution
shall be deemed to be a memorialization of such an action of the municipal
agency and not to be an action of the municipal agency; except that
failure to adopt such a resolution within the forty-five-day period
shall result in the approval of the application for development, notwithstanding
any prior action taken thereon.
d.
Whenever a resolution of memorialization is adopted in accordance
with this subsection, the date of such adoption shall constitute the
date of the decision for purposes on the mailings, filings and publications.
[Ord. 11/9/94; § 16-11.1]
Any decision of the Board when acting upon an application for
development and any decisions of the Borough Council when acting upon
an appeal shall be given notice in the following manner:
a.
A copy of the decision shall be mailed to the applicant or appellant
or, if represented to his Attorney without charge, and for a reasonable
charge to any interested party who has requested it, not later than
10 days after the date of the decision.
b.
A brief notice of the decision shall be published in the official
newspaper of the Borough if there be one or in a newspaper of general
circulation in the Borough. Such publication shall be arranged by
and paid for by the applicant and shall be published within four weeks
from the date of the decision.
c.
A copy of the decision and all submitted documents of record shall
be filed with the Borough Clerk.
[Ord. 11/9/94; § 16-12.1]
General Business/Commercial Districts are primarily for the
conduct of retail trade and general business. In a General/Business
Commercial District no lot, plot, parcel or tract of land shall be
used and no building, other structure or device shall be built, altered,
erected or placed to be used for any purpose other than that of:
[Added 7-14-2021 by Ord.
No. 08-2021]
Within the BG/C General Business/Commercial Districts, the following
conditional uses are permitted, subject to the conditions specified.
a.
Class 5 Licensed Cannabis Retailer for medical or personal use under
N.J.S.A. 24:6I-31 in accordance with § 33-12A.
[Ord. 11/9/94]
Neighborhood Business/Commercial Districts are primarily for
the development of a small convenience shopping and support area for
the adjacent residential neighborhoods which can be integrated harmoniously
into the adjacent residential areas. In any Neighborhood Business/Commercial
District, no lot, parcel or tract of land shall be used and no building
or other structure shall be built, altered or erected to be used for
any purpose other than that of:
a.
Small neighborhood food or drug store, restaurant, delicatessen,
dairy or ice cream store.
b.
Gift shop.
c.
Liquor store/neighborhood tavern.
d.
Barber or beauty salon.
e.
Stationery store.
f.
Florist.
g.
Bakery.
h.
Laundromat or dry-cleaning establishment.
i.
Shoe store.
j.
Clothing store.
k.
Bank.
l.
Hardware store.
m.
Real estate, insurance or travel agency.
n.
Residential apartments above first floor business not to exceed three
apartment units.
[Added 7-14-2021 by Ord.
No. 08-2021]
Within the NB/C Neighborhood Business/Commercial Districts,
the following conditional uses are permitted, subject to the conditions
specified.
a.
Class 5 Licensed Cannabis Retailer for medical or personal use under
N.J.S.A. 24:6I-31 in accordance with § 33-12A.
[Ord. 11/9/94 § 16-12.3; Ord. No. 17-07 § 1]
a.
Permitted Structures and Uses. Industrial Districts are for the use
and conduct of commerce and industry. The following uses and structures
are permitted in Industrial Districts:
1.
All buildings, structures and uses permitted in Business Districts.
2.
Lumber- and coal yards.
3.
Building material storage yards and commercial storage warehouses.
4.
Repair and machine shops and woodworking shops without limit as to
size.
5.
Cleaning and dyeing works of any size when constructed and operated
under fire safety conditions approved by the Municipal Council.
6.
All other structures and uses except those prohibited by 33-12.4.
7.
Cogeneration facility, as herein defined, as part of any new building
or structure or located within an existing structure, subject to the
following provisions:
8.
Telecommunications towers as per Ordinance 01-03 (Ch. XXV).
[Added 7-14-2021 by Ord.
No. 08-2021]
a.
Within the Industrial Districts, the following conditional uses are
permitted, subject to the conditions specified in § 33-12A.
1.
Class 1 License - Cannabis Cultivator for medical or personal use
under N.J.S.A. 24:6I-31 in accordance with § 33-12A.
2.
Class 2 License - Cannabis Manufacturer for medical or personal use
under N.J.S.A. 24:6I-31 in accordance with § 33-12A.
3.
Class 3 License - Cannabis Wholesaler for medical or personal use
under N.J.S.A. 24:6I-31 in accordance with § 33-12A.
4.
Class 4 License - Cannabis Distributor for medical or personal use
under N.J.S.A. 24:6I-31 in accordance with § 33-12A.
[Ord. 11/9/94; § 16-12.4]
Specifically prohibited in Industrial Districts are:
a.
Any process of assembly, manufacture or treatment constituting an
unusual nuisance by reason of odor, smoke or noise when placed in
proximity to residential or business areas, including but not limited
to the manufacture or refining of asphalt; the manufacture or processing
of cork, fertilizer, linoleum or oilcloth, soap and glue or gelatin;
the tanning of hides and skins; the rendering of tallow or other fats;
slaughterhouses, except for poultry; the manufacture of paint, oil
and varnish; boiler works or drop forges; and the production of power
in excess of 25 rated horsepower by the use of bituminous coal except
with the use of smoke- and fly-ash-elimination appliances.
b.
Any process of assembly, manufacture or treatment constituting an
unusual hazard of fire, explosion or chemical fumes and gases, including
but not limited to the manufacture or bulk storage of fireworks or
other explosives; the manufacture or bulk storage of ammonia and chlorine;
and the manufacture of illuminating gas or other explosive or poisonous
gases except as may be incidental and essential to a manufacturing
process permitted under this chapter.
c.
Junkyards or automobile wrecking yards, or yards used for the storage
of discarded automobiles, and yards used for the handling or storage
of scrap paper, rags and bottles.
d.
General farming operations.
e.
The erection of a building or the structural alteration of a building
for dwelling purposes, except that dwelling quarters in connection
with any industrial establishment may be established in Industrial
Districts for watchmen and caretakers and their families employed
upon the premises.
f.
The processing of garbage or other refuse matter by the use of an
incinerator or other means designed to dispose of animals, or vegetable
matter, trash, ashes or other refuse matter, either as a principal
or accessory use, and including the use of land within the Industrial
Districts of the Borough for the dumping of garbage for the purpose
of using the same as landfill in connection with a sanitary landfill
plan.
g.
Gasoline service stations.
[Ord. 11/9/94; § 16-12.5]
The R-2 Districts are for residential units and associated uses.
In a R-2 District no lot, plot, parcel or tract of land shall be used
and no building, other structure or device shall be built, altered,
erected or placed to be used for any purpose other than that of:
[Ord. 11/9/94; § 16-12.6]
Within the R-2 District the following conditional uses are permitted
subject to the special requirements as specified.
a.
Private schools provided the school is housed within its own building
and is not shared with any other uses other than normal activities
associated with the conduct of the school.
1.
Minimum lot area 10,000 square feet.
2.
Minimum building setbacks as follows:
Front yard 10 feet, rear yard 50 feet, side yards 10 feet each.
3.
Building height two stories or 30 feet, whichever is less.
4.
Sufficient lot area shall be devoted to outdoor playground activities
as may be required by State law.
[Ord. 11/9/94; § 16-12.7]
Commercial Recreation Districts are exclusively for the development
of outdoor recreation facilities providing for open air activities
for the enjoyment of its patrons while providing adequate open space
for passive recreation activities so as to create a low intensity
use harmonious with the surrounding residential neighborhood.
In any Commercial Recreation District, no lot, parcel or tract
of land shall be used and no building or other structure shall be
built, altered or erected to be used for any purpose other than those
listed below and subject to not more than 80% of the tract being utilized
for any one or combination of the permitted uses listed below.
[Ord. 11/9/94; § 16-12.8]
There shall be provided within the Commercial Recreation District a minimum of 20% of the total tract area maintained as grassed open space exclusive of those areas of required setbacks as per Section 33-15, Bulk Requirements. Within this required open space picnic areas with tables and grills, horse shoe pits, boccie ball courts and children's playground equipment are permitted ancillary uses.
[Ord. No. 02-11 § 2]
This District shall include Lots 1, 2, 3, 45.03, 46.01, 47,
48 in Block 14.
a.
Permitted Uses in MURD. Permitted uses are predominantly residential,
with a combination of commercial use(s) independent of the primary
residential use and/or accessory uses and accessory parking on the
ground floor level and residential uses on the upper floors.
b.
Building Height. The maximum height shall be four stories and the
minimum floor to ceiling height shall be nine feet on all floors.
Terraces and balconies may be provided on the interior courtyard spaces,
but not on any of the frontages on the three public streets abutting
this district. An interior courtyard on the second level, accessible
to all is encouraged.
c.
Parking Requirements. Parking shall be provided at a ratio of 1.5
spaces to each dwelling unit. No parking is required for any independent
commercial uses. Overall required parking may be reduced by 5% for
each car provided on premises (or on-street in a Borough designated
reserved parking space) by any private sector car-sharing program,
such as Zip-Car, up to a maximum of 20% reduction in the required
parking.
All off-street parking areas shall be secured with remote controlled
entrance gates and/or doors. Because of this requirement, all such
entrances may be a minimum of 10 feet, any other provision to the
contrary notwithstanding. The parking area under the building shall
be fully enclosed, be heated and be mechanically ventilated or, if
naturally ventilated, provided with a heated plenum under all residential
floors above. Any parking spaces under the main building but only
accessible from an exterior entry point, shall provide either a heated
plenum under any residential floors above or fully insulated voids
beneath the residential floors and secured roll-up remote controlled
access doors to each such parking space.
d.
Building Material and Design Elements. Materials and design elements
shall employ the character of the important historic buildings in
the Borough including the Clarke Thread Mill and the East Newark Elementary
School, while keeping the overall design obvious as one built during
the 21st Century. This means elements such as red brick and Victorian
cornices will be incorporated with modern materials and facade design
elements.
e.
Streetscape and Landscape. Streetscape elements shall be provided
that use the Central Avenue concept as appropriate for this section
of the Borough. Brick pavers shall be incorporated into the streetscape
as well as streetlights and street trees. Only street trees that are
low pollen producers shall be allowed, to be certified by a landscape
architect on the landscape plan required for Planning Board site plan
review.
[Added 7-14-2021 by Ord.
No. 08-2021]
Wherever conditionally permitted, cannabis uses as defined herein
shall be permitted, subject to the following:
a.
Licensing.
1.
All licensing shall be in accordance with state licensing rules.
Vertically integrated licenses shall be in accordance with N.J.S.A.
24:6I-31.
2.
The maximum number of cannabis-oriented businesses shall not exceed
two for each "Class" type as defined by P.L. 2021, c. 16 that are
permitted within the Borough (cultivation, manufacturing, wholesaling,
distribution, and retail). Cannabis-oriented businesses include both
medical use and personal use. A cannabis business engaging in medical
and personal cannabis shall count as one towards the maximum number
of each "Class" type.
b.
On-site consumption of cannabis or cannabis-derived products including
smoking, ingesting edibles, or applying topical applications, or any
other means of ingestion shall be prohibited. Cannabis retail establishments
are not permitted to have lounge areas as part of their establishment.
c.
Signage.
2.
All signage shall be limited to the name of the business. Illustrations,
pictures, and other imagery is prohibited.
3.
Moving, rotating, animated, blinking, flashing, or internally illuminated
signs are prohibited.
4.
All signs shall be constructed of durable materials maintained in
good condition and not be allowed to become dilapidated.
5.
Signs shall not be internally illuminated. Signs shall be permitted
to be illuminated externally with goose-neck, up-lighting, or similar
fixture types. Any external lighting shall be focused on the sign.
6.
Projecting signs shall be prohibited.
7.
Window signs and window advertisements shall be prohibited.
8.
Retail and establishments shall be limited to one facade sign not
to exceed 10% of the storefront area. In no case shall the facade
sign exceed 25 square feet.
9.
Cultivation, manufacturing, wholesale, and distribution facilities
located in the I - Industrial Zones may have one facade sign not to
exceed 10% of the primary facade area. In no case shall the facade
sign exceed 35 square feet. One freestanding sign in addition to the
permitted facade sign shall be permitted.
10.
Freestanding signs shall be subject to the same content restrictions
as facade signs. Freestanding signs are permitted at driveway entrances
and signs shall not exceed 25 square feet and five feet in height,
and shall be set back a minimum of five feet from any property line.
d.
Transparency and product visibility.
1.
Cannabis plants, products, accessories, and paraphernalia contained
within a cannabis retail business are not permitted to be displayed
in the windows of the retail establishment. Windows of the establishment
are not permitted to be obstructed in a manner that would prevent
the East Newark Police Department from being able to see into the
establishment for security reasons.
2.
An identifiable primary entrance to the facility shall be located
on the primary front facade and visible from the public right-of-way.
3.
All fenestrations must be transparent for retail establishments.
No window shall be coated in any type of protective film, laminate
or glazing which advertises or promotes the business or its products
and prevents the East Newark Police Department from being able to
look into the establishments for security reasons. Tinting is permitted
to mitigate sunlight only.
e.
Locations.
1.
No cannabis retail business shall be located within 250 feet of a
school of any kind or a licensed day care or child-care facility,
as measured from the property line.
2.
No cannabis retail business shall be located within 250 feet of playground,
park, as measured from the property line.
3.
No cannabis cultivation, manufacturing, wholesale, or distribution
facility may be adjacent to or share a property line with a residential
use or zone.
f.
Hours of operation. Retail operations shall be limited to 9:00 a.m.
to 9:00 p.m. on Monday through Saturday and 11:00 a.m. to 8:00 p.m.
on Sunday, with the exception of on-site security.
g.
Odor mitigation.
1.
All cannabis facilities shall be enclosed in heated/air-conditioned
buildings.
2.
All cannabis facilities shall have an air treatment system to mitigate
cannabis-related odor. The air treatment system shall have sufficient
odor absorbing carbon filters or similar, and ventilation and exhaust
systems to eliminate cannabis odors coming from the interior of the
premises, such that any odor generated inside the facility is not
detectable by a person of reasonable sensitivity at the property line.
The ventilation system and its maintenance, including the schedule
indicating how frequently filters will be replaced, must be approved
by the Borough of East Newark Health Department.
h.
Security.
1.
All proposed cannabis-oriented businesses shall be required to submit
a security plan as part of a permit application and a site plan application.
Details shall be provided for all safes, security systems, and hours
of proposed on-site security. The security plan shall be submitted
to the East Newark Police Department for review and approval.
2.
All cannabis-oriented businesses shall be required to utilize a video
recording system for all areas within the buildings and outside all
entrances and exits. Video recording systems shall operate 24 hours,
seven days a week. The security footage shall be stored for a minimum
of 30 days.
i.
Additional application requirements.
1.
All cannabis-oriented businesses shall be subject to site plan review
by the Planning Board.
2.
All cannabis-oriented businesses shall provide the following information,
as part of the site plan application:
(a)
All cannabis businesses shall provide a copy of any license
application or license to the state or Borough, including any agreements
or conditions of approval.
(b)
All cannabis businesses shall provide a resolution adopted by
the Borough Council in support of the application. Failure of the
cannabis business to obtain a resolution of support from the Borough
Council will invalidate any approvals made by the Planning Board.
Cannabis-oriented businesses may be required to enter into a community
host agreement, by and between the cannabis-oriented business and
the Borough.
(c)
On-site security measures both physical and operational.
(d)
Odor mitigation/management plan detailing all proposed ventilation
and filtration/treatment systems.
(e)
Employee safety and training plan.
(f)
A statement on neighborhood compatibility and a plan for addressing
potential compatibility issues.
(g)
Waste management plan.
(h)
Cannabis cultivators and manufacturers shall provide a storage
and hazard response plan for all pesticides, fertilizers, solvents,
and any other hazardous materials kept on the cultivator or manufacturer's
site. Plans shall include a list of all pesticides, fertilizers, solvents,
and any other hazardous materials that are expected to be used in
the cultivation or manufacturing process.
(i)
Vicinity map showing at least 1,000 feet of surrounding area
and the distances to the following uses: any school, park, playground,
recreation or youth center, and residential zones or uses. Distance
shall be measured from the nearest point of the property line of the
site that contains the cannabis business to the nearest point of the
property line of the enumerated use using a direct straight-line measurement.
[Ord. 11/9/94; § 16-13]
Parking shall be provided at the ratio as required per Section 33-15. Each parking space shall consist of a nine-foot width and a length not less than 18 feet.
[Ord. 11/9/94; § 16-13]
a.
A nonconforming activity, use, structure or lot may not:
1.
Be enlarged or extended.
2.
Be changed to another use, activity, structure or lot size that is
nonconforming.
3.
Revert to nonconformity after having once been made conforming.
4.
Be reinstated if the activity or use is discontinued for a period
of 12 consecutive months, regardless of the intent to abandon.
5.
Be restored in case of destruction, provided that this restriction
shall not be construed to prohibit restoration or repair of a nonconforming
structure in the event of partial destruction.
b.
Notwithstanding the foregoing provisions of paragraph a, a nonconforming
activity use or structure within the Business District consisting
of retail merchandising or services dealing directly with the consumer,
except the operation of junkyards and used car lots, may be enlarged
or extended or may be reinstated if it is discontinued for a period
in excess of 12 consecutive months, unless it has been changed to
a conforming use during such period, or may be restored in case of
destruction regardless of the magnitude of the destruction, provided
that such enlargement, extension or restoration complies with all
other applicable provisions of this chapter.
[Ord. 11/9/94; § 16-14.1]
a.
In interpreting and applying provisions of this chapter, they shall
be held to be the minimum requirements for the promotion of health,
public safety, convenience, prosperity and general welfare.
b.
The provisions of this chapter shall be enforced by the Construction
Official. The Construction Official shall be a member of the Department.
The Construction Official shall keep a record of all applications
for permits and a record of all permits issued, with a notation of
all special conditions involved. He shall file and safely keep copies
of all plans submitted, which shall form a part of the records of
his office and shall be available for the use of the Municipal Council
and other Borough officials.
[Ord. 11/9/94; § 16-14.2]
a.
A zoning permit shall be secured from the Construction Official Inspector
prior to construction, erection or alteration of any building or part
of building or structure having a cost or valuation of $100 or more
and of all stationary signs and billboards larger than 20 square feet.
b.
A request for a zoning permit shall be made in writing by the owner
or his authorized agent. It shall include a statement of the use or
intended use of the building or structure and shall be accompanied
by a plan, drawn to scale and dimensioned, showing the proposed building
in its exact relation to lot and street lines. A building permit issued
in accordance with the building code shall satisfy the purpose of
a zoning permit upon compliance with the conditions and requirements
of this chapter.
[Ord. 11/9/94; § 16-14.3]
No building constructed, erected or altered after November 1,
1994 shall be occupied or used in whole or in part for any use whatsoever,
and no change of use of any building or part thereof shall hereafter
be made, until an occupancy permit has been issued by the Construction
Official, certifying that the building or use complies with the provisions
of this chapter. An occupancy permit shall be granted or denied within
10 days from date of written application therefor.
[Ord. 11/9/94; § 16-14.4]
The Construction Official may issue a special permit, upon authorization
of the Board.
[Ord. 11/9/94; § 16-14.5]
The Council may, from time to time, on its own motion or on
petition, after public notice and hearing, amend, supplement or change
the regulations and districts herein established and adopt rules and
regulations for the purpose of interpreting and carrying this chapter
into effect. When owners of more than 50% of the frontage within a
district or part of district comprising not less than one block shall
present to the Council a duly signed petition for the change, relocation
or revision of said district or part of district, the Council shall
act upon the petition within 60 days after the filing of the petition
with the Borough Clerk. The petition shall be accompanied by a map
showing the area for which the change of district is asked and all
immediately abutting property and uses thereof and shall be accompanied
by a statement setting forth the grounds or reasons for the proposed
change. In case of protest against such proposed change, signed by
owners of 20% or more of the area of the lots included in such proposed
change or of those immediately adjacent in the rear thereof extending
100 feet therefrom or of those directly opposite thereto extending
100 feet from the street frontage of such opposite lots, such amendment
shall not become effective except by the favorable vote of 3/4 of
all members of the Municipal Council.
[Ord. 11/9/94; § 16-14.6]
Due public notice and hearing as required by this chapter shall
be interpreted as being the same as applies to all other ordinances
of the Borough.
[Ord. 11/9/94; § 16-14.7;
New]
[Ord. 11/9/94 § 16-15; Ord. No. 06-15; Ord. No.
04-17]
[1]
Editor's Note: The Bulk Requirements table is included as
an attachment to this chapter.
