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Kearny City Zoning Code

§ 38-4.4

Temporary Quarters.

[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:
1. 
Financial hardship;
2. 
Job residency requirement;
3. 
Enrollment of children in the local school system;
4. 
Protection of personal property remaining in the structure that cannot otherwise be relocated; or
5. 
Relocation would jeopardize the aggrieved person or persons everyday activities.
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.