Kearny City Zoning Code
§ 38-6.1
Regulations Governing Certain Permitted Uses.
[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.