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Kearny City Zoning Code

§ 38-6.2

Accessory Uses in Residential Zones.

[Ord. No. 10-14-87 § 138-6.200; Ord. No. 6-8-83; Ord. No. 6-22-83; Ord. No. 1999-O-2 §§ 33, 34, 38; Ord. No. 2005-(O)-42 § 5]
a. 
Accessory structures which are not attached to a principal structure may be erected in a required side yard setback or within the rear yard, except on the street side of a corner lot provided that:
1. 
Accessory structures shall not be located closer than three feet to any lot line.
2. 
No accessory structure is located closer to the street right-of-way than the required front yard setback of the principal structure. Subsections 38-5.1c and 38-5.3d shall also apply to all accessory structures hereunder.
3. 
Portable sheds having no foundations and with a footprint of less than 100 square feet in area shall not be counted as contributing to impervious lot coverage or lot coverage provided such a shed is located in the rear or side yard, is set back at least three feet from the closest property line, and there is no more than one portable shed.
b. 
Attached Accessory Structures in Residential Districts. When an accessory structure is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building.
c. 
Permanent Swimming Pools.
1. 
Inground or aboveground swimming pools accessory to a residential use shall be erected on the same zone lot as the principal structure. Said pools may be erected in the side or rear yard of the zone lot. Inground swimming pools shall be located no closer than six feet to a side or rear property line. A minimum of a two-foot buffer shall exist between the property line and the pool improved area. The wall of an aboveground swimming pool and any associated decking shall be located no closer than three feet to a side or rear yard line. Such pools and associated decking shall not be counted as contributing to improved lot coverage. Where a pool is located on a corner lot, the fencing closest to the right-of-way and along the rear property line shall be solid so as to provide a visual screen.
d. 
Residential Signs. Signs permitted within residential districts shall be in accordance with subsection 38-6.8.
e. 
Home Occupations. Home occupations shall comply with the following requirements:
1. 
Such use is clearly accessory to the principal use of the structure.
2. 
Such home occupation is conducted by the resident of the premises or member of his immediate family residing on the premises.
3. 
Such home occupation shall not use more than 1/3 of the total floor area of the dwelling unit or 750 square feet, whichever is less.
4. 
Not more than one nonresident employee may be permitted.
5. 
Such use shall be conducted solely within the principal structure.
6. 
One sign, not exceeding seven inches by 18 inches, shall be permitted indicating the name and home occupation of the occupant.
7. 
There shall be no change in the outside appearance of the building or premises which would alter its residential character.
8. 
No use shall generate traffic, parking, noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than what normally occurs in the applicable zoning district.
9. 
Not more than three customers or clients shall be present at the same time.
10. 
Teaching occupations of a tutoring nature shall be permitted provided that there shall be no more than three pupils in attendance at the same time.
11. 
Such uses shall not result in the outside storage or display of any materials.
12. 
The use shall be only in a single family or two family dwelling.
13. 
Where the general public is to be received, off-street parking spaces shall be provided in addition to required spaces for the residential use according to the following schedule:
Total floor area up to 500 square feet:
One additional space
Total floor area more than 500 square feet:
Two additional spaces
Permitted home occupations shall not in any event be deemed to include barber shops, beauty parlors, massage parlors, tattoo parlors, clinics, child day care centers (except family day care homes as permitted in N.J.S.A. 40:55D-66.5b.), day nurseries, dancing schools, ceramic kilns, real estate offices, auto repair (or auto repossession), the sale or repair of firearms, restaurants, animal hospitals, fortune telling, palmists, limousine services, or repair shops except for the repair of electrical appliances, cameras or other small items.
f. 
Fences. Fences permitted in residential districts shall be in accordance with subsection 38-6.9.