Kearny City Zoning Code
§ 38-1.4
Purpose.
[Ord. No. 10-14-87 § 138-1.400; Ord. No. 2002-O-78; Ord. No. 2003-(O)-23]
Such regulations are deemed necessary to achieve the following purposes:
a.
Promote Orderly Development. To protect the character and maintain the stability of all areas within the Town, and to promote the orderly and beneficial development of such areas.
b.
Regulate Intensity of Use. To regulate the intensity of use of zoning lots, and to determine the area of open spaces surrounding buildings necessary to provide adequate light and air, privacy and convenience of access to property and to protect the public health, safety and welfare.
c.
Regulate Location of Buildings and Establish Standards of Development. To establish building lines and the location of buildings designed for residential, commercial, industrial, office, or other uses within such lines and to fix reasonable standards to which buildings or structures shall conform.
d.
Prohibit Incompatible Uses. To prohibit uses, buildings or structures which are incompatible with the character of development or the permitted uses within specified zoning districts.
e.
Regulate Alterations of Existing Buildings. To prevent such additions to, and alterations or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder.
f.
Limit Congestion in Streets. To limit congestion in the public streets and so protect the public health, safety, conveniences, and the general welfare by providing for off-street parking of motor vehicles and for the loading and unloading of commercial vehicles.
g.
Protect Against Hazards. To provide protection against fire, explosion, noxious fumes, and other hazards in the interest of the public health, safety, comfort, and the general welfare.
h.
Conserve Taxable Value of Land. To conserve the taxable value of land and buildings throughout the Town.
i.
Consistent with Municipal Land Use Law. To be consistent with the purposes of the Municipal Land Use Law C 40:55D-1 et seq.
j.
Regulate the Placement of Wireless Telecommunications Antennas and Related Equipment.
1.
To encourage the location of antennas upon, or within, existing structures, including existing buildings, existing wireless telecommunications towers, existing water towers, and existing telephone and electric towers, especially those existing structures situated in nonresidential districts;
2.
To encourage the configuration of telecommunications facilities in a manner that minimizes and mitigates any adverse impact upon affected properties, streetscapes, and vistas through careful design, siting, screening, landscaping, and innovative camouflaging techniques;
3.
To encourage the co-location of as many antennas as possible, of as many wireless telecommunications carriers as possible, on existing towers and other structures in nonresidential districts;
4.
To discourage the construction of new towers which do not have the likelihood of being used by a number of wireless telecommunications carriers;
5.
To minimize the total number of wireless telecommunications towers within the Town;
6.
To discourage adverse impacts on community aesthetics;
7.
To formulate and maintain, for land use planning purposes, a complete inventory of all wireless telecommunications antenna towers, and related facilities within the Town, and others in the vicinity of the Town, which are capable of providing service within the municipality;
8.
To enhance the ability of the carriers of wireless telecommunications services who adhere to the specific requirements and intent of the ordinance provisions to provide such service quickly, effectively, and efficiently; and
9.
To comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. Section 332(c)(7), which preserves local government authority to enforce zoning requirements which protect public safety, public and private property, and community aesthetics.