[Ord. No. 10-14-87 § 138-2.200; Ord. No. 11-8-89; Ord. No. 6-27-90; Ord. No. 12-12-90; Ord. No. 1999-O-2 § 1; Ord. No. 2000-0-27 § 1; Ord. No. 2002-O-78; Ord. No. 2003-(O)-23; Ord. No. 2003-(O)-31 § 1; Ord. No. 2004-(O)-12; Ord. No. 2004-(O)-64; Ord. No. 2004-(O)-70 § 1; Ord. No. 2006-(O)-06 § 1; Ord. No. 2006-(O)-09 § 1; Ord. No. 2006-(O)-20 §§ 1 — 3; Ord. No. 2006-(O)-29; Ord. No. 2006-(O)-30 §§ 1 — 3; Ord. No. 2010-24 § 1]
As used in this chapter:
ACCESSORY USE OR STRUCTUREShall mean a use or structure subordinate to the principal use of a building or structure on the same zone lot and serving a purpose customarily incidental to the principal use of the principal building.
ADDITIONShall mean an extension or increase in floor area or height of a building or structure.
ALLEYWAYShall mean a private driveway in Planned Residential Developments for providing direct vehicular access to residential units, not required for general circulation and not exceeding 600 feet in length with dual access, nor 300 feet in length with single access to a public or private roadway.
ALTERATIONShall mean a change or rearrangement in the structural parts or in means of egress; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another.
ANIMAL HOSPITALShall mean a place where animals or pets are given medical or surgical treatment. Use as a kennel shall be limited to hospital use and treatment.
ANIMAL KENNELShall mean any building, structure or premises in which animals are kept, boarded or trained for commercial gain.
ANTENNAShall mean any device specifically designed for the reception or transmission or both, of radio frequency signals.
APARTMENTShall mean a portion of a building consisting of a group of rooms used as a dwelling for a family and set apart as a separate unit from other units or portions of the building.
APPLICANTShall mean a developer submitting an application for development.
APPLICATION FOR DEVELOPMENTShall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of issuance of a permit pursuant to law.
APPROVING AUTHORITYShall mean the Planning Board of the Town of Kearny unless a different agency is designated by ordinance.
AUTOMOBILE SERVICE STATIONS OR GASOLINE STATIONShall mean a public building or place of business where gasoline, fuel, oil and grease and/or batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade and where minor repair service is rendered.
BASEMENTShall mean a story partly above grade level having more than 1/2 of its floor-to-ceiling height above the average level of the adjoining ground. A basement shall be counted as a story if used for business or dwelling purposes.
BAY WINDOWShall mean a window projecting beyond the wall line of the building and extending down to the foundations.
BEDROOMShall mean a room in a dwelling in which one or more persons normally sleep.
BILLBOARDShall mean a sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.
BOARDShall mean the Planning Board of the Town of Kearny.
BUILDINGShall mean a combination of materials to form a construction adopted to permanent, temporary or continuous occupancy and having a roof.
BUILDING COVERAGEShall mean that portion of a lot which is occupied by all principal and accessory buildings, but not including covered walkways, steps, patios, decks, uncovered porches, parking lots, or outdoor residential swimming pools and swimming pool decks, or similar improvements thereto. In the event that any other floor of a building exceeds the dimensions of the ground floor, the area of the larger floor shall be used in the computation of building coverage.
BUILDING, PRINCIPALShall mean a structure in which is conducted the principal use of the site on which it is situated.
CARPORTShall mean a roofed structure providing space for the parking of motor vehicles and enclosed on not more than two sides.
CELLARShall mean a story partly above grade level having more than 1/2 of its floor-to-ceiling height below the average level of the adjoining ground. No cellar or portion thereof shall be used as a dwelling unit.
CERTIFICATE OF OCCUPANCYShall mean the certificate issued by the construction official which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building or land, the special stipulations or conditions of the building permit and authorization, where appropriate, by the Approving Authority.
CHANGE OF USEShall mean any use which substantially differs from the previous use of a building or land.
CHASSISShall mean a special trailer or undercarriage on which containers are moved over the road by truck.
CHILD DAY CARE CENTERShall mean a facility providing a program less than 24 hours per day per child for the care of more than five children, 2 1/2 years or older.
CLUBS, LODGES, SOCIAL AND COMMUNITY CENTER BUILDINGShall mean a building or structure used to house a group of people organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees or dues, and regular meetings.
CO-LOCATIONShall mean the mounting of personal wireless service facilities used by two or more competing providers on the same antenna support structure, monopole or antenna tower.
COMMON DRIVEWAYShall mean two or more driveways on adjoining properties, which share a single access point onto a Town street or road.
COMMON OPEN SPACEShall mean an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use and enjoyment of residents and owners of the development.
CONTAINERShall mean a recognized vehicle for transporting cargo, comprised of a box constructed with varying dimensions to withstand shipment conditions in transportation. Containers may be transferred between different transportation systems. When mounted on a chassis, it comprises a trailer. Standard measuring unit for a container is a TEU (Twenty-foot Equivalent Unit). One standard forty-foot container equals two TEU's.
CONVENTIONAL HOUSINGShall mean any residential development other than limited income house (LIH), as defined in this chapter.
COURTShall mean a court is an unoccupied space which is bounded by three or more attached building walls other than a front, side, or rear yard on the same lot with the principal building.
b. COURT, HEIGHT OFThe vertical distance from the lowest level it is required to serve to the top of the highest wall which bounds it within the same lot.
c. COURT, INNERA court entirely enclosed by walls or opening on a side lot line.
d. COURT, OUTERA court opening for its full width on a street, a front yard, a rear yard, or a side yard.
CROSS DOCKINGShall mean loading docks situated along parallel walls.
CUMMAThe New Jersey Compassionate Use Medical Marijuana Act, P.L. 2009, c. 307 (approved January 18, 2010, codified at N.J.S.A. 24:61-1 et seq.), as amended and supplemented through the date hereof to include its renaming as the Jake Honig Compassionate Use Medical Cannabis Act.
[Added 6-23-2020 by Ord. No. 2020-12]
CURB LEVELShall mean the mean level of the curb at that street frontage of the building where the average curb level is highest. Where the lot level is higher than the curb level, the average level of the former along the wall in question may be taken as the base for measuring the height of a wall adjacent to a yard or court.
DAY NURSERYShall mean a facility providing a program less than 24 hours per day per child for the care of more than five children not more than 2 1/2 years old.
DENSITY, GROSSShall mean a number expressing dwelling units per gross acre of land within a parcel of property.
DEVELOPERShall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENTShall 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, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required.
DEVELOPMENT GROUPShall mean the development of land and more than one principal building or structure on a zone lot designated to be maintained and operated by one or more persons, planned as an entity and therefore susceptible to development and regulation and a complex land use unit, rather than an aggregate of individual buildings or structures located on separate unrelated lots or parcels.
DISTRICTShall mean a district or a zone shall be any portion of the territory of the Town of Kearny within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DORMITORYShall mean a space in a building where group sleeping accommodations are provided for persons not members of the same family group, in one room, or in a series of closely associated rooms.
DRIVEWAYShall mean a private driveway, alleyway, road, or other avenue of vehicular travel that runs through any part of a private parcel of land that connects to a public roadway.
DRIVEWAY IMPROVEMENTShall mean the upgrading or reconstruction of preexisting driveway such as adding or replacing permanent surface, i.e., concrete or asphalt.
DUPLEX TOWNHOUSEShall mean a dwelling unit designed for and occupied by no more than one family or household. Each such dwelling unit is comprised of more than one level and has direct access to the outdoors. Such unit may be situated partially or wholly above or below another similar unit; provided, however, that no more than two such units may be included in a building between two party walls which extend from the foundations to and through the roof and which may be attached to no more than two buildings accommodating townhouses or duplex townhouses or apartments. Each duplex townhouse shall be provided with individual cooking, sleeping and sanitary facilities for the use of one family or household. For the purpose of this chapter a duplex townhouse may be in condominium, cooperative or leasehold ownership or any combination thereof.
DWELLING UNITShall mean one or more rooms (a) occupied as separate living quarters or designed so that it or they may be occupied as a separate living quarters, (b) isolated and secure from access to all other portions of the building in which it or they are located, and (c) which include all of the following:
a. Bathroom facilities not shared by occupants of any other dwelling unit,
c. A separate means of egress not requiring access or passage through a private portion of another dwelling unit.
DWELLING, MULTIPLE FAMILYShall mean a structure containing more than two dwelling units with direct access from the outside for each dwelling unit or through a common hall.
DWELLING, ONE FAMILYShall mean a detached building on a single lot containing one dwelling unit. A one family dwelling unit is also referred to as a "single family dwelling."
DWELLING, TWO FAMILYShall mean a structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units or any structure containing two dwelling units, regardless of the building's configuration.
ESSENTIAL SERVICEShall mean the erection, construction, alteration, or maintenance by public utilities or municipal or other governmental agencies of underground, surface or overhead gas, electrical, steam or water transmission systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stations, telephone lines and accessories herewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health, safety, or general welfare.
FAA APPLICATIONShall mean any application, or other request, to the Federal Aviation Administration for a license, certificate, waiver, special temporary authorization, or any other instrument of authorization issued by the Federal Aviation Administration regarding an applicant's telecommunications structures, antennas, and equipment.
FAA FILINGSShall mean any application with all attachments, exhibits, appendices, memoranda, amendments, supplements, and comments; all correspondence addressed to the Federal Aviation Administration; individual comments or objections of other parties, including but not limited to, informal objections, petitions to deny, proposed findings of fact, conclusions of law, and briefs on appeal; the initial decision of Federal Aviation Administration; notices of appeal; all briefs and other documents on appeal; and all other related matters.
FAMILYShall mean any number of persons related by blood, marriage or adoption living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common. A family shall also include foster children placed with a family in such dwelling by the Division of Youth and Family Services in the Department of Institutions and Agencies or a duly incorporated child care agency and children placed pursuant to law in single-family dwellings known as group homes.
FCC APPLICATIONShall mean any application, or other request, to the Federal Communications Commission for a license, certificate, waiver, special temporary authorization, or any other instrument of authorization issued by the Federal Communications Commission under the Telecommunications Act of 1934, or the Telecommunications Act of 1996.
FCC FILINGShall mean any application with all attachments, exhibits, appendices, memoranda, amendments, supplements, and comments; all correspondence addressed to the Federal Communications Commission; individual comments or objections of other parties, including but not limited to informal objections, petitions to deny, proposed findings of fact, conclusions of law, and briefs on appeal; the initial decision of the Federal Communications Commission; notices of appeal; all briefs and other documents on appeal; and all other related matters.
FLOOR AREAShall mean the sum of the gross horizontal areas of the several floors of a building measured from the exterior walls in a building. Floor area shall not include areas devoted to mechanical equipment serving the building, stairways and elevators, areas devoted exclusively to off-street parking and loading space for motor vehicles, and to any space where the floor to ceiling height shall be less than seven feet.
FLOOR AREA RATIO (F.A.R.)Shall mean the gross floor area of all buildings and structures, including parking decks, on the lot divided by the lot area.
FREIGHT FORWARDINGShall mean an establishment primarily engaged in the transshipment of goods from shippers to receivers for a charge, covering the entire transportation route and, in turn, making use of services of other transportation establishments as instrumentalities in effecting delivery. Freight forwarding facilities may include areas for the temporary storage, transfer, repacking, consolidation or distribution of such goods and accessory parking and servicing of trucks and trailers.
GARAGE, PRIVATE COMMERCIALShall mean a structure which is accessory to a nonresidential establishment, building, or use and is primarily for the parking and storage of vehicles operated by the customers, visitors, and employees of such building.
GARAGE, PRIVATE RESIDENTIALShall mean a structure which is accessory to a residential building and which is used primarily for the parking and storage of vehicles owned and operated by the residents thereof, and which is not a separate commercial enterprise available to the public.
GARAGE, PUBLICShall mean a building or structure for the storage or parking of vehicles and in which provisions may be made for repairing or servicing of such vehicles as a use incidental to the vehicle storage use.
GARDEN APARTMENTShall mean one or more multiple-family buildings not exceeding three stories or 35 feet in height, containing off-street parking, outdoor recreation facilities, landscaped areas and other appurtenant facilities.
HEIGHT OF A BUILDINGShall mean the vertical distance measured, in the case of flat roofs, from the curb level to the level of the highest point of the room beams adjacent to the street wall and, in the case of pitched roofs, from the curb level to the mean the highest point of the roof.
HEIGHT OF A COURTShall mean the vertical distance from the lowest level it is required to serve to the top of the highest wall which bounds it within the same lot.
HEIGHT OF AN ANTENNAa. Height of an antenna, if required to be measured from ground level shall mean the measurement which is made from the mean grade of the surrounding terrain to a radius of 50 feet and up to and including the highest point of the antenna or antenna support, whichever is higher. Height from ground level shall be measured from mean surface grade ground level regardless of whether or not the antenna support is mounted on an existing structure or extends to ground level.
b. Height of an antenna, if required to be measured from the roof line, shall mean the measurement which is made from the exterior surface of the roof covering the top floor of the building, but shall not include any penthouse, structure, or enclosure used solely to house heating, ventilating, air-conditioning, elevator, or other utility facilities.
HISTORIC SITEShall mean any building, structure, area or property that is significant in the history, architecture, archeology or culture of this State, its communities or the Nation and has been so designated.
HOME OCCUPATIONShall mean any activity carried out for gain by a resident conducted as an accessory use in the residence dwelling unit.
HOTELShall mean any building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests.
HOUSEHOLDShall mean a family or a group of not more than three persons who are not so related living together as a single housekeeping unit.
IMPROVED LOT COVERAGEShall mean the percentage of lot area which is improved with principal and accessory buildings and structures, exclusive of decks, uncovered porches, outdoor residential swimming pools and pool decks, but including driveways, parking lots, pedestrian walkways, signs, and other manmade improvements on the ground surface.
INDIGENOUS LIMITED INCOME HOUSEHOLDShall mean a low income or moderate income household which includes at least one resident of the Town of Kearny or at least one salaried employee of the Town of Kearny, or at least one salaried employee of the Board of Education of the Town of Kearny.
INTERMODAL FACILITYShall mean a facility principally used for the transfer of cargo from one mode of transportation to another. The cargo is primarily containerized and is not broken down or consolidated on site. Intermodal facilities may include trailer parking areas and interior areas for the repair and servicing of trailers, containers, and trucks utilized on site.
JUNKYARDShall mean the use of any area, lot, parcel, building or structure for the storage, sale, processing, or abandonment of junk including scrap metal and other materials, or for the dismantling, demolition or abandonment of any inoperable mechanical equipment, machinery, or vehicles or parts thereof. A "junkyard" shall not include the storage of materials for processing of discarded or salvaged materials as part of a permitted industrial or recycling operation on the same premises.
KITCHEN FACILITIESShall mean an area with a stove or an oven where food is cooked or prepared.
LIMITED INCOME HOUSING (LIH)Shall mean dwelling accommodations made available to indigenous or non-indigenous low and moderate income households at costs not exceeding the limits provided in subsection
38-6.10d.
LOTShall 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. (Also known as a zone lot.)
a. LOT, CORNERA parcel of land at the junction of and abutting on two or more intersecting streets. The owner of a "corner lot" in any district may, at the time application is made for a building permit designate either street frontage as the front of the lot. The principal structure must face on the frontage selected.
c. LOT, THROUGHA parcel of land which extends through from one street to another.
LOT AREAShall mean the computed area contained within the lot lines.
LOT DEPTHShall mean a mean horizontal distance between the front lot line and the rear lot line, measured perpendicular or radial to the front lot line to the furthest distance thereof.
LOT LINESShall mean a line of record bounding the lot.
a. LOT LINE, FRONTThe lot line separating the lot from the street right-of-way. Also referred to as a "street line."
b. LOT LINE, REARThe lot line opposite and most distant from the front lot line.
c. LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.
LOT WIDTHShall mean the distance between the side lines measured parallel to the front lot line at the required front yard setback line.
MALLShall mean a mall is a roofed over common pedestrian area serving more than one tenant within a covered building.
MARIJUANAAll parts of the plant Genus Cannabis L., whether growing or not; the seeds thereof; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant; but shall not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination as defined by New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-2).
[Added 6-23-2020 by Ord. No. 2020-12]
MARQUEE SIGNShall mean a sign attached to or hung from a marquee canopy or other covered structure projecting from and supported by the building and extending beyond the building wall, building line or street lot line.
MEDICAL MARIJUANA ALTERNATIVE TREATMENT CENTER or ALTERNATIVE TREATMENT CENTERAn organization approved by the Department of Health and Community Wellness to perform activities necessary to provide registered qualifying patients with usable marijuana and related paraphernalia in accordance with the provisions of the CUMMA. This term shall include the organization's officers, directors, board members, and employees.
[Added 6-23-2020 by Ord. No. 2020-12]
MEDICAL MARIJUANA CULTIVATION FACILITYA commercial entity licensed under the CUMMA that cultivates, dries, trims, or cures marijuana for sale to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers, which holds all required state licenses and permits.
[Added 6-23-2020 by Ord. No. 2020-12]
MEDICAL MARIJUANA DISPENSARYA retail establishment licensed under the CUMMA to dispense marijuana for the medical use of marijuana to qualifying patients.
[Added 6-23-2020 by Ord. No. 2020-12]
MEDICAL MARIJUANA FACILITYAny of the following: medical marijuana alternative treatment center; medical marijuana dispensary; medical marijuana cultivation facility; medical marijuana manufacturing facility; medical marijuana safety compliance facility.
[Added 6-23-2020 by Ord. No. 2020-12]
MEDICAL MARIJUANA MANUFACTURING FACILITYA commercial facility licensed under a commercial entity licensed under the CUMMA that receives marijuana from a licensed cultivation facility and extracts resin from the marijuana or creates a marijuana-infused product for sale and transfer in packaged form to a medical marijuana center, which holds all required state licenses and permits.
[Added 6-23-2020 by Ord. No. 2020-12]
MEDICAL MARIJUANA SAFETY COMPLIANCE FACILITYA commercial facility licensed under the CUMMA that receives marijuana from a licensed cultivation facility, licensed processing facility, or licensed caregiver, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marijuana to the marijuana facility.
[Added 6-23-2020 by Ord. No. 2020-12]
MEDICAL USE OF MARIJUANAThe acquisition, possession, transport, or use of marijuana or paraphernalia by a registered qualifying patient as authorized by the CUMMA and New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-2).
[Added 6-23-2020 by Ord. No. 2020-12]
MEZZANINEShall mean an intermediate level between the floor and ceiling of any story, and covering not more than 33% of the floor area of the room in which it is located. An intermediate level exceeding 33% of the floor area of the room in which is it located is considered another story.
MOTELShall mean a hotel as defined in this chapter.
MULTI-FAMILY APARTMENT HOUSEShall mean a building or portion thereof containing more than two dwelling units and not classified as a one or two family dwelling, or a townhouse. (See definition for "Dwelling, multiple-family.")
NONCONFORMING LOTShall mean a lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTUREShall mean a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this 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.
NONCONFORMING USEShall mean a use or activity which was lawful prior to the adoption, revision or amendment of this 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.
OCCUPANCYShall mean the purpose for which a structure or part thereof or premises is used or intended to be used.
OFF-SITEShall mean located outside the lot lines of the lot in question but within the property (of which the lot is part) which is the subject of a development application or contiguous portion of a street right-of-way.
OFF-TRACTShall mean not located on the property which is the subject of a development application nor on a contiguous portion of a street right-of-way.
ON-SITEShall mean located on the lot in question.
ON-TRACTShall mean located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACEShall mean any parcel or area of land or water essentially unimproved and set aside, dedicated or reserved for public or private use or enjoyment or for the use and enjoyment of the owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
ORIEL WINDOWShall mean a window projected beyond and suspended from the wall of a building or cantilevered therefrom.
PARKING AREA, PRIVATEShall mean any open area used for the temporary storage of automobiles and other vehicles for the use solely by the occupants thereof to which such use is accessory.
PARKING AREA, PUBLICShall mean any open area other than a street or other public way used for the temporary storage of automobiles and other vehicles and available to the public whether for a fee, or without compensation, or as an accommodation for clients, customers, or employees.
PARTY WALLShall mean a common shared wall on an interior lot line between two separate structures, buildings, or dwelling units.
PENTHOUSEShall mean an enclosed structure above the roof of a building, other than a roof structure or bulkhead, occupying not more than 33% of the roof area.
PERMITShall mean an official document or certificate issued by the approving authority having jurisdiction, authorizing performance of a specified activity not otherwise forbidden by law.
PERSONShall mean any individual, association, partnership, corporation or cooperative group.
PERSONAL WIRELESS SERVICEShall mean mobile services, unlicensed wireless services and common carrier wireless exchange access services, including cellular radiotelephone, specialized mobile radio system and personal communications services.
PLANShall mean the provisions for development of a planned development, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, public or private streets, ways and parking facilities, open space and public facilities. The phrase "provisions of the plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.
PLANNED COMMERCIAL DEVELOPMENTShall mean an area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both and other uses incidental to the predominant use as may be permitted by ordinance.
PLANNED DEVELOPMENTShall mean planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNED INDUSTRIAL DEVELOPMENTShall mean an area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and other uses incidental to the predominant use as may be permitted by ordinance.
PREVAILING SETBACKShall mean the average distance from the front lot line to the front building wall of a structure on all lots within 200 feet on the same side of the block.
PUBLIC AREASShall mean public areas including a. public parks, playgrounds, trails, paths and other recreational areas; b. other public open spaces; c. scenic and historic sites; and d. sites for schools and other public buildings and structures.
PUBLIC BUILDINGShall mean any building which is primarily used and/or primarily occupied by the United States, the State of New Jersey, the Town of Kearny, or any subdivision or agency thereof, which building is used primarily for police, fire, public health, education, recreation, or any other governmental purpose.
PUBLIC OPEN SPACEShall mean an open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, State or County agency, or other public body for recreational or conservation uses.
REDEVELOPMENT AREAShall mean an area determined to be in need of redevelopment pursuant to the "Local Redevelopment and Housing Law," N.J.S.A. 40A:12A-1, et seq.
RELOCATE DRIVEWAYShall mean a change in access point, general design, length or drainage of an existing driveway.
REPAIRShall mean the reconstruction or renewal of any part of an existing building for the purpose of its maintenance.
RESIDENTIAL CLUSTERShall mean an area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
RESIDENTIAL DRIVEWAYShall mean a driveway providing access used for a single, two-family or multi-family purposes only.
RESTAURANTShall mean a building or structure designed, used or intended for use in which either food or beverage or both are sold and consumed primarily within the confines of an enclosed structure on the site. A restaurant shall not include refreshment stands commonly called snack or dairy bars where consumption takes place outside of the structure or in automobiles parked upon the premises, whether brought to the automobiles by the customer or by employees of the establishment. A restaurant shall also include pick-up delivery services wherein food is prepared on the premises for off-premises consumption.
RESTAURANT, FAST FOODShall mean an establishment whose principal business is the sale of pre-packaged or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises.
SATELLITE DISH ANTENNAShall mean a device or instrument used for the reception of television or other electronic communications signal broadcast or relayed from an earth satellite. It may be a solid, open mesh, or bar configured structure in the shape of a shallow disk or parabola.
SIGHT TRIANGLEShall mean a triangle-shaped easement established at the intersection of two streets or a driveway and a street in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to obstruct vision between the height of two feet and six inches above the centerline grade of the street or driveway. The triangle shall be determined along such street lot lines or edges of driveway 25 feet distant from their property line.
SIGNShall mean any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public.
SIGN AREAShall mean the entire face of a sign including the advertising surface and any framing, trim, or molding, but not including the supporting structure. The sign area of mounted lettering or graphics shall be the rectangle of smallest dimensions enclosing such lettering or graphics.
SIGN, GROUNDShall mean any sign placed upon or supported by the ground independent of any other structure and advertising only the businesses or services located on the same lot.
SIGN, PROJECTINGShall mean a sign mounted at right angles to the face of the building.
SIGN, ROOFShall mean a sign mounted on the roof of a building.
SIGN, WALLShall mean a sign fastened parallel to the wall of a building which does not project more than eight inches beyond the surface of the wall.
SITE PLANShall mean a representation of the proposed development, redevelopment, expansion or improvement of one or more parcels of land and/or buildings in accordance with the rules and procedures of the Kearny Town Subdivision and Site Plan Ordinance.
STANDARDS OF PERFORMANCEShall mean standards a. adopted by ordinance regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the Town of Kearny, or b. required by applicable Federal, State or Interstate law.
STORYShall mean that part of any building comprised between any floor and the floor or roof next above.
a. STORY, HALFThat portion of the uppermost story with a floor to ceiling height of five feet or more, not exceeding 50% of legally permitted lower floor. A minimum roof pitch of 5 on 12 is required.
b. STORY, FIRSTAny above grade floor shall be counted as a story including the garage space.
STREETShall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way; a. which is an existing State, County or municipal roadway; or b. which is shown upon a plat heretofore approved pursuant to law; or c. which 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 of such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
STRUCTUREShall mean a combination of materials to form a safe and stable construction for occupancy, use, or ornamentation, whether installed on, above or below the surface of a parcel of land. Structures, or parts thereof, may include and are not limited to buildings, stadiums, reviewing stands, platforms, stagings, observation towers, radio towers, satellite dish antennas, water tanks and towers, trestles, piers, wharves, coal bins, container units, shelters, fences, steps, retaining walls, and display signs.
SWIMMING POOLShall mean any structure having a depth greater than two feet and a water surface area in excess of 150 square feet which is used for swimming, bathing or wading purposes.
TELECOMMUNICATIONSShall mean the electrical or electronic transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.
TELECOMMUNICATIONS EQUIPMENTShall mean equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment (including upgrades).
TELECOMMUNICATIONS SERVICEShall mean the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
TOPOGRAPHYShall mean the surface features of an area of land.
TOWERShall mean a freestanding antenna support structure.
TOWNHOUSEShall mean a building designed for or occupied by no more than one family or household and attached to other similar buildings or structures by not more than two party walls extending from the foundation to and through the roof. Furthermore, each such dwelling unit shall be provided with cooking, sleeping and sanitary facilities for the use of each family or household of the townhouse. For the purpose of this chapter, a townhouse may include a building or structure in fee simple, condominium, cooperative or leasehold ownership or any combination thereof.
TRAILERShall mean (i) a structure on wheels, towed or hauled by another vehicle and used for carrying materials, goods or objects, or (ii) a structure used as a temporary construction office in connection with construction projects.
TRUCK TERMINALShall mean an establishment primarily engaged in furnishing, hauling, or transfer services without long-term product or cargo storage and where trucks load and unload products or cargo for transshipment or reshipment without accessory consolidation, repacking or value added services. A truck terminal may also include accessory areas for the repair, service, maintenance, temporary storage, or parking of trucks.
USEShall mean the specific purpose for which land or building is designed, arranged, intended or for which it is or may be occupied or maintained.
VARIANCEShall mean the approving authority's authorized departure from the literal requirements and terms of this chapter in accordance with the procedures contained herein.
WAREHOUSE AND DISTRIBUTION FACILITYShall mean an establishment primarily used for the (i) indoor long term storage and/or distribution of goods, products or materials, or (ii) accessory consolidation, repackaging and value-added services of or to goods, products or materials. Such facility may include accessory areas for the repairs, service, maintenance, temporary storage or parking of trucks.
WIRELESS TELECOMMUNICATIONSShall mean the transmission and receipt of writing, signs, signals, pictures, and sounds of all kinds without the aid of wire, cable, or other like connection between the points of origin and reception of such transmission.
WIRELESS TELECOMMUNICATIONSShall mean the transmission and receipt of writing, signs, signals, pictures, and sounds of all kinds without the aid of wire, cable, or other like connection between the points of origin and reception of such transmission.
YARDShall mean an open space, which lies between the principal or accessory building or buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted.
a. YARD, FRONTShall mean an open space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward except as may be specified elsewhere in this chapter. The depth of the front yard shall be measured perpendicular to the front lot line.
b. YARD, REARShall mean an open, unoccupied space across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal or accessory building. The depth of the rear yard shall be measured perpendicular to the rear property line.
c. YARD, SIDEShall mean an open, unoccupied space between the side line of the lot and the nearest line of the principal or accessory building and extending from the front to the rear yard. The width of the side yard shall be measured perpendicular to the side line of the lot.
ZONING BOARDShall mean the Board of Adjustment established under this chapter.
ZONING MAPShall mean the Zoning Map of the Town of Kearny, New Jersey, together with all amendments subsequently adopted.
ZONING PERMITShall mean a document defined by N.J.S.A. 40:55D-7 and issued by the Zoning Official, which permits the use or erection, construction, reconstruction, alteration, conversion, or installation of a structure or building, and which acknowledges that such use, structure, or building complies with the provisions of the municipal zoning ordinance or variance duly authorized by a municipal agency pursuant to N.J.S.A. 40:55D-60 or N.J.S.A. 40:55D-70.