The URL can be used to link to this page

Home My Public Portal AboutOrd. 11-013Or anU No. 11 -13 of LhE 'Porogt of Ct . �. Councilman Preset s thy; tcllov ig O dinance, Seconded by Councilman .AMENDING AND SUPPLENIENTING VARIOUS SECTIONS OF CHAPTER 160 ENTITLED LAND DEVELOPMENT OF THE CODE OF THE BOROUGH OF CARTERET WHEREAS, the Mayor and Council of the Borough of Carteret ( "Borough ") are desirous of making certain modifications to the Land Development Chapter, Chapter 160, of the Borough Code relating to the development of fuel filling stations, both existing and new, and making certain revisions to the existing flood plain regulations and the Bulk Schedule relating to combined side yard setbacks in the R -50 and R -25 development zones; and WHEREAS, the Mayor and Council are further desirous of hereby referring to the Borough Planning Board the following proposed amendments and supplements to the Borough's Land Development Chapter of the Borough Code for the Board's required review and recommendation(s). NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Carteret that the following sections of Chapter 160, entitled Land Development, of the Borough Code are hereby amended and supplemented as set forth herein with the remainder of said sections remaining unchanged: Section 1. A. § 160 -107 K(1) is hereby amended to delete the last sentence of said paragraph (1). B. § 160 -107 K(2) is hereby amended and supplemented to add an additional sentence to the end thereof to read as follows: The provisions of this paragraph (2) shall not be applicable to fuel filling stations with or without a convenience store. Section 2. A. The title of § 160 -112 is hereby amended and supplemented to read as follows: Service stations; filling stations with and without convenience stores. B. §160 -112B is hereby replaced in its entirety with the following: Where permitted, all fuel pumps and the island upon which pumps are normally located shall be set back from the street line at least 15 feet and from any other property line at least 25 feet. Where permitted, any Filling Station Canopy shall be set back from the street line at least 5 feet and from any other property line at least 15 feet: With regard to any such canopy, this distance shall be measured from the respective outer most edge of the roof line thereof. A minimum space of NO. jl1 PAGE 20 feet shall exist between any two islands and between any island and any service station or filling station building. C. § 160 -112 is hereby amended and supplemented to include a new paragraph "E' to read as follows: Where permitted, a filling station may include a Filling Station Canopy. D. § 160 -112 is hereby amended and supplemented to include a new paragraph "F' to read as follows: Air pumps, automotive vacuum cleaning stations and/or energy ports for electric vehicles shall be permitted as accessory uses in conjunction with all service or filling stations. The setback for air pumps, vacuum cleaning stations and/or energy ports shall be 15 feet from any property ling. E. § 160 -112 is hereby amended and supplemented to include a new paragraph "G" to read as follows: Notwithstanding any other provision of this Chapter or its Bulk Schedule to the contrary, any principal building serving as a service station, or servicing a filling station, or serving as a convenience store in conjunction with a filling station shall provide a fifteen (15) foot rear yard set back and/or fifteen (15) side yord(s) setback(s). Section 3. A. §160 -103 A shall be amended and supplemented to include the following additional definition: Filling Station Canopy - A filling station canopy is a permanent, unenclosed roof structure erected for the purpose of sheltering station attendants and customers, motor vehicles, fuel pumps and fuel pump Islands from the weather. B. §160 -103 A shall be amended and supplement to add the following sentence to the end of the existing definition of "Filling Station" as follows: A Filling Station may include a convenience store. Section 4. A. §160 -133 A is hereby amended and supplemented to add a new paragraph (3) thereto to read as follows: (3) Filling Station with or without a convenience store. NO. 11 -13 PAGE 3 B. §160 -133 C(1) is hereby amended and supplemented to delete the current "(a) Filling stations" from the list of "conditional uses" provided for therein and then to re- letter the remaining uses accordingly. Section 5. A. §160 -135 A is hereby amended and supplemented to add a new paragraph (6) thereto to read as follows: (6) Filling Station with or without a convenience store. B. §160 -135 C(1) is hereby amended and supplemented to delete the current "(a) Filling stations" from the list of "conditional uses" provided for therein and then to re- letter the remaining uses accordingly. Section 6. A. §160 -102 A(1) is hereby amended and supplemented to delete the phrase "flood fringe" therein and replace the same with "100 year flood plain ". B. §160 -102 D is hereby amended and supplemented to delete the phrase "flood fringe portion" therein and replace the same with "the 100 year flood plain portion ". C. §160 -102 F is hereby amended and supplemented to delete the following phrases therein and include the following replacement phrases: I. Delete: "a flood fringe portion of the flood hazard area" Replace with: "the 100 year flood plain portion of the flood hazard area" 2. Delete: "flood fringe portion' Replace with: 11 100 year flood plain" D. §160 -102 H is hereby amended and supplemented to delete the phrase "flood fringe" therein and replace the same with "100 year flood plain ". Section 7 . The Bulk Schedule incorporated as part of Chapter 160 is hereby amended and supplemented as follows: R -50 Delete Minimum combined Replace with side yard (feet) "12" aagu R -25 Delete Replace with Minimum combined side yard (feet) «p' „S„ NO. - . -13 Section S. A. §160 -105 is hereby amended to read as follows. PAGE 4 A. Intent. It is the intent of this chapter to permit any nonconformities to continue until they are removed but not to encourage their survival. Except as otherwise provided in this chapter the lawful use of the land or a building/structure existing at the date of the adoption of this chapter may be continued although such use or building/structure does not conform to the regulations specified by this chapter for the zone in which such land or building/structure is located; provided, however, that no nonconforming lot shalt be further reduced in size and no nonconforming use may be expanded. The following regulations shall apply to nonconforming uses and structures. B. Alterations, as applied to a nonconforming building or structure, shall only include a change or rearrangement in the structural supports or a change in exterior appearance. C. No nonconforming building or lot shall be enlarged, extended or increased, unless such enlargement will not increase the degree of nonconformance. D. A nonconforming building, or an existing building on a nonconforming lot may be altered, repaired, enlarged or extended, provided that the use is permitted and provided that the enlargement or extension does not project any farther than the existing building beyond a required setback line or create any new setback or lot coverage violations. E. Accessory buildings or structures may not be constructed on nonconforming lots and/or on lots which contain a nonconforming principal building or structure unless: At the time and since the adoption of the Zoning Ordinance making such lot nonconforming the owner of the lot did not own any adjoining property. 2. The new accessory structure or building conforms to all requirements of this chapter. F. Cessation of a nonconforming use for a continuous period of two years shall create a rebuttable presumption that such use has been abandoned. Such nonconforming use shall not thereafter be revived. Section 9. This ordinance is hereby referred to the Borough's Planning Board for its review and recommendation(s) without further action scheduled thereon pending said review and recommendation(s). Section 10. All ordinances and/or provisions thereof inconsistent with the provision of this ordinance shall be and are hereby repealed as to the extent of any such inconsistencies. Section 11. If any section, subsection, part, clause or phrase of this ordinance shall be declared invalid by judgment of any Court of competent jurisdiction, the section, subsection, part, clause or phrase shall be deemed to be severable from the remainder of this ordinance. Section 12. This ordinance shall take effect upon passage and publication according to applicable law. RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO BALM X K" X DMZ DIMSM x x X - Indicate Vote AB Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto Adopted on first readin a Adopted on soon eading aft h oil of the Borough of Carteret, N.1., on AM 2, 2011 ring on Jim. 16, 2011 APPROVED BY ON AYOR Z ®rtl �cfC.� -�- I - ® RlnNlfi A t FPP Q AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. One 1 time(s), once in each issue as follows: June b, 2011 Notary Public of New Jersey LINDA A RIVERA NOTARY PUBLIC OF NEW JEAtgEy MY COMMISSION EXPIRES NIAY 22 -, ') c�l (� Sworn and subscribed efore me this - g,44 day of V - r a hleen M. Barney, MMC Municipal Clerk AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. One 1 time(s), once in each issue as follows: June 23, 2011 Notary Public of New Jersey LINDA A. RIVERA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY 2 20 7 Sworn and subscribed before me day of Lie athleen M. Barney, MMC Municipal Clerk