The regulations prescribed for each of the districts listed in § 414-3 are listed on a schedule entitled "Schedule of District Regulations," which schedule is hereby adopted and made a part of this chapter.[1] Said schedule may be amended in the same manner as any
other part of this chapter.
[1]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
In addition to uses specifically prohibited
by this chapter and the schedule referred to herein, no building,
structure or land shall be used nor shall any building, structure
or part thereof be constructed or altered nor shall any use of land
be changed, where said use, construction or alteration of land, structure
or building is intended, arranged or designed to be used in whole
or in part for any use or purpose except the uses specifically allowed
by right or special permit for each district in the Schedule of District
Regulations.
The omission of any use or type of use from
the said schedule shall be deemed to be an exclusion thereof from
all districts.
The following notes which are referred to in
the Schedule of District Regulations are a part thereof and are hereby
adopted as part of the Schedule of District Regulations:
A.
Note 1: Garden apartment and elevator apartment developments
shall be permitted, subject to site plan approval by the Planning
Board, provided that:
(1)
There shall be a minimum site of 20,000 square feet
for each garden apartment development and a minimum site of 40,000
square feet for each elevator apartment development.
(2)
The number of dwelling units per net residential acre
or fraction thereof shall not exceed 20 in two-story garden apartment
developments and shall not exceed 80 in elevator apartment developments
for family units and 120 units for elderly housing in elevator buildings.
(3)
No garden apartment building shall exceed a height
of two stories or 35 feet and no elevator apartment building shall
exceed a height of 12 stories or 135 feet.
(4)
The maximum percentage of any lot that may be covered
by all buildings shall not exceed 35% in garden apartment developments
and shall not exceed 55% in elevator apartment developments. Where
the required off-street parking facilities are contained in the apartment
structure, lot coverage shall not exceed 75% of the lot.
(5)
There shall be provided front and rear yards of at
least 15 feet and two side yards each of at least 10 feet for buildings
having a height of up to six stories; and for each additional story
over six, there shall be provided an additional one foot of width
to the required ten-foot-wide minimum side yard. Surface parking facilities,
as permitted in this chapter, may be located within the required yards,
provided that such parking does not extend within three feet of any
property line.
(6)
Inner courts shall be prohibited.
(7)
All open areas other than those used for parking,
loading, active or passive recreational purposes and pedestrian and
vehicular circulation shall be graded, planted, landscaped and properly
maintained at all times.
(8)
On-site parking spaces as defined in this chapter
shall be provided at a ratio of one space for each one-bedroom unit,
1.5 spaces for each two-bedroom unit and two spaces for each three-bedroom
unit. In the case of housing units designed expressly for occupancy
by the elderly, on-site parking facilities shall be provided at the
ratio of one parking space for each three dwelling units. All rooms
that can be readily converted to a bedroom shall be considered as
such for purposes of calculating required parking spaces.
[Amended 4-15-1987 by Ord. No. 1771]
B.
Note 2: Public and private schools and other institutions
of higher learning shall be permitted, subject to site plan approval
by the Planning Board, provided that:
(1)
Said school or institution shall be qualified as a
nonprofit organization within the meaning of the Internal Revenue
Act and registered effectively as such thereunder and under the New
Jersey Statutes Annotated and otherwise approved by the Department
of Institutions and Agencies of the State of New Jersey or its successors,
pursuant to the statutes, rules and regulations of the State of New
Jersey.
(2)
Such school shall have as its prime purpose the general
education of students in the arts and sciences and shall be licensed
by the State Department of Education if a license for its operation
is required by law.
(3)
No school permitted hereunder shall be a trade school
except to the extent that instruction in a particular trade or trades
may be a part of the general education curriculum of the school in
the arts and sciences. No correctional, health or any other institution
not primarily concerned with the general education of students in
the arts and sciences shall be permitted.
C.
Note 3.
[Amended 5-19-2010 by Ord. No. 9/10]
(1)
Note
3(A). Existing neighborhood-type commercial establishments shall be
permitted in the R-M District as a principle use, provided that:
(a)
Such commercial establishments existed at the time of the passage
of this chapter.
(b)
Such retail stores, service, eating and drinking,
commercial entertainment and minor repair establishments or other
existing commercial uses are of a neighborhood type, i.e., daily needs
establishments intended to serve the residents of a neighborhood,
and are compatible with the residential uses and character of the
neighborhood in which they are located.
(2)
Note 3(B). A change of use from an existing or former neighborhood-type commercial establishment which establishment conformed to the provisions of Subsection C(1)(a) above to another neighborhood-type commercial establishment shall be permitted, provided that such retail stores, service, eating and drinking, commercial entertainment, and minor repair establishments are of a neighborhood type, i.e., daily needs establishments intended to serve the residents of a neighborhood, and are compatible with residential uses and the character of the neighborhood in which they are located.
D.
Note 4: Customary home occupations shall be permitted
as an accessory use, provided that:
(1)
The home occupation is carried on entirely within
the principal structure only by the inhabitants thereof, who shall
not exceed two persons.
(2)
The home occupation is incidental and secondary to
the residential use of the structure and does not use more than 30%
of the total floor area of the dwelling unit in which it is contained.
(3)
No special mechanical equipment shall be used for
the home occupations other than the equipment customarily found in
a dwelling unit.
(4)
No display of goods or signs identifying such occupation
shall be permitted.
(5)
Said home occupation will not generate truck delivery
or pickup activities as a general part of the operation.
E.
Note 5: Professional offices shall be permitted, provided
that:
(1)
Said office is for the practice of a professional
in the field of medicine, dentistry, architecture, engineering, law,
accounting or similar occupations requiring licensing or for an artist,
musician, instructor in arts and crafts or similar professional.
(2)
Said accessory office use shall not exceed 50% of
the total floor area of the residence in which it is located.
(3)
There shall be not more than one identification sign
for each such professional office and said sign shall be limited in
area to one square foot.
F.
Note 6: Row or townhouses shall be permitted, provided
that:
(1)
The minimum lot area shall be 1,500 square feet for
each dwelling unit in a row house development.
(2)
The minimum lot width shall be 15 feet.
(3)
The maximum coverage of the lot by buildings shall
not exceed 60%.
(4)
A setback of at least 10 feet shall be provided, except
where a garage is part of the principal structure. In that case the
garage frontage of the structure shall be set back at least seven
feet from the street line, and upper stories of the structure may
project within the same seven-foot setback area applicable to the
garage.
(5)
A rear yard of at least 20 feet shall be provided.
If the garage is at the rear, there shall be a rear yard of at least
five feet.
(6)
Two side yards shall be provided for the entire site
of the development, with an aggregate of at least 12 feet for both,
and one of which shall be at least nine feet wide.
(7)
There shall not be more than 10 nor less than five
houses per row.
(8)
In the event of more than one group of row houses
on a site, there shall be a distance of at least 30 feet between groups.
(9)
The height of the principal building shall not exceed
31/2 stories or 40 feet, and an accessory garage building shall not
exceed a height of one story or 15 feet.
G.
Note 7: Private membership clubs, including social
and indoor recreational meeting halls for fraternal, social and service
organizations, shall be permitted, provided that:
(1)
Such clubs shall not be used for an activity commonly
conducted as a business and the use thereof shall be limited to members
or their guests.
(2)
The lot operated for club purposes shall have an area
sufficient to offer adequate protection to all adjoining and neighboring
properties.
(3)
On-site parking facilities, as defined in this chapter,
shall be provided at the rate of one space for each full-time employee
plus one for each eight members.
(4)
At least one paved on-site loading space, as defined
in this chapter, shall be provided for each establishment that requires
deliveries for a restaurant part of the operation.
(5)
No part of the site which is used for outdoor sports
activity shall be closer than 50 feet to the nearest residential property
line. Where such part of the lot is used for active sports, it shall
be screened by a thick hedge, fence or wall having a height of not
less than 41/2 feet.
H.
Note 8, explaining the floor area ratio (FAR) requirement
and the bonus system.
(1)
As used elsewhere in this chapter, the term "floor
area ratio" (also designated as FAR) describes a control of a building's
bulk in relation to the size of the lot on which it is located. "Floor
area ratio" is defined as the total gross floor area of a building
on a lot, divided by the area of that lot. For example, a floor area
ratio of three to one means that for each square foot of lot area,
a structure containing three square feet of building area could be
constructed, or a structure could have an aggregate floor area three
times larger than the area of its lot (other accompanying controls
in that district being applicable).
(2)
In high land value sections of a municipality where
vacant land is scarce, the floor area ratio principle can enable that
municipality to control the intensity of development without imposing
an inflexible system of controls of the dimensions of yards, the height
of a building or the percentage of lot coverage, while enabling a
developer to draw on a variety of design alternatives for his site
and building plans. In addition, this floor area ratio control is
supplemented by a system of bonuses in the form of permission to add
additional floor area to a structure beyond the established ratio,
in direct proportion to the provision of additional open space and
site and/or building features which would enhance that use of land.
When the bonus floor area amounts to be provided are added to the
floor area ratio, that aggregate shall constitute the maximum intensity
of building development.
(3)
Bonuses in additional floor area beyond the maximum
permitted in the Schedule of District Regulations shall be granted
to achieve the following objectives:
(a)
For light and air.
[1]
For the provision of a wider side yard setback
of a building in excess of the minimum requirement, beginning at a
height of 30 feet above the street and extending upward the full height
of the building and running the full depth of the lot, the bonus floor
area shall be in direct proportion to the area of that additional
side yard space in excess of the minimum which is shown as open space
to be provided, multiplied by the number of stories.
[2]
For the provision of low coverage by the upper
stories of a building (an alternative to a side yard setback) where
all upper floors of a structure, above a height of 60 feet, are set
back at least 20% of the lot's width and/or depth, the bonus floor
area shall be in direct proportion to the area of the additional open
space to be provided, multiplied by the number of stories.
(b)
For pedestrian circulation.
[1]
For the provision of a plaza or arcade (at least
30 feet wide) or additional sidewalk width (of at least five feet),
the bonus floor area shall be in direct proportion to the area of
the additional open space to be provided, multiplied by the number
of stories.
[2]
For the provision of a passageway, plaza or
a pedestrian walk (at least 20 feet wide) through a block to connect
one public street with another, the bonus floor area shall be in direct
proportion to the additional open space to be provided, multiplied
by the number of stories.
I.
Note 9: In an R-H District, garden and elevator apartment development shall be permitted subject to site plan approval by the Planning Board and according to the provisions contained in Subsection A, Note 1, except that the maximum residential density permitted in elevator apartment developments shall not exceed 110 units per net residential acre for family units and 150 units per net residential acre for housing units for the elderly.
J.
Note 10: Parking garages and parking lots shall be
permitted, provided that:
(1)
Such garages or parking lots are not closer than 50
feet to any residential district or not closer than 150 feet to a
school, playground, public library or other public building attended
by elementary school children.
(2)
Such buildings shall be compatible in height, bulk
and appearance with the adjoining residences and other buildings.
(3)
No sale of automobiles, repair, fueling or other services
of any kind shall take place as a commercial enterprise on the premises.
(4)
No vehicles shall be parked closer to the street line
than prevailing front yard setback requirements of the zone.
(5)
A thick hedge, fence or wall with a height of not
less than four feet shall be located along the side and rear property
lines of such parking lot use which abuts a residential district.
(6)
Not more than one identifying sign shall be used and
it shall be limited in area to two square feet.
(7)
Points of access or egress to the site shall be limited
to not more than two for each 100 feet or major fraction thereof of
lot frontage and each such driveway shall have a minimum width of
24 feet if intended for two-way vehicular movement and 12 feet if
intended for one-way movement.
(8)
All parking lots shall be lighted after sunset throughout
the hours when they will be used by the public. Such lighting shall
not exceed an intensity of five footcandles nor shall such lighting
be less than 1.5 footcandles at pavement level. Such lighting shall
be hooded or shielded to reflect the light away from abutting or neighboring
residential property.
K.
Note 11: Gas stations shall be permitted by special
exception permit (a conditional use permit) approved by the Zoning
Board of Adjustment or Planning Board [depending upon the need for
variances and according to N.J.S.A. 40:55D-67 and 40:66D-76 (Chapter
291 of the Laws of New Jersey 1975)], provided that:
(1)
No major repair work shall be performed in the open
and all automobile parts and products for sale shall be stored within
a building. Gasoline or oil sales, changing of tires and other similar
minor servicing shall not be considered major repair work.
(2)
No gasoline pump shall be located closer than 15 feet
to the street line.
(3)
All gasoline and similar substances shall be stored
underground and shall be located at least 25 feet from any property
line other than a street line.
(4)
No gasoline filling station or outdoor pumps shall
be located within 1,000 feet, measured along or across any street
or streets, of a service station or outdoor gasoline pumps serving
the general public or similar establishments then in existence or
for which a building permit shall have been issued.
(5)
No gasoline filling stations or outdoor pumps shall
be located within a two-hundred-foot radius of a school, church or
playground.
(6)
Only one freestanding sign shall be permitted. Such
freestanding sign shall not exceed a height of 30 feet and an area
of 40 square feet.
L.
Note 12: Auto repair garages shall be permitted by
special exception permit (a conditional use permit) approved by the
Zoning Board of Adjustment or Planning Board [depending upon the need
for variances and according to N.J.S.A. 40:55D-67 and 40:55D-76 (Chapter
291 of the Laws of New Jersey 1975)], provided that:
(1)
No major repair work, including the painting of auto
bodies, shall be performed in the open.
(2)
No noise, dust, fumes, odors or other pollutant of
the environment shall be disseminated beyond the building where such
use is conducted.
(3)
No storage of vehicles shall be permitted on the lot,
except those vehicles being stored until repair work is undertaken
or after completion of the work until they are claimed by their owners.
(4)
Any accessory gasoline pumps used for retail sales
purposes shall be subject to all of the requirements for gasoline
stations as required by this chapter.
M.
Note 13: Manufacturing, converting, altering, finishing,
assembling or other handling, storage or distribution of materials
or products shall be permitted, provided that:
(1)
Such industrial activities are of a light-impact nature
and will not exert any deleterious impacts on the environment and
shall be subject to an environmental impact study prepared by a recognized
and qualified specialist selected by the Town of West New York and
at the expense of the applicant if such study will be deemed necessary
by the Town of West New York.
(2)
Such industrial use shall not constitute a fire, explosion
or other hazard; nor shall water, air or noise pollution result from
the operation thereof. No noise, smoke, gas, dust, fumes, odor or
atmospheric pollutant or radiation shall be disseminated beyond the
building in which such use is conducted.
(3)
Such industrial use, including any storage of materials
or equipment, shall be conducted within a fully enclosed building.
N.
Note 14: All applications for development of 10 or
more new multifamily residential units must comply with guidelines
of the Town of West New York for the provision of affordable housing
in accordance with the provision of the Council on Affordable Housing.
[Added 6-21-1989 by Ord. No. 1849]
O.
Note 15: Minimum frontage for all uses: For all uses
in the C-R, Retail and Service Commercial District, a minimum frontage
of 25 feet is required. Only one permitted use per floor shall be
allowed within this required frontage. Additional street frontage
of at least 25 feet shall be required for each additional permitted
use.
[Added 7-2-1997 by Ord. No. 17/97]
P.
Note 16: Fences and walls may be erected anywhere
on a lot, subject to the following provisions:
[Added 7-21-1999 by Ord. No. 11/99; amended 4-21-2016 by Ord. No.
4/16]
(1)
No fence may be erected in a residential, commercial or mixed-use
building front yard. For corner lots, the front yard shall be that
yard which faces the primary entrance to the residence or commercial
or mixed-use building. In the side and rear yards of residential,
commercial and mixed-use properties, a fence may be erected to a maximum
height of six feet.
(2)
Except where specifically prohibited under the terms of this or any
other applicable chapter or regulations of the Town, nothing herein
shall be construed to prohibit the uses of the hedges, trees or other
planting anywhere on the lot.
(3)
A zoning permit shall be required for the construction of any fence
six feet or less. The fee for this permit is $75, and the penalty
for failing to obtain this permit shall be a minimum of $50.
(4)
A building permit is required for the construction of any fence over
six feet.
(5)
An application to construct a fence must be obtained from the Building
Department. This application must be submitted to the Building Department,
with a current survey of the property, and show the proposed location
of the fence. A copy of the license of the contractor who will be
installing the fence shall also be submitted. The survey of the property
shall be no more than 10 years old.
Q.
Note 17: Infill Development District.
[Added 5-12-2008 by Ord. No. 7/08[1]]
(1)
Lot dimensions. There shall be frontage on any two
streets bordering the property with a minimum dimension on each street
frontage of 100 feet.
(2)
Yards and setbacks. Setbacks of buildings for all
yards, front, rear and side, shall be a minimum 10 feet at the ground
level through the top of the third floor level, and shall be a minimum
of 15 feet above that level.
(3)
Height. The height of all structures shall be limited
by the permitted density of development, setbacks and floor area ratio
provisions.
(4)
Density and floor area ratios. The maximum density
of residential development shall be 140 residential dwelling units
per acre. The maximum commercial or retail development shall be 5%
of the residential floor area, and it shall be limited to the first,
second and basement levels. The overall floor area ratio of all development
shall be limited to a ratio of 5 to 1, except that development may
exceed 5 to 1 up to a limit of 7 to 1 where half of the floor area
above 5 to 1 is utilized for the provision of affordable housing to
include workforce housing.
(5)
Lot coverage. Lot coverage by principal buildings
shall not exceed 55%. The building coverage may be increased to 90%
if parking is located within the building. The total impervious surface
coverage shall not exceed 90% in any case.
[1]
Editor's Note: This ordinance also provided
that the Infill Development District shall apply only to Block 29
of the Official Tax Map of the Town of West New York.
R.
Note 18: Sheds may be erected, subject to the following provisions:
[Added 4-21-2016 by Ord.
No. 4/16]
(1)
All sheds 100 square feet or less shall require the issuance of a
zoning permit.
(2)
No shed shall be installed that is higher than 12 feet as measured
from grade level. A shed shall not be installed within three feet
of a rear or side property line or within 10 feet of another structure.
(3)
No shed shall be installed in the front yard or side yard leading
to the rear yard.
(4)
An application for the installation of the shed shall be obtained
from the Building Department. The application must be submitted with
a current survey of the property and show the location of the proposed
shed. A current survey shall be no more than 10 years old. A copy
of the license of the contractor who is installing the shed shall
be submitted with the application.
(5)
The permit fee for the shed shall be $75, and the penalty for failing
to obtain this permit shall be a minimum of $50.
