Editor's Note: Zoning was codified in the 1972 Code as
Chapter XXXIII. The Zoning Chapter as adopted by Ordinance No. O-95-12
is contained herein. Amendments noted where applicable.
[Ord. No. O-95-12, § 33-1.1]
This chapter shall be known and may be cited as the Zoning Regulations
of the City of Bayonne.
[Ord. No. O-95-12, § 33-1.2]
This chapter is adopted under the authority of the Municipal
Land Use Law, and it is the purpose and intent of this chapter to
effectuate the purposes of that Act as they apply to the City of Bayonne,
including, but not limited to, the following:
a.
To exercise municipal action in a manner which will effectively guide
the appropriate use or development of all lands in this City, so as
to best promote the public health, safety, morals and general welfare.
b.
To preserve the City from avoidable fire, flood, panic and other
natural and man-made disasters.
c.
To provide adequate light, air, and open space.
d.
To provide sufficient space in appropriate locations for a variety
of agricultural, residential, recreational, commercial and industrial
uses and open space, both public and private, according to their respective
environmental requirements in order to meet the needs of all Bayonne
citizens.
e.
To promote the conservation of historic sites and districts, open
space, energy resources and natural resources; to prevent urban sprawl
and degradation of environment through improper land uses; and to
insure the establishment of appropriate population densities and concentrations.
f.
To locate, design and utilize transportation routes and systems in
conjunction with land use that will best serve the City's development.
g.
To use creative development and design techniques to promote a desirable
visual environment.
h.
To promote and encourage a broad range of housing choices and residential
growth.
i.
To coordinate public development, private development and land use
policies in order to encourage the efficient use of land and to reduce
expenditures of public funds.
j.
To promote the utilization of renewable energy sources and the maximum
recovery and recycling of materials from municipal solid waste.
[Ord. No. O-95-12, § 33-1.3]
The provisions of this chapter shall be considered as minimum
requirements, and conflicting laws of a more restrictive nature shall
supersede any provisions of this chapter. Conflicting laws of a less
restrictive nature, or those conflicting in other ways than degrees
of restrictiveness, are hereby repealed.
In all cases, the provisions and definitions of the Municipal
Land Use Law shall guide the interpretation, administration and enforcement
of this chapter.
[Ord. No. O-95-12 § 33-1.4]
If any section, paragraph, subdivision, clause or provision
of this chapter shall be adjudged invalid, such adjudication shall
apply only to the section, paragraph, subdivision, clause or provision
so adjudged and the remainder of this chapter shall be deemed valid
and effective.
[Ord. No. O-95-12 § 33-3.1; Ord. No. O-97-43; Ord.
No. O-01-19 § 3; 3-18-2020 by Ord. No. O-20-20]
For the purposes of this chapter, the City of Bayonne is hereby
divided into zone districts, as follows:
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R-1
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Single Family Residential District
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R-2
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Detached/Attached Residential
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R-3
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Medium Density Residential District
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R-M
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High Density Residential District
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WD
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Waterfront Development District
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WR
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Waterfront Recreational
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C-1
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Neighborhood Commercial District
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C-2
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Community Commercial District
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CBD
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Central Business District
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ORS
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Office/Retail Service
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UBD
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Uptown Business District
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H-C
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Highway Commercial/Selected Light Industrial
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TDD
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Transit Development Zone
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TDO
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Transit Development Overlay Zone
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IL-A
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Light Industrial District
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IL-B
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Light Industrial District
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I-H
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Heavy Industrial District
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BMHD
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Bayonne Metropolitan Harbor District
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H-1
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Hospital District
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[Ord. O-95-12 § 33-3.2; Ord. No. O-97-43 § 4; Ord. No. O-00-34; Ord.
No. O-01-19 § 3; Ord.
No. O-14-14; Ord. No. O-20-03; Ord. No. O-20-33]
a.
Adoption of the Zoning Map. The boundaries of the Zoning districts
are hereby established as shown on the Zoning Map which accompanies
this chapter and which, with all notations, references, and other
information shown thereon, shall be as much a part of this chapter
as if fully described herein and shall be known as the Zoning Map
of the City of Bayonne, dated February 28, 2001.
Editor's Note: The Zoning Map referred to herein is included as an attachment to this chapter. Such map may be amended periodically by an ordinance duly adopted according to law.
b.
Amendments to the Zoning Map.
1.
Pursuant to Ordinance No. O-14-14, the Transit Development District
has been amended to include Block 268, Lot 2.
2.
Pursuant
to Ordinance No. O-20-03, the City Engineer and the City Planner created
an updated City Zoning Map that is digital, in-color and more accessible
to the public but does not make any boundary changes.
3.
Pursuant
to Ordinance No. O-20-33, an area of land, fronting on John F. Kennedy
Boulevard and bounded by Leo Slyvious Road and West 58th Street, on
the City's Zoning Map that has no zoning designation is given the
designation of R-2.
[Ord. No. O-95-12 § 33-3.3; Ord. No. O-01-19 § 3]
a.
The zone district boundary lines shown on the City Engineer and the
City Planner created an updated City Zoning Map that is digital, in-color
and more accessible to the public but does not make any boundary changesthe
Zoning Map are intended to follow property lines existing at the date
of the adoption of the map, the center line of street right-of-ways
and municipal boundary lines as applicable.
b.
In all cases where a district boundary is located not farther away
than 10 feet from a lot line of record, the boundary shall be construed
to coincide with such line.
c.
In case of uncertainty or disagreement as to the precise location
of any zone district boundary line, the determination thereof shall
lie with the Zoning Board of Adjustment.
[Ord. No. O-95-12 § 33-4.1]
a.
Conformity with Regulations. No land or premises may be used and
no building or structure may be erected, razed, moved, extended, altered,
enlarged, used and/or substituted for any purposes other than in conformity
with the regulations herein specified for the district in which it
is located.
b.
Uses Not Permitted Are Prohibited. Any use not listed as a permitted
principal use, conditional use, and/or accessory use by this chapter,
or otherwise required to be permitted by law, shall be deemed to be
prohibited.
c.
Continuance. Nothing contained in this chapter shall require any
change in the plans, construction or designated use of a building
for which a valid construction permit has been heretofore issued or
plans for which are on file with the Construction Official at the
time of the effective date of this chapter, and a permit for the erection
of which is issued within 30 days after the effective date of this
chapter and the construction of which, in either case, shall have
been diligently prosecuted within six months of the date of such permit,
and the ground storm framework of which, including the second tier
of beams shall be completed within such six months, and which entire
building shall have been completed according to such plans as filed
within one year from the date of the effective date of this chapter.
[Ord. No. O-95-12 § 33-4.2;
amended 7-19-2023 by Ord. No. O-23-29]
[Ord. No. O-95-12 § 33-4.3]
No permit shall be granted for a building or use if the design
or construction of the same involves or is likely to involve exceptional
risks of traffic congestion, public safety or hazard. If the design
or construction of any building or use is so markedly incongruous
with the character of the neighborhood as to materially affect the
value of adjacent or nearby property, the Construction Code Official
or Zoning Officer shall deny the permit and refer the applicant to
the Board of Adjustment which shall act thereon.
[Ord. No. O-95-12 § 33-4.4]
The regulations with regard to use provisions of this chapter
shall not apply to uses or facilities developed by municipal agencies,
other than the Municipal Housing Authority, provided that yard requirements
are maintained for the district in which the use is located.
[Ord. No. O-95-12 § 33-4.5]
a.
Permits Required. No building or structure, shall be erected, razed,
moved, extended, enlarged, or altered until a construction permit
has been issued by the Construction Official. No construction permit
shall be issued unless it is in complete conformity with this and
all other applicable ordinances, statutes, and regulations, unless
permission for such variation is granted by the approving authority
as provided by law.
b.
Demolition of Existing Structures. No building, structure, or part
thereof shall be demolished until a permit has been granted by the
Construction Code Official.
[Ord. No. O-95-12 § 33-4.6]
The conversion of existing buildings or structures to a use
permitted in the zone district in which the building or structure
is located shall be regulated to the same extent as a new building
or structure constructed in the zone district.
[Ord. No. O-95-12 § 33-4.7]
a.
New and Altered Structures. No building, structure or premises, or
a combination of same hereafter erected, altered, extended or enlarged
shall be occupied or used until a certificate of occupancy has been
issued by the Construction Official, indicating that the use is lawful
and that all work has been completed in accordance with the permit,
the approved plans, and the provisions of this chapter.
b.
Change in Use. A new certificate of occupancy shall be required for
any change in use, including a change from one permitted use to another
kind of permitted use in the same zone. The certificate of occupancy
shall be issued by the Construction Official indicating that the use
is permitted both in the building as constructed and for the district
in which the use is to be maintained.
c.
Existing Uses or Structures. No building, structure or premises may
be used or occupied for any purpose following transfer of ownership
prior to the issuance of a certificate of continued occupancy in accordance
with provisions of the New Jersey Uniform Construction Code. Nothing
in this section shall prevent the continued lawful use and occupancy
of any lawfully existing building or structure.
d.
Temporary Certificate of Occupancy. Where a building, structure,
or premises is completed or sections are completed and safe for human
occupancy, the Construction Official, with the approval of the Zoning
Officer, may issue a temporary certificate of occupancy for that portion
of the building, structure, or premises while work proceeds to bring
the entire building into compliance with municipal codes. Such temporary
authorization may contain restrictions to ensure the timely completion
of the work and to protect the health and safety of the occupants.
[Ord. No. O-95-12 § 33-4.8]
Every building or structure hereafter erected or moved shall
be on a lot adjacent to a public street, or with access to an approved
private street, and all structures shall be so located as to provide
safe and convenient access for servicing and fire protection.
a.
State Highway Access. Access to land adjacent to State highways shall
conform to the State Highway Access Management Code adopted by the
Commissioner of Transportation under Section 3 of the "State Highway
Access Management Act," P.L. 1989. (N.J.S.A. 27:7-91).
b.
County Road and Highway Access. Access to land adjacent to County
roads and highways shall conform to any access management code adopted
by the County under N.J.S.A. 27:16-1.
c.
Municipal Street and Highway Access. Access to land adjacent to municipal
streets and highways shall conform to any municipal access management
code adopted under N.J.S.A. 40:67-1.
[Ord. No. O-95-12 § 33-4.9]
The principal entrance of all buildings shall be construed as
the front of the building. The principal entrance of detached or semi-detached
dwellings, or townhouses shall front on a dedicated street.
[Ord. No. O-95-12 § 33-4.10]
No driveway access servicing a nonresidential use shall be permitted
through a residential lot or zone unless otherwise permitted under
this chapter.
[Ord. No. O-95-12 § 33-4.11]
No lot in the R-1, R-2 or R-3 zone districts shall contain more
than one principal building. No building to be used as a dwelling
shall be constructed, altered, or moved in front of or to the rear
of any other building used as a dwelling situated on the same lot.
[Ord. No. O-95-12 § 33-4.12]
Except as provided by paragraph a2 below, all accessory buildings and structures shall comply with the bulk requirements of subsection 35-5.26, inclusive of area, yard and height provisions.
a.
Residential Districts. Accessory buildings customary and incidental
to a principal building shall be permitted provided that the following
requirements are met:
1.
That building coverage of the accessory building or structure does
not exceed that of the principal structure.
2.
The accessory building may be located in any required side or rear
yard, provided that a minimum setback of three feet is maintained
to any property line.
3.
No accessory building or structure on a corner shall interfere with
safe sight distance for vehicular traffic at an intersection.
4.
No accessory building or structure shall be erected on a lot not
containing a principal building or structure.
5.
No accessory building structure or part thereof, shall be used for
dwelling purposes.
b.
Nonresidential Districts. Accessory buildings and structures shall
be permitted provided that the following requirements are met:
1.
No accessory building shall be located in a required yard setback.
2.
Accessory buildings on corner lots shall not be closer than the building
line of the adjacent principal structure, nor interfere with safe
sight distance for vehicular traffic at an intersection.
3.
No accessory building or structure shall be erected on a lot not
containing a principal building or structure.
4.
No accessory structure shall be designed for dwelling purposes.
[Ord. No. O-95-1, § 33-4.13]
On any corner lot, no fence, structure, or shrubbery over 36
inches in height, nor any tree whose crown is lower than 10 feet in
height above grade shall be erected or maintained which shall interfere
with traffic visibility around a corner. This shall not apply to intersections
whose angle exceeds 135°.
[Ord. No. O-95-12 § 33-4.14; Ord. No. O-01-19 § 4]
a.
Residential Districts. In residential districts, fences and walls
other than retaining walls shall be permitted in accordance with the
following requirements:
1.
Fences and walls on any side or rear property line shall not exceed
six feet in height.
2.
No fence in a residential district shall contain barbed wire.
3.
Fences and walls on any front property line shall not exceed four
feet in height, nor impede safe sight distance around the corner.
4.
Fences and walls on corner lots may be a maximum of six feet for
1/2 the lot depth constituting the side property line relating to
the principal entrance to the building and further provided that the
remainder of fencing along such lot line or front lot line shall not
exceed 36 inches in height.
5.
Fences shall be installed so that the "finished," or better, side
of any fence faces the street or adjacent property.
b.
Commercial Districts. Fences and walls other than retaining walls
shall be permitted in accordance with the following requirements:
1.
Fences and walls on side or rear property lines shall not exceed
10 feet in height.
2.
Fences abutting residential properties shall be made of solid fencing
material intended to screen the view of the commercial use from the
residential lot.
3.
Fences and walls located along frontages abutting street rights-of-way
shall be of decorative materials and not exceed four feet in height.
4.
Fences and walls located on corner lots shall not impede safe sight
distance around a corner.
c.
Industrial Districts. Fences and walls other than retaining walls
shall be permitted in accordance with the following restrictions:
1.
Fences and walls may be located in any yard, provided they do not
exceed 12 feet in height inclusive of any additional apparatus such
as barbed wire.
2.
Chain link fences abutting street rights-of-way shall be visually
obscured by planting material.
3.
Fencing located on corner lots shall not impede nor obscure sight
distance around a corner.
[Ord. No. O-95-12 § 33-4.15]
Temporary uses may be authorized by the Zoning Officer permitting
the use of trailer, mobile home, or other similar use incidental to
construction projects including the storage of building supplies and
machinery and a temporary real estate office, provided that overnight
sleeping accommodations are not included and adequate arrangements
for sanitary facilities are made. Such uses shall be conditioned upon
a bonded agreement by the owner or developer to remove and/or discontinue
such uses upon expiration of the permit.
[Ord. No. O-95-12 § 33-4.16]
No cellar or part thereof as defined in this chapter shall be
used or occupied as a separate dwelling unit. Basement apartments
may be permitted provided that the floor level of the basement is
not more than three feet below grade, and otherwise meets applicable
local and State standards.
[Ord. No. O-95-12 § 33-4.17]
Grades on any lot upon which new construction is to be carried
out shall be comparable with the existing grades and drainage system
such as to provide adequate drainage on the property. All grading
shall be designed to slope away from walls of proposed or existing
structures and to prevent run-off of surface water onto adjacent properties.
[Ord. No. O-95-12 § 33-4.18; Ord. No. O-09-28 § 2]
Except in connection with normal construction work for which
site plan approval has been granted, or for work exempt from site
plan approval, where permits have been granted, the removal or filling
of soils or changing of grade shall be permitted only under a renewable
annual permit issued by the Division of Engineering, provided that
the proposed operation and the conditions of the excavated or filled
site shall not be detrimental to surrounding land uses or public health.
Conditions may be imposed to ensure such operations do not pose any
hazards.
[Ord. No. O-95-12 § 33-4.19]
Street improvements such as curbs, sidewalks, driveway openings,
and aprons, and drainage systems shall comply with City standards
and any such regulatory requirements deemed necessary by the City
Engineer.
[Ord. No. O-95-12 § 33-4.20]
a.
Structures to House Garbage Dumpsters. Garbage dumpsters shall be
housed within a structure consisting of a concrete base or pad and
four walls consisting of solid fencing material or masonry construction
or a combination thereof, of which one wall be movable to permit access
to the dumpster. The height of such walls or fences shall be at least
six feet, but not greater than eight feet.
b.
Location of Structures Housing Dumpsters. The location of any structure
housing a garbage dumpster shall comply with the following requirements:
1.
No structure housing a garbage dumpster shall be located within any
front yard except in nonresidential districts where the front yard
is used as the primary parking area. Any such structure permitted
in a front yard shall be located at least 20 feet from a front property
line.
2.
The structure shall be located at least five feet from any rear or
side property line.
3.
The structure shall be located at least 10 feet from any property
line of a lot used for residential purposes or within a residential
zone district.
4.
Garbage dumpsters shall be located so as to permit access by the
collection vehicle without the vehicle extending onto a public right-of-way.
[Ord. No. O-95-12 § 33-4.21]
Vending machines shall be permitted outside the confines of
a building as a permitted accessory structure in commercial districts
only if the following requirements are complied with:
a.
The machine is accessory to the principal use of the property. No
machines shall be located on a lot without a principal structure.
b.
The machine is in conformance with all yard requirements of the zone
district in which it is located.
c.
Any signage advertising the products sold shall be an integral part
of the machine itself and shall only be illuminated internally.
d.
The machines shall be set back at least five feet from any parking
area, driveway or street and further be separated by curbing, bollards,
railing, concrete platforms or similar means.
[Added 3-17-2021 by Ord. No. O-21-13; amended 4-20-2022 by Ord. No. O-22-15]
Cannabis establishments shall be permitted, pursuant to this chapter and in accordance with Chapter 39, Recreational Cannabis.
[Ord. No. O-95-12 § 33-4.23]
Satellite earth stations shall be permitted as an accessory
structure in all zone districts. No such apparatus shall be permitted
on a lot without a principal structure or building.
a.
All Districts. Satellite earth stations located in any zone district
shall comply with the following requirements:
1.
Unless more strictly regulated by this section, comply with all applicable
height, yard, setback, and bulk requirements for accessory structures.
2.
No satellite dish surface shall be utilized for the purposes of business
or advertising signage.
3.
No satellite dish shall exceed 12 feet in diameter.
4.
No lot shall contain more than one satellite dish antenna.
b.
Residential Districts. In residential zone districts, satellite dish
antennas shall comply with the following requirements:
1.
Roof mounted dish antennas located in residential zones shall not
exceed two feet in diameter.
2.
Unless otherwise provided satellite dish antennas may be located
only in a rear yard.
3.
Satellite dish antennas shall not be located closer than six feet
from any side or rear property line and on corner lots, no closer
than 10 feet from any street right-of-way.
4.
Satellite dish antennas shall be effectively screened by plantings
and/or fencing, continually maintained, in order that to the greatest
extent possible, the apparatus is not visible from adjacent property
or public streets.
c.
Nonresidential Districts. In nonresidential districts, satellite
dish antennas shall comply with the following requirements:
1.
Satellite dish antennas may be roof mounted or located in any side
or rear yard.
2.
No roof-mounted antenna shall be greater in height than 15 feet measured
from the base of the antenna to its highest point, or 25% of the existing
height of the building, whichever the lesser.
3.
No permit shall be granted for a roof mounted satellite dish without
a certification from a licensed structural engineer that the proposed
installation is in compliance with all applicable building codes,
including load distributions within the building's support structure.
4.
Ground mounted satellite dish antenna shall be effectively screened
from any residentially zoned lot or a lot used for residential purposes
and from any street right-of-way.
[Ord. No. O-95-12, § 33-4.24; Ord. No. O-97-04, § 2]
Except in heavy industrial zones, placement of trailers as defined in this chapter on any lot for purposes of storage shall be prohibited except as provided by subsection 35-4.15.
In heavy industrial zones, any legally registered trailer, conveying
materials related to the principal use, mounted on a chassis with
wheels shall be permitted. No such trailer shall remain parked on
said premises for longer than 90 days.
[Ord. No. O-95-12 § 33-4.25;
O-16-38 § 33-4.25; Ord. No. O-16-57; Ord. No. O-17-07]
a.
A home professional occupation, as defined in Chapter 33, Planning and Development Regulations Section 33-2, may be permitted within a dwelling unit, subject to the following requirements:
1.
For any premises not registered with the City of Bayonne as of June
1, 2017 as having a home professional occupation the proprietor or
professional of the home occupation shall reside in the dwelling unit.
2.
For any premises registered with the City of Bayonne as a having
a home professional occupation as of June 1, 2017, the proprietor
or professional of the home occupation shall not have to reside in
the dwelling unit and said home professional occupation may be sold
or transferred free of the residence requirement set forth above subject
to and limited by the information set forth on the registration form
as of June 1,2017.
3.
The use shall be clearly incidental and secondary to the residential
use shall not change the character of use as a dwelling.
4.
For any premises not registered with the City of Bayonne as of June
1, 2017 as having a home professional occupation, no more than 50%
of the dwelling unit floor area shall be used for the home professional
occupation.
5.
For any premises registered with the City of Bayonne as having a
home professional occupation as of June 1, 2017, no more than the
percentage of the dwelling unit floor area set forth on the registration
shall ever be used for the home professional occupation.
6.
For any premises not registered with the City of Bayonne as of June
1, 2017 as having a home professional occupation, in two family dwellings,
home professional occupations may occupy one of the dwelling units
provided the proprietor resides in the other unit and the home occupation
does not occupy more than 50% of the total floor area of the structure,
exclusive of attics and basements.
7.
For any premises registered with the City of Bayonne as having a
home professional occupation as of June 1, 2017, in two family dwellings,
home professional occupations may occupy one of the dwelling units,
the proprietor does not have to reside in the other and no more than
the percentage of the dwelling unit floor area set forth on the registration
shall ever be used for the home professional occupation.
8.
For any premises not registered with the City of Bayonne as of June
1, 2017 as having a home professional occupation, a home professional
occupation shall be located on a single floor, and not be located
in a cellar or attic space.
9.
For any premises registered with the City of Bayonne as a having
a home professional occupation as of June 1, 2017, a home professional
occupation shall be located on a single floor, but may have storage
space in a cellar or attic space. In no event, however, shall the
storage space ever exceed that which is set forth on the registration
form as of June 1, 2017.
10.
For any premises registered with the City of Bayonne as a having
a home professional occupation as of June 1, 2017, said home professional
occupation may be sold or transferred subject to and limited by the
information set forth on the registration form as of June 1, 2017.
11.
There shall be no change in the outside appearance of the building or premises giving evidence to the conduct of the home professional occupation, other than signage in accordance with Section 35-25.
12.
There shall be no on-premises distribution, delivery, or storage
of goods or equipment in connection with such home professional occupation,
except that this shall not prohibit occasional delivery of goods and
equipment incidental to, but not an integral part of, such home occupation.
13.
For any premises not registered with the City of Bayonne as of June
1, 2017 as having a home professional occupation, there shall be no
more than one nonresident employed at the premises in connection with
the home professional occupation.
14.
For any premises registered with the City of Bayonne as a having
a home professional occupation as of June 1, 2017, there shall be
no more nonresidents employed at the premises in connection with the
home professional occupation than are set forth on the registration
as of June 1, 2017.
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The proprietor or professional of the home occupation shall
present evidence of ownership or the written consent of the owner
of the premises prior to issuance of a permit to conduct a home professional
occupation under this section.
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b.
Nothing in this section shall be construed to limit, prohibit or
regulate the occasional part-time use of a residence for the purpose
of studying or working on papers in connection with a business or
for the purpose of making or receiving telephone calls or using a
computer in connection with work.
c.
The City Clerk shall have on file a list of all home professional
occupation dwelling registrations filed with the City of Bayonne as
of June 1, 2017 and this list shall be the exclusive and sole list
of all such dwellings for the purpose of determining whether or not
a home professional occupation may exist or be sold in accordance
with the more liberal standards set forth above and all dwellings
set forth on said list shall be limited to the information set forth
within the registration on file as of June 1, 2017.
[Ord. No. O-95-12 § 33-4.26; Ord. No. O-01-19 § 5]
No owner, operator or lessee of any building in a nonindustrial
district shall install on the front exterior of the building any security
gate or door including any sliding, rolling or folding gate or door.
All such gates or doors should be located on the interior of the structure
or building, inside the glass line of window openings or glass openings
in exterior doors, and should be open-link type so that interiors
are visible when gates are closed.
[Ord. No. O-95-12 § 33-4.27]
It is the applicant's responsibility to conform to all applicable
State, County, and local regulations that could affect a particular
application.
[Ord. No. O-95-12 § 33-4.28]
Lots apportioned in accordance with law prior to August 21, 1969, shall be exempt from the minimum lot size and area requirements of this chapter. Planning Board approval shall not be required with respect to lot size. Notwithstanding such exemption buildings must conform to the front and rear yard, height and coverage requirements of subsection 35-5.26.
[Ord. No. O-95-12, § 33-4.29]
a.
Pay telephones shall be permitted outside the confines of a building
as a permitted structure.
b.
Pay telephones which encroach upon a public right-of-way may be permitted
provided such installation is in compliance with the following:
1.
No pay telephone shall be permitted to rest upon, in or over any
street or sidewalk when such installation, use or maintenance:
(a)
Unreasonably interferes with or impedes the flow of pedestrians
or vehicular traffic, including any legally parked or stopped vehicles;
or
(b)
Unreasonably interferes with the ingress or egress from any
residence or place of business; or
(c)
Interferes with the use of traffic signs or signals, hydrants
or mailboxes permitted at or near the location.
2.
In residential zones, no pay telephones which encroach on a public
right-of-way shall be permitted on the same side of the street within
200 feet of each other.
3.
In all other zones, no pay telephones which encroach on a public
right-of-way shall be permitted on the same side of the street within
100 feet of each other.
4.
Before receiving a permit for installation of a pay telephone which
encroaches on a public right-of-way an applicant shall provide the
City of Bayonne with a certificate of liability insurance naming the
City of Bayonne as an additional insured in limits of at least $1,000,000
for each occurrence at no cost to the City of Bayonne. The Zoning
Officer may require the removal of any pay telephone installed pursuant
to this section for failure to maintain the required liability insurance
hereunder.
[Ord. No. O-95-12 § 33-5.1]
a.
Bulk, Area, Yard and Height Requirements. The bulk requirements, inclusive of area, yard and height restrictions for uses in all districts shall comply with the provision of subsection 35-5.26.
b.
Off-Street Parking and Loading. Off-street parking and loading for uses in all districts shall be provided in accordance with the requirements of Section 35-17.
c.
Signage. Customary accessory signs are permitted in all districts subject to the provisions of Section 35-25.
[Ord. No. O-95-12 § 33-5.2; Ord. No. O-01-19 § 6; Ord. No. O-11-18]
c.
Permitted Accessory Uses.
d.
Conditional Uses. Subject to the provisions of Schedule II in subsection 35-5.28.
1.
Religious institutions: churches, synagogues, mosques, temples, convents,
rectories, etc.
2.
Educational institutions: Private and public elementary schools.
3.
Community residences for the developmentally disabled; community
shelters for victims of domestic violence; community residences for
the terminally ill and community residences for persons with head
injuries.
4.
Public utility facilities.
e.
Area, Yard and Structure Requirements.
[Amended 11-10-2020 by Ord. No. O-20-58]
|
1.
|
Minimum area:
|
3,000 square feet
|
(interior lot)
|
4,000 square feet
|
(corner lot)
|
|
2.
|
Minimum lot fronting:
|
30 feet
|
(interior lot)
|
40 feet
|
(corner lot)
|
|
3.
|
Minimum frontage setback:
|
20 feet
|
(interior lot)
|
20 feet
|
(corner lot)
|
|
4.
|
Minimum rear yard setback:
|
20 feet
|
(interior lot)
|
20 feet
|
(corner lot)
|
|
Accessory Structure:
|
3 feet
|
(interior lot)
|
3 feet
|
(corner lot)
| |
|
5.
|
Minimum Side Yard Setback
| ||||
|
Principal Structure
|
3 feet, except that the combination of both side yards must
be at least 6 feet
| ||||
|
Accessory Structure
|
3 feet
| ||||
|
6.
|
Maximum structure height:
|
35 feet and not exceeding 2 1/2 stories
| |||
|
Principal Structure
|
35 feet and not exceeding 2 1/2 stories
| ||||
|
Accessory Structure
|
15 feet and not exceeding 1 1/2 stories
| ||||
|
7.
|
Maximum lot coverage of principal and accessory structure
|
70%
| |||
f.
Special Requirements.
1.
All applicants for development in this zone may opt to use "prevailing"
building setback; front yard setback; side yard setback and/or rear
yard setback in accordance with the following:
To establish "prevailing" setbacks for all or any of the above
mentioned yard dimensions, the applicant must produce documentation,
including:
(a)
A map prepared by a licensed N.J. surveyor that shows existing
lots around the subject application per the City of Bayonne Tax Maps.
(b)
A table showing only lots in the same zone as the subject property
and the intended measured dimensions to be reviewed by City officials.
(c)
All lots within the entire City block on both sides of the street
as the subject parcel should be shown in the table.
|
The "prevailing" setback dimensions shall be a measurement which
exists for 65% of all existing lots. To further explain, 65% of all
compatible structures must exhibit a dimension which equals or is
less than the setback established for the proposed application.
|
|
If a prevailing dimension cannot be established, the standard
setback dimension shall be utilized.
|
[Ord. No. O-01-19 § 7
[33-5.3]; Ord. No. O-07-22 § 1; Ord. No. O-11-18]
c.
Permitted Accessory Uses.
1.
Private sheds and other structures customarily associated with a
residential use.
3.
Private parking garages for residential uses, not to accommodate
more than three automobiles per single-family dwelling nor more than
four automobiles per two-family dwelling or two-family townhouse.
4.
Private parking garage for not more than one commercial van or truck,
not exceeding 12,000 pounds in gross weight and used exclusively by
the occupants of the principal dwelling provided that all other off-street
parking requirements are met.
d.
Conditional Uses. Subject to the provisions of Schedule II of subsection 35-5.28.
1.
Additions, alterations and improvements to existing attached one-
and two-family townhouses provided the use remains one- or two-family
residential, the structural addition conforms to required or pre-existing
bulk standards and the expansion is no greater than 33% of existing
floor area.
2.
Religious institutions: churches, synagogues, mosques, temples, convents,
rectories, etc.
3.
Educational institutions: Private and public elementary schools.
4.
Community residences for the developmentally disabled; community
shelters for victims of domestic violence; community residences for
the terminally ill and community residences for persons with head
injuries.
5.
Hospital facilities, and their customary accessory structures and
facilities.
6.
Accessory parking on lots abutting commercial zone districts.
7.
Fraternal organizations, lodges, community centers and other similar
quasi-public uses.
8.
Public utility facilities associated with a permitted principal use.
e.
Area, Yard and Structure Requirements.
[Amended 8-19-2020 by Ord. No. O-20-45; 11-10-2020 by Ord. No. O-20-58]
|
1.
|
Minimum lot area:
| |||
|
Detached Single-Family
|
3,000 square feet (interior lot)
|
4,000 square feet
|
(corner lot)
| |
|
Detached Two-Family
|
3,000 square feet (interior lot)
|
4,000 square feet
|
(corner lot)
| |
|
2.
|
Minimum lot frontage:
| |||
|
Detached Single-Family
|
30 feet (interior lot)
|
40 feet
|
(corner lot)
| |
|
Detached Two-Family
|
30 feet (interior lot)
|
40 feet
|
(corner lot)
| |
|
3.
|
Minimum front yard setback:
| |||
|
Detached Single-Family
|
20 feet (interior lot)
|
20 feet
|
(corner lot)
| |
|
Detached Two-Family
|
20 feet (interior lot)
|
20 feet
|
(corner lot)
| |
|
4.
|
Minimum rear yard setback:
| |||
|
Detached Single-Family
|
20 feet (interior lot)
|
20 feet
|
(corner lot)
| |
|
Detached Two-Family
|
20 feet (interior lot)
|
20 feet
|
(corner lot)
| |
|
Accessory Structure (all uses)
|
3 feet (interior lot)
|
3 feet
|
(corner lot)
| |
|
5.
|
Minimum Side Yard Setback (all uses)
|
3 feet, except that the combination of both side yards must
be at least 6 feet
| ||
|
Accessory Structure: (all uses)
|
3 feet
| |||
|
6.
|
Maximum structure height (all uses)
| |||
|
Principal Structure
|
35 feet and not exceeding 2 1/2 stories
| |||
|
Accessory Structure
|
15 feet and not exceeding 1 1/2 stories
| |||
|
7.
|
Maximum lot coverage
|
70%
| ||
f.
Special Requirements.
1.
All applicants for development in this zone may opt to use "prevailing"
building setback for front yard setback only after consultation with
the City Planner, City Engineer and City Zoning officer.
To establish "prevailing" setbacks for all or any of the above
mentioned yard dimensions, the applicant must produce documentation,
including:
(a)
A map prepared by a licensed N.J. surveyor that shows existing
lots around the subject application per the City of Bayonne Tax Maps.
(b)
A table showing only lots in the same zone as the subject property
and the intended measured dimensions to be reviewed by City officials.
(c)
All lots within the entire City block on both sides of the street
as the subject parcel should be shown in the table.
|
The "prevailing" setback dimensions shall be a measurement which
exists for 65% of all existing lots. To further explain, 65% of all
compatible structures must exhibit a dimension which equals or is
less than the setback established for the proposed application.
|
|
If a prevailing dimension cannot be established, the standard
setback dimension shall be utilized.
|
[Ord. No. O-01-19 § 8
[33-5.4]; Ord. No. O-011-18]
a.
Permitted Uses.
1.
Detached single-family dwellings.
2.
Two-family detached dwellings.
3.
One-family attached townhouses, with a minimum of two and a maximum
of six dwelling units per structure. No more than one unit shall be
permitted on an individual lot.
4.
Two-family attached townhouses, with a minimum of four and a maximum
of six dwelling units per structure. No more than two units shall
be permitted on an individual lot.
5.
Multiple family dwellings including three-to six-family dwellings
and low rise apartment buildings.
6.
Home occupations.
7.
Family day care homes.
8.
Essential services.
c.
Permitted Accessory Uses.
1.
Private sheds and other structures customarily associated with a
residential use.
3.
Private parking garages for residential uses, not to accommodate
more than three automobiles per single-family dwelling nor more than
four automobiles per two-family dwelling or two-family townhouse.
4.
Private parking garage for not more than one commercial van or truck,
not exceeding 12,000 pounds in gross weight and used exclusively by
the occupants of the principal dwelling provided that all other off-street
parking requirements are met.
5.
Off-street parking areas for multifamily developments.
6.
Recreation facilities associated with multifamily developments.
d.
Permitted Conditional Uses. The permitted conditional uses shall comply with the conditional use requirements of Schedule II in subsection 35-5.28, Conditional Uses.
1.
Religious institutions: churches, synagogues, mosques, temples, convents,
rectories, etc.
2.
Educational institutions: Private and public elementary schools.
3.
Community residences for the developmentally disabled; community
shelters for victims of domestic violence; community residences for
the terminally ill and community residences for persons with head
injuries.
4.
Hospital facilities, and their customary accessory structures and
facilities.
5.
Accessory parking on lots abutting commercial zone districts.
6.
Fraternal organizations, lodges, community centers and other similar
quasi-public uses.
7.
Public Utility facilities.
e.
Area, Yard and Structure Requirements.
[Amended 11-10-2020 by Ord. No. O-20-58]
|
1.
|
Minimum area:
| ||||
|
Detached Single Family
|
3,000 square feet
|
(interior lot)
|
4,000 square feet
|
(corner lot)
| |
|
Detached Double Family
|
3,000 square feet
|
(interior lot)
|
4,000 square feet
|
(corner lot)
| |
|
Single family townhouse
|
2,000 square feet
|
(interior lot)
|
3,000 square feet
|
(corner lot)
| |
|
Double family townhouse
|
2,500 square feet
|
(interior lot)
|
3,000 square feet
|
(corner lot)
| |
|
Low Rise Apartments
|
1,000 square feet per unit
|
1,000 square feet per unit
| |||
|
2.
|
Minimum lot fronting:
| ||||
|
Detached Single Family
|
30 feet
|
(interior lot)
|
40 feet
|
(corner lot)
| |
|
Detached Double Family
|
30 feet
|
(interior lot)
|
40 feet
|
(corner lot)
| |
|
Single family townhouse
|
20 feet
|
(interior lot)
|
30 feet
|
(corner lot)
| |
|
Double family townhouse
|
25 feet
|
(interior lot)
|
30 feet
|
(corner lot)
| |
|
Low Rise Apartments
|
75 feet
| ||||
|
3.
|
Minimum frontage setback:
| ||||
|
Detached Single Family
|
20 feet
|
(interior lot)
|
20 feet
|
(corner lot)
| |
|
Detached Double Family
|
20 feet
|
(interior lot)
|
20 feet
|
(corner lot)
| |
|
Single family townhouse
|
20 feet
|
(interior lot)
|
20 feet
|
(corner lot)
| |
|
Double family townhouse
|
20 feet
|
(interior lot)
|
20 feet
|
(corner lot)
| |
|
Low Rise Apartments
|
(none)
| ||||
|
4.
|
Minimum rear yard setback:
| ||||
|
Detached Single Family
|
20 feet
|
(interior lot)
|
20 feet
|
(corner lot)
| |
|
Detached Double Family
|
20 feet
|
(interior lot)
|
20 feet
|
(corner lot)
| |
|
Single family townhouse
|
20 feet
|
(interior lot)
|
20 feet
|
(corner lot)
| |
|
Double family townhouse
|
20 feet
|
(interior lot)
|
20 feet
|
(corner lot)
| |
|
Low Rise Apartments
|
20 feet
|
(interior lot)
|
20 feet
|
(corner lot)
| |
|
Accessory Structure: (all uses)
|
3 feet
|
(interior lot)
|
3 feet
|
(corner lot)
| |
|
5.
|
Minimum Side Yard Setback (all uses)
|
3 feet, except that the combination of both side yards must
be at least 6 feet
| |||
|
Low Rise Apartments
|
none
|
none
| |||
|
Accessory Structure: (all uses)
|
3 feet
| ||||
|
6.
|
Maximum structure height
| ||||
|
Principal Use
| |||||
|
Detached Single Family
|
35 feet and not exceeding 2 1/2 stories
| ||||
|
Detached Double Family
|
35 feet and not exceeding 2 1/2 stories
| ||||
|
Single family townhouse
|
35 feet and not exceeding 2 1/2 stories
| ||||
|
Double family townhouse
|
35 feet and not exceeding 2 1/2 stories
| ||||
|
Low Rise Apartments
|
40 feet, not exceeding 3 1/2 stories
| ||||
|
Accessory Use
| |||||
|
Low Rise Apartments
|
20 feet and not exceeding 2 stories
| ||||
|
All other Uses
|
15 feet and not exceeding 1 1/2 stories
| ||||
|
7.
|
Maximum lot coverage of principal and accessory structure
|
70%
| |||
|
8.
|
Floor Area Ratio
| ||||
|
Low Rise apartments
|
1.5
| ||||
|
All other Uses
|
(none)
| ||||
f.
Special Requirements.
1.
All applicants for development in this zone may opt to use "prevailing"
building setback; front yard setback; side yard setback and/or rear
yard setback in accordance with the following:
To establish "prevailing" setbacks for all or any of the above
mentioned yard dimensions, the applicant must produce documentation,
including:
(a)
A map prepared by a licensed N.J. surveyor that shows existing
lots around the subject application per the City of Bayonne Tax Maps.
(b)
A table showing only lots in the same zone as the subject property
and the intended measured dimensions to be reviewed by City officials.
(c)
All lots within the entire City block on both sides of the street
as the subject parcel should be shown in the table.
|
The "prevailing" setback dimensions shall be a measurement which
exists for 65% of all existing lots. To further explain, 65% of all
compatible structures must exhibit a dimension which equals or is
less than the setback established for the proposed application.
|
|
If a prevailing dimension cannot be established, the standard
setback dimension shall be utilized.
|
[Ord. No. O-01-19 § 9
[33-5.5]; Ord. No. O-11-18]
a.
Permitted Uses.
1.
Detached single family dwellings.
2.
Two family detached dwellings.
3.
One family attached townhouses, with a minimum of two and a maximum
of six dwelling units per structure. No more than one unit shall be
permitted on an individual lot.
4.
Two-family attached townhouses, with a minimum of four and a maximum
of six dwelling units per structure. No more than two units shall
be permitted on an individual lot.
5.
Multiple family dwellings including three- to six-family dwellings
and low rise apartment buildings.
6.
High rise apartment buildings.
7.
Home occupations.
8.
Family day care homes.
9.
Essential services.
c.
Permitted Accessory Uses.
1.
Private sheds and other structures customarily associated with a
residential use.
3.
Private parking garages for residential uses, not to accommodate
more than three automobiles per single family dwelling nor more than
four automobiles per two family dwelling or two-family townhouse.
4.
Private parking garage for not more than one commercial van or truck,
not exceeding 12,000 pounds in gross weight and used exclusively by
the occupants of the principal dwelling provided that all other off-street
parking requirements are met.
5.
Off-street parking areas for multifamily developments.
6.
Recreation facilities associated with multifamily developments.
d.
Permitted Conditional Uses. The permitted conditional uses shall comply with the conditional use requirements of Schedule II in subsection 35-5.28, Conditional Uses.
1.
Religious institutions: churches, synagogues, mosques, temples, convents,
rectories, etc.
2.
Educational institutions: Private and public elementary schools.
3.
Community residences for the developmentally disabled; community
shelters for victims of domestic violence; community residences for
the terminally ill and community residences for persons with head
injuries.
4.
Hospital facilities, and their customary accessory structures and
facilities.
5.
Accessory parking on lots abutting commercial zone districts.
6.
Fraternal organizations, lodges, community centers and other similar
quasi-public uses.
7.
Public Utility facilities.
e.
Area, Yard and Structure Requirements.
[Amended 8-19-2020 by Ord. No. O-20-45; 11-10-2020 by Ord. No. O-20-58]
|
1.
|
Minimum area:
| ||||
|
Detached Single Family
|
3,000 square feet
|
(interior lot)
|
4,000 square feet
|
(corner lot)
| |
|
Detached Double Family
|
3,000 square feet
|
(interior lot)
|
4,000 square feet
|
(corner lot)
| |
|
Single family townhouse
|
2,000 square feet
|
(interior lot)
|
3,000 square feet
|
(corner lot)
| |
|
Double family townhouse
|
2,500 square feet
|
(interior lot)
|
3,000 square feet
|
(corner lot)
| |
|
Low Rise Apartments
|
1,000 square feet per unit
|
1,000 square feet per unit
| |||
|
High Rise Apartments
|
400 square feet per unit
| ||||
|
2.
|
Minimum lot fronting:
| ||||
|
Detached Single Family
|
30 feet
|
(interior lot)
|
40 feet
|
(corner lot)
| |
|
Detached Double Family
|
30 feet
|
(interior lot)
|
40 feet
|
(corner lot)
| |
|
Single family townhouse
|
20 feet
|
(interior lot)
|
30 feet
|
(corner lot)
| |
|
Double family townhouse
|
25 feet
|
(interior lot)
|
30 feet
|
(corner lot)
| |
|
Low Rise Apartments
|
75 feet
| ||||
|
High Rise Apartments
|
100 feet
| ||||
|
3.
|
Minimum frontage setback:
| ||||
|
Detached Single Family
|
20 feet
|
(interior lot)
|
20 feet
|
(corner lot)
| |
|
Detached Double Family
|
20 feet
|
(interior lot)
|
20 feet
|
(corner lot)
| |
|
Single family townhouse
|
20 feet
|
(interior lot)
|
20 feet
|
(corner lot)
| |
|
Double family townhouse
|
20 feet
|
(interior lot)
|
20 feet
|
(corner lot)
| |
|
Low Rise Apartments
|
(none)
| ||||
|
High Rise Apartments
|
1/2 Building Height
| ||||
|
4.
|
Minimum rear yard setback:
| ||||
|
Detached Single Family
|
20 feet
|
(interior lot)
|
20 feet
|
(corner lot)
| |
|
Detached Double Family
|
20 feet
|
(interior lot)
|
20 feet
|
(corner lot)
| |
|
Single family townhouse
|
20 feet
|
(interior lot)
|
20 feet
|
(corner lot)
| |
|
Double family townhouse
|
20 feet
|
(interior lot)
|
20 feet
|
(corner lot)
| |
|
Low Rise Apartments
|
20 feet
|
(interior lot)
|
20 feet
|
(corner lot)
| |
|
High Rise Apartments
|
1/2 Building Height
| ||||
|
Accessory Structure: (All Uses)
|
3 feet
|
(interior lot)
|
3 feet
|
(corner lot)
| |
|
5.
|
Minimum Side Yard
| ||||
|
Principal Structure
| |||||
|
High Rise Apartments
|
1/2 Building Height
| ||||
|
All other uses
|
3 feet, except that the combination of both side yards must
be at least 6 feet
| ||||
|
Accessory Structure:
| |||||
|
All Uses:
|
3 feet
| ||||
|
6.
|
Maximum structure height
| ||||
|
Principal Use
| |||||
|
Detached Single Family
|
35 feet and not exceeding 2 1/2 stories
| ||||
|
Detached Double Family
|
35 feet and not exceeding 2 1/2 stories
| ||||
|
Single family townhouse
|
35 feet and not exceeding 2 1/2 stories
| ||||
|
Double family townhouse
|
35 feet and not exceeding 2 1/2 stories
| ||||
|
Low Rise Apartments
|
40 feet, not exceeding 3 1/2 stories
| ||||
|
High Rise Apartments
|
160 feet, not exceeding 14 stories
| ||||
|
Accessory Use
| |||||
|
Low Rise Apartments
|
20 feet and not exceeding 2stories
| ||||
|
High Rise Apartments
|
30 feet and not exceeding 3 stories
| ||||
|
All other Uses
|
15 feet and not exceeding 2 1/2 stories
| ||||
|
7.
|
Maximum lot coverage of principal and accessory structure
|
70%
| |||
|
8.
|
Floor Area Ratio
| ||||
|
Low Rise apartments
|
1.5
| ||||
|
High Rise Apartments
|
1.8
| ||||
|
All other Uses
|
(none)
| ||||
[Ord. No. O-95-12, § 33-5.5a; Ord. No. O-97-04, § 3]
a.
Intent and Purpose. The Waterfront Development District is designed
to allow for Planned Unit Development (PUD) of areas with a minimum
contiguous area of 20 acres or more in locations with water exposure
such as the vacant land at the southwestern tip of Bergen Point. This
land with water exposure on almost three sides is ideally suited for
planned development in order to realize the water amenities of the
site, to develop the area as a single entity according to a comprehensive
plan, and to provide viable land uses to one of the few large vacant
areas of Bayonne. A plan may contain one or more residential clusters
or planned unit residential developments and one or more public, quasi-public
or commercial areas in such ranges or ratios of nonresidential uses
to residential uses as are specified herein.
The purpose of the Waterfront Development District shall be
to encourage innovations in residential and nonresidential development
and promote flexibility and economy in the layout and design of buildings.
b.
Permitted Principal Uses. Permitted uses in the Waterfront Development
District shall include Planned Unit Developments which include one
or more of the following uses:
1.
Single family attached dwellings, or townhouses.
2.
Two family dwellings, or duplexes.
3.
Multiple family dwellings.
4.
Small scale retail stores and shops principally to serve residents
of the district and surrounding neighborhoods.
5.
Restaurants.
6.
Theaters.
7.
Offices, business, professional or governmental.
8.
Medical/nursing care facility.
9.
Commercial recreation uses.
10.
Marinas, docks, boardwalks, wharfs and bulkheads used in connection
with a use in the district.
11.
Public and private boat launches.
c.
Required Conditions. The following requirements must be complied
with in this zone.
1.
Ownership. Any tract proposed for Planned Unit Development in the
Waterfront Development District shall be not less than 20 acres and
shall be in single ownership or under such unified control as to ensure
that the entire tract will be developed as a unified whole. All owners
of the tract shall be included as joint applicants on all applications
and all approvals shall bind all owners. The violation of any owner
as to any tract shall be deemed a violation as to all owners and all
tracts.
2.
Compatibility with Plans and Vicinity. Planned unit developments
in the Waterfront Development District shall be planned and developed
to be in harmony with the general purposes, goals, objectives and
standards of this Zoning Ordinance, to avoid any substantial or undue
adverse effect upon adjacent property, the character of the neighborhood,
traffic conditions, parking, utility facilities and other matters
affecting the health, safety, and welfare of the City residents; to
avoid any domination of the immediate vicinity or interference with
the development and use of neighboring property in accordance with
applicable zone designations, and to avoid any destruction, loss or
damage of natural, scenic or historic features of significant importance.
3.
Contribution for Off-Tract Water, Sewer Drainage and Street Improvements. Any developer of any parcel within the waterfront development district shall be required to pay his pro-rata share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities and easements therefore located outside of the development but necessitated or required by construction or improvements within such development. Such pro-rata share shall be apportioned and adequate security shall be required in accordance with the provisions of subsection 33-9.5, Off-Tract and Off-Site Improvements of Chapter 33, Planning and Development Regulations of the Revised General Ordinances of the City of Bayonne.
d.
Setback and Height Requirements.
1.
Height and District Boundary Line Setback Requirements.
(a)
Height Requirements. Building height maximum requirements shall
be as follows:
|
Single family attached and duplexes
|
2.5 stories or 30 feet
|
|
Townhouses
|
2.5 stories or 30 feet
|
|
Multiple family dwellings
|
8 stories or 80 feet
|
|
Nonresidential buildings
|
4 stories or 45 feet
|
|
Medical/nursing care facility
|
6 stories or 70 feet
|
(b)
Building setback from district boundary line.
(1)
Residential use setback. All residential uses, including medical
or nursing care facilities providing overnight treatment, shall be
located a minimum of 375 feet from the boundary line of any Heavy
Industrial (I-H) District.
(2)
Multiple family dwellings exceeding six stories 70 feet in height
shall be located a minimum of 500 feet from the boundary line of any
Heavy Industrial (I-H) District.
(3)
All buildings exceeding two stories 30 feet in height shall
be located a minimum of 200 feet from the boundary line of any Heavy
Industrial (I-H) District.
2.
Yard Setback and Minimum Lot Areas. Yard setback and minimum lot
areas shall be as follows:
(a)
As per the requirements of the R-3 District for residential
uses listed in the R-3 District.
(b)
For cluster, zero lot line or patio homes, a minimum setback
of 20 feet shall be maintained from all external roads; internal yard
and setback requirements shall be determined at the time of site plan
application except that driveways shall have a minimum length of 20
feet.
(c)
In its review of the proposed yard and setback requirements,
the Planning Board shall insure through other agencies that the building
meets fire code standards, or any local or State public health and
safety requirements. In its review of proposed yards and setbacks,
the Planning Board shall make sure that the development is compatible
with and sensitive to the character of adjacent or neighboring land
uses in terms of the design, orientation, scale, bulk and heights
of the buildings and uses proposed. Potential conflicts shall be mitigated
by provision within the planned unit development of adequate setbacks
and buffering between the development and neighboring uses.
3.
Maximum Density or Intensity of Development. Gross residential density
shall not exceed 30 dwelling units per acre of residential area.
The maximum nonresidential intensity or lot area, excluding
marine-oriented uses, shall be no greater than 20% of the development.
The total floor area of all nonresidential buildings shall not exceed
180% of the nonresidential lot area. Retail uses shall not exceed
50% of the total nonresidential floor area.
In the cases of a planned development to be developed in sections
or stages, the gross density, or overall intensity of any section
or sections may exceed these maximum standards provided it is offset
by a lower density or intensity for subsequent sections.
4.
Coverage.
(a)
Coverage of residential building shall not exceed 30% of the
residential area. The maximum impervious coverage in residential areas
shall be limited to 50%.
(b)
Coverage of all other buildings shall not exceed 40% of the
nonresidential area. The maximum impervious coverage in nonresidential
areas shall be limited to 80%.
(c)
Commercial building shall be set back a minimum distance of
20 feet from exterior lot line.
5.
Buffers Adjacent to I-H District. Wherever the WD Waterfront Development
District boundary adjoins an I-H Heavy Industrial Zoning District,
a buffer area shall be provided of not less than 100 feet in width.
50% of the required buffer width closest to the district boundary
shall be provided with a continuous berm, which shall be not less
than six feet in height. When breaks in the berm are required to provide
for adequate drainage, berm sections shall overlap to provide an unbroken
visual screen. Berms shall be laid out in a curvilinear manner to
replicate soft, natural landforms. No slope shall exceed a ratio of
three foot horizontal distance to one foot vertical distance. A shallowly
convex crest, a minimum of 20 feet in width, shall be formed on all
berms. Berms shall be planted with a mixture of 40% deciduous and
60% evergreen trees and shrubs so as to provide an opaque year-round
visual screen after three years' growth, when viewed at an elevation
of five to six feet above the top of the berm. The plantings in the
buffer areas shall consist of low-maintenance plants, which are adaptable
to the soil and climatic conditions of the site. Hardy, non-invasive,
disease resistant, and long-lived species, which require little pruning
are preferred. Deciduous material used for continuous screening purposes
shall not be of a species which is typically killed to the ground
in winter. Buffer plantings shall be placed within a continuous mulched
bed. No single planting bed shall exceed 200 feet in length. Ends
of sequential beds shall be arranged in an overlapping manner to protect
the integrity of the visual buffer. The following sizes shall be minimums
at installation: evergreen trees shall be six feet in height, shade
trees shall be two inches in caliper, flowering trees shall be eight
feet in height, upright shrubs shall be 2 1/2 feet in height,
spreading shrubs shall be 18 inches in spread. The maximum shrub spacing
shall be no more than five feet on center for shrubs with an average
spread of up to eight feet. Spacing of up to 10 feet on center may
be allowed for large shrubs which attain mature spreads of over eight
feet within five years of planting. A three inch layer of mulch shall
be placed in all planting areas to help retard weed growth, help the
soil retain moisture, and become a natural soil additive when annually
cultivated into the soil. The remaining 50% of the buffer width may
be used for parking, circulation, or open space, but shall not be
used for any buildings intended for human occupancy.
6.
Buffers Adjacent to the IL-A District. Wherever the WD Waterfront
Development District boundary adjoins an IL-A Light Industrial Zoning
District, including situations in which uses are separated by an intervening
public street, a buffer area shall be provided of not less than 25
feet in width. The portion of the tract which is closest to the district
boundary shall be provided with a solid visual planting screen which
shall be unbroken except for openings necessary to provide for driveways,
walkways and adequate sight distances. This screen shall consist of
a mixture of deciduous and evergreen trees and shrubs, planted to
the specifications of subparagraph d5 above, except that berming is
not required and the five to six-foot high opaque year-round visual
screen shall be measured from ground level. An opaque, decorative
masonry wall of not less than six feet in height may be substituted
for the high level landscaped buffer adjacent to an IL-A District
upon the approval of the Planning Board. In the event a decorative
masonry wall is selected, the remaining portion of the buffer yard
shall be planted with deciduous and evergreen trees, shrubs, lawn,
ground cover, and other plantings provided, however, that an opaque
visual screen need not be obtained. No portion of the required buffer
yard shall be utilized for any buildings intended for human occupancy
or for off-street parking.
e.
Off-Street Parking and Loading. Off-street parking and loading for uses in this district shall be provided in accordance with the requirements of Section 35-17.
f.
Signs.
1.
For residential buildings, an identification sign of four square
feet shall be permitted.
2.
An entrance sign of 12 feet identifying the Planned Unit Development
is permitted.
3.
A freestanding sign shall not exceed a height of 12 feet from the
ground level to the top of the sign.
4.
For nonresidential buildings, one sign mounted flush on wall up to
12 square feet or 15% of front facade whichever is less.
g.
Common Open Space. Common open space, consisting of at least 30%
of the overall site shall be provided, preserved, and/or improved
in a manner which maximizes its benefits to the character and quality
of the uses therein. Common open space shall be arranged in a manner
which preserves and draws benefits from environmentally sensitive
features on the site. Common space may include passive, active recreational
amenities and marinas.
Lands included as common open space shall encompass all areas
that are not used for buildings, streets, off-street parking and loading
areas and may include yard, setback and buffer areas, pedestrian walkways,
outdoor and covered plazas and eating areas.
Common open space areas shall be owned permanently, preserved
and maintained either through (a) common ownership by a Homeowner's
Property, or Condominium Owner's Association or Associations which
assume full responsibility for their maintenance; or (b) deed-restricted
private ownership which precludes against subsequent subdivision or
development of the common open space areas and provides the maintenance
responsibility; or (c) a combination thereof; or interest therein
as it may accept for public use or maintenance. All Homeowner's Property,
or Condominium Owner's Associations established to own and maintain
common open space shall operate in accordance with the rules and guidelines
under N.J.S.A. 40:55D-43.
h.
Procedural Requirements. Applications for and approval of planned unit development shall be in accordance with general development provisions as well as the Planned Unit Development application and approval provisions of Chapter 33, Planning and Development Regulations of the Revised General Ordinances.
[Ord. No. O-97-43, § 3; Ord. No. O-01-19 § 10 [33-5.6]]
a.
Intent and Purpose. The Planned Waterfront Recreation (WR) District
is designed to allow for planned commercial recreational development
in appropriate areas with a minimum contiguous tract of 45 acres or
more located along the waterfront. The land is ideally suited for
recreational development in order to provide needed public access
and recreational opportunities along the waterfront. The purpose of
the Planned Waterfront Recreation District shall be to facilitate
development of recreation facilities.
e.
Area, Yard and Structure Requirements.
1.
Minimum tract area: 45 acres.
2.
Minimum lot size: one acre.
3.
Minimum setback for buildings: 35 feet to a property line or water
line.
4.
Minimum setback for recreational facilities, including tees/fairways/greens/cartpaths:
35 feet to a zone line or property line.
5.
Maximum impervious coverage: 50% per planned development tract; 70%
per individual lot.
[Amended 11-10-2020 by Ord. No. O-20-58]
6.
Maximum open space: as required by paragraph e of this subsection.
7.
Maximum height: 2 1/2 stories or 40 feet and not exceeding a
maximum ground elevation of 50 feet above sea level.
f.
Other Requirements.
1.
Planned Development. Any tract proposed for development in the Planned
Waterfront Recreation District shall not be less than 45 acres and
shall be in single-ownership or under such unified control as to ensure
that the entire tract will be developed as a unified whole. All owners
of the tract shall be included as joint applicants on all applications
and all approvals shall bind all owners. A violation by any owner
as to any tract shall be deemed a violation as to all owners whose
tracts are part of the application.
2.
Public Access.
(a)
A Waterfront Walkway easement measuring a minimum of 30 feet
in width shall be provided along the waterfront.
(b)
A paved walkway at least 16 feet in width shall be provided
within the easement.
(c)
The walkway shall be designed to conform to the Hudson River
Waterfront Walkway Technical Design Standards prepared by the New
Jersey Department of Environmental Protection.
3.
Open Space. This district proposes a mix of recreational uses together
with supporting facilities. To maximize the quality and character
of the waterfront amenities and the intended recreation purposes,
at least 50% of the overall planned development site shall be devoted
to open space improvements and preservation. Open space may include
lands devoted to any uses permitted in the area and shall include
all lands under private ownership as well as any land which may be
dedicated to public use.
Lands included as open space shall encompass all areas that
are not used for buildings, streets or off-street parking and loading
areas and may include, by way of example and not limitation, yard,
setback and buffer areas, pedestrian walkways, outdoor and covered
plazas and eating areas, fishing piers, marinas and wildlife sanctuaries.
4.
Contribution for Off-Tract Water, Sewer, Drainage and Street Improvements. Any developer of any parcel within the WR District shall be required to pay his or her pro-rata share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities and easements therefor located outside of the development but necessitated or required by construction of improvements within such development. Such pro-rata share shall be apportioned and adequate security shall be required in accordance with the provisions of subsection 33-9.5, Off-Tract and Off-Site Improvements of Chapter 33, Planning and Development Regulations of the Revised General Ordinances of the City of Bayonne.
5.
Procedural Requirements. Applications for and approval of development within the WR District shall be in accordance with the general development provisions and approval provisions of Section 33-4 of Chapter 33, Planning and Development Regulations of the Revised General Ordinances of the City of Bayonne.
6.
Off-Street Parking and Loading. Off-street parking and loading for uses in this district shall be provided in accordance with the requirements of Section 35-17. The required number of parking spaces for uses not indicated in Section 35-17 shall be determined by the Board based upon submission of a traffic study.
[Ord. No. O-01-19 § 11
[33-5.7]; Ord. No. O-05-35 § 1;
amended 3-17-2021 by Ord. No. O-21-13; 4-20-2022 by Ord. No. O-22-15]
a.
Permitted Uses.
2.
Personal service establishments limited to:
3.
Professional offices.
4.
Business offices.
5.
Neighborhood restaurants (pedestrian oriented).
6.
Primary liquor service establishment.
7.
Printing, desktop publishing or book binding.
8.
Government offices including Federal, State, County or Municipal
buildings and grounds, but excluding schools.
9.
Lodges, clubs and fraternal organizations.
10.
Dwelling apartment uses on floors above the street level floor, provided,
however, each dwelling apartment shall have a minimum of 600 square
feet of habitable floor area, and shall have no more than two bedrooms.
11.
Essential services.
12.
(Reserved)
[Cannabis retailers was repealed 4-20-2022 by Ord. No. O-22-15. History includes Ord.
No. O-21-13.]
e.
Yard and Structure Requirements.
1.
Minimum lot area: No requirements.
2.
Minimum lot frontage: 30 feet.
3.
Minimum front setback: No requirements.
4.
Minimum rear setback: 20 feet.
5.
Minimum Side Yard Setback: No requirements, except abutting a residential
zone district or existing residential use: 10 feet.
6.
Maximum structure height: 35 feet and not exceeding three stories.
[Ord. No. O-01-19 § 12
[33-5.8]]
a.
Permitted Uses.
1.
All permitted principal uses in the C-1 District.
2.
Fully enclosed retail shops and stores:
(a)
Appliance stores.
(b)
Antique stores, provided no auctions are conducted on the premises.
(c)
Art galleries and artist supply stores.
(d)
Bakeries or baker's outlets.
(e)
Banks, building and loan associations or similarly chartered
financial institutions.
(f)
Carpet, rug, and linoleum stores.
(g)
Display rooms for mail order sales.
(h)
Dry goods stores.
(i)
Medical and optometric supply stores.
(j)
Office supply stores.
(k)
Paint and wallpaper stores.
(l)
Pet shops, with no kennel or breeding facilities, limited to
1,500 square feet of floor area.
(m)
Sporting goods stores.
(n)
Supermarkets, with no animal or fowl killing or live storage.
(o)
Wearing apparel shops.
(p)
Plumbing sales and contracting.
5.
Planned shopping centers, containing permitted uses in this district,
as well as department stores, movie theaters, indoor recreation facilities
and discount stores, subject to the bulk and density regulations of
this chapter.
e.
Area, Yard and Structure Requirements.
1.
Minimum area: No requirements.
2.
Minimum lot fronting: 30 feet.
3.
Minimum front setback: No requirements.
4.
Minimum rear yard setback: 20 feet.
Accessory Structure:
5.
Minimum side yard setback: No requirements except abutting a residential
zone district or existing residential use: 10 feet.
6.
Maximum structure height: 35 feet and not exceeding three stories.
7.
Maximum lot coverage of principal and accessory structure: 60%.
f.
Special Requirements.
1.
Limited Commercial Overlay Zone District. Based on the fact that
billboard messages are constitutionally protected free speech and
that the State of New Jersey has adopted the Roadside Sign Control
and Outdoor Advertising Act (N.J.S.A. 27:5-5 et seq.) and Regulations
(N.J.A.C. 16:41C-1.1 et seq.) to balance the need to control and regulate
roadside signs and outdoor advertising, promote the scenic beauty
of the state, provide for the safety and convenience of the public
and the need to stimulate economic and commercial activity within
the State of New Jersey and because the City in the past prohibited
billboards everywhere within its municipal boundaries; the City Zoning
Ordinance is amended to permit billboards in certain areas adjacent
to the New Jersey Turnpike known as a Limited Commercial Overlay Zone
District where it is believed that billboards are an appropriate permitted
use; will have no impact on residential uses or zones within the City
and will have no impact if provided as a limited commercial use.
2.
A limited commercial use billboard is one consisting of the following
elements and criteria:
(a)
The billboard is no more than 200 feet from the New Jersey Turnpike
property line.
(b)
The billboard is designed and constructed for the advertising
surface to be viewed primarily by motorists from the New Jersey Turnpike.
(c)
The billboard shall be no closer than 200 feet from a residential
zone.
(d)
The maximum height of the billboard shall be 50 feet as measured
from the finished elevation of the New Jersey Turnpike at the point
along the New Jersey Turnpike where the sign is located.
(e)
The minimum distance between billboards shall be 2,000 feet
along the same side of the New Jersey Turnpike.
(f)
A limited commercial use billboard may have two advertising
surfaces, one for each direction of travel on the New Jersey Turnpike.
(g)
The maximum permitted advertising area showing in one direction
shall not exceed 672 square feet. Copy extensions and/or cutouts beyond
the basic billboard shall not exceed 10% of the basic billboard area.
(h)
Lighting for a limited commercial use billboard shall be designed
to restrict glare and spillover to the adjoining areas.
(i)
The applicant shall comply with the Roadside Sign Control and
Outdoor Advertising Act (N.J.S.A. 27:5-5 et seq.) and Regulations
(N.J.A.C. 16:41C-1.1 et seq.), as well as any other applicable statutes,
laws and regulations related to billboards.
3.
Other permitted uses. Because of the Limited Commercial Nature of
the Overlay District, only non-intensive permitted commercial 'C-2'
uses will be permitted in this area. These less intensive uses include:
(a)
Small scale retail stores not exceeding 2,000 square feet in
area.
(b)
Essential services as defined under Chapter 33, Planning and Development Regulations, subsection 33-2.2, Definition of Terms.
|
All other permitted commercial uses in the C-2 Zone District
are restricted except for the permitted conditional uses. Under Conditional
Uses the only conditional use that is restricted is motor vehicle
repair garages due to their intensity.
|
[Ord. No. O-01-19 § 13
[33-5.9.1]; Ord. No. O-05-35 § 1; Ord. No. O-06-14 § 1; amended 3-17-2021 by Ord. No. O-21-13; 4-20-2022 by Ord. No. O-22-15; 10-19-2022 by Ord. No. O-22-35; 8-16-2023 by Ord. No. O-23-40]
a.
Permitted Uses.
1.
Professional office.
2.
Business office.
3.
Retail commercial uses.
4.
Banks and deposit institutions.
5.
Restaurant establishments.
6.
Movie theaters.
7.
Cultural centers.
8.
Dance instruction studios.
9.
Fast food service establishments (pedestrian oriented).
10.
Dwelling apartment uses on floors above the street level floor, provided,
however, each dwelling apartment shall have a minimum of 600 square
feet of habitable floor area, and shall have no more than two bedrooms.
11.
Essential services.
12.
Government offices.
13.
Fitness centers, health spas, gymnasiums and establishments offering
sports and recreation instruction including but not limited to baseball,
martial arts and soccer.
14.
(Reserved)
[Cannabis retailers was repealed 4-20-2022 by Ord. No. O-22-15. Prior history includes Ord. No. O-21-13.]
15.
All
permitted principal uses in the C-1 District.
e.
Area, Yard and Structure Requirements.
1.
Minimum area: 3,000 square feet.
2.
Minimum lot frontage: 30 feet.
3.
Minimum front yard setback: zero.
4.
Minimum rear yard setback: 20 feet.
Accessory Structure: five feet.
5.
Minimum side yard setback: zero or prevailing (see paragraph f below)
6.
Maximum structure height: five stories and 55 feet.
7.
Maximum lot coverage of principal and accessory structure: 70%.
[Amended 11-10-2020 by Ord. No. O-20-58]
8.
Maximum floor area ratio: 4.0.
9.
Maximum floor area ratio with bonus densities: 4.50.
f.
Special Requirements.
1.
FAR Bonus Densities.
|
Use/Facility Improvement
|
Bonus Ratio
|
FAR Cap
|
|---|---|---|
|
Day-care center/nurseries
|
1:5
|
0.20
|
|
Historic preservation
|
1:10
|
0.25
|
|
Streetscape design improvement
|
1:10
|
0.25
|
|
Renovation of front building facade
|
1:5
|
0.20
|
|
Development of new compatible signage
|
1:10
|
0.25
|
|
Plaza improvement
|
1:8
|
0.50
|
|
Gateway design and improvement
|
1:8
|
0.50
|
|
All of the above FAR bonus densities cannot exceed 0.50 in any
combination for any one development application.
|
3.
All applications for development in this zone on properties abutting
or contiguous with Broadway must not utilize curb cuts along the roadway
in order to preserve the integrity and continuity of the streetscape
within this zone district.
4.
All applications for development in this zone are limited to providing
parking only in rear yard. Parking in the front yard is prohibited.
[Ord. No. O-01-19 § 13
[33-5.9.2]; Ord. No. O-05-35 § 1; Ord. No. O-06-14 § 1; amended 3-17-2021 by Ord. No. O-21-13; 4-20-2022 by Ord. No. O-22-15; 10-19-2022 by Ord. No. O-22-35]
a.
Permitted Uses.
1.
Professional and medical office.
2.
Business office.
3.
Banks and deposit institutions.
4.
Boutique (retail stores).
5.
Other retail commercial uses with exception of thrift stores; pawn
shops and shops which offer for sale fire arms and/or ammunition;
massage parlors; tattoo parlors and palm reading and psychics.
6.
Dwelling apartment uses on floors above the street level floor, provided,
however each dwelling apartment shall have a minimum of 600 square
feet of habitable floor area, and shall have no more than two bedrooms.
7.
Fitness centers, health spas, gymnasiums and establishments offering
sports and recreation instruction including but not limited to baseball,
martial arts and soccer.
8.
(Reserved)
[Cannabis retailers was repealed 4-20-2022 by Ord. No. O-22-15. Prior history includes Ord. No. O-21-13.]
e.
Area, Yard and Structure Requirements.
1.
Minimum area: 3,000 square feet.
2.
Minimum lot frontage: 30 feet.
3.
Minimum frontage setback: zero.
4.
Minimum rear yard setback 20 feet.
Accessory Structure: five feet.
5.
Minimum side yard setback: None.
6.
Maximum structure height: 3.5 stories and 45 feet.
7.
Maximum lot coverage of principal and accessory structure: 70%.
[Amended 11-10-2020 by Ord. No. O-20-58]
8.
Maximum floor area ratio: 3.20.
[Ord. No. O-01-19 § 13
[33-5.9.3]; Ord. No. O-05-35 § 1; Ord. No. O-06-14 § 1; amended 3-17-2021 by Ord. No. O-21-13; 4-20-2022 by Ord. No. O-22-15]
a.
Permitted Uses.
1.
Professional and business offices.
2.
Government offices including Federal, State, County or municipal
buildings and grounds.
3.
Lodges and clubs.
4.
Retail commercial uses as in C-1 zone.
5.
Essential services.
6.
Multifamily dwellings on floors above street level floor provided.
7.
Townhouse development.
8.
Fitness centers, health spas, gymnasiums and establishments offering
sports and recreation instruction including but not limited to baseball,
martial arts and soccer.
9.
(Reserved)
[Cannabis retailers was repealed 4-20-2022 by Ord. No. O-22-15. Prior history includes Ord. No. O-21-13.]
e.
Area, Yard and Structure Requirements.
1.
Minimum area: No requirements.
2.
Minimum lot frontage: 35 feet.
3.
Minimum front yard setback: No requirements.
4.
Minimum rear yard setback: 20 feet. Accessory structure: six feet.
5.
Minimum side yard setback: zero.
6.
Maximum structure height: 35 feet and three stories.
7.
Maximum lot coverage of principal and accessory structure: 70%.
[Amended 11-10-2020 by Ord. No. O-20-58]
8.
Maximum floor area ratio: 2.80.
[Ord. No. O-01-19 § 14
[33-5.9A]; amended 3-17-2021 by Ord. No. O-21-13; 4-20-2022 by Ord. No. O-22-15; 9-21-2022 by Ord. No. O-22-31; 10-19-2022 by Ord. No. O-22-35]
a.
Permitted Uses.
1.
Business, Executive and Administrative Offices.
2.
Research and Scientific Laboratories, High Tech/Telecommunications,
Computer/Information Facilities.
3.
Commercial/retail/wholesale establishments.
4.
Printing, Publishing and Bookbinding Establishments.
5.
Light fabrication and assembly uses.
6.
Limousine, Tax and Car Livery Services.
7.
Government offices including Federal, State, County and municipal
buildings and grounds but excluding schools.
8.
Essential services.
9.
Motor Vehicle Repair.
10.
Motor Vehicle Service Station.
11.
New Automobile Sales and Service.
12.
Cannabis cultivator, cannabis manufacturer, cannabis retailers and/or cannabis deliverers licensed by the State of New Jersey and the City of Bayonne only provided that the properties are located East of the Route 440 Corridor. Refer to Chapter 39, Recreational Cannabis.
[Added 3-17-2021 by Ord. No. O-21-13; amended 4-20-2022 by Ord. No. O-22-15; 9-21-2022 by Ord. No. O-22-31]
d.
Conditional Uses. Subject to the provisions of Schedule II in subsection 35-5.28, Conditional Uses:
e.
Area, Yard and Structure Requirements.
[Ord. No. O-01-19 § 15
[33-5.9B]]
a.
Permitted Uses.
1.
Detached and attached single family dwellings.
2.
Detached two-family dwellings.
3.
Multifamily dwellings known as townhouses at a density not to exceed
75 dwelling units per acre.
4.
Multifamily dwellings known as garden apartments or apartment houses
at a density not to exceed 150 dwelling units per acre.
5.
Professional and business offices.
6.
Retail commercial uses not more than 2,500 square feet on the street
level of Avenue "E."
8.
Home professional offices.
9.
Banks and deposit institutions without drive-up facilities.
10.
MXRD (Major Mixed Use Residential Development).
11.
Government offices including federal, state, county or municipal
building and grounds but excluding schools.
12.
Essential services.
13.
(Reserved)
c.
Permitted Accessory Uses.
2.
Private garage space for the limited storage of motor vehicles, provided
that, garages accessory to any use other than detached single and
double family dwellings shall be arranged to open to the side or rear
of the lot.
5.
Private sheds, tool houses, decks, swimming pools and other structures
customarily associated with a residential use when accessory to detached
single and double-family dwellings on a single lot.
d.
Conditional Uses Subject to the Provisions of Schedule II under subsection 35-5.28, Conditional Uses.
e.
Area, Yard and Structure Requirements.
1.
Minimum Lot Area:
(a)
Detached single family (interior) 3,000 square feet.
Detached single family (corner) 4,000 square feet.
(b)
Detached double family (interior) 3,000 square feet.
Detached double family (corner) 4,000 square feet.
(c)
Attached single family 20,000 square feet.
(d)
Garden apartments 45,000 square feet.
(e)
Apartment houses 30,000 square feet.
(f)
Townhouses 25,000 square feet.
(g)
MXRD 42,000 square feet.
(h)
Other uses No requirement.
2.
Minimum Lot Frontage:
(a)
Detached single family (interior) 30 feet.
Detached single family (corner) 40 feet.
(b)
Detached double family (interior) 30 feet.
Detached double family (corner) 40 feet.
(c)
Attached single family 140 feet.
(d)
Garden apartments 150 square feet.
(e)
Apartment houses 150 square feet.
(f)
Townhouses 100 square feet.
(g)
MXRD 150 square feet.
(h)
Other uses 100 square feet.
3.
Minimum Front Yard Setbacks:
(a)
Detached single family 20 feet.
(b)
Detached two-family 20 feet.
(c)
Attached single family 15 feet.
(d)
Garden apartments 40 feet.
(e)
Apartment houses 30 feet.
(f)
Townhouses 25 feet.
(g)
MXRD No requirement.
(h)
Other uses 20 feet.
(i)
In no case shall any structure be less than 40 feet from the
center line of the street.
4.
Minimum Rear Yard Setback:
(a)
Principal structure 20 feet.
(b)
Accessory structure five feet.
(c)
Minimum Side Yard Requirement: (Reserved)
(d)
Maximum structure height: 55 feet and not to exceed five stories
(See Schedule 1).
(e)
Minimum Gross Habitable Floor Area:
One story – 900 square feet.
Two stories – 1,000 square feet per unit with at least
700 square feet of ground floor area
Garden apartments and apartment houses – 1,000 square
feet per unit with at least 600 square feet of ground floor area
Townhouses – 1,000 square feet per unit with at least
700 square feet of ground floor area
(f)
MXRD - (Reserved)
(g)
Other uses - No requirement.
[Ord. No. O-01-19 § 15
[33-5.9C]; amended 10-19-2022 by Ord. No. O-22-35]
a.
Permitted Uses.
1.
Multifamily dwellings known as townhouses at a density not to exceed
90 dwelling units per acre.
2.
Multifamily dwellings known as garden apartments or apartment houses
at a density not to exceed 160 dwelling units per acre.
3.
Professional and business offices.
4.
Retail commercial uses not more than 2,500 square feet on the street
level of Avenue "E."
6.
Home professional offices.
7.
Banks and deposit institutions without drive-up facilities.
8.
MXRD (Major Mixed Use Residential Development)
9.
MXCD (Major Mixed Use Commercial Development)
10.
Government offices including federal, state, county or municipal
building and grounds but excluding schools.
11.
Essential services.
c.
Permitted Accessory Uses.
d.
Conditional Uses: Subject to the provisions of Schedule II in subsection 35-5.28, Conditional Uses:
e.
Area, Yard and Structure Requirements.
5.
Minimum side yard requirement: (Reserved)
6.
Maximum structure height: 75 feet and not to exceed seven stories
(see Schedule I).
7.
Minimum Gross Habitable Floor Area:
(a)
One story: 900 square feet.
(b)
Two stories: 1,000 square feet per unit at least 700 square
feet of ground floor area.
(c)
Garden apartments and apartment houses: 1,000 square feet per
unit with at least 600 square feet of ground floor area.
(d)
Townhouses: 1,000 square feet per unit with at least 700 square
feet of ground floor area.
(e)
MXRD: (Reserved)
(f)
Other uses:: No requirement.
[Ord. No. O-01-19 § 16
[33-5.10]; amended 3-17-2021 by Ord. No. O-21-13; 4-20-2022 by Ord. No. O-22-15]
a.
Permitted Principal Uses.
1.
Business, executive, or administrative offices.
2.
Fully enclosed light manufacturing establishments, including the
manufacture, assembly, packing or treatment of articles on merchandise
from previously prepared materials, including:
3.
Wholesale storage, distribution and trucking services in the IL-B
District only.
4.
Bus terminals.
5.
Research laboratories, including pilot facilities.
8.
(Reserved)
[Cannabis suppliers and retailers was repealed 4-20-2022 by Ord. No. O-22-15. Prior history includes Ord. No. O-21-13.]
b.
Required Accessory Uses. Reserved.
c.
Permitted Accessory Uses.
1.
Accessory structures and uses, such as restaurants, cafeterias, offices,
provided that they are on the lot of the principal use and are customarily
incidental to a permitted principal use or structure.
2.
Storage of building and lumber materials, provided they are properly
screened from adjacent uses.
d.
Permitted Conditional Uses. None.
e.
Area, Yard and Structure Requirements.
1.
Minimum area:
|
IL-A
|
7,500 square feet
|
|
IL-B
|
20,000 square feet
|
2.
Minimum lot fronting:
|
IL-A
|
75 feet
|
|
IL-B
|
100 feet
|
3.
Minimum frontage setback:
|
Both Districts
|
30 feet
|
4.
Minimum rear yard setback:
|
Both Districts
|
20 feet
|
5.
Minimum Side Yard:
|
IL-A District
|
10 feet, except that the combination of both side yards must
be at least 25 feet
|
|
IL-B District
|
20 feet, except that the combination of both side yards must
be at least 50 feet
|
6.
Maximum Height (Both Districts):
|
Principal Structure
|
50 feet and not exceeding 4 stories
|
|
Accessory Structure
|
30 feet and not exceeding 2 stories
|
7.
Floor Area Ratio: None.
8.
Maximum
lot coverage of principal and accessory structures (both districts):
80%.
[Added 11-10-2020 by Ord. No. O-20-58]
[Ord. No. O-95-111 § 35-5.11; Ord. No. O-01-19 § 19 [33-5.11]; Ord. No. O-09-01 § 2; amended 11-10-2020 by Ord. No.
O-20-58; 4-20-2022 by Ord. No. O-22-15; 9-21-2022 by Ord. No. O-22-31]
a.
Permitted Principal Uses.
1.
All permitted principal uses in the IL-A and IL-B Districts, but
not automobile service stations, car wash facilities and new automobile
and motorcycle sales listed as "Other Commercial Uses."
2.
General industrial uses involving primary production from raw materials
such as metals, botanic and other man-made or natural products.
3.
Chemical and petrochemical refining and manufacture.
4.
Tank farms and bulk storage of materials other than flammable and combustible liquids. Flammable and combustible liquids are permitted as conditional uses in accordance with the conditional use standards of Schedule II in subsection 35-5.28, Conditional Uses.
5.
Cannabis cultivator, cannabis manufacturer, cannabis retailer and/or cannabis deliverer licensed by the State of New Jersey and the City of Bayonne only provided that the properties are located East of the Route 440 Corridor and excluding the following blocks and lots in the I-H as follows: Refer to Chapter 39, Recreational Cannabis.
[Added 4-20-2022 by Ord. No. O-22-15; 9-21-2022 by Ord. No. O-22-31]
(a)
Block 360, Lots 1 and 2.
(b)
Block 332, Lots 1, 2, 2.01, 3, 4, 5, 6 and 7.
(c)
Block 333.01, Lot 7.
(d)
Block 511, Lots 2, 3, 4, 5 and 6.
(e)
Block 333.03, Lots 1, 2, 3 and 4.
(f)
Block 333.02, Lots 1, 2.01, 3, 4, and 5.
(g)
Block 311.01, Lots 5, 6, 9, 10.01, 11 and 12.
(h)
Block 311.02, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10.
(i)
Block 301.01, Lots 1 and 6.
(j)
Block 301.04, Lot 3.
(k)
Block 301.02, Lots 4.02, 5, 6, 7, 8, 9 and 10.01.
b.
Required Accessory Uses. Reserved.
d.
Permitted Conditional Uses. Subject to conditional use standards of Schedule II in subsection 35-5.28, Conditional Uses:
1.
Tank farms and bulk storage of flammable or combustible liquids.
2.
Automobile storage facilities for impounded or towed vehicles, subject
to the following conditions:
(a)
Facility operator must possess a valid towing license issued
by the State of New Jersey.
(b)
Facility operator must be licensed by the City of Bayonne under Section 4-29 et seq. of these Revised General Ordinances of the City of Bayonne.
(c)
Vehicles shall be stored in the rear yard or side yard only.
(d)
The area within which the vehicles are stored shall be fully
enclosed with a fence or a wall a minimum of six feet in height.
(e)
The area within which vehicles are to be stored shall be screened
or otherwise protected from view from public streets, rights of way
and adjacent properties by way of a fence, wall, landscaping, berm
or any combination thereof.
(f)
Accessory structures or buildings associated with the aforesaid
use shall be located in the rear yard or side yard only.
(g)
Where the use adjoins a designated redevelopment area, commercial
zone or residential zone; a buffer shall be provided having a minimum
width as follows:
(h)
Automobile storage facilities for impounded or towed vehicles
shall be located in those sections of the I-H Heavy Industrial District
east of Route 440 and north of East 5th Street only. In no event shall
such a facility or use be located on property that fronts Route 440.
(i)
Automobile storage facilities for impounded or towed vehicles
shall not be construed to include new or used vehicle sales lots,
commercial parking lots, junkyards or outdoor storage facilities for
the distribution and trans-shipment of vehicles for retail or wholesale
trade.
e.
Area, Yard and Structure Requirements.
1.
Minimum area: one acre.
2.
Minimum lot fronting: 125 feet.
3.
Minimum frontage setback: 30 feet.
4.
Minimum rear yard setback: 50 feet. (Where property abuts the waterfront,
rear yard is reduced to not less than 25 feet.)
5.
Minimum Side Yard 25 feet, except that the combination of both side
yards must be at least 50 feet.
6.
Maximum Height.
|
Principal Structure
|
None
|
|
Accessory Structure
|
None
|
7.
Floor Area Ratio none.
8.
Maximum
lot coverage of principal and accessory structures: 80%.
[Added 11-10-2020 by Ord. No. O-20-58]
f.
Special Requirements.
2.
As certain land uses become obsolete in this zone and as the new
Master Plan implements new zoning based on market driven needs; the
following block and lots will form an "overlay zone district" which
allows all "I-H" permitted principal, accessory and conditional uses
by right. Concurrently, as an alternate, the overlay zoning also permits
principal, accessory, and conditional uses of the Highway Commercial/Selected
Light Industrial District in the shaded area on the City Zoning Map
between the H-C District and the I-H District.
|
Block and lots in the "I" Overlay Zone District
|
|
Block 412 - Lot 3 (6.43 ac.)
|
|
Block 415 - Lot 1 (2.59 ac.)
|
|
Block 415 - Lot 2 (7.53 ac.)
|
|
Block 416 - Lot 3 (17.56 ac.)
|
|
Block 417 - Lot 1 (6.22 ac.)
|
|
Block 417 - Lot 2 (2.07 ac.)
|
|
Block 417 - Lot 3 (8.99 ac.)
|
3.
An applicant may opt to utilize the overlay zoning once an application
for site plan approval is made to the Planning Board. The applicant
must set a termination date for the Heavy Industrial Use which cannot
coexist with the proposed Highway Commercial/Light Industrial Use.
4.
Design Criteria - Reserved.
[Ord. No. O-01-19 § 18]
ONGOING REDEVELOPMENT AREA
(Note on zoning map)
[Ord. No. O-07-03 § 1]
a.
The I-H-O Specialized Heavy Industrial District Overlay shall comprise
portions of Block 503, Lots 9 and 9.01; Block 453.01, Lots 2, 3, 4,
5, 6, 7 and 9; Block 466, Lots 2, 3 and 5; and Avenue J between New
Hook Road and East 22nd Street.
b.
Permitted Principal Uses.
1.
All permitted principal uses in the IL-A and IL-B Light Industrial
Districts.
2.
All permitted principal uses in the I-H Heavy Industrial District.
3.
General manufacturing activity involving the mechanical or chemical
transportation of bulk commodities, materials and substances into
new finished or semi-finished products.
4.
Chemical manufacturing, processing and refining.
5.
Assembly and packaging of components into new finished or semifinished
products.
6.
Warehousing and distribution.
7.
Research and development including offices, laboratories, pilot plants
and associated facilities.
8.
Administrative, business and executive offices.
d.
Permitted Accessory Uses.
1.
Accessory buildings and structures associated with a principal permitted
use.
2.
Off-street parking decks.
3.
Outdoor storage of equipment and vehicles provided said area is accessory
in nature and fully screened from public streets/rights-of-way by
a fence and landscaping at least six feet in height. All other outdoor
storage shall be screened from public streets and rights-of-way.
4.
Railroad sidings with related accessory structures.
5.
Detention basins and structures.
7.
Security fences and related structures such as guard houses except
that fences fronting on public streets and rights-of-way shall not
incorporate razor wire or similar materials.
8.
Bulk storage of chemicals used or produced in conjunction with a
permitted principal use.
9.
All other uses that are, in the opinion of the approving authority,
customarily incidental and subordinate to a permitted principal use.
e.
Bulk Requirements (Area, Yard and Structure).
1.
Minimum Tract Area: 10 acres except as hereinafter provided.
2.
Minimum Lot Frontage: 200 feet.
3.
Minimum Front Yard Setback: 15 feet except structures used for chemical
processing or refining shall have a thirty-foot setback to public
streets/rights-of-way.
4.
Minimum Rear Yard Setback: 25 feet.
5.
Minimum Side Yard Setback: 15 feet.
6.
Maximum Building Height: five stories, 65 feet for principal buildings
and 10 stories, 150 feet for accessory buildings/structures.
7.
Maximum Floor Area Ratio: N/A.
8.
Maximum Lot Coverage: 80%.
[Amended 11-10-2020 by Ord. No. O-20-58]
f.
Special Requirements.
1.
The provisions of this subsection are limited to the following properties
that shall constitute the I-H-O District:
(a)
Tax Map Block 453.01 (Tax Book 453), Lots 3, 4 and those portions
of Lots 1, 2, 5, 6 and 9 that are located outside the Route 440 Corridor
East Redevelopment Area.
(b)
Those portions of Tax Map Block 503, Lot 9 that are located
outside the Route 440 Corridor East Redevelopment Area.
(c)
Tax Map Block 466, Lots 2, 3 and 4.
(d)
Those portions of Avenue J south of New Hook Road from the right-of-way
line of New Hook Road to the centerline of East 22nd Street.
2.
The provisions of the I-H-O District shall require a minimum tract
area of 10 acres except as hereinafter provided and the submission
of an overall site development master plan. Said plan may be conceptual
in nature and shall be updated on a periodic basis as part of an application(s)
for major site plan approval. Typical information to be provided includes
planned structures, site improvements, bulk characteristics, phasing
and uses.
Until such time as the portions of Avenue J between New Hook
Road and East 22nd Street have been vacated and closed, the minimum
tract area for any properties within the I-H-O District east/southeast
of Avenue J shall be two acres.
4.
Minimum Buffer Requirement:
(a)
Public Streets/Rights-of-Way: 10 feet.
(b)
Nonindustrial Development: 50 feet to any nonindustrial (commercial)
district/zone boundary and 100 feet to any nonindustrial (commercial
building or facility).
(c)
Buffer Design: Buffers shall incorporate screening in the form
of fences, walls and landscaping or any combination thereof with a
minimum height of six feet. Buffers shall be kept clear and devoid
of buildings or structures but may contain ancillary uses such as
internal roads, off-street parking, sidewalks and internal signage.
5.
Screening along public streets, public rights-of way and buffers
may incorporate breaks or openings to provide visibility at the perimeter
of a site(s) for security purposes. Said breaks or openings shall
maintain perimeter control by the use of chain-link fencing or similar
structure(s). The ratio of voids (breaks, openings) to solids (opaque
screen) shall not exceed 1:2 (50%).
6.
An alternative means of access to New Hook Road via public street/right-of-way
shall be provided upon the vacation and closure of Avenue J between
New Hook Road and East 22nd Street.
7.
(Reserved)
g.
Definitions.
1.
Front Yard Setback: The linear distance between the principal facade
of a building or structure and the nearest public street or right-of-way.
Ancillary elements of a building such as entrance porticos, staircase/elevator
risers, window bays, etc. may project into the front yard setback
for a maximum distance of five feet.
2.
(Reserved)
[Added 3-18-2020] by Ord. No. O-20-20
a.
The H-1
District shall comprise Block 164, Lot 5.01, Block 420.02, Lot 2.01,
Block 159, Lots 14 and 15 Block 164, Lot 4.01.
b.
Purpose:
The purpose and intent of this zone is to permit, expand and continue
the use of an inherently beneficial, hospital use serving the residents
of the City of Bayonne and in order to continue to function as an
engine of economic development.
c.
Permitted
Principal Uses. No building or premises shall be erected, altered
or used except for uses designated in this district as follows:
1.
Hospital
and medical centers providing primary health care services for the
diagnosis, care and treatment of human patients.
2.
Medical
and dental laboratories and research facilities.
3.
Facilities
for the education and training of hospital personnel, including but
not limited to interns, hospital residents, nurses and technicians.
4.
Research
and development laboratories related to medical use.
5.
Government
and municipal use.
6.
Parking
garage related to and serving the medical hospital facility.
e.
Permitted
Accessory Uses.
1.
Uses
customarily and/or associated with the operation and administration
of the principal use.
2.
Gift
or flower shops, cafeteria, restaurant or snack bars and/or pharmacy,
provided said use or uses are associated with a hospital or medical
center and maintain no exterior entrances or exists to the outside
of the building.
3.
Signs.
4.
Child-care
facilities serving hospital personnel and patients.
5.
Helipad
provided approval from FCC and other federal/state aviation organization
approval is granted.
g.
h.
Special
Requirements.
1.
Board
at its discretion may request a traffic study for the proposed use,
including anticipated car trips, drop-off and pick-up areas, emergency
vehicle parking areas, pedestrian circulation, loading requirements
and other such details.
2.
A refuse
and recycling operations plan should be submitted providing details
on how the waste and biohazard waste disposal is handled, the responsible
party for operations and management of the refuse and any contingency
plan in case of emergency.
3.
Overnight
parking of emergency vehicles such as ambulances and hospital mobile
units are permitted on site, provided a detailed delineated parking
plan showing the location of these vehicles is provided including,
proposed fencing and buffering around these parking areas to show
visual buffering from the public street.
[Ord. No. O-95-12, § 33-5.12; Ord. No. O-01-19 § 21; Ord. No.
O-05-35; Ord. No. O-06-14; Ord. No. O-20-20; Ord. No. O-20-45; Ord.
No. O-20-58; Ord. No. O-21-32; amended 5-18-2022 by Ord. No. O-22-19]
a.
Schedule of Regulations. Except as otherwise provided in this chapter,
all proposed structures and use of land or structure shall comply
with bulk and density regulations as required in Schedule I Area,
Yard, Height and Density Requirements.
|
SCHEDULE I
AREA, YARD, HEIGHT AND DENSITY REQUIREMENTS
(Subsection 35-5.26)
| ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Minimum Requirement
|
Maximum Permitted
| |||||||||||
|
Side Yard
(feet)
|
Building Height
(stories/feet)
| |||||||||||
|
Zone District
|
Lot
Area
(sq. ft.)
|
Frontage
(ft.)
|
Lot
Width
(ft.)
|
Lot
Depth
(ft.)
|
Front
Yard
(ft.)
|
Rear
Yard
(ft.)
|
One
|
Both
|
Percent
Coverage
|
Principal
|
Accessory
|
F.A.R.
|
|
R-1 District:
| ||||||||||||
|
Detached single-family (interior lot)
|
3,000
|
30
|
30
|
100
|
20
|
20
|
3
|
6
|
70%
|
2 1/2/35a.
|
1 1/2/15
|
—
|
|
Detached single-family (corner lot)
|
4,000
|
40
|
40
|
100
|
20
|
20
|
3
|
6b.
|
70%
|
2 1/2/35a.
|
1 1/2/15
|
—
|
|
| ||||||||||||
|
R-2 District:
| ||||||||||||
|
Detached single-family
|
See R-1 District Regulations
| |||||||||||
|
Detached double-family (interior lot)
|
3,000
|
30
|
30
|
100
|
20
|
20
|
3
|
6
|
70%
|
2 1/2/35a.
|
1 1/2/15
|
—
|
|
Detached double-family (corner lot)
|
4,000
|
40
|
40
|
100
|
20
|
20
|
3
|
6b.
|
70%
|
2 1/2/35a.
|
1 1/2/15
|
—
|
|
Single-family townhouse (interior lot)
|
2,000c.
|
20
|
20
|
100
|
20
|
20
|
3
|
6b.
|
70%
|
2 1/2/35a.
|
1 1/2/15
|
—
|
|
Single-family townhouse (corner lot)
|
3,000c.
|
30
|
30
|
100
|
20
|
20
|
3
|
6b.
|
70%
|
2 1/2/35a.
|
1 1/2/15
|
—
|
|
Double-family townhouse (interior lot)
|
2,500c.
|
25
|
25
|
100
|
20
|
20
|
3
|
6b.
|
70%
|
2 1/2/35a.
|
1 1/2/15
|
—
|
|
Double-family townhouse (corner lot)
|
3,000c.
|
30
|
30
|
100
|
20
|
20
|
3
|
6b.
|
70%
|
2 1/2/35a.
|
1 1/2/15
|
—
|
|
| ||||||||||||
|
R-3 District:
| ||||||||||||
|
Detached single-family
|
See R-1 District Regulations
| |||||||||||
|
Detached double-family
|
See R-2 District Regulations
| |||||||||||
|
Single-family townhouse
|
See R-2 District Regulations
| |||||||||||
|
Double-family townhouse
|
See R-2 District Regulations
| |||||||||||
|
Low-rise apartments
|
1,000e.
|
75
|
75
|
100
|
—
|
20
|
—
|
—
|
70%
|
3 1/2/40
|
2/20
|
1.50
|
|
| ||||||||||||
|
R-M District:
| ||||||||||||
|
Detached single-family
|
See R-1 District Regulations
| |||||||||||
|
Detached double-family
|
See R-2 District Regulations
| |||||||||||
|
Single-family townhouse
|
See R-2 District Regulations
| |||||||||||
|
Double-family townhouses
|
See R-2 District Regulations
| |||||||||||
|
Low-rise apartments
|
See R-3 District Regulations
| |||||||||||
|
High-rise apartments
|
400e.
|
100
|
100
|
—
|
1/2 Bldg. Hgt.
|
1/2 Bldg. Hgt.
|
70%
|
14/160
|
3/30
|
1.80
| ||
|
| ||||||||||||
|
WD District:
|
See Text 35-5.6
| |||||||||||
|
| ||||||||||||
|
WR Recreational:
|
See Text of 35-5.7
| |||||||||||
|
| ||||||||||||
|
C-1 District:
|
—
|
30
|
30
|
100
|
0
|
20
|
See Text 35-5.8
|
10
|
60%
|
3/35
|
1/15
|
2.40
|
|
| ||||||||||||
|
C-2 District:
| ||||||||||||
|
Conventional Development
|
0
|
30
|
30
|
—
|
0
|
20
|
0
|
0
|
60%
|
3/35
|
1/15
|
—
|
|
Planned Shopping Center
|
2 acres
|
300
|
300
|
250
|
100
|
75
|
50
|
150
|
—
|
6/70
|
1/15
|
—
|
|
| ||||||||||||
|
Broadway Corridor:
| ||||||||||||
|
CBD District
|
3,000
|
30
|
30
|
—
|
0
|
20
|
0 or prevailing
|
0 or prevailing
|
70%
|
5/55
|
5/55
|
4.0
(see text)
|
|
UBD District
|
3,000
|
30
|
30
|
—
|
0
|
20
|
0
|
0
|
70%
|
3.5/45
|
3/45
|
3.20
|
|
ORS District
|
—
|
35
|
30
|
—
|
0
|
20
|
0
|
0
|
70%
|
3/35
|
1/15
|
2.80
|
|
| ||||||||||||
|
HC District:
|
Min. 2 acres
|
200
|
200
|
150
|
See Text
|
See Text
|
10
|
25
|
65%
|
4/50
|
2/30
|
—
|
|
| ||||||||||||
|
TDD District:
| ||||||||||||
|
Detached single-family
|
See R-1 District Regulations
| |||||||||||
|
Detached two-family
|
See R-2 District Regulations
| |||||||||||
|
Attached single-family
|
20,000
|
140
|
—
|
—
|
15
|
25
|
—
|
—
|
40%
|
2 1/2/35
|
1/15
|
—
|
|
Garden apartments
|
45,000
|
150
|
—
|
—
|
40
|
25
|
—
|
—
|
45%
|
2 1/2/35
|
1/15
|
—
|
|
Apartment houses
|
30,000
|
150
|
—
|
—
|
30
|
25
|
—
|
—
|
75%
|
5/55
|
1/15
|
2.25
|
|
Townhouses
|
25,000
|
100
|
—
|
—
|
25
|
25
|
—
|
—
|
50%
|
3/35
|
1/15
|
2.00
|
|
MXRD
|
42,000
|
150
|
—
|
—
|
0
|
25
|
—
|
—
|
75%
|
5/55
|
1/15
|
2.50
|
|
Other Uses
|
—
|
100
|
—
|
—
|
20
|
25
|
—
|
—
|
50%
|
5/55
|
1/15
|
3.00
|
|
| ||||||||||||
|
TDO District:
| ||||||||||||
|
Garden apartments
|
45,000
|
150
|
—
|
—
|
40
|
25
|
—
|
—
|
45%
|
2 1/2/35
|
1/15
|
—
|
|
Apartment houses
|
30,000
|
150
|
—
|
—
|
30
|
25
|
—
|
—
|
75%
|
7/75
|
1/15
|
2.25
|
|
Townhouses
|
25,000
|
100
|
—
|
—
|
25
|
25
|
—
|
—
|
50%
|
3/35
|
1/15
|
2.00
|
|
MXRD
|
42,000
|
150
|
—
|
—
|
0
|
25
|
—
|
—
|
75%
|
6/65
|
1/15
|
3.00
|
|
Other Uses
|
—
|
100
|
—
|
—
|
20
|
25
|
—
|
—
|
50%
|
6/65
|
1/15
|
3.50
|
|
| ||||||||||||
|
IL-A District:
|
7,500
|
75
|
75
|
100
|
30
|
20
|
10
|
25
|
80%
|
4/50
|
2/30
|
—
|
|
| ||||||||||||
|
IL-B District:
|
20,000
|
100
|
200
|
30
|
30
|
20
|
20
|
50
|
80%
|
4/50
|
2/30
|
—
|
|
| ||||||||||||
|
I-H District:
|
1 acre
|
125
|
—
|
200
|
30
|
50d.
|
25
|
50
|
80%
|
—
|
—
|
—
|
|
| ||||||||||||
|
I-H-O District Overlay:
|
10 acres
|
200
|
—
|
—
|
See Text
|
25
|
15
|
—
|
80%
|
5/65
|
10/150
|
—
|
|
| ||||||||||||
|
H-1 District:
|
80,000
|
—
|
150
|
500
|
See Text
|
See Text
|
See Text
|
See Text
|
80%
|
6/120
|
3/45
|
5.60
|
|
NOTES:
| |
|---|---|
|
a.
|
Ground floor parking garages accommodating not more than two
cars in a detached single- or double-family dwelling, or townhouse,
which do not contain or abut livable space, shall not be counted as
a story.
|
|
b.
|
Corner lots created by way of minor subdivision may reduce one
side yard to 1 1/2 feet abutting the intersection street right-of-way.
|
|
c.
|
Minimum lot area and frontage listed pertains to one townhouse
separated by vertical unpierced walls. Minimum lot area and frontage
shall be multiplied accordingly times the number of townhouses (three
unit townhouse minimum lot area = 6,000 square feet).
|
|
d.
|
Where property abuts the waterfront, rear yard may be reduced
to not less than 25 feet.
|
|
e.
|
Square feet per unit.
|
b.
Averaging Front Yard.
1.
On Streets with Existing Buildings. The street wall of every building
hereafter erected or reconstructed or altered may be two feet plus
the average of the setbacks of the buildings adjacent to the lot under
consideration and extending to the street corners or a distance of
700 feet whichever is less; however, where two or more buildings are
erected consecutively, the setback as set forth above plus two feet
for each building to be erected shall govern for all buildings erected
consecutively. This section shall in no event require a greater front
yard setback than required by Schedule I of paragraph a above.
2.
Streets 60% Vacant. Where the street of the lot under consideration
is 60% vacant for a distance of 10 lots on each side or to the end
of the street, the setback shall be that required for the zone and
usage under consideration, however, the setback may exceed the minimum
for that district.
c.
Lots Fronting on a Cul-de-Sac. Frontage requirements for lots fronting
on an are may be reduced by 17% of the required frontage for the zone
district.
d.
Location of Front Yard on Corner Lots. The location of a required
front yard or corner lot along streets in a northerly/southerly direction
shall be located on the street running in that direction.
e.
Side Yard. Side yards for attached dwellings such as townhouses shall
pertain only to the entire structure containing all units.
f.
Through Lots. In any district, a through lot shall have a front yard
along each street line.
g.
Yards and Open Space. No part of a yard, parking area or other open
space about any building or property shall be included as part of
a yard, parking area or other open space required for another building
or property.
h.
Exceptions to Bulk and Density Regulations. The bulk and density
requirements of Schedule I shall not apply to subdivisions along party
walls of existing attached residential units or storefronts, provided
that:
i.
Projections into Required Yards. Projections into required yard spaces
shall be permitted in accordance with the following regulations:
1.
Cornices, eaves, canopies, awnings, fireplaces and chimneys may project
into any required yard for a distance not exceeding six feet, provided
they are not closer than two feet to any property line.
2.
Open decks and porches, stairwells, and balconies may project into
the required yard space for a distance not to exceed eight feet, provided
they are not closer than three feet from any property line nor closer
than 10 feet to an adjacent structure.
3.
Fire escapes may be located in any side or rear yard in residential
zones or in any yard in nonresidential zones provided they do not
project further than five feet into a required yard.
j.
Height Exceptions. No building or structure shall have a greater
number of stories or greater building height than permitted in Schedule
I, except that such restrictions shall not apply as follows:
1.
Ground floor parking garages accommodating not more than two cars
in a detached single- or double-family dwelling, or townhouse, which
do not contain or abut livable space, shall not be counted as a story
[Amended 7-14-2021 by Ord. No. O-21-32]
2.
Height or story restrictions shall not apply to church spires, belfries,
cupolas, domes and monuments.
3.
Water towers, chimneys, smokestacks, transmitting towers, masts and
aerials other than satellite dish antennas shall not be subject to
the height restrictions, provided these structures do not exceed a
height equal to 1 1/2 times the building to which they are attached.
Nonetheless, where the height of a smokestack is mandated by State
or Federal law or agency regulations, such requirements shall supersede
the requirements of this chapter.
4.
Flagpoles shall not exceed a height of 1 1/2 times the principal
structure on site when freestanding, nor a height 1/2 the height of
the principal building when roof mounted.
5.
Parapet walls shall not be counted toward building height, provided
they do not exceed four feet in height.
k.
Usable Open Space. All multiple family dwellings shall comply with
the following requirements for minimum usable open space as defined
in this chapter for the purposes of providing light, air, and recreational
space for occupants and other persons coming into the property. Parking
lots or areas shall not be credited toward "usable open space."
|
Type of Dwelling
|
Minimum Open Space per Unit
|
|---|---|
|
Efficiency Apartment
|
150 square feet
|
|
1 Bedroom Apartment
|
200 square feet
|
|
2 Bedroom Apartment
|
250 square feet
|
|
3 Bedroom Apartment
|
300 square feet
|
|
4 Bedroom Apartment
|
350 square feet
|
[Ord. No. O-95-12, § 33-5.13]
a.
Intent. Permitted and conditional uses in any nonresidential industrial
district, or any industrial operation granted a variance shall comply
with the standards contained herein intended to protect the health
and safety of the residents of the City.
b.
Procedures. Any application for site plan approval and/or a building
permit for a use subject to performance standards shall be subject
to the following procedures:
1.
Prior to construction or operation, any application shall be accompanied
by a sworn affidavit filed by the owner or operator of the proposed
use that the use will be operated in accordance with performance standards
set forth.
2.
Continued compliance with performance standards is required and shall
be enforced by the Construction Official or Environmental Officer.
3.
All violations shall be terminated within 10 days or shall be deemed
a separate violation for each day following and be subject to separate
fines in accordance with these violations.
c.
Noise. In all nonresidential districts, the sound pressure resulting
from any activity shall not exceed, at any point on or beyond any
property line, the maximum permitted sound levels depicted in Table
I. The sound levels shall be measured with a sound level meter and
associated octave band herein manufactured in compliance with standards
prescribed by the United States of America Standards Institute.
|
Table I
| |
|---|---|
|
Octave Band
(Frequency Cycles per Second)
|
Maximum Sound Permitted
(Decibels)*
|
|
0 to 75
|
69
|
|
75 to 150
|
54
|
|
150 to 300
|
47
|
|
300 to 600
|
41
|
|
600 to 1,200
|
37
|
|
1,200 to 2,400
|
34
|
|
2,400 to 4,800
|
31
|
|
Above 4,800
|
28
|
|
*
|
Shall be adjusted based upon certain characteristics of noise
as listed in Table II.
|
|
Table II
Adjustments
| |
|---|---|
|
Type of Operation or Noise
|
Correction in Decibels
|
|
Daytime operation only (7:00 a.m. - 9:59 p.m.)
|
+5
|
|
Noise source operates less than 5% of time (daytime only)
|
+10
|
|
Noise of impulsive character (hammering, etc.)
|
-5
|
|
Noise of periodic character (hum, screech)
|
-5
|
d.
Vibration. No use shall be operated so as to produce ground vibration,
noticeable without instruments, at the lot line of the premises on
which the use is located.
e.
Smoke. No emission of smoke of a shade greater than No. 1 of the
Ringelmann Smoke Chart shall be emitted into the open air from any
fuel-burning equipment. However, smoke emitted during the clearing
of a firebox or the building of a new fire, the shade not greater
than No. 2 of the Ringelmann Smoke Chart may be permitted for a period
not exceeding three minutes in any 15 consecutive minutes.
f.
Dust or Solid Particles. In any district no discharge of solid particles
through a stack, dust or vent shall be permitted that is greater than
the allowable emissions in pounds per hour established by the New
Jersey Air Pollution Code.
g.
Odors. No emission of odorous gases or other odorous matter as to
be detectable without instruments at any zone boundary shall be permitted.
h.
Glare. No direct or sky-reflected glare shall be permitted beyond
the property lines of such use with the exception of site lighting
or entrances or service driveways.
i.
Wastes.
1.
Liquid Wastes. Provisions for collection and disposal of liquid wastes
shall be in accordance with the standards approved by the State of
New Jersey, Department of Environmental Protection and Energy (DEPE),
and other applicable ordinances or regulations.
2.
Solid Wastes. All solid wastes shall be handled in accordance with
the standards approved by the State of New Jersey, Department of Environmental
Protection and Energy (DEPE), and other applicable ordinances and
regulations. There shall be no accumulation of solid wastes conducive
to the breeding of rodents, vermin, and/or insects.
[Ord. No. O-95-12 Schedule
II; Ord. No. O-01-19 § 22]
|
SCHEDULE II
CONDITIONAL USE STANDARDS
|
1.
Religious Institutions, Hospital Facilities, and Other Quasi-Public
Uses.
Where conditionally permitted pursuant to Section 35-5 of this chapter, this use shall be permitted in accordance with the following standards:
a.
The lot is at least 20,000 square feet in area.
b.
No building or structure for such uses shall be closer than 30 feet
from any property line.
c.
A thirty-foot landscaped buffer strip shall be established along
each adjacent property line, consisting of plantings at least five
feet. Notwithstanding, such buffer area may contain a driveway accessing
an off-street parking area, provided that the parking area itself
is not within the buffer area.
2.
Nursery Schools and Child Care Centers.
Where conditionally permitted, and not deemed to be a home occupation
as defined in this chapter, nursery schools and child care centers
shall be permitted in accordance with the following standards:
a.
At least 50 square feet of outdoor open play area shall be provided
for each child, based upon the maximum capacity of the facility. Such
play areas shall be enclosed by solid wall or fence at least six feet
in height.
b.
Play activity in outdoor play areas adjacent residential uses or
zones shall be restricted to the hours of 9:00 a.m. and 5:00 p.m.
c.
No portion of the facility shall be below grade level more than 1/2
story or six feet, whichever the lesser.
3.
Public Utility Facilities.
Where conditionally permitted, public utility facilities shall
be permitted in accordance with the following standards:
a.
The design of such facilities shall be consistent with the character
of the neighborhood. Such design characteristics shall include, but
not be limited to, materials used in construction, decorative landscaping
and screening.
b.
All equipment shall be located within enclosed structures, designed
so as to minimize noise impacts on adjacent properties.
c.
Such facilities located in residential districts shall only be in
conjunction with essential services to serve that immediate district.
d.
Such facilities shall be located as to draw a minimum amount of additional
vehicular traffic.
4.
Accessory Parking on Lots Abutting Commercial Districts.
Where conditionally permitted, accessory parking areas to commercial
uses shall be permitted in accordance with the following standards:
a.
The lot shall directly abut along the full length of a property to
a permitted commercial use within a commercial district. No such conditional
use shall extend more than 75 feet into an R district at any point.
b.
The lot shall be of sufficient size to accommodate a parking area designed in full conformance with regulation of subsection 35-17.5.
c.
A landscaped buffer area of at least eight feet in width, consisting
of a solid wall or fencing or year-round landscaping at least six
feet in height, or a combination thereof, shall be established along
any residential property line.
d.
Any parking along a residential property line shall be designed and
marked for "head-on" parking only.
e.
No accessory parking area developed under this section shall contain
any expansion of the principal nonresidential use or structure.
5.
Residential Uses in Mixed Commercial/Residential Structures.
Where conditionally permitted residential uses within mixed
commercial/residential structures shall be permitted in accordance
with the following standards:
a.
Residential uses shall only be located above the first floor of the
building or structure.
b.
Access to the residential portion of the building or structure shall
be via a separate entrance and stairwell.
c.
No window serving the residential units shall be obstructed by any
sign or other structure in association with the commercial portion
of the building.
d.
Fire access to the residential uses shall be provided in accordance
with applicable regulations.
6.
(Reserved)
7.
Drive-Through Facilities.
Where conditionally permitted, drive-through facilities as an
accessory use to a permitted principal use shall be permitted in accordance
with the following standards:
a.
The drive-through lane shall be of sufficient length to accommodate
the stacking of 10 vehicles awaiting service.
b.
No drive-through lane shall impede access to on-site parking areas
or to the site in general.
c.
No speaker or other communication device associated with a drive-through
facility shall be located within 50 feet of a residential zone or
lot used for residential purposes.
d.
Any canopy structure associated with a drive-through facility shall
be set back at least 25 feet from any property line.
8.
Tank Farms and/or Bulk Storage of Flammable or Combustible Liquids.
Where conditionally permitted, these uses shall be permitted
in accordance with the following standards:
a.
All tank facilities shall be designed in accordance with Chapter 19, Fire Prevention and Protection of the Revised General Ordinances of the City of Bayonne.
b.
No tank containing flammable liquids shall be located within 375
feet of a residential use or a lot zoned for residential purposes,
provided that where a buffer, or residential use setback in a WD zone,
is required between an industrial zone and a zone where residential
use may be permitted, the required buffer area or residential use
setback shall be deemed not to be zoned for residential purposes.
c.
No tank containing combustible liquids shall be located within 175
feet of a residential use or a lot zoned for residential purposes,
provided that where a buffer, or residential use setback in a WD zone,
is required between an industrial zone and a zone where residential
use may be permitted, the required buffer area or residential use
setback shall be deemed not to be zoned for residential purposes.
d.
Dikes or walls required in conjunction with tank storage shall be
set back at least 30 feet from the boundary line of any non-industrial
district, provided that where the adjoining non-industrial district
provides for a buffer of at least 30 feet in width, the required buffer
in the adjacent zone shall satisfy this provision.
e.
A fifteen-foot wide landscape buffer shall be established between
such use and the boundary line of any non-industrial district, provided
that where the adjoining non-industrial district requires a landscaped
buffer of at least 15 feet in width the buffer in the adjacent zone
shall satisfy this provision. Such buffer, if required, shall consist
of one tree (2 1/2 inch caliper) for each ten-foot length of
buffer and contiguous evergreen plantings at least four feet in height
at the time of planting.
f.
A plan for the development or expansion of such facilities shall
be submitted to the New Jersey Department of Environmental Protection
and the United States Environmental Protection Agency where required.
Final approval for such a facility shall be conditioned upon the applicant
obtaining all required State and Federal Agency approvals.
9.
Funeral Homes.
Where conditionally permitted, funeral homes shall be permitted
in accordance with the following standards:
a.
The lot shall be at least 20,000 square feet in area.
b.
Principal building coverage shall not exceed 25% of the total lot
area.
c.
Along abutting property lines a buffer of at least five feet in width
consisting of a solid wall or fence at least six feet high and year-round
landscaping shall be provided.
d.
Entrances and exits shall be at least 75 feet from any street intersection.
10.
New Automobile and Motorcycle Sales; Automobile Accessory Stores;
Automobile Service Stations; Auto Repair Facilities (Including Paint
and Body Shops); Car Wash Facilities; Movie Theaters; Restaurants;
and Hotels and Motels in the Highway Development (H-D) District:
These uses shall be permitted provided the use is situated on
property which fronts a State highway.
11.
Indoor Recreation and Stores; Commercial Anchor Stores with a Minimum
of 20,000 Square Feet and Conventional Retail and Service Commercial
Uses Which are Typically Ancillary to a Commercial Anchor Store.
These uses shall be permitted in a Highway Development District
(H-D) in accordance with the following standards:
a.
Any building or buildings within 500 feet of a heavy industrial zone
shall be located and oriented so that the principal entrance of the
building or buildings shall face toward a State highway.
b.
Any building or buildings to be erected and any parking areas servicing
such building or buildings shall be located so as to draw a minimum
amount of additional traffic onto roads existing at the time of the
effective date of this chapter, other than State highways.
c.
The portion of the property to the rear of any building or buildings
to be erected shall be used for delivery and shipping purpose only
and shall be designed so as to discourage the entry thereon of retail
customers and private motor vehicles.
12.
Major Mixed Use Residential Development (MXRD)
a.
Bulk Requirements.
(1)
Minimum Lot Area: One acre.
(2)
Minimum Lot Frontage: 120 feet.
(6)
Maximum Structure Height: As required in zone district.
(7)
Minimum Gross Floor Area: 25,000 square feet.
(8)
Maximum Lot Coverage of Principal and Accessory Structures:
40% plus that percentage of the site which is, in the opinion of the
Municipal Agency, arranged, furnished intended to be used and is usable
by the general public including plazas, mini-parks, widened sidewalks
and similar facilities.
(9)
Minimum Unoccupied Open Space: 20%.
(10)
Maximum Overall FAR: 1.50
(11)
Maximum Residential Density: 50 units/gross acre.
b.
Distribution of Types of Uses. Each MXRD shall provide a minimum
of three primary functions in the following use minimums for a site
plan application.
60% minimum-residential use (primary).
10% minimum-professional office use (secondary).
5% minimum-retail and personal service (tertiary).
c.
Parking Requirements.
(1)
A MXRD shall provide off-street parking subject to the provisions of Section 35-17, except that the off-street parking requirement for a MXRD complex shall be 2.0 parking spaces per 1,000 square feet of G.F.A. devoted to nonresidential uses plus 1.8 parking spaces per residential unit. Sufficient parking spaces to accommodate the nonresidential use component, determined according to the standards of Section 35-17.
(2)
Other alternatives to meet the parking requirements are:
(a)
Providing the required spaces on other properties
owned by or under the control of the developer, within the designated
zone (or adjacent zones which permit the proposed use(s)) and within
a 500-foot walking distance of a primary pedestrian entrance to the
site under development. The physical arrangement of such spaces and
all access, ingress, setbacks and similar design details shall conform
to this chapter.
(b)
Providing evidence that the required spaces have
been leased or rented from others. In such cases, the spaces to be
leased or rented shall be properly established under the terms of
this chapter and the minimum term of such lease or rental shall be
consistent with the probable duration of the proposed occupancy but
not less than 10 years.
(c)
Providing evidence that a specific agreement exists
with the City of Bayonne Parking Authority Municipal Parking Utility
which provides for the developer to lease sufficient existing or proposed
municipal parking; and/or provides for the developer to construct
or contribute to the Parking Utility an amount sufficient to provide
for the development's share of proposed municipal parking facilities;
and/or provides for other terms acceptable to the Municipal Parking
Authority.
(d)
A combination of alternates 1 and 2 - (a), (b),
and (c) above, acceptable to the Municipal Agency.
(3)
If off-street parking requirements are not met as provided above
the developer must:
(a)
Obtain approval of a parking space variance subject
to the provisions of Section; and
(b)
Unless specifically waived by the Municipal Agency,
because of demonstrated hardship or other good and sufficient reason,
contribute to the City of Bayonne Municipal Parking Utility Capital
Improvement Fund, the amount of $2,000 for each required space not
provided.
d.
Signage. (Reserved)
13.
Major Mixed Use Commercial Development (MXCD)
a.
Bulk Requirements.
(1)
Minimum Lot Area: 1.75 acres.
(2)
Minimum Lot Frontage: 200 feet.
(6)
Maximum Building Height: 80 feet.
(7)
Minimum Gross Floor Area: 100,000 square feet.
(8)
Maximum Lot Coverage of Principal and Accessory Structures:
60% plus that percentage of the site which is, in the opinion of the
Municipal Agency, arranged, finished, intended to be used and is usable
by the general public, including plazas, mini-parks, widened sidewalks
and similar facilities.
(9)
Minimum Unoccupied Open Space: 15%.
(10)
Maximum Overall FAR: 2.00
b.
Distribution of Types of Uses. Each MXCD shall provide a minimum
of three primary functions with the following floor area use limitations:
25% Maximum-Residential Use Component.
25% Minimum-Professional/Business Office Use Component.
5% Minimum-Primary Food Service Establishment Component.
c.
Parking Requirements.
(1)
A MXCD shall provide parking subject to the provisions of Section 35-17, including the shared parking provisions, except:
(2)
Other alternatives to meet the parking requirements are:
(a)
Providing the required spaces on other properties
owned by or under the control of the developer, within the zone (or
adjacent zones which permit the proposed use(s)) and within a 500-foot
walking distance of a primary pedestrian entrance to the site under
development. The physical arrangements of such spaces and all related
access, buffers, setbacks and similar design details shall conform
to this chapter.
(b)
Providing evidence that the required spaces have
been leased or rented from others. In such case, the spaces to be
leased or rented shall be properly established under the terms of
this chapter and the minimum term of such lease or rental shall be
consistent with the probable duration of the proposed occupancy but
not less than 20 years.
(c)
Providing evidence that a specific agreement exists
within the City of Bayonne Municipal Parking Authority which provides
for the developer to lease sufficient existing or proposed municipal
parking; and/or provides for the developer to construct or contribute
to the Parking Utility an amount of sufficient to provide for the
development's share of proposed municipal parking facilities; and/or
provides for other terms acceptable to the Municipal Parking Authority.
(d)
A combination of alternatives 1 and 2 (a), (b),
and (c), above acceptable to the Municipal Agency.
(3)
If off-street parking requirements are not met as provided above
the developer must:
(a)
Obtain approval of a design deficiency waiver subject to the provisions of subsection 35-17.7; or
(b)
Obtain approval of a parking space variance subject to the provisions of subsection 35-5.10 paragraph f2; and
(c)
Unless specifically waived by the Municipal Agency,
because of demonstrated hardship or other good and sufficient reason,
contribute to the City of Bayonne Municipal Parking Authority Capital
Improvement Fund, the amount of $3,250 for each required space not
provided.
d.
Maximum FAR: 2.50
e.
Design Criteria. A MXCD shall be subject to the applicable provisions
of this chapter and the following general design criteria:
(1)
The proposed development shall have an outward orientation which
is physically and visually integrated with existing adjacent development
and/or fosters adjacent community improvement and rejuvenation;
(2)
The proposed development shall be compatible with existing and
proposed development in the vicinity; the mix of uses, and the arrangement
and design of buildings and other improvements shall reflect a cohesive
development capable of sustaining an independent environment of continuing
quality and stability;
(3)
If the development is staged, each building phase shall be designed
as a self-sufficient entity, while allowing for effective integration
of subsequent phases;
(4)
The pedestrian system shall be convenient and comprehensively
designed to encourage pedestrian activity within the development;
and
(5)
On the Detailed Site Plan, in the areas of the development which
are to be used for pedestrian activities or as gathering places for
people, adequate attention should be paid to human scale, high quality
urban design, and other amenities, such as the types and textures
of materials, landscaping, street furniture, and lighting (natural
and artificial).
(6)
(Reserved)
14.
Commercial Parking Facilities. Commercial parking facilities include
self-park and attendant parking, surface and structure or garage facilities.
a.
Where conditionally permitted, commercial parking facilities shall
provide parking for a minimum of 25 vehicles.
b.
Self-park commercial parking facilities shall provide parking stalls and aisles of a size consistent with the design standards under Section 35-17.
c.
Attendant parking commercial parking facilities may utilize parking
stalls 8 1/2 feet in width by 17 feet in length and may provide
for the stacking of automobiles provided that it is not necessary
to move more than two automobiles to gain access to another automobile.
d.
Commercial parking facilities shall be screened from adjacent residential uses or residential zones in accordance with the provisions of subsection 35-4.14.
e.
Attendant parking commercial parking facilities shall provide an
accessory building with sanitary facilities.
g.
Parking garage facilities shall meet all the coverage, setback and
height requirements for principal buildings in the particular zone.
h.
There shall be no direct access to a single-story parking garage
facility from the street. All vehicular access to the garage structure
shall be from the side yard, rear yard, or lot interior.
i.
All commercial parking facilities shall have artificial lighting
that will provide a minimum lighting level of 0.5 horizontal foot
candles throughout the parking areas and access drives. Shielding
shall be required where necessary to prevent glare upon adjacent properties
or streets.
j.
Minimum Unoccupied Open Space: 20%.
k.
Signs shall be permitted as specified for the zone in which the use
is proposed.
15.
Community Residential for the Developmentally Disabled and Shelters
for Victims of Domestic Violence.
a.
A statement setting forth the full particulars on the building and/or
use as submitted.
b.
No Community Residence for the Developmentally Disabled or Shelter
of Victims of Domestic Violence shall be located upon a lot containing
any other use, nor shall any structure or facility on the site be
utilized to provide services for any person not residing on the site.
c.
Each Community Residence for the Developmentally Disabled or Shelter
for Victims of Domestic Violence shall submit proof of licensing by
the Department of Human Services of the State of New Jersey.
d.
No building utilized for a Community Residence for the Developmentally
Disabled or Shelter for Victims of Domestic Violence shall be constructed
or altered so as to be inharmonious with the residential character
or adjacent structures and residential zones.
16.
Motor Vehicle Repair Garages.
a.
Motor vehicle repair garages shall have a lot area of not less than
18,000 square feet with a minimum frontage of 120 feet on one street.
If the lot requirements for the zone are greater, they shall take
precedent. In any case, the minimum structure setback from residential
uses shall be 35 feet, including pavement areas.
b.
No outdoor oil drainage pits or hydraulic lifts shall be permitted.
c.
Any repair of motor vehicles shall be performed in a fully enclosed
building.
d.
All motor vehicles awaiting repair or under repair which are stored
out-of-doors shall be screened from public by a solid fence and/or
evergreen plantings as required by the Planning Board.
e.
No motor vehicle awaiting repair or under repair may be stored out-of-doors
within the required front yard area; within 20 feet of any side or
rear lot line; or within 50 feet of any adjoining lot within a residential
zone.
f.
No motor vehicle repair garage shall be located within 500 feet of
any public entrance to a church, school, library, hospital, fire station,
park, playground, charitable institution, or place of public assemblage.
The distance shall be measured in a straight line along the centerline
of streets forming the shortest route from a point opposite the nearest
boundary from said public entrance to a point opposite the nearest
boundary of the repair garage lot.
g.
The maximum lot coverage shall be 50% of the lot area.
h.
The minimum unoccupied open space shall be 30% of the lot area.
i.
Signage. (Reserved)
18.
Educational uses.
Educational uses include public, parochial or private elementary
or secondary schools duly licensed by the State of New Jersey, attendance
at which is sufficient compliance with the compulsory education requirements
of the State.
a.
Convents, social halls and similar uses which are accessory to the
educational use shall be permitted.
b.
Nursery schools with an attendance of more than 25 children shall
be considered educational uses and shall be subject to the provisions
of this Section.
c.
Educational uses shall be screened from adjacent residential zones or existing residences adjacent to the site in accordance with the provisions of subsection 35-4.14 and/or shall provide fencing along such property lines as may be deemed adequate by the Planning Board.
d.
Minimum building setback shall be 25 feet.
e.
Minimum unoccupied open space shall be 35%.
19.
Car Wash.
a.
Minimum lot size for any car wash shall be 2.5 acres.
b.
The minimum building front setback shall be 75 feet. Located within
the front setback area, shall be a landscape plant area occupying
at least 30% of the total front yard.
c.
No building, parking facility or access isle shall be permitted with
75 feet of a residential zoned property.
d.
Landscape buffering and screening shall be provided as recommended
by the Planning Board's (or Zoning Board's) professional consultants.
20.
Commercial Earth Terminal.
a.
Commercial earth terminals shall be in conjunction with another permitted
or conditional use and shall not be the only use on a lot.
b.
Minimum lot width shall be 120 feet.
c.
Design Standards. All commercial earth terminals shall fully comply
with the following:
(1)
A commercial earth terminal shall not be located in a front
yard or to the front of a street rear or side yard, shall not be closer
to any property line than the height of the commercial earth terminal,
and shall not be located in a buffer area;
(2)
A commercial earth terminal shall not violate the rear or side
yard setback requirements applicable to the principal buildings within
the particular district as set forth in the Development Regulations;
(3)
The commercial earth terminal support shall be erected on a
secure foundation;
(4)
If erected on the ground, the height of a commercial earth terminal
shall not exceed 20 feet;
(5)
If erected on a building or other structure, the height shall
not exceed the height permitted in the zone by more than five feet
nor shall the terminal be more than 10 feet above structure;
(6)
The main reflector of a commercial earth terminal shall not
exceed a diameter of six meters;
(7)
All wiring or connecting cables between a ground mounted commercial
earth terminal and the principal building on the property shall be
buried underground;
(8)
Any accessory building of the commercial earth terminal used
for housing equipment necessary for the operation of the commercial
earth terminal shall not be greater than one story, shall not exceed
a building height of 12 feet, and shall not exceed 150 square feet
in area;
(9)
A commercial earth terminal shall be surrounded by a non-climbable
fence or other suitable barrier of a minimum height of six feet designed
to prevent access to the earth terminal and may be equipped with appropriate
lighting and an alarm system which shall not be offensive to surrounding
properties;
(10)
A ground mounted commercial earth terminal shall be so located
and shall be effectively screened from view by natural plants, trees
or other suitable sight barrier, which shall be maintained in good
condition, in order to minimize the noise and visibility of the commercial
earth terminal from any adjacent property and public street, as approved
by the Planning Board;
(11)
Only one earth terminal shall be permitted on the applicant's
property;
(12)
A commercial earth terminal shall be accessory to the principal
building and incidental to the use of the principal building, and
the occupants of the principal building shall be the principal users
of the commercial earth terminal;
(13)
Transmission of electrical signals to or from a commercial earth
terminal or to or from an off-site ground location shall only be through
underground or aerial wire, cable or fiber optic facilities; and
(14)
The construction and operation of a commercial earth terminal
shall fully comply with all applicable Federal and State statutes,
regulations and requirements, including those pertaining to safety
levels of radio frequency electromagnetic fields with respect to human
exposure.
[Ord. No. O-95-12 § 33-6.1]
Within the districts established by this chapter or amendments
that may later be adopted there exist:
a.
Lots;
b.
Structures;
c.
Uses of land and structures, which were lawful before this chapter
was passed or amended, but which are prohibited, regulated, or restricted
under the terms of this chapter or future amendment. It is the intent
of this chapter that nonconformities shall not be enlarged upon, expanded
or extended, nor be used as grounds for adding other structures or
uses prohibited elsewhere in the same district.
|
After the effective date of this chapter, the nonconforming
uses are declared by this chapter to be incompatible with permitted
uses in the districts involved. A nonconforming use of a structure,
a nonconforming use of land, or a nonconforming use of structure and
land in combination shall not be extended or enlarged.
|
|
To avoid undue hardship, nothing in this chapter shall be deemed
to require a change in the planned construction, or designated use
of any building on which actual construction has been commenced and
carried on diligently prior to the effective date of this chapter.
Actual construction is hereby defined to include the placing of construction
materials permanently and fastened in a permanent manner. Where excavation
or demolition or removal of an existing building has been substantially
begun preparatory to rebuilding, such excavation or demolition or
removal shall be deemed to be actual construction, provided that work
shall be carried on diligently to conclusion. All of the above provisions
shall not apply unless a valid site plan has been approved by the
appropriate City agency and such approval is still in effect.
|
[Ord. No. O-95-12 § 33-6.2]
Where at the time of the effective date of this chapter lawful
use of land exists which would not be permitted by the regulations
imposed by this chapter, the use may be continued so long as it remains
otherwise lawful, provided:
a.
No nonconforming use shall be enlarged or increased, nor extended
to occupy a greater area of land than was occupied at the effective
date of adoption or amendment of this chapter.
b.
No nonconforming use shall be moved in whole or in part to any portion
of the lot or parcel other than occupied by such use at the effective
date of adoption or amendment of this chapter.
c.
If any nonconforming use of land is abandoned, any subsequent use
of such land shall conform to the regulations specified by this chapter
for the district in which such land is located. Evidence of abandonment
shall include:
d.
No nonconforming use shall be substituted with another nonconforming
use.
[Ord. No. O-95-12 § 33-6.3]
Where lawful structure exists at the effective date of adoption
or amendment of this chapter that could not be built under the terms
of this chapter by reason of restrictions on area, lot coverage, height,
yards, its location on the lot, or other requirements concerning the
structure, such structure may be continued so long as it remains otherwise
lawful, subject to the following provisions:
a.
No nonconforming structure may be enlarged or altered in a way which
increases its nonconformity, but any structure or portion thereof
may be altered to decrease its nonconformity.
b.
A nonconforming structure or nonconforming portion of any structure
which is partially destroyed by any means may be restored or repaired,
provided that appropriate permits and site plan approvals are obtained.
Destruction of less than 50% of the floor area existing at the time
of the damage shall be presumed to be "partial" destruction.
c.
Should a nonconforming structure be moved for any reason for any
distance whatever, it shall thereafter conform to the regulations
for the district in which it is located after it is moved.
[Ord. No. O-95-12 § 33-6.4]
If a lawful use involving individual structures or of structures
and premises in combination, exists at the effective date of adoption
or amendment of this chapter, that would not be allowed in the district
under the terms of this chapter, the use may be continued so long
as it remains otherwise lawful, subject to the following additional
provisions:
a.
No existing structure devoted to such a nonconforming use shall be
enlarged, extended, moved, or structurally altered, except in changing
the use of the structure to a use permitted in the district in which
it is located.
b.
Any structure, or structure and land in combination, in or on which
a nonconforming use is superseded by a permitted use, shall thereafter
conform to the regulations for the district, and the nonconforming
use may not thereafter be reinstated.
c.
A nonconforming structure housing a nonconforming use which is partially
destroyed by any means may be restored or repaired, provided that
appropriate permits and site plan approvals are obtained. Destruction
of less than 50% of the floor area existing at the time of the damage
shall be presumed to be "partial" destruction.
[Ord. No. O-95-12 § 33-6.5]
Nothing in this chapter shall be deemed to prevent normal maintenance
and repairs or to prevent the strengthening or restoring to a safe
condition any building, structure or part thereof declared to be unsafe
by any official charged with protecting the public safety.
If a nonconforming structure or portion of a structure containing
a nonconforming use becomes physically unsafe or unlawful due to lack
of repairs and maintenance, and is declared by any duly authorized
official to be unsafe or unlawful by reason of physical condition,
it shall not thereafter be restored, repaired, or rebuilt except in
conformity with the regulations of the district in which it is located.
[Ord. No. O-95-12 § 33-6.6]
In any district permitting residential uses, a single family
structure, or a double family structure provided such use is permitted,
may be erected on a nonconforming lot, provided that:
a.
The total lot area is not less than 2,500 square feet.
b.
The applicant has been unable, upon a good faith effort, to purchase
at fair market value any adjacent available vacant lot or a portion
of any adjacent land, whether vacant or not, which would render the
applicant's lot conforming.
c.
Required front, rear and side yards are provided.
d.
Off-street parking is provided in accordance with this chapter.
[Ord. No. O-95-12 § 33-7.1]
The provisions of this section shall apply and govern in all
zoning districts, with the exception of existing structures in the
C-1, C-2, ORS, UBD and CBD districts.
[Ord. No. O-95-12, § 33-7.2]
All parking spaces required herein shall be located on the same
lot with the building or use served, however, parking spaces required
for nonresidential uses may be located on a separate lot within 250
feet of the principal building, provided it is located within the
same zone district.
[Ord. No. O-95-12 § 7.3]
Any owner of property, which is permitted for nonresidential
uses, may meet the required parking provisions of this section by
participating in a joint parking program involving two or more business
uses; provided that:
a.
The area for the parking facilities shall be adequate to provide
the sum total of off-street parking space requirements of such joint
uses.
b.
In any case, where the required parking spaces are not located on
the same lot with the building(s) or use(s) served, or where such
spaces are collectively or jointly provided and used, such parking
space shall be established by a recorded covenant or agreement as
parking space to be used in conjunction with the principal use and
shall be reserved as such through an encumbrance on the title of the
property to be designated as required parking space, such encumbrance
to be valid for the total period the use or uses for which the parking
is needed are in existence. Such agreement or covenant shall be duly
recorded in the Office of the County Registrar of Deeds.
[Ord. No. O-95-12 § 7.5; Ord. No. O-01-19 [33-17.4]]
a.
A parking area shall not be used for the sale, repair, dismantling
or servicing of any vehicles, equipment, materials or supplies.
b.
No major recreational equipment shall be parked or stored on any
lot in a residential district except in a carport or enclosed building
or behind the nearest portion of a building to a street, provided
however, that such equipment may be parked anywhere on residential
premises not to exceed 24 hours during loading or unloading. No such
equipment shall be used for living, sleeping, or housekeeping purposes
when parked or stored on a residential lot, or in any location not
approved for such use. For purposes of these regulations, major recreational
equipment is defined as including boats and boat trailers, travel
trailers, pick-up campers or coaches (designed to be mounted on automotive
vehicles), motorized dwellings, tent trailers, and the like.
c.
In all residential districts, overnight parking of any commercial
vehicle having a gross weight which exceeds 12,000 pounds is prohibited
in any open or enclosed part of the property.
d.
Automotive vehicles or trailers of any kind or type without current
license plates shall not be parked or stored on any residentially
used or zoned property other than in completely enclosed buildings.
e.
No space within an existing residential structure used as garage
space for vehicles shall be converted into additional living space,
unless such parking area is replaced by a new parking area accommodating
an equal number of vehicles located in a permissible area.
[Ord. No. O-95-12 § 33-7.5; Ord. No. O-01-19 § 20 [33-17.5]]
a.
Size of Parking Stall and Driveway Curb Cuts. Minimum parking stall
size for single, double and townhouse residential structures shall
be 10 feet in width by 20 feet in depth, provided that where the configuration
of a one- of two-family dwelling existing on the effective date of
this ordinance precludes a parking stall of 20 feet in depth, a parking
stall no less than 16.5 feet in depth may be permitted; provided further
than that at no time shall any vehicle parked therein encroach upon
a public right-of-way. Minimum parking stall size for all other uses
shall be nine feet in width by 18 feet in depth.
In residential and commercial zones, no driveway curb cut shall
exceed 10 feet in width and there shall be no more than one driveway
curb cut per lot. In all other zones, driveway curb cuts shall be
in accordance with the engineer's standards for the proposed use.
b.
Parking Bays. Parking areas or lots shall be designed in accordance
with the following standards:
|
Parking Arrangement
|
Bay Width
(feet)
| |
|---|---|---|
|
Single
|
Double
| |
|
Parallel Parking
|
17*
|
26*
|
|
30° angle parking
|
33*
|
50*
|
|
45° angle parking
|
33*
|
50*
|
|
60° angle parking
|
36*
|
55*
|
|
90° angle parking
|
42
|
60
|
|
*
|
One way circulation pattern only
|
c.
Yard Requirements. All parking areas shall comply with the following
yard requirements:
1.
Accessory parking for single family, double family and townhouse
dwellings may be located in any yard, provided that front yard parking
be limited to no more than two spaces.
2.
Accessory parking for multiple family dwellings and commercial uses
may be located in any yard provided that no parking area be located
closer than five feet from any street right-of-way and three feet
from any other property line.
d.
Screening. All parking areas shall be attractively landscaped, and
screened from the street and adjoining residential properties. Screening
shall be not less than four feet high or higher than six feet and
constructed from materials which harmonize with the character of the
neighborhood. Some evergreen plant materials shall be used to give
year-round landscaping. A masonry screen may be substituted for the
planting and shall be not less than four or more than five feet in
height. This section shall not apply to single family, two-family
and townhouse dwellings.
In the case of structure parking, the facades of parking structures
fronting on public rights-of-way shall be finished with a decorative
open screen of masonry, metal or other appropriate material.
e.
Lighting. Adequate lighting shall be provided for parking lots in
operation between the hours from dusk until dawn and so designed as
to eliminate glare to nearby residents and moving traffic.
f.
Marking. Except for single, double and townhouse dwellings, all parking
spaces within any parking area shall be clearly delineated by means
of pavement markings to show the parking arrangement within the parking
areas.
The stalls shall be clearly marked and so designed, maintained
and regulated that no maneuvering incidental to parking shall be on
any public street, walk or alley, and so that any automobile may be
parked and unparked without moving another.
g.
"Stacking" of Cars. In parking lots with attendant parking the "stacking"
of cars will be limited to a depth of two cars so that no more than
one car must be moved in order to get any car out of the lot. For
stacking purposes a parking space shall be measured on the basis of
not less than 200 square feet per car.
Further, stacking of cars shall be permitted for purposes of calculating off-street parking spaces pursuant to subsection 35-17.6b only for single family, double family, and townhouse dwellings on individual lots Such stacking shall be limited to space required between a ground floor garage and the street line and be no more than two cars in depth.
[Ord. No. O-95-12 § 33-7.6;
amended 3-18-2020 by Ord. No. O-20-20; 10-19-2022 by Ord. No. O-22-34]
a.
Interpretation.
1.
Similar Uses and Requirements. In the case of a use not specifically
mentioned in paragraph b below, the requirements of off-street parking
facilities for a similar use, which is mentioned, shall apply.
2.
Storage of Trucks or Other Vehicles. The parking space requirements
as prescribed in paragraph b below are in addition to space for storage
of trucks or other vehicles used in connection with any use.
3.
Employees. Parking spaces required on an employees basis shall be
based on the maximum number of employees on duty or residing, or both,
on the premises at any one time.
4.
Fractions. When units of measurement result in the requirement of
a fractional space, any fraction shall require one parking space.
b.
Schedule of Parking Space Regulations. Off-street parking spaces
shall be provided in accordance with the minimum requirements as hereinafter
set forth.
[Amended 3-18-2020 by Ord. No. O-20-20; 10-19-2022 by Ord. No. O-22-34]
|
Use or Use Category
|
Minimum Spaces
|
Per Measurement Unit
| |
|---|---|---|---|
|
1.
|
Residential Uses:
| ||
|
Efficiency apartments
|
1
|
Dwelling unit
| |
|
Single, double, townhouse and multiple family dwellings:
| |||
|
1 bedroom
|
1
|
Dwelling unit
| |
|
2 bedrooms
|
1 1/4
|
Dwelling unit
| |
|
3 bedrooms
|
1 1/2
|
Dwelling unit
| |
|
Senior citizen housing
|
1/2
|
Dwelling unit
| |
|
Hotel and motel
|
1
|
Each guest room or suite
| |
|
Additional requirement
|
1
|
Each employee
| |
|
Parsonage, rectory, convent and nunnery
|
1
|
1,000 square feet or area
| |
|
2.
|
Institutional and Public Assembly Uses:
| ||
|
Auditorium, gymnasiums and other places of assembly
|
1
|
4 seats or 75 square feet of floor space in seating area which
ever is greater
| |
|
Church or temple
|
1
|
4 seats in the main auditorium or their equivalent
| |
|
Elementary and junior high school
|
1
|
Each classroom
| |
|
Additional requirement
|
1
|
15 seats in the main auditorium or 3 nonteaching employees,
whichever is greater
| |
|
High School
|
2
|
Each classroom
| |
|
Additional requirement
|
10 seats in the main auditorium or 3 nonteaching employees,
whichever is greater
| ||
|
Hospital
|
1 (on-site)
|
3 beds
| |
|
Additional requirement
|
1 (on-site)
|
2 employees
| |
|
10% of overall total number of spaces
| |||
|
Libraries, art galleries and museums
|
1
|
400 square feet of floor area
| |
|
Long-term care facilities
|
3 (on-site)
|
1 bed
| |
|
Nursery School
|
1
|
Each employee, plus 1 space for each 500 square feet of floor
area
| |
|
Social club, lodge or fraternal organization
|
1
|
150 square feet of floor area
| |
|
3.
|
Commercial Uses:
| ||
|
Amusement place, dance hall,
|
2
|
200 square feet of floor space skating rink, swimming pool
| |
|
Automobile and boat sales
|
1
|
500 square feet of floor area open to the public, plus 1 space
for each 3,000 square feet of storage
| |
|
Automobile laundry
|
1
|
1 wash rack
| |
|
Additional requirement
|
1
|
2 employees
| |
|
Automobile repair area
|
1
|
200 square feet of floor
| |
|
Barber shop and beauty parlor (over 2,000 square feet)
|
2
|
Each chair
| |
|
Additional requirement
|
1
|
Each employee
| |
|
Bowling alley
|
5
|
Each alley
| |
|
Bus station
|
1
|
100 square feet of waiting room area
| |
|
Funeral home or mortuary area
|
1
|
75 square feet of floor area of viewing rooms
| |
|
Gasoline filling station
|
1
|
Each island of pumps and each service bay
| |
|
Additional requirement
|
1
|
2 employees
| |
|
Golf courses
|
7
|
Hole, exclusive of any other uses provided in conjunction with
the golf course
| |
|
Laundromat or dry cleaning (over 2,000 square feet)
|
1
|
3 washing machines
| |
|
Office and office building area
|
1
|
400 square feet of floor area, excluding common hallways, utility
and basements
| |
|
Restaurants and cocktail lounges
|
1
|
4 seats
| |
|
Restaurants (drive-in)
|
1
|
25 square feet of retail sales and seating floor area
| |
|
Retail store or personal service establishment (under 2,000
square feet)
|
0
| ||
|
Retail store or personal service establishment (unless listed
separately) and banks (over 2,000 square feet)
|
1
|
300 square feet of floor area
| |
|
Theater (indoor) floor space in seating area, whichever is greater
|
1
|
4 seats or 75 square feet of
| |
|
4.
|
Industrial Uses:
| ||
|
Manufacturing, laboratory, warehousing establishments and truck
terminals
|
1
|
Each employee or 1,000 square feet, whichever is greater
| |
|
Additional requirement
|
1
|
Each vehicle used in the conduct of the enterprise
| |
[Ord. No. O-95-12 § 33-7.7]
The Planning Board or Zoning Board of Adjustment may waive up
to 50% of the required number of parking space for all nonresidential
uses based upon evidence provided by applicant that owing to the nature
of use operation, management, employment records or other independent
survey shows the calculated number of parking spaces is not required
to meet the needs of the applicant. In such case, an area shall be
reserved that can readily be converted to off-street parking in accordance
with this chapter.
[Ord. No. O-95-12 § 33-7.8]
Each lot on which a building for nonresidential use is hereafter
erected or substantially altered shall make provision for loading
and unloading which will not interfere with traffic on the main street
or streets on which the use is located.
a.
Location. Off-street loading and unloading space shall be located
on the same lot as the structure for which provided. Such space may
be provided on aisle or driveway required for off-street parking,
but only located in a side or rear yard and not closer than five feet
from any property line.
b.
Loading Berth. Loading berth shall have at least 10 feet in width
and 25 feet in length, with a minimum of fourteen-foot height clearance
and having direct access to a street.
c.
Space Requirement. In the C and I Districts off-street loading berths
shall be provided in accordance with the following:
|
Uses
|
Square Feet of Floor Area
|
Required Off-Street Loading Berth
|
|---|---|---|
|
Offices, hotels
|
From 10,000 to 25,000
|
1
|
|
Retail, commercial
|
From 25,000 to 40,000
|
2
|
|
Wholesale, manufacturing, storage and miscellaneous uses
|
From 40,000 to 60,000
|
3
|
|
For each additional 50,000 or major fraction thereof
|
1 additional
|
[Ord. No. O-95-12 § 33-8.1; Ord. No. O-12-31; amended 2-17-2021 by Ord. No. O-21-10; 6-16-2021 by Ord. No. O-21-29]
All signs hereinafter erected, altered, enlarged, relocated,
or repaired, including but not limited to any and all temporary signs,
shall require a sign permit issued by the Zoning Officer.
Applications shall include two copies of each of the following:
a.
Drawings indicating plot plan, width and floor-to-floor height of
façade, building elevation, indicating sections showing sign
location, size, type, materials, method of attachment and indicating
all other existing "wall signs," "projecting signs," "window signage"
or other signs on the building, lighting and support details.
b.
Proof of ownership or letter of authorization from the owner to erect
a sign.
c.
An electronic copy of the documents required in Subsection 35-25.1a and b, above. Electronic submissions shall be required to be submitted to the Zoning Officer and may be in the following formats: PDF, Microsoft Word, JPG or any other electronic format acceptable by the Zoning Officer. The Zoning Officer is permitted to waive the requirement for the submission of any paper copies.
[Ord. No. O-95-12 § 33-8.2; Ord. No. O-12-31]
a.
Signs Permitted in All Districts. The following signs are permitted
in all districts:
1.
"Address signs" not exceeding eight inches by 12 inches in size.
2.
Governmental and public utility signs.
3.
Non-illuminated temporary signs on new construction sites containing
traditional, non-garish colors, provided that the total combined area
of said signs shall not exceed 5% of façade coverage; and provided
that said signs are removed six months after installation or after
receipt of a certificate of occupancy, whichever is earlier. Such
temporary signs may include, but are not limited to, banners, flags,
pennants and window placards located on private property and not in
the public right-of-way. A maximum of two such signs shall be permitted
per location.
[Added 6-16-2021 by Ord. No. O-21-29]
b.
Signs Limited to Certain Districts/Uses.
1.
Informational signs containing fixed and/or variable message components
having a ground, monument or wall sign design for public buildings/uses,
schools and houses of worship.
2.
Informational Sign Standards. Such signs shall have a maximum height
of 10 feet, area of 100 square feet and variable message component
limited to 60% of total sign area or less. The variable message component
may not flash, strobe or create excessive glare to limit impacts upon
residential properties and ensure safe traffic/vehicular circulation.
3.
(Reserved)
c.
Signs Prohibited in All Districts.
1.
Signs which interfere with, disrupt, or are erected upon, or block
a pedestrian or vehicular circulation pattern or site line which constitute
a safety hazard to persons or vehicles.
2.
"Illuminated signs" which have interior or exterior flashing light
sources, which have intermittent or variable intensity lighting, or
which cause glare on pedestrian or vehicular circulation patterns
within or into residential areas.
3.
Privately owned or operated signs which stimulate or resemble by
color, size, shape, or location any governmental, public utility,
official, traffic, directional or warning sign or device.
4.
Advertising signs on any building exclusively used for residential
purposes.
5.
Signs which move either by wind, motion, mechanical or electrical
means, except signs with time or temperature messages.
6.
Signs which divide or repeat a message or announcement along a public
or railroad right-of-way.
7.
"Roof signs" or signs which are erected or projected above the cornice
or parapet of a building.
8.
Signs on any building facade not fronting on a public right-of-way
or driveway with direct access to a public right-of-way.
9.
Signs on bridges or other structures crossing over any public right-of-way.
10.
Signs applied to the facade of a building which cover any portion
of a window, cornice or other architectural detail of a building.
[Ord. No. O-95-12, § 33-8.3; Ord. No. O-12-31; amended 8-19-2020 by Ord. No. O-20-45; 6-16-2021 by Ord. No. O-21-29]
No signs shall be permitted in any residential district except signs permitted in all districts as identified in Subsection 35-25.2a and as follows:
a.
Non-illuminated temporary sign advertising existing building(s) and/or
premises on which the sign is located for sale or lease, not exceeding
12 square feet, provided temporary sign is removed within seven days
after the premises has been sold or leased.
c.
Home professional signs, identifying a permitted use in residential
districts, affixed to the structure, and not exceeding one square
foot in area.
d.
Institutional and church bulletin signs not exceeding 20 square feet
in area and, if freestanding, not more than five feet in height.
e.
Temporary announcement signs for political and religious organizations,
erected not sooner than two months prior to an event and removed not
later than two weeks following an event.
f.
In R-3 and R-M districts only, identifying signs, either freestanding
or building mounted, for multifamily developments, not exceeding 10
square feet in area, nor four feet in height when freestanding.
[Ord. No. O-95-12 § 33-8.4; Ord. No. O-98-17 § 1; Ord. No. O-12-31]
No signs shall be permitted in commercial districts, except:
a.
Those signs permitted in residential districts.
b.
Temporary signs announcing special events such as charitable events,
grand openings, promotions and sales for a period of no greater than
30 days. Temporary signs may include but are not limited to banners,
flags, pennants and window placards located on private property and
not in the public right-of-way. A maximum of two such signs shall
be permitted per location.
c.
Business signs, not exceeding 20% of the sign facade area as defined
by this chapter, of the following types:
1.
Wall signs, not exceeding three square feet for each linear foot
of sign frontage, as defined by this chapter.
2.
Projecting signs, not projecting a distance greater than 12 inches.
3.
Awning and canopy signs, regulated as wall signs, provided that the
sign does not extend above or below the edges of the awning or canopy.
4.
Box signs, affixed to walls and regulated as wall signs.
5.
For permitted gasoline filling stations, or freestanding sign not
exceeding 35 square feet in area, and not less than 10 feet nor more
than 20 feet in height, displaying customary brand name and prices.
Further, customary accessory signs identifying service may be erected
over bay doors, not exceeding 12 inches in height nor six feet in
area per bay.
6.
Window signs, not exceeding 30% of the window area to which the sign
is affixed.
d.
Directional signs for entry and exits to parking areas, not to exceed
four feet in area, nor five feet in height.
e.
For permitted planned shopping centers exceeding 25,000 square feet
in floor area, one free-standing identifying sign, not exceeding 80
square feet in area may be permitted, provided that:
f.
Awnings extending no more than three feet from a structure and which
extend over public right-of-way in accordance with the following:
1.
All awnings extending over any public right-of-way must be securely
fastened and constructed so that there will be no danger of the same
being dislodged by ordinary winds or falling from other cause. No
awning shall be erected or maintained extending over any public right-of-way
in such a location as to obstruct the view of any traffic light or
other traffic sign or signal.
2.
The lowest part of any awning or any support thereof which extends
over any public way shall be at least seven feet six inches above
the level of the walk or public way over which it extends; but no
such sign shall be maintained over any public way used by vehicles
if any part of its support or of the awning is less than 15 feet above
the level of such public way.
3.
Any canvas or other material, natural or synthetic, used as a component
part of any awning permitted under this section shall be classified
as flame resistant by Underwriters Laboratories, Inc.
[Ord. No. O-95-12 § 33-8.5; Ord. No. O-12-31]
No signs shall be permitted in Industrial Districts except:
a.
Those signs permitted in commercial districts.
b.
Temporary signs announcing special events such as charitable events,
grand openings, promotions and sales for a period of no greater than
30 days. Temporary signs may include but are not limited to banners,
flags, pennants and window placards located on private property and
not in the public right-of-way. A maximum of two such signs shall
be permitted per location.
c.
Freestanding business signs, where the building front setback is
at least 75 feet. The sign shall be set back at least 20 feet from
a street right-of-way and not exceed three square feet for each linear
foot of street frontage or 200 square feet, whichever the lesser,
provided that:
[Ord. No. O-95-12 § 33-8.6; Ord. No. O-12-31]
All signs shall be maintained in a clean and neat-appearing
condition, and such maintenance, where applicable, shall include regular
cleaning; regular painting and removal of any peeled, chipped or blistered
paint; the renewal or replacement, in whole or in part, of any sign
which has been caused to crack, break, peel or otherwise disintegrate
or fall apart.
[Ord. No. O-95-12 § 33-8.7; Ord. No. O-12-31]
a.
Any sign, now or hereafter erected or maintained, which no longer
advertises a bona fide business conducted or product sold, or notice
of a current or future event, shall be taken down and removed by the
permittee or by the owner of the premises, if there is no permittee,
within 30 days after such business ceases, such product ceases to
be sold or such event occurs. Upon failure to comply, the Zoning Officer
is hereby authorized to cause the removal of such sign and any expense
incident thereto shall be paid by the permittee or owner of the premises
upon which sign is located. The Zoning Officer shall thereafter refuse
to issue a permit for the erection of any sign, awning, canopy or
marquee in the City of Bayonne to any permittee or property owner
who refuses to pay the costs of such removal.
b.
If the Zoning Officer shall determine that any sign, now or hereafter
erected or maintained, is unsafe or insecure or is a menace to the
public, or has been constructed or erected or is being maintained
in such a manner as to pose a hazard to persons or property, or has
been constructed or erected or is being maintained in violation of
the provisions of this chapter or any other law or ordinance, he shall
give written notice to the permittee, and, if there is no permittee,
to the owner of the premises, of such violation. If the permittee
or owner fails to remove or alter the sign within 30 days after such
notice, such sign may be removed or altered by the City at the expense
of the permittee or owner of the premises upon which it is located.
The Zoning Officer may cause any sign which is an immediate peril
to persons or property to be removed summarily and without notice.
c.
All signs attached to the ground or to a building or other structure
shall be thoroughly and rigidly secured and shall be repaired and
maintained as necessary to keep them secure, safe and free from causing
any danger or damage to persons or property.
d.
No sign shall be erected or maintained so as to obstruct access to
any fire escape, window, door, exit or standpipe, or obstruct passage
by either vehicular or pedestrian traffic on any public or quasi-public
right-of-way.
Signs shall be constructed and erected in such a manner as to
allow for the effects of high winds and other natural forces and the
Zoning Officer may require copies of the stress sheets and calculations
showing that the sign is adequately designed for dead-load and wind
pressure in any direction, in any situation where such information
may be helpful in determining whether such sign can be safely constructed,
erected or maintained.
[Ord. No. O-95-12 § 33-8.8; Ord. No. O-12-31]
Signs not in conformance with this section shall be allowed
to continue as of right, regulated as follows:
a.
Repair of signs is permitted, provided that the cost of repair does
not exceed 50% of the replacement costs of the sign.
b.
The structural alteration of sign shall only be permitted if said
alteration brings the sign into conformance with this section.
c.
No permits shall be issued for new signs or owner-occupied or single-tenanted
properties where nonconforming signs exist.
[Ord. No. O-01-34 § 1; Ord. No. O-03-37 § 1]
The purpose of this section is to provide opportunities for
the community to be served by personal wireless service facilities
and establish general guidelines for the siting of the wireless communications
towers and antennas while at the same time providing for an orderly
development of the City and protecting the health, safety and general
welfare of the residents and property owners. The goals of this section
are to:
a.
Preserve the character of the City of Bayonne and to serve the general
purposes of the City of Bayonne Master Plan and Zoning Ordinance;
and
b.
Preserve the existing visual and aesthetic character of the City
and its neighborhoods, as well as to minimize noise impacts generated
by personal wireless service facilities; and
c.
Provide locations for locating personal wireless service facilities;
and
d.
Protect residential areas and land uses from potential adverse impacts
of towers and antennas; and
e.
Encourage the location of appropriate wireless facilities upon existing
structures in identified nonresidential areas such as Commercial,
Light Industrial and Highway Commercial Zones; and
f.
Minimize the total number of towers throughout the community; and
g.
Encourage the use of appropriate and new technology so as to minimize
adverse environmental, noise and visual impacts; and
h.
Strongly encourage the joint use of new and existing tower sites
as a primary option rather than construction of additional single-use
towers; and
i.
Encourage use of existing buildings, light and utility poles and/or
towers, to the extent possible, where appropriate, as opposed to the
construction of new towers in areas where the adverse impact on the
community is minimal; and
j.
Encourage users of towers and antennas to locate them, to the best
extent possible, in areas where the adverse impact on the community
is minimal; and
k.
Encourage users of towers and antennas to configure them in a way
that minimizes the adverse visual impact of the towers and antennas
through careful design, siting, landscape screening and innovative
camouflaging techniques; and
l.
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively and
efficiently; and
m.
Require prompt removal of abandoned facilities; and
n.
Preserve the aesthetic character of the City by encouraging creative
and cooperative approaches to locating wireless communication facilities
so that such facilities will be compatible with their surroundings;
and
o.
Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures.
|
In furtherance of these goals, the City shall give due consideration
to the Master Plan, Zoning Map, existing land uses and environmentally
sensitive areas in approving sites of towers and antennas.
|
[Ord. No. O-01-34 § 2; Ord. No. O-03-37 § 2]
As used in this section, the following terms shall have the
meanings set forth below:
Shall mean the process for locating antennas and radio equipment
on or within defined zones or locations that shall not require conditional
use approval in accordance with N.J.S.A. 40:55D-67 of the Municipal
Land Use Law or "Site plan approval" N.J.S.A. 40:55D-46, or any variance
in accordance with N.J.S.A. 40:55D-70(a) or (d) of the Municipal Land
Use Laws.
Shall mean an applicant for a wireless facility entitled
to a administrative approval shall meet with the City Planning Administrator
and the City Engineer to discuss the proposed location of the wireless
communication antennas, the proposed location and possible landscape
screening of any accessory shelters housing the related electronic
equipment, and any other construction that may be proposed or required
regarding the installation of the proposed antennas. Pursuant to the
instruction given to the applicant by the City Planning Administrator
and the City Engineer at the time of meeting, the applicant thereafter
shall submit plans and documentation for review, approval and signing
by the City Planning Administrator, the City Engineer, and thereafter
a construction permit shall be issued. No construction permit, however,
shall be issued by the Construction Official until her or she is in
receipt of such signed plans.
Shall mean man-made trees, clock towers, bell steeples, light
poles and similar alternative design mounting structures that camouflage
or conceal the presence of antennas or towers and similar alternative
design mounting or stealth structures that camouflage or conceal the
presence of antennas or towers.
Shall mean the buildings, cabinets, vaults, closures and
equipment required for operation of telecommunications systems including
but not limited to repeaters, equipment housing and ventilation and
other mechanical equipment.
Shall mean any exterior transmitting or receiving device
mounted on a tower, building or structure and used in communications
that radiate or capture electromagnetic waves, digital signals, analog
signals, radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals. Parabolic dish antennas used
for satellite communications shall not be included within this definition.
Shall mean the lines that connect a provider's towers/cell
sites to one or more cellular telephone switching offices and/or long
distance providers or the public switched telephone network.
Shall mean when two or more receiving and/or transmitting
facilities are placed together in the same location or on the same
antenna support structure.
Shall mean the Federal Aviation Administration.
Shall mean the Federal Communications Commission.
Shall mean a tower that is supported or braced through the
use of cables (guy wires) that are permanently anchored.
Shall mean when referring to a tower or other structure,
the distance measured from the lowest finished grade of the parcel
to the highest point on the tower or other structure, including the
base pad and any antenna.
Shall mean a type of tower that is self-supporting with multiple
legs and cross bracing of structural steel.
Shall mean the type of tower that is self-supporting with
a single shaft of wood, steel or concrete and a platform (or racks)
for panel antennas arrayed at the top.
Shall mean the surface or structure upon which antennas are
mounted, including the following three types of mounts:
BUILDING MOUNT Mounted on the roof or the side of a building.
GROUND MOUNTED Antenna support (tower) mounted on the ground.
STRUCTURE MOUNTED Mounted on or in a structure other than a building.
Shall mean any tower or antenna for which a building permit
or development application approval has been properly issued prior
to the effective date of this section including permitted towers or
antennas that have not yet been constructed so long as such approval
is current and not expired.
Shall mean locations that are listed in subsection 35-26.8b that have been found to be the most desirable for the location of personal wireless service facilities because of the existing development in the area or on the site, the types of buildings already existing at the site, the existence of similar or compatible facilities at the particular site, the commercial or industrial nature of the area, the zoning designation of the area, and/or the technical suitability of the particular location.
It is the burden of the applicant on any application to provide
reasons why a certain preferential location is more suitable than
a listed preferred location that precedes it.
For the purposes of this section, shall mean the emissions
from wireless telecommunications facilities or any electromagnetic
energy within the frequency range from 9.003 MHZ to 30,000 MHZ.
Shall mean a telecommunication facility that is designed
or located in such a way that the facility is not readily recognizable
as telecommunications equipment. (See Alternative Tower Structure)
Shall mean any structure that is designed and constructed
primarily for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, lighting towers, alternative tower
structures and the like. The term includes the structure and any support
thereto.
Shall mean (a) a new monopole to which an antenna or antenna
array is attached or (b) an existing monopole that is modified or
rebuilt to a taller height.
The definition of Type 1 facility also includes the associated
equipment enclosure.
Shall mean (a) a building-mounted antenna or antenna array
that does not meet the conditions of a Type 3 facility or (b) an antenna
or antenna array added to an existing monopole where there is no modification
required related to the height of the monopole.
The definition of Type 2 facility also includes the associated
equipment enclosure.
Shall mean a roof-mounted antenna or antenna array that meets
the following conditions:
The vertical dimension of the antenna(s) together with the associated
mounting equipment and cabinets does not exceed 20%, but not more
then 10 feet, of the height on the building on which it is mounted;
and
The facility is categorically excluded from routine monitoring
by virtue of the power output of all antennas placed on the building
pursuant to the standards set forth by the FCC as those standards
may be modified from time to time.
The definition of Type 3 facility also includes the associated
equipment enclosure.
Shall mean an antenna or antenna array mounted on an existing
street or light pole that does not otherwise meet the criteria of
a Type 5 facility.
Shall mean a single array and transmitter mounted on a structure
such as an existing street or light pole within a developed street,
with the associated equipment enclosure mounted on the pole or installed
completely below grade and the total power output not to exceed 10W
and is less than 16 (14 by 16) inches in length and width and eight
inches in depth including all associated equipment, and may have an
antenna with a length not to exceed 30 inches.
Shall mean any personal wireless services as defined in the
Federal Telecommunications Act of 1996 which includes FCC licensed
commercial wireless telecommunications services including cellular,
personal communications services (PCS), specialized mobile radio (SMR),
enhanced specialized mobile radio (ESMR), paging and similar services
that currently exist or that may in the future be developed. It does
not include any amateur radio facility that is owned and operated
by a federally licensed amateur radio station operator or is exclusively
for receive-only antennas, nor does it include noncellular telephone
service.
[Ord. No. O-01-34 § 3; Ord. No. O-03-37 § 3]
a.
New Towers and Antennas. All new towers or antennas in the City shall
be subject to these regulations, except as otherwise provided herein.
b.
Existing Towers and Antennas. This section will be applicable to
all new facilities and to existing facilities whenever application
for modification or expansion to the facility is made.
c.
Amateur Radio Station Operators/Receive Only Antennas. This section
shall not govern any tower, or the installation of any antenna, that
is under 70 feet in height and is owned and operated by a Federally
licensed amateur radio station operator or is used exclusively for
receive-only antennas.
d.
Satellite Dish Antennas. This section shall not govern any satellite
dish antennas presently regulated under this chapter.
[Ord. No. O-01-34 § 4; Ord. No. O-03-37]
a.
Principal Use. Antennas and towers and their appurtenant structures
shall be considered a principal use; however, notwithstanding any
other City Land Use regulation, a different existing structure or
principal use on the same lot shall not preclude the installation
of an antenna or tower on such lot as a second principal use.
b.
Lot Size. For purposes of determining whether the installation of
a tower or antenna complies with zone development regulations, including,
but not limited to, setback requirements, lot coverage requirements
and other such requirements, the dimensions of the entire lot shall
control, even though the antennas or towers may be located on leased
parcels within such lot.
c.
State or Federal Requirements. All towers, antennas and other wireless
communication facilities must meet or exceed current standards and
regulations of the FAA, the FCC and any other agency of the State
or Federal government with the authority to regulate towers and antennas.
If such standards and regulations are changed, then the owners of
the towers and antennas governed by this section shall bring such
towers and antennas into compliance with such revised standards and
regulations within six months of the effective date of such standards
and regulations, unless a different compliance schedule is mandated
by the controlling State or Federal agency.
d.
Building Codes; Safety Standards. To ensure the structural integrity
of towers and antennas, the owner of a tower or antenna shall ensure
that it is maintained in compliance with standards contained in applicable
State of New Jersey or the City's Building Codes and the applicable
standards for towers that are published by the Electronic Industries
Association, as amended from time to time. If, upon inspection, by
an engineer licensed in the State of New Jersey, the City of Bayonne
concludes that a tower fails to comply with such codes and standards
and constitutes a danger to persons or property, then upon notice
to the owner of the tower, the owner shall have 60 days to bring such
tower into compliance. Failure to comply within 60 days shall constitute
grounds for the removal of the tower or antenna at the owner's expense.
Enforcement of this provision shall be by way of complaint to a court
of competent jurisdiction. The sixty-day period to come into compliance
shall be reasonably extended if the tower owner is diligently pursuing
remediation after given due notice by the City of Bayonne of an actual
standard or code violation.
It is the provider's and any co-applicant's responsibility to
protect the facility from unauthorized access through appropriate
means, consistent with the purpose of protecting the public health,
safety and welfare. Such persons or entities shall maintain the facility
in a good and safe condition and preserve its original appearance
and concealment, disguise or camouflage elements incorporated into
the design at the time of approval. Such maintenance shall include,
but not be limited to, such items as painting, structural repair,
repair of equipment and maintenance of landscaping.
e.
Nonessential Services. Towers and antennas shall be regulated and
permitted pursuant to this section and shall not be regulated or permitted
as essential services, public utilities or private utilities.
f.
Licenses. Owners and/or operators of towers or antennas shall certify
that all Federal licenses required by law for the construction and/or
operation of a wireless communication system in the City of Bayonne
have been obtained and shall submit a copy with any application for
construction of a facility including any application for an administratively
approvable facility, a conditional use application before the Planning
board or a use variance application to the Zoning Board as the case
may be.
h.
Signs. No signs or advertisements of any kind, other than appropriate
warning signs shall be allowed on an antenna or tower.
i.
Lighting. Towers shall not be artificially lighted unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
j.
(Reserved)
k.
Multiple Antenna Co-Location. The City of Bayonne strongly encourages
the co-location of antennas. As such the owners of all new towers
are mandated to permit the co-location of the antennas of at least
two additional service providers and are encouraged to permit the
co-location of additional antennas. A letter of intent to meet the
above co-location requirement, or such other binding legal document
as approved by the Attorney of the Planning Board or Zoning Board
of Adjustment, as the case may be, or the appropriate City Corporation
Counsel shall be provided to the Planning Board, Zoning Board of Adjustment
and/or appropriate City Agency by the applicant.
[Ord. No. O-01-34 § 5; Ord. No. O-03-37 § 5]
a.
Applicability. All telecommunications carriers and providers that
offer or provide any telecommunication services for a fee directly
to the public, within the City of Bayonne, shall provide to the City
such information as set forth in paragraph b below.
b.
Application Information Required. The following application information
shall be required for all owners or operators of towers and/or antennas
of the type covered by this section:
1.
The identity and legal status of the registrant, including any affiliates;
2.
The name, address and telephone number of the officer, agent or employee
responsible for the accuracy of the information statement;
3.
An inventory of its existing towers, antennas, or sites approved
for towers or antennas that are either within the jurisdiction of
the City of Bayonne or within three miles of the border thereof including
specific information about the location, height and design of each
tower. The City of Bayonne may share such information with other applicant
applying for administrative approvals or permits under this section
or other organizations seeking to locate antennas within the jurisdiction
of the city of Bayonne provided, however, that the City of Bayonne
is not, by sharing such information, in any way representing or warranting
that such sites are available.
4.
A description of the telecommunications services that the registrant
intends to offer or provide, or is currently offering or providing,
to persons, firms, businesses or institutions within the City;
5.
Master Plan for all related facilities within the City limits of
Bayonne. Which shall address at minimum:
(a)
How the proposed location relates to the suitability or unsuitability
of such existing structures to be utilized to provide the intended
wireless communication;
(b)
How the proposed location specifically relates to the anticipated
need for additional antennas, supporting structures and other related
facilities within the City limits of Bayonne by the applicant;
(c)
How the proposed location specifically relates to the overall
objective of providing full wireless communication services within
the City of Bayonne, while at the same time, limiting the number of
facility sites to the fewest possible through the use of collocation;
(d)
How the proposed location specifically relates to the objective
of minimizing the impact of antennas, accessory equipment and supporting
structures; on residential areas, streetscapes and view corridors
throughout the City of Bayonne.
c.
Amendment. Each applicant shall inform the City within 60 days of
any change of the information set forth in this subsection.
[1]
Editor's Note: Former subsection 35-26.6, Operating Permits,
previously codified herein and containing portions of Ordinance No.
O-01-34, was repealed in its entirety by Ordinance No. O-03-27.
[Ord. No. O-01-34 § 7; Ord. No. O-03-37 § 7; Ord. No. O-09-28 § 2]
All telecommunications facilities, except exempt facilities as defined in subsection 35-26.3, shall require major site plan review and approval pursuant to Chapter 33, Planning and Development Regulations. Each application shall include a site plan showing the specific design, location, size and construction of the proposed structure, which shall comply in all respects with the standards enumerated herein. The Community Development Division or its designee shall establish and maintain a list of information that must accompany every application pursuant to Chapter 33, Planning and Development Regulations, which shall include at a minimum all information required by Chapter 33, Planning and Development Regulations for a major site plan application. All development applications for telecommunications facilities shall also provide all information required for a conditional use application, variance application, subdivision application and/or other development application pursuant to Chapter 33, Planning and Development Regulations as is applicable to a particular case, including all application fees and escrow deposit as required by the City of Bayonne Code.
In addition to the above requirements, the following information
is required for all development applications for all telecommunications
facilities:
a.
An inventory of existing sites, which shall provide an inventory
of all existing towers, antennas, or sites approved for towers or
antennas that are within the jurisdiction of the City of Bayonne owned,
operated or located on by the applicant, including specific information
about the location, height and design of each facility.
b.
(Reserved)
c.
A visual analysis, which may include photomontage, photo simulation,
or other techniques, which identifies the potential visual impacts
of the proposed facility. Consideration shall be given to views from
public areas as well as from private residences where an applicant
has specific authorization to enter upon private property for the
purpose of complying with this section. The analysis shall assess
the cumulative impacts of the proposed facility and shall identify
and include all feasible mitigation measures consistent with the technological
requirements of the proposed telecommunication service. All costs
for the visual analysis, and applicable administrative costs, shall
be borne by the applicant.
[Ord. No. O-01-34 § 8; Ord. No. O-03-37 § I]
Certain areas of the City are more appropriate for the location
of personal wireless service facilities because of the existing development
in the area or on the site, the types of buildings already existing
at the site, the existence of similar or compatible facilities at
the particular site, the commercial or industrial nature of the area,
the zoning designation of the area and/or the technical suitability
of the particular site. Locating facilities in such areas can reduce
adverse visual and aesthetic impacts of personal wireless service
facilities City wide and help protect the health, safety and welfare
of City residents.
Therefore, the location preferences and design criteria and
guidelines and associated conditions of approval contained in this
section are intended to improve any potential visual, aesthetic or
neighborhood livability concerns while still facilitating growth of
an industry that is important to the City's economic health and whose
services are demanded by an increasing number of the City's residents,
businesses, workers and visitors.
a.
Location of Facilities. Except for those facilities designated in subsection 35-26.3 to be exempt from City review, telecommunications facilities (including but not limited to equipment cabinets) may be located in only those zones and locations as indicated in paragraphs b, c and d below; and only in accordance with the following procedures:
1.
All applicants for a new facility shall make a good faith effort
to locate in the listed "First Preference Location."
2.
Applicants who maintain that they are unable to locate in the "First
Preference Location" must demonstrate why they need to locate in one
of the areas less preferred.
3.
The applicant enumerated in paragraph 2 must demonstrate why each
successive preference location below that of the "First Preference
Location" cannot be utilized to provide service in the area in question.
b.
Preferred Locations. The following areas, locations and/or zoning
districts constitute preferred locations for the siting of personal
wireless telecommunications facilities:
1.
First Preference Location: Type 2, Type 3, Type 4 and Type 5 facilities
permitted in the Heavy Industrial Zones;
2.
Second Preference Location: Type 2, Type 3, Type 4 and Type 5 facilities
permitted in Light Industrial Zones;
3.
Third Preference Location: Type 2, Type 3, Type 4 and Type 5 facilities
permitted in the Highway Commercial/Selected Light Industrial District;
4.
Fourth Preference Location: Types 2 and 3 facilities on municipal
property;
5.
Fifth Preference Location: Type 5 facilities in all zones;
6.
Sixth Preference Location: Type 1 facilities located on property
owned, leased, or otherwise controlled by the City, provided a lease
authorizing such tower has been approved by the City. The decision
to extend such leases to an applicant shall be vested solely with
the municipality, and shall not be governed by this section;
All of the locations listed above shall subject to the administrative
approval procedure defined in this ordinance and shall not require
Zoning Board or Planning Board processing. All applications for administrative
approval shall be accompanied by an application fee of $1,000.
c.
Conditional Uses. The following uses may be approved by the appropriate
Board as conditional uses and shall be considered the Eighth Preference
Location.
1.
Antennas on Existing Towers Modified Pursuant to the Definition of
a Type 1 Facility. An antenna may be attached to an existing tower
in Heavy Industrial, Light Industrial or Highway Commercial Zones
and shall be considered an Eighth Preference Location. To minimize
adverse visual impacts associated with the proliferation and clustering
of towers, co-location of antennas by more than one carrier on existing
towers shall take precedence over the construction of new towers,
provided such co-location is accomplished in a manner consistent with
the following:
(a)
A tower that is modified or reconstructed to accommodate the
colocation of an additional antenna shall be a monopole.
(b)
(c)
On-site location.
(1)
A tower, which is being rebuilt to accommodate the co-location
of an additional antenna, may be moved on-site within 50 feet of its
existing location.
(2)
After the tower is rebuilt to accommodate co-location, only
one tower may remain on the site.
(3)
A relocated on-site tower shall continue to be measured from
the original tower location for purposes of calculating separation
distances between towers. The relocation of a tower shall be subject
to site plan approval by the Planning Board.
2.
New Towers. New monopoles may be constructed in a Heavy Industrial
Zone, subject to the conditions outlined in this section, to hold
antennas, and shall be considered a Ninth Preference Location. Lattice
towers and any type of guyed towers are prohibited. In addition to
any information required for applicants for conditional uses pursuant
to this chapter, applicants for a conditional use for a tower shall
submit the following information:
(a)
A scaled site plan clearly indicating the location, type and
height of the proposed tower, on-site land uses and zoning, adjacent
land uses and zoning (including when adjacent to other municipalities),
Master Plan classification of the site and all properties within the
applicable separation distances set forth herein, adjacent roadways,
proposed means of access, setbacks from property lines, elevation
drawings of the proposed tower and other structures, topography, parking,
and other information deemed by the Administrative Officer to be necessary
to assess compliance with this section.
(b)
Legal description of the entire tract and leased parcel (if
applicable).
(c)
The setback distance between the proposed tower and the nearest
residential unit and/or residentially zoned properties.
(d)
The separation distance from other towers described in the inventory
of existing sites shall be shown on an updated site plan or map. The
applicant shall also identify the type of construction of the existing
tower(s) and the owner/operator of the existing tower(s).
(e)
A landscape plan showing specific landscape materials.
(f)
Method of fencing and finished color and, if applicable, the
method of camouflage and illumination.
(g)
A description of compliance with this section and all applicable
Federal, State and/or City laws, rules, regulations and/or ordinances.
(h)
A notarized statement by the applicant indicating how construction
of the tower will accommodate co-location of additional antennas for
future users.
(i)
Identification of the entities providing the backhaul network
for the tower(s) described in the application and other cellular sites
owned or operated by the applicant in the municipality.
(j)
A description of the suitability of the use of existing towers
or other structures not requiring the use of towers or structures
to provide the services to be provided through the use of the proposed
new tower.
(k)
A description of the feasible location(s) of future towers or
antennas within the City of Bayonne based upon existing physical,
engineering, technological or geographical limitations in the event
the proposed tower is erected.
(l)
(Reserved)
(m)
A statement of intent on whether excess space will be leased.
d.
(Reserved)
e.
Other than Preferred Location. All applications which propose to
locate facilities anywhere other than a preferred location shall require
a variance pursuant to N.J.S.A. 40:55D-70.d. In additional to all
other requirements, a written opinion from an electronic/telecommunications/radio
frequency engineer (or other professional consultant accepted as an
expert by the Zoning Board of Adjustment may be required by the Zoning
Board of Adjustment, describing: (a) what preferred locations are
within the geographic service area; (b) why siting at a preferred
location is not possible; (c) what good faith efforts and measures
were taken to secure a more preferred location; (d) how and why such
efforts were unsuccessful; and (e) how and why the proposed location
is essential to meet service demands for the geographic service area.
[Ord. No. O-01-34 § 9; Ord. No. O-03-37 § 9]
a.
Lot Size. For purpose of determining whether the installation of
a tower or antenna complies with zone development regulations, including,
but not limited to, setback requirements, lot coverage requirements
and other such requirements, the dimensions of the entire lot shall
control, even though the antennas or towers may be located on leased
parcels within such lot.
b.
Separation. The following separation requirements shall apply to
all towers.
1.
Towers. Tower separation shall be measured from the base of the tower
to the lot line of the off-site uses and/or designated areas.
c.
Setbacks. The following setback requirements shall apply to all towers.
1.
Towers must be set back a distance equal to at least 100% of the
height of the tower from any adjoining lot line and all nonappurtenant
buildings.
2.
All facilities must comply with the minimum setback requirements
for the applicable zoning district. In addition, antennas that are
roof mounted may not extend beyond the edge of the roofline or exterior
walls of the subject building. Flush mounted antennas may extend up
to two feet out from the face of the building.
3.
Accessory buildings must satisfy the minimum zoning district setback
requirements as set forth in this chapter.
4.
No tower of or antenna shall exist within required buffer areas if
adjacent to residential zones and as prescribed under Local Ordinance.
e.
Design Criteria. Towers and antennas shall meet the following requirements:
1.
Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a neutral color
so as to reduce visual obtrusiveness. Stealth type towers, designed
to resemble flagpoles, wherein the antennas are screened from view
by a RF penetrable material are greatly preferred.
2.
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening
and landscaping that will blend them into the natural setting and
surrounding buildings.
3.
If an antenna is installed on a structure other than a tower, the
antenna and related electrical and mechanical equipment must be of
a neutral color, or covered with a siding material, that is identical
to, or closely compatible with the color of the supporting structure
so as to make the antenna and related equipment as visually unobtrusive
as possible.
4.
To the greatest extent possible, any antennas located on an existing
building shall be surfaced mounted on the building facade at the roofline
or along the exterior parapet wall, so as to reasonably blend in with
the architectural features of the building.
5.
Any antennas located on existing buildings that cannot be flush mounted
as specified in paragraph 4 above, and when deemed necessary by the
governmental agency with jurisdiction over the application, shall
be screened from view with RF penetrable screening. The screening
shall be located and designed so as to blend with the architectural
character of the building.
6.
To the extent reasonably necessary, any public utility lines and/or
cables deemed necessary for the operation of the proposed facility
shall be located on the ground and/or inside the tower structure or
building to which the antennas are attached.
f.
Landscaping. The following requirements shall govern the landscaping
surrounding towers.
1.
Tower facilities shall be landscaped with a buffer of plant materials
that effectively screens the view of the tower compound from any adjacent
streets, property used for residences or planned residences.
2.
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced at the sole discretion
of the Planning Board or Board of Adjustment.
3.
Existing mature tree growth and natural landforms on the site shall
be preserved to the maximum extent possible. In some cases, such as
towers sited on large, wooded lots, natural growth around the property
perimeter may be a sufficient buffer.
4.
Additional street trees may be required by the Planning Board or
Board of Adjustment to be planted along the streets in the vicinity
of any proposed wireless telecommunications facility to provide additional
screening and/or aesthetic improvements to mitigate any detrimental
visual impacts on the surrounding area.
5.
The Planning Board or Board of Adjustment may require that additional
decorative landscaping be provided on the site of proposed towers
and/or antennas to offset and compensate for the negative visual impact
of the proposed towers and/or antennas.
g.
Lighting. Towers shall not be artificially lighted unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
h.
Signs. No signs or advertisements of any kind, other than appropriate
warning signs shall be allowed on an antenna or tower.
i.
Fencing. Towers shall be enclosed by decorative security fencing
not less than six feet in height and shall also be equipped with an
appropriate anti-climbing device. Acceptable fencing types include
tubular steel, wrought iron or other similar fencing as approved by
the Planning Board or Board of Adjustment. Galvanized chain link fencing,
barbed wire and razor wire are expressly prohibited.
j.
Accessory Buildings and Other Equipment Storage. The unmanned equipment
structures shall not contained more than 360 square feet of gross
floor area or be more than 12 feet in height and shall be located
in accordance with the minimum yard requirements of the zoning district
in which it is located.
[Ord. No. O-01-34 § 10; Ord. No. O-03-37 § 10]
The Planning Board and/or Zoning Board is explicitly authorized
to, and may, as it deems appropriate, retain an independent technical
expert as it deems necessary to provide assistance in the review of
the site location alternatives analysis and any technical materials
submitted, especially in those cases when a technical demonstration
of unavoidable need or unavailability of alternatives is proposed.
The applicant shall pay the reasonable costs of the review, incurred
by the City, which costs shall be deposited in accordance with the
City's escrow ordinance and which shall be in addition to any required
escrow requirements for development applications otherwise required
by this chapter and/or Site Plan and Subdivision Ordinance.
[Ord. No. O-01-34 § 11; Ord. No. O-03-37 § 11]
a.
After the wireless telecommunications facility is in operation, the
applicant shall submit within 90 days of the beginning of operations
existing measurements of RFR from the wireless telecommunications
facility. Such measurements shall be signed and certified by a radio
frequency engineer, stating that RFR requirements are accurate and
meet FCC guidelines as specified in the Radio Frequency Standards
Section of this By-law.
b.
The applicant and all co-applicants shall maintain the wireless telecommunications
facility in good condition and in compliance with all Federal and
State regulations. Such maintenance shall include, but not be limited
to, painting, structural integrity of the mount and security barrier
and maintenance of the buffer areas and landscaping.
c.
The applicant shall on the second anniversary after the wireless
telecommunication facility is in operation, submit certification indicating
that the facility is in compliance with all Federal and State regulations.
This certification shall thereafter be updated every two years and
the certification shall be filed with the Bayonne Construction Code
Official or his designatee.
[Ord. No. O-01-34 § 12; Ord. No. O-03-37 § 12]
Nonconforming towers or antennas that are damaged or destroyed
may not be rebuilt without first obtaining administrative approval
or a development application approval and without having to meet the
separation requirements specified therein. The type, height and location
of the tower on site shall be of the same type and intensity as the
original facility approval. Building permits to rebuild the facility
shall comply with the then applicable building codes and shall be
obtained within 180 days from the date the facility is damaged or
destroyed. If no permit is obtained or if the permit expires, the
tower or antenna shall be deemed abandoned.
[Ord. No. O-01-34 § 13; Ord. No. O-03-37 § 13]
Any antenna or tower that is not operated for a continuous period
of 12 months shall be considered abandoned, and the owner of such
antenna or tower shall remove the same within 90 days of receipt of
notice from the City notifying the owner of such abandonment. Failure
to remove an abandoned antenna or tower within 90 days shall be grounds
to remove the tower or antenna at the owner's expense by application
to a court of competent jurisdiction. If there are two or more users
of a single tower, this provision shall not become effective until
all users cease using the tower. The approval authority may require
the memorializing resolution of approval, or a memorandum thereof,
evidencing the obligation on the part of the applicant and/or the
property owner to comply with the removal provision in the event of
abandonment to be registered with the Hudson County Register of Deeds.
[Ord. No. O-01-34 § 14; Ord. No. O-03-37 § 14]
[1]
Editor's Note: Former subsection 35-26.15, previously codified
herein and containing portions of Ordinance No. O-01-34 was repealed
in its entirety by Ordinance No. O-03-37.
[Ord. No. O-95-12, § 33-9.1]
[Ord. No. O-95-12 § 33-9.2; Ord. No. O-09-28 § 2]
The duties of the Zoning Officer shall include the following:
a.
Review applications for development and issue zoning permits prior
to the issuance of construction permits provided that the proposed
construction, alteration and/or occupancy is in accordance with this
chapter or appropriate approvals have been granted.
b.
Investigate violations of this chapter coming to his attention whether
by complaint or from personal knowledge or observation.
c.
Issue written notices to persons in violation of this chapter, and
as circumstances warrant, either
d.
Authorize the issuance of certificates of nonconformity, where uses
or structures have pre-dated the adoption or amendment of this chapter
and are not in accordance with same as a result of such adoption or
amendment.
[Ord. No. O-95-12 § 33-9.3;
amended 2-17-2021 by Ord. No. O-21-10; 5-18-2022 by Ord. No. O-22-19]
a.
Application to Zoning Officer. Prior to or in conjunction with an
application for the issuance of a construction permit or a certificate
of occupancy, application shall be made for a zoning permit to the
Zoning Officer. The applicant shall submit sufficient information
for the Zoning Officer to render a decision. This shall include, but
not be limited to:
1.
Two copies of the appropriate application form, signed by the applicant.
2.
Two copies of each of the following information on one or more drawings:
3.
An electronic
copy of the documents required in Subsection 35-31.1a1 and 2, above.
Electronic submissions shall be submitted to the Zoning Officer and
may be in the following formats: PDF, Microsoft Word, JPG or any other
electronic format acceptable by the Zoning Officer. The Zoning Officer
is permitted to waive the requirement for the submission of any paper
copies.
[Added 2-17-2021 by Ord. No. O-21-10]
b.
Decision by the Zoning Officer. A decision shall be made by the Zoning
Officer within 10 business days of the submission of a complete application.
If the Zoning Officer shall determine that the application material
submitted is complete, and that the proposal is in full conformance
with this and all other applicable land use ordinances and statutes,
and that no additional reviews are required by any other agencies,
he shall forthwith issue a Zoning Permit.
If the Zoning Officer shall determine that the proposal is not
in full conformance with this and all other applicable land use ordinances
and statutes, and/or that additional reviews are required by any other
agencies, he shall forthwith issue or authorize the issuance of a
formal written Letter of Denial to the applicant, setting forth therein
the grounds for his decision.
[Amended 5-18-2022 by Ord. No. O-22-19]
[Ord. No. O-95-12 § 33-9.4]
Appeals to the Board of Adjustment pursuant to the Municipal
Land Use Law (N.J.S.A. 40:55D-70a.), may be taken by any interested
party affected by any decision of the Zoning Officer based on or made
in enforcement of this chapter or other land use ordinances. Such
appeal shall be taken within 20 days of the Letter of Denial by filing
a notice of appeal with the Zoning Officer stating the grounds of
such appeal.
Upon receipt of a notice of appeal, the Zoning Officer shall
transmit to the Board of Adjustment all papers constituting the record
upon which the action appealed was taken.
[Ord. No. O-95-12 § 33-9.5]
a.
Further Applications. If, after the receipt of a Letter of Denial,
the developer wishes to pursue the proposal for development, application
shall be made to the Planning Board or Zoning Board of Adjustment.
b.
Direct Application. A developer may file an application for development
with the Planning Board or Zoning Board of Adjustment, provided that
an application made shall make mention of every type of review being
sought.
[Ord. No. O-95-12 § 33-9.6]
a.
Authority for Variances. The Board of Adjustment, or when it has
jurisdiction pursuant to the Municipal Land Use Law, the Planning
Board, shall hear and decide requests to vary from any of the requirements
of this chapter.
b.
Jurisdiction of Planning Board. The Planning Board may hear and act
on variances pursuant to N.J.S.A. 40:55D-70(c) relating to bulk requirements
of this chapter, provided that it is in conjunction with a required
subdivision or site plan review.
c.
Jurisdiction of Zoning Board of Adjustment. The Zoning Board of Adjustment
shall hear and act on all variances, except when jurisdiction may
rest with the Planning Board as prescribed by paragraph b above. The
Zoning Board of Adjustment shall hear and act on all variances pursuant
to N.J.S.A. 40:55D-70(d).
d.
Requirements for Variance Approval. In considering and acting upon
variances the approving agency shall take into consideration the public
health, safety and welfare, the comfort and convenience of the public
in general and of the residents of the immediate neighborhood in particular,
and may prescribe appropriate conditions and safeguards as may be
required in order that the result of its action shall, to the maximum
extent possible, further the expressed intent of this chapter.
e.
Application. All application materials shall have been submitted in complete conformance with subsection 33-11.9, Variance Submittals of Chapter 33, Planning and Development Regulations. The proposed variance shall be in complete conformance with all applicable ordinances and statutes, where not varied by the approving agency.
f.
Conditions of Approval. Any approval of an application for development
for a variance granted by the municipal agency shall be subject to
the following conditions being satisfied prior to the issuance of
a development permit:
1.
Payment of any outstanding real estate taxes and property improvement
assessments.
2.
Publication of a notice of the decision by the Planning Board Secretary
or Board of Adjustment Secretary within the time established.
3.
Such other conditions which may be imposed by the municipal agency
or which may be required by Federal, State or local law.
4.
A condition setting forth the time within which all conditions must
be satisfied.
g.
Expiration of Variance. Any variance granted under this section shall
expire one year from the date of publication of the notice of the
judgment or determination of the Board of Adjustment unless construction
or alteration has actually commenced on each and every structure permitted
by the variance, or unless such permitted use has actually been commenced;
except, however, that the running of the period of limitation shall
be tolled from the date of filing an appeal from the decision of the
Board of Adjustment to a court of competent jurisdiction, until the
termination in any manner of such appeal or proceeding.
[Ord. No. O-95-12 § 33-9.7]
a.
Requirement. If required by any of the provisions of this chapter,
conditional use approval by the appropriate approving agency shall
be obtained prior to the issuance of a construction permit or certificate
of occupancy.
b.
Approving Agency. The Planning Board shall act as the approving agency for all applications for conditional use approval, except that the Board of Adjustment shall have the power to grant conditional use approval to the same extent and subject to the same restrictions as the Planning Board whenever the Board of Adjustment is reviewing an application for approval of a variance pursuant to subsection 35-31.6c.
c.
Requirements for Approval. No conditional use shall be approved unless
the approving agency makes the following determinations:
