Bayonne City Zoning Code
§ 35-5.6
Waterfront Development District.
[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.