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Bayonne City Zoning Code

§ 35-5.17

I-H Heavy Industrial District.

[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; 2-14-2024 by Ord. No. O-24-10]
a. 
Purpose. The Heavy Industrial District (I-H) is intended to provide a location for manufacturing, assembly, distribution and the refining and distribution of petroleum products; outdoor storage supporting these uses; the production and transmission of energy through alternative energy sources and similar such processes; contractor, heavy equipment and utility storage yards, and similar industrial uses.
b. 
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 Establishments."
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.
c. 
Permitted Accessory Uses.
1. 
Permitted accessory uses in the IL-A and IL-B Districts.
2. 
Maintenance building not exceeding 30,000 square feet in gross floor area.
3. 
Gatehouses and security buildings, each not exceeding 1,000 square feet in gross floor area.
d. 
Permitted Conditional Uses. Subject to conditional use standards of Schedule II in subsection 35-5.28, Conditional Uses, as applicable:
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 § 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 twenty-five-foot-wide buffer shall be provided.
(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, and its geographical extension eastward, 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.
3. 
Renewable Electricity Transmission, Conversion and Storage Facilities, subject to the criteria herein. Such facilities for this use may consist of a facility or combination of facilities dedicated to supporting, transmitting, switching, regulating, converting, or storing energy (including, but not limited to, energy generated by wind, solar, or other green sources), such as an electrical substation, converter station, battery storage, circuit breakers, power conditioning equipment, or any related electrical components. Such facilities may include customary accessory uses, such as, but not limited to, any electrical components, office/operation buildings, security buildings, spare part storage, transformers, battery storage, catenary system, and transmission and distribution lines either above ground, submerged, or underground for connection to the electrical grid. Renewable electricity transmission, conversion and storage facilities are subject to the following conditions:
(a) 
Such use shall be permitted on Block 418, Lots 3 and 4; Block 419, Lots 1 and 1.01; Block 427, Lot 3; Block 480, Lot 1; Block 481, Lots 3, 3.01, 5.03 and 6; and Block 482, Lots 3, 4, 4.01, 5, 6 and 9.02, only.
(b) 
In addition to the review and approval of the such use under N.J.S.A. 40:55D-1 et seq., any such proposed development shall be subject to review for the secure access and perimeter of the site by the appropriate level of government up to and including the U.S. Department of Homeland Security, as required by law.
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: 90% of total lot area.
f. 
Special Requirements.
1. 
All uses are subject to performance standards of subsection 35-5.27.
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 "'I" 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 shall include the following:
(a) 
Block 412 - Lot 3 (6.43 ac.);
(b) 
Block 415 - Lot 1 (2.59 ac.);
(c) 
Block 415 - Lot 2 (7.53 ac.);
(d) 
Block 416 - Lot 3 (17.56 ac.);
(e) 
Block 417 - Lot 1 (6.22 ac.);
(f) 
Block 417 - Lot 3 (8.99 ac.); and
(g) 
Block 417 - Lot 2 (2.07 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.