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Bayonne City Zoning Code

§ 35-5.26

Area, Yard, Height and Density Requirements.

[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:
1. 
Subdivisions involve only a transfer of property with no expansions of nonconforming characteristics, units and/or nonresidential square footage.
2. 
Party walls meet sufficient fire ratings or their equivalents.
3. 
All utility connections are separated to serve each created lot individually.
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