Hackensack City Zoning Code
ARTICLE XII
Bulk, Yard, and Site Layout
§ 175-12.1 Purpose.
The purpose of this article is to locate the general bulk and yard standards all properties in the City of Hackensack.
§ 175-12.2 Supplemental height regulations.
A.
General application.
(1)
No building or structure shall have a greater number of stories or a greater number of feet than are permitted in the district where such building is located.
(2)
All building height shall be measured consistent with the definition of "building height" in § 175-2.2.
(a)
The height of a building on a corner lot shall be measured from the average top of the curb of the primary street or the street on which the principal building entrance is located.
B.
Permitted exceptions.
(1)
The maximum building heights at § 175-7.3, 175-7.4, or elsewhere in this chapter shall not apply to churches, church spires, belfries, flagpoles, water towers, fire towers, chimneys, public buildings, standard radio or television antennas, or to necessary mechanical appurtenances or to parapet walls, except as follows:
(a)
No parapet wall may extend more than four feet above the building roof;
(b)
The height of bulkheads, elevator enclosures or water tanks or other structures constructed upon the roof of a building and occupying in the aggregate less than 20% of the area of the roof upon which the same are located shall not be included as a part of the height of the building for the purpose of the regulations and restrictions of this chapter, but in no event may they exceed permitted building height by more than 10 feet.
(2)
All rooftop appurtenances shall be appropriately screened from all adjoining properties with architectural screening, the material color and composition of which shall be approved by the Planning Board.
C.
Special height restriction. Notwithstanding any other provisions of this chapter, no building or structure shall exceed a height of 100 feet above mean sea level when located within a radius of 325 feet of the dome of the Bergen County Courthouse.
§ 175-12.3 Supplemental yard regulations.
A.
General. The area required in a yard at any given level shall be open and unobstructed from such level to the sky, except for the projections and encroachments identified in § 175-12.3E.
B.
Yard setbacks and height-to-yard ratios. Where the minimum required yard differs from the yard required by height-to-yard ratio, the larger yard measurement shall apply.
C.
Front yard requirements affected by Official Map. Where any lot shall front on a street right-of-way which is proposed to be widened as indicated on the Official Map or Master Plan of the City of Hackensack, the front yard shall be measured from such proposed right-of-way line or easement line, if a dedication of right-of-way is not effectuated.
D.
Secondary front yard exceptions (corner lots). Any new corner lot delineated by a subdivision after the adoption of this chapter shall provide a secondary front yard setback line which shall be equal to or greater than the minimum front yard setback requirements.
E.
Projection into required yards. Certain features may project into required yards as follows:
(1)
Normal skylights and parapets above the bottom of such yard.
(2)
Ordinary projections of windowsills and belt courses to the extent of not more than four inches.
(3)
Cornices and other ornamental features to the extent of not more than 12 inches.
(4)
An open or lattice-enclosed iron fire escape, fireproof outside stairway or solid-floored balcony to a fire tower to the extent of not more than six feet into a yard or an inner court; provided, however, that an open or lattice-enclosed iron fire escape may project not more than eight feet into a yard or into an inner court when it does not occupy more than 20% of the area of such inner court.
(5)
Chimneys or flues may be erected within a side or rear yard to the extent of not more than six feet, provided that they shall not obstruct ventilation.
(6)
Patios may be located in any side or rear yard, provided that they are not closer than five feet to any property line.
(7)
Self-supporting walls and fences may project into any required yard, provided that any accessory retaining wall or fence is not higher than four feet in height and shall not obstruct automobile visions.
(8)
Canopies or awnings in front yards shall be permitted for multifamily buildings, hotels, and mixed-use buildings, provided ground supports and other weight-bearing features shall not interfere with pedestrian or vehicular movement and that the structure shall have overhead clearance of at least eight feet.
(9)
Unenclosed balconies, porches and steps.
(a)
Unenclosed balconies or unenclosed porches or steps may have a roof over same within the yard areas not to exceed the sizes listed:
Yard | Maximum Projection* (feet) | Maximum Area (square feet) |
|---|---|---|
Front | 5 | 35 |
Side | 3 | 25 |
Rear | 5 | 30 |
NOTES: | |
* | Into required yard |
(b)
Multiple-family dwellings may have one canopy or porch at ground level which shall not exceed 700 square feet and which shall not project farther than eight feet from the front building line nor into the public right-of-way. Said canopy or porch shall not contain any walls but shall be restricted to a roof and supporting columns only.
F.
Side yard requirements in all nonresidential areas. Except in the B-2, B-3, and M-1 Zones, no building or group of attached buildings shall have an aggregate front building wall in excess of 80% of the actual lot width.
G.
Delineation of required yard setbacks.
(1)
Interior lot, frontage upon one street. An interior lot containing frontage upon an improved and approved street will contain a front yard, two side yards and a rear yard.
(2)
Interior lot, frontage upon two streets. An interior lot containing frontage upon two improved and approved streets (a through lot) shall contain two required front yards and two required side yards.
(3)
Corner lot, frontage upon two streets. A corner lot, containing frontage upon two improved and approved streets, shall contain two required front yards, one side yard and one rear yard. The required rear yard will be located opposite the narrower of the two lot widths.
(a)
In the event the two lot frontages are equal in length, the rear yard shall be the one opposite of the frontage with the principal building entrance.
(4)
Lot containing three frontages. A lot containing frontage upon three improved and approved streets shall contain three required front yards. The fourth required setback shall be a required rear yard setback.
(5)
Three-sided triangular-shaped lot. A three-sided triangular shaped lot shall contain a required front yard and two required rear yard setbacks.
(6)
Multisided lots. A lot consisting of multiple dimensions in which a front or rear yard cannot be established shall be considered to contain all side yard setbacks.
§ 175-12.4 Supplemental lot coverage regulations.
A.
The maximum percentage of lot coverage by buildings or structures and the required area of front, rear and side yards shall be as noted in the §§ 175-7.3 and 175-7.4.
B.
All accessory buildings shall be computed with principal building in determining the coverage of the land. Where a lot is developed for use by dwelling units for three or more families, the maximum coverage at § 175-7.3 or 175-7.4 shall apply solely to the principal building. Accessory buildings may be constructed in excess of the principal building coverage, provided that the accessory building or buildings do not occupy more than 15% of the total land area.
(1)
Accessory buildings constructed below the grade of the primary street shall be excluded when determining the maximum percentage of land coverage.
C.
Paving of required yard areas. For a one- or two-family dwelling, no yard abutting a public street shall be paved in excess of 20 feet in width, and in no case shall paving in any yard abutting a public street exceed 50% of the area of that yard unless such additional paving is otherwise permitted by this chapter. The curb cut shall not exceed the width of the driveway by more than two feet.
§ 175-12.5 Number of buildings restricted.
Every residential building or residential structure hereafter erected or structurally altered shall be located on a lot, and in no event shall there be more than one principal building or structure and its accessory buildings on one lot, except in the case of apartment buildings, townhouse developments that do not involve creation by subdivision of individual townhouse lots, shopping centers, office complexes, and other permitted building complexes.
§ 175-12.6 Proximity of buildings to surface waters.
A.
No building or structure shall be erected on any lands abutting the Hackensack River with a setback of less than 100 feet from the pier and bulkhead line as established on the applicable maps of the State of New Jersey, Board of Commerce and Navigation.
B.
No parking area, driveway or other paved areas shall be placed upon any lands referred to above with a setback of less than 50 feet from the pier and bulkhead line as established by the State of New Jersey, Board of Commerce and Navigation.
C.
Every development application shall include suitable provision for a pedestrian walkway along the bank of the Hackensack River. Said walkway shall consist of a minimum thirty-foot easement area and a minimum sixteen-foot travel lane. Where NJDEP requires a minimum walkway width greater than that set forth above, their requirement shall apply. Within the thirty-foot easement area, there shall be landscaping and lighting in addition to the travel lane. Suitable access to said walkway shall be provided to enable its use by all City residents.
D.
The Planning Board shall review all site plans which involve improvements set forth in Subsections A and B above with respect to finished grades, landscaping and treatment of riverbanks where said projects are to be constructed.
E.
When determining required setbacks for buildings or structures on a property, any bodies of water, wetlands, wetland buffers, or riparian buffers shall be treated as property lines, and therefore buildings on a property encumbered by those features shall be set back from those features as they would a property boundary based on the requirements of §§ 175-7.3 and 175-7.4 unless a greater dimension is required by this chapter or the requirements of the New Jersey Department of Environmental Protection.
§ 175-12.7 Converting residential uses or portions thereof.
A.
No structure in an R-3 or R-3B District shall be converted to office use unless it is of ordinary construction or frame construction with a noncombustible veneer.
(1)
Additionally, no office shall be permitted on any story above or at the same level as any dwellings in a building where units are converted to office space.
B.
No building in an R-3 District shall be converted to a more intensive use or to include more dwelling units unless it shall be of semi-fireproof construction throughout.
