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.
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.
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.
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.