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Hackensack City Zoning Code

Article

VII Permitted Land Uses and Land Use Standards

§ 175-7.1 Purpose.

A. 
This article establishes the uses permitted in each zone and the conditions and standards for those uses.
B. 
All uses permitted in this article shall also be subject to the standards and requirements established elsewhere in this chapter.
(1) 
Conditions or supplemental standards listed in Article VIII shall supersede the bulk, design, and performance standards established elsewhere in this chapter only with respect to the specific uses and the specific aspects bulk and design listed in those sections.
C. 
This article is not inclusive of standards for redevelopment or rehabilitation areas. Standards for redevelopment areas are contained in their respective redevelopment or rehabilitation plans, which are standalone documents on file with the City Clerk, except where those plans refer back to the Zoning Ordinance.

§ 175-7.2 Uses permitted in each zoning district.

A. 
Permitted use matrixes. The matrixes in Insert 1 and Insert 2[1] identify the uses permitted in each zoning district as permitted as-of-right, permitted as-of-right with supplemental standards, conditionally permitted, or permitted as accessory uses.
(1) 
Uses permitted in residential zone districts. Uses permitted in the residential zone districts (R-50 to R-100; R-2 and 2B; R-3, 3A, and -3B; and R-4) are identified in Insert 1.
(2) 
Uses permitted in nonresidential zone districts. Uses permitted in nonresidential zone districts (B Business Zones, M Industrial Zones, and others) are identified in Insert 2.
(3) 
Any use which is not specifically identified in Insert 1 or Insert 2 as a principal permitted use, a principal permitted use with supplemental standards, or a conditional use, is prohibited.
(4) 
In addition to uses which are not identified as permitted in Insert 1 or Insert 2, any use listed at Article X, Prohibited Uses in All Zoning Districts, is a prohibited use.
(5) 
Any accessory use which is customarily incidental and subordinate to a principal use is presumed to be permitted, regardless of whether it is specifically listed in Insert 1 or Insert 2. The omission of any accessory use from the lists in Insert 1 or Insert 2 is not necessarily a prohibition thereof, provided that the accessory use in question can be found to be customarily subordinate and incidental to the principal use. Any use that is not customarily subordinate and incidental to the principal use is legally a principal use.
(6) 
No use listed in Insert 1 or Insert 2 shall be presumed to include uses associated with recreational or medicinal cannabis. Any permitted cannabis establishment will be specifically listed as such.
(7) 
Any use that is permitted with supplemental standards as listed in § 175-8.1 shall be permitted as of right. Deviation from the standards in that section may only be allowable where an applicant is granted variance relief in accordance with N.J.S.A. 40:55D-70.c.
(8) 
Conditional uses shall be permitted only if the conditions for those uses are met. Where an application for a conditional use does not meet one or more of the conditions in § 175-8.2, variance relief shall be required in accordance with N.J.S.A. 40:55D-70.d(3).
[1]
Editor's Note: Inserts 1 and 2 are included as attachments to this chapter.
B. 
Consistency with definitions. In addition to any standards established in this article for uses, all uses shall be required to be consistent with applicable definitions in § 175-2.2. Deviations from definitions may require variance relief consistent with either N.J.S.A. 40:55D-70.c or N.J.S.A. 40:55D-70.d.
C. 
Number of uses. Unless otherwise provided within this article, there shall not be more than one principal use on any property within a Residential (R) Zoning District on a single lot, property, or tract.
D. 
Applicability of other articles. Notwithstanding the standards in this article, all uses shall be required to comply with the performance standards in Article XV, and site layout standards in Article XII and design standards in Article XIII, as well as other applicable laws and regulations.
E. 
The zones addressed in this section do not include overlay zone districts, which are addressed in Article IX, Overlay Zoning Districts.

§ 175-7.3 Bulk and yard standards for uses permitted by right in residential zones.

A. 
All uses permitted by right in Insert 1[1] shall be subject to the bulk and yard standards in this section, except where supplemental or conditional use standards in Article VIII and/or applicable standards at Article XII apply.
B. 
Impervious coverage in front yards. Driveways paved in the front of any one- or two-family dwelling use within an R District shall not be wider than 20 feet, nor shall more than 50% of the total front yard area may be covered by impervious surfaces including driveways and walkways.
C. 
The minimum height of a one- or two-family dwelling shall be 1 1/2 stories but not less than 15 feet.
D. 
The required front yard setback for one- and two-family dwellings, if more than 50% of the common street frontage of a block is developed, shall be the same as the average front yard setbacks of the existing dwellings facing the common street of said block, but in no case less than the minimum required by this schedule.
E. 
Even where the required side yard is zero feet, a minimum side yard of six feet shall be required where a proposed development will not share a wall with a building on an adjacent lot.

§ 175-7.4 Bulk and yard standards for uses permitted by right in nonresidential zones.

A. 
All uses permitted by right in Insert 2[1] shall be subject to the bulk and yard standards in this section, except where supplemental or conditional use standards in Article VIII and/or general requirements or requirements for nonresidential districts at Article XII apply.
B. 
In the B-1 and B-2 Districts, there is no side yard required between buildings containing nonresidential uses, mixed uses, or multifamily dwelling uses; however, if a side yard is to be provided between buildings, it shall be no less than six feet wide to ensure that adequate light and air is accessible through side-facing windows.
C. 
Any building or structure devoted to a mixture of commercial and/or office or residential uses shall be designed so that those floors containing such commercial and/or office use shall adhere to all area and bulk regulations applicable to those uses. All portions of such buildings devoted to residential use shall meet all area and bulk regulations applicable to a residential structure.

§ 175-7.5 Affordable housing requirements applicability for all zoning districts and redevelopment areas.

Any development on a property located within the boundaries of the Inclusionary Overlay Zoning District (IO-1, or its sub-zones IO-1A, 1B, or 1C) shall be subject to a 10% affordable housing set-aside requirement consistent with the requirements of that overlay zone (see § 175-9.1), regardless of whether the development is intended to comply with the standards of the Overlay Zoning District or the underlying districts.
A. 
Example: A new residential or mixed-use development consisting of 10 or more residential units on a property located in the B-1 District as well as in the IO-1A overlay zone shall be required to set aside 10% of all units for low- and moderate-income households regardless of whether the developer intended to develop the property in a manner consistent with the B-1 District or the IO-1A Overlay Zone District.
B. 
Such affordable units shall also be consistent with any other applicable state or municipal affordable housing requirements.