Hasbrouck Heights City Zoning Code
ARTICLE V
Supplementary Lot, Yard and Bulk Regulations
§ 275-15 Lot regulations.
A.
Every principal building or structure shall be built upon a lot with at least the minimum required frontage as set forth on Schedule 2[1] upon an improved and approved street.
[Amended 5-14-1991 by Ord. No. 1584]
[1]
Editor's Note: Said schedule is included at the end of this chapter.
B.
The minimum lot width shall be measured at the required front yard setback line.
[Amended 5-14-1991 by Ord. No. 1584]
C.
Corner lots.
[Amended 4-28-1998 by Ord. No. 1813]
(1)
A corner lot shall have two front yards, one rear yard and one side yard, as follows:
(a)
One front yard along the entire length of the shorter street line.
(b)
Another front yard along a portion of the longer street line from the intersection of the two streets to the beginning of the rear yard as provided in Subsection C(1)(c) hereof.
(c)
A rear yard along the entire shorter interior lot line and running the entire width of the lot opposite the lot's shorter frontage.
(2)
All such yards as defined herein shall comply with the respective yard requirement set forth in the Schedule of District Regulations.[2] Neither the location of driveways, front doors, front facades or other architectural elements nor the designation of an address for the premises shall be relevant in regard to determining the designation or location of a required yard.
[2]
Editor's Note: See Schedule 1 at the end of this chapter.
D.
Within any sight triangle, no grade, vegetation, sign or other object shall be allowed to exceed a height of 30 inches above the adjacent roadway or be placed in such manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. Said triangle shall be formed by the street lines of such lot by a line drawn between points along such street lines 25 feet distant from their point of intersection.
E.
Where a single lot under individual ownership extends from one street to another, defined herein as a "through lot," both frontages shall be subject to the front yard requirements of this chapter.
F.
In all cases where a lot is divided by one or more district boundary lines, regulations for the less restricted portions of such lot shall not extend into the more restricted portion.
§ 275-16 Yard regulations.
B.
Projections into required yards; general exceptions.
(1)
The ordinary projection of parapets, windowsills, doorposts, rainwater leaders and similar ornamental or structural fixtures may project a maximum distance of six inches into required yards, and roof overhangs including gutters may project a distance of 18 inches into required yards.
[Amended 6-13-1995 by Ord. No. 1713]
(2)
Cornices, canopies, eaves, bay windows, balconies, uncovered stairways and necessary landings and other similar architectural features may project a maximum distance of six inches into required yards.
(3)
Chimneys or flues may project a maximum distance of six inches into required yards, except in residential zones, wherein one such chimney may project no more than 24 inches as long as such projection has a width of no more than six feet and so long as such projection is in either the front, rear or the larger of the two side yards only.
[Amended 2-8-1994 by Ord. No. 1665]
(4)
Patios and decks may be located in any required rear yard, provided that they meet the required bulk standards, so long as they do not exceed a height of three feet over the natural grade of such yard, exclusive of railings, which shall not exceed an additional height of 42 inches. Decks exceeding a height of three feet over the natural grade of such yard may be located in any required rear yard but only in accordance with the provisions contained in § 275-21A(7).
[Amended 3-13-2007 by Ord. No. 2154]
(6)
Unenclosed structures, commonly known as porches or stoops, together with the steps leading thereto may project into any required front yard a distance of no more than six feet so long as such structures have a width no greater than six feet and a height no greater than four feet exclusive of open rails and banisters as required by the BOCA Code.
[Added 6-13-1995 by Ord. No. 1713]
(7)
In addition to the limitations imposed by § 275-36F(3) upon the location of central air-conditioning equipment, heat pump units and other HVAC equipment, such equipment which serves a single- or two-family dwelling structure and which must be installed on the exterior of a structure may encroach upon any portion of the rear yard or upon any side yard so long as it is at least 10 feet in width and is located behind the front setback line but, in either case, as close as reasonably possible to the exterior wall of the structure which it serves and extending therefrom no more than 3.5 feet and, if in such side yard, then no closer to the nearest side or rear line than 6.5 feet. In all other respects, the requirements of § 275-36F shall apply.
[Added 8-9-2005 by Ord. No. 2097]
(8)
Improvements to a one- or two-family dwelling such as ramps, railings or other facilities together with reasonably required appurtenances which are found and determined by the Zoning Enforcement Officer to be necessary to accommodate a handicapped person either who resides upon such premises or who regularly uses such premises for so long as such handicapped person resides thereupon or uses the premises regularly but nevertheless only after the Zoning Enforcement Office finds and determines that said proposed improvements are reasonably designed to minimize any negative impact that they may have upon the adjacent premises. Such improvements shall be removed when the handicapped person for whom the improvements are intended no long resides upon or no longer regularly uses the subject premises.
[Added 5-26-2009 by Ord. No. 2212]
C.
Front yard requirements affected by Master Plan or Official Map. Where any lot fronts upon a street right-of-way which is proposed to be widened as indicated on an Official Map or an adopted Master Plan of the Borough of Hasbrouck Heights, the front yard shall be measured from such proposed future right-of-way line.
D.
Front yard requirement affected by future widening. Where any lot fronts upon a street right-of-way which is proposed to be widened by means of a proposed dedication of land for a right-of-way widening or proposed easement for road-widening purposes, the front yard shall be measured from such proposed future right-of-way or easement line.
§ 275-17 Height regulations.
A.
No building or structure shall have a greater number of stories or greater number of feet than is permitted in the district where such building is located.
B.
Chimneys, flues, church spires, belfries, cupolas, parapet walls, flagpoles, fire towers, water towers and all other necessary mechanical appurtenances and similar features, but excluding telegraph, radio and television transmission or other antennas, shall be exempt from the height provisions of this chapter, provided that:
(1)
The height of each such feature shall not exceed three feet above the actual height of such roof.
(2)
The aggregate area covered by all such features, but excluding solar heating features, shall not exceed 15% of the area of the roof of the building of which they are a part.
(3)
Purely architectural embellishments for purposes of providing light, such as atrium roofs or skylights, shall also be permitted, provided that the same do not exceed a height of five feet above the finished roof, and provided that the same do not occupy, in addition to the other appurtenances heretofore allowed by this section, more than 20% of the roof area.
(4)
The exterior treatment of all such mechanical penthouses and other projections also permitted herein shall be of materials substantially similar to the facade of the building itself and shall be similarly designed so as to be architecturally an integral part of the structure. The determination of compliance with all aspects of this section shall be by the approving authority as a function of site plan approval.
§ 275-18 Design controls in residential zones.
B.
Ceiling height in residential districts. In all dwellings, heights of ceiling shall be not less than eight feet.
C.
Architectural design of residential structures. Buildings of substantially the same architectural design shall not be constructed within 250 feet of each other.
D.
Exterior stairways. No exterior stairway shall be constructed, used or permitted to the second floor of any residence in any zone in the Borough of Hasbrouck Heights. Nothing herein contained shall prohibit a fire escape constructed as provided by the Fire Prevention Bureau of the Borough of Hasbrouck Heights or the BOCA Code requirements of the Borough of Hasbrouck Heights as to any apartment house housing more than two families or any business or industrial premises. Further excepted from this prohibition shall be staircases leading from decks constructed pursuant to §§ 275-16B(4) and 275-21A(7) if the door or doors leading from such premises is or are intended primarily to provide access to that deck.
[Amended 2-13-2007 by Ord. No. 2151]
§ 275-19 Hours of business.
[Amended 8-13-1991 by Ord. No. 1601; 7-11-2017 by Ord. No. 2390]
A.
In all zones except in the B-2 Highway Commercial Zone or in the I Industrial Zone, retail establishments shall not be open to the public for business between the hours of 12:00 midnight and 6:00 a.m., with the exception of the following uses:
(1)
Establishments the hours of which are specifically regulated under the laws of the State of New Jersey and the regulations promulgated or ordinances adopted thereunder may operate in accordance with those hours.
(2)
Home delivery of newspapers, magazines and periodicals may operate at any hour.
(3)
Home milk delivery routes may operate at any hour.
(4)
Motor vehicle transportation for hire may operate at any hour.
(5)
Medical facilities may operate at any hour.
(6)
Barbershops, beauty parlors, hair-cutting facilities, nail salons and other such personal care businesses shall not be open to the public for business between the hours of 12:00 midnight and 6:00 a.m. but on Sundays they may be open to the public for business only between the hours of 9:00 a.m. and 4:00 p.m.
B.
In B-2 Highway Commercial Zone or in the I Industrial Zone, retail establishments shall not open to the public for business between the hours of 2:00 a.m. and 5:00 a.m., with the exception of the following uses:
(1)
Establishments the hours of which are specifically regulated under the laws of the State of New Jersey and the regulations promulgated or ordinances adopted thereunder may operate in accordance with those hours.
(2)
Places of lodging, such as hotels, motels or guest houses may operate at any hour.
(3)
Emergency towing of motor vehicles may operate at any hour.