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Kearny City Zoning Code

§ 38-5.1

Lot Regulations.

[Ord. No. 10-14-87 § 138-5.100; Ord. No. 2004-(O)-12; Ord. No. 2005-(O)-09 § 2; Ord. No. 2018-12]
a. 
Existing Zone Lots of Record. In any residential zone, only a one-family dwelling may be erected on a nonconforming zone lot of official record at the effective date of this chapter, as to minimum lot area; provided, however, that no adjacent or adjoining vacant land exists or existed at the time of the effective date of this chapter which would create a conforming lot if all or part of the vacant land were combined with subject lot. No lot or lots in single ownership hereafter shall be reduced so as to create one or more nonconforming lots. The conversion of a dwelling to three or more dwelling units on a lot of nonconforming area shall be considered a variance under N.J.S.A. 40:55D-70d.(5).
b. 
Lot Width. The minimum lot width of any lot shall be measured at the front yard setback line as required for the district in which it is located. In cases of irregularly shaped lots whose sides are not parallel, the street frontage shall not be less than the 75% of the minimum lot width required; provided, however, that the lot width as measured at the front yard setback line shall be no less than the minimum lot width, as specified in the Zoning Schedule, for the district in which the lot is contained.
c. 
Corner Lots. At all street intersections involving Passaic Avenue, Belgrove Drive, Kearny Avenue, Davis Avenue, Schuyler Avenue, Midland Avenue, Bergen Avenue and Belleville Turnpike, no obstruction exceeding 30 inches in height above the established grade of the street at the property line, other than an existing building, post, column, hedge or tree, shall be erected or maintained on any lot within the sight triangle area bounded by the line drawn between points along such street lot lines 25 feet distant from their intersection. The determination of the front yard of a corner lot shall be at the option of the owner or developer and shall be so designed on all maps and official records.
On a corner lot involving any one of the above mentioned major streets, each story or part of a building, shall be set back from the side street a minimum of 1/2 the required front setback or 15 feet in an R-1 or R-2 Zone and 10 feet in an R-3 Zone, whichever is greater. The provisions of the sight triangle area, indicated in the preceding paragraph shall prevail where there is a conflict with the provisions of this section. All other corner lots in any R-1 Zone, shall have two front yards. The minimum front yard setback on the shorter street frontage of the property shall be 20 feet, or the prevailing setback of the neighborhood, whichever is greater; and, the minimum front yard setback on the longer street frontage of property shall be a minimum of eight feet, unless otherwise provided in the preceding paragraph in 38-5.1c above.
All corner lots in the R-1M Zone shall have two front yards. The minimum front yard setback shall be 20 feet or the prevailing setback of the neighborhood, whichever is greater. The minimum lot frontage for corner lots shall be 60 feet; the minimum lot area shall be 6,000 square feet.
d. 
Through Lots. A through lot shall be considered as having two street frontages, both of which shall be subject to the front yard requirements of the Zoning Schedule of this chapter. For location purposes of accessory uses and projections into the required yards only, such as decks, sheds, patios, pools, and all other accessory uses and projections into the required yards as defined under this Chapter, the yard opposite of the dwelling's main ingress shall be considered the rear yard on residential through lots.
e. 
Required Area or Space Cannot Be Reduced. The area or dimension of any zone lot, yard, parking area, nonconforming use, or other space shall not be reduced to less than the minimum required by this chapter; and if already existing as less than the minimum required by this chapter, the area or dimension may be continued and shall not be further reduced.