Kearny City Zoning Code
§ 38-5.3
Yard Regulations.
[Ord. No. 10-14-87 § 138-5.200; Ord. No. 1999-O-2 §§ 18 — 20; Ord. No. 2004-(O)-12; Ord. No. 2005-(O)-09 § 2; Ord. No. 2005-(O)-42 § 6; Ord. No. 2012-11; Ord. No. 2012-19; Ord. No. 2012-37]
a.
General.
1.
Required courts or yards shall be open to the sky, unobstructed except for the ordinary projection of parapets, skylights, window sills, doorposts, rainwater leaders and ornamental features, which may project not more than six inches into such yard or court. Roof overhangs may extend into any required yard a distance not to exceed 18 inches, unless the yards are in excess of eight feet, in which case a roof overhang may extend a distance not to exceed three feet.
2.
In residential districts, an open porch, one story in height, may project not more than eight feet into the required front yard, except as provided in subsection 38-5.1c. In no distance shall an open porch be located closer than 10 feet to a front lot line including any steps thereto and in no case shall it extend further than five feet beyond the majority of houses on the street.
b.
Projection into Required Yards. Certain architectural features may project into required yards as follows:
1.
A cornice may project into the required front yard to an extent not exceeding three feet or over a side yard, outer lot line court or a rear yard to an extent not exceeding 1/4 of the width of such yard or court, or to a distance of one foot in any case and to a maximum distance of not over three feet.
Wall-mounted roofs over first floor front facade entryways may project into the required front yard but not into the public right-of-way provided such roofs cover no more area than a rectangle extending four feet from the wall and having a width of no more than six feet and provided such roofed entryways remain open and not enclosed by screening or any other type of enclosure.
2.
Ground-story bay windows, oriels or balconies may project not more than three feet into any required side yard which has a width of eight feet or more. No such projecting structure shall have a width of greater than 12 feet. Uncovered steps and/or platforms may be permitted in any side yard, provided they are no more than three feet high and eight feet in length, and do not extend more than three feet from the side wall, providing the remaining side yard is not less than two feet. Chimneys may project not more than three feet into any required side yard; provided, however, that such chimneys in an R-1 District must be at least three feet from the side lot line, and in R-2 and R-3 Districts, said chimneys must be at least two feet from the side lot line.
(a)
Residential structures. Exterior chimneys or vents must be encased with either brick or other faced material compatible with the existing exterior finish.
(b)
Commercial structures. Exterior chimneys or vents which face a public right-of-way or are in public view, must be encased with either brick or other faced material compatible with the existing exterior finish.
3.
An open fire escape or balcony to a fire tower may project no more than four feet into a required yard area.
4.
Patios may be located in any side or rear yard, provided that they are no closer than two feet to any property line.
5.
Raised platforms including decks, swimming pool decks, and uncovered porch platforms may be located in any side or rear yard provided that such structure is not closer than three feet to any property line. Such structures are not subject to lot coverage or improved lot coverage requirements.
(a) BALCONY, EXTERIOR DECK PORCH
Definitions.
Shall mean an exterior floor projecting from and supported by a structure without additional independent supports.
Shall mean all exterior floor supported on at least two opposing sides by an adjacent structure, and/or posts, piers or other independent supports.
Shall mean a roofed open area, which may be screened, usually attached to or part of and with direct access to or from a building.
(b)
Raised platforms and platforms surrounding aboveground swimming pools may be located in any side or rear yard provided that such structure is not closer than three feet from any property line. Such structures are not subject to lot coverage or imposed lot coverage requirements.
6.
Decks may be allowed subject to the following conditions:
(a)
Decks shall only be located in the side or rear yards of a specific property.
(b)
Decks shall be subject to the bulk yard requirements (side and rear yard) of the zone in which they are located, however, a deck may extend 10 feet into the rear yard setback.
(c)
The deck structure shall be calculated into the improved lot coverage requirements of the zone in which they are located to the extent that the area of the deck (in addition to any patios) exceeds 100 square feet.
(d)
Second story decks may be allowed but may not be larger than 100 square feet.
7.
Brick paver patios may be allowed subject to the following conditions:
(a)
Brick pavers shall be defined as blocks made from shale and/or clay, which are kiln fired and manufactured in molds.
(b)
Brick paver patio shall be subject to the bulk yard requirements (side and rear yard) of the zone in which they are located.
(c)
The brick paver patio shall be calculated into the improved lot coverage requirements of the zone in which they are located to the extent that the area of the brick paver patio in the aggregate (in addition to any deck structure) exceeds 100 square feet.
(d)
The 100 square foot exemption listed within paragraph c shall only be applicable if the brick paver patio is constructed atop a stone or gravel base with the stone or gravel base being laid directly atop undisturbed, permeable earth. Brick paver patios which are constructed atop impervious surfaces such as concrete, asphalt or plastic tarps shall not be considered permeable and shall not be subject to the 100 square foot exemption within paragraph b,7(c).
c.
Front Yard Exception. Every lot in a residential district shall have a front yard as required in Schedule II, Area, Yard and Bulk Requirements[1] except that within the same residential district where the average front setback of existing buildings along the same side of the street, within the same block, and within 200 feet of the subject lot is greater than that in Schedule II, that average setback shall be considered the minimum. The required building setback shall apply to any story or part of any building except that cornices and eaves shall be allowed to protrude up to two feet further than the main building wall. The front yard setback in R-1 Zones shall be the prevailing setback of the neighborhood. If the setback is greater than the minimum twenty-foot front yard setback, the greater setback shall prevail. The front yard setback in the R-1M Zone shall be the prevailing setback of the neighborhood. If the length is greater than the minimum 20 feet front yard setback, the greater setback shall prevail.
Where the front yard is not controlled by the preceding paragraph, no principal residential building shall extend within the specified distance from the front lot line indicated in Schedule II, Area, Yard and Bulk Requirements, except that an uncovered porch may extend into a required front yard as indicated herein.
[1]
Editor's Note: Schedule II, referred to herein, may be found as an attachment to this chapter.
d.
Front Yard Requirements Affected by Official Map or Master Plan. Where any lot fronts upon a street right-of-way which is proposed to be widened as indicated on the Official Map of the Town of Kearny, or in the adopted Master Plan of the Town of Kearny or by the Hudson County Master Plan or Official Map, as provided by law, the front yard or front side in such district shall be measured from such proposed future right-of-way line.
e.
Rear Yard Exception. When, at the time of the adoption of this chapter, there is a lot of less than 100 feet depth, the rear yard may be reduced one foot for every two feet of deficiency from the prescribed depth of the rear yard, provided no part of any rear yard shall be less than 20 feet in depth.
f.
Courts.
1.
In any residential district, where permitted, the minimum width of an inner court at its lowest level shall not be less than eight inches per foot of height of the enclosing walls of such court measured from the sills of the lowest story served by it, and the maximum horizontal dimension of an inner court shall be not less than twice its width; the least width of an outer court between the walls thereof shall be at any given height not less than four inches per foot of such height. The depth of an outer court shall not exceed twice the width.
2.
In any business or industrial district, where permitted, the minimum width of an inner court at its lowest level shall be not less than four inches per foot of height of the enclosing walls of such court measured from the sills of the lowest story served by it; the least width of an outer court on a lot line shall be at any given height not less than three inches per foot of height above the lowest level of such court. The depth of an outer court shall not exceed twice its width.
g.
Yard Requirements for Apartments in Commercial Zones.
1.
Front Yard. For any building in a commercial zone used for residential purposes, in whole or in part, a front yard setback shall be provided which shall be equal to 1/2 the height of the building or a minimum of 10 feet, whichever is greater.
2.
Side Yard. If a business building is used for dwelling purposes above the first floor, such residential part of the building as may be more than two rooms deep shall be set back not less than four feet from any side lot line.
3.
Rear Yard. For any building in a commercial zone used for residential purposes, in whole or in part, or for any story of a building containing living or sleeping rooms, a rear yard shall be required with a minimum depth of 20 feet, and its level shall be not higher than the floor of the lowest story containing living quarters.