Kearny City Zoning Code
§ 38-7.6
Private Garages in Residential Zones.
[Ord. No. 10-14-87 § 138-7.600; Ord. No. 1999-O-2 §§ 30, 40]
A private garage permitted as an accessory use in a residential district shall be subject to the following special provisions:
a.
A private garage for not more than two motor vehicles shall not be over 14 feet in height measured to the peak of a sloped roof and not over 10 feet in height measured to the highest point of a flat roof and shall not be erected within less than 25 feet of the front of the street line. On a corner lot, no part of a garage shall be nearer the side street line than the side yard dimensions permitted for the said corner lot. If a private garage accessory to a residential building is made part of the principal building, the requirements of this subsection shall not apply.
The maximum height of a garage shall be one story in height. Maximum dimensions for a one-car garage is 10 feet by 20 feet and maximum dimension for a two-car garage is 20 feet by 20 feet.
b.
Space for not more than one noncommercial motor vehicle may be leased in a private garage in the R-1 District, and space for not more than two non-commercial motor vehicles may be leased in a private garage for not more than three motor vehicles in an R-2 and R-3 District.
c.
Upon mutual agreement between property owners, party-wall garages may be built across a common lot line. Otherwise, a private garage for not more than three motor vehicles shall be everywhere distant at least three feet from any side or rear lot line, except that if it extends to within less than 70 feet of the front street line, it shall be at least 10 feet distant from a side lot line which adjoins a lot in any residential district. In the case of a corner lot, it shall be at least eight feet distant from the rear lot line.
d.
A group of garages in the form of a motor court permitted as an accessory use to a garden-type apartment dwelling for four or more but not over 12 family units shall not be located nearer the front street line than the principal building nor within less than four feet of any side or rear lot line.
e.
Garage spaces where provided shall be used only by the owners, tenants, or guests, except as noted in paragraph b and in the following alternative ways:
1.
Within the building.
2.
Beneath any part of the side or rear yards or courts except within 10 feet of any lot line, provided no portion of the roof of such garage, except parapets, extends higher than the level of the first floor beams of the principal building and such roof is so designed as to be used for an open terrace or part of the yard.
3.
In a separate building, above the ground on the same lot, provided no part of such building is less than four feet distant from any side or rear lot line.
4.
No permit shall be issued for the erection or construction of a depressed garage, attached to a residence, as an accessory use, in a residential zone if any portion of the garage (excepting the foundation) is less than one foot above the street level of the lot upon which the garage is to be erected or constructed; provided, however, that the aforementioned prohibition shall be inapplicable where the entrance to a garage attached to a residence faces away from the public street upon which the dwelling faces, if the elevation of the land behind the garage entrance and further away from the public street is lower than the elevation of the land at the entrance to the aforementioned garage.
f.
Within any residential district, no garage built into a basement or terrace shall project in any part of a front yard by more than four feet.
g.
Notwithstanding anything in this chapter to the contrary, a private garage in a residential district, lawfully in existence on December 29, 1952, may be rebuilt or repaired and may also be extended by the addition of not more than three feet to its length, which extension may be in the front or in the rear, provided such extension is only to the first floor of the building.
h.
Private garages which are accessory uses customarily incidental to the principal permitted uses and are located on the same lot, may include a private garage for not more than three motor vehicles. Except as provided herein, such accessory uses shall not include any use customarily carried on as a gainful business or industry nor the erection or maintenance of any advertising sign except as herein specified, provided, however, that the parking of a commercial vehicle under a rated capacity of one ton shall not constitute a prohibited use under this section.
i.
Private garages accessory to garden apartment dwellings and multiple-family residences may be grouped in motor courts enclosed on all sides except for necessary driveway entrances, but shall provide storage for not more than two motor vehicles for each family dwelling unit on the premises. Garages or off-street parking spaces shall be provided as accessory uses to garden and multiple-family residences in accordance with the provisions of the Subdivision and Site Plan Ordinance.