Secaucus City Zoning Code
ARTICLE I
General Provisions
§ 135-1 Title; purpose.
This chapter, to be known in its short form as the "Zoning Ordinance of the Town of Secaucus," is a chapter designed to limit and regulate buildings and uses as to their extent and impact upon the landscape. This chapter specifies districts in which particular uses are permitted or prohibited and details the regulations concerning the construction of structures permitted within these districts.
§ 135-2 Definitions.
A.
Words in the present tense include the future. "Shall" and "should" are mandatory.
B. ACCESSORY STRUCTURE OR USE BASEMENT BUILDING BUILDING COVERAGE BUILDING LINE CELLAR COMMERCIAL MESSAGE CORNER LOT COURT CURB CUT CURB LEVEL DECK DORMER DRIVEWAY DWELLING DWELLING, SINGLE-FAMILY DWELLING, TOWNHOME DWELLING, TWO-FAMILY FAMILY FLOOR AREA RATIO FRONT YARD GARAGE or CARPORT HEIGHT LIMIT HOME OCCUPATION IMPERVIOUS SURFACE LOT AREA LOT AREA PER DWELLING UNIT LOT COVERAGE LOT WIDTH NONCONFORMING USE OR STRUCTURE OPEN SPACE PERSON SIGHT TRIANGLE SIGN STORY STORY, HALF STREETLINE STRUCTURE STUDIO USE VEHICLE YARD(1) (2) (3)
The following words and phrases shall have the meanings herein indicated:
A structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use. No accessory structure shall be used for human habitation.
[Amended 5-10-2022 by Ord. No. 2022-5]
A space within a building having 1/2 or more of its floor-to-ceiling height above the average elevation of the adjoining ground with its floor-to-ceiling height seven feet or greater.
A structure which has one or more floors and a roof and is fixed permanently to the land.
The total land area covered by the ground floor(s) of all principal and accessory buildings measured from the exterior face of exterior walls.
A line parallel to the street right-of-way line touching that part of a structure or an enclosed portico/porch closest to the street.
[Amended 5-10-2022 by Ord. No. 2022-5]
A space within a building having less than 1/2 of its floor-to-ceiling height above the average elevation of the adjoining ground or with a floor-to-ceiling height of less than seven feet.
Any sign wording, logo, figure, symbol, color, illumination, fixture, projection, or other representation that, directly or indirectly, names, advertises, or calls attention to a business product, service, or other commercial activity.
A lot or parcel of land abutting upon two or more streets at their intersection forming an interior angle of less than 135 degrees.
An open, unoccupied space other than a front, side or rear yard on a lot.
An edging built along the street to form part of a gutter which has been cut away, usually so that vehicles may have access to a driveway.
The permanently established grade of the curb in front of the lot.
Any open or uncovered structure or platform, any portion of which is attached to and accessible from any level of a dwelling unit.
A top floor projection built out from a sloping roof that contains a window.
[Amended 5-10-2022 by Ord. No. 2022-5]
A private roadway providing access from a public right-of-way to a lot, property, premises or garage beginning at the streetline.
A single unit providing complete, independent living facilities for one or more persons, living together as a single family or domestic unit, including permanent provisions for living, sleeping, eating, cooking and sanitation.
A residential building containing one dwelling unit that is not attached to any other dwelling by any means and is surrounded by open space or yards.
A one-family dwelling unit in an attached row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
A residential building containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
Either an individual or two or more persons related by blood, marriage or adoption living together as a single housekeeping unit in a dwelling unit; or a group of persons, who need not be related by blood, marriage, or adoption living together as a single housekeeping unit in a dwelling unit; plus, in either case, usual domestic servants. A "family" may include any number of gratuitous guests or minor children not related by blood, marriage or adoption. A "family" does not include persons living together in rooming houses, boarding houses, or commercial residences.
The ratio of usable floor area permitted in a building in relation to the area of the lot on which the building stands.
A yard extending the full width of the lot along the front line and extending in depth from the lot line to the nearest point of the permitted principal or accessory building on the lot. The front stairs are excluded.
[Added 5-10-2022 by Ord. No. 2022-5]
A shelter that has the primary function of storage or protection of vehicles, boats, or trailers.
The distance measured from ground level to the peak of the roof.
The utilization of a portion of a residence by the owner for professional offices or studios.
A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water; meaning any surface with a water percolation rate greater than 120 minutes per inch. For the purposes of this chapter, stormwater management basins, swimming pools and dry wells shall not be considered impervious surfaces; however graveled areas shall be so considered.
The area of a tract of land in single ownership located within a block.
The amount of lot area required for each dwelling unit.
The area of a lot covered by any impervious surface.
The mean horizontal distance between the side lot lines of a zoning lot.
A structure, the size, dimension or location (or a use or activity) of which was lawful prior to the adoption, revision or amendment of the Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment; a use or structure which does not comply with the present zoning conditions but existed lawfully and was created in good faith prior to the enactment of the zoning provision.
Any landscaped area, including any uses required to be conducted within the open space, but not including vehicular parking or loading areas or driveways. It is the land area minus building area and vehicular area and includes usable roof area.
Any individual, corporation, partnership, unincorporated association, or other legal entity.
A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.
Any object, device, display, mural or structure, or a part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design symbols, fixtures, colors, illumination or projected images. This definition shall specifically include any building or part of a building, including walls and facades used for such purposes and shall further include banners, pennants, flags and similar attention attracting devices.
That portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and ceiling next above it. A cellar shall not be considered a story. A basement shall be considered a story where the finished surface of the floor above the basement is:
A space under a pitched roof at the top of a building, the floor of which is at least three feet, but no more than five feet below the plate and where the floor area that is five feet or less in floor-to-ceiling height is a minimum of 40% of the total floor area of the story.
The edge of the existing or future street right-of-way forming the dividing line between the street and lot.
A structure is considered a permanent piece of equipment, or item that is installed on concrete, a concrete pad or footings or which can not be readily moved and which may or may not be attached to the residence through electrical or plumbing or other utility.
The workshop of an artist or artisan, but not to include performing arts.
Any activity, occupation or operation carried out in a building or on a tract of land.
Shall have the meaning set forth in Title 39 of the New Jersey Statutes (Motor Vehicle and Traffic Regulations).
The required open area on a zoning lot along the lot lines. A "yard" shall be free from all structures. Items such as roof overhangs, gutters and leaders shall not be considered structures for purposes of this definition.
FRONT YARDA yard extending the full length of the front lot line.
REAR YARDA yard extending the full length of the rear lot line.
SIDE YARDA yard extending along a side lot line from the front lot line to the rear. For corner lots, any lot other than a front or rear yard shall be a "side yard."
§ 135-3 Nonconforming uses, lots and structures.
[Amended 4-12-16 by Ord. No. 2016-8; 5-10-2022 by Ord. No. 2022-5]
A.
Nonconforming structures or uses utilized prior to the adoption of this chapter shall not be changed in structure or use unless the proposed structure or use conforms to this chapter. Nonconforming structures or uses which are partially destroyed (less than 50%) or in need of repairs may be rebuilt or repaired but not expanded. Nonconforming structures or uses existing at the time of adoption of this chapter may continue to exist but may not expand.
(1)
For nonconforming structures or uses that are abandoned or discontinued for 12 continuous months, any subsequent use or occupancy of the land or structure in which the nonconforming use was located shall comply with the regulations of the zone in which it is located. No use that is an accessory to principal nonconforming use shall continue after such principal use has ceased or terminated unless otherwise permitted by the applicable zoning regulation.
[Added 4-12-16 by Ord. No. 2016-8]
B.
Nonconforming Lots. The following requirements shall apply to nonconforming lots:
(1)
Merging of substandard lots. Whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not each of the lots may have been approved as portions of a subdivision or acquired by separate conveyance or by other operation of law, and one or more individual lots should, by reason of exceptional shallowness, topographical conditions, substandard area or yard space or similar measurements, not conform with the minimum lot area and dimension requirements for the zone in which it is located, the contiguous lots shall be merged into a single lot.
(2)
Nonconformity from public dedication. Whenever the owner of a lot existing at the time of adoption of this chapter has dedicated or conveyed land to the municipality in order to meet the minimum street width requirement of the Official Map or Master Plan of the municipality, the Construction Official shall issue building and occupancy permits for the lot whose depth and/or areas are rendered substandard in area only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.
§ 135-3.1 Expansion of non-conforming uses prohibited; exceptions.
[Added 5-10-2022 by Ord. No. 2022-5]
A.
A non-conforming use shall not be extended, expanded, enlarged or increased in density or otherwise altered so as to increase the degree of non-conformity. However, the following shall be permitted:
(1)
A dormer may be constructed from a sloping roof provided, however, that the existing floor space is not increased, the existing roof ridge remains the same and such expansion shall not be inconsistent with any other section of this Code.
(2)
A deck may be constructed on a lot provided that such deck, in and of itself, does not violate any side yard, front yard, or rear yard requirements, or open space requirements, and such construction shall not be inconsistent with any other section of this Code. Existing non-conforming decks can be replaced in the same position.
(3)
Existing non-conforming steps leading to the principal structure may be replaced in same location and same size.
(4)
Existing sunken/depressed driveways and garage may be removed or filled in without a Zoning Board of Appeals hearing at the property owner’s request upon the provision of proof of flooding conditions.
§ 135-4 Construction.
No building or premises shall be erected or altered for any purpose other than a purpose permitted in the zone in which the building or premises is located.
§ 135-4.1 Other general provisions.
A.
Yards for corner lots. Each corner lot shall have one front yard, one rear yard and two side yards. The front yard shall abut a streetline and shall be determined by the location of the main door to the building. The rear yard shall be the yard opposite the front yard. One of the side yards shall abut a streetline.
B.
Reverse frontage lots. Residential lots which have frontage on both a residential access street and a higher order street such as a collector or arterial road shall establish the front yard facing the lower order street and the rear yard facing the higher order street.
C.
Frontage on culs-de-sac or curved streets. The minimum lot frontage may be reduced on curved alignments with an outside radius of less than 500 feet to not less than 75% of the required minimum provided that the width of the lot at the building setback line is equal to or greater than the lot frontage requirement.
D.
Frontage on corner lots. The minimum frontage requirement for any residential lot shall be met by the lowest order street. In the case of a corner lot with two streets of the same hierarchy, either residential street frontage may meet the minimum lot frontage required for that zone. The minimum frontage requirement for any nonresidential lot may be met by any street frontage.
E.
Basement and cellar occupancy. No dwelling unit shall be permitted that utilizes a basement without also occupying another story fully above ground. No cellar shall be used for habitable space.
F.
Sight distance. When an application for site plan or subdivision is made, an easement for clear sight distance shall be established at any intersecting rights-of-way wherein no planting or structures with a cross-section in excess of 1/2 square foot shall be installed that exceeds 30 inches in height. Such clear sight easement shall be in accordance with N.J.A.C. 5:21-4.19(b)6 as it may be amended or superseded. In the event that no application for development is required, no such structure or tree shall be planted on the corner of a lot in the triangular-shaped area bounded by the intersecting curblines (or edges of cartways in the event there is no curb) to a point 25 feet therefrom and the connecting line thereto. The Zoning Officer may require the removal by the landowner or tenant of any object within this area found to obstruct clear sight distance regardless of the height of the object or its cross-sectional area.
G.
All variance applications must take into account and comply with Town of Secaucus licensing requirements.