West New York City Zoning Code
ARTICLE II
Establishment of Districts; Zoning Map
§ 414-3 Districts established.
A.
The Town of West New York is hereby divided into the zones or districts shown on the Zoning Map and listed below:
[Amended 5-12-2008 by Ord. No. 7/08]
R-M | Medium-Density Residential | |
R-H | High-Density Residential | |
C-R | Retail and Service Commercial | |
C-H | Heavy-Impact Commercial | |
I-L | Light-Impact Industrial | |
CWD | Controlled Waterfront Development | |
– | Infill Development |
B.
For purposes of this chapter, the more restricted district shall be deemed to be that district which is subject to regulations which prohibit the particular use intended to be made of said lot or which regulations require higher standards with respect to densities, coverage, setbacks, yards, screening, landscaping, parking and similar requirements.
§ 414-4 Interpretation of district boundaries.
A.
In determining the boundaries of districts shown in the Zoning Map, the following rules shall apply:
(1)
Unless otherwise shown, the district boundary lines of streets, alleys, parkways, waterways, railroad rights-of-way or such lines extended shall be the district lines.
(2)
Where such boundary lines are indicated as approximately following the property lines of parks or other publicly owned lands, such lines shall be construed to be such boundaries.
(3)
In all cases where a district boundary line divides a lot in one ownership and more than 50% of the area of such lot lies in the less restricted district, the regulations prescribed by this chapter for the less restricted district shall apply to such portion of the more restricted portion of said lot.
(4)
In all cases where a district boundary line is located not farther than 15 feet away from a lot line of record, such boundary line shall be construed to coincide with such lot line.
(5)
In all other cases, where dimensions are not shown on the Map, the location of district boundary lines shown on the Map shall be determined by the use of the scale appearing thereon.
(6)
In cases of uncertainty or disagreement as to the true location of any zone boundary line, the determination thereof shall lie with the Board of Adjustment as hereinafter provided.
B.
The boundaries of the districts are shown on the Map designated as the Zoning Map approved by the Board of Commissioners of the Town of West New York as part of this chapter and filed in the Clerk's office of the Town of West New York. Said Zoning Map and all notations, references and other information shown thereon are a part of this chapter and have the same force and effect as if the Zoning Map and all notations, references and other information shown thereon were all fully set forth as described herein.
§ 414-5 Zoning Map.
The location and boundaries of said districts are hereby established as shown on the official Zoning Map of the Town of West New York, New Jersey, dated December 1978, which is attached hereto and is hereby made a part of this chapter, together with all notations, references and designations shown thereon.[1]
[1]
Editor's Note: A copy of the Zoning Map is included as an attachment to this chapter.
§ 414-6 Authentication of Zoning Map.
Subsequent to the adoption of this chapter, the original copy of the official Zoning Map shall be authenticated by the Mayor's signature and the Seal of the municipality, attested by the Town Clerk, under the following certificate:
"I certify that this is the official Zoning Map of the Town of West New York, New Jersey, referred to in Ordinance Number..... of the Town of West New York, New Jersey, adopted on............ ." |
§ 414-7 Maintenance of Zoning Map.
Said original tracing of the official Zoning Map shall be maintained in the office of the Town Clerk and shall be made available for public reference. Copies of all or part of the official Zoning Map may be reproduced for public distribution. However, the original copy of the official Zoning Map maintained in the office of the Town Clerk shall be used as the final authority as to the current status of zoning districts in the Town of West New York.
§ 414-8 Amendments to Zoning Map.
A.
Notations on Map.
(1)
When, in accordance with the provisions of this chapter and of the state law, changes are made in district boundaries or other matters portrayed in the official Zoning Map, such changes will not become effective until the official Zoning Map has been amended, with an entry bearing the following notation:
"On......, ......., by adoption of Ordinance Number ......, the Board of Commissioners made the following change(s) in the official Zoning Map: (brief description of change)." |
(2)
Each such entry shall be signed by the Mayor and attested by the Town Clerk. Each ordinance amending the official Zoning Map in any manner shall include the proviso that it shall not take effect until the official Zoning Map has been amended in accordance with these provisions.
B.
No changes of any nature shall be made to the official Zoning Map except in conformity with the above procedure. Any unauthorized changes to the Map or its contents by any person or persons shall be considered a violation of this chapter, punishable as provided under Article XIII of this chapter.
§ 414-9 Lost, damaged or destroyed Zoning Map.
A.
In the event that the official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Board of Commissioners may, by resolution, adopt a new official Zoning Map which shall supersede the prior official Zoning Map. The new official Zoning Map may correct drafting or other errors or omissions in the prior official Zoning Map, but no such corrections shall have the effect of amending the original Zoning Map or any amendment thereof. The new official Zoning Map shall be identified by the signature of the Mayor attested by the Town Clerk and contain the following words: "This is to certify that this Zoning Map supersedes and replaces the Zoning Map (date of adoption of map being replaced) as part of Ordinance number...... of the Town of West New York, New Jersey."
B.
Unless the prior Zoning Map has been lost or totally destroyed, the prior Map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.
§ 414-10 Compliance with provisions required; additional requirements.
Following the effective date of this chapter:
A.
No building shall be erected, moved, altered, rebuilt or expanded, except as specified elsewhere in this chapter, nor shall any land or building be used, designed or arranged to be used, for any purpose or in any manner, except in conformity with all regulations, requirements and/or restrictions specified in this chapter for the district in which such building or land is located.
B.
No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot.
C.
No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith and the remaining lot comply with all requirements prescribed by this chapter for the district in which said lot is located. No permit shall be issued for the construction of a building on any new lot thus created unless such building and lot comply with all the provisions of this chapter.