The boundaries of the Zoning districts are hereby established as shown on the Zoning Map which accompanies this chapter and which, with all notations, references, and other information shown thereon, shall be as much a part of this chapter as if fully described herein and shall be known as the Zoning Map of the City of Bayonne, dated February 28, 2001.* Such map may be amended periodically by an ordinance duly adopted according to law.
(Ord. 0-95-12 § 33-3.2; Ord. No. O-97-43 § 4; Ord. No. O-00-34; Ord. No. O-01-19 § 3)
a. The zone district boundary lines shown on the Zoning Map are intended to follow property lines existing at the date of the adoption of the map, the center line of street right-of-ways and municipal boundary lines as applicable.
b. In all cases where a district boundary is located not farther away than ten (10) feet from a lot line of record, the boundary shall be construed to coincide with such line.
c. In case of uncertainty or disagreement as to the precise location of any zone district boundary line, the determination thereof shall lie with the Zoning Board of Adjustment.
(Ord. No. O-95-12 § 33-3.3; Ord. No. O-01-19 § 3)
a. Conformity with Regulations.
No land or premises may be used and no building or structure may be erected, razed, moved, extended, altered, enlarged, used and/or substituted for any purposes other than in conformity with the regulations herein specified for the district in which it is located.
b. Uses Not Permitted Are Prohibited.
Any use not listed as a permitted principal use, conditional use, and/or accessory use by this chapter, or otherwise required to be permitted by law, shall be deemed to be prohibited.
c. Continuance.
Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building for which a valid construction permit has been heretofore issued or plans for which are on file with the Construction Official at the time of the effective date of this chapter, and a permit for the erection of which is issued within thirty (30) days after the effective date of this chapter and the construction of which, in either case, shall have been diligently prosecuted within six (6) months of the date of such permit, and the ground storm framework of which, including the second tier of beams shall be completed within such six (6) months, and which entire building shall have been completed according to such plans as filed within one (1) year from the date of the effective date of this chapter.
(Ord. No. O-95-12 § 33-4.1)
Any use which fails to comply with performance standards as defined herein shall be prohibited. (Ord. No. O-95-12 § 33-4.2)
No permit shall be granted for a building or use if the design or construction of the same involves or is likely to involve exceptional risks of traffic congestion, public safety or hazard. If the design or construction of any building or use is so markedly incongruous with the character of the neighborhood as to materially affect the value of adjacent or nearby property, the Construction Code Official or Zoning Officer shall deny the permit and refer the applicant to the Board of Adjustment which shall act thereon. (Ord. No. O-95-12 § 33-4.3)
The regulations with regard to use provisions of this chapter shall not apply to uses or facilities developed by municipal agencies, other than the Municipal Housing Authority, provided that yard requirements are maintained for the district in which the use is located. (Ord. No. O-95-12 § 33-4.4)
a. Permits Required.
No building or structure, shall be erected, razed, moved, extended, enlarged, or altered until a construction permit has been issued by the Construction Official. No construction permit shall be issued unless it is in complete conformity with this and all other applicable ordinances, statutes, and regulations, unless permission for such variation is granted by the approving authority as provided by law.
b. Demolition of Existing Structures.
No building, structure, or part thereof shall be demolished until a permit has been granted by the Construction Code Official.
(Ord. No. O-95-12 § 33-4.5)
The conversion of existing buildings or structures to a use permitted in the zone district in which the building or structure is located shall be regulated to the same extent as a new building or structure constructed in the zone district. (Ord. No. O-95-12 § 33-4.6)
a. New and Altered Structures.
No building, structure or premises, or a combination of same hereafter erected, altered, extended or enlarged shall be occupied or used until a certificate of occupancy has been issued by the Construction Official, indicating that the use is lawful and that all work has been completed in accordance with the permit, the approved plans, and the provisions of this chapter.
b. Change in Use.
A new certificate of occupancy shall be required for any change in use, including a change from one permitted use to another kind of permitted use in the same zone. The certificate of occupancy shall be issued by the Construction Official indicating that the use is permitted both in the building as constructed and for the district in which the use is to be maintained.
c. Existing Uses or Structures.
No building, structure or premises may be used or occupied for any purpose following transfer of ownership prior to the issuance of a certificate of continued occupancy in accordance with provisions of the New Jersey Uniform Construction Code. Nothing in this section shall prevent the continued lawful use and occupancy of any lawfully existing building or structure.
d. Temporary Certificate of Occupancy.
Where a building, structure, or premises is completed or sections are completed and safe for human occupancy, the Construction Official, with the approval of the Zoning Officer, may issue a temporary certificate of occupancy for that portion of the building, structure, or premises while work proceeds to bring the entire building into compliance with municipal codes. Such temporary authorization may contain restrictions to ensure the timely completion of the work and to protect the health and safety of the occupants.
(Ord. No. O-95-12 § 33-4.7)
Every building or structure hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located as to provide safe and convenient access for servicing and fire protection.
a. State Highway Access.
Access to land adjacent to State highways shall conform to the State Highway Access Management Code adopted by the Commissioner of Transportation under Section 3 of the "State Highway Access Management Act," P.L. 1989. (N.J.S.A. 27:7- 91).
b. County Road and Highway Access.
Access to land adjacent to County roads and highways shall conform to any access management code adopted by the County under N.J.S.A. 27:16-1.
Access to land adjacent to municipal streets and highways shall conform to any municipal access management code adopted under N.J.S.A. 40:67-1.
(Ord. No. O-95-12 § 33-4.8)
The principal entrance of all buildings shall be construed as the front of the building. The principal entrance of detached or semi-detached dwellings, or townhouses shall front on a dedicated street. (Ord. No. O-95-12 § 33-4.9)
No driveway access servicing a nonresidential use shall be permitted through a residential lot or zone unless otherwise permitted under this chapter. (Ord. No. O-95-12 § 33-4.10)
No lot in the R-1, R-2 or R-3 zone districts shall contain more than one principal building. No building to be used as a dwelling shall be constructed, altered, or moved in front of or to the rear of any other building used as a dwelling situated on the same lot. (Ord. No. O-95-12 § 33-4.11)
Except as provided by paragraph a, 2 below, all accessory buildings and structures shall comply with the bulk requirements of subsection 35-5.26, inclusive of area, yard and height provisions.
a. Residential Districts.
Accessory buildings customary and incidental to a principal building shall be permitted provided that the following requirements are met:
1. That building coverage of the accessory building or structure does not exceed that of the principal structure.
2. The accessory building may be located in any required side or rear yard, provided that a minimum setback of three (3) feet is maintained to any property line.
3. No accessory building or structure on a corner shall interfere with safe sight distance for vehicular traffic at an intersection.
4. No accessory building or structure shall be erected on a lot not containing a principal building or structure.
5. No accessory building structure or part thereof, shall be used for dwelling purposes.
b. Nonresidential Districts.
Accessory buildings and structures shall be permitted provided that the following requirements are met:
1. No accessory building shall be located in a required yard setback.
2. Accessory buildings on corner lots shall not be closer than the building line of the adjacent principal structure, nor interfere with safe sight distance for vehicular traffic at an intersection.
3. No accessory building or structure shall be erected on a lot not containing a principal building or structure.
4. No accessory structure shall be designed for dwelling purposes.
(Ord. No. O-95-12 § 33-4.12)
On any corner lot, no fence, structure, or shrubbery over thirty-six (36) inches in height, nor any tree whose crown is lower than ten (10) feet in height above grade shall be erected or maintained which shall interfere with traffic visibility around a corner. This shall not apply to intersections whose angle exceeds one hundred thirty-five (135) degrees. (Ord. No. O-95-1, § 33-4.13)
a. Residential Districts.
In residential districts, fences and walls other than retaining walls shall be permitted in accordance with the following requirements:
1. Fences and walls on any side or rear property line shall not exceed six (6) feet in height.
2. No fence in a residential district shall contain barbed wire.
3. Fences and walls on any front property line shall not exceed four (4) feet in height, nor impede safe sight distance around the corner.
4. Fences and walls on corner lots may be a maximum of six (6) feet for one-half (1/2) the lot depth constituting the side property line relating to the principal entrance to the building and further provided that the remainder of fencing along such lot line or front lot line shall not exceed thirty-six (36) inches in height.
5. Fences shall be installed so that the "finished," or better, side of any fence faces the street or adjacent property.
b. Commercial Districts.
Fences and walls other than retaining walls shall be permitted in accordance with the following requirements:
1. Fences and walls on side or rear property lines shall not exceed ten (10) feet in height.
2. Fences abutting residential properties shall be made of solid fencing material intended to screen the view of the commercial use from the residential lot.
3. Fences and walls located along frontages abutting street rights-of-way shall be of decorative materials and not exceed four (4) feet in height.
4. Fences and walls located on corner lots shall not impede safe sight distance around a corner.
c. Industrial Districts.
Fences and walls other than retaining walls shall be permitted in accordance with the following restrictions:
1. Fences and walls may be located in any yard, provided they do not exceed twelve (12) feet in height inclusive of any additional apparatus such as barbed wire.
2. Chain link fences abutting street rights-of-way shall be visually obscured by planting material.
3. Fencing located on corner lots shall not impede nor obscure sight distance around a corner.
(Ord. No. O-95-12 § 33-4.14; Ord. No. O-01-19 § 4)
Temporary uses may be authorized by the Zoning Officer permitting the use of trailer, mobile home, or other similar use incidental to construction projects including the storage of building supplies and machinery and a temporary real estate office, provided that overnight sleeping accommodations are not included and adequate arrangements for sanitary facilities are made. Such uses shall be conditioned upon a bonded agreement by the owner or developer to remove and/or discontinue such uses upon expiration of the permit. (Ord. No. O-95-12 § 33-4.15)
No cellar or part thereof as defined in this chapter shall be used or occupied as a separate dwelling unit. Basement apartments may be permitted provided that the floor level of the basement' is not more than three (3) feet below grade, and otherwise meets applicable local and State standards. (Ord. No. O-95-12 § 33-4.16)
