Grades on any lot upon which new construction is to be carried out shall be comparable with the existing grades and drainage system such as to provide adequate drainage on the property. All grading shall be designed to slope away from walls of proposed or existing structures and to prevent run-off of surface water onto adjacent properties. (Ord. No. O-95-12 § 33-4.17)

Except in connection with normal construction work for which site plan approval has been granted, or for work exempt from site plan approval, where permits have been granted, the removal or filling of soils or changing of grade shall be permitted only under a renewable annual permit issued by the Division of Engineering, provided that the proposed operation and the conditions of the excavated or filled site shall not be detrimental to surrounding land uses or public health. Conditions may be imposed to ensure such operations do not pose any hazards. (Ord. No. O-95-12 § 33-4.18; Ord. No. O-09-28 § 2)

Street improvements such as curbs, sidewalks, driveway openings, and aprons, and drainage systems shall comply with City standards and any such regulatory requirements deemed necessary by the City Engineer. (Ord. No. O-95-12 § 33-4.19)

a. Structures to House Garbage Dumpsters. Garbage dumpsters shall be housed within a structure consisting of a concrete base or pad and four (4) walls consisting of solid fencing material or masonry construction or a combination thereof, of which one (1) wall be movable to permit access to the dumpster. The height of such walls or fences shall be at least six (6) feet, but not greater than eight (8) feet.

b. Location of Structures Housing Dumpsters. The location of any structure housing a garbage dumpster shall comply with the following requirements:

1. No structure housing a garbage dumpster shall be located within any front yard except in nonresidential districts where the front yard is used as the primary parking area. Any such structure permitted in a front yard shall be located at least twenty (20) feet from a front property line.

2. The structure shall be located at least five (5) feet from any rear or side property line.

3. The structure shall be located at least ten (10) feet from any property line of a lot used for residential purposes or within a residential zone district.

4. Garbage dumpsters shall be located so as to permit access by the collection vehicle without the vehicle extending onto a public right-of-way.

(Ord. No. O-95-12 § 33-4.20)

Vending machines shall be permitted outside the confines of a building as a permitted accessory structure in commercial districts only if the following requirements are complied with:

a. The machine is accessory to the principal use of the property. No machines shall be located on a lot without a principal structure.

b. The machine is in conformance with all yard requirements of the zone district in which it is located.

c. Any signage advertising the products sold shall be an integral part of the machine itself and shall only be illuminated internally.

d. The machines shall be set back at least five (5) feet from any parking area, driveway or street and further be separated by curbing, bollards, railing, concrete platforms or similar means.

(Ord. No. O-95-12 § 33-4.21)

Private swimming pools as defined in this chapter shall be permitted upon issuance of a permit as an accessory use and structure to a residential use, provided they are located only in a rear or side yard and the following requirements are met:

a. Above-Ground Pools.

1. No wall of an above-ground swimming pool shall be located less than two (2) feet from any property line.

2. No wall of an above-ground swimming pool shall be located within five (5) feet of any principal residential building or residential building on an adjoining lot.

3. Artificial lights used in connection with the swimming pool shall be designed with shielding and so located that a direct source of light is not visible from an adjacent property.

4. The area containing the swimming pool shall be enclosed by a solid fence or chain link fence with inserts not less than four (4) feet in height.

b. In-Ground Swimming Pools.

1. No wall, deck or appurtenance associated with a swimming pool shall be located less than five (5) feet from any property line or principal structure, and two (2) feet from an accessory structure.

2. Swimming pool areas shall be enclosed by a solid fence or chain link fence with inserts not less than four (4) feet in height.

3. Artificial lights used in connection with swimming pools shall be designed with shielding or so located that a direct source of light is not visible from an adjacent property.

(Ord. No. O-95-12 § 33-4.22)

Satellite earth stations shall be permitted as an accessory structure in all zone districts. No such apparatus shall be permitted on a lot without a principal structure or building.

a. All Districts.

Satellite earth stations located in any zone district shall comply with the following requirements:

1. Unless more strictly regulated by this section, comply with all applicable height, yard, setback, and bulk requirements for accessory structures.

2. No satellite dish surface shall be utilized for the purposes of business or advertising signage.

3. No satellite dish shall exceed twelve (12) feet in diameter.

4. No lot shall contain more than one (1) satellite dish antenna.

b. Residential Districts.

In residential zone districts, satellite dish antennas shall comply with the following requirements:

1. Roof mounted dish antennas located in residential zones shall not exceed two (2) feet in diameter.

2. Unless otherwise provided satellite dish antennas may be located only in a rear yard.

3. Satellite dish antennas shall not be located closer than six (6) feet from any side or rear property line and on corner lots, no closer than ten (10) feet from any street right-of-way.

4. Satellite dish antennas shall be effectively screened by plantings and/or fencing, continually maintained, in order that to the greatest extent possible, the apparatus is not visible from adjacent property or public streets.

c. Nonresidential Districts.

In nonresidential districts, satellite dish antennas shall comply with the following requirements:

1. Satellite dish antennas may be roof mounted or located in any side or rear yard.

2. No roof-mounted antenna shall be greater in height than fifteen (15) feet measured from the base of the antenna to its highest point, or twenty-five (25%) percent of the existing height of the building, whichever the lesser.

3. No permit shall be granted for a roof mounted satellite dish without a certification from a licensed structural engineer that the proposed installation is in compliance with all applicable building codes, including load distributions within the building's support structure.

4. Ground mounted satellite dish antenna shall be effectively screened from any residentially zoned lot or a lot used for residential purposes and from any street right-of-way.

(Ord. No. O-95-12 § 33-4.23)

Except in heavy industrial zones, placement of trailers as defined in this chapter on any lot for purposes of storage shall be prohibited except as provided by subsection 35-4.15.

In heavy industrial zones, any legally registered trailer, conveying materials related to the principal use, mounted on a chassis with wheels shall be permitted. No such trailer shall remain parked on said premises for longer than ninety (90) days. (Ord. No. O-95-12, § 33-4.24; Ord. No. O-97-04, § 2)

a. A home professional occupation, as defined in Chapter 33, Planning and Development Regulations Section 33-2, may be permitted within a dwelling unit, subject to the following requirements:

1. The proprietor or professional of the home occupation shall reside in the dwelling unit.

2. The use shall be clearly incidental and secondary to the residential use and shall not change the character of use as a dwelling.

3. No more than fifty (50%) percent of the dwelling unit floor area shall be used for the home professional occupation.

4. In two (2) family dwellings, home professional occupations may occupy one (1) of the dwelling units provided the proprietor resides in the other unit and the home occupation does not occupy more than fifty (50%) percent of the total floor area of the structure, exclusive of attics and basements.

5. A home professional occupation shall be located on a single floor, and not be located in a cellar or attic space.

6. There shall be no change in the outside appearance of the building or premises giving evidence to the conduct of the home professional occupation, other than signage in accordance with Section 35-25.

7. There shall be no on-premises distribution, delivery, or storage of goods or equipment in connection with such home professional occupation, except that this shall not prohibit occasional delivery of goods and equipment incidental to, but not an integral part of, such home occupation.

8. There shall be no more than one (1) nonresident employed at the premises in connection with the home professional occupation.

b. The proprietor or professional of the home occupation shall present evidence of ownership or the written consent of the owner of the premises prior to issuance of a permit to conduct a home professional occupation under this section.

c. Nothing in this section shall be construed to limit, prohibit or regulate the occasional part-time use of a residence for the purpose of studying or working on papers in connection with a business or for the purpose of making or receiving telephone calls or using a computer in connection with work.

(Ord. No. O-95-12 § 33-4.25)

No owner, operator or lessee of any building in a nonindustrial district shall install on the front exterior of the building any security gate or door including any sliding, rolling or folding gate or door. All such gates or doors should be located on the interior of the structure or building, inside the glass line of window openings or glass openings in exterior doors, and should be open-link type so that interiors are visible when gates are closed. (Ord. No. O-95-12 § 33-4.26; Ord. No. O-01-19 § 5)

It is the applicant's responsibility to conform to all applicable State, County, and local regulations that could affect a particular application. (Ord. No. O-95-12 § 33-4.27)

Lots apportioned in accordance with law prior to August 21, 1969, shall be exempt from the minimum lot size and area requirements of this chapter. Planning Board approval shall not be required with respect to lot size. Notwithstanding such exemption buildings must conform to the front and rear yard, height and coverage requirements of subsection 35-5.26. (Ord. No. O-95-12 § 33-4.28)

a. Pay telephones shall be permitted outside the confines of a building as a permitted structure.

b. Pay telephones which encroach upon a public right-of-way may be permitted provided such installation is in compliance with the following:

1. No pay telephone shall be permitted to rest upon, in or over any street or sidewalk when such installation, use or maintenance:

(a) Unreasonably interferes with or impedes the flow of pedestrians or vehicular traffic, including any legally parked or stopped vehicles; or

(b) Unreasonably interferes with the ingress or egress from any residence or place of business; or

(c) Interferes with the use of traffic signs or signals, hydrants or mailboxes permitted at or near the location.

2. In residential zones, no pay telephones which encroach on a public right-of-way shall be permitted on the same side of the street within two hundred (200) feet of each other.

3. In all other zones, no pay telephones which encroach on a public right-of-way shall be permitted on the same side of the street within one hundred (100) feet of each other.

4. Before receiving a permit for installation of a pay telephone which encroaches on a public right-of-way an applicant shall provide the City of Bayonne with a certificate of liability insurance naming the City of Bayonne as an additional insured in limits of at least one million ($1,000,000.00) dollars for each occurrence at no cost to the City of Bayonne. The Zoning Officer may require the removal of any pay telephone installed pursuant to this section for failure to maintain the required liability insurance hereunder.

(Ord. No. O-95-12, § 33-4.29)

a. Bulk, Area, Yard and Height Requirements.

The bulk requirements, inclusive of area, yard and height restrictions for uses in all districts shall comply with the provision of subsection 35-5.26.

b. Off-Street Parking and Loading.

Off-street parking and loading for uses in all districts shall be provided in accordance with the requirements of Section 35-17.

c. Signage.

Customary accessory signs are permitted in all districts subject to the provisions of Section 35-25.

d. Site Plan Review.

All proposed structures, except for those specifically exempted, shall be subject to site plan review provisions of Chapter 33, Planning and Development Regulations of the Revised General Ordinances of the City of Bayonne.

e. Conditional Uses.

All conditional uses shall be subject to the review provisions of subsection 35-5.28, Conditional Uses.

(Ord. No. O-95-12 § 33-5.1)