35-5.18 Bayonne Metropolitan Harbor District (BMHD).

ONGOING REDEVELOPMENT AREA

(Note on zoning map)

(Ord. No. O-01-19 §18)

35-5.19 I-H-O Specialized Heavy Industrial District Overlay.

a. The I-H-O Specialized Heavy Industrial District Overlay shall comprise portions of Block 503, Lots 9 and 9.01; Block 453.01, Lots 2, 3, 4, 5, 6, 7 and 9; Block 466, Lots 2, 3 and 5; and Avenue J between New Hook Road and East 22nd Street.

b. Permitted Principal Uses.

1. All permitted principal uses in the IL-A and IL-B Light Industrial Districts.

2. All permitted principal uses in the I-H Heavy Industrial District.

3. General manufacturing activity involving the mechanical or chemical transportation of bulk commodities, materials and substances into new finished or semi-finished products.

4. Chemical manufacturing, processing and refining.

5. Assembly and packaging of components into new finished or semifinished products.

6. Warehousing and distribution.

7. Research and development including offices, laboratories, pilot plants and associated facilities.

8. Administrative, business and executive offices

c. Required Accessory Uses.

1. Off-street parking and loading.

2. Reserve.



d. Permitted Accessory Uses.

1. Accessory buildings and structures associated with a principal permitted use.

2. Off-street parking decks.

3. Outdoor storage of equipment and vehicles provided said area is accessory in nature and fully screened from public streets/rights-of-way by a fence and landscaping at least six (6) feet in height. All other outdoor storage shall be screened from public streets and rights-of-way.

4. Railroad sidings with related accessory structures.

5. Detention basins and structures.

6. Signs subject to Section 35-25 of the City Zoning Ordinance.

7. Security fences and related structures such as guard houses except that fences fronting on public streets and rights-of-way shall not incorporate razor wire or similar materials.

8. Bulk storage of chemicals used or produced in conjunction with a permitted principal use.

9. All other uses that are, in the opinion of the approving authority, customarily incidental and subordinate to a permitted principal use.

e. Bulk Requirements (Area, Yard and Structure).

1. Minimum Tract Area: 10 acres except as hereinafter provided.

2. Minimum Lot Frontage: 200 feet.

3. Minimum Front Yard Setback: 15 feet except structures used for chemical processing or refining shall have a 30 foot setback to public streets/rights-of-way.

4. Minimum Rear Yard Setback: 25 feet.

5. Minimum Side Yard Setback: 15 feet.

6. Maximum Building Height: 5 stories, 65 feet for principal buildings and 10 stories, 150 feet for accessory buildings/structures.

7. Maximum Floor Area Ratio: N/A.

8. Maximum Lot Coverage: 95 percent.

f. Special Requirements.

1. The provisions of this subsection are limited to the following properties that shall constitute the I-H-O District:

(a) Tax Map Block 453.01 (Tax Book 453), Lots 3, 4 and those portions of Lots 1, 2, 5, 6 and 9 that are located outside the Route 440 Corridor East Redevelopment Area.

(b) Those portions of Tax Map Block 503, Lot 9 that are located outside the Route 440 Corridor East Redevelopment Area.

(c) Tax Map Block 466, Lots 2, 3 and 4.

(d) Those portions of Avenue J south of New Hook Road from the right-of-way line of New Hook Road to the centerline of East 22nd Street.

2. The provisions of the I-H-O District shall require a minimum tract area of ten (10) acres except as hereinafter provided and the submission of an overall site development master plan. Said plan may be conceptual in nature and shall be updated on a periodic basis as part of an application(s) for major site plan approval. Typical information to be provided includes planned structures, site improvements, bulk characteristics, phasing and uses

Until such time as the portions of Avenue J between New Hook Road and East 22nd Street have been vacated and closed, the minimum tract area for any properties within the I-H-O District east/southeast of Avenue J shall be two (2) acres.

3. All uses are subject to the performance standards of subsection 35-5.27.

4. Minimum Buffer Requirement:

(a) Public Streets/Rights-of-Way: 10 feet.

(b) Nonindustrial Development: 50 feet to any nonindustrial (commercial) district/zone boundary and 100 feet to any nonindustrial (commercial building or facility).

(c) Buffer Design: Buffers shall incorporate screening in the form of fences, walls and landscaping or any combination thereof with a minimum height of 6 feet. Buffers shall be kept clear and devoid of buildings or structures but may contain ancillary uses such as internal roads, off-street parking, sidewalks and internal signage.

5. Screening along public streets, public rights-of way and buffers may incorporate breaks or openings to provide visibility at the perimeter of a site(s) for security purposes. Said breaks or openings shall maintain perimeter control by the use of chain-link fencing or similar structure(s). The ratio of voids (breaks, openings) to solids (opaque screen) shall not exceed 1:2 (50 percent).

6. An alternative means of access to New Hook Road via public street/right-of-way shall be provided upon the vacation and closure of Avenue J between New Hook Road and East 22nd Street.

7. Reserved.

g. Definitions.



1. FRONT YARD SETBACK : The linear distance between the principal facade of a building or structure and the nearest public street or right-of-way. Ancillary elements of a building such as entrance porticos, staircase/elevator risers, window bays, etc. may project into the front yard setback for a maximum distance of 5 feet.



2. Reserved.

(Ord. No.0-07-03§§' 1)

35-5.20 - 35-5.25 Reserved.

35-5.26 Area, Yard, Height and Density Requirements.

a. Schedule of Regulations. Except as otherwise provided in this chapter, all proposed structures and use of land or structure shall comply with bulk and density regulations as required in Schedule I.

b. Averaging Front Yard.

1. On Streets with Existing Buildings. The street wall of every building hereafter erected or reconstructed or altered may be two (2) feet plus the average of the setbacks of the buildings adjacent to the lot under consideration and extending to the street corners or a distance of seven hundred (700) feet whichever is less; however, where two (2) or more buildings are erected consecutively, the setback as set forth above plus two (2) feet for each building to be erected shall govern for all buildings erected consecutively. This section shall in no event require a greater front yard setback than required by Schedule I* of paragraph a. above.

2. Streets Sixty (60%) Percent Vacant. Where the street of the lot under consideration is sixty (60%) percent vacant for a distance of ten ('10) lots on each side or to the end of the street, the setback shall be that required for the zone and usage under consideration, however, the setback may exceed the minimum for that district.

c. Lots Fronting on a Cul-de-Sac. Frontage requirements for lots fronting on an arc may be reduced by seventeen (17%) percent of the required frontage for the zone district.

d. Location of Front Yard on Corner Lots. The location of a required front yard or corner lot along streets in a northerly/southerly direction shall be located on the street Lining in that direction.

e. Side Yard. Side yards for attached dwellings such as townhouses shall pertain only to the entire structure containing all units.

f. Through Lots. In any district, a through lot shall have a front yard along each street line.

g. Yards and Open Space. No part of a yard, parking area or other open space about any building or property shall be included as part of a yard, parking area or other open space required for another building or property.

h. Exceptions to Bulk and Density Regulations. The bulk and density requirements of Schedule I F shall not apply to subdivisions along party walls of existing attached residential units or storefronts, provided that:

1. Subdivisions involve only a transfer of property with no expansions of nonconforming characteristics, units and/or nonresidential square footage.

2. Party walls meet sufficient fire ratings or their equivalents.

3. All utility connections are separated to serve each created lot individually.

1. Projections into Required Yards. Projections into required yard spaces shall be permitted in accordance with the following regulations:

1. Cornices, eaves, canopies, awnings, fireplaces and chimneys may project into any required yard for a distance not exceeding six (6) feet, provided they are not closer than two (2) feet to any property line.

2. Open decks and porches, stairwells, and balconies may project into the required yard space for a distance not to exceed eight (8) feet, provided they are not closer than three (3) feet from any property line nor closer than ten (10) feet to an adjacent structure.

3. Fire escapes may be located in any side or rear yard in residential zones or in any yard in nonresidential zones provided they do not project further than five (5) feet into a required yard.

j. Height Exceptions. No building or structure shall have a greater number of stories or greater building height than permitted in Schedule I, except that such restrictions shall not apply as follows:

1. Ground floor parking garages accommodating not more than two (2) cars in a detached single- or double-family dwelling, or townhouse shall not be counted as a story.

2. Height or story restrictions shall not apply to church spires, belfries, cupolas, domes and monuments.

3. Water towers, chimneys, smokestacks, transmitting towers, masts and aerials other than satellite dish antennas shall not be subject to the height restrictions, provided these structures do not exceed a height equal to one and one-half (1 1/2) times the building to which they are attached. Nonetheless, where the height of a smokestack is mandated by State or Federal law or agency regulations, such requirements shall supersede the requirements of this chapter.

4. Flagpoles shall not exceed a height of one and one-half (1 1/2) times the principal structure on site when freestanding, nor a height equal to one-half (1/2) the height of the principal building when roof mounted.

5. Parapet walls shall not be counted toward building height, provided they do not exceed four (4) feet in height.

k. Usable Open Space.

All multiple family dwellings shall comply with the following requirements for minimum usable open space as defined in this chapter for the purposes of providing light, air, and recreational space for occupants and other persons coming into the property. Parking lots or areas shall not be credited toward "usable open space."

Minimum Open Space per Unit

Efficiency Apartment 150 square feet



One Bedroom Apartment 200 square feet



Two Bedroom Apartment 250 square feet



Three Bedroom Apartment 300 square feet



Four Bedroom Apartment 350 square feet



(Ord. No. O-95-12, § 33-5.12; Ord. No. O-01-19 § 21)

35-5.27 Performance Standards.

a. Intent.

Permitted and conditional uses in any nonresidential industrial district, or any industrial operation granted a variance shall comply with the standards contained herein intended to protect the health and safety of the residents of the City.

b. Procedures.

Any application for site plan approval and/or a building permit for a use subject to performance standards shall be subject to the following procedures:

1. Prior to construction or operation, any application shall be accompanied by a sworn affidavit filed by the owner or operator of the proposed use that the use will be operated in accordance with performance standards set forth.

2. Continued compliance with performance standards is required and shall be enforced by the Construction Official or Environmental Officer.

3. All violations shall be terminated within ten (10) days or shall be deemed a separate violation for each day following and be subject to separate fines in accordance with these violations.

c. Noise.

In all nonresidential districts, the sound pressure resulting from any activity shall not exceed, at any point on or beyond any property line, the maximum permitted sound levels depicted in Table I. The sound levels shall be measured with a sound level meter and associated octave band herein manufactured in compliance with standards prescribed by the United States of America Standards Institute.

* Shall be adjusted based upon certain characteristics of noise as listed in Table II.



d. Vibration.

No use shall be operated so as to produce ground vibration, noticeable without instruments, at the lot line of the premises on which the use is located.

f. Smoke.

No emission of smoke of a shade greater than No. 1 of the Ringelmann Smoke Chart shall be emitted into the open air from any fuel-burning equipment. However, smoke emitted during the clearing of a firebox or the building of a new fire, the shade not greater than No. 2 of the Ringelmann Smoke Chart may be permitted for a period not exceeding three (3) minutes in any fifteen (15) consecutive minutes.

g. Dust or Solid Particles.

In any district no discharge of solid particles through a stack, dust or vent shall be permitted that is greater than the allowable emissions in pounds per hour established by the New Jersey Air Pollution Code.



h. Odors.

No emission of odorous gases or other odorous matter as to be detectable without instruments at any zone boundary shall be permitted.

1. Glare.

No direct or sky-reflected glare shall be permitted beyond the property lines of such use with the exception of site lighting or entrances or service driveways.

j. Wastes.

1. Liquid Wastes.

Provisions for collection and disposal of liquid wastes shall be in accordance with the standards approved by the State of New Jersey, Department of Environmental Protection and Energy (DEPE), and other applicable ordinances or regulations.

2. Solid Wastes.

All solid wastes shall be handled in accordance with the standards approved by the State of New Jersey, Department of Environmental Protection and Energy (DEPE), and other applicable ordinances and regulations. There shall be no accumulation of solid wastes conducive to the breeding of rodents, vermin, and/or insects.

(Ord. No. O-95-12, § 33-5.13)