A. Existing Zone Lots of Record
If two (2) or more lots or combinations of lots and portions of lots, developed or undeveloped, with continuous frontage in single ownership were of record on November 18, 1956, and if all or part of the lots do not meet the requirements for lot width and area established by this chapter, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining lots with width or area below the requirements stated in this chapter.
In any R-50, R-50, R1-100 zone, only a one-family dwelling may be erected on a nonconforming lot of official record at the effective date of this chapter, irrespective of its area or width, provided, however, that no adjacent or adjoining vacant land existed at the time of the effective date of this chapter which would create a conforming lot if all or part of said vacant lot were combined with the subject lot. No lot or lots in single-ownership hereafter shall be reduced so as to create one (1) or more nonconforming lots.
B. Lot Width
The minimum lot width shall be measured either at the required front yard setback line or at the front lot line as required for the district in which it is located. In cases of irregularly shaped lots whose sides are not parallel, where the lot width is measured at the required front yard setback line, the street frontage measured at the front lot line shall not be less than seventy-five percent of the minimum lot width required, provided the lot width measured at the required front yard setback line shall not be less than the minimum lot width specified in the zoning schedule for the district in which the lot is contained.
In case of irregularly shaped lots whose sides are not parallel where the lot width is measured at the front lot line, the width of the lot measured at the required front yard setback line shall not be less than eighty-five (85) percent of the required lot width measured at the front lot line.
C. Corner Lot
At all street intersections or the intersection of a street and a driveway, no obstruction exceeding thirty (30) inches in height above the established grade of the street at the property line, other than an existing building, post, column, hedge or tree, shall be erected, maintained or planted on any lot within the area bounded by the line drawn between the points along such street lot line twenty-five (25) feet distance from their intersection.
D. Through Lots
A.through lot shall be considered as having two (2) street frontages both of which shall be subject to the front yard requirements of the zoning schedule of this chapter.
E. Required Area or Space Cannot Be Reduced
The area or dimension of any zone lot, yard, parking area, buffer zone or other space shall not be reduced to less than the minimum required by this chapter; and if already existing at less than the minimum required by this chapter, said area or dimension may be continued and shall not be further reduced.
F. Frontage Upon a Street
Every lot or parcel created by subdivision and every building built upon a lot shall provide frontage upon an approved and improved street in accordance with the street standards established by the City of Hackensack.
G. Lot Located in More than One Zone
For any lot which is located in more than one zone district, all yard, bulk and other requirements shall be measured from the zone district boundary line and not the true lot line.
A. General Application
No building or structure shall have a greater number of stories or a greater number of feet than are permitted in the district where such building is located.
B. Permitted Exceptions
(1) The building height provision contained in this chapter shall not apply to churches, church spires, belfries, flagpoles, water towers, fire towers, chimneys, public buildings, standard radio or television antennas, or to necessary mechanical appurtenances or to parapet walls, except no parapet wall may extend more than four (4) feet above the maximum height of the building.
(2) The height of bulkheads, elevator enclosures or water tanks or other structures constructed upon the roof of a building and occupying in the aggregate less than twenty (20%) percent of the area of the roof upon which the same are located shall not be included as a part of the height of the building for the purpose of the regulations and restrictions of this chapter.
(3) All roof-top appurtenances shall be appropriately screened from all adjoining properties with architectural screening, the material color and composition of which shall be approved by the Planning Board.
C. Special Height Restriction
Notwithstanding any other provisions of this chapter, no building or structure shall exceed a height of 100 feet above mean sea level when located within a radius of 325 feet of the dome of the Bergen County Courthouse.
A. General
The area required in a yard at any given level shall be open and unobstructed from such level to the sky, except for the projections and encroachments identified in Section 175-5.3D.
B. Front Yard Requirements Affected by Official Map
Where any lot shall front on a street right-of-way which is proposed to be widened as indicated on the Official Map or Master Plan of the City of
Hackensack, the front yard shall be measured from such proposed right-of-way line or easement line, if a dedication of right-of-way is not effectuated.
C. Side Yard Exceptions (Corner Lots)
Any corner lot delineated by subdivision after the adoption of this Ordinance shall provide a side street setback line which shall be equal to or greater than the minimum front yard setback requirements (See Section 175-5.3F(3))
D. Projection into Required Yards
Certain features may project into required yards as follows:
(1) Normal skylights and parapets above the bottom of such yard.
(2) Ordinary projections of windowsills and belt courses to the extent of not more than four (4) inches.
(3) Cornices and other ornamental features to the extent of not more than twelve (12) inches.
(4) An open or lattice enclosed iron fire escape, fireproof outside stairway or solid-floored balcony to a fire tower to the extent of not more than six (6) feet into a yard or an inner court provided, however, that an open or lattice-enclosed iron fire escape may project not more than eight (8) feet into a yard or into an inner court when it does not occupy more than twenty percent (20%) of the area of such inner court.
(5) Chimneys or flues may be erected within a side or rear yard to the extent of not more than six (6) feet, provided that they shall not obstruct ventilation.
(6) Patios may be located in any side or rear yard, provided that they are not closer than five (5) feet to any property line.
(7) Self-supporting walls and fences may project into any required yard, provided that any accessory retaining wall or fence is not higher than four (4) feet in height and shall not obstruct automobile visions.
E. Side Yard Requirements in All Non-Residential Areas
No building or group of attached buildings shall have an aggregate front building wall in excess of eighty (80) percent of the actual lot width in all non-residential zones of the City of Hackensack; excluding the B-2 and M-1 zones.
F. Delineation of Required Yard Setbacks
An interior lot containing frontage upon an improved and approved street will contain a front yard, two side yards and a rear yard.
An interior lot containing frontage upon two improved and approved streets ( a through lot ) shall contain two required front yards and two required side yards.
A.corner lot, containing frontage upon two improved and approved streets shall contain two required front yards, one side yard and one rear yard. The required side yard will be located opposite the more narrow of the two lot widths. In the event the two lot widths are equal, the lot shall contain two front yards and two rear yards.
(4) Lot Containing Three Frontages
A.lot containing frontage upon three improved and approved streets shall contain three required front yards. The fourth required setback shall be a required rear yard setback.
(5) Three Sided Triangular Shaped Lot
A.three-sided triangular shaped lot shall contain a required front yard and two required rear yard setbacks.
(6) Multi-Sided Lots
A.lot consisting of multiple dimensions in which a front or rear yard cannot be established shall be considered to contain all side yard setbacks.
G. Paving of Required Yard Areas
For a one or two-family dwelling abutting a public street, no front yard, side yard or rear yard shall be paved in excess of twenty (20) feet in width, and in no case shall paving in the front yard, side yard or rear yard abutting a public street exceed fifty percent (50%) of the area of said front yard, fifty percent (50%) of said side yard abutting a public street or fifty (50) percent of said rear yard abutting a public street, unless such additional paving is otherwise permitted by this chapter. The curb cut shall not exceed the width of the driveway.
For all other uses, no required front yard, side yard, or rear yard shall be paved except to allow driveway aprons to a public street or another approved parking area from an approved parking area. All required yard areas shall be appropriately landscaped so as to encourage the absorption of on-site water.
H. Unenclosed Balconies, Porches and Steps
Unenclosed balconies or unenclosed porches or steps may have a roof over same within the yard areas not to exceed the sizes listed:
Multiple-family dwellings may have one (1) canopy or porch at ground level which shall not exceed seven hundred (700) square feet and which shall have a minimum setback of eight (8) feet. Said canopy or porch shall not contain any walls but shall be restricted to a roof and supporting columns only.
A. The maximum percentage of lot coverage by buildings or structures and the required area of front, rear and side yards shall be as noted in the Schedule of District Regulations.
B. Where a lot is developed for use by dwelling units for three (3) or more families, the maximum coverage of the Schedule of District Regulations shall apply solely to the principal building. In addition thereto, accessory buildings may be constructed, provided that the accessory building or buildings do not occupy more than fifteen percent (15%) of the total land area; provided, however that accessory buildings constructed below the grade of the primary street shall be excluded when determining the maximum percentage of land coverage.
C. All accessory buildings shall be computed with principal building in determining the coverage of the land.
Every residential building or residential structure hereafter erected or structurally altered shall be located on a lot, and in no event, except in the case of garden apartments, apartment buildings, shopping centers and office building complexes shall there be more than one (1) principal building or structure and its accessory buildings on one (1) lot.
A. No building or structure shall be erected on any lands abutting the Hackensack River south of Anderson Street to the Little Ferry border with a setback of less than fifty (50) feet from the pier and bulkhead line as established on the maps of the State of New Jersey, Board of Commerce and Navigation, Sheets 68, 68A, 69, 70, 71, 72 and 73.
B. Every development application shall include suitable provision for a pedestrian walkway along the bank of the Hackensack River. Said walkway shall consist of a minimum thirty (30) foot easement area and a minimum sixteen (16) foot travel lane. Where NJDEP requires a minimum walkway width greater than that set forth above, their requirement shall apply.
Within the thirty (30) foot easement area there shall be landscaping and lighting in addition to the travel lane. Suitable access to said walkway shall be provided to enable its use by all borough residents.
C. No parking area, driveway or other paved areas shall be placed upon any lands referred to above with a setback of less than twenty-five (25) feet from the pier and bulkhead line as established by the State of New Jersey, Board of Commerce and Navigation, Sheets 68, 68A, 69, 70, 71, 72 and 73.
D. The Planning Board shall review all site plans which involve improvements set forth in Subsections A and B above with respect to finished grades, landscaping and treatment of riverbanks where said projects are to be constructed.
E. Any parcel within any zone of the City of Hackensack shall minimally maintain a dimension equal to the respective front, side or rear yard measured from the exterior walls of any building to the nearest body of a river, lake stream, brook, wetland or wetland buffer area unless a greater dimension is required by this Ordinance.
