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Executive Summary
This document is the Zoning Ordinance for the Township of North Bergen, New Jersey, adopted in June 1999. It outlines the regulations governing land use, building construction, and development within the township. The ordinance establishes various zoning districts (residential, commercial, industrial, and waterfront) and specifies permitted uses, building height limits, yard requirements, and other development standards for each district. The document also includes supplementary regulations for certain uses, off-street parking and loading requirements, performance standards, and site plan review procedures.
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--- Document: NB Zoning Ordinance Document --- TOWNSHIP OF NORTH BERGEN, NEW JERSEY ZONING ORDINANCE Board of Commissioners Nicholas Sacco, Mayor & Commissioner of Public Affairs Peter Perez, Commissioner of Parks & Recreation Frank Gargiulo, Commissioner of Public Works Leo Gattoni, Sr., Commissioner of Public Safety Thomas Liggio, Commissioner of Revenue & Finance Planning Board Albert Manzo, Chairman Harry D. Mayo III, Vice-Chairman Nicholas Sacco, Mayor George Ahto, Jr. Paul DeCegli Ulises Diaz Claude Lewin John Mautone John O'Dell, Jr. Peter Perez, Commissioner Gittleman, Muhlstock Chewcaskie & Kim, Counsel Gerry Baker, Clerk JUNE 1999 TABLE OF CONTENTS Article I TITLE AND PURPOSE 1.1 Title 1-1 1.2 General Intent 1-1 1.3 Purpose 1-1 1.4 Scope 1-2 Article II DEFINITIONS II-1 Article III ESTABLISHMENT OF DISTRICTS AND DISTRICT REGULATIONS 3,1 Establishment of Districts III-1 3.2 Zoning Map III-1 3.3 Interpretation of District Boundaries III-1 3.4 Application of Regulations III-2 3.5 General Use Restriction III-2 3.6 Cross-Reference III-3 3.7 Residential Districts III-4 3.8 Commercial Districts III-13 3.9 Industrial Districts III-20 3.10 Waterfront Districts III-22 Article IV SUPPLEMENTARY LOT, HEIGHT AND YARD REGULATIONS 4.1 General Application IV-1 4.2 Lot Regulations IV-1 4.3 Height Regulations IV-1 4.4 Yard Regulations IV-1 4.5 Accessory Structures IV-2 4.6 Landscaping IV-3 4.7 Miscellaneous Regulations IV-4 4.8 Fences IV-5 Article V SUPPLEMENTARY REGULATIONS GOVERNING CERTAIN USES 5.1 Essential Utility or Public Services V-1 5.2 Home Occupation V-1 5.3 Outdoor Storage Area V-2 5.4 Signs V-3 5.5 Multi-Family Dwellings V-6 5.6 Child Care Centers V-7 5.7 Shopping Center and Associated Movie Theaters V-8 -i- Article VI CONDITIONAL USES 6.1 General Provisions 6.2 Procedure VI-1 VI-1 6.3 Conditional Use Standards VI-3 Houses of Worship VI-3 Residential in C-1 Zone VI-3 Hotels VI-4 Nursing Homes, Homes for the Aged VI-4 Public Utility Installation VI-4 Service Stations VI-5 Shopping Centers VI-5 Swimming Pools VI-6 Wholesale Business VI-6 Bus, Van, Taxi, Limo Storage VI-7 Cemeteries VI-7 Commercial Recreation VI-8 Eating & Drinking Places VI-8 Article VII OFF-STREET PARKING AND LOADING REGULATIONS 7.1 Off-Street Parking VII-1 7.2 Minimum Off-Street Parking Requirements VII-5 7.3 Off-Street Loading VII-7 7.4 Minimum Off-Street Loading Requirements VII-8 7.5 Additional Regulations VII-9 Article VIII NON-CONFORMING USES 8.1 Continuation VIII-1 8.2 Reconstruction or Alteration VIII-1 8.3 Termination of Non-Conforming Uses VIII-2 8.4 Construction Under Permit Granted Prior to Passage VIII-2 Article IX PERFORMANCE STANDARDS 9.1 General Application 9.2 Performance Standards Procedure 9.3 Regulation of Nuisance Elements 9.4 Standards to be Enforced IX-1 IX-2 IX-2 IX-3 -ii- Article X SITE PLAN REVIEW 10.1 General Application X-1 10.2 Exceptions X-1 10.3 General Conditions X-2 10.4 Time for Decision on Applications X-2 10.5 Procedures, Hearings, Notice X-3 10.6 Submission Requirements X-5 10.7 Special Submission Requirements: Recycling Plan X-7 10.8 Special Submission Requirements: Planned Developments X-10 Article XI WATERFRONT DEVELOPMENT/PLANNED DEVELOPMENT 11.1 General Application XI-1 11.2 Planned Development Permitted in P-1 District XI-1 11.3 Supplementary Lot, Height, Yard and Landscaping Regulations XI-4 11.4 View Corridors XI-7 Article XII AMENDMENTS VALIDITY, REPEALER, ENFORCEMENT AND EFFECTIVE DATE 12.1 Repealer 12.2 Validity 12.3 Effective Date 12.4 Enforcement 12.5 Violations & Penalties XII-1 XII-1 XII-1 XII-1 XII-2 Appendix ZONING ILLUSTRATIONS (see Appendix divider sheet for list of Figures) Amendments Re-zoning of land on Paterson Plank Road from C-2 Highway Commercial Zone to Industrial Zone Regulation of Sign Permitting Multi-family buildings in C-1B Zone and creating C-1R Zone Permitting Regional Commercial Center in C-2 Zone Redevelopment at Kennedy Boulevard/58th Street Church Hill Road Town House Overlay Zone Re-zoning of land on east side of Tonnelle between 60th and 69th Street Re-zoning of land bounded by Granton Ave., Liberty Ave., and 69th Re-zoning of land South of 37th to Columbia Park Re-zoning of portion of P-2 Zone to newly created P-3 Zone Regulation of Mobile Cellular Communications Re-zoning of Portion of P-2 Zone to newly created RRC Zone -iii- 1.1 ARTICLE I TITLE AND PURPOSE Article I Title This ordinance shall be known and may be cited as "Zoning Ordinance of the Township of North Bergen in the County of Hudson". General Intent 1.2 The intent of this ordinance is to establish a detailed plan relating to the nature and extent of the uses of land and of buildings and structures thereon. The regulations and districts set forth herein have been based on the land use plan element of the master plan as adopted and subsequently amended by the North Bergen Planning Board and designed to be substantially consistent therewith with respect to, among other factors, the character of each district and its peculiar suitability for certain uses with a view to encouraging the most appropriate uses of land throughout the Township of North Bergen. 1.3 Purpose This ordinance is adopted pursuant to the authority conferred by Chapter 291, Laws of New Jersey, 1975 for the general purposes set forth herein and more specifically to further the advancement of the city as a social, economic and political unit, to promote the general welfare and achieve the following purposes: a. To promote orderly development. b. To protect the character and maintain the suitability of residential, business, waterfront and industrial areas within the Township and to promote orderly and beneficial development and redevelopment of such areas. c. To limit congestion in the public streets by providing for off-street parking of motor vehicles and for the loading and unloading of motor vehicles. d. To promote the public safety by providing protection against fire, explosion, noxious fumes and other hazards. e. To regulate the intensity of use of the land, and to determine the area of open spaces surrounding buildings, which spaces are necessary to provide adequate light, air, privacy and convenience of access to property and to protect the public health. f. To prohibit uses, buildings or structures which are incompatible with the character of development or the permitted uses within specified zoning districts. 1-1 Article I 1.4 g. To prevent such additions to, and alterations or remodeling of existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder. h. To conserve the taxable value of land and buildings throughout the Township. 1. To encourage the preservation of the natural beauty of the Palisades and to maintain physical access to the Hudson River and visual access to the Manhattan skyline. j. To promote the maximum practicable recovery and recycling of recyclable materials from the municipal solid waste stream (as designated in the adopted municipal recycling ordinance and supported in the Recycling Plan Element of the North Bergen Master Plan as adopted and amended) through the establishment of appropriate site plan review design requirements for the storage, disposition and recycling of designated recyclables. Scope This ordinance applies within the township limits of the Township of North Bergen, Hudson County, as now and hereafter established. The provisions of this ordinance may be regarded as the minimum requirements for the protection of the public health, safety, comfort, convenience and welfare. This ordinance is not intended to abrogate or annul any building permit, certificate of occupancy, variance or other lawful permit issued and in full force and effect on the effective date of this ordinance. Nor is this ordinance intended to apply to that district which has been designated the Hackensack Meadowlands Development district and is identified with an "H" on the Township Zoning Map. 1-2 ARTICLE II DEFINITIONS Article II Accessory Building, Structure or Use: A building, structure or use which is customarily associated with and is subordinate and incidental to the principal building, structure or use and which is located on the same lot therewith. (An accessory building attached to the principal building shall comply in all respects with the requirements applicable to the principal building). Alterations or Addition, Structural: Any change or rearrangement of the means of egress or in the supporting members of a building such as walls, foundations, columns, beams, girders, post or piers, or additions to or enlargements of an existing structure requiring walls, foundations, columns, beams, girders, posts or piers; or the moving from one location or position to another. Apartment: One or more rooms comprising a dwelling unit in a multi-family dwelling or serving as the home or residence of an individual, or a family, or a household. Basement: A portion of the building partly underground, but having less than half its clear height below contact grade around the periphery of the foundations. See Figure 1. Billboard: A sign on which lettered or pictorial matter is displayed for advertising purposes other than that on a building or its grounds giving the name, occupation, user, the nature of the business conducted therein, or the products primarily sold or manufactured therein. Building: Any structure, part of a structure, extension thereof, or addition thereto having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals, or property. Building Attached: Two or more buildings sharing a common unpierced wall or common stairwell. Building Coverage: That area of a lot which, when viewed directly from above, may be covered by a building or any part of a building, expressed as a percentage of the total lot area. Calculation of building coverage on a lot comprised partially of water shall not include land under water. See Figure 2. Building Height: The vertical distance measured from the average elevation of the finished grade at all corners of the building to the highest point of the roof for flat roofs; to the mean height level (between the eaves and ridge) for gable and hip roofs; and to the deck line for mansard roofs. See Figure 3. II-1 Article II Building, Principal: See "Principal Use" Cellar: A portion of a building having half or more than half of its clear height below average contact grade around the periphery of the foundation. See Figure 1. Child Care Center: any building or portion thereof in which child care services are provided for six (6) or more children and for which services a license is required from the Department of Human Services. See Article V, Section 5.6 for supplementary regulations. Clinic: A professional office where the services of more than one practitioner can be obtained and where persons are studied or treated on an out-patient basis and where no over-night accommodations are provided. Common Property: A parcel or parcels of land, together with the improvements thereon, intended for the use and enjoyment of residents and owners of the individual dwelling units in the development. Conditional Use: A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use contained in the zoning ordinance, and upon issuance of an authorization therefore by the Municipal Agency. Court: An unoccupied open space, other than a yard, on the same lot with a building, which is bounded on three or more sides by the wall of such building. Cultural Facility: A place of assembly in which the principal activity is entertainment such as movies, legitimate theater, museums, dance, music or art galleries but excluding such activities as participatory and spectator sports. Customer Service Area: The floor area of a retail establishment including retail business and services, eating and drinking places and retail food establishments in which customers assemble to receive the goods or services offered and in which goods are displayed and sales transacted. It does not include those areas of the establishment used for bulk storage, kitchens and toilets. Density: The permitted number of dwelling units per gross acre of exposed land to be developed. 11-2 Article II Dwelling: Any building or portion thereof designed or used primarily as the permanent residence or sleeping place of one or more persons. A dwelling is not a hotel, motel, hospital, nursing home, dormitory, fraternity or sorority house, rooming house or similar structure under the terms of this ordinance. a. Dwelling, Single-Family: A building containing one dwelling unit only. b. Dwelling. Two-Family: A building containing two dwelling units only. c. Dwelling, Two-Family, semi-attached: A 2-family dwelling attached to another 2- family dwelling by a common vertical wall, with each 2-family dwelling located on a separate lot. d. Dwelling, Multi-Family: A building or portion thereof containing three or more dwelling units respectively. Dwelling Unit: A room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The dwelling unit shall be self-contained and shall not require the use of outside stairs passing through another dwelling unit, nor shall one dwelling unit require shared facilities with another dwelling unit. Eating & Drinking Places: Retail establishments selling food and drinks for immediate on- site consumption with no waiter service (such as lunch counters, coffee bars, pizza and refreshment stands). Family Day Care: A private residence registered as a family day care home pursuant to the "Family Day Care Provider Registration Act". See Article V, Section 5.2.d.6) for supplementary regulations. Floor Area Ratio: The sum of the area of all floors of buildings or structures compared to the total area of the site, exclusive of parking structures. See Figure 4. Garage, Private: A garage or garage facility used as an accessory to a residential building on the same lot, which provides for the parking of passenger motor vehicles and in which no occupation, business, or service for profit is conducted. Garage, Public: Buildings used exclusively for the parking of more than four (4) passenger vehicles or storing of motor vehicles and in which services limited to washing, polishing and other cleaning services may be provided. Garden Apartments: A building or group of buildings situated on one lot not exceeding three stories or 30 ft. in height containing off-street parking, landscaped areas and other appurtenant facilities. 11-3 Article II Grade, Finished: The final elevation of the ground level after development: Gross Floor Area: Gross floor area in residences shall be measured by using the outside dimension of the building, excluding the area of a garage, attic, open porch or patio and further excluding the areas used as a cellar, basement and utility, heating and cooling rooms. Only those portions of floor areas in residential structures which are at or above grade and have a ceiling height above them of seven and one-half feet (7.5) or more, or those floor areas on the top story which meet the definition of a half story shall be included in the gross floor area. In non-residential structures, floor areas used for storage and other purposes, regardless of the ceiling height, shall be included in the gross floor area, but floor areas used for utility, heating and cooling rooms shall be excluded. The gross floor area of any use sharing a common wall with another use shall be measured from the center of interior walls and the outside of exterior walls. See Figure 1. Home Occupation: An occupation or a profession including Family Day Care which See Section 5.2.: a. Is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit, and b. Is carried on by a member of the family residing in the dwelling unit, and c. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes. Hospital: A building containing beds for temporary occupancy by four or more patients and used for the diagnosis, treatment or other care of human ailments. Hotel: A facility offering transient lodging accommodations to the general public and may provide additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities. House of Worship: A building or group of buildings for the assembly of members of a designated faith for worship, religious instruction and ancillary activities normally associated with such a facility (such as parish houses, religious schools and residences). Impervious Coverage: Any material which reduces or prevents absorption of stormwater into land and which reduces percolation to a rate slower than one hundred twenty (120) minutes per inch. 11-4 Article II Junk Yard: Any lot or portion thereof with or without buildings used for the storage, keeping or abandonment of used or discarded materials, including but not limited to waste paper, rags, metal, building materials, house furnishings, machinery, vehicles or for the dismantling, demolition, processing, salvage, sale or other use or disposition of the same. The storage or keeping of three or more abandoned, wrecked or broken vehicles, or the major parts thereof shall be deemed to make the lot a "junk" yard. Lot: A tract or parcel of land abutting a street, but not including any portion of a street, which tract or parcel of land is legally separate from any other tract or parcel of land. See Figures 5 & 6. a. Lot Area: The area contained within the lot lines of a lot but shall not include any portion of a street right-of-way. b. Lot, Corner: A lot abutting two or more intersecting streets, where the interior angle of intersection does not exceed 135 degrees. c. Lot Coverage: The total square footage of all buildings and paved surfaces occupying a lot as viewed directly from above, expressed as a percentage of the total lot area. See Figure 2. d. Lot Depth: The shortest horizontal distance between the street line and a line drawn parallel to the street line through the midpoint of the rear lot line. The greater dimension on a corner lot is its depth. e. Lot Frontage: The horizontal distance between side lot lines measured along the street line. The minimum lot frontage shall be the same as the lot width except that where side lot lines are not parallel or where the lot fronts on a street with a curved alignment with an outside radius of less than five hundred (500) feet, the minimum distance between the side lot lines measured at the street line shall not be less than seventy-five (75) percent of the required minimum lot width. In the case of a corner lot, either street frontage which meets the minimum frontage required for that zone may be considered the lot frontage. f. Lot, Interior: A lot other than a corner lot. g. Lot Line: Any line forming a portion of the exterior boundary of a lot and the same line as the street line for that portion of a lot abutting a street. Lot lines extend vertically in both directions from ground level. h. Lot Width: The straight and horizontal distance between side lot lines at setback points on each side lot line measured an equal distance back from the street line. The minimum lot width shall be measured at the minimum required building setback line. 11-5 Article II Marina: A boat basin with facilities for berthing, servicing and securing all types of recreational watercraft, as well as providing adequate supplies, provisions, storage and fueling facilities. The following facilities may be provided: boat slips, boat handling equipment, repair and maintenance facilities; marine and hardware supplies, launching facilities, fuel station; locker and sanitary facilities; a restaurant and club house; recreational facilities such as swimming pools and picnic grounds; spectator area; pedestrian area; and motor vehicle parking. Mezzanine: An intermediate level between the floor and ceiling of any story and covering not more than 33 percent of the floor area of the room in which it is located. See Figure 1. Mixed Use: A lot or structure containing more than one (1) use. Mobile Home: Any vehicle so designed, constructed, reconstructed or added to by means of accessories in such a manner as will permit the use and occupancy thereof as a dwelling structure for sleeping and/or living purposes, whether resting on wheels, jacks or other supports and used or so constructed as to permit its use as a conveyance upon a street or highway. The terms "trailer house" shall also mean "mobile home". Motel: A building or group of buildings whether detached or in connected units used as individual sleeping or dwelling units designed primarily for transient automobile travelers and providing for accessory off-street parking facilities. The term "auto court" includes buildings designated as tourist courts, motor lodges, motels and by similar appellations. Multi-Family: A building containing five or more dwelling units which are entirely separated from each other by vertical walls or horizontal floors, unpierced, except for access to the outside or a common cellar. a. Mid Rise: A residential building not more than 5 stories or 60 feet in height which ever is less. b. High Rise: A residential building more than 5 stories or 60 feet in height. Non-Conforming Use: A use or activity which does not conform to the requirements of the zoning district in which it is located by reasons of adoption, revision or amendment to the zoning ordinance. a. Non-Conforming Building or Structure: A building or structure which does not conform to the regulations of this ordinance for the district in which it is located. b. Non-Conforming Lot: A lot of record which does not have the minimum width, frontage, depth or contain the minimum area for the district in which it is located. Office: A place for the transaction of business where services are rendered, but where no retail sales are offered and where no manufacturing, assembly or fabricating takes place. Office Building: A building, comprised of offices and accessory uses. 11-6 Article II Open Space: Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land. Parking Area, Private: An open area, other than a street, intended for the same use as a private garage. Parking Area, Public: An open area, other than a street or other public way, used for the parking of automobiles and available to the public, whether for a fee, free or as an accommodation of clients or customers. Parking Facility: Garage or parking area. Parking Space: An area either within a structure or in the open for the parking of motor vehicles See Article VII for design requirements. Performance Standard: Criteria establishing controls on noise, odor, smoke, toxic or noxious matter, vibration, fire and explosion hazards and glare or heat generated by or inherent in uses of land or buildings. Permitted Use: Any use of land or buildings as permitted by this ordinance. Planned Commercial Development: An area of with a minimum contiguous acreage of four (4) acres, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses, or both, and any residential and other uses incidental to the predominant use as may be permitted Article XI, Section 11.2 of this ordinance. Planned Development: Unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development. Planned Unit Residential Development: An area of with a minimum contiguous acreage of five (5) acres, to be developed according to a plan as a single entity containing one or more residential clusters, which may include appropriate commercial or public or quasi- public uses, all primarily for the benefit of the residential development as specified in Article XI, Section 11.2 of this ordinance. Plaza: An open area for general public use which is designed for pedestrian access from the street level(s) which it abuts and which is an open area designed in addition to any required yard areas or open spaces generated by maximum coverage regulations and which has improved surfacing, sitting areas and landscaping. 11-7 Article II Principal Structure: A structure in which the principal use of a lot on which the structure is located, is conducted. Principal Use: The main use of land or structures as distinguished from a subordinate or accessory use. Professional Office: The office of any recognized profession as licensed by the State of New Jersey. Public Purpose: The use of land or buildings by the governing body, township school board or some officially created township agency or authority or by any other government entity whether county, state or federal. Recreation: a. Recreation, Commercial: Recreation facilities operated as a business and open to the general pubic for a fee. b. Recreation, Private, Non-Commercial: Clubs or recreation facilities, operated by a non-profit organization and open to bona fide members of such non-profit organization. c. Recreation, Public: Recreation facilities operated as a non-profit enterprise by the Township of North Bergen or by any other governmental entity or any non-profit organization open to the general public. Research Laboratory: A building in which the principal activity is the systematic investigation of problems in order to discover answers or new facts and their interpretation. Reports and prototype objects shall be considered the principal products of a research laboratory. Residential Cluster: An area with a minimum contiguous acreage of two (2) acres to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance subject to the specifications of Article XI, Section 11.2 of this ordinance. Restaurant: A place of business where food and drink are prepared and consumed while patrons are seated at tables in the premises and are served by waiters. Sanitary Landfill: The means by which refuse is deposited, compacted and covered with clean fill and meeting all the standards of the State of New Jersey and the Municipal Agency. 11-8 Article II Setback Line: A line drawn parallel to a street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" means a line that is established as a minimum horizontal distance from the street line or the lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line. See Figure 2. Shopping Center: A group of stores, shops or similar retail establishments occupying a single building or adjoining structures all of which may be deemed one building if designed as an architectural unit. Space for parking, loading and unloading shall be provided on the same site in accordance with standards set forth in this ordinance. Sign: A "sign" is a name, identification, description, display or illustration which is affixed to, or painted, or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business. However, a "sign" shall not include any display of official court or public notices nor any official traffic control device, nor shall it include the flag, emblem or insignia of a nation, state, county, municipality, school or religious group. A "sign" shall not include a sign located completely within an enclosed building except for illuminated or animated signs within shop windows. Each display surface of a sign shall be considered a "sign". a. Sign, Advertising: A sign, structure or symbol erected and maintained by an individual or corporation engaged in the sale or rental for profit of space thereon to a clientele of manufacturing, service or commercial enterprises upon which space there is displayed by means of painting, posting or other method, advertising copy describing a wide variety of products or services which are not necessarily made, produced, assembled, stored or sold from the lot or premises upon which the advertisement is displayed. This is also known as a "billboard". b. Sign, Business: A "business sign" is a sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered upon the premises where such sign is located, or to which it is affixed. Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it and including those basements used for the principal use. Equivalent to 10 feet as used in the bulk regulations. See Figure 7. Story, half: A space under a sloping roof that has the line of intersection of the roof and wall face not more than three feet above the floor level and in which space the possible floor area with head room of five feet or less occupies at least 40 percent of the total floor area of the story directly beneath. 11-9 Article II Street: Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county, or municipal roadway, or which is shown upon a plat heretofore approved pursuant to law, or approved by official action as provided by the Municipal Planning Act (R.S. 40:55-1.1 et seq., as amended) or on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a planning board and the grant to such board of the power to review plats; and any way shown on a plat approved by the Township, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. Street Line: The edge of the street right-of-way forming the dividing line between the street and a lot. Street, Private: A street that has not been dedicated to or accepted by the municipality or other governmental entity. Structure: Anything built, constructed or erected with a fixed location on or below the ground or attached to something having a fixed location on the ground, including but not limited to buildings, signs, fences, tanks, towers or poles, but excluding walks, walkways, driveways, streets and roads. Town Houses: A building or group of buildings not exceeding 30 feet in height, containing one or two dwelling units situated on one lot. Tract: An area of land or property comprised of one (1) or more contiguous lots having sufficient dimensions and area to make one lot meeting the requirements of this ordinance for the use(s) intended. The original land area may be divided by one (1) existing public street and still be considered one (1) tract. Utility: Water, sewerage, telephone, gas, cable TV or electric service from a private or public utility company under the regulations of the New Jersey Public Utility Commission. On-site storage of gasoline, compressed gas, steam or use of conveyor belts, elevators, water mains or other means of storing, servicing, or transporting goods and services on-site shall not be considered a utility. II-10 Article II Yard: An open space, as may be required by this ordinance, of uniform width or depth on the same lot with a building or a group of buildings, which open space lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted. See Figure 8. a. Yard, Front: An open unoccupied space on a lot between the street line and a line parallel thereto at such distance therefrom as may be specified herein for the district in which said lot is located. b. Yard, Rear: An open unoccupied space on a lot between the rear lot line and a line parallel thereto to such distance therefrom as may be specified herein for the district in which said lot is located. c. Yard, Side: An open unoccupied space on a lot between the side lot line and a line parallel thereto at such distance therefrom as may be specified herein for the district in which said lot is located. Zoning Map: The Zoning Map or maps of the Township of North Bergen, New Jersey together with all amendments subsequently adopted. II-11 Article III ARTICLE III ESTABLISHMENT OF DISTRICTS AND DISTRICT REGULATIONS 3.1 Establishment of Districts For the purpose of this ordinance, the Township of North Bergen is hereby divided into districts as follows: R-1: Low-density residential R-2: Intermediate-density residential R-3: Moderate-density residential C-1: General Business C1-A: Limited Mixed Use C1-B: Limited Mixed Use, Bergenline Avenue C1-C: Mixed Use C-2: Highway Business 1: Industrial P-1: Waterfront/Riverside P-2: Waterfront/Edgecliff 3.2 3.3 Zoning Map The boundaries of each of these districts are hereby established as shown on a map entitled "Zoning Map, Township of North Bergen", dated Adopted April 1987 and as amended which map accompanies and is hereby declared to be part of this ordinance. The "H" district shown on the map is solely under the jurisdiction of the Hackensack Meadowlands Development Commission and is not described in this zoning ordinance. Interpretation of District Boundaries Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the zoning map, the following rules shall apply. a. b. C. Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines, or highway or railroad right-of-way lines, such center lines, street lines or highway right-of-way lines shall be construed to be such boundaries. District boundary lines shown along the Hudson River are intended to be coincident with the pierhead line. Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries. Where district boundaries are so indicated that they are approximately III-1 Article III 3.4 3.5 parallel to the center lines or street lines of streets or the center lines or right- of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. Application of Regulations Except as hereinafter otherwise provided: a. No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used, or intended to be used, for any purposes or in any manner other than as specified among the uses hereinafter listed as permitted in the zone in which such building or land is located. b. C. d. e. f. No building shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the zone in which such building is located. No building shall be erected, no existing buildings shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area and building location regulations hereinafter designated for the zone in which such building or open space is located. No yard or other open space provided
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