Appendix C · Zoning Regulations

Article 17 Housing Opportunity Overlay District (HO-O)

Sections 17-101 to 17-501 · 15 sections

SECTION 17-1 INTENT

17-101 The regulations set forth in this Article, or set forth elsewhere in these regulations when referred to in this Article, are the regulations for the Housing Opportunity Overlay District (HO-O). The intent of this overlay district is to provide for greater density residential development, within the R-1 or R-2 district, on smaller than normal lot sizes in areas where residential redevelopment is desirable. These regulations also provide for additional development incentives to encourage construction of housing with a broad range of cost.

SECTION 17-2 USES

17-201 In the Housing Opportunity Overlay District no building, land or premises shall be used and no building or structure shall be hereafter erected or altered, except for the following uses:

a. Single family detached dwellings, on a permanent foundation. Any group homes shall have an exterior appearance which is in reasonable conformance to the general neighborhood standard.

b. Accessory uses, including automobile parking areas, customarily incident to the above uses and located on the same lot therewith, not involving the conduct of a business or industry. Accessory buildings shall not exceed four hundred (400) square feet in ground floor area.

SECTION 17-3 PARKING REGULATIONS

17-301 Two (2) off-street parking spaces shall be provided for each dwelling unit.

SECTION 17-4 HEIGHT, AREA AND YARD REGULATIONS

17-401 Height: Main buildings or structures shall not exceed thirty-five (35) feet and/or two and one-half (2½) stories in height. Detached accessory structures shall not exceed a maximum of twenty (20) feet.

17-402 Yards:

a. Front Yard: The depth of the front yard shall be at least fifteen (15) feet.

b. Side Yard: There shall be a side yard of at least five (5) feet on each side of a dwelling. All detached accessory buildings shall have a minimum side yard of five (5) feet.

c. Rear Yard: The depth of the rear yard shall be at least fifteen (15) feet. All detached accessory buildings shall have a minimum rear yard of five (5) feet.

d. Where a garage is the same distance from the street as is the residence, the garage is subject to the fifteen (15) foot setback. Provided, however, where a garage is closer to the street than is the residence, the minimum front yard setback is twenty (20) feet.

17-403 Lot Dimensions: The minimum width of a lot shall be forty (40) feet on an interior lot and seventy (70) feet on a corner lot. The minimum depth of a lot shall be ninety (90) feet. Lots fronting a cul-de-sac with at least a fifty (50) foot radius shall have width at the front lot line of not less than twenty-five (25) feet.

17-404 Lot Area Per Household: Every single-household dwelling or residence established shall provide a minimum lot area of five thousand (5,000) square feet per household.

17-405 Maximum Building Coverage: The maximum building coverage of a lot, including accessory buildings but excluding swimming pools, shall not exceed sixty percent (60%).

17-406 Minimum District Size: The minimum district size shall be twenty-three thousand, two hundred (23,200) square feet.

SECTION 17-5 ADDITIONAL INCENTIVES

17-501 Upon application to the Zoning Administrator, any of the requirements of Section 17-4 may be reduced by the Zoning Administrator by up to 20 percent (20%) to accommodate residential development upon satisfactory evidence that at least 25 percent (25%) of the dwellings to be constructed in the HO-O District will be priced to serve those earning 50 percent (50%) or less of the most recently available Kearny County median income.

17-502Any appeals of a determination or other action by the Zoning Administrator pursuant to Section 17-501 shall be heard by the Planning Commission. No appeal shall be made from the decision of the Planning Commission.