Bayonne, NJ Building Setbacks & Zoning: Structure Height Limits (2026)
Key Facts
- R-1 principal height limit
- 2 1/2 stories / 35 feet
- R-1 accessory height limit
- 1 1/2 stories / 15 feet
- Garage story exclusion
- 2-car ground-floor garage excluded (note a)
- R-3 low-rise apartment height
- 3 1/2 stories / 40 feet
- Governing section
- § 35-5.26, Schedule I
- Enforcing agency
- Division of Zoning
- General penalty
- up to $1,250 fine or 90 days (§ 1-5.1)
Summary
In the City of Bayonne, Schedule I of Zoning Code § 35-5.26 caps a principal residential building in the R-1 District at 2 1/2 stories or 35 feet, with a detached accessory structure limited to 1 1/2 stories or 15 feet. A ground-floor garage for no more than two cars does not count as a story toward that limit.
SCHEDULE I AREA, YARD, HEIGHT AND DENSITY REQUIREMENTS (Subsection 35-5.26) ... Building Height (stories/feet) Zone District ... Principal Accessory ... R-1 District: Detached single-family (interior lot) ... 70% 2 1/2/35a. 1 1/2/15 ... NOTES: ... a. Ground floor parking garages accommodating not more than two cars in a detached single- or double-family dwelling, or townhouse, which do not contain or abut livable space, shall not be counted as a story.
Full Breakdown
Bayonne's Division of Zoning measures height against the Building Height columns of Schedule I under § 35-5.26. For the R-1 District, a detached single-family home's principal structure is capped at 2 1/2 stories/35 feet and its accessory structure at 1 1/2 stories/15 feet; the same limits apply to the R-2 double-family and R-1/R-2 townhouse rows, and for R-3's low-rise apartments the principal cap rises to 3 1/2 stories/40 feet with a 2-story/20-foot accessory limit. Schedule I's footnote a excludes a ground-floor parking garage for no more than two cars in a detached or double-family dwelling or townhouse from the story count, so long as the garage does not contain or abut livable space, meaning a home can add that garage level without tripping the 2 1/2-story cap.
Height climbs sharply outside the low-rise residential districts: the Broadway Corridor's CBD District allows 5 stories/55 feet, the H-1 waterfront district allows 6 stories/120 feet, and the I-H-O industrial overlay allows an accessory structure up to 10 stories/150 feet, taller than its own 5-story/65-foot principal limit. A structure raised above its zone's Schedule I height cap without a variance from the Zoning Board of Adjustment is out of compliance and subject to the Code's general enforcement authority.
Violations & Fines
Chapter 35 carries no height-specific fine of its own, so a building raised above its Schedule I limit is enforced under the Code's general penalty at § 1-5.1: up to a $1,250 fine, up to 90 days in the county jail, or up to 90 days of community service, set by the Municipal Court. Section 1-5.3 adds a further fine for a repeat height violation within one year, and the Zoning Officer can require the excess height removed.
Frequently Asked Questions
How tall can a house be built in Bayonne's R-1 District?
Does a garage count toward the story limit on a Bayonne home?
What happens if a structure in Bayonne exceeds its zone's height limit?
Sources & Official References
Other rules in Bayonne
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Structure Height Limits in Nearby Cities
How other cities in this county handle structure height limits.