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West New York, NJ Building Setbacks & Zoning: Structure Height Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Garden apartment
2 stories or 35 feet, Note 1(3)
Elevator apartment
12 stories or 135 feet, Note 1(3)
Row house principal building
31/2 stories or 40 feet, Note 6(9)
Accessory garage (row house)
1 story or 15 feet
Shed
12 feet from grade level, Note 18(2)
Measurement rule
Curb level to roof beams or gable, § 414-11

Summary

In the Town of West New York, New Jersey, § 414-15 caps garden apartments at two stories or 35 feet, elevator apartments at 12 stories or 135 feet, and row house principal buildings at 31/2 stories or 40 feet. Sheds cannot exceed 12 feet from grade. The district schedule itself is an attachment to Chapter 414.

A. Note 1: Garden apartment and elevator apartment developments shall be permitted, subject to site plan approval by the Planning Board, provided that: ... (3) No garden apartment building shall exceed a height of two stories or 35 feet and no elevator apartment building shall exceed a height of 12 stories or 135 feet. ... F. Note 6: ... Row or townhouses shall be permitted, provided that: ... (9) The height of the principal building shall not exceed 31/2 stories or 40 feet, and an accessory garage building shall not exceed a height of one story or 15 feet. ... Q. Note 17: ... Infill Development District. ( ... 3) Height. ... The height of all structures shall be limited by the permitted density of development, setbacks and floor area ratio provisions. ... R. Note 18: ... Sheds may be erected, subject to the following provisions: ... (2) No shed shall be installed that is higher than 12 feet as measured from grade level.

Full Breakdown

Height limits for specific residential building types are printed in the notes to the Schedule of District Regulations in § 414-15 of the Town of West New York Code. Note 1(3) provides that no garden apartment building shall exceed a height of two stories or 35 feet and no elevator apartment building shall exceed a height of 12 stories or 135 feet. Both types are permitted only subject to site plan approval by the Planning Board, and elevator apartment developments carry a floor area ratio cap of three to one under Note 1(9).

Note 6 governs row and townhouse developments. The principal building cannot exceed 31/2 stories or 40 feet, and an accessory garage building cannot exceed one story or 15 feet. Note 18 caps a shed at 12 feet as measured from grade level.

The Infill Development District in Note 17 uses no fixed number. Its height clause says the height of all structures is limited by the permitted density of development, setbacks and floor area ratio provisions, with a floor area ratio of 5 to 1 that can reach 7 to 1 where half the floor area above 5 to 1 is affordable housing. The Editor's Note says that district applies only to Block 29 of the Official Tax Map.

Section 414-11 defines how height is measured. For flat roofs it is the vertical distance from the curb level to the highest point of the roof beams adjacent to the street wall, and for pitched roofs it is the distance from the curb level to the average height of the gable. Where the front wall of a building is more than 20 feet from the street line, the average level of the ground adjoining the walls can be used instead of the curb level. The district-by-district heights sit in the Schedule of District Regulations, which § 414-12 adopts as an attachment to the chapter and which this page does not reproduce.

Violations & Fines

The Construction Official enforces Chapter 414 under § 414-80A. Anyone who commits, takes part in or assists in a violation faces imprisonment not exceeding 30 days or a fine not exceeding $200, or both, and each day the violation is permitted to exist is a separate offense under § 414-80B. A corporation faces a fine not exceeding $200 under § 414-80C. The Board of Commissioners can also seek legal action to abate a violation under § 414-79.

Frequently Asked Questions

How tall can an elevator apartment building be in the Town of West New York?
Note 1(3) of § 414-15 says no elevator apartment building shall exceed a height of 12 stories or 135 feet. A garden apartment building is limited to two stories or 35 feet. Both are permitted only subject to site plan approval by the Planning Board, and elevator buildings also face a floor area ratio cap of three to one.
What is the height limit for townhouses and row houses?
Note 6(9) says the height of the principal building shall not exceed 31/2 stories or 40 feet, and an accessory garage building shall not exceed a height of one story or 15 feet. Row houses are also limited to 60 percent lot coverage by buildings and must be built in groups of not fewer than five nor more than 10 houses.
How is building height measured under the West New York zoning code?
Section 414-11 measures a flat-roofed building from the curb level to the highest point of the roof beams adjacent to the street wall, and a pitched-roof building from the curb level to the average height of the gable. If the front wall is more than 20 feet from the street line, average ground level can replace curb level.
How high can a backyard shed be?
Note 18(2) says no shed shall be installed that is higher than 12 feet as measured from grade level. The same note keeps sheds at least three feet from a rear or side property line and 10 feet from another structure. A shed of 100 square feet or less needs a zoning permit, with a $75 fee under Note 18(5).

Sources & Official References

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