CC - Ordinance

An Ordinance to Amend and Supplement Chapter 196 of the Code of the City of Hoboken Entitled “Zoning” at § 196-6 “Definitions” and § 196-24 “Yard Regulations”


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Section 1: The following additions and deletions shall be made to Chapter 196 of the Code of the City of Hoboken entitled “Zoning” as follows: 

§ 196-6 Definitions.


Any application with all attachments, exhibits, appendices, memoranda, amendments, supplements and comments; all correspondence addressed to the Federal Communications Commission, individual comments or objections of other parties, including but not limited to informal objections, petitions to deny proposed findings of fact, conclusions of law, and briefs on appeal; the initial decision of the Federal Communications Commission; notices of appeal; all briefs and other documents on appeal; and all other related matters.


A structure or device that provides for a means of egress and access for rescue in the event of a fire or other emergency. The minimum size requirements must comply with the Rehabilitation Subcode (N.J.A.C. 5:23-6 et. seq.) and the attached Formal Technical Opinion No.: 3 (“FTO-3”). Under no circumstances shall a fire escape be used as outdoor living space.  


An open staircase affixed to the exterior of a building, and servicing all floors, for the purpose of providing secondary egress in lieu of interior stairs required for the same purpose. Under no circumstance should a fire stair be used as an outdoor living space.


The sum of the gross horizontal area of all floors of any building on a lot, measured from the exterior walls or from the center line of walls common to two buildings, but not including cellar space, floor space in open balconies, elevator or stair bulkheads and mechanical spaces. For the purposes of applying the requirements of off-street parking and loading, "floor area," in the case of offices, merchandising or service types of uses, shall mean the gross floor area used or intended to be used by tenants or for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sales of merchandise. It shall not include areas used principally for nonpublic purposes, such as shop windows, for offices incident to the management or maintenance of stores or buildings, for toilets or restrooms, for utilities or for dressing rooms.




In planned unit or planned unit residential developments, "quasi-public" uses are those which are devoted to recreational, cultural or educational use whether owned and operated by a public, private or institutional entity so long as the area devoted to such use is made reasonably accessible to the public.


The act or process of reassembling, reproducing or replacing by new construction the form, detail and appearance of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work or by reuse of original materials.


A single staircase that connects the lowest habitable floor to the yard consisting of a three foot by three foot landing and stairs that do not exceed three feet in width. See also “fire stair.” Under no circumstance should a rear egress stair be used as an outdoor living space.

§ 196-24. Yard regulations.

A. Front yard setback line. The minimum front yard set-back line shall be measured from the street right-of-way line. If a planned right-of-way line has been established on an official map for future streets or the future widening or extension of existing streets, setbacks shall be measured from such planned line as if it were a street line.

B. Multiple frontage lots.

(1) Wherever a side yard is adjacent to a street, front yard setback requirements shall apply.

(2) Wherever a lot abuts on more than one street, the front yard of such lot shall be established on the wider of the abutting streets. Where the abutting streets are of equal width, the front yard may be established on either street. The foregoing shall apply only for a new building when all lots and yards conform to zoning regulations and when the street number for the building is that of the street from which the front yard setback is established.

C. Average side yard width. Where the side wall of a building is not parallel with the side lot line or is broken or is otherwise irregular, the side yard may be varied so long as the average width of such side yard is not less than the required minimum and is at no point less than 1/2 the required minimum.

D. Exceptions to yard requirements.

(1) The following architectural features may project into required yards and shall not count as lot coverage as follows in accordance with the following requirements:

(a) Open fire escapes or fire stairs (where permitted by BOCA, IBC, UCC or other relevant building codes or ordinances): four feet six inches into required side or rear yard, and a single rear egress staircase that connects the lowest habitable floor to the yard.

However, a fire escape or fire stair of any kind that exceeds the minimum size requirements set forth in FTO-3 or the IBC and/or UCC as applicable, and a rear egress stair that exceeds three feet in width shall not be exempt and shall count as lot coverage. 

(b) Cornices, bay windows, canopies, eaves or similar architectural features when projecting into side or front yards: two inches for each one foot of side or front yard setback, but not to exceed a total of three feet.

(c) Pedestrian ramps built pursuant to minimum standards of the Americans with Disabilities Act (ADA). (2) Where residential or special districts abut industrial districts, up to 20 feet of additional setback and appropriate screening may be required subsequent to site plan review by the Planning Board for uses within the Industrial District.

Section 2: This Ordinance shall be a part of the Code of the City of Hoboken as though codified and fully set forth therein.  The City Clerk shall have this Ordinance codified and incorporated in the official copies of the Code.

Section 3:  The City Clerk and the Corporation Counsel are authorized and directed to change any Chapter, Article and/or Section number of the Code of the City of Hoboken in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed.

Section 4:  This ordinance shall take effect as provided by law.

Section 5: All ordinances or parts thereof in conflict or inconsistent with this Ordinance are hereby repealed, but only however, to the extent of such conflict or inconsistency, it being the legislative intent that all ordinances or part of ordinances now existing or in effect unless the same being conflict or inconsistent with any provision of this Ordinance shall remain in effect.  This Ordinance shall also supersede any inconsistent provisions contained in any resolution or ordinance previously adopted by the Hoboken City Council.

Section 6: The provisions of this Ordinance are declared to be severable and if any section, subsection, sentence, clause or phrase thereof for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses and phrases of this Ordinance, but shall remain in effect; it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.

Section 7: This Ordinance shall take effect upon passage and publication as provided by law.





Meeting History

Jun 6, 2018 7:00 PM Video City Council Regular Meeting
draft Draft
RESULT:1ST READING [7 TO 2]Next: 6/20/2018 7:00 PM
MOVER:Mike DeFusco, 1st Ward Council Member
SECONDER:Tiffanie Fisher, 2nd Ward Council Member
AYES:Mike DeFusco, Vanessa Falco, Tiffanie Fisher, Jennifer Giattino, Emily Jabbour, Michael Russo, Ruben Ramos
NAYS:Peter Cunningham, James Doyle
Jun 20, 2018 7:00 PM Video City Council Regular Meeting
draft Draft

***Carried to the July 11, 2018 Council Meeting***

RESULT:TABLEDNext: 7/11/2018 7:00 PM
Jul 11, 2018 7:00 PM Video City Council Regular Meeting
draft Draft

***Vetoed by Mayor Bhalla on July 27, 2018***

MOVER:Mike DeFusco, 1st Ward Council Member
SECONDER:Tiffanie Fisher, 2nd Ward Council Member
AYES:Peter Cunningham, Mike DeFusco, Vanessa Falco, Tiffanie Fisher, Jennifer Giattino, Michael Russo, Ruben Ramos
NAYS:James Doyle, Emily Jabbour