Hoboken
NJ

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An Ordinance Amending Hoboken City Code Chapter 196 “Zoning” at §196-14(E)(6) “Building Height” to Amend the Building Height Standard

Information

Department:City CouncilSponsors:Council President Jennifer Giattino
Category:Amendment

Attachments

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Body

NOW, THEREFORE, the City Council of the City of Hoboken does hereby Ordain as follows (additions noted in underline, deletions noted in strikethrough):

SECTION ONE: amendments to Hoboken Code Chapter 196-14(e)(6) 

§ 196-14 R-1 District; R-1(E) Subdistrict; R-1(CS) Overlay District; R-1(H)(CPT).

 

E. Area, yard and building requirements for principal and accessory buildings shall be as follows:

 

(1) Lot area, minimum:

 

(a) R-1 District: 2,000 square feet.

(b) R-1(E) Subdistrict: 2,000 square feet.

(c) R-1(CS) Subdistrict: 2,000 square feet.

(d) R-1(H)(CPT) Subdistrict:

 

[1] One-family: 2,000 square feet.

[2] Two-family: 3,000 square feet.

 

(2) Lot width, minimum:

 

(a) R-1 District: 20 feet.

(b) R-1(E) Subdistrict: 20 feet.

(c) R-1(CS) Subdistrict: 20 feet.

(d) R-1(H)(CPT) Subdistrict:

 

[1] One-family: 20 feet.

[2] Two-family: 30 feet.

 

(3) Lot depth, minimum:

 

(a) R-1 District: 100 feet.

(b) R-1(E) Subdistrict: 100 feet.

(c) R-1 (CS) Subdistrict: 100 feet.

(d) R-1(H)(CPT) Subdistrict: 100 feet.

 

(4) Lot coverage maximum:

 

(a) R-1 District: 60%.

(b) R-1(E) Subdistrict: 50%.

(c) R-1 (CS) Subdistrict:

 

[1] For principal building, 60%.

[2] For accessory building, 20% or 400 square feet, but in no event shall the distance between principal and accessory buildings be less than 20 feet.

 

(d) R-1(H)(CPT) Subdistrict: 60%.

 

(5) (Reserved)

 

(6) Building height.

 

a)      R-1 District: Principal buildings.

[1] A maximum height of 40 feet or three stories, whichever is less, is allowed above the design flood elevation as established pursuant to Chapter 104, Flood Damage Prevention, of the Municipal Code. A minimum floor-to-floor height of 10 feet shall be required for all stories above design flood elevation, including additions to existing structures. Existing structures are grandfathered unless the requirements of Chapter 104 are triggered.

[2] Where adjacent grade exceeds the design flood elevation, building height shall be permitted up to 40 feet above the elevation of finished grade surrounding the structure or three stories, whichever is less.

[3] On a lot where no more than 50 feet of frontage exists between two existing adjacent buildings that both exceed the maximum height permitted for the district (as measured in feet), the new structure may match but shall not exceed the height of the lower of the two buildings. Final height in such a case shall include any front parapet.

[4] In all areas of special flood hazard, as established in Chapter 104, Flood Damage Prevention, enclosed areas below design flood elevation of a new or substantially improved building shall be usable only for vehicle parking (where otherwise permitted by this chapter), building access, and storage. Where otherwise permitted pursuant to this chapter, a commercial use may also occupy the ground floor, provided that the floor meets the floodproofing standards set forth in Chapter 104.

 

[2] Editor's Note: Ordinance No. DR-44 is retroactive to February 6, 2002, the date of adoption of Ordinance No. DR-17.

 

b)     R-1(E) Subdistrict: a maximum of four stories or 40 feet for buildings within 200 feet of any residential district. Otherwise, a maximum of 10 stories or 100 feet.

c)      R-1 (CS) Subdistrict: 2,000 square feet.

 

[1] For principal building, as in the R-1 District.

[2] For accessory building, one residential story over accessory garage, total height not to exceed 30 feet.

 

d)     R-1(H)(CPT) Subdistrict:

 

[1] No addition shall be constructed on the front, side or top of an existing building so as to change the architectural style of the front facade; additions may be made to the rear portions of existing structures so long as the addition complies with other bulk requirements and does not exceed 40 feet in height above the grade of the rear yard as measured at the two rear building corners existing at the time of the adoption of this section.

[2] New construction shall not exceed the prevailing height as established on the subject blockfront as measured from the average grade of the two front corners of all principal building.

 

SECTION TWO: REPEAL OF INCONSISTENT PROVISIONS

All ordinances or parts thereof in conflict or inconsistent with this Ordinance are hereby repealed, but only to the extent of such conflict or inconsistency, it being the legislative intent that all such ordinances or part of ordinances now existing or in effect unless the same are in conflict or inconsistent with any provision of this Ordinance shall remain in effect.

SECTION THREE: SEVERABILITY

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 remaining in effect; it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.

SECTION FOUR:  EFFECTIVE DATE

This Ordinance shall take effect immediately upon passage and publication as provided by law.  

SECTION FIVE:  CODIFICATION

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.

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.

 

Meeting History

Dec 5, 2018 7:00 PM Video City Council Regular Meeting
draft Draft
RESULT:1ST READING [8 TO 0]Next: 12/19/2018 7:00 PM
MOVER:Jennifer Giattino, Council Vice President
SECONDER:James Doyle, Council-at-Large
AYES:Peter Cunningham, Mike DeFusco, James Doyle, Tiffanie Fisher, Jennifer Giattino, Emily Jabbour, Michael Russo, Ruben Ramos
ABSTAIN/ALTERNATE:Vanessa Falco
Dec 19, 2018 7:00 PM Video City Council Regular Meeting
draft Draft

Councilman DeFusco comments and would like to table and update the ordinance and seconded by Councilman Cunningham

FAILED To Table by the following vote: YEAS: 4 - NAYS: 5

YEAS: Council persons Cunningham, DeFusco, Fisher and Russo

NAYS: Doyle, Falco, Giattino, Jabbour, Ramos Jr.

RESULT:ADOPTED [5 TO 4]
MOVER:Jennifer Giattino, Council President
SECONDER:James Doyle, Council-at-Large
AYES:James Doyle, Tiffanie Fisher, Jennifer Giattino, Emily Jabbour, Michael Russo
NAYS:Peter Cunningham, Mike DeFusco, Vanessa Falco, Ruben Ramos