Hoboken City Zoning Code
ARTICLE V
Schedule I: Residential Districts
§ 196-14 R-1 District; R-CP District.
[Last amended 1-15-2020 by Ord. No. B-219]
A.
District area. The R-CP District shall include all or portions of, as specified, the following blocks and lots per the Official Tax Maps of the City of Hoboken:
B.
Purpose.
(1)
R-1 District. The purpose of this district is to conserve the architecture, scale and grain of residential blocks and street patterns; to reinforce the residential character of the district; acknowledge the traditional relationship between Stevens Institute, adjacent residential neighborhoods and neighborhood retail businesses and services; to regulate those buildings and activities not comparable with district objectives.
(2)
R-CP District. The purpose of the R-CP District is to reinforce and safeguard the heritage of this residential area which is one of the oldest and most prestigious neighborhoods in Hoboken. This district is distinguished by being the only neighborhood in the City typified by large, freestanding and semi-attached one- and two-family homes. Through architectural and bulk controls, the height, density, and uses will be limited to maintain Castle Point's scale and historic character.
C.
Principal permitted uses shall be as follows.
D.
E.
Conditional uses shall be as follows:
(1)
R-1 District:
(a)
Bars.
(b)
Clubs and community centers.
(c)
Educational uses not otherwise mentioned.
(d)
Essential utilities or public services.
(e)
Funeral homes.
(f)
Instructional uses.
(g)
Clinics and nursing homes.
(h)
Nursery schools.
(i)
Office buildings.
(j)
Places of worship, associated residences and schools.
(k)
Public buildings and uses, such as schools, libraries, parks and playgrounds.
(l)
Professional or business offices, other than home occupations, when located above street level.
(m)
Public parking facilities.
(n)
Restaurants.
(o)
(Reserved)
(p)
Accessory uses customarily incident to a principal permitted use but not on the same lot.
F.
Area, yard and building requirements for principal and accessory buildings shall be as follows:
(5)
(Reserved)
(6)
Building height.
(a)
R-1 District:
[1]
For principal structures, a maximum height of 40 feet or three stories, whichever is less, is allowed above 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 of all stories above design flood elevation on new construction, 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, the new structure may match but shall not exceed the height and stories 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.
[5]
Where applicable, on through lots on the west side of Hudson Street that front on both Hudson Street and Court Street, an accessory building may measure 30 feet above average grade, but shall not exceed one dwelling over grade-level parking or another permitted use.
(b)
R-CP District: as existing: 40 feet or 3.5 stories above average adjacent grade, whichever is greater.
(7)
Yard dimension, minimum:
(a)
R-1 District:
[1]
Front: Front yard setback shall be either 0 feet or shall match the setback on the adjoining lots on either side except that no front yard setback shall exceed 10 feet. On a lot with less than 50 feet of frontage between two existing adjacent buildings that both have a front yard setback greater than 0 feet but equal to or less than 10 feet, the new structure shall match the lesser setback of the two adjacent buildings. Where the lot frontage of a new building is 50 feet or more, the front yard setback may match the lesser adjacent setback or be 0 feet. In any instance, if there are no adjacent structures or both are set back more than 10 feet, the new structure shall be set back 0 feet.
Any fencing, landscaping, architectural feature or stoop extending beyond the property line is subject to the requirements set forth in Chapter 168, Streets and Sidewalks. Where a front yard setback exists or is created, fencing, landscaping, architectural features and stoops within the setback shall not be counted as lot coverage. |
[2]
Rear: 30 feet or 30% of lot depth, whichever is less. In no event shall the rear building wall of any extension, enlargement or new construction be permitted at a depth greater than 70 feet from the front lot line; rear yard areas are to be landscaped and accessible to occupants and for maintenance purposes.
[3]
Side: zero feet.
(8)
Density.
(a)
R-1 District. Residential density of development of a site will be determined by site area per dwelling unit and maximum number of dwelling units adjusted where necessary for other on-site principal uses as calculated below:
[1]
Site area per dwelling unit (SA/DU), minimum: 660 square feet per dwelling unit.
[2]
Dwelling units, maximum: site area divided by 660.
[3]
Where principal uses in addition to residential are proposed for the subject building (such as retail or office), the percentage of total permitted floor area occupied by the nonresidential use shall be applied against the maximum number of dwelling units and the residential units shall be reduced thereby, except as specified below. Any fraction shall be equivalent to a whole dwelling unit. On Washington Street, First Street and Fourteenth Street, nonresidential principal uses located on the ground floor and basement (as permitted elsewhere in this chapter) shall not be deducted from the maximum permitted number of residential units.
(b)
R-CP District: maximum: lot area divided by 2,000, rounded to the nearest whole number calculated to the thousandth place.
G.
Off-street parking shall be as follows:
(1)
R-1 District:
(b)
None permitted on-site for nonresidential use either new or existing. Where such use is located within 800 feet of a public parking facility, the parking requirement shall be satisfied through participation in the Park & Shop Program (or its successor or equivalent program) or other contractual arrangement with the parking operator. See Article XI.
(2)
R-CP District: No off-street parking is permitted or required in the R-CP District, except for accessory garages that presently exist at the time of the adoption of this amendment.
§ 196-15 R-2 District.
[Amended 3-3-1999 by Ord. No. R-371]
A.
Purpose. The purpose of this district is to encourage neighborhood stability through conservation and rehabilitation of residential structures; to facilitate conversion of nonresidential to residential space; and to otherwise reinforce the residential characteristics of this district by restricting uses and structures not compatible with district objectives.
B.
Principal permitted uses shall be as follows:
C.
Accessory uses shall be as follows:
(1)
Private garages, where permitted.
[Amended 3-18-2020 by Ord. No. B-240]
(2)
Home occupations.
(4)
Other uses customarily incidental to principal uses and on the same lot.
(5)
[2]
Editor's Note: This ordinance also repealed former Subsections C(5), Other uses customarily incidental to hospital uses, and C(6), Pedestrian bridge, which immediately preceded this subsection, and redesignated former Subsection C(7) as Subsection C(5).
D.
E.
Area, yard and building requirements for principal and accessory buildings shall be as follows except as applies to hospitals and related uses and public parking garages providing accessory parking for such uses detailed in Subsection E(7) and (8) below:
[Amended 10-7-1998 by Ord. No. R-341]
(1)
Lot area, minimum: 2,000 square feet.
(2)
Lot width, minimum: 20 feet.
(3)
Lot depth, minimum: 100 feet.
(4)
Lot coverage, maximum: For principal buildings: 60%.
[Amended 1-7-1987 by Ord. No. V-91]
(5)
Building height for principal buildings:
[Amended 6-21-1989 by Ord. No. P-58[3]; 2-18-1998 by Ord. No. R-294; 4-21-1999 by Ord. No. R-378; 2-6-2002 by Ord. No. DR-17; 7-17-2002 by Ord. No. DR-44; 6-17-2015 by Ord. No. Z-350]
(a)
A maximum height of 40 feet is allowed above design flood elevation as established pursuant to Chapter 104, Flood Damage Prevention, of the Municipal Code. The number of stories shall not be applied to determine building height, but a minimum floor-to-floor height of 10 feet shall be required of all stories above design flood elevation on new construction, including additions to existing structures.
(b)
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.
(c)
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.
(d)
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 structure 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.
[3]
Editor's Note: This ordinance also repealed former Subsection E(5)(b), dealing with accessory buildings.
(6)
Density: Residential density of development of a site will be determined by site area per dwelling unit and maximum number of dwelling units adjusted where necessary for other on-site principal uses as calculated below:
(a)
Site area per dwelling unit (SA/DU), minimum: 660 square feet per dwelling unit.
(c)
Where principal uses in addition to residential are proposed for the subject building (such as retail or office), the percentage of total permitted floor area occupied by the nonresidential use shall be applied against the maximum number of dwelling units and the residential units shall be reduced thereby, except as specified below. Any fraction shall be equivalent to a whole dwelling unit. On Fourteenth Street nonresidential principal uses located on the ground floor and basement (as permitted elsewhere in this chapter) shall not be deducted from the maximum permitted number of residential units.
[4]
Editor's Note: This ordinance also repealed former Subsection E(6), dealing with minimum yard dimensions and containing portions of Ordinance Nos. V-91; P-58 and R-228.
(6.1)
Yard dimensions, minimum:[6]
[Added 2-6-2002 by Ord. No. DR-17]
(a)
Front: Front yard setback shall be either 0 feet or shall match the setback on the adjoining lots on either side except that no front yard setback shall exceed 10 feet. On a lot with less than 50 feet of frontage between two existing adjacent buildings that both have a front yard setback greater than 0 feet but equal to or less than 10 feet, the new structure shall match the lesser setback of the two adjacent buildings. Where the lot frontage of a new building is 50 feet or more, the front yard setback may match the lesser adjacent setback or be 0 feet. In any instance, if there are no adjacent structures or both are set back more than 10 feet, the new structure shall be set back 0 feet.
[Amended 7-17-2002 by Ord. No. DR-43; 6-17-2015 by Ord. No. Z-350]
Any fencing, landscaping, architectural feature or stoop extending beyond the property line is subject to the requirements set forth in Chapter 168, Streets and Sidewalks. Where a front yard setback exists or is created, fencing, landscaping, architectural features and stoops within the setback shall not be counted as lot coverage. |
(b)
Side: zero or five feet.
(c)
Rear: 30 feet or 30% of lot depth, whichever is less. In no event shall the rear building wall of any extension, enlargement or new construction be permitted at a depth greater than 70 feet from the front lot line; rear yard areas are to be landscaped and accessible to occupants and for maintenance purposes.
[6]
Editor's Note: Former Subsection E(6), inadvertently deleted 4-21-1999 by Ordinance No. R-378.
(7)
[7]Public parking garage: where such facility is located on a lot within 100 feet of the lot on which the hospital is located and offers space to satisfy the hospital's accessory parking requirements (in whole or in part, with or without a fee for the hourly, daily or monthly parking of motor vehicles), the following regulations apply:
(a)
Lot area, minimum: 10,000 square feet.
(b)
Lot width, minimum: 100 feet. Note that where a portion of the garage site extends through the block, so long as the site width is at least 100 feet on one side of the block, the other may be no less than 50 feet wide.
(c)
Lot depth, minimum: 100 feet.
(d)
Lot coverage, maximum: 95%.
(e)
Building height, maximum:
[1]
Parking levels: the portion of the structure containing the parking areas may not exceed 75 feet above sidewalk grade.
[2]
Offices per § 196-15C(5) but not including pharmacies, flower and gift shops: an additional 15 feet in height above the finished roof of the parking structure, so long as the finished secondary roof does not exceed 90 feet above sidewalk grade. For each foot in height above 75 feet, the office walls shall set back one foot from the front property line and from side and rear building walls.
(f)
Yard dimensions, minimum:
[1]
Front: zero feet. Where necessary to provide adequate internal circulation space as well as the required rear yard, the parking floors of the garage structure above the first floor may extend up to eight feet beyond the property line. Such street encroachment is subject to approval by the City Council and must comply with the design requirements of § 168-5.
[2]
Side: zero feet.
[3]
Rear: five feet. Where a portion of the site is comprised of a through lot, that portion of the site need not provide a rear yard.
(g)
Design and other operational requirements: compliance with § 196-38V(1) through (3) and § 196-40 is required, as modified below:
[1]
Retail or office use: only those office and retail uses commonly associated with a hospital as listed in § 196-15C(5) are permitted within the garage structure as indicated below:
[a]
Groundfloor: a minimum of 50% of the linear footage of the groundfloor facade (after subtracting the linear footage for garage doors) must be occupied by retail or office use as listed in § 196-15C(5).
[b]
Rooftop: uses listed in § 196-15C(5) above but not including pharmacies, flower and gift shops, are permitted on the roof of the garage, subject to the bulk placement restrictions of § 196-15E(8)(e)[2]. The maximum gross floor area for such office uses shall not exceed 70% of the gross roof area of the parking structure.
[2]
Fenestration:
[a]
Fenestration shall occur at least every 10 feet along the street facade and must begin no higher than four feet six inches above sidewalk level. A door may be counted in lieu of a window in this calculation.
[b]
Window openings shall be no smaller than two feet by two feet and shall have either glazing or decorative grilles.
[3]
Doors:
[a]
Doors serving groundfloor retail/office areas shall provide access directly from the sidewalk and shall occur at least every 50 feet along the applicable portion of the facade.
[b]
Doors are not required for the garage entrances but, if provided, they shall be either a grille style or a solid door which includes a window at eye level.
[4]
Operation: the garage facility may offer parking spaces to the public at large as well as to the adjacent hospital and its related uses to satisfy the accessory parking requirements of the hospital and its related uses (in whole or in part, with or without a fee) for hourly, daily or monthly parking of motor vehicles.
[7]
Editor's Note: Former Subsection E(7), Hospitals and related uses, was repealed 3-18-2020 by Ord. No. B-240. This ordinance also redesignated former Subsections B(8) and (9) as Subsections B(7) and (8).
F.
Off-street parking and loading shall be as follows:
[Amended 6-21-1989 by Ord. No. P-58; 2-18-1998 by Ord. No. R-294; 3-18-2020 by Ord. No. B-240]
§ 196-16 R-3 District.
A.
Purpose. The purpose of this district is to advance the achievement of a viable residential neighborhood; to encourage conservation and rehabilitation of existing sound residential blocks; to support residential revitalization by a variety of housing types and related uses; and to otherwise reinforce the residential characteristics of this district by regulating uses and structures not compatible with district objectives.
B.
Principal permitted uses shall be as follows:
C.
Accessory uses shall be the same as R-2 Residence District (§ 196-15).
[Amended 5-7-2003 by Ord. No. DR-9]
D.
Conditional uses shall be as follows:
(1)
Bars.
(2)
Clubs and community centers.
(3)
Essential utility or public services.
(4)
Clinics and nursing homes.
[Amended 3-3-1999 by Ord. No. R-371]
(5)
Loft building.
[Amended 2-6-2002 by Ord. No. DR-17]
(6)
Planned unit residential developments.
(7)
Public parking facilities.
(8)
Restaurants.
(10)
Accessory uses customarily incident to principal permitted uses, but not on the same lot.
E.
Area, yard and building requirements for principal and accessory buildings shall be as follows:
(1)
Lot area, minimum: 2,500 square feet.
(2)
Lot width, minimum: 25 feet.
(3)
Lot depth, minimum: 100 feet.
(5)
Building height for principal buildings:
[Amended 1-7-1987 by Ord. No. V-91; 6-21-1989 by Ord. No. P-58; 2-18-1998 by Ord. No. R-294; 4-21-1999 by Ord. No. R-378; 2-6-2002 by Ord. No. DR-17; 6-17-2015 by Ord. No. Z-350]
(a)
A maximum height of 40 feet is allowed above design flood elevation as established pursuant to Chapter 104, Flood Damage Prevention, of the Municipal Code. The number of stories shall not be applied to determine building height, but a minimum floor-to-floor height of 10 feet shall be required of all stories above design flood elevation on new construction, including additions to existing structures.
(b)
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.
(c)
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.
(d)
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 structure 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.
(6)
[2]Density: residential density of development of a site will be determined by site area per dwelling unit and maximum number of dwelling units adjusted where necessary for other on-site principal uses as calculated below:
[Added 4-21-1999 by Ord. No. R-378; amended 2-6-2002 by Ord. No. DR-17]
(a)
Site area per dwelling unit (SA/DU), minimum: 660 square feet per dwelling unit.
(c)
Where principal uses in addition to residential are proposed for the subject building (such as retail or office), the percentage of total permitted floor area occupied by the nonresidential use shall be applied against the maximum number of dwelling units and the residential units shall be reduced thereby, except as specified below. Any fraction shall be equivalent to a whole dwelling unit. On First Street, Newark Street and Observer Highway, nonresidential principal uses located on the ground floor and basement (as permitted elsewhere in this chapter) shall not be deducted from the maximum permitted number of residential units.
[2]
Editor's Note: Former Subsection E(6), which dealt with maximum floor area ratio, was repealed 1-7-1987 by Ord. No. V-91.
(7)
Yard dimension, minimum:
[Amended 1-7-1987 by Ord. No. V-91; 6-21-1989 by Ord. No. P-58; 3-5-1997 by Ord. No. R-228; 2-6-2002 by Ord. No. DR-17]
(a)
Front: Front yard setback shall be either 0 feet or shall match the setback of the adjoining lots on either side except that no front yard setback shall exceed 10 feet. On a lot with less than 50 feet of frontage between two existing adjacent buildings that both have a front yard setback greater than 0 feet but equal to or less than 10 feet, the new structure shall match the lesser setback of the two adjacent buildings. Where the lot frontage of a new building is 50 feet or more, the front yard setback may match the lesser adjacent setback or be 0 feet. In any instance, if there are no adjacent structures or both are set back more than 10 feet, the new structure shall be set back 0 feet.
[Amended 7-17-2002 by Ord. No. DR-43; 6-17-2015 by Ord. No. Z-350]
Any fencing, landscaping, architectural feature or stoop extending beyond the property line is subject to the requirements set forth in Chapter 168, Streets and Sidewalks. Where a front yard setback exists or is created, fencing, landscaping, architectural features and stoops within the setback shall not be counted as lot coverage. |
(b)
Side: zero or five feet.
(c)
Rear: 30 feet or 30% of the lot depth, whichever is less. In no event shall the rear wall of the principal building, whether created by new construction or an extension to an existing building, be permitted at a depth greater than 70 feet from the front lot line. Rear yard areas are to be landscaped and accessible to occupants and for maintenance purposes.