Hoboken City Zoning Code
ARTICLE VIII
Supplemental Lot, Height and Yard Regulations
§ 196-21 Purpose and application.
Regulations in this article supplement those in Article III and other sections of this chapter and are to be applied in conjunction with such other regulations.
§ 196-22 Lot regulations.
A.
Minimum lot requirements. The area or dimension of any lot, parking area or other space shall not be reduced to less than the minimum required by this chapter for the district in which the lot is located; if an area or dimension is already less than a required minimum, such area or dimensions shall not be further reduced.
B.
Lot frontage. The minimum lot frontage for any lot shall be measured along the minimum building setback line required for the district in which the lot is located.
C.
Principal buildings per lot. No more than one principal building shall be permitted per lot, except for planned developments.
[Amended 6-21-1989 by Ord. No. P-58; 3-3-1999 by Ord. No. R-371]
§ 196-23 Height regulations.
A.
General application and permitted exceptions. No building or structure shall be higher than the height permitted in the district where such building is located. Such limitations shall not apply to roof appurtenances such as flagpoles, radio or television antennas other than satellite dishes, wireless telecommunications antennas, chimneys, elevator or stair bulkheads, mechanical penthouses, parapets or railings up to five feet in height above the roof slab, water tanks or cooling towers or any similar structures, provided that:
[Amended 6-21-1989 by Ord. No. P-58; 5-7-2003 by Ord. No. DR-91]
(1)
In PUD's and redevelopment areas (where regulations in the Plan are more restrictive, the Plan will control) and in the R and CBD districts, such roof appurtenances in their aggregate coverage may occupy no more than 10% of the roof area of the building and may not exceed a height of 15 feet above the roof on which they are located; and
(2)
In I-1 and I-2 districts, such roof appurtenances in their aggregate coverage may occupy no more than 50% of the roof area of the building and may not exceed a height of 15 feet above the roof on which they are located.
B.
Measurement and specific application.
(1)
Building height. Building height shall be measured from the average grade computed by averaging the grade obtained at the four corners of a principal structure or the four most extreme points on the north, south, east and west sides of a principal structure, or at four points 90° apart for a circular structure.
(2)
[Repealed 2-18-1998 by Ord. No. R-294]
C.
Heights limits along Hudson River. In order to maintain a clear view from Elysian Park to the Hudson River, no structure shall be constructed or enlarged to exceed 18 feet in height in the area to the east of Elysian Park between the center line of 10th Street extended and a parallel line extending easterly from the northernmost point of Elysian Park. In order to maintain the view from Stevens Park to the Hudson River, no structure shall be permitted to the east of Stevens Park between the center line of Fourth Street extended and a parallel line extending easterly from the center line of Fifth Street.
[Amended 6-21-1989 by Ord. No. P-58]
§ 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.
[Amended 6-21-1989 by Ord. No. P-58]
(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.
[Amended 9-16-1998 by Ord. No. R-332]
(1)
Architectural features may project into required yards as follows:
(a)
Open fire escapes (where permitted by BOCA or other relevant building codes or ordinances): four feet six inches into required side or rear yard.
(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.
§ 196-25 Accessory buildings and use.
When an accessory structure is attached to a principal building, it shall comply in all respects with the requirements of this chapter, applicable to principal buildings.
A.
Detached accessory building.
(1)
No accessory building shall be located closer to the street than the street wall of the principal building.
(2)
No accessory building shall be located closer to a principal building than a distance equal to the height of the accessory building or the minimum requirements of applicable fire, health and safety regulations of the Building and/or Housing Codes and any state regulations.
(3)
No accessory building shall be located closer to the side and rear lot lines than a distance equivalent to the height of the accessory building or 1/2 the distance required for a principal building, whichever is greater.
B.
Unenclosed accessory uses. Accessory uses in residential districts not enclosed in a building, including swimming pools and tennis courts, shall be erected only on the same lot as the principal building and may not be constructed in the front or side yards of such lot. Such uses must not be located closer than 10 feet from the rear lot line and shall not adversely affect the character of any residential neighborhood by reason of noise, glare or safety hazards. When more than three feet in depth or 15 feet in length, whether above-ground, or in-ground, pools shall be enclosed by a fence with a minimum height of six feet.
[Amended 6-21-1989 by Ord. No. P-58]
§ 196-25.1 Temporary uses.
[Added 6-21-1989 by Ord. No. P-58; amended 6-17-2020 by Ord. No. B-272]
A. MERCANTILE POP-UP QUASI-PUBLIC TEMPORARY USE
Definitions. As used in this section, the following terms shall have the meanings indicated:
Of or related to the business of buying and selling products.
A marketplace or business that is temporary in nature, used to sell merchandise or promote products, usually set up in an empty or under-utilized space.
Essentially public space although under private ownership and spaces with a public easement.
A use that is not intended to be permanent but is transient or periodic in nature. A construction trailer or other nonpermanent structure directly related to an active construction shall also be considered a temporary use.
B.
Qualified temporary and periodic uses and locations.
(1)
Uses.
(a)
Pop-up mercantile markets; farmers' markets; art shows and markets.
(b)
Outdoor dining facilities.
(c)
Christmas tree markets.
(d)
Other retail businesses and services permitted in the zone.
(e)
Recreational activities permitted in the zone.
(f)
Tents erected on private property for five days or less intended for a specific event such as graduation or a fund-raising event. Such a tent is further subject to approval by the City's Construction Code Official.
(g)
Construction trailers or sheds.
(2)
Locations.
(a)
Surface parking lots or portions thereof that are not otherwise encumbered by the principal business to which it is accessory.
(b)
Quasi-public plazas, parks or walkways.
(c)
Private open space on Stevens campus.
(d)
Culs-de-sac if also approved by the Director of Transportation and Parking (see also guidelines governing open streets).
C.
Conditions of approval.
(1)
No temporary use shall commence without prior approval by the Zoning Officer in accordance with the provisions stated herein.
(2)
The applicant for a temporary use shall be a Hoboken-based business or institution. In the case of a mercantile market, at least 1/2 of the total number of vendors shall be Hoboken-based.
(3)
A temporary use to be conducted on private property, such as a private parking lot or on any other property generally open to the public on a consistent or semi-consistent basis, shall first obtain written consent from the owner or owners of the subject property. The required form of written consent shall be available on the City website and from the Zoning Office.
(4)
No temporary use shall be located within 10 feet of an active driveway, fire hydrant or fire lane. Handicap access including sidewalks, ramps or other means of ingress and/or egress to a building or public way shall be maintained and remain clear of obstruction.
(5)
Shade coverings such as umbrellas or pop-up canopies may be used in association with a temporary use provided the following: the shade covering is anchored securely against wind; the shade structure does not cause an unsafe condition; and all coverings are removed or dismantled overnight when the temporary use is not in operation.
(6)
The following signage promoting the temporary use shall be permitted at points of ingress/egress to the site of the temporary use as follows:
(a)
A-frame or similar temporary, movable signs are permitted but shall not exceed 24 inches by 36 inches in size;
(b)
Nonpromotional signs shall be posted at points of ingress stating social distancing, mask wearing and other safety measures in effect as of the time of the temporary use as required under public health guidance;
(c)
Signs shall not block any sidewalk or pedestrian way;
(d)
Signs shall be removed or dismantled overnight or when the temporary use in not in operation; and
(7)
Temporary use may operate between 8:00 a.m. and 9:00 p.m. daily in residential (R) zones, and between the hours of 8:00 a.m. and 10:00 p.m. in nonresidential zones or as limited as of the time of the temporary use as required under public health guidance.
(8)
Failure to comply with the guidelines stated herein shall be subject to a municipal fine of up to $500 per occurrence and revocation of approval for the temporary use.
D.
Application; approval; fees.
(1)
An application for temporary use shall be made to the Zoning Officer on a form so provided by the Zoning Office and made available on the City's website.
(2)
The application shall include, at minimum:
(a)
Designation of the responsible party by name, address, a twenty-four-hour phone number and email.
(b)
A detailed description of the proposed temporary use and the location where the temporary use is to be operated;
(c)
The days of the week that the proposed temporary use and hours the temporary use would operate;
(d)
A diagram or narrative describing the location of fire hydrants, fire lanes, loading zones, handicap parking spaces and means of egress related to and in close proximity to the area to be used for the proposed temporary use; and
(e)
Proof of liability insurance for the property where the use will be conducted. In cases where the temporary use is to be conducted on public or quasi-public property, the liability insurance shall carry a minimum amount of $1,000,000 per occurrence and $2,000,000 in aggregate, naming the City of Hoboken and its agents, servants, and employees as additional insured. The policy shall be occurrence-based coverage. The policy shall remain in full force and effect during the period of time when the temporary use is to be operated.
(3)
Upon receipt of an application for temporary use, the Zoning Officer shall consult with the Hoboken Police Department to identify any potential public safety and traffic concerns that need to be addressed prior to approval. The application will be notified within 10 business days if the applications for temporary use is approval, denied or if additional information is required to cure a deficiency or address safety or traffic concerns.
(4)
The application shall be accompanied by an application fee of $100.
(5)
For quasi-public locations, additional rental fees imposed by the landowner may apply and are not within the municipalities control.
E.
The City of Hoboken, by order of the Chief of Police or the Office of Emergency Management, may require a temporary use to be the removal or restrict the set-up of a temporary use for reasons of public safety.