City of Hoboken, NJ
Hudson County
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Table of Contents
Table of Contents
[Amended 6-21-1989 by Ord. No. P-58; 4-18-2001 by Ord. No. R-478; 6-20-2001 by Ord. No. R-484; 7-12-2001 by Ord. No. DR4; 10-17-2001 by Ord. No. DR-15; 11-14-2005 by Ord. No. DR-209]
A. 
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-1(E) Subdistrict. The purpose of the educational subdistrict is to acknowledge the interaction between Stevens Institute and the remainder of the R-1 District while at the same time modifying the specific conditions of this zoning district within the subdistrict boundaries shown on the Zoning Map in recognition of the unique requirements of an institution of higher learning, which may be inconsistent with standards prevailing elsewhere in the district. The design of buildings and uses in the R-1(E) Subdistrict, particularly in portions of the buildings and uses in the R-1(E) Subdistrict, particularly in portions of the subdistrict adjacent to the R-1 District, shall be integrated with the prevailing character of adjacent districts, streets, buildings and uses. The higher education subdistrict appears on the Zoning Map superimposed on the R-1 District, and its regulations supplement those of the district on which it is superimposed.
(3) 
R-1(CS) Subdistrict. The purpose of the Court Street subdistrict is to preserve the architecture and scale of accessory structures fronting on Court Street, to encourage residential use, to control height and density in relation to limited utility service and fire fighting accessibility, to limit automobile through traffic, to encourage pedestrian use and to otherwise reinforce the scale and quality of this district.
(4) 
R-1(H)(CPT) Subdistrict. The purpose of the Castle Point Historic Subdistrict is to reinforce and safeguard the heritage of this area which has been one of the most prestigious neighborhoods in Hoboken. This subdistrict which is also designated the "Castle Point Historic District" is distinguished by being the only neighborhood in the City typified by large, freestanding one- and two-family homes. Through architectural and bulk controls, the height and density will be limited to maintain the historic character.
B. 
Principal permitted uses shall be as follows.
(1) 
R-1 District:
(a) 
Residential buildings.
(b) 
Retail businesses and services in accordance with § 196-33 of this chapter.
(2) 
R-1(E) Subdistrict:
(a) 
Colleges, universities or other institutions of higher learning, including buildings owned or leased for administration and faculty offices, classrooms, laboratories, chapels, auditoriums, and lecture halls with less than 100 seats, libraries, student and faculty centers, dining halls, campus stores, athletic facilities and dormitories, fraternities, sororities and their houses but excluding uses listed in § 196-14D(2).
(b) 
Residential buildings for faculty and staff.
(3) 
R-1(CS) Subdistrict as in R-1 District.
(4) 
R-1(H)(CPT) Subdistrict: Detached single-family and two-family residential buildings.
C. 
Accessory uses shall be as follows:
(1) 
R-1 District:
(a) 
Accessory garages.
(b) 
Home occupations.
(c) 
Signs. See § 196-31.
(d) 
Other uses customarily incident to principal permitted uses and on the same lot.
(e) 
Wireless telecommunications antennas subject to §§ 196-26 and 196-35.
[Added 5-7-2003 by Ord. No. DR-91]
(2) 
R-1(E) Subdistrict accessory uses customarily incident to principal uses within the subdistrict and wireless telecommunications antennas subject to §§ 196-26 and 196-35.
[Amended 5-7-2003 by Ord. No. DR-91]
(3) 
R-1(CS) Subdistrict accessory uses customarily incident to principal uses within the subdistrict and wireless telecommunications antennas subject to §§ 196-26 and 196-35.
[Amended 5-7-2003 by Ord. No. DR-91]
(4) 
R-1(H)(CPT) Subdistrict:
(a) 
Home occupations.
(b) 
Other uses customarily incidental to principal permitted uses and on the same lot.
D. 
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.
[Amended 3-3-1999 by Ord. No. R-371]
(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)[1]
[1]
Editor's Note: Former Subsection D(1)(o), Sidewalk cafes, was repealed 11-13-2012 by Ord. No. Z-220.
(p) 
Accessory uses customarily incident to a principal permitted use but not on the same lot.
(2) 
R-1(E) Subdistrict:
[Amended 4-2-1997 by Ord. No. R-233]
(a) 
Auditorium and lecture halls with 100 or more seats.
(b) 
Hospitals or health clinics.
(c) 
Physical plant, facilities maintenance and other similar buildings.
(d) 
Scientific or research laboratories and offices of corporations, institutions and other agencies engaged in the following: research, development, design, management consulting services or experimentation.
(e) 
Parking facilities whether owned exclusively by Stevens Institute or owned and operated jointly with the City or other governmental entities; such facilities may be accessory, public or a combination of both. Facilities for more than 50 vehicles will be subject to §§ 196-26 and 196-38R.
[Added 4-2-1997 by Ord. No. R-233]
(3) 
R-1 (CS) Subdistrict:
(a) 
Accessory apartments.
(b) 
Other uses as in the R-1 District.
(4) 
R-1(H)(CPT) Subdistrict: None.
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.
[Amended 2-18-1998 by Ord. No. R-294; 4-21-1999 by Ord. No. R-378; 2-6-2002 by Ord. No. DR-17]
(a) 
R-1 District: Principal buildings.
[Amended 7-17-2002 by Ord. No. DR-44[2]; 6-17-2015 by Ord. No. Z-350]
[1] 
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.
[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.
[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.
(7) 
Yard dimension, minimum:
[Amended 4-21-1999 by Ord. No. R-378; 2-6-2002 by Ord. No. DR-17]
(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.
[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.
[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 or five feet.
(b) 
R-1(E) Subdistrict:
[1] 
Front: prevailing setback where applicable; otherwise, a minimum of 10 feet.
[2] 
Rear: 10 feet.
[3] 
Side: zero or five feet.
(c) 
R-2(CS) Subdistrict: See lot coverage.[3]
[3]
Editor's Note: See Subsection E(4) of this section.
(d) 
R-1(H)(CPT) Subdistrict:
[1] 
Front: minimum of 10 feet.
[2] 
Rear: minimum of 30 feet. But in no event shall the rear wall be farther than 75 feet from the front lot line.
[3] 
Side: minimum of five feet on one side; zero or minimum of five feet on other side.
(8) 
Density.
[Added 2-6-2002 by Ord. No. DR-17; amended 7-17-2002 by Ord. No. DR-44[4]]
(a) 
R-1 District and R-1(CS) 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-1(H)(CPT) Subdistrict: only one or two-family homes permitted.
[4]
Editor's Note: Ordinance No. DR-44 is retroactive to February 6, 2002, the date of adoption of Ordinance No. DR-17.
(9) 
Other regulations in the R-1(E) Subdistrict:
[Amended 2-6-2002 by Ord. No. DR-17]
(a) 
Distance between buildings, minimum: 25 feet, plus one foot for each foot of height that the taller building exceeds 25 feet.
(b) 
Building length, maximum: 200 feet. Vertical demarcations shall be required no less than every 50 linear feet of building facade; these may be achieved by a change of color or material, by a stack of bay windows or balconies, or by a vertical "line" created by a variation in the surface of the facade (minimum variation of eight inches). Additional vertical demarcations shall require no less than every 100 linear feet of building facade, which shall be achieved by a variation in the facade not less than four feet in depth.
(c) 
Open space ratio, minimum: 50%. On properties with an area of greater than one acre, open space shall be dispersed throughout the property to provide relief to all areas of the entire property and nearby areas.
(d) 
Buffer, minimum: a minimum twenty-foot-wide planted and screened area shall be provided adjacent to any property line of a residential district or use.
(10) 
(Reserved)
[Added 4-21-1999 by Ord. No. R-378; repealed 6-20-2001 by Ord. No. R-484; 7-12-2001 by Ord. No. DR4]
F. 
Off-street parking shall be as follows:
[Amended 2-18-1998 by Ord. No. R-294]
(1) 
R-1 District:
[Amended 12-2-1998 by Ord. No. R-357; 2-6-2002 by Ord. No. DR-17; 7-17-2002 by Ord. No. DR-44[5]]
(a) 
None permitted or required for residential use either new or existing. See Article XI.
(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.
[5]
Editor's Note: Ordinance No. DR-44 is retroactive to February 6, 2002, the date of adoption of Ordinance No. DR-17.
(2) 
R-1(E) Subdistrict:
(a) 
For all dormitories or sorority or fraternity houses, at least one off-street parking space for each two beds. For all other residential uses, at least one parking space per dwelling unit.
(b) 
For theaters, auditoriums and other similar places of assembly, at least one off-street parking space for every five seats.
(c) 
For all other structures in the subdistrict, exclusive of garages, one off-street parking space for every 1,000 square feet of floor area.
(d) 
The requirements of this subsection may be complied with by group parking facilities provided within the subdistrict or on space owned or leased for such purpose in other nonresidential districts. Required parking spaces shall be provided for each individual building or use and may not be credited to more than one building or use. Required parking spaces for each building or use shall be provided before issuance of a certificate of occupancy.
(e) 
In the case of a combination of uses in one building, the off-street parking requirement shall consist of the sum of the sum of the spaces required for each individual use.
(3) 
R-1(CS) Subdistrict.
(a) 
For principal buildings, as in the R-1 District.
(b) 
For accessory apartments, one off-street parking space in on-site garage below.
(4) 
R-1(H)(CPT) Subdistrict: none permitted.
G. 
Building facades in the R-1(E) Subdistrict.
(1) 
R-1(E) Subdistrict.
(a) 
Purpose. The purpose of this subsection is to encourage development of buildings located adjacent to residential zones to be sympathetic to and compatible with the adjacent neighborhood.
(b) 
Application.
[1] 
This subsection shall apply to the facade of any building in the R-1(E) Subdistrict that is located within 100 feet of a residential district.
[2] 
Terminology. The word "facade" as used in this section refers to the building wall facing the street. In most instances, this will be the only front wall. In the case of a corner building, the regulations apply to both building walls facing the street.
(c) 
Materials.
[1] 
To be used over at least 75% of the building facade:
[a] 
Standard brick masonry.
[b] 
Stone (e.g., brownstone, limestone, sandstone).
[2] 
To be limited to less than 25% of the building facade:
[a] 
Wood.
[b] 
Synthetic stucco systems or exterior insulation and finish systems.
[c] 
Cement stucco.
(d) 
Articulation. Variation in the surface is to be achieved with a combination of some or all of the following features: bay windows, balconies, stoops and vertical and/or horizontal demarcations as outlined below:
[1] 
Vertical articulation: vertical demarcations shall be required no less than every 50 linear feet of street facade; these may be achieved by a change of color or material, by a stack of bay windows or balconies, or by a vertical "line" created by a variation in the surface of the facade (minimum variation of eight inches). Additional vertical demarcations shall require no less than every 100 linear feet of street facade, which shall be achieved by a variation in the facade not less than four feet in depth.
[2] 
Horizontal articulation: horizontal demarcations shall be required for any building taller than four stories; these may be achieved by such elements as a cornice line, a course of brick or stone which projects or is differently colored or differently laid, or a floor (such as the ground floor) which has a different material from that of the main facade.
(e) 
Fenestration.
[1] 
All windows shall be inset in the masonry opening a minimum of three inches and shall be operable (i.e., ribbon windows and extensive glazing such as curtain wall construction shall not be permitted).
[2] 
The pattern or rhythm of fenestration shall be similar to that of the residential buildings on the balance of the same or opposite blockface to the greatest extent possible.
[3] 
Glazing shall represent at least 45% of the total facade area.
[4] 
Garage openings and service areas shall not be permitted along any facade as defined in Subsection 196-14 G(2).
(2) 
R-1(H)(CPT) Subdistrict. Both new construction and alterations will be subject to the review of the Historic Preservation Commission pursuant to the Secretary of the Interior's Standards for Historic Preservation Projects.
H. 
Sound and lighting standards in the R-1(E) Subdistrict:
(1) 
The use of loudspeakers or other public address systems shall be prohibited between 10:00 p.m. and 10:00 a.m.
(2) 
Sports lighting for lighted athletic fields may only be used during scheduled games of intercollegiate athletic teams or intramural activities. Any sports lighting shall be set back at least 100 feet from a property line adjacent to a residential district. Lighted athletic fields shall not be illuminated between 10:00 p.m. and 10:00 a.m. Necessary security lighting for such fields may be provided by light fixtures mounted at a height of not more than 20 feet above ground.
[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:
(1) 
Residential buildings.
(2) 
Hospitals and related clinics.
(3) 
Place of worship, associated residences, meeting places and schools.
(4) 
Public buildings and uses, such as schools, libraries, parks and playgrounds.
(5) 
Retail businesses and services in accordance with § 196-33 of this chapter.
(6) 
Public parking garages which provide accessory parking for hospitals. See special bulk regulations in § 196-15E(8) below.
C. 
Accessory uses shall be as follows:
(1) 
Garages.
(2) 
Home occupations.
(3) 
Signs. See § 196-31.
(4) 
Other uses customarily incidental to principal uses and on the same lot.
(5) 
Other uses customarily incidental to hospital uses (such as related clinics, health treatment and administrative uses; offices and labs for private doctors and/or health maintenance organizations, pharmacies, flower and gift shops) located on a lot within 100 feet of the lot on which the principal use is located.
(6) 
Pedestrian bridge. See § 196-15E(9) and § 168-5 for building and design requirements.
(7) 
Wireless telecommunications antennas subject to §§ 196-26 and 196-35.
[Amended 5-7-2003 by Ord. No. DR-91]
D. 
Conditional uses shall be as follows:
(1) 
Educational uses not mentioned above.
(2) 
Essential utility or public services.
(3) 
Funeral homes.
(4) 
Clinics and nursing homes.
(5) 
Loft buildings.
(6) 
Nonprofit club or recreation use.
(7) 
Nursery school.
(8) 
Office buildings.
(9) 
Professional or business offices, other than home occupations, when located above street level with the exception of those accessory uses listed in § 196-15C(5) above.
(10) 
Public parking facilities.
(11) 
Restaurants.
(12) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(12), Sidewalk cafes, added 5-19-1982 by Ord. No. C-212, was repealed 11-13-2012 by Ord. No. Z-220.
(13) 
Accessory uses customarily incidental to principal permitted use, but not on the same lot with the exception of those accessory uses listed in § 196-15C(5) above.
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[2]; 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.
[2]
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:
[Amended 4-21-1999 by Ord. No. R-378[3]; 2-6-2002 by Ord. No. DR-17]
(a) 
Site area per dwelling unit (SA/DU), minimum: 660 square feet per dwelling unit.
(b) 
Dwelling units, maximum: site area divided by 660.
[Amended 7-17-2002 by Ord. No. DR-44[4]]
[4]
Editor's Note: Ordinance No. DR-44 is retroactive to February 6, 2002, the date of adoption of Ordinance No. DR-17.
(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.
[3]
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:[5]
[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.
[5]
Editor's Note: Former Subsection E(6), inadvertently deleted 4-21-1999 by Ordinance No. R-378.
(7) 
Hospitals and related uses: where a hospital owns 100% of the block on which it is situated, coverage, height and yard requirements shall be as follows:
(a) 
Lot coverage: 100% of the site may be covered by structures up to a height of 10 feet; above 10 feet, lot coverage shall be permitted and regulated pursuant to applicable building and fire codes as such codes relate to distances between buildings or portions of buildings.
(b) 
Building height: the maximum permitted building height shall be equivalent to the highest roof elevation of any building or structure (i.e., not including parapets, spires or other roof appurtenances) existing on the same side of the street between the next nearest two cross streets, which building or structure was fully completed at the time of the adoption of the subsection.
(c) 
Yards: no yards will be required.
(8) 
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.
(9) 
Pedestrian bridge: a pedestrian bridge may be constructed across the intervening street in order to join the hospital and the parking garage. Such street encroachment is subject to approval by the City Council and must comply with the design requirements of § 168-5.
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]
(1) 
None required for first five dwelling units. At least one off-street parking space for each dwelling unit after the first five, except as modified by Article XI.
(2) 
Parking required for a hospital and its related uses located on the same block will be based on the number of hospital beds. All other related uses located on adjacent lots within 100 feet of the lot on which the hospital is located will be calculated at one space per 800 gross square feet of floor area.
(3) 
For all other uses, see Article XI.
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:
(1) 
Residential buildings.
(2) 
Places of worship and associated residences, meeting places and schools.
(3) 
Public buildings and uses, such as schools, recreation centers, places of assembly, parks and playgrounds.
(4) 
Retail businesses and services in accordance with § 196-33 of this chapter.
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.
(9) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(9), Sidewalk cafes, added 5-19-1982 by Ord. No. C-212, was repealed 11-13-2012 by Ord. No. Z-220.
(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.
(4) 
Lot coverage, maximum:
[Amended 1-7-1987 by Ord. No. V-91]
(a) 
For principal buildings: 60%.
(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.
(b) 
Dwelling units, maximum: site area divided by 660.
[Amended 7-17-2002 by Ord. No. DR-44[3]]
[3]
Editor's Note: Ordinance No. DR-44 is retroactive to February 6, 2002, the date of adoption of Ordinance No. DR-17.
(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.
F. 
Minimum off-street parking shall be the same as R-2 Residence District (§ 196-15).