In the interpretation and the application of the provisions
of this chapter, they shall be held to be the minimum requirements
for the promotion of health, safety, comfort and general welfare.
It is not intended to interfere with or abrogate or annul other rules,
regulations or ordinances, provided that, where this chapter imposes
greater restrictions upon the use of buildings or premises, or upon
the height or bulk of a building or structure, or requires higher
performance standards, the provisions of this chapter shall apply.
This chapter is not intended to repeal, abrogate or annul any
building permit, certificate of occupancy, variance or other lawful
permit issued and in full force and effect on the effective date of
this chapter or any subsequent amendment.
Except as otherwise provided in this chapter:
A. No building or structure or part thereof, and no lot or land or part
thereof, shall hereafter be used except in conformity with the regulations
of this chapter.
B. No building or structure or part thereof shall hereafter be erected,
structurally altered, enlarged or rebuilt except in conformity with
the regulations of this chapter.
C. No building shall be erected and no existing building shall be moved,
altered, added to or enlarged, nor shall any land or building be designed,
used or intended to be used, for any purpose or in any manner other
than as specified among the uses hereinafter listed as permitted in
the zone in which such building or land is located.
D. No building shall be erected, reconstructed or structurally altered
to exceed in height the limit hereinafter designated for the zone
in which such building is located.
E. No building shall be erected, no existing buildings shall be altered,
enlarged or rebuilt, nor shall any open space surrounding any building
be encroached upon or reduced in any manner, except in conformity
with the yard, lot area and building location requirements.
F. No yard or other open space provided about any building for the purpose
of complying with the provisions of this chapter shall be considered
as providing a yard or open space for any other buildings, and no
yard or other open space on one lot shall be considered as providing
a yard or open space for a building on any other lot.
G. No off-street parking facility or loading berth provided to meet
the minimum off-street parking or loading requirements for one use
or structure shall be considered as providing off-street parking or
loading for a use or structure on any other lot.
H. No land in a residential zone shall be used to fulfill open space,
parking or similar requirements for uses in nonresidential zones.
No driveway access shall be allowed through a residential zone to
service a use in a nonresidential zone.
I. All construction shall be landward of the mean high tide established and updated from time to time by the appropriate governmental agency with jurisdiction over same, and no new construction or substantial improvement of existing structures shall be permitted on piers or platforms projecting into or over the Hudson River or Weehawken Cove. However, new construction or substantial improvement of functionally dependent uses, open space and outdoor passive and active recreational uses is permitted seaward of the mean high tide and on piers or platforms, provided that such new construction or substantial improvement creates no additional threats to public safety and complies with the applicable requirements of Chapter
104 of the Municipal Code of the City of Hoboken.
[Added 12-18-2013 by Ord. No. Z-264]
(1) A "functionally dependent use" is that which cannot perform its intended
purpose unless it is located or carried out in close proximity to
water. The term includes only docking facilities, port facilities
that are necessary for the loading and unloading of cargo or passengers,
and ship building and ship repair facilities, but does not include
long-term storage or related manufacturing facilities.
(2) For purposes of this provision, "substantial improvement" shall mean
any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the "start of construction" of the improvement.
This term includes structures which have incurred "substantial damage,"
regardless of the actual repair work performed. The term does not,
however, include either:
(a)
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code specifications
which have been identified by the local code enforcement officer and
which are the minimum necessary to assure safe living conditions;
or
(b)
Any alteration of an "historic structure," provided that the
alteration will not preclude the structure's continued designation
as an "historic structure."
Any deviation from a provision of this chapter which is identified
as a design standard shall require a waiver by the reviewing board
from the specific design standard. Any other deviation from the provisions
of this chapter shall be by way of variance pursuant to the Municipal
Land Use Law. N.J.S.A. 40:55D-70, unless specified otherwise in this
chapter.
The provisions of this chapter shall be reviewed from time to
time for consistency and applicability and may be amended in accordance
with the laws of the State of New Jersey and the City of Hoboken.
Any area officially declared and delineated as a redevelopment
or rehabilitation area by duly adopted ordinances, where standards
and designations contained in a redevelopment plan or rehabilitation
plan are duly adopted by ordinance, such legally adopted plans shall
take precedence over any standards contained in this chapter.
This chapter shall be read in pari materia with the Land Use Procedures Ordinance, Chapter
44 of the Code of the City of Hoboken.
All ordinances and all provisions thereof inconsistent with
the provisions of this chapter be and the same are hereby repealed,
except that any building permit, variance, special exception permit,
occupancy permit or other permit validly issued pursuant to any such
ordinance shall remain valid and effective and shall continue to be
governed by the terms and conditions of such ordinance.
If any section, subsection, sentence, clause, or phrase of this
chapter or the location of any district boundary shown on the Zoning
Map(s) that forms a part hereof is for any reason held by a court
of competent jurisdiction to be invalid, such a decision shall not
affect the validity of the remaining portions of this chapter or Zoning
Map(s).