[Added 8-15-2012 by Ord. No. Z-197]
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."
A.
Continuation.
[Amended 6-17-2015 by Ord. No. Z-350; 4-20-2022 by Ord. No. B-453]
(1)
A use, structure or lot lawfully in existence at the effective
date of this chapter that has been made nonconforming as a result
of the passage of this chapter or any applicable amendments hereto
may continue to function as the same nonconforming use, structure
or lot, and may change ownership, provided that all other conditions
of this article are met.
(2)
Structures that are nonconforming as to height in feet or stories that are in existence on the effective date of this chapter or become so as a result of any amendment hereto may be horizontally expanded without variance only in cases where: i) the extension conforms with the height in feet and stories as set forth in the zone requirements; ii) the extension conforms with the yard setbacks and lot coverage requirements for the zone; and iii) the extension complies with elevation requirements as established in Chapter 104, Flood Damage Prevention, of the Municipal Code. In all other cases, where a horizontal expansion will intensify the nonconformity, the application shall be referred to the appropriate board as required based on the variance or variances sought.
(3)
Structures that are nonconforming as to yard setbacks or lot
coverage that are in existence on the effective date of this chapter
or become so as a result of any amendment hereto may undergo bulk
alteration without variance only in cases where the alterations will
bring the structure into conformity with the yard setbacks and lot
coverage requirements for the zone in which the structure is located.
In all other cases, where an alteration is proposed that does not
eliminate the nonconformity entirely, or where an alteration will
intensify the nonconformity in any way, the application shall be referred
to the appropriate board as required based on the variance or variances
sought.
(4)
Lots that do not conform as to width, depth or square feet requirements set forth in this chapter that are lawfully pre-existing lots not created by variance and in existence on the effective date of this chapter or that become so as a result of any amendment hereto may be built upon, and existing structures already thereupon may be altered without variance, provided any structure or alteration conforms with the standards for height, yard setbacks and lot coverage pursuant to Chapter 196, Zoning. In such cases, bulk requirement percentages, where applicable, shall be applied instead of feet.
B.
Maintenance and repairs. Work necessary to maintain or repair a nonconforming
use, structure or lot is permitted, provided that the maintenance
or repair work does not change or intensify the nonconforming use,
expand the nonconforming structure or the functional use of the structure,
increase the area of the lot dedicated to a nonconforming purpose
or increase the density of the structure beyond that which is permitted
in the zone.
[Amended 6-17-2015 by Ord. No. Z-350; 4-20-2022 by Ord. No. B-453]
C.
Residential improvements. Any nonconforming structure containing
a residential use may be altered to improve the interior livability,
health and safety of the occupants, provided that no alterations may
be made which increase the density of the structure beyond that which
is permitted in the zone.
[Amended 6-17-2015 by Ord. No. Z-350; 4-20-2022 by Ord. No. B-453]
D.
Reconstruction. No existing premises devoted to a nonconforming use
or nonconforming structure shall be enlarged, extended, reconstructed,
substituted or structurally altered, except when changed to a conforming
structure or use, or when required to do so by law, except as follows:
[Amended 12-18-2013 by Ord. No. Z-264; 6-17-2015 by Ord. No. Z-350]
(1)
Any nonconforming use or structure partially destroyed by fire,
flood, casualty or act of God may be repaired and used as before,
provided the repairs meet all New Jersey Uniform Construction Code
and Hoboken Flood Damage Prevention Code requirements for reconstruction,
and provided that the floor area of the nonconforming use or structure
shall not exceed the floor area or building volume which existed prior
to the sustained damage. All repairs shall be completed within one
year after damages occur or such use or structure shall not be restored,
except as a conforming use or structure.
(2)
In the event that the structure is more than partially destroyed
or is substantially damaged and the cost of reconstruction shall exceed
50% of the value of the original structure, whether damaged by fire,
flood, act of God or construction activity, that building shall only
be reconstructed as a conforming use or structure. The Board of Adjustment
may authorize variances for rebuilding only after the provisions for
flood hazard prevention have been met.
[Amended 4-20-2022 by Ord. No. B-453]
E.
Termination. A nonconforming use shall be considered terminated subject
to the following:
(1)
Abandonment. A nonconforming use shall be considered abandoned
and may not be revived if:
(a)
The use is terminated by the owner;
(b)
The owner fails to maintain the structure, or structure and
land in combination, to a standard of habitability consistent with
the nonconforming use; or
(c)
The property otherwise meets the criteria to be deemed abandoned
subject to N.J.S.A. 55:19-78 et seq.
(2)
Conversion to permitted use or structure. Any nonconforming
use or structure that has been changed to a permitted use or structure
shall not be revived as a nonconforming use or structure, except by
variance.
[Amended 6-17-2015 by Ord. No. Z-350]
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).
