Any architects/land-use lawyers deal with something like this..?

It seems that in an R-2 zone (multi-family attached) there is zero set back except where a pre-existing window exists....

But in the H zone (historic) there is a zero set back, with no exemption.....

HELP PLEASE!

Thanks for the response. That shaftway is understandable...

I just need to find the actual specifics in the zoning, to see what is and isn't grandfathered...

Depending on if, way back when, these windows were put in legally (with permits) or illegally may determine quite a bit....

Anyone else (including icechute) any more ideas?

Although you may be legally allowed to cover his window, I think it may be most polite (and nice for you as well), to build a shaft way in the space where his window now exists. This will give you both some light in that area.

Shak, I sent you a PM.

Haha....we all want to CONFORM to zoning and building codes....... Can't we all just get along?!?!??!

thanks for the info icechute. That sounds like and expensive undertaking but depending on what you add it could be worth it.

kapsasis..thanks for not being too harsh as this was my first threadjack. In the same boat as you and trying to figure out what is allowable.

Icechute for fear of having kapsasis slash my tires and throw rocks at my window is there someplace other than jclist I could reach you?

You guys are confusing zoning code with building code. You need to comply with BOTH.

You would need a "variance" not an ordinance.

30 ft setback is exactly as you describe it.

Other than pre-existing conditions, anything new must conform to present-day ordinances....

Thus, with a shallow lot, which would be a non-conforming but existing condition, you would need to apply for a variance if you wish to add closer than 30 ft to your rear setback.......

Now back to MY TOPIC!!!!!!! (Thread Hijacker!!!!!!! haha)

1. Are you in the R-2 District? I'd have to see the building.

2. For an existing shallow lot, you would go for a zoning variance. In cases like a shallow lot, they will usually grant the variance within reason but it means making an application, hiring an attorney, architect and going before the board. A 3-4 month long dog and pony show.

"30 ft rear setback" means the back of the building must be at least 30ft from your back lotline?

And if you want to build something that would violate the 30ft rear setback requirement you would need an ordinance?

Anyone have any idea about how lots that are relatively shallow would be handled? Asking cause a 20 X 50 ft. lot would make for a really really shallow house and I am sure there are more than a few shallow lots in JC. Do they use a percentage of the property as a setback requirement in that case?

Icechute..I just came across this... which seems to contradict each other...Please clarify!


? 345-41. R-2 Multi-Family Attached Housing (four stories or less) District.

1. Minimum Lot Size: Two thousand five hundred (2,500) square feet; except on Block 234 where the minimum lot size shall be the existing lot size at the time of adoption of this ordinance.
2. Minimum Lot Width: Twenty-five (25) feet; except on Block 234 where the minimum lot width shall be the existing lot width at the time of adoption of this ordinance.
3. Minimum Lot Depth: One hundred (100) feet; except on Block 234 where the minimum lot depth shall be the existing lot depth at the time of adoption of this ordinance.
4. Front Yard Setback: Predominant setback shall apply.
5. Maximum Side Yard: Zero (0); except three feet required if adjacent lot with windows along the side wall, starting from one foot before the frontmost existing window.
6. Minimum Rear Yard: Thirty (30) feet.



I also found the following...:

? 345-58. H Historic District.

1. Minimum Lot Size: One thousand eight hundred (1,800) square feet.
2. Minimum Lot Width: Eighteen (18) feet.
3. Minimum Lot Depth: One hundred (100) feet.
4. Minimum Front Yard Setback: Must meet adjacent setback on either side.
5. Maximum Front Yard Setback: Ten (10) feet.
6. Minimum Rear Yard Setback: Thirty (30) feet.
7. Side Yard Setbacks: None.

Thanks again...

I came across the JC Zoning Ordinance online, but cannot seem to pinpoint the particular ordinance....

What should I be searching for?

Thank you for this priceless advice/knowledge!

Jersey City Zoning Ordinance.
International Building Code; New Jersey Addition.

I'm an architect.

Thanks a lot icechute!

Is there an ordinance or something that you can direct me to?

Where did you gather this information?

Thanks!

Mitch

The correct answer is:

Attached buildings (rowhouses or their additions) are NOT allowed to have any windows, doors, vents, etc. on the lotline dividing properties and the lotline wall in-fact needs to be an approved 2-hour fire rated design. If an owner want this, they must setback from the lotline 5 feet. No one wants to obviously because you end up with a very narrow building, although I have seen it done. If your neighbors window is on the lotline, which is what it sounds like, it is illegal and as such you are permitted to build your wall right over it.

Unless the house belongs to a friend of Healy, and then you're screwed.

So instead of closing up their windows and having them mad at me...........

Blackmail them to give me money to NOT put an addition on......I'll be the neighbor of the century!

BRILLIANT!!!! :)

Have you considered asking the neighbors how much the LACK of an addition may be worth to them? There are different ways to make a property an investment.

There's lots of existing things around here that you couldn't do today. If your purchase depends on the addition, you should put in your contract that you will hire a local architect to consult on the feasibility of the addition, similar to an engineers report. Make closing contingent on approval. The seller may not go for this however.

If you do go through with it, you better tell your contractor that the slightest violation will be reported by the pissed off neighbor!

It isn't a case of who extends their property first has exclusive rights to a side window.
Any half bright normal person would realize that one day they will lose that window if the neighbor extended also.

See if skylights might be a solution for both of you.

Add the addition without fear or favor and get the right permits - City hall can't stop you because a precedent has been set and all you want is parity.

One solution would be for you and your neighbor to share the window. It would be like a communal window in the common wall. Do you think they would agree to that? An added advantage would be that you would not have to use the phone if you wanted to talk to him. Just open the window and yell into his house. The only problem would be if one of you wanted to put an air conditioner in the window but there is a solution for that too. You would alternate weekly. One week you get the cool side in your house and the next week you turn it around the other way and get the hot exhaust. See, you can both have a window and not have to hate each other. It's an elegant solution if I do say so myself. Hope this helps.

The only thing I know of is a 30 ft. rear set back (12.5 x 100 ft deep lot) I do not believe there would be a lot coverage issue as the next door neighbor put on the same type of addition.

The main issue for clarification is the windows.

I guess there are ways around it if necessary, but I want to do with my entire lot what I'm entitled to, not based on what a next door neighbor put on the side of their house, thus cutting into my lot's property usage....

Thanks for the responses! :)

Quote:
They might hate you even without the addition.

How much you can build depends on the depth of your lot and the coverage of the existing structure. There are very specific rules about this and the zoning dept is the right place to get them answered. If you're building already covers too much of the lot, the only way you can build your addition is by getting a variance.

Also, if your addition can be seen from the street, you'll need a certificate of no effect from Historic Preservation.

If you think you're neighbor's going to hate you for the addition, you'll probably have to go by the book.

I know they'd probably hate me, but if allowable, how much can they really HATE me?

Regardless, it only makes sense because if they put an addition up, and decided to add windows to the side, should that prohibit me from putting on an addition within 3-4ft of those?

It just makes sense that side windows shouldn't be protected....

Thanks for the replies...Anyone else?

Your best bet is to check with the building dept.
Off the face of it, I don't see why you wouldn't be able to?

Good Luck

get ready for your neighbor to hate you.

I am contemplating purchasing a row house in Hamilton Park area, and putting an addition on the rear of the house.

It is a row house, and the adjacent house has windows on the side of it. If I extended, I would essentially be covering up the neighbor's side windows.

My question.....

Are side windows of row houses protected in this situation, or do I have the right to build being that they are attached rowhouses?

Anyone out there familiar with a situation like this?

Thank you,

Mitch.