City of Hoboken, NJ
Hudson County
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Table of Contents
Table of Contents
[Amended 5-19-1982 by Ord. No. C-212; 6-21-1989 by Ord. No. P-58; 4-21-1999 by Ord. No. R-378; 5-7-2003 by Ord. No. DR-91; 8-15-2012 by Ord. No. Z-196; 11-13-2012 by Ord. No. Z-2208-15-2018 by Ord. No. B-59; 12-19-2018 by Ord. No. B-91; 3-6-2019 by Ord. No. B-107; 5-1-2019 by Ord. No. B-133; 6-19-2019 by Ord. No. B-150]
A. 
Districts. Commercial zones in the City of Hoboken are separated into three distinct districts. The defined boundaries of these districts are depicted on the adopted Commercial District Map attached hereto and made a part hereof.[1] The districts are be identified as follows:
(1) 
C-1: Hoboken Terminal District. The C-1 District is concentrated around the transit hub, including blocks 210, 210.01, 211, 211.01, 212.01, 222, 223, 224, 225, 226, 230, and 231.01.
(2) 
C-2: Central Business District. The C-2 District encompasses:
(a) 
Both sides of Washington Street from First Street to Seventh Street, including the east frontage of blocks 200, 201, 202, 203, 204 and 205, and full blocks 212, 213, 214, 215, 216 and 217;
(b) 
Block 198, Lots 12, 13.01 and 14.01; and
(c) 
Block 199.
(3) 
C-3: Neighborhood Business District. The C-3 District shall include:
(a) 
The west side of Washington Street from Seventh Street to Fourteenth Street;
(b) 
Both sides of First Street from Bloomfield Street west to Harrison Street;
(c) 
Block 200, Lots 1, 2 and 35;
(d) 
Block 187, Lots 13.01 and 13.02;
(e) 
Both sides of Fourteenth Street from Hudson Street west to Clinton Street, excluding designated redevelopment and rehabilitation areas as of the date of the enactment of this amendment; and
(f) 
The east side of Jackson Street from Third Street to Seventh Street.
[1]
Editor's Note: Said map is on file in the City offices.
B. 
Purpose and applicability.
(1) 
Purpose. The purpose of the commercial districts is to support a variety of commercial uses ranging from high-intensity office, retail and entertainment uses to low-intensity neighborhood services. This section expands the areas where commercial uses are permitted with the intent to develop new economic opportunity and diversity, stabilize commercial rents, create jobs, and improve local access to services.
(a) 
The purpose of the C-1 Hoboken Terminal District is to promote economic job growth and a healthy business environment closest to New Jersey's second busiest transit hub. The high density of businesses, entertainment, jobs, and recreational and social opportunities within the compact terminal district serve to increase transit ridership and decrease automobile dependency and automobile-related congestion and pollution; all core principles of transit-oriented development. The C-1 District is the City's gateway for residents and visitors entering Hoboken by mass transit;
(b) 
The purpose of the C-2 Central Business District is to promote and maintain Hoboken's thriving Main Street and core downtown shopping district. This includes the expansion of the previously designated Central Business District, adopting new uses not previously recognized, and providing specific guidance to efficiently facilitate the approval process for new businesses; and
(c) 
The purpose of the C-3 Neighborhood Business District is to provide a range of shopping, goods and convenience services that cater largely to residents in the surrounding neighborhood. Businesses in this new district will be smaller in scale and of a lower intensity than those permitted in the C-1 and C-2 Districts.
(2) 
Applicability.
(a) 
This section and the provisions herein shall apply only to properties located with commercial districts as shown on the Commercial District Map attached hereto and made a part hereof.
(b) 
This section is not intended to contradict, abrogate or annul other rules, regulations or ordinances governing land use within the City of Hoboken.
(c) 
This section shall not apply to, be construed to limit in any way, or supersede the requirements established for other City of Hoboken zones, districts or overlays.
(d) 
The provisions of this section in relation to any applicable overlay, such as the Historic District Overlay, shall apply and be interpreted to be cumulative and not superseding in application.
(e) 
Pursuant to N.J.S.A. 40:55D-68, any nonconforming use or structure existing at the time of the passage of an ordinance may be continued upon the lot or in the structure so occupied, and any such structure may be restored or repaired, and the use continued as before, in the event of partial destruction thereof.
C. 
Historic preservation. Any alteration, renovation, or maintenance work to be performed affecting the exterior appearance or the structural integrity of any building located within a locally designated historic district as identified in Chapter 42, Historic Preservation, § 42-18, of the Code of the City of Hoboken or any national, state or locally designated landmark or site shall be subject to Hoboken Historic Preservation Commission review and approval pursuant to Chapter 42, Article V, Standards for Review, prior to such work commencing.
D. 
Bulk regulations.
(1) 
C-1 Hoboken Terminal District bulk standards:
(a) 
Lot area, minimum: as existing; 5,000 square feet ("sf") for new subdivision.
(b) 
Lot width, minimum: as existing; 50 feet for new subdivision.
(c) 
Lot depth, minimum: as existing; 100 feet for new subdivision.
(d) 
Building height, maximum: 60 feet and/or five stories; ten-foot step-back above prevailing height of adjacent buildings and which maintains existing roof/cornice line.
(e) 
Lot coverage, maximum: 80% ground floor; 60% upper floors.
(f) 
Front yard setback: zero feet or prevailing where applicable. On a lot with less than 50 feet of frontage between two existing buildings that both have a front yard setback greater than zero feet but equal to or less than 10 feet, a new structure shall match the lesser setback of the two adjacent buildings. Where the lot frontage is 50 feet or more, or where there are no adjacent buildings, or where the adjacent buildings are set back from the adjoining side lot lines, a new structure may match the lesser adjacent setback or be zero feet. No new structure shall be set back more than 10 feet from the front lot line.
(g) 
Side yard setback: as existing; zero feet or five feet for new construction.
(h) 
Rear yard setback, minimum: as existing; 20% for new construction or expansion of the existing structure.
(i) 
Density factor, maximum: in accordance with use conditions set forth herein.
(2) 
C-2 Central Business District bulk standards:
(a) 
Lot area, minimum: as existing; 2,000 square feet for new subdivision.
(b) 
Lot width, minimum: as existing; 20 feet for new subdivision.
(c) 
Lot depth, minimum: as existing; 100 feet for new subdivision.
(d) 
Building height, maximum: principal building: five stories, not to exceed 52 feet above average grade. Court Street: 30 feet, not to exceed one dwelling over grade-level parking or permitted use. For principal buildings, minimum floor-to-floor height of 10 feet for residential floors and 12 feet for commercial floors.
(e) 
Lot coverage, maximum: principal building: 60%; except for through lots on the east side of Washington Street that front on both Washington and Court Streets, then 60% on the principal building on Washington Street and 20% on the Court-Street-fronting building.
(f) 
Front yard setback: zero feet or matching the setback of adjoining principal structures on either side.
(g) 
Side yard setback: zero feet.
(h) 
Rear yard setback, minimum: 40%; except for through lots as noted in Subsection D(2)(e) above.
(i) 
Density factor, maximum: lot area divided by 330, rounded to the nearest whole number calculated to the thousandth place. Court Street: add one unit of density for the additional dwelling unit.
(3) 
C-3 Neighborhood Business District bulk standards:
(a) 
Lot area, minimum: as existing; 2,000 square feet for new subdivision.
(b) 
Lot width, minimum: as existing; 20 feet for new subdivision.
(c) 
Lot depth, minimum: as existing; 100 feet for new subdivision.
(d) 
Building height, maximum: four residential floors over one grade level commercial floor, not to exceed 52 feet above average grade. For residential-only buildings: 40 feet above average grade or DFE, whichever is higher. Minimum floor-to-floor height of 10 feet for residential floors and 12 feet for commercial floors.
(e) 
Lot coverage, maximum: 60%.
(f) 
Front yard setback: zero feet.
(g) 
Side yard setback: zero feet.
(h) 
Rear yard setback, minimum: 40%.
(i) 
Density factor, maximum: lot area divided by 500, rounded to the nearest whole number calculated to the thousandth place plus commercial unit(s).
E. 
Uses. The Use Table below sets forth the uses that are either permitted (denoted as P), or conditional (denoted as C) in each respective commercial district. Permitted uses may be approved at the discretion of the Zoning Officer, provided he or she is satisfied that the "General Guidelines and Standards for Specific Uses" identified in Subsections F and G herein, will be met. Conditional uses, because of inherent characteristics and potential impact on the surrounding area, shall be subject to a public hearing before the Planning Board. Conditional uses must, at minimum, satisfy the "General Guidelines and Standards for Specific Uses" identified herein and shall comply with any additional conditions of approval imposed by the Planning Board, at its discretion, to protect the health, safety and general welfare of residents, visitors, the surrounding area and the City of Hoboken. Any use excluded from a commercial district or not listed in the Use Table shall not be permitted except by obtaining a use variance as approved by the Board of Adjustment.
Use Table
C-1
C-2
C-3
Buildings*:
Residential Buildings
C
P
Commercial Buildings
P
C
Hotels
C
Mixed-Use Buildings
C
P
P
Civic Buildings, Government Offices, Parks & Public Facilities
P
P
P
Retail Businesses & Services*:
Animal, Boarding and Day Care
C
C
C
Animal, Grooming
P
P
C
Animal, Veterinary Services
P
P
C
Banks
P
P
C
Bakeries
P
P
P
Beer, Wine and Liquor Stores (Type 44 ABC License)
P
P
P
Book Stores and Libraries
P
P
P
Business Service Centers; i.e., tech services, printing, copy services
P
P
P
Catering; Commercial Kitchen
P
C
C
Childcare Facilities
P
P
P
Child Recreation Facilities and Services
P
P
C
Clothing Stores
P
P
P
Confectionery Stores
P
P
P
Cosmetic and Beauty Supply Stores
P
P
P
Educational Tutoring and Exam Prep
P
P
P
Florists
P
P
P
Food Stores: Convenience
P
P
P
Food Stores: Supermarkets
C
C
C
Footwear and Leather Goods Repair
P
P
P
Furniture and Upholstery Repair
C
C
C
Galleries and Art Dealers
P
P
P
Gift, Novelty and Souvenir Stores
P
P
P
Hair Salons and Barber Shops
P
P
P
Hobby, Toy and Game Stores
P
P
P
Home Furnishings
P
P
P
Jewelry Stores
P
P
P
Laundry and Dry Cleaning (drop-off only)
P
P
P
Meat, Fish and Seafood Markets
P
P
P
Music Stores; prerecorded, instruments and supplies
P
P
P
Nail Salons
P
P
P
Office Supply and Stationary Stores
P
P
P
Opticians and Vision Services
P
P
P
Other General Merchandise Stores
P
P
P
Paint and Hardware Stores
P
P
P
Pet Supply Stores (no live animals)
P
P
P
Pharmacies and Drug Stores
P
P
P
Photographic Studios
P
P
P
Places of Worship
C
C
C
Postal Services
P
P
P
Prepared and Specialty Food Stores
P
P
P
Private Schools
C
C
C
Spas
P
P
P
Shoe Stores
P
P
P
Smoke Shops
C
C
Sporting Goods Stores
P
P
P
Tailoring and Alteration Shops
P
P
P
Commercial Recreation*:
Arcades, Game and Internet Cafes
C
C
Bar: Class I
C
C
Bar: Class II
P
C
C
Billiards/Pool Halls
C
Bowling Centers
C
Event Spaces
C
Health Clubs; low-impact gyms, yoga studios, rehab facilities
P
P
P
Indoor Fitness Facilities; high-impact courts (i.e., tennis, basketball), pools, climbing gyms, alternative gyms (i.e., cross-fit, boxing), batting cages, mini-golf, golf simulators, and similar
C
C
Meeting and Convention Facilities
C
Movie and Performing Arts Theaters
C
C
C
Private/Membership Clubs
C
Restaurant: Class I
P
C
Restaurant: Class II
P
C
C
Restaurant: Class III
P
P
C
Restaurant: Class IV
P
P
P
Professional Facilities*:
Artist Studio and Work spaces
P
P
C
Clinics, Laboratories and Diagnostic Imaging Centers
P
P
C
Medical and Dental Offices
P
P
P
General Business and Professional Offices
P
P
P
Shared Office Facilities
P
P
P
Vocational and Trade Schools, Other Instructional and Training Facilities
C
C
C
Other*:
Accessory uses customarily incident to a principal permitted use and located on the same lot
P
P
C
NOTES:
*
All uses are subject to general guidelines applicable to all uses.
P:
Permitted use.
C:
Conditional use, requiring compliance with design standards and Planning Board or, as applicable, Board of Adjustment approval.
The symbol "—" in the use field indicates a use that is not allowed in that zone without obtaining a use variance from the Board of Adjustment.
F. 
General guidelines applicable to all uses.
(1) 
Unless otherwise restricted, the hours of operation for any commercial use, including retail businesses or services, recreational facilities and offices, shall not exceed 18 hours within any twenty-four-hour period. Any business wishing to operate 24 hours a day shall be subject to conditional use review and approval from the Planning Board or, as applicable, the Board of Adjustment.
(2) 
Permitted commercial uses located in the C-3 District shall not exceed 1,200 square feet of gross floor area. Commercial uses in C-3 that exceed 1,200 square feet shall be considered conditional uses subject to review and approval by the Planning Board or, as applicable, the Board of Adjustment. See Subsection G(17) below.
(3) 
Residential and nonresidential uses in a mixed-use building shall have entrances that are separate and independent of one another. No commercial use may obstruct, in any way, the residential ingress and egress.
(4) 
Commercial uses in a mixed-use building may occupy the basement, first and second floors, provided there is no residential occupancy below the commercial use.
(5) 
Commercial uses may co-locate within a single commercial unit, provided the guidelines and standards for each use, as set forth herein in Subsections F and G, are met by each respective occupant.
(6) 
Exterior lighting for all uses shall be dark-sky compliant. Fixtures must be properly screened to prevent light pollution and excessive intrusion on adjacent properties, including the public right-of-way and properties to the rear of a property. Fixture types must comply with International Dark-Sky Association guidelines available at www.darksky.org or from the Zoning Office.
(7) 
No service lines, make-up air or exhaust vents, air or exhaust fans, ductwork, or any other mechanical appurtenance associated with the commercial use shall be installed on any exterior wall that fronts on a street or that extends into the public right-of-way.
G. 
Standards for specific uses. The following standards for specific uses shall be applied to each respective use, whether permitted or conditional. Standards designated as "shall" or "must" are required to be met, and those designated with "should" or "may" are encouraged or cited as examples but are not mandatory. Recognizing that the areas designated as commercial are already highly developed, it is anticipated that strict compliance with every standard may not always be practical or necessary to meet the purposes of this section. The reviewing land use board (Board) is therefore authorized to approve deviations from the standards set forth herein, but only to the extent that is necessary to accommodate existing site constraints or limitations. No standard shall be waived if, in the Board's judgement, the accommodation might result in an undue or adverse effect on adjacent properties or the surrounding area. The reviewing Board is further authorized to attach reasonable conditions, in addition to the standards set forth herein, to protect the health, safety and general welfare of residents, visitors, the surrounding area and the City of Hoboken.
(1) 
Accessory uses.
(a) 
The secondary or accessory use shall be directly related to, reliant upon and subordinate to the principal use and shall be housed in the same building or on the same lot as the principal use.
(b) 
Where an accessory use is conditional, the applicant must show that the car trips, pedestrian visits and delivery services associated with the proposed accessory use will not increase traffic to and from the location by more than 30%. Where traffic is anticipated to be higher, the accessory use shall be considered as a second commercial use.
(2) 
Animal, Boarding and day care.
(a) 
Where permitted as a use, animal boarding or day care shall only be located on the first floor or basement floor of the building in which it is housed.
(b) 
Sound-attenuation measures shall be taken to prevent sound migration to other parts of the host building, to adjacent structures, and to the public right-of-way. Such measures may include installation of absorptive insulation in walls and ceilings, acoustic panels and/or layers of QuietRock® drywall or similar sound-attenuating wall treatments.
(c) 
Make-up air and/or ventilation equipment shall be installed to ensure consistent air quality and eliminate any potential odors.
(d) 
In facilities with overnight boarding, the facility must have staff on premises 24 hours a day when animals are present.
(e) 
When requested, the applicant shall provide a circulation plan, including anticipated car trips, pedestrian visits, delivery schedules, loading needs and pickup/dropoff accommodations.
(f) 
Exception. Microboarding or day care, where three animals or fewer, including the host's pets, are being cared for in a home setting, may be approved by the Zoning Officer, provided the applicant provides the following documentation:
[1] 
Official documentation of all pets permanently residing at the location, i.e., pet licenses issued by the municipality;
[2] 
Written approval from the property owner, or owner's association in the case of a condominium or cooperative, stating their consent to the proposed home-based business; and
[3] 
Proof of liability insurance.
(3) 
Animal, grooming.
(a) 
Where permitted as a use, animal grooming services shall only be located on the first floor or basement floor of the building in which they are housed.
(b) 
Sound-attenuation measures shall be taken to prevent sound migration to other parts of the host building, to adjacent structures, and to the public right-of-way. Such measures may include installation of absorptive insulation in walls and ceilings, acoustic panels and/or layers of QuietRock® drywall or similar sound-attenuating wall treatments.
(c) 
Animals dropped off for grooming services shall not remain on site for more than four hours.
(d) 
Hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.
(4) 
Animal, veterinary services.
(a) 
Where permitted, veterinary services shall only be located on the first floor or basement floor of the building in which they are housed.
(b) 
Measures for securing medical equipment, pharmaceutical drugs, gases, and other controlled substances must be demonstrated.
(c) 
Measures for dealing with hazardous and animal waste must be demonstrated.
(d) 
Sound-attenuation measures shall be taken to prevent sound migration to other parts of the host building, to adjacent structures, and to the public right-of-way. Such measures may include installation of absorptive insulation in walls and ceilings, acoustic panels and/or layers of QuietRock® drywall or similar sound-attenuating wall treatments.
(e) 
Make-up air and/or ventilation equipment shall be installed to ensure consistent air quality and eliminate any potential odors.
(f) 
When, for medical reasons, animals are held overnight, the facility shall have staff on the premises 24 hours a day during any such overnight stay.
(g) 
When requested, the applicant shall provide a circulation plan, including anticipated car trips, pedestrian visits, delivery schedules, loading needs and pickup/dropoff accommodations.
(5) 
Arcades and gaming facilities.
(a) 
Sounds originating at the establishment shall not be plainly audible beyond the property line. Sound- and vibration-attenuation measures shall be taken to prevent sound and/or vibration from migrating to other parts of the host building, to adjacent structures, and to the public right-of-way. Such measures may include installation of absorptive insulation in walls and ceilings, acoustic panels and/or layers of QuietRock® drywall or similar sound- and vibration-attenuating wall treatments.
(b) 
Audio and visual equipment, including game monitors, music and other sound production devices, televisions, projection screens and lighting of all types, shall be installed in such a manner so as to minimize sound, glare and vibration and shall have controls that are easily accessible and adjustable for staff during hours of operation.
(c) 
An application for this use shall include design plans and a noise mitigation plan by a licensed sound engineer, detailing the measures to be taken, materials to be used, and calculated sound level projections for the venue.
(d) 
Where food and beverage are prepared and served as part of the business's regular operation, air filtration and exhaust systems shall be installed commensurate with the cooking and/or heating equipment installed; the mechanical units for those systems shall be located within the commercial unit and/or on the upper roof of the host building and set back six feet or more from any adjacent structure and 10 feet or more from the front of the building.
(e) 
A refuse storage and disposal plan must be submitted, describing where waste and recycling will be stored on the premises and how they will be removed and by whom.
(f) 
One parking space shall be provided for each four persons of occupancy load after the first 30 persons, rounded to the closest whole number. The requisite number of spaces should be secured from a private or public parking facility not more than five block-lengths away. Spaces may be used by staff and/or offered to patrons through validation.
(6) 
Artist studios and workspaces.
(a) 
Dependent upon an artist's medium and scope of work, sound-attenuation measures may be required to prevent sound migration to other parts of the host building.
(b) 
If an artist's medium and scope of work generate heat, odors, airborne particulate, dust or other such by-products, make-up air and/or ventilation systems must be required to ensure consistent air quality and prevent dissipation of those work by-products to neighboring properties.
(c) 
If an artist's medium and scope of work generate liquid by-products that require disposal, plumbing service, waste line upgrades, or other measures to assure proper disposal of liquid waste as may be required by law, such management measures must be demonstrated and be in place prior to the issuance of a certificate of occupancy.
(d) 
A refuse storage and disposal plan must be submitted, describing where waste and recycling will be stored on the premises and how they will be removed and by whom.
(7) 
Bakeries.
(a) 
Where baking is done on-premises, the commercial kitchen equipment and prep areas shall meet the minimum standards for a restaurant with similar equipment.
(b) 
When air filtration and exhaust systems are required for the baking or cooking equipment, the mechanical units for those systems shall be located within the commercial unit and/or on the upper roof of the host building and set back six feet or more from any adjacent structures and 10 feet or more from the front of the building.
(c) 
Where on-site consumption is included as part of the operation, the conditions for a Class III restaurant must be met.
(d) 
A refuse storage and disposal plan must be submitted, describing where waste and recycling will be stored on the premises and how they will be removed and by whom.
(8) 
Banks.
(a) 
All banking activities shall be housed within the building or an enclosed, secure vestibule; no walk-up sidewalk services shall be permitted.
(b) 
No drive-through banking services are permitted.
(c) 
Where the use is conditional, upon request from the applicable reviewing board, the applicant shall provide a circulation plan, including anticipated car trips and pedestrian visits. Parking requirements shall be determined by the applicable reviewing board in cooperation with the Director of Parking and Transportation.
(9) 
Bars: Class I and Class II.
(a) 
Sounds originating at the establishment shall not be plainly audible beyond the property line. Sound- and vibration-attenuation measures shall be taken to prevent sound and/or vibration from migrating to other parts of the host building, to adjacent structures, and to the public right-of-way. Such measures may include installation of absorptive insulation in walls and ceilings, acoustic panels and/or layers of QuietRock® drywall or similar sound- and vibration-attenuating wall treatments.
(b) 
Audio and visual equipment, including music and other sound production devices, televisions, projection screens and lighting of all types, shall be installed in such a manner so as to minimize sound, glare and vibration and shall have controls that are easily accessible and adjustable for staff during hours of operation.
(c) 
An application for this use shall include design plans and a noise mitigation plan by a licensed sound engineer, detailing the measures to be taken, materials to be used, and calculated sound level projections for the venue.
(d) 
Retractable walls or storefront systems shall only be permitted if expressly approved by the Planning Board or Board of Adjustment, as applicable.
(e) 
Where food is prepared and served as part of the bar's regular operation, air filtration and exhaust systems shall be installed commensurate with the cooking and/or heating equipment installed; the mechanical units for those systems shall be located within the bar unit and/or on the upper roof of the host building and set back six feet or more from any adjacent structure and 10 feet or more from the front of the building.
(f) 
A refuse storage and disposal plan must be submitted, describing where waste and recycling will be stored on the premises and how they will be removed and by whom.
(g) 
One parking space shall be provided for each four persons of occupancy load after the first 30 persons, rounded to the closest whole number. The requisite number of spaces should be secured from a private or public parking facility not more than five block-lengths away. Spaces may be used by staff and/or offered to patrons through validation.
(10) 
Billiards/pool halls.
(a) 
Sound originating at the establishment shall not be plainly audible beyond the property line. Sound- and vibration-attenuation measures shall be taken to prevent sound and/or vibration from migrating to other parts of the host building, to adjacent structures, and to the public right-of-way. Such measures may include installation of absorptive insulation in walls and ceilings, acoustic panels and/or layers of QuietRock® drywall or similar sound- and vibration-attenuating wall treatments.
(b) 
An application for this use shall include design plans and a noise mitigation plan by a licensed sound engineer, detailing the measures to be taken, materials to be used, and calculated sound level projections for the venue.
(c) 
An establishment that serves food and/or alcohol shall comply, at minimum, with the conditions prescribed for a bar or restaurant of similar size and/or occupancy as defined and/or classified herein.
(d) 
A refuse storage and disposal plan must be submitted, describing where waste and recycling will be stored on the premises and how they will be removed and by whom.
(e) 
An establishment with more than 5,000 square feet of gross floor area shall provide one parking space for each additional 1,000 square feet of gross floor area, rounded to the closest whole number; parking spaces should be located in a public or private parking facility not more than five block-lengths away. Spaces may be used by staff and/or offered to patrons through validation.
(11) 
Bowling centers.
(a) 
Any bowling center shall only be located in a nonresidential building.
(b) 
Sounds originating at the establishment shall not be plainly audible beyond the property line. Sound- and vibration-attenuation measures shall be taken to prevent sound and/or vibration from migrating to other parts of the host building, to adjacent structures, and to the public right-of-way. Such measures may include installation of absorptive insulation in walls and ceilings, acoustic panels and/or layers of QuietRock® drywall or similar sound- and vibration-attenuating wall treatments.
(c) 
An application for this use shall include design plans and a noise mitigation plan by a licensed sound engineer, detailing the measures to be taken, materials to be used, and calculated sound level projections for the venue.
(d) 
An establishment that serves food or alcohol shall comply, at a minimum, with the conditions prescribed for a bar or restaurant of similar size and/or occupancy as defined and/or classified herein.
(e) 
A refuse storage and disposal plan must be submitted, describing where waste and recycling will be stored on the premises and how they will be removed and by whom.
(f) 
An establishment with more than 5,000 square feet of gross floor area shall provide one parking space for each additional 1,000 square feet of gross floor area, or two parking spaces per lane, whichever is greater, rounded to the closest whole number; parking spaces should be located in a public or private parking facility not more than five block-lengths away. Spaces may be used by staff and/or offered to patrons through validation.
(12) 
Catering.
(a) 
Catering activities shall not be conducted as a home-based business.
(b) 
Kitchen facilities shall meet the same requirements as restaurants for firesafety, air filtration and exhaust systems commensurate with the cooking and/or heating equipment installed.
(c) 
Where catering services are provided in combination with an event space, the standards for each use must be met collectively.
(d) 
Catering facilities shall be approved and licensed by the Hoboken Health Department.
(e) 
A refuse storage and disposal plan must be submitted, describing where waste and recycling will be stored on the premises and how they will be removed and by whom.
(f) 
When requested, the applicant shall provide a circulation plan, including anticipated vehicle trips, pedestrian visits, delivery schedules and loading needs. Parking and loading requirements shall be determined by the applicable reviewing board in cooperation with the Director of Parking and Transportation.
(13) 
Child-care facilities. A child-care facility in the C-2 or C-3 District that exceed 3,000 square feet of gross floor area shall be treated as a conditional use subject to the following conditions:
(a) 
Sound-attenuation measures shall be taken to prevent sound migration to other parts of the host building, to adjacent structures, and to the public right-of-way. Such measures may include installation of absorptive insulation in walls and ceilings, acoustic panels and/or layers of QuietRock® drywall or similar sound-attenuating wall treatments;
(b) 
A refuse storage and disposal plan must be submitted, describing where waste and recycling will be stored on the premises and how they will be removed and by whom;
(c) 
When requested, the applicant shall provide a circulation plan, including anticipated car trips, pedestrian visits, loading needs and pickup/dropoff accommodations. Parking and/or loading requirements, additional to those required below, shall be determined by the applicable reviewing board in cooperation with the Director of Parking and Transportation; and
(d) 
One parking space shall be provided for each five persons (including children) of occupancy load after the first 20 persons, rounded to the closest whole number. The requisite number of spaces should be secured from a private or public parking facility not more than five block-lengths away. Spaces may be used by staff and/or offered to patrons through validation.
(14) 
Child recreational facilities and services. Any child recreational facility that exceeds 1,200 square feet of gross floor area shall be treated as a conditional use subject to the following conditions:
(a) 
Sound-attenuation measures shall be taken to prevent sound migration to other parts of the host building, to adjacent structures, and to the public right-of-way. Such measures may include installation of absorptive insulation in walls and ceilings, acoustic panels and/or layers of QuietRock® drywall or similar sound-attenuating wall treatments;
(b) 
A refuse storage and disposal plan must be submitted, describing where waste and recycling will be stored on the premises and how they will be removed and by whom;
(c) 
When requested, the applicant shall provide a circulation plan, including anticipated car trips, pedestrian visits, loading needs and pickup/dropoff accommodations. Parking and/or loading requirements, additional to those required below, shall be determined by the applicable reviewing board in cooperation with the Director of Parking and Transportation, and
(d) 
One parking space shall be provided for each five persons (including children) of occupancy load after the first 20 persons, rounded to the closest whole number. The requisite number of spaces should be secured from a private or public parking facility not more than five block-lengths away. Spaces may be used by staff and/or offered to patrons through validation.
(15) 
Clinics, laboratories and diagnostic imaging centers.
(a) 
A list of any controlled substances, chemicals and hazardous materials, so classified by the Environmental Protection Agency (EPA) and/or the Drug Enforcement Administration (DEA) of the United States, to be used on the premises must be submitted along with written handling and storage procedures, where applicable.
(b) 
A waste storage and disposal plan must be submitted, describing where waste, including any medical waste, will be stored on the premises and how the waste will be removed and by whom.
(c) 
If the facility includes equipment or services that may generate noise or vibration, attenuation measures shall be taken to prevent vibration and sound migration to other units adjacent to or above the facility. Such measures may include installation of absorptive insulation in walls and ceilings, acoustic panels and/or layers of QuietRock® drywall or similar sound-attenuating wall treatments.
(d) 
If the facility will be conducting activities that are likely to generate heat, odors, airborne particulate, dust or other such by-products, a make-up air and/or ventilation system shall be required to ensure consistent air quality and prevent dissipation of those work by-products to neighboring properties.
(e) 
Parking may be required, depending upon the intensity of use of the particular clinic, laboratory or diagnostic center. The number of spaces shall be determined by the applicable reviewing board in cooperation with the Director of Parking and Transportation.
(16) 
Commercial buildings.
(a) 
A commercial building shall have no residential occupancy.
(b) 
The building owner may address parking requirements for the entire building as part of its site plan approval at a rate of one space for each 1,000 square feet of leasable floor area. Where no parking is provided by the building owner, each tenant shall be individually responsible for providing parking as required pursuant to this subsection.
(c) 
A refuse storage and disposal plan must be submitted, describing where waste and recycling will be stored on the premises and how they will be removed and by whom.
(17) 
Commercial uses in C-3 District exceeding 1,200 square feet of gross floor area. Where applicable, the subject use shall comply with all other conditions for that use as set forth in this subsection. Where no conditions are mandated for the subject use, but the commercial space exceeds 1,200 square feet of gross floor area, the following minimum standards shall apply:
(a) 
Sound-attenuation measures shall be taken to prevent sound migration to other parts of the host building and adjacent structures. Such measures may include installation of sound absorptive insulation in walls and ceilings, acoustic panels and/or layers of QuietRock® drywall or similar sound-attenuating wall treatments.
(b) 
A refuse storage and disposal plan must be submitted, describing where waste and recycling will be stored on the premises and how it will be removed and by whom.
(c) 
One parking space shall be provided for each 400 square feet of gross floor area above 1,200 square feet, rounded to the closest whole number. The requisite number of spaces should be secured from a private or public parking facility not more than five block-lengths away. Spaces may be used by staff and/or offered to patrons through validation.
(d) 
When requested, the applicant shall provide a circulation plan, including anticipated vehicle trips, pedestrian visits, delivery schedules and loading needs.
(18) 
Confectionery stores.
(a) 
Where candy-making or other sweets are produced on-premises, the commercial kitchen equipment and prep areas shall meet the minimum standards for a restaurant with similar equipment.
(b) 
If air filtration and exhaust systems are required for the kitchen or manufacturing equipment to be utilized, the mechanical units for those systems shall be located within the commercial unit and/or on the upper roof of the host building and set back six feet or more from any adjacent structures and 10 feet or more from the front of the building.
(c) 
A refuse storage and disposal plan must be submitted, describing where waste and recycling will be stored on the premises and how they will be removed and by whom.
(d) 
The above requirements are not applicable if the confections are produced off site and the premises are utilized solely for retail sale and distribution of such confections. In that case, the confectionery store shall meet the requirements of a general retail establishment.
(19) 
Event spaces; meeting and convention facilities.
(a) 
Hours of operation shall be limited to the hours of operation of the underlying permitted use or, if there is no underlying permitted use other than the event space, the hours of operation shall be limited to 8:00 a.m. to 11:00 p.m.
(b) 
An event space where food is prepared, cooked and/or reheated if cooked off-premises shall have air filtration and exhaust systems commensurate with the cooking and/or heating equipment installed; the mechanical units for those systems shall be located within the commercial unit and/or on the upper roof of the host building and set back six feet or more from any adjacent structures and 10 feet or more from the front of the building.
(c) 
Sound-attenuation measures shall be designed and implemented to the satisfaction of the applicable reviewing board. At minimum, sound-attenuation measures shall be taken to prevent vibration and sound migration to other units beside or above the event space. Such measures may include installation of absorptive insulation in walls and ceilings, acoustic panels and/or layers of QuietRock® drywall or similar sound-attenuating wall treatments.
(d) 
Audio and visual equipment, including music and other sound production devices, televisions, projection screens and lighting of all types, shall be installed in such a manner so as to minimize sound, glare and vibration and shall have controls that are easily accessible and adjustable for staff during an event.
(e) 
An application for this use shall include design plans and a noise mitigation plan by a licensed sound engineer, detailing the measures to be taken, materials to be used, and calculated sound level projections for the venue.
(f) 
A refuse storage and disposal plan must be submitted, describing where waste and recycling will be stored on the premises and how it will be removed and by whom.
(g) 
One parking space shall be provided for each four persons of occupancy load after the first 30 persons, rounded to the closest whole number. The requisite number of spaces should be secured from a private or public parking facility not more than five block-lengths away. Spaces may be provided to staff and patrons through validation or by valet service. In the case of an event space or similar facility where parking is not required on a daily basis, the required number of parking spaces may be secured on an event-by-event basis.
(h) 
Exception. An event space that has 500 square feet or less of assembly area and/or an established occupancy of 35 persons or fewer may be approved by the Zoning Officer, at his/her discretion, provided hours of operation and sound-attenuation requirements are met.
(20) 
Food stores: Convenience Stores, Fruit and Vegetable Markets and similar.
(a) 
Convenience stores shall not be open before 5:00 a.m. nor after 11:00 p.m. daily.
(b) 
Stores with more than 2,000 square feet of service area shall follow the approval process required for a supermarket.
(c) 
When requested, the applicant shall provide a circulation plan, including anticipated car trips, pedestrian visits, delivery schedules and loading needs. Parking and loading requirements shall be determined by the applicable reviewing board in cooperation with the Director of Parking and Transportation.
(d) 
Seventy-five percent or more of the customer service area shall be dedicated to the sale of foodstuffs.
(e) 
A refuse storage and disposal plan must be submitted, describing where waste and recycling will be stored on the premises and how they will be removed and by whom.
(f) 
Roof-mounted mechanical equipment required to support refrigeration and/or air conditioning must be set back six feet or more from any adjoining structure and 10 feet or more from the front of the building. Where subject to conditional approval, additional sound attenuation may be required by the applicable reviewing board, based on the specific mechanical equipment required for each location.
(21) 
Food stores: supermarkets.
(a) 
Hours of operation shall be approved by the applicable reviewing board.
(b) 
Roof-mounted mechanical equipment required to support refrigeration, air conditioning, ventilation and other building services must be set back six feet or more from any adjoining structure and 10 feet or more from the front of the building. Mechanical equipment shall also be screened and attenuated for noise vibration.
(c) 
A refuse storage and disposal plan must be submitted, describing where waste and recycling will be stored on the premises and how it will be removed and by whom.
(d) 
The applicant shall provide a circulation plan, including anticipated car trips, pedestrian visits, delivery schedules and loading needs.
(e) 
One parking space shall be provided for each 500 square feet of gross floor area. Parking may be offset by delivery services or rideshare accommodations provided by the store operator. Such offsets shall be evaluated on a case-by-case basis and approved by the applicable reviewing board.
(22) 
Furniture and upholstery repair.
(a) 
Depending upon services provided by the specific business, sound-attenuation measures may be required to prevent vibration and sound migration to other parts of the host building.
(b) 
If the services provided include sawing, gluing, wood refinishing, or other work that generates heat, odors, airborne particulate, dust or other such by-products, a make-up air and/or ventilation system shall be required to ensure consistent air quality and prevent dissipation of those work by-products to neighboring properties.
(c) 
An inventory of all chemical or hazardous materials to be used and/or housed on the premises must be submitted along with written handling and storage procedures, where applicable.
(d) 
A refuse storage and disposal plan must be submitted, describing where waste and recyclables will be stored on the premises and how the waste and other work by-products will be removed and by whom.
(e) 
An establishment with more than 1,200 square feet of gross floor area shall provide one parking space per each additional 400 square feet of gross floor area, rounded to the closest whole number; parking spaces should be located in a public or private parking facility not more than five block-lengths away.
(23) 
Hotels.
(a) 
A hotel shall have no residential occupancy.
(b) 
Retail businesses and services that are open to the public may be permitted at street level when compliant with other applicable state and municipal codes. Each retail business or service shall comply with the standards established herein for that use.
(c) 
Commercial recreational facilities such as restaurant, bars, and event and meeting facilities may be permitted within the hotel building. Each recreational facility shall comply with the standards established herein for that use.
(d) 
A refuse storage and disposal plan must be submitted, describing where waste and recycling will be stored on the premises and how they will be removed and by whom.
(e) 
Parking shall be provided at a rate of 0.5 space per rentable room, plus additional spaces for retail and recreational uses commensurate with each use. Parking may be provided on site or in a public facility not more than five block-lengths away. When parking is located off site, valet service shall be provided.
(24) 
Indoor fitness facilities; courts (e.g., tennis, basketball), pools, climbing gyms, batting cages, mini-golf, golf simulators, and similar. Because of the unusual and diverse characteristics of these uses, the applicable reviewing board shall, on a case-by-case basis, attach such conditions and safeguards to an approval for development as it deems appropriate and necessary to ensure initial and continued conformance with standards set forth herein, to protect the health, safety and general welfare of residents, visitors, the surrounding area and the City of Hoboken. The reviewing board shall consider the following conditions:
(a) 
Sound-attenuation measures shall be taken to prevent vibration and sound migration to other parts of the host building, to adjacent structures, and to the public right-of-way. Such measures may include installation of sound absorptive insulation, acoustic panels and/or layers of QuietRock® drywall or similar sound-attenuating wall treatments;
(b) 
A refuse storage and disposal plan must be submitted, describing where waste and recycling will be stored on the premises and how they will be removed and by whom; and
(c) 
One parking space shall be provided for each 1,000 square feet of gross floor area, rounded to the closest whole number. The requisite number of spaces should be secured from a private or public parking facility not more than five block-lengths away. Spaces may be used by staff and/or offered to patrons through validation.
(25) 
Laundry and dry cleaning.
(a) 
Dry-cleaning service shall be dropoff only; no dry cleaning shall be performed on site.
(b) 
There shall be no use or storage of dry-cleaning chemicals on the premises.
(c) 
Laundromats and dropoff laundry services are permitted, provided they do not exceed 1,200 square feet of gross floor area. Facilities with more than 1,200 square feet of floor area shall be subject to site plan review and shall provide evidence of make-up air, exhaust and ventilation equipment appropriately scaled to the facility.
(26) 
Meat, fish and seafood markets.
(a) 
Make-up air and/or ventilation equipment shall be installed to ensure consistent air quality and eliminate any potential odors.
(b) 
All mechanical equipment for refrigeration, cooling and air handling shall be located within the commercial unit and/or on the upper roof of the host building and set back six feet or more from any adjacent structures. Visual screening and/or a sound-attenuation enclosure may be required.
(c) 
A refuse storage and disposal plan must be submitted, describing where waste and recycling will be stored on the premises and how they will be removed and by whom.
(d) 
When requested, the applicant shall provide a circulation plan, including anticipated car trips, pedestrian visits, delivery schedules and loading needs. Where applicable, parking and loading requirements shall be determined by the applicable reviewing board in cooperation with the Director of Parking and Transportation.
(27) 
Medical and dental offices.
(a) 
A list of any controlled substances, chemicals and hazardous materials, so classified by the Environmental Protection Agency (EPA) and/or the Drug Enforcement Administration (DEA) of the United States, to be used on the premises must be submitted along with written handling and storage procedures, where applicable.
(b) 
A waste storage and disposal plan must be submitted, describing where waste, including any medical waste, will be stored on the premises and demonstrating how the waste shall ultimately be properly disposed of, and by whom.
(c) 
If the facility includes equipment or services that may generate noise or vibration, attenuation measures shall be taken to prevent vibration and sound migration to other units beside or above the facility. Such measures may include installation of absorptive insulation in walls and ceilings, acoustic panels and/or layers of QuietRock® drywall or similar sound-attenuating wall treatments.
(d) 
If the facility will be conducting activities that are likely to generate odors or airborne particulates, a make-up air and/or ventilation system may be required to ensure consistent air quality and prevent dissipation of those work by-products to neighboring units.
(e) 
All mechanical equipment associated with the use shall be located within the commercial unit and/or on the upper roof of the host building and set back six feet or more from any adjacent structures and 10 feet or more from the front of the building. Visual screening and/or a sound-attenuation enclosure may be required.
(28) 
Mixed-use buildings. Parking requirements for the specific commercial uses, as designated herein, shall be provided separately from any parking accommodations required for the residential use under Article XI, § 196-39 et seq.
(29) 
Movie and performing arts theaters.
(a) 
Sounds originating at the establishment shall not be plainly audible beyond the property line. Sound- and vibration-attenuation measures shall be taken to prevent sound and/or vibration from migrating to other parts of the host building, to adjacent structures, and to the public right-of-way. Such measures may include installation of absorptive insulation in walls and ceilings, acoustic panels and/or layers of QuietRock® drywall or similar sound- and vibration-attenuating wall treatments.
(b) 
Audio and visual equipment and other sound production devices and lighting of all types shall be installed in such a manner so as to minimize sound, glare and vibration and shall have controls that are easily accessible and adjustable for staff during hours of operation.
(c) 
An application for this use shall include design plans and a noise mitigation plan by a licensed sound engineer, detailing the measures to be taken, materials to be used, and calculated sound level projections for the venue.
(d) 
Where food and beverage are prepared and served as part of the theater's regular operation, air filtration and exhaust systems shall be installed commensurate with the cooking and/or heating equipment installed; the mechanical units for those systems shall be located within the commercial unit and/or on the upper roof of the host building and set back six feet or more from any adjacent structure and 10 feet or more from the front of the building.
(e) 
A refuse storage and disposal plan must be submitted, describing where waste and recycling will be stored on the premises and how they will be removed and by whom.
(f) 
One parking space shall be provided for each four persons of occupancy load after the first 50 persons, rounded to the closest whole number. The requisite number of spaces should be secured from a private or public parking facility not more than five block-lengths away. Spaces may be used by staff and/or offered to patrons through validation.
(30) 
Music stores: prerecorded, instruments and supplies.
(a) 
Stores selling instruments and/or where music lessons are offered shall install sound- and vibration-attenuating measures to prevent vibration and sound migration to other units beside or above the store. Such measures may include installation of absorptive insulation in walls and ceilings, acoustic panels and/or layers of QuietRock® drywall or similar sound-attenuating wall treatments.
(b) 
Hours when lessons may be offered shall be limited to 8:00 a.m. to 9:00 p.m.
(31) 
Places of worship.
(a) 
Because of the unusual characteristics and broad spectrum of uses a place of worship may be used for, and its potential impacts on the surrounding area, each place of worship shall be considered as an individual case subject to applicable reviewing board review. The Planning Board shall attach such conditions and safeguards to an approval for use as it deems appropriate and necessary to ensure initial and continued conformance with standards set forth herein, and to protect the health, safety and general welfare of residents, visitors, the surrounding area and the City of Hoboken.
(b) 
Where a place of worship includes school or other educational facilities, the place of worship shall also be required to meet the standards for a private school.
(c) 
When a place of worship will be used to host events, such as weddings, parties, fundraising or charitable events, the place of worship shall also be required to meet the standards for an event space.
(d) 
One parking space shall be provided for each four persons of occupancy load after the first 50 persons, rounded to the closest whole number. The requisite number of spaces should be secured from a private or public parking facility not more than five block-lengths away.
(e) 
Exception shall be given, and no board review required, for a place of worship that meets Building Code requirements for a place of assembly and has an occupancy of 50 persons or fewer, provided the place of worship does not include cooking facilities of any kind and is not used for any accessory uses, such as, e.g., child care.
(32) 
Private membership clubs.
(a) 
Private membership clubs shall be open only to members and their guests.
(b) 
Clubs with commercial kitchen facilities shall have air filtration, exhaust and fire suppressions systems commensurate with the cooking equipment installed; the mechanical units for those systems shall be located within the club and/or on the upper roof of the host building and set back six feet or more from any adjacent structures and 10 feet or more from the front of the building.
(c) 
Sound-attenuation measures shall be taken to prevent sound migration to other parts of the host building, to adjacent structures, and to the public right-of-way. Such measures may include installation of absorptive insulation in walls and ceilings, acoustic panels and/or layers of QuietRock® drywall or similar sound-attenuating wall treatments.
(d) 
Clubs wishing to lease their facilities to nonmembers for events shall be required to also meet the requirements of an event space.
(e) 
A refuse storage and disposal plan must be submitted, describing where waste and recycling will be stored on the premises and how they will be removed and by whom.
(f) 
One parking space shall be provided for each four persons of occupancy load after the first 50 persons, rounded to the closest whole number. The requisite number of spaces should be secured from a private or public parking facility not more than five block-lengths away. In the case of a private club where occupancy only exceeds 50 persons during a planned event, parking requirements may be modified by the reviewing board, provided the required number of parking spaces may be secured on an event-by-event basis.
(g) 
A private club that has 500 square feet or less of assembly area and/or that has an established occupancy of 50 persons or fewer shall be exempt from board approval, provided the space is not available to the general public for rent as an event space and the standards for kitchen equipment and sound attenuation, as set forth in Subsection G(32)(b) and (c), above, are met.
(33) 
Private schools.
(a) 
Sound- and vibration-attenuation measures shall be taken to prevent sound and/or vibration from migrating to other parts of the host building, to adjacent structures, and to the public right-of-way. Such measures may include installation of absorptive insulation in walls and ceilings, acoustic panels and/or layers of QuietRock® drywall or similar sound- and vibration-attenuating wall treatments.
(b) 
A refuse storage and disposal plan must be submitted, describing where waste and recycling will be stored on the premises and how they will be removed and by whom.
(c) 
If the school use requires a loading zone or pickup/dropoff area that will necessitate the vacating of any parking spaces or that will impact the traffic circulation along the street or public way, that alteration of the right-of-way must be approved by the Director of Parking and Transportation and the City Council prior to issuance of any permits.
(d) 
One parking space shall be provided for each three staff members, rounded to the closest whole number. The requisite number of spaces, if not located on site, should be secured from a private or public parking facility not more than five block-lengths away.
(34) 
Residential buildings in the C-2 District.
(a) 
The applicant must demonstrate a substantial public benefit for having an all-residential building, without ground-floor commercial use, in the C-2 District.
(b) 
Exception. One residential dwelling unit is permitted in buildings fronting on Court Street over parking or another noncommercial accessory use.
(c) 
A refuse storage and disposal plan must be submitted, describing where waste and recycling will be stored on the premises and how they will be removed and by whom.
(35) 
Restaurants:
(a) 
Class I.
[1] 
Air precipitator, exhaust and fire suppression systems shall be commensurate with the cooking equipment installed. The mechanical units for those systems shall be located within the commercial unit and/or on the upper roof of the host building and set back six feet or more from any adjacent structures and 10 feet or more from the front of the building. Visual screening and/or a sound-attenuation enclosure may be required.
[2] 
Refrigeration and cooling equipment shall be located within the commercial unit and/or on the upper roof of the host building and set back six feet or more from any adjacent structures. Visual screening and/or a sound-attenuation enclosure may be required.
[3] 
No service line, ventilation ductwork, exhaust chimney or other appurtenance associated with the business's operating equipment shall be installed on any exterior wall of the building fronting on a street or extending into the public right-of-way.
[4] 
A refuse storage and disposal plan must be submitted, describing where waste and recycling will be stored on the premises and how it will be removed and by whom.
[5] 
Sound- and vibration-attenuation measures shall be taken to prevent sound and/or vibration from migrating to other parts of the host building, to adjacent structures, and to the public right-of-way. Such measures may include installation of absorptive insulation in walls and ceilings, acoustic panels and/or layers of QuietRock® drywall or similar sound- and vibration-attenuating wall treatments.
[6] 
Audio and visual equipment, including music speakers, televisions, projection screens, and other sound production devices, and lighting of all types, where installed, shall be installed in such a manner so as to prevent sound, glare and vibration from emanating beyond the property line and shall have controls that are easily accessible and adjustable for staff during operation.
[7] 
Retractable walls or storefront systems may only be permitted if expressly approved by the reviewing board and Historic Preservation Commission, if the subject property is located in an historic district.
[8] 
Because of the variable characteristics of this use, the applicable reviewing board may attach such conditions and safeguards as it deems appropriate to mitigate any potential impacts on the surrounding area.
[9] 
Parking space shall be provided for each four persons of occupancy load after the first 50 persons, rounded to the closest whole number. The requisite number of spaces should be secured from a private or public parking facility not more than five block-lengths away. Spaces may be offered to staff and patrons through validation or valet service.
(b) 
Class II.
[1] 
Air precipitator, exhaust and fire suppression systems shall be commensurate with the cooking equipment installed. The mechanical units for those systems shall be located within the commercial unit and/or on the upper roof of the host building and set back six feet or more from any adjacent structures and 10 feet or more from the front of the building. Visual screening and/or a sound-attenuation enclosure may be required.
[2] 
Refrigeration and cooling equipment shall be located within the commercial unit and/or on the upper roof of the host building and set back six feet or more from any adjacent structures. Visual screening and/or a sound-attenuation enclosure may be required.
[3] 
No service line, ventilation ductwork, exhaust chimney or other appurtenance associated with the business's operating equipment shall be installed on any exterior wall of the building fronting on a street or extending into the public right-of-way.
[4] 
A refuse storage and disposal plan must be submitted, describing where waste and recycling will be stored on the premises and how it will be removed and by whom.
[5] 
Sound-attenuation measures shall be taken to prevent sound and vibration migration from within the restaurant to other units beside or above the restaurant and to adjacent structures. Such measures may include installation of absorptive insulation in walls and ceilings, acoustic panels and/or layers of QuietRock® drywall or similar sound-attenuating wall treatments.
[6] 
Audio and visual equipment, including music speakers, televisions, projection screens, and other sound production devices, and lighting of all types, where installed, shall be installed in such a manner so as to prevent sound, glare and vibration from emanating beyond the property line and shall have controls that are easily accessible and adjustable for staff.
[7] 
Retractable walls or storefront systems may only be permitted if expressly approved by the reviewing board and Historic Preservation Commission, if the subject property is located in an historic district.
(c) 
Class III.
[1] 
Where applicable, air precipitator, exhaust and fire suppression systems shall be commensurate with the cooking equipment installed. The mechanical units for those systems shall be located within the commercial unit and/or on the upper roof of the host building and set back six feet or more from any adjacent structures and 10 feet or more from the front of the building. Visual screening and/or a sound-attenuation enclosure may be required.
[2] 
Refrigeration and cooling equipment shall be located within the commercial unit and/or on the upper roof of the host building and set back six feet or more from any adjacent structures. Visual screening and/or a sound-attenuation enclosure may be required.
[3] 
No service line, ventilation ductwork, exhaust chimney or other appurtenance associated with the business's operating equipment shall be installed on any exterior wall of the building fronting on a street or extending into the public right-of-way.
[4] 
A refuse storage and disposal plan must be submitted, describing where waste and recycling will be stored on the premises and how it will be removed and by whom.
(d) 
Class IV.
[1] 
A refuse storage and disposal plan must be submitted, describing where waste and recycling will be stored on the premises and how they will be removed and by whom.
[2] 
An operation identified as a Class IV upon receipt of its certificate of occupancy shall not change to a different classification of restaurant without first obtaining the approvals required for the new classification.
(36) 
Smoke shops.
(a) 
A smoke shop shall be a minimum of 500 feet from any other smoke shop, and no more than one smoke shop shall be permitted on any single block frontage, which includes, for purposes of this regulation, both sides of the street on such a block.
(b) 
Smoke shops shall not be permitted within 500 feet of a primary or secondary school.
(c) 
No displays of smoking paraphernalia, including hookahs, bongs, vaping devices, pens, mods and/or kits shall be placed in storefront windows.
(d) 
Signage, including any window promotions, shall comply and remain compliant with § 196-31.
(37) 
Vocational and trade schools and other instructional and training facilities.
(a) 
Instructional or training facilities, including vocational and trade schools, located in C-1 and C-2 Districts, with a gross floor area of 2,000 square feet or more shall be a conditional use subject to review by the applicable land use board. A facility with less than 2,000 square feet of floor area shall be a permitted use in C-1 and C-2, provided it meets the requirements of Subsection G(37)(b) and (c) below. Schools or facilities located in C-3 shall comply with Subsections F(2) and G(17), above. The reviewing board shall attach such conditions and safeguards to any approval of an instructional or training facility that it deems appropriate and necessary to ensure conformance with the standards and requirements set forth in this chapter and all other applicable regulations.
(b) 
Sound-attenuation measures shall be taken to prevent sound migration to other parts of the host building and adjacent structures. Such measures may include installation of absorptive insulation in walls and ceilings, acoustic panels and/or layers of QuietRock® drywall or similar sound-attenuating wall treatments.
(c) 
If the instruction or training activities are likely to generate odors or airborne particulates, a make-up air and/or ventilation system may be required to ensure consistent air quality and prevent dissipation of those training by-products to neighboring units.
(d) 
A refuse storage and disposal plan must be submitted, describing where waste and recycling will be stored on the premises and how they will be removed and by whom.
(e) 
One parking space shall be provided for each five persons of occupancy after the first 10 persons. Spaces shall be located in a public or private parking facility not more than a five-block length away.
H. 
Parking and transportation requirements.
(1) 
Parking, where specified under Subsection G, Standards for specific uses, shall be provided as required. Where there is no parking mandated, none shall be required.
(2) 
Businesses are encouraged to participate in Hoboken rideshare and bikeshare programs. The applicable reviewing board, at their discretion and in consultation with the City's Director of Parking and Transportation, may allow for all or part of a business's parking requirements to be offset by such participation.
[Amended 6-21-1989 by Ord. No. P-58; 11-17-1989 by Ord. No. P-87; 3-15-1995 by Ord. No. R-116]
A. 
Purpose. The purpose of this district is to promote comprehensive development which includes a mix of commercial office, retail and residential uses at varying densities, with visual and physical access to the Hudson River waterfront and linking other commercial and residential areas of the City to the waterfront.
B. 
The Waterfront District shall include the W(RDV), W(H) and W(N) Subdistricts. Development in the W(RDV) Subdistrict is subject to the special use, bulk and parking regulations of the South Waterfront Redevelopment Plan adopted November 17, 1989, as amended; the W(H) Historic Subdistrict is subject to review procedures of the Historic Commission; and development in the W(N) Waterfront North Subdistrict is subject to height limitations as specified herein.
[Amended 5-7-2003 by Ord. No. DR-91; 4-21-2004 by Ord. No. DR-139]
C. 
Principal permitted uses shall be as follows for W(H) and W(N) Subdistricts:
(1) 
Educational uses.
(2) 
Public recreational uses.
(3) 
Marina facilities, fishing piers and water-oriented light commercial, recreational or passenger uses.
(4) 
Interim land uses pending the completion of a development, limited to temporary uses, such as parking facilities, concessions, commercial passenger excursion operations and special events.
(5) 
Accessory uses customarily incidental to a principal use.
(6) 
Accessory uses customarily incidental to a principal use and wireless telecommunications antennas subject to §§ 196-26 and 196-35.
[Added 5-7-2003 by Ord. No. DR-91]
D. 
Conditional uses.
(1) 
Conditional uses shall be as follows for the W(N) Subdistrict only:
(a) 
Maritime industrial uses, including marine shipping terminals and repair facilities. See § 196-38T.
(2) 
Conditional uses for the W(H) and W(N) Subdistricts shall be as follows:
(a) 
Transportation terminal facilities. See § 196-38U.
E. 
Area, yard and building requirements. For all permitted uses in the W(H) and W(N) Subdistricts and for all conditional uses, the area, yard and building requirements shall be as follows:
(1) 
Minimum lot area: 40,000 square feet.
(2) 
Minimum lot width: 400 feet.
(3) 
Minimum lot depth: 400 feet.
(4) 
Maximum lot coverage:
(a) 
For principal buildings: 30%.
(b) 
For accessory buildings: 10%.
(5) 
Building height, maximum: two stories, but not more than 35 feet.
F. 
Off-street parking and loading shall be as follows: See generally Article XI.
[Added 8-15-2018 by Ord. No. B-59]
A. 
District area.
(1) 
The University District shall include all or portions of, as specified, the following blocks and lots per the Official Tax Maps of the City of Hoboken:
Block 227, Lot 1
Block 228, Lots 1, 10, 11, 12, 14, 15, and 16
Block 234, Lot 1
Block 235, Lot 1
Block 236, Lot 2.03
Block 236, Lot 3.01 partial, where only the eastern 100 feet of the lot shall be included
Block 236, Lot 8, which does not include Lot 9
Block 257, Lot 2 partial, where only the area between Sinatra Drive and Block 257, Lot 3, shall be included
Block 257, Lot 3
To the extent the above block and lot designations are modified over time, the Official Zoning Map of the City of Hoboken shall define the boundaries of the University District.
(2) 
Any areas not addressed here at the time of adoption of the University District will retain the existing zoning.
(3) 
The University District will be divided into four sub-areas, the purposes of each as provided in § 196-20.1E. The defined areas of these sub-areas are depicted on the adopted University District Map and described as follows:
(a) 
The Transition Sub-Area will include that portion of the University District a depth of 200 feet east from the property lines at Hudson Street from the northeast corner of Fifth Street and Hudson Street, up to the southeast corner of Eighth Street and Hudson Street; and a depth of 200 feet south from the property lines at Eighth Street from the southeast corner of Eighth Street and Hudson Street to the southeast corner of Eighth Street and Castle Point Terrace.
(b) 
The Edge Sub-Area will include all of Block 257, Lot 3, and those portions of Block 235, Lot 1, Block 234, Lot 1, and Block 257, Lot 2, in the University District bound to the east by Sinatra Drive; bound to the south by the Fifth Street right-of-way as shown in the Official Tax Maps of the City of Hoboken; bound to the north by a line that continues along the northern building line of the Wesley J. Howe Center from Sinatra Drive to the center line of Howe Circle to the west of the Wesley J. Howe Center; and bound to the west along the center line of the Wittpenn Walk south from the Howe Circle to where it intersects at Sixth Street, and then south along the line that continues along the eastern building line of McLean Hall on the university campus to Fifth Street.
(c) 
The Castle Point Sub-Area will include the portion of Block 235, Lot 1, bound to the west by Block 239, Lots 4-11 and 14; bound to the north by Elysian Park; bound to the east by Sinatra Drive; and bound to the south by a line which begins at the easterly boundary of Block 239, Lot 4, and follows the northerly property boundary of Block 239, Lots 16 and 17. From the northeasterly corner of Block 239, Lot 17, the line continues to the north approximately 35 feet and then perpendicularly continues to the east until Sinatra Drive without infringing on the existing footprint of Castle Point Hall.
(d) 
The Core Sub-Area will include that portion of the University District that is not within the Edge Sub-Area, Castle Point Sub-Area, or Transition Sub-Area as defined in this section.
B. 
Purpose.
(1) 
The purpose of the University District is to support the appropriate development of the university campus in the City while maintaining the character of the campus and protecting the adjacent neighborhoods.
(2) 
A new section of the Hoboken Zoning Code is hereby established specific to the university campus and eliminates all reference to the R-1(E) District previously governing university development in the University District.
(3) 
This section further establishes three sub-areas within the University District for the purpose of applying land use and bulk regulations that recognize conditions specific to each area with respect to planning objectives, development constraints, and opportunities, as well as potential impact considerations.
C. 
Applicability.
(1) 
This section and the provisions herein shall apply only to properties located within the University District as shown on the University District Zone and Sub-Area Map attached hereto and made a part hereof.[1]
[1]
Editor's Note: Said map is included as an attachment to this chapter.
(2) 
This section is not intended to interfere with or abrogate or annul other ordinances governing land use within the City of Hoboken.
(3) 
This section shall not apply to, be construed to limit in any way, or supersede the requirements established for other City of Hoboken zones or districts.
(4) 
Definitions and word usage specified herein for application within the University District shall not be applied to other zones or districts unless otherwise expressly adopted in Article III of the Zoning Code.
(5) 
A use, structure, or lot lawfully existing as of the effective date of this section that has been made nonconforming as a result of passage of this section may be maintained and continue to function as the same nonconforming use, structure, or lot until the use, structure, or lot are substantially altered. The Municipal Land Use Law, at N.J.S.A. 40:55D-68, specifies requirements for obtaining a certification of pre-existing nonconforming uses.
(6) 
All lot dimension, coverage and open space requirements will be calculated based on the extent of the total sub-area rather than on a tax lot basis.
(7) 
For any structure located in more than one sub-area (e.g., a building that spans the Transition and Core Sub-Areas), the zoning requirements of the sub-area which contains the majority of the gross floor area of the structure shall be applicable.
(8) 
Any structure may contain more than one permitted use.
(9) 
There is no limit to the number of uses and structures on any tax lot or sub-area tract within the University District.
D. 
Definitions. For purposes of administering this section and the University District, the following definitions shall apply.
ACADEMIC AND ADMINISTRATIVE OFFICES
Offices occupied by academic professionals of a university and other of its personnel or personnel contracted by the university for overall management and supervisory functions associated with the university.
ATHLETIC FACILITIES
Gymnasiums, weight rooms, pools, fields, sports fields and courts, and any other related facilities associated with recreational activities, physical fitness and/or team sports.
AUDITORIUM
A large room built to enable an audience to watch performances, lectures, ceremonies, or demonstrations on a scale not accommodated by a lecture hall.
AUXILIARY HOUSING
Nonstudent living quarters reserved for staff, administration, faculty, visiting professors, or guests of the university.
AVERAGE ADJACENT GRADE
The average of the elevation of the finished ground level adjoining the four corners of the building.
CAMPUS
The grounds and buildings, or parts thereof, owned and/or leased by the university.
CLASSROOMS and LECTURE HALLS
Rooms or spaces used for educational instruction. Classrooms typically accommodate an occupancy between one and 50. A lecture hall may accommodate an occupancy up to 250.
DORMITORY
Buildings or parts thereof used as group living quarters for students affiliated with the university.
FRATERNITY AND SORORITY HOUSES
A building containing sleeping rooms, bathrooms, common kitchen facilities, and shared living rooms maintained exclusively for fraternity or sorority members and their guests or visitors and affiliated with the university.
HEALTH CARE SERVICES
A facility affiliated with the university principally engaged in providing professional services for health maintenance and the treatment of mental and physical conditions for the university community.
IMPERVIOUS COVERAGE
Any type of human-made surface that does not absorb rainfall, such as rooftops, patios, driveways, and sidewalks. The area of existing porous/permeable pavement and vegetated roofs shall be exempted from impervious coverage calculations. Solar panels are also exempt under N.J.S.A. 40:55D-38.1.
INCUBATOR AND ACCELERATOR FACILITIES
Facilities intended to support business startups and entrepreneurs by providing services such as management training, networking opportunities, and office space.
INFRASTRUCTURE SUPPORT FACILITIES
Noneducational support facilities such as, but not limited to, information and communications facilities, maintenance and workshop facilities, service vehicle storage, physical plant facilities, and campus police.
LABORATORIES and RESEARCH FACILITIES
Facilities that provide controlled conditions for experimentation, research, or teaching. Such facilities are subclassified as follows:
LABORATORY, WET — Laboratories where chemicals, drugs, or other material or biological matter are tested and analyzed requiring water, direct ventilation, and specialized piped utilities located within a building specifically designed to house them. Wet laboratory facilities may, among other things, include areas for housing animals or plants for testing and observation, storage and handling of biological agents, and storage and disposal of hazardous waste.
LABORATORY, DRY — Facilities designed specifically for work with nonreactive materials and equipment with few piped services. The laboratories defined by this space type are analytical laboratories that may require accurate temperature and humidity control, dust control, and clean power, but do not generate hazardous waste.
OFF-CAMPUS
The grounds and buildings, or parts thereof, owned and/or leased by the university outside of the University District.
ON-CAMPUS
The grounds and buildings owned and/or leased by the university within the University District.
PARKING-TO-PERMIT RATIO
A ratio of the number of parking spaces required as compared to the number of parking permits issued.
RETAIL ESTABLISHMENTS
A fixed location, associated with the university, engaged in selling goods or merchandise, and/or providing services, not otherwise defined herein, primarily to students, faculty, staff, visitors and guests of the university and to the general public.
SPECIAL INTEREST HOUSING
Group housing for students of the university, other than fraternities and sororities, that has a common theme or purpose.
STUDENT
Any person who is enrolled at the university, including students that are classified as: resident, nonresident, full-time, part-time, undergraduate, graduate, on-campus or off-campus.
STUDENT HOUSING
An umbrella term referring collectively to all buildings or parts thereof where students reside in university owned or provided housing, including, but not limited to, dormitories, fraternity houses, sorority houses, and special interest housing, including apartments or residences.
STUDENT LIFE FACILITIES
Buildings or parts thereof used to provide services to students affiliated with the university, including, but not limited to, food service and dining facilities, student activity and club facilities, physical fitness and nonathletic recreational facilities, entertainment venues, and other adaptable spaces for student use.
UNIVERSITY
An institution of higher learning authorized by the state to award baccalaureate or higher degrees.
UNIVERSITY PARKING PERMIT
Any instance of permission being granted by the university to park a motor vehicle in the University District or on a street, including permission granted to any full-time or part-time students, faculty, staff, contractors, etc., except in the case where permission is granted for a one-day only pass, where such permission is valid for not more than one day, not to exceed 10 per person in a twelve-month period.
E. 
Sub-areas: purpose.
(1) 
Transition Sub-Area. The purpose of the Transition Sub-Area is to create a buffer between the residential areas of Hudson Street and Castle Point Terrace and those uses typical of a university campus. Development along the edges of the campus should be reduced in scale and respectful of the pattern of development and character of the adjacent historic neighborhoods.
(a) 
The Transition Sub-Area should encourage land uses, building design, and scale that are harmonious and complementary to the surrounding nonuniversity neighborhood.
(b) 
Uses in the Transition Sub-Area should be designed to mitigate potential impacts on adjacent residential areas.
(c) 
The Transition Sub-Area should create an inviting and pedestrian-friendly edge to the campus. Buildings in this area should be oriented to the street and special care should be given to design and maintenance of the streetscape, including, but not limited to, sidewalks, fences, and landscaping that highlight the campus setting within the urban environment.
(2) 
Core Sub-Area. The purpose of the Core Sub-Area is to allow for appropriate development within the internal portions of the campus. The scale of buildings and intensity of uses are less restricted in this sub-area, acknowledging it as the center of campus and the nucleus of student life.
(a) 
Development of new buildings and renovation and adaptation of existing structures within the Core Sub-Area are encouraged, but in a manner that maintains or enhances view corridors to the Hudson River and New York City.
(b) 
The Core Sub-Area focus should be on maintaining the character of the campus while promoting high-quality design in new buildings, gathering areas and open spaces to create a sense of place reflective of the educational mission of the university.
(c) 
Attention should be paid to enhancing of the student experience beyond the classroom; improving the pedestrian experience and accessibility and circulation; and creating spaces for collaboration and assembly.
(3) 
Edge Sub-Area. The purpose of the Edge Sub-Area is to accommodate development of taller structures in a portion of the campus that is furthest removed from residential neighborhoods and to take advantage of the sloping topography to maximize usable space while minimizing the impact of height.
(a) 
Development in the Edge Sub-Area should occur so as to create new view corridors to the Hudson River and New York City and enhance connectivity to the waterfront. New buildings in the Edge Sub-Area should orient architectural appeal both toward the campus and the waterfront.
(b) 
For new developments within the Edge Sub-Area, the university should explore new campus points of entry for delivery vehicles, buses, and shuttles in order to reduce university-related commercial traffic through the neighboring residential areas.
(c) 
Development of the Edge Sub-Area should promote and enhance the pedestrian experience along Sinatra Drive with new sidewalks, points of access, and landscaping.
(4) 
Castle Point Sub-Area. The purpose of the Castle Point Sub-Area is to limit development within the northerly most portion of the campus to maintain the continuity with the surrounding residential areas and Elysian Park.
(a) 
No new principal buildings shall be allowed within the Castle Point Sub-Area.
(b) 
Land uses shall be limited to athletic facilities and accessory uses and structures such as surface parking facilities.
(c) 
Accessory structures shall be limited to a maximum height of 13 feet.
F. 
Bulk regulations.
(1) 
U-Transition Sub-Area bulk standards.
(a) 
Maximum building height: 40 feet but not more than four stories above average adjacent grade.
(b) 
Maximum impervious cover (in aggregate to the sub-area): 70%.
(c) 
Front lot-line setback; applicable when adjacent to a public right-of-way: none or prevailing.
(d) 
Minimum distance between buildings: none for buildings with frontage along Hudson Street; 10 feet for all other buildings.
(2) 
U-Core Sub-Area bulk standards.
(a) 
Maximum building height: 10 stories but not to exceed 120 feet (excluding rooftop mechanical equipment; see design guidelines).
(b) 
Maximum impervious cover (in aggregate to the sub-area): 50%; up to 60% with green infrastructure (see Section G of the design guidelines).
(c) 
Minimum distance between buildings: 10 feet.
(3) 
U-Edge Sub-Area bulk standards.
(a) 
Maximum building height: 160 feet above average adjacent grade, except as indicated:
[1] 
For buildings located on Fifth Street or Sinatra Drive, as specified, building height step-back requirements shall be employed in accordance with supplemental guidelines set forth herein.
[2] 
For one student center/housing structure located approximately at the site presently occupied by the Hayden Hall and the Jacobus Student Center, the maximum building height may be 225 feet, contingent on supplemental guidelines established for the project and set forth herein.
[3] 
Height requirements exclude rooftop mechanical equipment; see supplemental guidelines.
(b) 
Maximum impervious cover (in aggregate to the sub-area): 50%; up to 60% with green infrastructure (see Section G of the design guidelines).
(c) 
Front and side lot-line setback; applicable when adjacent to a public right-of-way:
[1] 
Fifth Street frontage: setback shall match the side building line of McLean Hall (approximately 10 feet from lot line: 15 feet from curbline).
[2] 
Sinatra Drive: 10 feet for stretch of Sinatra Drive from its intersection with Fifth Street for a distance of 200 feet along Sinatra Drive; 20 feet everywhere else.
[3] 
A minimum ten-foot-wide sidewalk shall be provided (inclusive of any sidewalk area located within the public right-of-way).
(d) 
Minimum distance between buildings: 15 feet.
(4) 
U-Castle Point Sub-Area bulk standards.
(a) 
Maximum building height: Principal buildings are prohibited. Accessory uses and structures shall be limited to 13 feet in height.
(b) 
Maximum impervious cover (in aggregate to the sub-area): 90%.
(c) 
Minimum distance between buildings: not applicable.
G. 
Supplemental bulk and design guidelines.
(1) 
Requirements for Edge Sub-Area University Center and Student Housing Project. One development consisting of two student housing towers connected by a university center may be permitted in the Edge Sub-Area, on approximately the site presently occupied by Hayden Hall and the Jacobus Student Center, subject to the following additional design requirements:
(a) 
The overall building height shall not exceed 225 feet, excluding rooftop mechanical equipment and elevator and stair bulkheads. Such height shall be applicable to one of the towers, with the height of the second tower to be at least 20 feet lower than the first tower, excluding rooftop mechanical equipment and elevator and stair bulkheads.
(b) 
The connective base portion of the building shall not exceed 65 feet in height.
(c) 
The base of the build shall be set back a minimum of 50 feet from Sinatra Drive.
(d) 
The two towers of the building shall be separated by a minimum of 60 feet.
(e) 
The building shall not exceed 485,000 gross square feet of floor area.
(f) 
The tower building masses shall be oriented such that facades with shorter lengths are generally oriented to face the Hudson River and Sinatra Drive to the east.
(g) 
The building's east-facing facade shall incorporate vision glass over a minimum of 40% of the overall facade area.
(h) 
The base or podium of the building shall incorporate breaks in the building massing and employ clear glass to provide views toward the Hudson River and the Manhattan skyline.
(i) 
The building shall have its primary pedestrian access from the campus or west side of the building from Wittpenn Walk.
(j) 
Green infrastructure elements shall be incorporated into the design of the building, and a minimum LEED Certified Silver or equivalent level from a similar third party sustainable design rating system shall be achieved.
(2) 
Building height step-back requirements.
(a) 
Where required, upper stories of buildings must be stepped back from lower portions in an effort to minimize building bulk and massing as visualized from the street and open up views to the sky.
(b) 
Building height step-backs are required in the following locations.
[1] 
Buildings located within 50 feet of Fifth Street.
[2] 
Buildings located within 50 feet of the stretch of Sinatra Drive from its intersection with Fifth Street for a distance of 200 feet along Sinatra Drive.
(c) 
Buildings must be stepped back for a minimum depth of 10 feet at the height of the lowest rooftop portion of the nearest adjacent building in an effort to match similar rooflines, or at a height of 55 feet measured from the average grade of the build-to line of the building, whichever is less.
(3) 
Castle Point steep slope buffer area. In order to protect the existing vegetated steep slope area located along the easterly edge of Castle Point, and to avoid potential adverse impacts, including erosion, siltation, and surface water runoff, no new buildings within the University District may be erected within areas with a slope of 40% or greater.
(4) 
Rooftop appurtenances. Appurtenances that are a part of or affixed to the roof of a building, such as elevator and stair bulkheads; mechanical equipment associated with heating, cooling, or ventilation of the host structure; screening; antennas; solar or wind energy production devices; and green-roof installations, shall be excluded from the height calculation of a structure, provided that no appurtenance is taller than 15 feet above the roof surface, and that the aggregate roof cover of bulkheads, mechanical equipment, and antenna installations does not exceed 30% of the total roof area of the roof on which they are located. Solar and wind energy production devices and green-roof installations shall be exempt from roof cover calculations. A roof terrace intended for human occupancy, where permitted, may increase the aggregate roof cover of all appurtenances plus terrace to 50% of the roof area of the roof on which it is located, provided the remaining roof area has an intensive green-roof installation. A parapet wall shall be permitted and not be considered an appurtenance for the purposes of percent of roof coverage calculation.
(5) 
Temporary uses and structures. Temporary uses and/or structures not pertaining to construction-related activities, such as, but not limited to, tents, temporary seating, and temporary parking associated with special events such as orientation, graduation, academic conferences, and similar events, shall be installed no sooner than three weeks before the start of the event and shall be removed no later than three days following the end of the event. Temporary uses and structures shall receive approval by the Zoning Officer and shall not be subject to site plan approval.
(6) 
Interim uses and structures for academic activities.
(a) 
Interim uses and nonpermanent structures related to academic research and development activities, such as, but not limited to, greenhouses, labs, models, and prototypes associated with academic projects, or other similar temporary facilities, shall be permitted for the duration of the project or activity to which the use or structure is associated, up to but not to exceed one year, unless an extension is approved by the Planning Board.
(b) 
Construction trailers related to approved construction activity shall be permitted up to but not to exceed two years, unless an extension is approved by the Planning Board.
(7) 
Green infrastructure bonus standards for impervious coverage.
(a) 
Impervious pavement and buildings disrupt the infiltration of water into the ground, depriving plants and aquifers of moisture. Instead, urban rainfall quickly flows over parking lots, rooftops, streets and sidewalks, picking up pollutants and sediment on the way downhill. This concentrates stormwater both in time and space, making urban areas prone to flooding and downstream watersheds subject to erosion and pollution. (Source: Regional Plan Association, 9 Ways to Make Green Infrastructure Work.)
(b) 
Green infrastructure bonuses are permitted to mitigate impacts of impervious coverage beyond the maximum base amount allowed. For new construction or expansion of existing structures or impervious coverage, the university must implement a minimum of two mitigation strategies of its choosing listed below, to be approved by the Planning Board.
[1] 
Green roof: engineered soil, vegetation, and drainage systems on a flat or pitched roof.
[2] 
Rain gardens. Landscaped depressions infiltrate and filter stormwater runoff with specialized plants, possible underdrain; also known as "vegetated infiltration basin."
[3] 
Bioswales: sloped drainage areas filled with vegetation, soils, and/or stone to direct, infiltrate and filter stormwater runoff.
[4] 
Stormwater street tree pits: tree canopies, roots, and tree pits that facilitate stormwater infiltration and detention and help reduce runoff.
[5] 
Porous pavement. Special asphalt, concrete, or spaced paving enables water to infiltrate soil, evaporate, or drain appropriately.
[6] 
Solar canopies: installation of additional solar canopies, especially at any remaining surface parking lots.
[7] 
Water retention roof tiles: roof tiles that absorb and hold water, for locations or pathways where green roof is not suitable.
[8] 
Stormwater detention tanks.
[9] 
Other educational research projects or test installations specifically related to hydrology and stormwater control.
[10] 
Other best green infrastructure practices as approved by the Planning Board Engineer.
[11] 
A standalone infrastructure project may be included toward a coverage bonus.
H. 
Uses. Permitted uses in the University District Sub-Areas are indicated below:
U - Uses
Transition
Core
Edge
Castle Point
Academic and Administrative Offices
P*
P
P
Athletic Facilities
P*
P
P
P
Auditoriums and Lecture Halls
P*
P
P
Auxiliary Housing
P*
P
P
Classrooms
P
P
P
Dormitories
P
P
Fraternity and Sorority Houses
P*
P*
P*
Health Care Services
P*
P
P
Incubator and Accelerator Facilities
P*
P
P
Infrastructure Support Facilities
P
P
Laboratory and Research Facilities, Wet
P*
P*
P*
Laboratory and Research Facilities, Dry
P
P
P
Retail Establishments
P*
P
P
Student Life Facilities
P
P*
Solar and Wind Renewable Energy Facilities
P
P
P
NOTES:
*
Permitted subject to compliance with Subsection I, Supplemental regulations for specific uses.
I. 
Supplemental regulations for specific uses. The following requirements are applicable to those uses that are permitted, subject to compliance with this section. A permitted use subject to compliance with this section shall be subject to review and approval by the Planning Board and shall not constitute a "conditional use" as defined in N.J.S.A. 40:55D-3. Relief from these requirements may be granted by the Planning Board in accordance with N.J.S.A. 40:55D-70c. Standards designated as "shall" or "will" are required to be met, and those designated with "should" or "may" are encouraged, or cited as examples, but are not mandatory.
(1) 
Academic and administrative offices. Where academic or administrative offices are located within the Transition Sub-Area, the office facilities shall operate during regular business hours: 7:00 a.m. to 10:00 p.m. Only the Planning Board, by referral, may extend the hours, as it sees fit, depending on the specific location, use and occupancy of the building.
(2) 
Athletic facilities.
(a) 
Any modification of or addition to existing athletic facilities in the Transition Sub-Area shall be set back, not less than 100 feet from Hudson Street and/or Eighth Street.
(b) 
A noise mitigation plan shall be provided for any accessory use associated with athletic facilities or sports fields that includes sound amplification equipment to assure compliance with the local noise ordinance.
(c) 
A lighting plan shall be provided that includes, but is not limited to, site-line studies, equipment specifications, screening measures, and hours of use, to assure that there is no light intrusion onto adjacent nonuniversity properties.
(3) 
Auditoriums and lecture halls.
(a) 
Other than the existing auditorium in Edwin A. Stevens Hall, DeBaun Auditorium, the maximum occupancy for an auditorium or lecture hall in the Transition Sub-Area shall not exceed 250 persons.
(b) 
Other than the existing auditorium in Edwin A. Stevens Hall, DeBaun Auditorium, where auditoriums or lecture halls are located within the Transition Sub-Area, the facility shall operate only between the hours of 7:00 a.m. and 10:00 p.m., Monday through Saturday, and from 10:00 a.m. to 9:00 p.m. on Sunday.
(4) 
Auxiliary housing. An auxiliary housing unit shall contain no more than five beds or bedroom suites.
(5) 
Fraternity and sorority houses.
(a) 
Residential occupancy of a fraternity or sorority house shall comply with the minimum requirements of the International Property Maintenance Code.
(b) 
A noise mitigation plan shall be provided with the site plan application. Sound attenuation measures shall be taken on any new structure or addition to an existing structure to minimize sound migration to adjacent properties, to assure compliance with the local noise ordinance. Such measures may include, but are in no way limited to, installation of noise suppression windows, installation of absorptive insulation in walls and ceiling, acoustic panels and/or layers of QuietRock® drywall or similar wall treatments.
(c) 
A maintenance plan for the exterior of the building shall be provided with the site plan application. Such maintenance plan shall include, but is not limited to, a schedule for general upkeep such as painting, cleaning, and repairs, and for grounds and landscape maintenance.
(6) 
Health care services.
(a) 
A health care facility located within the Transition Sub-Area shall not have accommodations for overnight stays.
(b) 
A waste storage and disposal plan must be submitted describing where waste, including any medical waste, will be stored on the premises.
(7) 
Incubator and accelerator facilities.
(a) 
Facilities within the Transition Sub-Area shall have 3,000 square feet or less of gross floor area. Incubator and accelerator facilities with more than 3,000 square feet are subject to site plan review and additional conditions to be determined by the Planning Board.
(b) 
The hours of operations for an incubator or accelerator facility in the Transition Sub-Area shall be limited to 7:00 a.m. to 10:00 p.m. Hours of operation in Core and Edge Sub-Areas are not restricted.
(8) 
Laboratory and research facilities, wet.
(a) 
A list of all controlled substances, chemicals and hazardous materials to be used on the premises must be submitted with the site plan application along with written handling and storage procedures, where applicable.
(b) 
A waste storage and disposal plan must be submitted with the site plan application describing where waste, including any chemical or medical waste, will be stored on the premises and how the waste will be removed and by whom.
(c) 
If the facility includes equipment or services that may generate noise or vibration, attenuation measures shall be taken to minimize vibration and sound from migrating to other parts of the building and to the surrounding area, to assure compliance with the local noise ordinance.
(d) 
If the facility will be conducting activities that are likely to generate heat, odors, airborne particulate, dust or other such by-products, a make-up air and/or ventilation system shall be required to ensure consistent air quality and minimize dissipation of those work by-products inside or outside the building as per state and federal regulations.
(e) 
If the facility will house animals for research purposes, a housing, sanitation, and security plan must be submitted with the site plan application. Additional noise attenuation measures may also be required.
(9) 
Retail establishments. A scope of proposed retail activities shall be provided with the site plan application that includes hours of operation and a circulation and occupancy plan.
(10) 
Student life facilities.
(a) 
Portions of retail establishments and student life facilities located within the Edge Sub-Area at grade along Fifth Street and/or Sinatra Drive shall be accessible from the street in order to promote an active and pedestrian-oriented streetscape.
(b) 
Within the first story of a building, areas of assembly within 100 feet of Stevens Park shall not have a static occupancy of more than 100 persons. Higher occupancies shall be subject to conditions of approval to be determined by the Planning Board.
(c) 
A noise mitigation plan shall be provided. Sound attenuation measures shall be taken to minimize sound migration to adjacent properties. Such measures may include, but are in no way limited to, installation of noise suppression windows, installation of absorptive insulation in walls and ceilings, acoustic panels and/or layers of QuietRock® drywall or similar wall treatments.
J. 
Parking and transportation requirements.
(1) 
Spaces required. The number of parking spaces maintained in the University District shall be equal to or greater than 0.8 times the number of parking permits ("the parking-to-permit ratio"), as defined herein, issued by the university, except as follows:
(a) 
Where the university demonstrates adherence to a parking and transportation demand management (TDM) report as per Subsection J(4) below, and where such parking and TDM report is submitted to the Planning Board and the analysis demonstrates that existing trip reduction measures have been successfully implemented and warrant parking supply reduction, the number of required spaces may be reduced commensurate to reductions acknowledged in the TDM report. Such reduction shall require variance relief pursuant to N.J.S.A. 40:55D-70c.
(b) 
The parking-to-permit ratio is evaluated on a campus-wide basis and is not project-specific. Current and projected permit data is to be submitted based on annual parking and TDM report compliance per Subsection J(4) below. The parking and TDM report and review are done annually per this section.
(2) 
Annual review. The number of parking spaces shall be reviewed each year, upon receipt of the annual parking and TDM report (see Subsection J(4)(b) below). Based on the criteria set forth in Subsection J(1) above, the Planning Board will, at that time, vote to re-authorize the existing parking-to-permit ratio, or, subject to the success of implementation of the parking and TDM report, may approve an increase or a decrease in the required parking-to-permit ratio.
(3) 
Remedy of noncompliance. In the event of an unaddressed parking deficiency, the university shall secure additional spaces that satisfy the deficiency through the provision of on-site or off-site parking arrangements. Such arrangements shall be reported to the Zoning Officer and, if in the opinion of the Zoning Officer, the deficiency has been adequately addressed, shall be approved by the Zoning Officer.
(4) 
Parking and transportation demand management. A parking and transportation demand management (TDM) report is allowed in order to meet the City of Hoboken's objectives to reduce the number of single-occupant trips and the number of vehicle miles traveled (VMT), as well as traffic and associated air pollution, fuel use, noise and congestion. The proposed parking and TDM plan shall be implemented as a pilot program beginning in January 2019 and shall begin implementation by August 2019.
(a) 
Eligible TDM strategies. Eligible TDM strategies include those that demonstrate a commitment to reducing single-occupant vehicle trips in and around Hoboken, and which encourage the use of mass transit, bicycling, walking, and other transportation alternatives such as, but not limited to: subsidized public transit passes and other incentives: provision of shuttle services and paratransit systems; subsidizing ride-hailing services; providing student ride-share/carpooling programs; providing bicycle facilities and bicycle commuting incentives; preferential parking for low-emission vehicles, zero-emission vehicles, bicycles, carpools, and vanpools; policies that restrict eligibility for on-campus students and Hoboken residents to receive parking permits; policies regarding visitor passes; educational programs to inform on-campus and off-campus populations as to the need for and benefits realized from changes in commuting behavior; and other strategies as approved by the reviewing entity. This commitment must be accompanied by a detailed description of the measures proposed to be implemented.
(b) 
Parking and TDM report. The university shall provide the annual report to the Director of Community Development, the Zoning Officer, and the Planning Board, due November 15 of each year beginning November 15, 2019. The annual parking and TDM report shall be prepared by a qualified third-party expert in parking and transportation and shall include, but not be limited to, the following:
[1] 
Current student, faculty, and staff population figures for the current enrollment year and estimated population projections for the following three enrollment years;
[2] 
The number of parking permits issued for the prior year and for the current year-to-date, as well as an estimated projection of parking permits to be issued for the following year, broken down by campus population type and permit type;
[3] 
An inventory of the university's parking supply, parking utilization rates and parking demand statistics for the reporting year, and an analysis of notable trends;
[4] 
A detailed description of all TDM programs and policies and how those programs are administered, actual enrollments per program compared to enrollment targets, analysis of changes of use over time, and any proposed changes or enhancements to the program; and
[5] 
Goals for the specific numeric reduction (and percent reduction) in vehicle trips; and an analysis of the effectiveness of the TDM programs and policies towards meeting the campus's goals of reducing the number of vehicles on campus.
(c) 
If a substantial interim change is made to the parking and TDM report between reporting periods, the revised parking and TDM report must be submitted to the Planning Board.
(5) 
Curb cuts. As of the adoption of this section, no new curb cuts shall be added along Hudson Street.
(6) 
Loading zones. As of the adoption of this section, no loading zones, not including any previously approved loading zones, shall be added on Hudson Street, Castle Point Terrace, Fifth Street, Sixth Street, Eighth Street or Ninth Street.
(7) 
Enforcement. Failure to comply with the provisions of this section shall be subject to the penalties enumerated below:
(a) 
Failure by the university to adhere to an approved parking and TDM report within 60 days of notice of such deficiency shall result in the immediate revocation of any reduction in the minimum parking supply and shall return the number of required spaces to 0.8 times the number of parking permits issued by the university. Upon such revocation, the university shall, within 30 days, satisfy the deficiency as prescribed in Subsection J(3) above.
(b) 
Failure by the university to provide the annual report pursuant to Subsection J(4)(b) above shall result in the issuance of a fine in the amount of $150 per day, beginning 10 calendar days after the report is due and accruing daily until the report is delivered to the City of Hoboken.
K. 
University District signage.
(1) 
Signs on university buildings within the University District that are internal to the campus and/or signs that are located on a building facade that does not front on a public right-of-way (Hudson, Fifth, Sixth, Eighth and Ninth Streets, Sinatra Drive and Elysian Park) shall be exempt from regulation under this section and the Signs and signage section of the Municipal Zoning Code.[2]
[2]
Editor's Note: See § 196-31.
(2) 
Building identification signs oriented to Hudson Street, Fifth Street, Sixth Street, Eighth Street, Ninth Street or Elysian Park shall be permitted to a maximum area of 35 square feet. Letter height should not exceed 10 inches, and the sign should not project more than six inches from the face of the building. Lighting, when used, for signs in these locations shall be indirect, either from an external source or as a halo behind raised lettering.
(3) 
Building identification signs oriented to Sinatra Drive shall be permitted to a maximum of 100 square feet. Individual letter height should not exceed 15 inches, and the sign should not project more than 12 inches from the face of the building. Lighting, when used, for signs in this location shall be indirect, either from an external source or as a halo behind raised lettering, except as noted in Subsection K(4) below.
(4) 
Notwithstanding Subsection K(3) above, one internally illuminated sign identifying the university shall be allowed on any one of the building facades oriented to the Hudson River located within the Edge Sub-Area or on the Howe Center. The area of this one sign shall not exceed 450 square feet.
(5) 
Freestanding institutional or university "gateway" identification consisting of constructed vehicular and pedestrian entrances to the campus shall be permitted subject to site plan approval. Locations for such constructed gateways may include, but are not limited to, the northeast corner of Fifth and Hudson Streets and the north side of the Fifth Street intersection with River Terrace in front of Edwin A. Stevens Hall, or at the entrance to Fifth Street from Sinatra Drive, or at the easterly end of Ninth Street where it meets the campus. Constructed pedestals marking the entrances may incorporate decorative street lamps. Face signs built into the gateway shall only be externally illuminated from a ground-mounted fixture positioned to illuminate the face of the sign. All light sources shall be properly screened to minimize unnecessary light migration.
(6) 
Building identification and way finding signage consisting of a ground-mounted base, pole or posts with a fixed sign panel used to direct visitors to specific buildings and sites within the campus shall be permitted throughout the University District, without restriction, except within 25 feet of Hudson Street or Fifth Street. Wayfinding or directional signs for installation within 25 feet of Hudson Street or Fifth Street may be approved by the Planning Board in conjunction with a site plan, or as part of a comprehensive sign plan at initial conception; then the signs may be maintained and updated as necessary, for the life of the signs.
(7) 
Temporary signage, including banners, A-frames, yard signs, feather flags, and similar removable signage used in connection with special events, such as orientation, graduation, conferences and other functions typical of a university, shall be permitted anywhere on campus except within 50 feet of Hudson Street or Fifth Street, subject to the exceptions noted below. Temporary signage shall be installed no more than three weeks prior to the special event it is associated with, and shall be removed within three days following the end of the event.
(a) 
Temporary banners advertising a performance or other event open to the general public; in the case the banner may be affixed to Stevens' fences at the corners of Hudson Street and Fifth Street, and Hudson Street and Eighth Street.
(b) 
A-frame signs used for directional wayfinding during admissions and alumni events shall be permitted on Fifth Street, but shall be set back 15 feet from Hudson Street, and shall be removed from the area nightly.
L. 
Site plan requirements.
(1) 
When required. Notwithstanding requirements for site plan review and approval as specified elsewhere in this chapter, site plan review and approval by the Planning Board shall be required under the following conditions:
(a) 
New construction or alterations of existing structures that result in either the addition of, or the elimination of, 20 or more student housing beds.
(b) 
New educational facilities (nonhousing) with more than 3,000 square feet of floor area.
(c) 
Additions and/or alterations to an educational facility that increase by 20% or more the gross floor area of the existing building before addition or alteration.
(d) 
Demolition or alterations of existing parking that reduces the number of existing parking spaces by more than 10%.
(e) 
Applications requiring relief pursuant to N.J.S.A. 40:55D-51.
(f) 
Uses subject to Subsection I, Supplemental regulations for specific uses.
(2) 
If the proposed development involves one or more zoning discrepancies as specified in N.J.S.A. 40:55D-70d, the application for site plan approval and zoning ordinance variance shall be submitted to the Board of Adjustment.
(3) 
Where a proposed development involves one or more zoning discrepancies as specified in N.J.S.A. 40:55D-70c, the application for site plan approval shall remain with the Planning Board, and the Planning Board shall have the power to review the site plan application and variance request at the same time, and render a decision thereon.
(4) 
When review is required by the Historic Preservation Commission, such review shall precede that of the Planning Board and/or Board of Adjustment, which shall be informed of the Commission's findings by way of a written report.
M. 
Historic landmarks and review standards. Any alteration, renovation, or maintenance work to be performed affecting the exterior of any locally designated historic landmark buildings or the integrity of the locally designated historic landmark sites, pursuant to Chapter 42, Historic Preservation, Article V, Standards for Review, of the Hoboken Municipal Code shall be subject to Hoboken Historic Preservation Commission review and approval.
N. 
Annual review and reporting requirements. An annual report shall be provided to the City of Hoboken, by the university, no later than November 15 of each year. The report shall be compiled by the university's independent auditor, and shall, at minimum, include the following information.
(1) 
A student and faculty census: reporting to include, but is not limited to, the following:
(a) 
The total number of undergraduate and graduate students enrolled during the prior year;
(b) 
A breakdown of the prior year's enrollment by full-time and part-time students;
(c) 
A breakdown of the prior year's enrollment by on-campus versus online or off-site students;
(d) 
The projected enrollment for the next three years; and
(e) 
The number of full- and part-time faculty and staff, by category, employed during the prior year.
(2) 
Student housing report: reporting to include, but is not limited to, the following:
(a) 
The total number of students housed by the university during the prior year;
(b) 
A breakdown of the number of students housed on campus versus those in university-leased housing off campus; and
(c) 
A breakdown of the off-campus housing numbers by location.
(3) 
Space allocation and use analysis. Reporting to include the total gross square feet of university-owned facilities broken down by on-campus and off-campus academic, residential, administrative, athletic, and student life uses by area.
(4) 
Public safety report. A link to an electronic copy or a physical copy of the annual Clery Act Report prepared by the university.