Article IX General Supplementary Regulations

Site plan review and approval by the Planning Board shall be required as described below:

Site plan review shall be required for:

New construction or substantial alteration resulting in 10 or more dwelling units;

New nonresidential structures with more than 5,000 square feet of floor area;

Additions and alterations to existing, nonresidential structures increasing by 50% or more the gross floor area or building coverage existing at the time of the passage of this section; and

Major parking facilities.

Wireless telecommunications towers subject to § 196-35.

[Added 5-7-2003 by Ord. No. DR-91]

Minor site plan review shall be required for:

New construction or external alterations resulting in three to nine dwelling units;

New nonresidential structures with 3,000 to 4,999 square feet of floor area; or

Additions and external alterations to existing nonresidential structures increasing by 25% to 49% the gross floor area or building coverage existing at the time of the passage of this section.

Any change in use or increase in intensity of use where the site occupant will require 10 or more additional parking spaces under the provisions of this chapter; such calculation is to be performed using the table provided in § 196-44 for nonresidential uses located anywhere in the R-1 district and anywhere on Washington Street even though no parking is permitted on-site in those locations.

Any request for an increase in permitted occupancy of a nonresidential use as measured by either the Uniform Fire Code, BOCA or other applicable code.

[6]

Wireless telecommunications antennas subject to § 196-35.

[Added 5-7-2003 by Ord. No. DR-91]

If the proposed site plan involves one or more zoning discrepancies as specified in N.J.S.A. 40:55D-70d, the applications for site plan approval and zoning ordinance variance shall be submitted to the Zoning Board of Adjustment.

Site plans shall be submitted by the applicant to the appropriate Board for its review and action. Where a site plan involves a zoning discrepancy as described in N.J.S.A. 40:55D-70c, the Planning Board shall have the power to review the applications for site plan approval and a variance at the same time and render its decision thereon. If the proposed site plan involves one or more zoning discrepancies as specified in N.J.S.A. 40:55D-70a, 40:55D-70b or 40:55D-70d, the applications for site plan approval and zoning ordinance variance shall be submitted to the Zoning Board of Adjustment for its review and decision on both.

Site plan review may be conducted concurrently with special review, planned development and conditional use procedures specified elsewhere in this chapter. If approved, a site plan shall be signed and dated by the Chairman of the Planning Board and transmitted to the Zoning Officer. A site plan which has been denied or approved with conditions shall be returned unsigned to the applicant with a letter stating the conditions or reasons for denial. A copy of the letter and plan shall be submitted to the Zoning Officer.

Where review is required by the Historic Preservation Commission, such review shall precede that of the Planning Board/Zoning Board, which shall be informed of the Commission's findings by way of a written report or testimony given by a Commission member or staff person. See Chapter 42 of the Code of the City of Hoboken for establishment of historic districts and sites, the Historic Preservation Commission, and its procedures.

[Amended 8-15-2012 by Ord. No. Z-196]

Procedures. Detailed checklists[2] are available from the Planning Board/Zoning Board Secretary along with proper application forms. The applicant must review the appropriate checklist and provide all appropriate attachments called for by the checklist in addition to the completed application form and applicable fees. All initial submittals must be made through the Planning Board/Zoning Board Secretary in a single packet.

	The initial submittal will be reviewed by the Board professionals to insure that proper administrative and escrow fees have been posted, that the items required in the checklist have been provided, and that the architectural and engineering plans and calculations are technically complete and in conformance with City ordinances. Applicant must specifically request, in writing, any variances and/or waivers being sought. The results of this initial review will be submitted to the Planning Board's Subdivision and Site Plan Committee with copies to the applicant and applicant's professionals as appropriate. If site plan approval is being sought from the Zoning Board, the results will be reviewed by the Application Review Committee.
	The Subdivision and Site Plan Committee of the Planning Board or the Application Review Committee of the Zoning Board will determine which review agencies must receive copies of the application. The applicant will be responsible for the distribution. Proof of distribution will constitute one of the required elements of completion prior to the hearing. Such proof shall be provided by the applicant in the form of certified mail receipts. Responses may be offered in writing or by way of expert testimony as the Board may decide. Final approval may be conditioned on adequate responses.
	Reasonable effort will be made to advise the applicant prior to the Committee meeting if the application is deficient and unable to be deemed complete. In any event, the application must be deemed complete by the Committee in order to be placed on the next Board agenda for a hearing. If the next agenda is full, applicant will be notified by the Board Secretary as to the hearing date. At such time, applicant will be required to make the necessary publications and notifications.
	Per § 44-33 of the Code of the City of Hoboken, applicant must provide proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of the application. If it is shown that taxes or assessment are delinquent on said property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment thereof or the making of adequate provision for such payment in a manner that will adequately protect the municipality. Application fees must be paid up-to-date prior to being heard. Failure to do so will result in the application not being heard.

For Planning Board review, eight completed copies of the application for site plan review and eight full-sized and eight reduced 11 by 17 inches copies of each of the plan elements shall be submitted to the Planning Board Secretary at least 21 days prior to the next regularly scheduled Subdivision and Site Plan Review Committee meeting. Individual packets are to be provided directly to the Board's Planner, Engineer and Attorney. For Zoning Board review, three completed copies of the applications for site plan review and variance approval and three copies of each of the plan elements shall be submitted to the Zoning Board Secretary at least 14 days prior to the next regularly scheduled Application Review Committee meeting. Individual packets are to be provided directly to the Board's Planner, Engineer and Attorney. Consult the Secretary for the number of final submission sets for the Board hearing.

Within 45 days of the official date of receipt, the Planning Board/Zoning Board shall inform the applicant of any deficiencies in the application or preliminary plans, or the application will be deemed complete. If the application is incomplete, it shall be returned to the applicant for completion and resubmission.

Preliminary site plan approval shall be granted or denied by the Planning Board in accordance with N.J.S.A. 40:55D-46 within 45 days of submission of a complete application to the Planning Board Secretary for a minor site plan of 10 acres of land or less and 10 dwelling units or less; within 95 days for a site plan of more than 10 acres or more than 10 dwelling units; or, where the request includes a request for relief pursuant to N.J.S.A. 40:55D-60, within 120 days. Failure of the Planning Board to act shall be deemed to be preliminary approval.

Minor site plan approval shall be deemed to be final approval of the site plan by the Board, provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53. Failure of the Board to act within the period prescribed shall constitute minor site plan approval.

Upon submission to the Planning Board/Zoning Board Secretary of completed conforming final plans for those applications previously granted preliminary site plan approval, the Planning Board/Zoning Board shall grant or deny final site plan approval in accordance with N.J.S.A. 40:55D-50. Failure of the Planning Board/Zoning Board to act within 45 days after submission of a complete conforming application shall constitute final site plan approval. Applications for final site plan approval shall be submitted for Planning Board/Zoning Board review prior to beginning construction of the building or buildings receiving preliminary site plan approval. First certificates of zoning compliance and building permits shall only be granted upon a showing of the resolution of approval of minor site plan or final site plan approval along with a set of the approved, signed site plan drawings.

[Amended 5-7-2003 by Ord. No. DR-90; 6-18-2008 by Ord. No. DR-357]

In such cases as site plan review is conducted concurrently with applications for a variance, planned development or conditional use, public hearings and notice are required pursuant to N.J.S.A. 40:55D-12.

Whenever review of the application by the County Planning Board is required in accordance with Section 8 of P.L. 1968 (N.J.S.A. 40:27-6.6), the Planning Board shall condition any approval that it grants on timely receipt of a favorable report by the County Planning Board or approval by the County Planning Board evidenced by the failure to report thereon within the required time period.

An application not acted on within two years of its approval shall be subject to the conditions of N.J.S.A. 40:55D-52.

Decisions on appeals and development applications shall be granted or denied by the Zoning Board in accordance with N.J.S.A. 40:55D-73 within 120 days (or within such further time as may be consented to by the applicant) of submission of a complete application to the Zoning Board Secretary. Failure of the Zoning Board to act shall constitute a decision favorable to the applicant.

Editor's Note: See Chapter 34A, Development Application Checklists.

Standards for site plan drawings. Site plan drawings shall be submitted at a scale of one inch equals 50 feet for tracts under one acre in size and at a scale of one inch equals 80 feet for tracts up to 10 acres. All plans shall be signed and sealed by a professional as required by the state, folded with Title Block revealed.

Required submissions. Detailed checklists for preliminary, minor and final site plan as well as for minor and major subdivision applications are available from the Planning Board/Zoning Board Secretary along with proper application forms which may be revised from time to time. The checklist below applies to preliminary site plan review. The applicant must review the appropriate checklist and provide all appropriate attachments called for by the checklist in addition to the completed application form and applicable fees. Ten copies of each submission showing details of the following categories shall be submitted: building and impact; circulation; landscaping; facilities and utilities; topography; zoning compliance; recycling; and a signed and sealed survey.

The building and impact plan shall include drawings which show the following:

Ground floor/site plan clearly showing lot lines and lot numbers of the subject site as well as lot numbers of adjoining lots; proposed yards and building setbacks; location of buildings on adjacent lots; name, width and direction of travel of adjoining street(s) with distance to intersection indicated; north arrow;

Key/location map showing zoning district boundaries;

Two hundred feet radius diagram showing tax block and tax lot numbers within 200 feet of the site;

Signature block.

A written neighborhood impact report shall describe the proposed use or uses of the buildings, proposed numbers of employees and/or residents, projected vehicular traffic, anticipated generation of noise, glare, heat, odor and vibration, possible safety hazards, and anticipated future expansion; a detailed traffic impact report shall be provided for any project providing 50 or more parking spaces on-site.

A circulation plan shall show access roads, curbs, curb cuts, paths, driveways, parking and loading facilities, interior circulation arrangements for vehicles and pedestrians and arrangements for exterior lighting; see checklist for details.

A landscaping plan shall show the location and characteristics of buffers and screening whether fencing or plant material, trees, and plantings; see checklist for details.

A facilities and utilities plan shall show existing and proposed locations of facilities and utilities providing for water, sewerage, storm drainage, electricity, gas, fire protection and solid waste disposal. Provisions for underground distribution of electrical and signal utilities shall be shown.

A topographic plan shall show existing elevations on the subject site. Show proposed spot elevations per checklist. A written notation shall be provided to indicate the site's relation to flood hazard boundaries as shown on the FEMA Flood Hazard Map.

A zoning compliance table shall show all relevant district regulations (use, bulk, parking, standards for conditional uses, etc.) as set forth in Chapter 196, providing the numerical section references in the first column. For each regulation, the table shall compare district requirements with values for the proposed project. The table shall indicate any values for the project which do not conform to district regulation standards in a column indicating "variance required." Additionally, where required standards or limitations are based on such characteristics as the number of dwelling units, square footage of customer service area percentage of roof area, prevailing height or front yard setback, etc. the calculation and/or a sketch must be provided. Instructions for calculating compliance with the facade and density regulations are available from the Board Secretary.

A recycling plan shall show what materials will be collected, where they will be stored, where and by whom they will be picked up and with what frequency, the amount of material projected to be generated and how much storage area will be required for each material. See § 196-26.1 for state and local minimum standards for projecting and providing storage and handling space.

A survey signed, sealed and dated by a licensed land surveyor shall be submitted with site plan review applications as well as with subdivision requests; the survey should clearly show all existing buildings on site. A copy of a survey shall be submitted with development applications requesting variances only.

Considerations. In considering and approving site plans, the Planning Board shall take into consideration the public health, safety and general welfare, the comfort and convenience of the general public and the general purposes and intent of this chapter.

§ 196-26.1 Recycling plan; storage and projection standards.

Editor's Note: For site plan applications and checklists see Chapter 34A, Development Application Checklists.

[Added 12-2-1998 by Ord. No. R-357]

Purpose and application. Pursuant to the "Statewide Source Separation and Recycling Act," the City of Hoboken has adopted both a recycling plan and a Recycling Plan Element to effectuate the goals of the state and county to recover a mandated percentage of the municipal solid waste stream. Through site plan review, subject developments are to provide adequate and proper space per the standards presented below.

Standards for storage.

Residential development: sufficient storage for a week's worth of recyclables shall be provided both within each dwelling unit and, if a multi-family building, in a common area as specified below.

Size: sufficient for eight gallons of storage in each unit; three square feet for each three tier stack unit or for three to four gallons buckets.

Location.

Multifamily: under kitchen sink or in closet of each dwelling unit as well as in a common area near the refuse receptacle or a laundry room (preferably on each floor); a central storage area should be located so as to facilitate pick-up.

Single-family homes: same as for apartment or in laundry room, basement or garage.

Commercial/industrial development: sufficient storage space for a week's worth of recyclables.

Size: if development generates a large volume of recyclables, the loading dock area shall be of a sufficient size to hold small dumpsters, 55 gallon containers or four feet by four feet by four feet Gaylord containers or hampers which can be picked up by a fork lift. If a nonresidential use is not large enough to require a loading dock under the provisions of the Zoning Ordinance, the recycling plan shall provide for pick-up times frequent enough to make large storage areas unnecessary.

Location: storage shall be provided indoors or, if outside, it shall be screened by a shed-like enclosure.

Standards for projection.

Average generation rates are as follows:

	Recyclable	Pounds/Person/Week
	Glass	1.25-1.75 lbs.
	Aluminum	0.10 lbs.
	Tin cans	1.50 lbs.
	Corrugated	2.00-2.50 lbs.
	High-grade office paper	5 lbs./office worker
	Mixed office paper	8 lbs./office worker

§ 196-27.1 Urban design review for planned developments.

Weight-to-volume ratios: some of these items may not be permitted at the time of application (it is the applicant's responsibility to refer to the local recycling ordinance and related regulations at the time of submission to determine which items are to be recycled and in what form — crushed, in paper bags, etc.).

Recyclable		Weight-to-Volume
Glass
	Loose, whole	600 lbs. = 1 cu. yd. 175 lbs. = 55 gal. drum
	Semi-crushed	1,000 lbs. = 1 cu. yd. 300 lbs. = 55 gal. drum
	Crushed	1,800 lbs. = 1 cu. yd. 550 lbs. = 55 gal. drum
Newspaper
	Stacked	600 lbs. = 1 cu. yd. 30-35 lbs. = 1 (12") stack
Aluminum cans
	Whole	74 lbs. = 1 cu. yd. 1.5 lbs. = 1 grocery bag 21 lbs. = 1 lg. plastic garbage bag
	Flattened	250 lbs. = 1 cu. yd.
Tin cans
	Whole	(1,800 cans) 150 lbs. = 1 cu. yd. 1 lb. = 12 cans
	Flattened	850 lbs. = 1 cu. yd.
Leaves/Chips/Grass
	Leaves (uncompacted)	250 lbs. = 1 cu. yd. 1 ton = 8 cu. yd.
	Leaves (compacted)	450 lbs. = 1 cu. yd. 1 ton = 4.44 cu. yd.
	Wood chips	500 lbs. = 1 cu. yd. 1 ton = 4 cu. yd.
	Grass clippings	404 lbs. = 1 cu. yd. 1 ton = 4.95 cu. yd.
Other materials
	Used motor oil	7 lbs. = 1 gal. 1 ton = 285.7 gal.
	Passenger car tires	12 lbs. = 1 tire 1 ton = 166.6 tires
	Truck tires	60 lbs. = 1 tire 1 ton = 33.3 tires
	Solid fats & liquid fats	412.5 lbs. = 55 gal. drum 1 ton = 4.8 drums

§ 196-27 Overlay districts.

[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; 11-14-2005 by Ord. No. DR-205; 11-14-2005 by Ord. No. DR-209; 8-15-2012 by Ord. No. Z-196; 6-19-2019 by Ord. No. B-150]

The Historic Preservation, W(RDV), W(H), W(N), and I-1(W) Overlay Districts are designed to supplement the underlying district regulations.

Historic Preservation Overlay. Areas so designated by Chapter 42, Historic Preservation, of the Municipal Code of the City of Hoboken as historic districts shall be subject to an additional review function to assure the conservation and preservation of historically relevant buildings, structures, architectural features, uses and streetscapes in accordance with the United States Secretary of the Interior Standards for Preservation.

I-1(W) Overlay. The I-1(W) Subdistrict is designed to acknowledge the shift in demand for riverfront property from nonresidential to residential uses while protecting existing employing units and employment opportunities.

W(H) Overlay. The W(H) Subdistrict indicates the location of a segment of the City's historic district within W-District boundaries. That segment is subject to review procedures by the Historic Preservation Commission.

W(RDV) Overlay. The Waterfront Redevelopment Subdistrict represents the plan area within which the Waterfront at Hoboken, South Redevelopment Plan applies.

W(N) Waterfront North Overlay. It is intended that the view of the bluffs associated with Castle Point along the Hudson River waterfront be preserved as a natural amenity of the City. Therefore, all development located within this subdistrict shall be subject to a height limitation, restricting such development to no more than 35 feet in height. Permitted and conditional uses shall be otherwise the same as those established for the remainder of the W Waterfront District.

R-1(H)(CPT) Castle Point Historic Overlay. The purpose of the Castle Point Historic Subdistrict is to reinforce and safeguard the heritage of this area, which has been one of the most prestigious neighborhoods in Hoboken. This subdistrict, which is also designated the "Castle Point Historic District," is distinguished by being the only neighborhood in the City typified by large, freestanding one- and two-family homes. Through architectural and bulk controls, the height and density will be limited to maintain the historic character.

[Added 6-21-1989 by Ord. No. P-58; amended 11-17-1989 by Ord. No. P-87; 4-18-1990 by Ord. No. P-103; 3-15-1995 by Ord. No. R-116; 9-6-1995 by Ord. No. R-141]

Urban design review is intended to be applied to planned developments in the I-1(W) District because of the unique characteristics of this district. Urban design review procedures are set forth in this section to ensure that any new planned development in this district will be compatible with its location and within the context of existing and proposed development. Such new development shall also further the purposes of this section and of the land use plan element of the Master Plan, as it may be amended. In the event of conflict between any provision of the urban design review (§ 196-27.1) and any other provision of this chapter, the urban design review provision shall prevail.

Action by the Planning Board. The Planning Board shall review an application for urban design review in accordance with procedures for site review set forth in § 196-26. Prior to approving any planned development, the Planning Board shall find the facts and conclusions required under N.J.S.A. 40:55D-45 and make such further findings as are required under any other provisions of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.). In its review, the Board shall also find that the applicant meets the following requirements:

That the development creates a vehicular and pedestrian circulation system of streets (either public or private), pathways and public open space which advance the following:

Creation of a street system which:

Interconnects with existing and adjacent streets in a design demonstrated by applicant's traffic studies to optimize traffic flow in and out of the planned unit development;

Where a planned unit development is adjacent to any western bypass road (as discussed in the Circulation Plan Element of the City Master Plan) as may be constructed, it shall provide a linkage to such road thereby permitting access to the northern waterfront sector of the district by passing beneath the Park and Willow Avenue viaducts. If such bypass road has not been constructed at the time the subject planned unit development application is submitted, the layout of the planned unit development shall not preclude any future linkages.

Creates a development block pattern which provides the framework for the application of § 196-27.1B(3).

Creates and maintains view corridors (at street level) of the Hudson River primarily along the lines of adjacent east-west streets south of and including Fifteenth Street, and view corridors of Weehawken Cove — primarily along the lines of adjacent north-south streets west of and including Hudson Street.

Where a developer chooses to make streets private he shall provide permanent public easements over all such streets in order to insure public access to the water's edge.

[Added 10-18-1995 by Ord. No. R-146]

Creates a pedestrian circulation system and open space system which provides public access to and along the edge of the Hudson River and Weehawken Cove, built in conformity with at least the minimum standards of the New Jersey Department of Environmental Protection per N.J.A.C. 7:7E-8.11, Public Access to the Waterfront, N.J.A.C. 7:7E-1.1 et seq.

That off-street parking provisions are, at a minimum:

In conformity with the provisions of Article XI.

If a project is phased and accessory parking is not located in the principal building, parking facilities shall be completed prior to the issuance of certificates of occupancy.

On-site parking facilities shall be within enclosed structures or, if in open areas, as permitted under § 196-17F(2)(b), parked vehicles must be shielded or screened in such manner as substantially to prevent them from being observed from grade level outside the planned development. Such shielding may be provided by buildings, landscaping, fences or walls within the planned development. Rooftop parking shall provide screening with structures, landscaping, horizontal trellises, etc. sufficient to screen 20% of the parking area. Trees shall be shown at their mature size in order to calculate coverage.

The exterior wall materials and design of enclosed parking facilities located within a residential or commercial building shall be designed to the greatest extent practicable, the materials on the exterior walls of the building in which the parking is located or, in the case of a freestanding parking structure, adjacent buildings in the planned development.

That the following bulk controls have been applied:

Rear walls of residential buildings shall not be more than 70 feet from the street line of any public or private street [except in the case of residential buildings located within 150 feet of the intersection of two streets, which buildings may have rear walls located not more than 125 feet from the street line].

Building coverage for any one development block shall not exceed 75%, so long as average building coverage for all development blocks does not exceed 65%; provided, however, that where a parking structure is created under the principal building, up to four stories may cover up to 100% of the development block. Such stories of the building shall be excluded from the calculation of building coverage so long as the following conditions are met:

The roofstop of the parking structure shall be landscaped and designed for the use and enjoyment of occupants of the building; and

The stories of the building containing the parking levels fully comply with the requirements of § 196-27.1B(2)(d).

Any development block within a planned development containing one or more residential buildings shall contain an open area for light and air [having no dimension less than 30% of the block width] commencing no higher than the level of the lowest residential floor facing the interior of the block. Open areas above buildings or structures, on-grade parking lots, driveways, sidewalks and other surfaces may satisfy this requirement.

That there is compatibility with adjacent existing and proposed development concerning but not limited to the following:

Vehicular and pedestrian circulation.

Infrastructure improvements.

Where applicable, public access to the waterfront and/or public open spaces.

A minimum dwelling unit size of 400 net square feet.

Uses: Principal permitted uses, accessory uses and conditional uses in the planned unit development shall be as established for the I-1(W) Subdistrict in § 196-17. Conditional uses shall be subject to standards for specific uses set forth in § 196-19G and/or 196-38S; except within the I-1(W) District this shall exclude "bars" and "meat, fish and seafood markets" as conditional uses.

[Amended 4-15-2020 by Ord. No. B-250]

§ 196-27.2 Historic site standards.

[Added 3-20-1991 by Ord. No. P-136; amended 6-5-1991 by Ord. No. P-144; 8-15-2012 by Ord. No. Z-196]

See Chapter 42 of the Code of the City of Hoboken for historic preservation site standards.

§ 196-27.3 Building facades.

[Added 10-21-1998 by Ord. No. R-350; amended 12-18-2020 by Ord. No. B-298; 7-10-2024 by Ord. No. B-675]

Purpose. The purpose of this section is to encourage development of residential buildings which are sympathetic to and compatible with the dominant "Hoboken look" in housing, which has been identified as a mix of brick and brownstone characteristic of townhouses and small apartment buildings built in the late nineteenth and early twentieth century. Such buildings often have stoops, fenced and landscaped courtyards, stone lintels and sills, deep-set windows, projecting cornices and a high ratio of glass to masonry on the street facade.

Application.

This section shall be applicable to all residential buildings, whether newly constructed or substantially altered, and whether or not they are subject to review and approval by either the Planning Board or Zoning Board of Adjustment for site plan or variance requests.

Terminology. The word "facade," as used in this section, refers to the building walls fronting on a street. In most instances, this will only be the front wall. In the case of a corner building, the regulations apply to both building walls facing the street. The walls of roof appurtenances such as a stair penthouse that are set back from the street-fronting roof edge, or an angled roof with a pitch of at least 24:12 clad in roofing material are excluded from this regulation and the calculation of materials.

Submission. The project architect shall submit a rendering facade elevation for review along with an abstract drawing with areas of fenestration and trim identified and outlined with a calculation calling out the areas of each material. The following calculation table shall be provided on all drawing sets.

a.	Total facade area (gross wall area):	_____SF
b.	Total area of fenestration (through-wall openings):	_____SF
_____%
c.	Area of masonry material:	_____SF
_____%
d.	Area of non-masonry wall material:	_____SF
_____%

Buildings located within a designated historic district such as, but not limited to, Washington-Hudson Street and Castle Point Terrace are subject to guidelines set forth in the Historic Preservation Design Guidelines. The Design Guidelines is a reference tool that may be used by anyone, for any zone, whether historic or not. (See Chapter 42. Historic Preservation, Appendix C.)

Facade wall materials.

The facade wall area is the gross wall area minus the area of fenestration. See Subsection E, Fenestration, below.

The following masonry materials should be used over at least 75% of the building facade:

Standard brick masonry; this may include real brick veneers but excludes faux brick panels and brick-look stucco.

Stone (e.g., brownstone, limestone, sandstone).

Ceramics.

The following non-masonry materials may be used, but shall not exceed 25% of the building facade, in aggregate:

Wood.

Metal.

Cement stucco.

Manufactured cement board, planks, or panels.

Articulation. Variation in the surface is to be achieved with a combination of some or all of the following features: bay windows, balconies, stoops and vertical and/or horizontal demarcations as outlined below:

Vertical articulation: vertical demarcations shall be required no less than every 50 linear feet of street facade; these may be achieved by a change of color or material, by a stack of bay windows or balconies, or by a vertical "line" created by the application of a different material or by a variation in the surface of the facade (minimum variation of eight inches).

Horizontal articulation: horizontal demarcations shall be required for any building taller than four stories; such elements as a cornice line, a course of brick or stone which projects or is differently colored or differently laid, a floor (such as the ground floor) which has a different material from that of the main facade, or balconies located only on one floor across the face of the building will satisfy this requirement.

Fenestration.

The pattern or rhythm of fenestration shall be compatible with and complementary to that of the other residential buildings on the block frontage. Ribbon windows, curtain walls and extensive glazing are discouraged on street-facing walls.

Windows and doors shall be inset in their framing a minimum of three inches. No operable windows shall be permitted to open over the right-of-way within 12 feet of sidewalk grade. Doors that out-swing into the right-of-way shall be recessed a minimum of 18 inches, with three feet being preferable. Only roll-up or in-swing doors may be installed flush with the building facade, minus framing inset.

Glazing shall represent at least 25% of the total facade area.

The facade of a non-habitable ground floor shall have punched openings in a similar pattern to that of the residential floors above. Glazing, decorative metalwork or similar treatment may be used to secure the street-level openings.

§ 196-28.1 Rear decks, roof decks, patios and terraces.

Flood vents shall be installed through the masonry facade wall, not in doors or window openings.

§ 196-28 Walls and fences.

Any wall or fence exceeding six feet in height shall be set back from any lot line one foot for each additional foot in height, except that along the boundary between the R District and any other district, the maximum permitted height of any fence or wall shall be eight feet.

[Added 6-17-2015 by Ord. No. Z-350]

Rear decks.

Rear deck structures shall not exceed the height of the first dwelling floor and shall be unroofed, unenclosed platforms projecting from the rear of a building, surrounded by a railing and supported by pillars or posts.

A rear deck structure, excluding egress stairs, shall be considered part of the principal structure and may not be considered accessory for the purposes of lot coverage.

Egress stairs within the rear or side yard shall be considered accessory to the principal building so long as they are no more than three feet in width.

A rear deck shall be set back a minimum of three feet from any adjoining property line.

Rear decks may be constructed only of fire-resistive materials. Where a deck structure consists of multiple levels attached to a multifamily building, the construction may be of steel or a combination of steel and other noncombustible materials; treated lumber is not permitted.

Roof decks.

Upper roof. An upper roof is the topmost roof of a building. An upper roof deck shall be permitted, provided that the following requirements are met:

An upper roof deck must be set back a minimum of 10 feet from any lot line fronting on a street, three feet from any other roof edge not fronting on a street and three feet from any adjoining property line.

A minimum of three feet of clearance must be provided around all fire escape ladders or other points of emergency egress.

Upper roof decks shall not cover more than 30% of that roof's available surface area except where a green roof is installed. Where a green roof is installed over at least 50% of the roof surface, inclusive of required setbacks, an upper roof deck may cover the remaining available roof area subject to the setback and clearance requirements set forth herein.

Upper roof decks should be accessible from a floor or by a stair bulkhead or elevator. Access via a dropdown stair or ladder is not permitted.

Upper roof decks shall be constructed of fire-retardant materials such as specially treated wood, rubber, or composite material.

Upper roof decks must have a railing 42 inches in height and must meet all other applicable construction and fire code requirements.

Lightweight furniture or accessories should be secured or properly stored when not in use to prevent damage or injury should they become airborne.

Lighting of decks is permitted but must be indirect and screened from adjacent structures.

Lower roof. A lower roof is any roof which is not the topmost roof of a building. A lower roof deck shall be permitted, provided that the following requirements are met:

Lower roof decks must be located in the rear or side yard and set back at least three feet from any adjoining property line.

A minimum of three feet of clearance must be provided around all fire escape ladders and other points of emergency egress.

Lower roof decks shall be constructed of fire-resistive materials such as specially treated wood, rubber, or composite material.

Lower roof decks must have a railing 42 inches in height and must meet all other applicable construction and fire code requirements.

Lower roof decks must have direct, full-size door access from the floor immediately adjacent to the lower roof.

Lighting is permitted but must be indirect and screened from adjacent structures.

Patios and terraces.

A patio or terrace shall be located in the rear or side yard of a principal building and shall be a landscaped or surfaced area at a height not more than 18 inches above finished grade.

Patios and terraces without roof cover will not be considered lot or building coverage or rear yard or side yard encroachments. A patio or terrace with any form of cover, including but not limited to a pergola, fabric canopy or fixed plant material will be considered lot coverage and must meet the specification of an accessory structure.

If a patio or terrace is made of impervious material such as but not limited to concrete pavement or pavers, no more than 30% of the yard area may be covered. The area of any impervious cover patio or terrace must be graded to a drain, and a drywell or detention tank with a capacity sufficient to capture runoff from the area of impervious cover that can accommodate a volume equal to or exceeding a fifty-year rain event shall be installed.

If a patio or terrace is made of pervious materials such as but not limited to wood planks with a minimum of 0.25 inch spacing, pervious pavers, or chipped stone or gravel, up to 50% of the yard area may be covered.

If located in an area of special flood hazard as defined in Chapter 104, a constructed patio or terrace must be securely anchored with footings or tie downs in accordance with Chapter 104, Flood Damage Prevention.

§ 196-28.2 Roofs.

[Added 6-17-2015 by Ord. No. Z-350]

Cool roofs. All projects with roof surface area of 1,000 square feet or more shall utilize a material that has a solar reflectivity of 40% or greater as certified by the Cool Roof Rating Council®.

Green roofs. Green roofs are encouraged wherever possible and particularly so on roofs with surface area of 5,000 square feet or more where other alternative energy applications are not being used. Green roofs shall be installed in accordance with the following criteria:

A green roof shall consist of four layers: a waterproof membrane, a layer of insulation, a drainage layer, and the growing medium (substrate). Additionally, a protective layer of PVC or other suitable material may be placed beneath the growing medium to protect against roots penetrating the waterproofing layer.

The growing medium shall be, at a minimum, a thin lightweight medium suitable for planting green roof vegetation such as, for example, a mix of expanded shale and/or sand with 10% humus. More intensive applications are encouraged if the structure is designed appropriately for the use.

Plantings on green roofs shall be shallow-rooted, drought-tolerant species that thrive in thin, nutrient-poor soils and will not require irrigation such as mosses, grasses and sedum.

If a green roof is provided on at least 50% of the roof surface, the remainder of the available roof area, subject to the setback and clearance requirements set forth herein, may be utilized for the construction of a roof deck.

[Amended 12-20-2017 by Ord. No. Z-531]

Green roofs shall be approved by the City Engineer for, among other things, the building's underlying structural integrity, and it may be subject to periodic inspection.

If all of the above criteria in Subsection B(1) through (5) of this section are met, review and approval of the application will be processed by the Zoning Officer. Applications not meeting these specifications will require review and variance approval by the Planning Board of Zoning Board of Adjustment.

Rooftop gardens. Rooftop gardening shall be, for purposes of this section, defined as a type of green roof that is utilized for the growing of vegetables or plants on an upper or rear roof for private or commercial purposes. Rooftop gardens shall satisfy the requirements of § 196-28.2B(1) above and may cover up to 90% of a roof's surface area, provided they meet minimum setback requirements of 10 feet from any property line fronting on a street, three feet from any other roof edge not fronting on a street, three feet from any adjoining property line, and three feet from any emergency egress. Rooftop gardens shall be approved by the City Engineer for, among other things, the building's underlying structural integrity, and it may be subject to periodic inspection.

Other rooftop appurtenances. Other rooftop appurtenances, including but not limited to flagpoles, radio or television antennas, chimneys, elevator or stair bulkheads, mechanical equipment, alternative energy installations, water tanks and cooling towers, shall be permitted, without limitation, provided they meet the following criteria:

Sound attenuation. Roof-mounted equipment such as emergency generators shall have a Level 3 sound enclosure or highest available manufacturer's standard. Periodic testing of emergency equipment shall be conducted between the hours of 10:00 a.m. and 2:00 p.m.

Setback requirements. On buildings of seven stories or less, equipment must be set back as follows: a minimum of 10 feet from any property line fronting on a street; three feet from any adjoining property line; three feet from any other building edge; and three feet from any emergency egress. Additional setbacks may be required for safe maintenance of the equipment, or if the proposed equipment installation may cast a shadow onto occupied areas of an adjoining property.

Height restrictions. Roof appurtenances may not exceed a height of 15 feet above the main roof slab and shall not be affixed to the roof of an elevator or stair bulkhead.

Wireless antenna installations are excluded from this category of rooftop appurtenances and shall continue to be governed by § 196-35 of this chapter.

§ 196-29 Swimming pools.

[Amended 6-21-1989 by Ord. No. P-58]

An in-ground or aboveground swimming pool for private use is permitted in residential districts as an accessory use, provided that it is located in the rear yard of the same lot as the principal building, that it meets the requirements of the Board of Health and other codes and authorities having jurisdiction, that any lighting installed in connection with such a pool shall not project direct or reflected light into adjoining properties and that no outdoor sound amplifying system shall be installed in conjunction with such pool, and when more than three feet in depth or 15 feet in length, the pool shall be enclosed by a fence of at least six feet in height. In-ground openings shall be covered when the pool is empty.

§ 196-30 Conversions.

Conversion from any use to a permitted use is allowed, provided that all requirements for the new use, including required off-street parking, are met and provided that a new certificate of occupancy is obtained.

§ 196-31 Signs and signage.

[Amended 3-20-1991 by Ord. No. P-136; 6-5-1991 by Ord. No. P-144; 10-19-1994 by Ord. No. R-84; 9-6-1995 by Ord. No. R-141; 10-2-1996 by Ord. No. R-208; 5-2-2012 by Ord. No. Z-177]

Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

AWNING SIGN

A sign that is mounted, painted or attached to an awning or other window or door canopy. Awnings may be fixed or retractable. The sign area of an awning is based on the total gross printed area.

BANNER

See "temporary sign" below.

BILLBOARD

A commercial sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

BLADE SIGN

A vertically oriented wall sign that projects from the facade of the building to which it is attached.

BULLETIN BOARD

A sign that identifies an institution or organization on whose premises it is located and that contains the name of the institution or organization, the names of individuals connected with it and general announcements of events or activities occurring at the institution, or similar messages.

BUS SHELTER SIGN

Advertising signs that are enclosed by a frame, glass or are otherwise mounted to a bus shelter.

CANOPY SIGN

A sign that is affixed to a ridged building canopy. See also "awning signs."

DIRECTIONAL SIGN

Signs limited to directional messages such as "one way," "entrance" and "exit."

FEATHER FLAG SIGN

Temporary advertising signs made of lightweight cloth that are supported by a lightweight freestanding pole or frame.

FREESTANDING SIGN

Any of a group of sign types, including but not limited to: A-frames, poster signs, "swinger" or "springer" signs, specifically designed for use on the sidewalk and not permanently affixed to a building or other structure.

GOVERNMENTAL SIGN

A sign erected and maintained pursuant to and in discharge of any governmental functions or required by law, ordinance or other governmental regulation.

POLE SIGN

A sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is six feet or more above grade.

POLITICAL SIGN

A temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election.

PORTABLE SIGN

See "freestanding sign."

PROJECTING SIGN

A sign that is wholly or partly dependent upon a building for support and that projects more than 12 inches from the facade of that building.

REAL ESTATE SIGN

A sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.

ROOF SIGN

A sign that is mounted on the roof of a building or that is wholly dependent upon a building for support and that projects above the top edge or roofline of a building with a flat roof, the eaveline of a building with a gambrel, gable or hip roof or the deckline of a building with a mansard roof.

SIGN AREA

The entire face of a sign, including the advertising surface and any framing, trim or molding, but not including the supporting structure or the unprinted area of an awning.

SUSPENDED SIGN

A sign hanging from a marquee, awning, porch or canopy.

TEMPORARY SIGN

A sign or advertising display constructed of cloth, canvas, fabric, plywood or other light material and designed or intended to be displayed for a short period of time. Other than political signs, temporary signs shall not remain in place more than four weeks unless expressly approved by the Zoning Officer.

WALL SIGN

A sign fastened to, or painted on, the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and that does not project more than 12 inches from such building or structure.

WINDOW SIGN

A sign that is painted or mounted onto a windowpane, or that is hung directly inside a window, for the purpose or effect of identifying any premises from the sidewalk or street or for advertising special sales, events or products.

Compliance, certification and permits.

All signs hereinafter erected, altered, enlarged, relocated or repaired shall require a certificate of zoning compliance issued by the Zoning Officer and a building permit issued by the Construction Code Official.

Applications shall include the following:

Drawings indicating plot plan, building elevation, sections showing sign location, size, type, material, method of attachment and indicating all other existing wall signs, projecting signs and/or other signs on the building, lighting and support details.

Proof of ownership or authorization of the owner to erect a sign.

Signs on buildings, structures or property, whether public or private, designated a historic site or located within any historic district, erected, altered, enlarged, relocated or repaired, must obtain prior approval from the Hoboken Historic Preservation Commission.

Exceptions. Those signs enumerated in Subsection C(1) below do not require zoning or building permits.

Signs permitted in all districts.

Signs Permitted in all districts.

Any public notice, or warning required by a valid and applicable federal, state, county or local law, regulation or ordinance.

Traffic control signs which meet Department of Transportation standards and which contain no commercial message of any sort.

Governmental and public utility signs.

Flags of the United States, New Jersey, the City of Hoboken, flags of any foreign nation, or other flags with purely noncommercial purposes.

Signs or banners advertising public or quasi-public events that are posted with the permission of the City of Hoboken according to guidelines set by the City of Hoboken and with a set time limit to their posting.

Any sign indicating the name of a building and/or date of construction and/or other incidental information about its construction, which may be cut into a masonry surface or made of bronze or of similar permanent material such as historic tables, cornerstones, memorial plaques and emblems. Such "address signs" shall be no larger than two square feet. No more than two such signs shall appear on any single building facade, and no more than three on any two adjoining facades.

Any sign which is inside a building, not attached to a window or door, and is not readable from a distance of more than three feet beyond the lot line of the lot or parcel nearest to where such sign is located.

Real estate signs for the sale or rental of the premises upon which the sign is posted, provided that the sign is no more than eight square feet and removed within one week of the date of sale or rental of the property. One sign shall be permitted per dwelling or commercial unit listed for sale or rent.

Political signs may be displayed for a period of not more than 60 days prior to an election and no more than three days after the election.

Signs prohibited in all districts.

Signs which interfere with, disrupt or block a pedestrian or vehicular circulation pattern or site line and which constitute a safety hazard to persons or vehicles.

Signs attached in any manner to a public sidewalk.

Illuminated signs which have interior or exterior flashing light sources, which have intermittent or variable intensity lighting or which cause glare on pedestrian or vehicular circulation patterns within or into residential areas.

Privately owned or operated signs which simulate or resemble by color, size, shape or location any governmental, public utility, official, traffic, directional or warning sign or device.

Advertising signs for products or services on any building exclusively used for residential purposes, or on any structure, fence or lot where the product or service is not made, produced, assembled, stored or sold.

Signs which move either by wind, motion, mechanical or electrical means, except signs with time or temperature messages.

Feather flags, except when:

[Amended 11-4-2016 by Ord. No. Z-440; 2-21-2018 by Ord. No. B-4]

The property is a business establishment in a zone where commercial and retail are permitted uses, and exterior signage ordinarily allowable under this section is not permitted pursuant to landlord or condominium association prohibition, and the property has no more than two street-facing windows, not inclusive of doorway or transom, with total display area totaling less than 10 square feet. In the situations where feather flags are permitted pursuant to this exception, said signs shall:

[a]

Be displayed only on the business premises; and

[b]

Be limited to one per business; and

[c]

Pertain to the business on the premises; and

[d]

Be displayed only during hours of operation; and

[e]

Be placed in a manner so as to ensure pedestrian safety; and

[f]

Not block, impede or in any other manner interfere with the pedestrian walkway; and

[g]

Not be more than 12 feet long, or greater than 36 inches in width; and

[h]

Not block any windows or doors; and

[i]

Be secured in a manner that prevents displacement from the wind; and

When utilized by a nonprofit organization organized under § 501(c)(3) of the Internal Revenue Code on private property in accordance with the following regulations:

[a]

The feather flags may be utilized for a total of five days, either consecutive or nonconsecutive, during any thirty-day period; and

[b]

The organization must apply to the Zoning Officer for permission to utilize a feather flag in accordance with this section; and

[c]

Along with the initial application, the applying entity must include proof of the organization's 501(c)(3) status. The applicant shall provide updated proof on an annual basis; and

[d]

The Zoning Officer and/or the Zoning Officer's designee shall be responsible for enforcement of this exception to ensure compliance; and

[e]

The following conditions shall apply to all flags displayed in accordance with this section:

[i]

Limited to one per organization; and

[ii]

Pertain to the organization; and

[iii]

Be displayed only during hour of operation; and

[iv]

Be placed in a manner so as to ensure pedestrian safety; and

[v]

Not block, impede or in any other manner interfere with the pedestrian walkway; and

[vi]

Not more than 12 feet long, or greater than 36 inches in width; and

[vii]

Not block any windows or doors; and

[viii]

Be secured in a manner that prevents displacement from the wind.

Religious institutions associated with religious corporations and associations registered in the State of New Jersey shall be exempt from this section for a maximum of 60 days a year, except that when feather flags are utilized by such religious institutions, they must be safely secured, not in the City right-of-way, and not impede any pedestrian walkway.

[Added 4-15-2020 by Ord. No. B-249]

Roof signs.

Signs on any building facade not fronting on a public right-of-way or driveway with direct access to a public right-of-way.

(j)

Signs applied to the facade of a building which cover any portion of a window, cornice or other architectural detail of the building.

(k)

Billboard signs.

Signs permitted in Residential Waterfront and Redevelopment Districts. In addition to the permitted signs enumerated in Subsection C(1), the following signs are permitted in Residential (R), Waterfront (W) and Redevelopment (RDV) Districts:

Home occupation signs, identifying a permitted use in residential districts, affixed to the structure and not exceeding one square foot in area.

Institutional identification signs for schools, colleges, churches or other institutions of similar public or semipublic nature, provided that:

The sign does not exceed 25 square feet in area;

If freestanding, the sign is not more than five feet in height; and

Not more than one sign is placed on a property, unless such property fronts upon two nonadjoining streets, in which event two signs are permitted, one on each frontage.

Retail businesses and services, where permitted, shall be allowed one sign affixed to the front of the building. The total gross advertising area of a sign for a retail business or service shall not exceed 10% of the area of the first floor frontage, up to but not exceeding 100 square feet. For buildings with more than one retail use or where retail uses are located on floors other than the first or street level floor, each use shall be permitted one sign, and the maximum area of all signs on a building frontage shall not exceed 20% of the area of the first floor frontage.

Projecting signs are permitted, provided they comply with the following regulations:

The maximum projection of a hanging sign from the building surface shall not exceed 48 inches. In no event shall a projecting sign extend over the street.

The support of such signs shall be of materials in keeping with the character of the district and/or the supporting structure.

If an existing sign, which predates the adoption of this section, is being refaced, then the sign size and style shall not be altered. New signs shall not exceed eight square feet.

Signs shall be not less than eight feet above grade.

Awning and canopy signs. See Subsection G.

Window signs, not exceeding 30% of the window area to which the sign is affixed. Temporary signs hung in the window of a retail business or service location may not exceed 50% of the window area and shall not obstruct visibility in such a manner as to be unsafe.

Freestanding directional signs for real estate open houses are permitted, provided they comply with the following regulations:

The number of signs does not exceed three.

The size of the freestanding directional sign does not exceed five square feet.

Signs are placed and removed on the day of the open house. No sign shall remain on the right-of-way overnight.

Signs are located not more than 500 feet from the subject location and must be located on the same block frontage.

Signs do not block handicap accessibility or pedestrian egress.

Nonilluminated temporary signs on new construction sites, not exceeding 12 square feet, provided that a building permit for said construction has been issued and that said sign is removed prior to the issuance of a certificate of occupancy.

Directional signs for entry and exits to parking areas, not to exceed four square feet in area.

Signs permitted in the Central Business Districts (CBD). In addition to the permitted signs enumerated in Subsection C(1), the following signs are permitted on Washington Street and in the CBD:

Those signs permitted in Residential, Waterfront and Redevelopment Districts.

Bus shelter advertisement signs. Information is available through the Office of the Director of Transportation and Parking.

Pole signs are permitted, affixed to lampposts on Washington Street, provided the bottom edge of any sign is not less than eight feet above grade, and the sign area does not exceed 12 square feet. These sign spaces are governed for use by the municipality. Information and applications are available through the Office of Cultural Affairs.

Freestanding signs, such as A-frames, poster stands or similar, are permitted for retail business and service locations, provided the following criteria are met:

The number of signs shall be limited to one sign per business location.

The sign shall be located immediately in front of the business for which it is advertising and shall not be more than six feet from the principal entrance to the business.

No sign shall be located within the sight triangle of an intersection.

The maximum size of any freestanding sign shall not exceed 24 inches by 36 inches.

No sign shall have more than two display faces.

No sign shall be displayed when there is snow covering more than 25% of any part of the sidewalk.

Restaurants shall be permitted one menu display, not to exceed three square feet, attached either to the facade of the building or to an approved cafe divider.

Temporary signs, provided:

No temporary sign is displayed for more than four weeks.

No more than one temporary sign is displayed at any time and the total area of the sign does not exceed 30 square feet.

No sign shall be displayed that promotes the consumption of alcohol or cigarettes.

Signs permitted in I-1 and I-2 Industrial Zones. In addition to the permitted signs enumerated in Subsection C(1), the following signs are permitted in the I-1 and I-2 Industrial Zones:

Those signs permitted in Residential, Waterfront and Redevelopment Districts and signs permitted in the Central Business Districts.

Service stations shall be permitted one lighted pole sign and one lighted sign attached flat against the building. The pole sign shall not be closer to any street than 30 feet and shall not exceed a height of 25 feet or a sign area of 48 square feet.

Awning and canopy signs.

An awning or canopy sign may be used in lieu of or in combination with a permitted wall sign. In either case, the total sign area shall not exceed the coverage permitted in Subsection D(3) above.

The sign area of an awning shall be calculated based on the total gross printed area.

A fixed awning shall project no more than 36 inches from the front facade of the building to which it is attached.

Retractable awnings are permitted to extend up to but not more than 10 feet from the building to which they are attached.

The bottom edge of either a fixed or retractable awning shall be not less than eight feet nor more than 10 feet in height above the sidewalk.

A fabric building canopy constructed over a fixed frame shall be limited in use to multiunit residential dwellings (where expressly permitted as part of site plan approval), funeral homes, nursing homes, senior housing facilities, assisted-living facilities, hospitals and acute patient care facilities. No canopy shall extend beyond the curbline or 10 feet, whichever is less. No framework or supporting structure shall encumber the sidewalk or limit the public right-of-way.

Awnings and canopies located at the entrance of any dwelling, store or other building shall be imprinted with the address of the building.

Lighting regulations for signs.

All signs to be lighted, including awning signs, shall be externally illuminated so that such light source is properly shielded from residences and streets.

Signs using mechanical and/or electrical devices to display movement or the illusion of movement are prohibited in all districts.

No sign with red, green, amber or blue in a flashing beam or beacon form shall be permitted.

Backlit signs are not permitted in historic districts unless expressly permitted by the Historic Preservation Commission.

Neon signs are not permitted in historic districts unless expressly permitted by the Historic Preservation Commission.

Signs affixed to a commercial structure that display time and/or temperature shall be permitted, provided all other sign regulations are met.

Historic districts; approval procedure and protections.

A zoning letter shall accompany all applications to the Historic Preservation Commission (HPC). No Historic Preservation Board hearing shall be scheduled until said letter has been filed with the Board secretary.

A certificate of appropriateness from the Historic Preservation Commission shall be required for all signs within a historic district or on a designated historic landmark.

General provisions, maintenance and appearance.

All signs shall be maintained in a clean and neat-appearing condition, and such maintenance, where applicable, shall include regular cleaning; regular painting and removal of any peeled, chipped or blistered paint; the renewal or replacement, in whole or in part, of any sign which has been caused to crack, break, peel or otherwise disintegrate or fall apart.

All signs attached to the ground or to a building or other structure shall be thoroughly and rigidly secured and shall be repaired and maintained as necessary to keep them secure, safe and free from causing any danger or damage to persons or property.

No sign shall be erected or maintained so as to obstruct access to any fire escape, window, door, exit or standpipe, or obstruct passage by either vehicular or pedestrian traffic on any public or quasi-public right-of-way.

Signs shall be constructed and erected in such a manner as to allow for the effects of high winds and other natural forces.

If the Zoning Officer or Building Inspector determines that any sign, now or hereafter erected or maintained, is unsafe or insecure or is a menace to the public, or has been constructed or erected or is being maintained in such a manner as to pose a hazard to persons or property, or has been constructed or erected or is being maintained in violation of the provisions of this chapter or any other law or ordinance, he/she shall give written notice via certified mail to the permittee, and, if there is no permittee, to the owner of the premises of such violation. If the permittee or owner fails to remove or alter the sign within 10 days after such notice is sent, such sign may be removed or altered by the City at the expense of the permittee or owner of the premises upon which it is located. The Zoning Officer or Building Inspector may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice.

Any sign, now or hereafter erected or maintained, which no longer advertises a bona fide business conducted or product sold, or notice of a current or future event, shall be taken down and removed by the permittee or by the owner of the premises, if there is no permittee, within 30 days after such business ceases, such product ceases to be sold or such event occurs. Upon failure to comply, the Zoning Officer is hereby authorized to cause the removal of such sign, and any expense incident thereto shall be paid by the permittee or owner of the premises upon which the sign is located. The Zoning Officer shall thereafter refuse to issue a permit for the erection of any sign, awning, canopy or marquee in the City of Hoboken to any permittee or property owner who refuses to pay the cost of such removal.

Temporary signs erected for a special event or sale shall be removed by the property owner when the event shall have taken place, or after four weeks, whichever is less.

Nonconforming signs. Signs lawfully in existence or approved by an action of the Planning Board, Zoning Board of Adjustment or Zoning Officer at the effective date of the section which shall be made nonconforming at the passage of this section shall be allowed to continue as of right, regulated as follows:

Repair of an existing sign is permitted, provided that the cost of repair does not exceed 50% of the replacement costs of the sign. If a sign is identified as a landmark sign by the Historic Preservation Commission, that sign may be maintained regardless of cost.

The structural alteration of a nonconforming sign shall only be permitted if said alteration brings the sign into conformance with this section.

No permits shall be issued for new signs on single-tenanted properties where nonconforming signs exist.

Upon taking effect, the amended provisions of Subsection C(2)(g) shall be retroactive to January 1, 2013.

[Added 11-14-2016 by Ord. No. Z-440]

§ 196-32 Home occupations.

Permitted in residential districts. Home occupations as defined in Article II shall be permitted as an accessory use in all residential districts subject to the limitations set forth in Subsection B.

Conditions for home occupations. A home occupation shall be subject to the limitations expressed in the definition in Article II and the following conditions:

There shall not be conducted on the premises the business of selling stocks, supplies or products, incidental retail sales may be made in connection with other permitted home occupations.

There must be no exterior storage on the premises of material or equipment used as part of the home occupation.

No equipment or process shall be used in such home occupation which creates any glare, fumes, odors or other objectionable conditions (see definitions) detectable to the normal senses off the lot, if the occupation is conducted in a single-family dwelling, or outside the dwelling unit, if conducted in other than a single-family dwelling.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood and any need for parking generated by the conduct of the home occupation shall be met off the street and not in a required yard adjacent to a street.

§ 196-33 Retail businesses and services in Residential (R) Districts.

Under no circumstances shall any of the following be considered a home occupation: antique shop, barbershop, beauty parlor, wig styling, clinic, mortuary, nursing home, restaurant, veterinarian's clinic or dancing studio.

[Amended 5-15-2019 by Ord. No. B-133; 6-19-2019 by Ord. No. B-150]

Retail businesses and services, and commercial recreational facilities as defined in Article II of this chapter and more specifically identified on the Use Table in § 196-19E as a "P" permitted use in the C-3 District, may be approved in Residential (R) Districts, subject to the following:

The proposed location has consistently been occupied by a retail business or service without having been converted to any use that is a principal permitted use in the zone; or

The proposed location is a corner lot where two streets intersect; and

The general guidelines applicable to all Uses listed in § 196-19F are met, except that, in a residential district, the retail business or service shall only be located on the first floor; and

Any standards for specific uses that appear in § 196-19G will be met.

Except for cannabis retailers, dispensaries, and other cannabis-related businesses or services, a retail business or service identified on the Use Table in § 196-19E as a "C" conditional use in the C-3 District may also be considered a conditional use in an R District, subject to the conditions set forth in § 196-19G and approval by the Planning Board or Board of Adjustment, as the case may be. Cannabis retailers, dispensaries and other cannabis-related business and service facilities will not be permitted in residential zones except by use variance and endorsement by the Cannabis Review Board.

[Amended 8-18-2021 by Ord. No. B-384]

§ 196-33.1 Cannabis.

[Added 12-19-2018 by Ord. No. B-91; amended 6-17-2020 by Ord. No. B-267; 8-18-2021 by Ord. No. B-384; 10-20-2021 by Ord. No. B-396; 4-6-2022 by Ord. No. B-446; 5-4-2022 by Ord. No. B-460; 9-17-2025 by Ord. No. B-814]

The City of Hoboken hereby permits, by conditional use approval, Class 3 Wholesaler, Class 5 Retailer, Class 6 Delivery license and Medical Cannabis Dispensary permit operations in the designated commercial and industrial zones. Class 1 Cultivator, Class 2 Manufacturer, Class 4 Distributor license operations are not permitted.

Enabling authority. The requirements of this section are subject to the enabling authority of the State of New Jersey and are subject to compliance with all statutes and/or regulations adopted by the State of New Jersey or its instrumentalities. If any provision of this section is inconsistent with the statutes and/or regulations of the State of New Jersey, the state statutes and/or regulations shall govern.

General. Standards and guidelines set forth in this section shall supersede other requirements of the zone district in which the cannabis wholesaler, retailer, dispensary, or delivery business is to be located to the extent they are inconsistent with the requirements for cannabis wholesaler, retailers, medical cannabis dispensaries, or delivery business set forth herein. Where bulk regulations, parking requirements, or other provisions of the Zoning Code are not specifically stated, the underlying zoning standards and guidelines shall prevail.

Grandfathering. The owner/operator of a medical cannabis dispensary who wishes to sell personal use cannabis shall make a new application for the concurrent use and will be required to obtain approvals from the Cannabis Review Board and Planning Board as necessary in accordance with the terms of this section and the state law. Said application shall not be approved by the City until 12 months after final approval by the state to operate a medical dispensary, or as otherwise required by state law. If the concurrent use application is denied, it shall have no effect on their existing medical cannabis dispensary approval. New applicants may apply for one or both uses simultaneously. Previously approved medical dispensaries may apply for and obtain Cannabis Review Board and Planning Board approvals notwithstanding the number of other previously proposed or approved cannabis facilities within the City and any ward, and is exempt from the proximity limitations from other dispensaries or primary or secondary schools (as set forth in Subection I below). Where any such dispensary performs both medical cannabis dispensary operations and adult-use cannabis retailer operations at their existing facility, it shall constitute a single facility for purposes of calculating the City limit of six cannabis facilities and the ward limit of three cannabis facilities.

Required approvals. Prior to the operation of any cannabis wholesaler, retailer, medical cannabis dispensary or cannabis delivery service in the City of Hoboken the following shall be required:

A license or permit for each use must be obtained from the State of New Jersey Cannabis Regulatory Commission;

A letter of endorsement and community host agreement must be obtained from the Hoboken Cannabis Review Board;

A state and local consumption endorsement, if applicable, must be obtained pursuant to the N.J.S.A. 24-6I-21, N.J.S.A. 24:6I-42 and City of Hoboken regulations;

Site plan approval shall be obtained from the City of Hoboken Planning Board or Board of Adjustment, as the case may be;

A first certificate of zoning compliance shall be obtained along with all necessary building permits for build-out of the dispensary in accordance with the approved site plan; and

A final certificate of zoning compliance and certificate of occupancy must be issued.

Compliance requirements. A cannabis retailer, medical cannabis dispensary or delivery service established pursuant to this section shall, at all times, operate in complete compliance with the terms and conditions of its license(s) or permit issued by the State of New Jersey Cannabis Regulatory Commission, and any community host agreements made with the Hoboken Cannabis Review Board, including conditions imposed by the Cannabis Review Board, and/or conditions set forth in its site plan approval, and all applicable codes and standards set forth in state codes and the Municipal Code of the City of Hoboken.

Permitted zone districts and amount of licenses permitted. Cannabis retailers, medical cannabis dispensaries and cannabis delivery offices or dispatch facilities shall be permitted, as a conditional use, only in C-1, C-2 and C-4 commercial zone districts and in the I-1 and I-2 industrial zone districts as set forth in §§ 196-17 through 196-19. However, a maximum of six cannabis facilities/locations (medical and/or recreational) are permitted in the City as a whole, with a maximum of three permitted in each ward. One location with a license for both medical and adult use shall be considered one facility/location for the purpose of this section.

A cannabis retailer and medical cannabis dispensary may co-locate in a single facility or may be operated separately and independently of one another. Similarly, cannabis delivery operations may also co-locate with a cannabis retailer or dispensary. However, each business shall be licensed separately in accordance with Chapter 36 of the Municipal Code of the City of Hoboken.

Within the zones where they are permitted, there shall be a minimum of 500 feet between cannabis retail and/or medical cannabis dispensary locations, measured from the primary entrance of each location to the next; however, in no case shall a cannabis retailer or dispensary be located on the same block frontage as a primary or secondary school, nor shall it be located within 600 feet in all directions of any primary or secondary school or located directly adjacent to any early childhood learning facility, except that any approved medical cannabis dispensary that is seeking a retail license is exempt from the 600-foot distance from schools and adjacency to early childhood learning facilities requirement, but they will be required to obtain approval for the retail license from the Cannabis Review Board and Planning Board in accordance with the terms of this section. A standalone cannabis delivery business operating from an office location is not subject to this provision. Any cannabis dispensary that applied to the Cannabis Review Board prior to the effective date of the amendment setting forth the 600-foot distance from schools and adjacency to early childhood learning facilities requirement (April 28, 2022) shall be exempt from said requirement.

Hours of operation. It shall be unlawful for any person to dispense cannabis or cannabis products at a licensed cannabis retailer or medical cannabis dispensary within the City of Hoboken at any time other than between the hours of 8:00 a.m. and 10:00 p.m. daily. Hours of operation do not apply to cannabis delivery.

No cannabis retailer, medical cannabis dispensary, or cannabis delivery business shall operate as a home occupation as defined in Article II of this chapter.

No cannabis retailer or medical cannabis dispensary shall be housed in a vehicle or any movable or mobile structure. Only a cannabis delivery person or entity may operate by vehicle; use of an unmanned vehicle is prohibited.

Site plan approval; minimum requirements; performance standards.

Prior approval. A cannabis retailer, medical cannabis dispensary or cannabis delivery operator located within the City of Hoboken shall first obtain an endorsement from the Hoboken Cannabis Review Board.

Building use. A cannabis retailer or medical cannabis dispensary shall only be located on the ground floor (i.e., street level) of any building in which it has been approved to be located unless the cannabis retailer or medical cannabis dispensary occupies the entire building on the property. Any such cannabis retailer or medical cannabis dispensary shall be accessible directly from the right-of-way through a separate entrance, independent from any other retail or residential ingress to the building. Only a secured, one-way emergency exit from the establishment may be integrated with common egress. Offices for a cannabis delivery operation may be located anywhere, within the permitted zones, that professional offices are permitted.

Setback requirements. The cannabis retailer or medical cannabis dispensary shall comply with all setback or distance requirements established by the state and/or municipality and in effect at the time of application.

Product display and storage. No cannabis products or paraphernalia shall be visible from a public sidewalk, public street or right-of-way, or any other public place. All cannabis products shall be stored indoors and on-site.

Delivery vehicles associated with a licensed cannabis delivery service, cannabis retailer or medical cannabis dispensary shall not be parked on the street overnight.

Consumption. A "cannabis consumption area" means a designated location operated by a licensed cannabis retailer or permit holder for dispensing medical cannabis, for which both state and local endorsement has been obtained. In the City of Hoboken, consumption, if endorsed by the Cannabis Review Board, the Mayor and Council by resolution, and the Planning Board, shall be limited to an indoor, structurally enclosed area of the cannabis retailer or dispensary that is separate from the area in which retail sales of cannabis items or the dispensing of medical cannabis takes place. When permitted, the consumption area shall be ventilated as required for cigar lounges pursuant to the New Jersey Smoke-Free Air Act, P.L. 2005, c. 383 (N.J.S.A. 26:3D-55 et seq.; N.J.S.A. 26:3D-57). On-premises consumption in open-air or outdoor areas is prohibited.

Odor. A cannabis wholesaler, cannabis retailer or medical cannabis dispensary shall have equipment to mitigate cannabis-related odor. The building shall be equipped with a ventilation system with carbon filters sufficient in type and capacity to eliminate cannabis odors emanating from the interior of the premises. The carbon filters are required to be replaced regularly for the best effectiveness to mitigate odor. The ventilation system must be approved by the City of Hoboken Health Department and Building Department and may be subject to periodic inspection.

Noise. Outside generators and other mechanical equipment used for any kind of power supply, cooling or ventilation shall be enclosed and have appropriate baffles, mufflers, and/or other noise reduction systems to mitigate noise pollution. (See also Chapter 133, Noise Control.)

Security. All facilities associated with the sale or dispensing of cannabis, cannabis items and related products or services shall be secured and shall have full-time security protocols. Security protocols shall be submitted to the Hoboken Police Department for compliance review with all safety and security standards established by the State of New Jersey for medical cannabis dispensaries. The Hoboken Police Department may, at its discretion and upon review of the proposed location, recommend or require additional safety and security measures. At minimum, the following shall apply:

A video recording security system shall be employed covering all areas of the cannabis retailer or medical cannabis dispensary and the adjacent exterior of the building with a 24/7 recording system that records for a minimum thirty-day archive.

The Hoboken Police Department and Zoning Officer shall be provided the name and twenty-four-hour phone number of the responsible staff person to notify during suspicious activity or emergency.

Outside areas of the premises shall be well illuminated for safety and security, but not in a way that is counter to Code requirements for outdoor lighting and screening or obtrusive to pedestrians, drivers or other users of the public right-of-way.

§ 196-34 General development plan approval.

The premises and right-of-way adjacent to the cannabis retailer or medical cannabis dispensary shall be monitored by staff of the cannabis retailer or medical cannabis dispensary and kept free of loitering, litter and other debris, and the sidewalks shall be swept and cleaned on a regular basis.

(10)

Queuing. Queuing of customers outside a cannabis retailer or medical cannabis dispensary is prohibited. The cannabis retailer or dispensary shall have a sufficient waiting area inside the facility to accommodate customers, or shall provide a reservation service, phone/text notification service or other alternatives to waiting on the public right-of-way. Loitering is prohibited and shall be managed by the facility.

(11)

Parking. One parking space shall be provided for each five persons 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.

Penalty for violation. Any violation of the provisions of this section or the conditions of the zoning permit granted, inclusive of any agreements or conditions imposed by the Cannabis Review Board or Planning Board or Board of Adjustment, as the case may be, shall be punishable by a civil fine: minimum fine shall be $1,000; maximum fine shall be $2,500. Each day that a violation is committed, exists or continues shall be deemed a separate and distinct offense. In addition, ongoing or repeat offenses may result in suspension of the certificate of occupancy for a period to be determined by the Zoning Officer in consultation with the Cannabis Review Board. All violations will be reported to the State Cannabis Regulatory Commission or other designated state authority.

Suspension of use. If, for any reason, a location occupied by a cannabis retailer or medical cannabis dispensary becomes inactive or unoccupied by the approved operator for an uninterrupted period of six months or more, the conditional use approval for said premises may be suspended and the Zoning Officer shall issue a notice of suspension to the operator and to the owner of the property. Any subsequent application for use or occupancy of the premises as a cannabis retailer or medical cannabis dispensary, including reoccupation by the previous operator, shall be referred to the Cannabis Review Board and the original land use board of jurisdiction as a new application.

[Amended 11-17-1989 by Ord. No. P-87]

As authorized herein, application can be made for general development plan approval for an area in excess of 25 acres, in conformance with the procedures set forth in the Land Use Procedures Ordinance, § 44-8G, and pursuant to N.J.S.A. 40:55D-39C. General development plan approval shall provide increased flexibility to promote mutual agreement between the applicant and the Planning Board on the basic scheme of a planned development. The general development plan may include any of the following elements, subject to the waiver of any element or portion thereof by the Planning Board:

A general land use plan at a scale of one inch equals 200 feet, indicating the tract area, the general locations of land uses, the estimated land area to be occupied by each use, the maximum permitted number of dwelling units, the maximum overall residential density, the proposed types of nonresidential uses, the maximum amount of nonresidential floor space and an overall nonresidential floor area ratio.

A circulation plan showing the general location and types of transportation facilities, including a general plan for pedestrian access, within the planned development and a general description of proposed improvements to the existing transportation system outside of the planned development.

An open space plan showing the proposed land area and general location of parks and other land area to be set aside for conservation and recreation purposes and a general description of improvements to be made thereon, including a plan for the operation and maintenance of parks and recreational lands.

A utility plan indicating the need for and showing the proposed locations of sewage and waterlines, any drainage facilities necessitated by the physical characteristics of the site, proposed methods of handling solid waste disposal, a plan for the operation and maintenance of proposed utilities and any proposed improvements to the existing transportation system outside of the planned development.

A stormwater management plan, setting forth the proposed method of controlling and managing stormwater on the site.

An environmental inventory, including a general description of the vegetation, soils, topography, geology, surface hydrology, climate and cultural resources of the site, existing man-made structures or features and the probable impact of the development on the environmental attributes of the site.

A community facility plan indicating the scope and type of supporting community facilities which may include but not be limited to education or cultural facilities, historic sites, libraries, hospitals, firehouses and police stations.

A housing plan outlining the number of housing units to be provided and the extent to which any housing obligation assigned to the municipality pursuant to N.J.S.A 52:27D-301 et seq., will be fulfilled by the development.

A local service plan indicating those public services which the applicant proposes to provide and which may include but not be limited to water, sewer, cable and solid waste disposal.

(10)

A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by the City or school district as a result of the completion of the planned development. The fiscal report shall also include a detailed projection of property tax revenues which will accrue to the City and school district according to the timing schedule related to the development and following the completion of the planned development in its entirety.

(11)

A proposed timing schedule in the case of a planned development whose construction is contemplated over a period of years, including any terms or conditions which are intended to protect the interests of the public and of the residents who occupy any section of the planned development prior to the completion of the development in its entirety.

(12)

A municipal development agreement, which shall mean a written agreement between a municipality and a developer relating to the planned development.

In review of an application for general development plan approval, the Planning Board shall employ the criteria and requirements of § 196-27.1, Urban design review for planned development.

§ 196-35 Wireless telecommunications.

[Added 5-7-2003 by Ord. No. DR-91; 8-13-2003 by Ord. No. DR-105]

Purpose. The overall purpose of these ordinance provisions is to provide specific zoning conditions and standards for the location and operation of wireless telecommunications antennas and wireless telecommunications towers used for the transmission and reception of wave frequencies for the purposes of any wireless telecommunication (e.g., telephone, radio, paging and/or television communication within the City of Hoboken, which recognizes the need to safeguard the public good and preserve the intent and purposes of the City of Hoboken Master Plan and Zone Plan.

Overall objective. The overall objective of these ordinance provisions is to enable the location within the City of Hoboken of those antennas and towers which are necessary to provide adequate wireless communication services while, at the same time, limiting the number of supporting towers to the fewest possible and minimizing the impact of the antennas, accessory equipment, and supporting structures on residences, streetscapes, and view corridors throughout the municipality.

Specific goals.

To encourage the location of antennas upon, or within, existing structures, including existing buildings, existing wireless communication towers, existing water towers, and existing telephone and electric towers, especially those existing structures situated in nonresidential districts;

To encourage the configuration of telecommunication facilities in a manner that minimizes and mitigates any adverse impacts upon affected properties, streetscapes, and vistas through careful design, siting, screening, landscaping, and innovative camouflaging techniques;

To encourage the co-location of as many antennas as possible, of as many wireless telecommunication carriers as possible, on existing towers and other structures in nonresidential districts;

To discourage the construction of new towers;

To minimize the total number of wireless telecommunications towers and antennas within the City of Hoboken;

To discourage adverse impacts on scenic corridors and historic sites and districts;

To formulate and maintain, for land use planning purposes, a complete inventory of all wireless telecommunications antennas, towers, and related facilities within the City of Hoboken, and others in the vicinity of the City, which are capable of providing service within the municipality;

To enhance the ability of the carriers of wireless communications services who adhere to the specific requirements and intent of these ordinance provisions to provide such services quickly, effectively, and efficiently; and

To comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7), which preserves local government authority to enforce zoning requirements which protect public safety, public and private property, and community aesthetics.

Overall comprehensive plan. In order to effectuate the purposes, objectives, and goals of these ordinance provisions as noted hereinabove, any applicant to the City of Hoboken for approval to erect a wireless communication antenna, in addition to all other information required by this section, shall provide threshold evidence that the proposed location of the proposed antenna(s), and any proposed supporting tower and for ancillary cabinets or structures enclosing related electronic equipment, has been planned to result in the fewest number of tower locations within the City of Hoboken and the least possible impact on designated scenic corridors and historic sites and districts.

	The applicant shall provide an overall comprehensive plan indicating how it intends to provide full service throughout the City of Hoboken and, to the greatest extent reasonably possible, shall indicate how its plan specifically relates to and is coordinated with the needs of all other providers of wireless communication services within the around the municipality.
	More specifically, the overall comprehensive plan shall indicate the following:

Proof that the applicant is a licensed provider of cellular telecommunications services by the Federal Communications Commission and that all requisite franchises including, but not limited to, franchises from other communications carriers, have been obtained for provision of such services;

The mapped location and written description of all existing antennas and existing and approved supporting structures within one mile of the subject site;

The mapped location and written description of all existing or approved tall structures such as water towers, smokestacks and existing telephone or electric towers within one mile of the subject site;

How the proposed location of the proposed antenna(s) specifically relates to the suitability or unsuitability of such existing structures to be utilized to provide the intended wireless communication;

How the proposed location of the proposed antenna(s) specifically relates to the anticipated need for additional antennas and supporting structures within and near the City of Hoboken by the applicant and by other providers of wireless communication services within the City of Hoboken;

How the proposed location of the proposed antenna(s) specifically relates to the overall objective of providing full wireless communication services within the City of Hoboken while, at the same time, limiting the number of supporting towers to the fewest possible through the use of co-location, through the use of alternate technologies which do not require the use of towers, or through the use of existing structures; and;

How the proposed location of the proposed antenna(s) specifically relates to the objective of minimizing the impact of the antennas, accessory equipment, and supporting structures on residences, streetscapes, and view corridors throughout the municipality.

Location priorities. Based upon the overall comprehensive plan submitted by the applicant, hereinabove, if the City of Hoboken determines the proposed antenna(s) to be needed for closing significant gaps in wireless communication services within the City, utilizing the fewest number of towers as reasonably possible and locating on existing structures where reasonably possible:

Wireless communication antennas shall be permitted as accessory uses on existing structures except for public school buildings and public school sports facilities, at the following prioritized locations: (note that were location is intended for a government or agency owned building, it is so stated below)

The first priority location shall be co-location on an existing wireless telecommunication tower or other similar existing structure within the I-1 or I-2 zoning district but not including the Northwest Redevelopment Area;

The second priority location shall be an existing nonresidential building within the I-1 or I-2 zoning district but not including the Northwest Redevelopment Area;

The third priority location shall be an existing building within the I-1 or I-2 zoning district (but not including the Northwest Redevelopment Area), owned by the municipality (whether directly or through its agencies) or any other governmental agency;

The fourth priority location shall be an existing nonresidential building within the CBD zoning district, provided that the proposed building shall be no less than 50 feet in height as measured to the top of the roof slab;

The fifth priority location shall be an existing residential building within the CBD zoning district other than those previously listed, provided that the proposed building shall be no less than 50 feet in height as measured to the top of the roof slab;

The sixth priority location shall be an existing building in the CBD or R zoning districts or Northwest Redevelopment Area, owned by the municipality (whether directly or through its agencies) or any other governmental agency provided that the proposed building shall be no less than 50 feet in height as measured to the top of the roof slab in the CBD zoning district and no less than 40 feet in height in the R zoning district or Northwest Redevelopment Area;

The seventh priority location shall be any existing nonresidential building within the R zoning districts or Northwest Redevelopment Area, provided that the building shall be no less than 40 feet in height as measured to the top of the roof slab; and

The eighth priority location shall be any existing residential building within the R zoning districts or Northwest Redevelopment Area provided that the building shall be no less than 40 feet in height as measured to the top of the roof slab.

The ninth priority location shall be any existing building within the I-1(W) and W zoning districts including the South Waterfront Redevelopment Area, provided that the building shall be no less than 80 feet in height as measured to the top of the roof slab.

New wireless telecommunication towers along with the antennas and equipment facilities associated with such new towers shall be permitted as principal uses in the I-1 and I-2 industrial zoning districts, provided that:

Co-location shall be required for no less than three carriers and a letter of intent by the applicant to meet the co-location requirement shall be provided to the Planning Board; and

All of the separation distance, area, setback, height, and design criteria requirements listed herein shall be met.

Any wireless communication antenna in the Historic District shall be subject to review by the Historic District Commission whose written recommendations shall be transmitted to the Planning Board prior to the Planning Board's hearing on the subject matter.

Separation distance requirements. The following separation distance requirements shall apply to new wireless telecommunication towers:

Minimum distance from existing or proposed residential buildings 500 feet.

Minimum distance from any historic district line or designated site (national or state register): 500 feet.

Minimum distance between towers: 1,500 feet.

Area and setback requirements.

Where a proposed antenna(s) will be attached to an existing building or an existing or approved tower or structure, no land area shall be required in addition to the land area upon which the existing structure is situated; or

Where a new wireless telecommunication tower is proposed:

No tower structure shall be permitted within 25 feet of any street line, or any existing or proposed property line (this prohibition does not apply to ancillary equipment cabinets); and

Setback areas adjacent to street lines and side lot lines shall be landscaped as required below (See subsection I(2)(e)).

Maximum height.

For a proposed antenna:

The maximum height of any proposed antenna extending above the roof slab of any existing building or existing structure shall be the minimum height necessary for the proposed installation to satisfactorily operate (See subsection I(1)(e) below); and

The maximum height of any proposed rooftop antenna and/or equipment cabinet(s) shall not exceed the height of the tallest accessory rooftop structure such as a stair or elevator housing, provided that no equipment cabinet shall be located on the rooftop of any building less than 60 feet in height.

In no event shall any rooftop installation extend more than eight feet above the roof slab.

For a proposed wireless telecommunication tower: maximum height shall not exceed 100 feet.

Design criteria. All applications for wireless communication antennas shall adhere to the following design criteria:

For location on an existing building or structure:

Microcell antenna(s) located on an existing building shall be surface-mounted on the building facade so as to blend in with the architectural features of the building.

Antenna(s) and supporting electrical and mechanical equipment applied to the side of a building shall be of a neutral color that matches, as closely as possible, the background color of the facade on which it is mounted so as to make the antenna(s) and related equipment as visually unobtrusive as possible.

Antenna(s) placed on a rooftop shall be set back as far as possible from the edge of the roof and clustered to the greatest extent possible around existing rooftop appurtenances.

All cable and/or wiring that must run across the facade shall be located along architectural features that help to make such cables as visually unobtrusive as possible.

All ancillary electronic and mechanical equipment shall be housed within an enclosed area inside the existing building (evidence must be presented to document why such a location may not be possible); in the alternative, equipment may be located on the rooftop of the building provided;

The height of rooftop equipment facilities shall not exceed the height of the tallest accessory rooftop structure such as a stair or elevator housing, and shall be fully enclosed by Stealth screening in a color which will match those of the existing rooftop accessory structures as closely as possible, such that the total of all rooftop appurtenances including the subject equipment does not exceed 30% of the roof area; and

Documentation by a qualified expert that any existing structure will have sufficient structural integrity to support the proposed antennas and ancillary equipment shall be provided to the Planning Board.

Any additional public utility lines and/or cables deemed necessary for the operation of the proposed antenna facility shall be located underground. The applicant shall provide documentation to the Planning Board as to the necessity of the additional lines.

No signage shall be permitted that is visible from adjacent properties or from the public right-of-way.

For a new wireless telecommunication tower:

Any proposed new tower shall be a monopole. Antennas shall be applied to the interior of the monopole or, if applied to the exterior of the monopole, they shall be flush-mounted.

Unless otherwise required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC), all towers shall be either constructed of a neutrally colored material or painted a neutral color so as to reduce the visual obtrusiveness. All applicable FAA or FCC standards regarding color or materials that may apply to the proposed tower shall be provided to the Planning Board.

No lighting is permitted on a tower except lighting that is specifically required by the FAA and any such required lighting shall be focused and shielded, to the greatest extent possible, so as not to project towards adjacent and nearby properties. All applicable FAA standards regarding lighting that may apply to the proposed tower shall be provided to the Planning Board.

All ancillary electronic and other equipment shall be located within a building or enclosed structure which structure shall meet the following design criteria:

Regardless of the number of wireless communication service providers located on the site, there shall be a maximum of one structure enclosing the required electronic equipment, which structure shall not exceed 12 feet in height nor more than 400 square feet in area.

The enclosed structure shall use materials, textures, and colors that together with required screening and landscaping will cause it to blend into the natural setting and surroundings, to the greatest extent possible.

Provision for co-location of equipment shall be incorporated into the design of the building/structure.

Electronic equipment shall be designed in such a way so as not to interfere with any public safety communication.

All equipment shall be automated so that, to the greatest extent possible, the need for on-site maintenance and associated vehicular trips to and from the site will be minimized.

[6]

Lighting shall be limited to a single light at the entrance to the building, which shall be focused downward.

Landscaping shall be provided to screen the tower and any building or structure used to house ancillary equipment from any public street or residential dwelling unit or residential zoning district in accordance with the following:

Required landscaping shall consist of sufficient density of evergreen planting to effectively screen the view of the tower base and, in addition, sufficient other plantings which may consist of a combination of shrubs and deciduous trees to screen the tower and enhance the appearance of, to the maximum extent reasonably possible, from any surrounding residential properties and from any public street.

Any newly planted evergreen trees shall be at least eight feet high at the time of planting and any newly planted deciduous trees shall be a minimum caliper of 3.5 inches at the time of planting.

No signage shall be permitted except "warning" and/or equipment information signs as deemed necessary or as required by state and/or federal regulatory agencies for safety purposes and are specifically approved by the Planning Board.

Minimal off-street parking shall be permitted as needed to provide maintenance at the site and as specifically approved by the Planning Board.

No antenna shall be located on any tower in order to provide noncellular telephone service; such service shall be provided via existing telephone lines if available to the site or by the underground extension of telephone lines to the site if necessary.

Any new tower shall be located behind existing buildings in order to screen the tower's base from being visible from adjacent properties and from any street right-of-way to the greatest extent possible.

Towers shall be enclosed by security fencing consisting of eight-foot high one inch chain link "nonclimbable" mesh which shall be fully screened by the required landscaping.

(j)

Radio frequency emissions.

Applicants shall provide current FCC information concerning wireless telecommunication towers and Radio Frequency (RF) emission standards to the Planning Board, whenever applicable. Upon documentation by a qualified expert, proposed wireless communication antenna projects, which meet the current FCC standards shall not be conditioned or denied on the basis of RF impact.

If the FCC adopts a superseding emission standard, such new standard shall be controlling and become effective as directed in the FCC rulemaking. In such event, the applicant shall, within 45 days of the superseding emission standard's effective date, submit to the approving authority documentation of compliance with the superseding emission standard. Failure to submit such documentation shall result in a declaration by the approving authority that the equipment is no longer operative and the removal provisions stated below shall apply.

Removal of abandoned/obsolete antennas and towers.

Any wireless communication antenna facility not used for its intended and approved purpose for a period of one year shall be considered "no longer operative and shall be removed by the responsible party within 60 days thereof.

GROUND-MOUNTED INSTALLATION

In addition to the regular application fee, the applicant (or landowner in the instance of leased property) shall provide a performance bond that will cause the antennas, any supporting tower, associated equipment cabinets, any building enclosing associated equipment cabinets, and all other related improvements to the land to be removed, at no cost to the City, when the antennas are no longer operative. The amount of the performance bond shall not be less than 120% of the cost (as determined by the City Engineer at the time of application) of such demolition, removal, and restoration of the site to a state required under all applicable City ordinances, including, but not limited to, the City property maintenance code.

§ 196-35.1 Solar installation.

[Added 1-5-2011 by Ord. No. Z-78]

Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

ARRAY

A linked collection of photovoltaic modules which are in turn made of multiple interconnected solar cells.

Installations that are freestanding or attached to framework that is at grade.

NONHABITABLE BUILDING INSTALLATION

Includes but is not limited to shade structures, carports, solar trellises, and the like.

PHOTOVOLTAIC (PV)

Capable of producing a voltage, usually through photoemission, when exposed to radiant energy, especially light. Collectively used to refer to "solar panels."

SOLAR ENERGY SYSTEM

A complete design or assembly consisting of a solar energy collector, and energy storage facility (where used), and components for the distribution of transformed energy.

Roof installation.

Installation type shall meet or exceed the minimum design load for wind speeds established by the American Society of Civil Engineers (ASCE) for Hoboken, New Jersey, of 110 miles per hour.

A ten-foot setback is required from any frontage that is accessible from the public right-of-way by a fire department aerial ladder truck, except:

Buildings over 75 feet are exempt from the setback requirements.

Corner buildings where access to one frontage is obstructed by electrical lines, utility poles or other immovable objects shall provide a ten-foot setback on the frontage side that is least encumbered.

Three feet of clearance must be provided around all fire escape ladders and/or other points of emergency access.

Installations on a flat roof shall not exceed six feet in height above the surface of the roof.

Access and spacing requirements shall be observed in order to ensure safe passage for egress from the roof, maintenance of equipment and to provide smoke ventilation opportunity areas.

No solar photovoltaic array or related equipment shall be attached to a common or adjoining exterior wall between two buildings.

Remote disconnect. Direct current circuits shall be equipped with a means for remote disconnect located downstream from the photovoltaic array. Control of the remote disconnect shall be located within five feet of the building's main electrical panel and shall meet all requirements of the New Jersey Electrical Code.

For installation on a multiple ownership or condominium building, a letter from the owners' association stating its complicity shall be required.

Nonhabitable building installation.

Nonhabitable building installations include but are not limited to shade structures, carports, solar trellises, and the like.

Nonhabitable solar array structures shall not be applied as lot coverage; however, no lot shall be covered more than 85% by structures including solar.

Minimum standards for installation shall be the same as for roof installations. [See Subsection B(1) and (2).]

Ground-mounted installation.

Setback requirements do not apply to ground-mounted, freestanding photovoltaic arrays, except as stated in Subsection D(3) below.

Ground-mounted arrays shall not be applied as lot coverage; however, no lot shall be covered more than 85% by structures including solar.

Ground-mounted installations exceeding six feet in height as measured from grade shall be set back from any lot line two feet for each additional foot in height.

Signage requirements.

Marking is needed to provide emergency responders with appropriate warning and guidance with respect to isolating the solar electric system. This will facilitate identifying energized electrical lines that connect the solar panels to the inverter, as these should not be cut when venting for smoke removal.

All signs shall be made of reflective weather-resistant material suitable for the environment; UL 969 shall be used as a standard for weather rating. All "caution" signs shall have a red background with white lettering, a minimum letter height of 1/2 inch and all capitals in Arial or similar font, unless otherwise specified. The "PV" sign shall be of the same color and weather-resistant material, but shall be five feet by five feet square and shall have a letter height of three inches.

PV. Signage signifying the presence of a solar photovoltaic array shall be posted at the main entry door of the structure and at all other points of access to the roof.

CAUTION: SOLAR ELECTRICAL SYSTEM CONNECTED. For residential applications, the marking may be placed within the main service disconnect. If the main service disconnect is operable with the service panel closed, then the marking shall be placed on the outside cover. For commercial applications, the marking shall be placed adjacent to the main service disconnect in a location clearly visible from the location where the lever is operated.

CAUTION: SOLAR ELECTRIC CIRCUIT. Marking is required on all interior and exterior DC conduit, raceways, enclosures, cable assemblies and junction boxes to alert emergency responders to avoid cutting them. Markings shall be placed every 10 feet, at turns and above and/or below penetrations, and at all DC combiner and junction boxes.

CAUTION: SOLAR CIRCUIT DISCONNECT. Signage shall be located immediately next to the remote disconnect control.

CAUTION: SOLAR ARRAY DISCONNECT. Signage shall be located immediately next to, or on, the array disconnect.

Approval and permitting.

No installation of solar energy systems shall be permitted without a first certificate of zoning compliance and a building permit.

The Zoning Officer is hereby authorized to issue first certificates of zoning compliance for the purposes of erecting or maintaining solar energy systems.

For site plans falling outside of the parameters expressly set forth herein, the Zoning Officer shall issue a denial of zoning compliance and shall refer the application to the Planning Board for review.

The Construction Official shall issue the necessary building permit(s), provided that:

All safety and installation requirements listed in Subsection B or C above have been met; and

All Uniform Construction Code (UCC) provisions as set forth in N.J.A.C. 5:23 et seq., and National Fire Protection standards (NFPA), have been met.

Location in Historic District. In the event that an application is made pursuant to the terms of this article for premises that are located in the Hoboken Historic District, or on a designated historic site or structure, approval must be obtained from the Hoboken Historic Preservation Commission (HPC). Applicants shall submit preliminary plans to the Zoning Officer for review, and, if appropriate, a letter of pending approval shall be issued by the Zoning Officer to the HPC, prior to its review. Upon approval by the HPC, a first certificate of zoning compliance shall be issued, and construction permits may be sought from the Building Department.

Enforcement; violations and penalties.

The Construction Official, Fire Code Official and Zoning Officer of the municipality are authorized to investigate suspected violations of any subsection of this section and pursue enforcement activities.

Violation of any provision of this section shall be cause for the revocation of the first certificate of zoning compliance and/or construction permit(s).