[Amended 5-19-1982 by Ord. No. C-212; 6-21-1989 by Ord. No.
P-58; 4-21-1999 by Ord. No. R-378; 5-7-2003 by Ord. No. DR-91; 8-15-2012 by Ord. No.
Z-196; 11-13-2012 by Ord. No. Z-2208-15-2018 by Ord. No. B-59; 12-19-2018 by Ord. No. B-91; 3-6-2019 by Ord. No. B-107; 5-1-2019 by Ord. No. B-133; 6-19-2019 by Ord. No. B-150; 1-15-2020 by Ord. No. B-219; 3-18-2020 by Ord. No. B-240; 3-5-2020 by Ord. No. B-241; 6-17-2020 by Ord. No. B-2679-2-2020 by Ord. No. B-287]
A.
Districts. Commercial zones in the City of Hoboken are separated
into four distinct districts. The defined boundaries of these districts
are depicted on the adopted Commercial District Map attached hereto
and made a part hereof.[1] The districts shall be identified as follows:
(1)
C-1: Hoboken Terminal District. The C-1 District is concentrated
around the transit hub, including full blocks 210, 210.01, 211, 211.01,
212.01, 222, 223, 224, 225, 226, 230, 231.01, and Block 198, Lot 23.01.
(2)
C-2: Central Business District. The C-2 District encompasses:
(3)
C-3: Neighborhood Business District. The C-3 District shall include:
(a)
The west side of Washington Street from Seventh Street to Fourteenth
Street;
(b)
Both sides of First Street from Bloomfield Street west to Harrison
Street;
(c)
Block 200, Lots 1, 2 and 35;
(d)
Block 187, Lots 13.01 and 13.02;
(e)
Both sides of Fourteenth Street from Hudson Street west to Clinton
Street, excluding designated redevelopment and rehabilitation areas
as of the date of the enactment of this amendment; and
(f)
The east side of Jackson Street from Third Street to Seventh
Street.
(4)
C-4: Hospital District. The C-4 District includes Block 53, all lots.
[1]
Editor's Note: Said map is on file in the City offices.
B.
Purpose and applicability.
(1)
Purpose. The purpose of the commercial districts is to support a
variety of commercial uses ranging from high-intensity office, retail
and entertainment uses and hospital uses to low-intensity neighborhood
services. This section expands the areas where commercial uses are
permitted with the intent to develop new economic opportunity and
diversity, stabilize commercial rents, ensure the ongoing availability
of acute-care health services, create jobs, and improve local access
to services.
(a)
The purpose of the C-1 Hoboken Terminal District is to promote
economic job growth and a healthy business environment closest to
New Jersey's second busiest transit hub. The high density of businesses,
entertainment, jobs, and recreational and social opportunities within
the compact terminal district serve to increase transit ridership
and decrease automobile dependency and automobile-related congestion
and pollution; all core principles of transit-oriented development.
The C-1 District is the City's gateway for residents and visitors
entering Hoboken by mass transit;
(b)
The purpose of the C-2 Central Business District is to promote
and maintain Hoboken's thriving Main Street and core downtown shopping
district. This includes the expansion of the previously designated
Central Business District, adopting new uses not previously recognized,
and providing specific guidance to efficiently facilitate the approval
process for new businesses; and
(c)
The purpose of the C-3 Neighborhood Business District is to
provide a range of shopping, goods and convenience services that cater
largely to residents in the surrounding neighborhood. Businesses in
this new district will be smaller in scale and of a lower intensity
than those permitted in the C-1 and C-2 Districts.
(d)
The purpose of the C-4 Hospital District is to stabilize the
existing acute care general hospital and accessory uses and provide
for new enhanced medical services and facilities to serve the City,
its residents, and surrounding communities. The City of Hoboken has
determined that the presence and operation of an acute care general
hospital within the City is essential for the public health and general
welfare of the citizens of Hoboken and the surrounding communities
and has further determined that it is the specific intent and purpose
of the C-4 Hospital District to ensure such presence and operation.
The City of Hoboken, while recognizing the importance of all types
of health care facilities, has specifically determined that a compelling
justification exists in ensuring the continued existence of an acute-care
hospital on Block 53 for the health and well-being of the residents
of the City and surrounding communities and that the COVID-19 pandemic
has underscored the vital importance of an acute care general hospital
to the community.
(2)
Applicability.
(a)
This section and the provisions herein shall apply only to properties
located with commercial districts as shown on the Commercial District
Map attached hereto and made a part hereof.
(b)
This section is not intended to contradict, abrogate or annul
other rules, regulations or ordinances governing land use within the
City of Hoboken.
(c)
This section shall not apply to, be construed to limit in any
way, or supersede the requirements established for other City of Hoboken
zones, districts or overlays.
(d)
The provisions of this section in relation to any applicable
overlay, such as the Historic District Overlay, shall apply and be
interpreted to be cumulative and not superseding in application.
(e)
Pursuant to N.J.S.A. 40:55D-68, any nonconforming use or structure
existing at the time of the passage of an ordinance may be continued
upon the lot or in the structure so occupied, and any such structure
may be restored or repaired, and the use continued as before, in the
event of partial destruction thereof.
C.
Historic preservation. Any alteration, renovation, or maintenance work to be performed affecting the exterior appearance or the structural integrity of any building located within a locally designated historic district as identified in Chapter 42, Historic Preservation, § 42-18, of the Code of the City of Hoboken or any national, state or locally designated landmark or site shall be subject to Hoboken Historic Preservation Commission review and approval pursuant to Chapter 42, Article V, Standards for Review, prior to such work commencing.
D.
Bulk regulations.
(1)
C-1 Hoboken Terminal District bulk standards:
(a)
Lot area, minimum: as existing; 5,000 square feet ("sf") for
new subdivision.
(b)
Lot width, minimum: as existing; 50 feet for new subdivision.
(c)
Lot depth, minimum: as existing; 100 feet for new subdivision.
(d)
Building height, maximum: 60 feet and/or five stories; ten-foot
step-back above prevailing height of adjacent buildings and which
maintains existing roof/cornice line.
(e)
Lot coverage, maximum: 80% ground floor; 60% upper floors.
(f)
Front yard setback: zero feet or prevailing where applicable.
On a lot with less than 50 feet of frontage between two existing buildings
that both have a front yard setback greater than zero feet but equal
to or less than 10 feet, a new structure shall match the lesser setback
of the two adjacent buildings. Where the lot frontage is 50 feet or
more, or where there are no adjacent buildings, or where the adjacent
buildings are set back from the adjoining side lot lines, a new structure
may match the lesser adjacent setback or be zero feet. No new structure
shall be set back more than 10 feet from the front lot line.
(g)
Side yard setback: as existing; zero feet or five feet for new
construction.
(h)
Rear yard setback, minimum: as existing; 20% for new construction
or expansion of the existing structure.
(i)
Density factor, maximum: in accordance with use conditions set
forth herein.
(2)
C-2 Central Business District bulk standards:
(a)
Lot area, minimum: as existing; 2,000 square feet for new subdivision.
(b)
Lot width, minimum: as existing; 20 feet for new subdivision.
(c)
Lot depth, minimum: as existing; 100 feet for new subdivision.
(d)
Building height, maximum:
[1]
Principal building, five stories, not to exceed 52 feet above
average grade. Minimum floor-to-floor height of 10 feet for residential
floors and 12 feet for commercial floors.
[2]
Accessory buildings, where applicable, on through lots on the
east side of Washington Street that front on both Washington Street
and Court Street: 30 feet above average grade, not to exceed one dwelling
over grade-level parking or another permitted use.
(e)
Lot coverage, maximum: principal building: 60%; except for through
lots on the east side of Washington Street that front on both Washington
and Court Streets, then 60% on the principal building fronting on
Washington Street and 20% on the Court-Street-fronting building.
(f)
Front yard setback: zero feet or matching the setback of adjoining
principal structures on either side.
(g)
Side yard setback: zero feet.
(i)
Density factor, maximum: lot area divided by 330, rounded to
the nearest whole number calculated to the thousandth place. Court
Street: add one unit of density for the additional dwelling unit.
(3)
C-3 Neighborhood Business District bulk standards:
(a)
Lot area, minimum: as existing; 2,000 square feet for new subdivision.
(b)
Lot width, minimum: as existing; 20 feet for new subdivision.
(c)
Lot depth, minimum: as existing; 100 feet for new subdivision.
(d)
Building height, maximum: four residential floors over one grade
level commercial floor, not to exceed 52 feet above average grade.
For residential-only buildings: 40 feet above average grade or DFE,
whichever is higher. Minimum floor-to-floor height of 10 feet for
residential floors and 12 feet for commercial floors.
(e)
Lot coverage, maximum: 60%.
(f)
Front yard setback: zero feet.
(g)
Side yard setback: zero feet.
(h)
Rear yard setback, minimum: 40%.
(i)
Density factor, maximum: lot area divided by 500, rounded to
the nearest whole number calculated to the thousandth place plus commercial
unit(s).
(4)
C-4 Hospital District bulk standards:
(a)
Lot area, minimum: 85,000 square feet.
(b)
Lot width, minimum: 425 feet.
(c)
Lot depth, minimum: 200 feet.
(d)
Building height, maximum: as existing; 100 feet to finished
roof, 120 feet including rooftop equipment over 70% of the buildable
lot area: 70 feet to finished roof, 85 feet including rooftop equipment
over 20% of the buildable lot area; and 25 feet to finished roof over
10% of the buildable lot area.
(e)
Lot coverage, maximum: as existing; if hospital use is abandoned
and the existing structures razed, subject to demolition approval,
then lot coverage shall be 60%.
(f)
Front yard setback: as existing; zero feet for new construction.
(g)
Side yard setback: zero feet.
(h)
Rear yard setback: as existing; 40% if demolition and new construction.
(i)
Density factor: not applicable to hospital and hospital related
facilities.
E.
Uses. The Use Table below sets forth the uses that are either permitted (denoted as P), or conditional (denoted as C) in the C1, C2 and C3 commercial districts. Permitted uses may be approved at the discretion of the Zoning Officer, provided he or she is satisfied that the "General Guidelines Applicable to All Uses" and "Standards for Specific Uses "identified in Subsections F and G herein, will be met. Conditional uses, because of inherent characteristics and potential impact on the surrounding area, shall be subject to a public hearing before the Planning Board. Conditional uses must, at minimum, satisfy the "General Guidelines Applicable to All Uses" and "Standards for Specific Uses" identified herein and shall comply with any additional conditions of approval imposed by the Planning Board, at its discretion, to protect the health, safety and general welfare of residents, visitors, the surrounding area and the City of Hoboken. Any use excluded from a commercial district or not listed in the Use Table shall not be permitted except by obtaining a use variance as approved by the Board of Adjustment. For uses in the C4 District, see § 196-19D(4)(j) above.
[Amended 8-18-2021 by Ord. No. B-384; 4-6-2022 by Ord. No. B-446; 8-23-2023 by Ord. No. B-590]
|
Use Table
|
C-1
|
C-2
|
C-3
|
C-4
|
|---|---|---|---|---|
|
Buildings*:
| ||||
|
Residential Buildings
|
—
|
C
|
P
| |
|
Commercial Buildings
|
P
|
C
|
—
|
—
|
|
Hospitals
|
—
|
—
|
—
|
P
|
|
Hotels
|
C
|
—
|
—
|
—
|
|
Mixed-Use Buildings
|
C
|
P
|
P
|
—
|
|
Civic Buildings, Government Offices, Parks & Public Facilities
|
P
|
P
|
P
|
—
|
|
Retail Businesses & Services*:
| ||||
|
Animal, Boarding and Day Care
|
C
|
C
|
C
|
—
|
|
Animal, Grooming
|
P
|
P
|
C
|
—
|
|
Animal, Veterinary Services
|
P
|
P
|
C
|
—
|
|
Banks
|
P
|
P
|
C
|
—
|
|
Bakeries
|
P
|
P
|
P
|
—
|
|
Beer, Wine and Liquor Stores (Type 44 ABC License)
|
P
|
P
|
P
|
—
|
|
Body Art Establishments
|
P
|
P
|
C
|
—
|
|
Book Stores and Libraries
|
P
|
P
|
P
|
—
|
|
Business Service Centers; i.e., tech services, printing, copy
services
|
P
|
P
|
P
|
—
|
|
Cannabis Delivery; Office
|
C
|
C
|
—
|
C
|
|
Cannabis Retailers
|
C
|
C
|
—
|
C
|
|
Catering; Commercial Kitchen
|
P
|
C
|
C
|
—
|
|
Childcare Facilities
|
P
|
P
|
P
|
—
|
|
Child Recreation Facilities and Services
|
P
|
P
|
C
|
—
|
|
Clothing Stores
|
P
|
P
|
P
|
—
|
|
Confectionery Stores
|
P
|
P
|
P
|
—
|
|
Cosmetic and Beauty Supply Stores
|
P
|
P
|
P
|
—
|
|
Educational Tutoring and Exam Prep
|
P
|
P
|
P
|
—
|
|
Florists
|
P
|
P
|
P
|
—
|
|
Food Stores: Convenience
|
P
|
P
|
P
|
—
|
|
Food Stores: Supermarkets
|
C
|
C
|
C
|
—
|
|
Footwear and Leather Goods Repair
|
P
|
P
|
P
|
—
|
|
Furniture and Upholstery Repair
|
C
|
C
|
C
|
—
|
|
Galleries and Art Dealers
|
P
|
P
|
P
|
—
|
|
Gift, Novelty and Souvenir Stores
|
P
|
P
|
P
|
—
|
|
Hair Salons and Barber Shops
|
P
|
P
|
P
|
—
|
|
Hobby, Toy and Game Stores
|
P
|
P
|
P
|
—
|
|
Home Furnishings
|
P
|
P
|
P
|
—
|
|
Jewelry Stores
|
P
|
P
|
P
|
—
|
|
Laundry and Dry Cleaning (drop-off only)
|
P
|
P
|
P
|
—
|
|
Meat, Fish and Seafood Markets
|
P
|
P
|
P
|
—
|
|
Medical Cannabis Dispensaries
|
C
|
C
|
C
|
C
|
|
Music Stores; prerecorded, instruments and supplies
|
P
|
P
|
P
|
—
|
|
Nail Salons
|
P
|
P
|
P
|
—
|
|
Office Supply and Stationary Stores
|
P
|
P
|
P
|
—
|
|
Opticians and Vision Services
|
P
|
P
|
P
|
—
|
|
Other General Merchandise Stores
|
P
|
P
|
P
|
—
|
|
Paint and Hardware Stores
|
P
|
P
|
P
|
—
|
|
Pet Supply Stores (no live animals)
|
P
|
P
|
P
|
—
|
|
Pharmacies and Drug Stores
|
P
|
P
|
P
|
—
|
|
Photographic Studios
|
P
|
P
|
P
|
—
|
|
Places of Worship
|
C
|
C
|
C
|
—
|
|
Postal Services
|
P
|
P
|
P
|
—
|
|
Prepared and Specialty Food Stores
|
P
|
P
|
P
|
—
|
|
Private Schools
|
C
|
C
|
C
|
—
|
|
Spas
|
P
|
P
|
P
|
—
|
|
Shoe Stores
|
P
|
P
|
P
|
—
|
|
Smoke Shops
|
C
|
C
|
—
|
—
|
|
Sporting Goods Stores
|
P
|
P
|
P
|
—
|
|
Tailoring and Alteration Shops
|
P
|
P
|
P
|
—
|
|
Commercial Recreation*:
| ||||
|
Arcades, Game and Internet Cafes
|
C
|
C
|
—
|
—
|
|
Bar: Class I
|
C
|
C
|
—
|
—
|
|
Bar: Class II
|
P
|
C
|
C
|
—
|
|
Billiards/Pool Halls
|
C
|
—
|
—
|
—
|
|
Bowling Centers
|
C
|
—
|
—
|
—
|
|
Event Spaces
|
C
|
—
|
—
|
—
|
|
Health Clubs; low-impact gyms, yoga studios, rehab facilities
|
P
|
P
|
P
|
—
|
|
Indoor Fitness Facilities; high-impact courts (i.e., tennis,
basketball), pools, climbing gyms, alternative gyms (i.e., cross-fit,
boxing), batting cages, mini-golf, golf simulators, and similar
|
C
|
C
|
—
|
—
|
|
Meeting and Convention Facilities
|
C
|
—
|
—
|
—
|
|
Movie and Performing Arts Theaters
|
C
|
C
|
C
|
—
|
|
Private/Membership Clubs
|
—
|
—
|
C
|
—
|
|
Restaurant: Class I
|
P
|
C
|
—
|
—
|
|
Restaurant: Class II
|
P
|
C
|
C
|
—
|
|
Restaurant: Class III
|
P
|
P
|
C
|
—
|
|
Restaurant: Class IV
|
P
|
P
|
P
|
—
|
|
Professional Facilities*:
| ||||
|
Artist Studio and Work spaces
|
P
|
P
|
C
|
—
|
|
Clinics, Laboratories and Diagnostic Imaging Centers
|
P
|
P
|
C
|
P
|
|
Medical and Dental Offices
|
P
|
P
|
P
|
P
|
|
General Business and Professional Offices
|
P
|
P
|
P
|
—
|
|
Rehabilitation Facilities/Centers
|
—
|
—
|
—
|
C
|
|
Nursing Homes
|
—
|
—
|
—
|
C
|
|
Shared Office Facilities
|
P
|
P
|
P
|
—
|
|
Vocational and Trade Schools, Other Instructional and Training
Facilities
|
C
|
C
|
C
|
—
|
|
Other*:
| ||||
|
Accessory uses customarily incident to a principal permitted
use and located on the same lot
|
P
|
P
|
C
|
C
|
|
NOTES:
| |
|---|---|
|
*
|
All uses are subject to general guidelines applicable to all
uses.
|
|
P:
|
Permitted use.
|
|
C:
|
Conditional use, requiring compliance with design standards
and Planning Board or, as applicable, Board of Adjustment approval.
The symbol "—" in the use field indicates a use that is
not allowed in that zone without obtaining a use variance from the
Board of Adjustment.
|
F.
General guidelines applicable to all uses.
(1)
Unless otherwise restricted, the hours of operation for any commercial
use, including retail businesses or services, recreational facilities
and offices, but excluding hospitals, shall not exceed 18 hours within
any twenty-four-hour period. Any business, except hospitals, wishing
to operate 24 hours a day shall be subject to conditional use review
and approval from the Planning Board or, as applicable, the Board
of Adjustment.
(2)
Permitted commercial uses located in the C-3 District shall not exceed 1,200 square feet of gross floor area. Commercial uses in C-3 that exceed 1,200 square feet shall be considered conditional uses subject to review and approval by the Planning Board or, as applicable, the Board of Adjustment. See Subsection G(17) below.
(3)
Residential and nonresidential uses in a mixed-use building shall
have entrances that are separate and independent of one another. No
commercial use may obstruct, in any way, the residential ingress and
egress.
(4)
Commercial uses, as identified in the Use Table in § 196-19E, in a mixed-use building may occupy the basement and the first and second floors, provided there is no residential occupancy below the commercial use. Commercial uses may also occupy a cellar in a mixed-use building, provided that the property is not located in an area of special flood hazard pursuant to Chapter 104 of the City Code and the use of the cellar space is approved by the City's Construction Official (to ensure compliance with, e.g., proper ingress and egress routes and Americans with Disabilities Act[2] compliance).
[Amended 6-5-2024 by Ord. No. B-661]
[2]
Editor's Note: See 42 U.S.C.A. § 12101 et seq.
(6)
Exterior lighting for all uses shall be dark-sky compliant. Fixtures
must be properly screened to prevent light pollution and excessive
intrusion on adjacent properties, including the public right-of-way
and properties to the rear of a property. Fixture types must comply
with International Dark-Sky Association guidelines available at www.darksky.org
or from the Zoning Office.
(7)
No service lines, make-up air or exhaust vents, air or exhaust fans,
ductwork, or any other mechanical appurtenance associated with the
commercial use shall be installed on any exterior wall that fronts
on a street or that extends into the public right-of-way.
G.
Standards for specific uses. The following standards for specific
uses shall be applied to each respective use, whether permitted or
conditional. Standards designated as "shall" or "must" are required
to be met, and those designated with "should" or "may" are encouraged
or cited as examples but are not mandatory. Recognizing that the areas
designated as commercial are already highly developed, it is anticipated
that strict compliance with every standard may not always be practical
or necessary to meet the purposes of this section. The reviewing land
use board (Board) is therefore authorized to approve deviations from
the standards set forth herein, but only to the extent that is necessary
to accommodate existing site constraints or limitations. No standard
shall be waived if, in the Board's judgement, the accommodation might
result in an undue or adverse effect on adjacent properties or the
surrounding area. The reviewing Board is further authorized to attach
reasonable conditions, in addition to the standards set forth herein,
to protect the health, safety and general welfare of residents, visitors,
the surrounding area and the City of Hoboken.
(1)
Accessory uses.
(a)
The secondary or accessory use shall be directly related to,
reliant upon and subordinate to the principal use and shall be housed
in the same building or on the same lot as the principal use.
(b)
Where an accessory use is conditional, the applicant must show
that the car trips, pedestrian visits and delivery services associated
with the proposed accessory use will not increase traffic to and from
the location by more than 30%. Where traffic is anticipated to be
higher, the accessory use shall be considered as a second commercial
use.
(c)
In addition to the accessory uses permitted in Subsection G(1)[a], in the C-4 Hospital District, child-care facilities serving hospital personnel and patients (not open to the public), retail services accessory to a permitted use, including but not limited to: gift shop, florist, pharmacy, convenience markets, laundry, and personal care services, and other retail businesses and services typically found at a hospital facility or on a medical services campus, may occupy the ground floor or other public spaces within the building and may be open to the general public at the hospital operator's discretion. Where open to the public, such retail units should be situated or designed to be accessible from both the common areas of the hospital buildings and from the public right-of-way. Further permitted in addition to the accessory uses in Subsection G(1)(a) are dormitory style or efficiency style units for short-term occupancy by staff or guests associated with the uses on the site. Such housing shall not be available for market rental or use.
(2)
Animal, Boarding and day care.
(a)
Where permitted as a use, animal boarding or day care shall
only be located on the first floor or basement floor of the building
in which it is housed.
(b)
Sound-attenuation measures shall be taken to prevent sound migration
to other parts of the host building, to adjacent structures, and to
the public right-of-way. Such measures may include installation of
absorptive insulation in walls and ceilings, acoustic panels and/or
layers of QuietRock® drywall or similar
sound-attenuating wall treatments.
(c)
Make-up air and/or ventilation equipment shall be installed
to ensure consistent air quality and eliminate any potential odors.
(d)
In facilities with overnight boarding, the facility must have
staff on premises 24 hours a day when animals are present.
(e)
When requested, the applicant shall provide a circulation plan,
including anticipated car trips, pedestrian visits, delivery schedules,
loading needs and pickup/dropoff accommodations.
(f)
Exception. Microboarding or day care, where three animals or
fewer, including the host's pets, are being cared for in a home setting,
may be approved by the Zoning Officer, provided the applicant provides
the following documentation:
[1]
Official documentation of all pets permanently residing at the
location, i.e., pet licenses issued by the municipality;
[2]
Written approval from the property owner, or owner's association
in the case of a condominium or cooperative, stating their consent
to the proposed home-based business; and
[3]
Proof of liability insurance.
(3)
Animal, grooming.
(a)
Where permitted as a use, animal grooming services shall only
be located on the first floor or basement floor of the building in
which they are housed.
(b)
Sound-attenuation measures shall be taken to prevent sound migration
to other parts of the host building, to adjacent structures, and to
the public right-of-way. Such measures may include installation of
absorptive insulation in walls and ceilings, acoustic panels and/or
layers of QuietRock® drywall or similar
sound-attenuating wall treatments.
(c)
Animals dropped off for grooming services shall not remain on
site for more than four hours.
(d)
Hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.
(4)
Animal, veterinary services.
(a)
Where permitted, veterinary services shall only be located on
the first floor or basement floor of the building in which they are
housed.
(b)
Measures for securing medical equipment, pharmaceutical drugs,
gases, and other controlled substances must be demonstrated.
(c)
Measures for dealing with hazardous and animal waste must be
demonstrated.
(d)
Sound-attenuation measures shall be taken to prevent sound migration
to other parts of the host building, to adjacent structures, and to
the public right-of-way. Such measures may include installation of
absorptive insulation in walls and ceilings, acoustic panels and/or
layers of QuietRock® drywall or similar
sound-attenuating wall treatments.
(e)
Make-up air and/or ventilation equipment shall be installed
to ensure consistent air quality and eliminate any potential odors.
(f)
When, for medical reasons, animals are held overnight, the facility
shall have staff on the premises 24 hours a day during any such overnight
stay.
(g)
When requested, the applicant shall provide a circulation plan,
including anticipated car trips, pedestrian visits, delivery schedules,
loading needs and pickup/dropoff accommodations.
(5)
Arcades and gaming facilities.
(a)
Sounds originating at the establishment shall not be plainly
audible beyond the property line. Sound- and vibration-attenuation
measures shall be taken to prevent sound and/or vibration from migrating
to other parts of the host building, to adjacent structures, and to
the public right-of-way. Such measures may include installation of
absorptive insulation in walls and ceilings, acoustic panels and/or
layers of QuietRock® drywall or similar
sound- and vibration-attenuating wall treatments.
(b)
Audio and visual equipment, including game monitors, music and
other sound production devices, televisions, projection screens and
lighting of all types, shall be installed in such a manner so as to
minimize sound, glare and vibration and shall have controls that are
easily accessible and adjustable for staff during hours of operation.
(c)
An application for this use shall include design plans and a
noise mitigation plan by a licensed sound engineer, detailing the
measures to be taken, materials to be used, and calculated sound level
projections for the venue.
(d)
Where food and beverage are prepared and served as part of the
business's regular operation, air filtration and exhaust systems shall
be installed commensurate with the cooking and/or heating equipment
installed; the mechanical units for those systems shall be located
within the commercial unit and/or on the upper roof of the host building
and set back six feet or more from any adjacent structure and 10 feet
or more from the front of the building.
(e)
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how they
will be removed and by whom.
(f)
One parking space shall be provided for each four persons of
occupancy load after the first 30 persons, rounded to the closest
whole number. The requisite number of spaces should be secured from
a private or public parking facility not more than five block-lengths
away. Spaces may be used by staff and/or offered to patrons through
validation.
(6)
Artist studios and workspaces.
(a)
Dependent upon an artist's medium and scope of work, sound-attenuation
measures may be required to prevent sound migration to other parts
of the host building.
(b)
If an artist's medium and scope of work generate heat, odors,
airborne particulate, dust or other such by-products, make-up air
and/or ventilation systems must be required to ensure consistent air
quality and prevent dissipation of those work by-products to neighboring
properties.
(c)
If an artist's medium and scope of work generate liquid by-products
that require disposal, plumbing service, waste line upgrades, or other
measures to assure proper disposal of liquid waste as may be required
by law, such management measures must be demonstrated and be in place
prior to the issuance of a certificate of occupancy.
(d)
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how they
will be removed and by whom.
(7)
Bakeries.
(a)
Where baking is done on-premises, the commercial kitchen equipment
and prep areas shall meet the minimum standards for a restaurant with
similar equipment.
(b)
When air filtration and exhaust systems are required for the
baking or cooking equipment, the mechanical units for those systems
shall be located within the commercial unit and/or on the upper roof
of the host building and set back six feet or more from any adjacent
structures and 10 feet or more from the front of the building.
(c)
Where on-site consumption is included as part of the operation,
the conditions for a Class III restaurant must be met.
(d)
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how they
will be removed and by whom.
(8)
Banks.
(a)
All banking activities shall be housed within the building or
an enclosed, secure vestibule; no walk-up sidewalk services shall
be permitted.
(b)
No drive-through banking services are permitted.
(c)
Where the use is conditional, upon request from the applicable
reviewing board, the applicant shall provide a circulation plan, including
anticipated car trips and pedestrian visits. Parking requirements
shall be determined by the applicable reviewing board in cooperation
with the Director of Parking and Transportation.
(9)
Bars: Class I and Class II.
(a)
Sounds originating at the establishment shall not be plainly
audible beyond the property line. Sound- and vibration-attenuation
measures shall be taken to prevent sound and/or vibration from migrating
to other parts of the host building, to adjacent structures, and to
the public right-of-way. Such measures may include installation of
absorptive insulation in walls and ceilings, acoustic panels and/or
layers of QuietRock® drywall or similar
sound- and vibration-attenuating wall treatments.
(b)
Audio and visual equipment, including music and other sound
production devices, televisions, projection screens and lighting of
all types, shall be installed in such a manner so as to minimize sound,
glare and vibration and shall have controls that are easily accessible
and adjustable for staff during hours of operation.
(c)
An application for this use shall include design plans and a
noise mitigation plan by a licensed sound engineer, detailing the
measures to be taken, materials to be used, and calculated sound level
projections for the venue.
(d)
Retractable walls or storefront systems shall only be permitted
if expressly approved by the Planning Board or Board of Adjustment,
as applicable.
(e)
Where food is prepared and served as part of the bar's regular
operation, air filtration and exhaust systems shall be installed commensurate
with the cooking and/or heating equipment installed; the mechanical
units for those systems shall be located within the bar unit and/or
on the upper roof of the host building and set back six feet or more
from any adjacent structure and 10 feet or more from the front of
the building.
(f)
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how they
will be removed and by whom.
(g)
One parking space shall be provided for each four persons of
occupancy load after the first 30 persons, rounded to the closest
whole number. The requisite number of spaces should be secured from
a private or public parking facility not more than five block-lengths
away. Spaces may be used by staff and/or offered to patrons through
validation.
(10)
Billiards/pool halls.
(a)
Sound originating at the establishment shall not be plainly
audible beyond the property line. Sound- and vibration-attenuation
measures shall be taken to prevent sound and/or vibration from migrating
to other parts of the host building, to adjacent structures, and to
the public right-of-way. Such measures may include installation of
absorptive insulation in walls and ceilings, acoustic panels and/or
layers of QuietRock® drywall or similar
sound- and vibration-attenuating wall treatments.
(b)
An application for this use shall include design plans and a
noise mitigation plan by a licensed sound engineer, detailing the
measures to be taken, materials to be used, and calculated sound level
projections for the venue.
(c)
An establishment that serves food and/or alcohol shall comply,
at minimum, with the conditions prescribed for a bar or restaurant
of similar size and/or occupancy as defined and/or classified herein.
(d)
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how they
will be removed and by whom.
(e)
An establishment with more than 5,000 square feet of gross floor
area shall provide one parking space for each additional 1,000 square
feet of gross floor area, rounded to the closest whole number; parking
spaces should be located in a public or private parking facility not
more than five block-lengths away. Spaces may be used by staff and/or
offered to patrons through validation.
(10.1)
Body art establishments.
[Added 8-23-2023 by Ord. No. B-590]
(a)
An applicant for conditional use approval for a body art establishment shall demonstrate that they are able to meet the requirements set forth in Chapter 183 of the Municipal Code of the City of Hoboken to obtain a license to operate a body art establishment from the Hoboken Health Department.
(b)
Body art establishments shall not operate after 10:00 p.m. in any
residential zone.
(c)
Body art establishments in C-3 and residential zones shall accommodate
no more than three clients at a time. Occupancy shall be limited to
12 persons or less.
(11)
Bowling centers.
(a)
Any bowling center shall only be located in a nonresidential
building.
(b)
Sounds originating at the establishment shall not be plainly
audible beyond the property line. Sound- and vibration-attenuation
measures shall be taken to prevent sound and/or vibration from migrating
to other parts of the host building, to adjacent structures, and to
the public right-of-way. Such measures may include installation of
absorptive insulation in walls and ceilings, acoustic panels and/or
layers of QuietRock® drywall or similar
sound- and vibration-attenuating wall treatments.
(c)
An application for this use shall include design plans and a
noise mitigation plan by a licensed sound engineer, detailing the
measures to be taken, materials to be used, and calculated sound level
projections for the venue.
(d)
An establishment that serves food or alcohol shall comply, at
a minimum, with the conditions prescribed for a bar or restaurant
of similar size and/or occupancy as defined and/or classified herein.
(e)
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how they
will be removed and by whom.
(f)
An establishment with more than 5,000 square feet of gross floor
area shall provide one parking space for each additional 1,000 square
feet of gross floor area, or two parking spaces per lane, whichever
is greater, rounded to the closest whole number; parking spaces should
be located in a public or private parking facility not more than five
block-lengths away. Spaces may be used by staff and/or offered to
patrons through validation.
(11.1)
Cannabis delivery.
[Added 8-18-2021 by Ord.
No. B-384]
(b)
No consumers or consumer transactions shall be permitted in
the offices of a cannabis delivery operation.
(c)
Vehicles associated with a cannabis delivery business operating
from an office or dispatch location shall not queue on the street.
Parking for delivery vehicles shall be provided at a public or private
parking facility.
(d)
Commercial delivery vehicles shall not be parked on any street
within the City of Hoboken overnight. Private vehicles used for cannabis
delivery that display, by any means, identification or advertising
for a cannabis delivery business or service shall not be parked on
any street within the City of Hoboken overnight.
(e)
Cannabis delivery businesses originating outside of Hoboken, without a physical location in the City, are exempt from approval by the Cannabis Review Board and Planning Board, and may operate as provided under state law; however, the parking restrictions in Subsection G(11.1)(c) above shall still apply.
(12)
Catering.
(a)
Catering activities shall not be conducted as a home-based business.
(b)
Kitchen facilities shall meet the same requirements as restaurants
for firesafety, air filtration and exhaust systems commensurate with
the cooking and/or heating equipment installed.
(c)
Where catering services are provided in combination with an
event space, the standards for each use must be met collectively.
(d)
Catering facilities shall be approved and licensed by the Hoboken
Health Department.
(e)
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how they
will be removed and by whom.
(f)
When requested, the applicant shall provide a circulation plan,
including anticipated vehicle trips, pedestrian visits, delivery schedules
and loading needs. Parking and loading requirements shall be determined
by the applicable reviewing board in cooperation with the Director
of Parking and Transportation.
(13)
Child-care facilities. A child-care facility in the C-2 or C-3
District that exceed 3,000 square feet of gross floor area shall be
treated as a conditional use subject to the following conditions:
(a)
Sound-attenuation measures shall be taken to prevent sound migration
to other parts of the host building, to adjacent structures, and to
the public right-of-way. Such measures may include installation of
absorptive insulation in walls and ceilings, acoustic panels and/or
layers of QuietRock® drywall or similar
sound-attenuating wall treatments;
(b)
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how they
will be removed and by whom;
(c)
When requested, the applicant shall provide a circulation plan,
including anticipated car trips, pedestrian visits, loading needs
and pickup/dropoff accommodations. Parking and/or loading requirements,
additional to those required below, shall be determined by the applicable
reviewing board in cooperation with the Director of Parking and Transportation;
and
(d)
One parking space shall be provided for each five persons (including
children) of occupancy load after the first 20 persons, rounded to
the closest whole number. The requisite number of spaces should be
secured from a private or public parking facility not more than five
block-lengths away. Spaces may be used by staff and/or offered to
patrons through validation.
(14)
Child recreational facilities and services. Any child recreational
facility that exceeds 1,200 square feet of gross floor area shall
be treated as a conditional use subject to the following conditions:
(a)
Sound-attenuation measures shall be taken to prevent sound migration
to other parts of the host building, to adjacent structures, and to
the public right-of-way. Such measures may include installation of
absorptive insulation in walls and ceilings, acoustic panels and/or
layers of QuietRock® drywall or similar
sound-attenuating wall treatments;
(b)
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how they
will be removed and by whom;
(c)
When requested, the applicant shall provide a circulation plan,
including anticipated car trips, pedestrian visits, loading needs
and pickup/dropoff accommodations. Parking and/or loading requirements,
additional to those required below, shall be determined by the applicable
reviewing board in cooperation with the Director of Parking and Transportation,
and
(d)
One parking space shall be provided for each five persons (including
children) of occupancy load after the first 20 persons, rounded to
the closest whole number. The requisite number of spaces should be
secured from a private or public parking facility not more than five
block-lengths away. Spaces may be used by staff and/or offered to
patrons through validation.
(15)
Clinics, laboratories and diagnostic imaging centers.
(a)
A list of any controlled substances, chemicals and hazardous
materials, so classified by the Environmental Protection Agency (EPA)
and/or the Drug Enforcement Administration (DEA) of the United States,
to be used on the premises must be submitted along with written handling
and storage procedures, where applicable.
(b)
A waste storage and disposal plan must be submitted, describing
where waste, including any medical waste, will be stored on the premises
and how the waste will be removed and by whom.
(c)
If the facility includes equipment or services that may generate
noise or vibration, attenuation measures shall be taken to prevent
vibration and sound migration to other units adjacent to or above
the facility. Such measures may include installation of absorptive
insulation in walls and ceilings, acoustic panels and/or layers of
QuietRock® drywall or similar sound-attenuating
wall treatments.
(d)
If the facility will be conducting activities that are likely
to generate heat, odors, airborne particulate, dust or other such
by-products, a make-up air and/or ventilation system shall be required
to ensure consistent air quality and prevent dissipation of those
work by-products to neighboring properties.
(e)
Parking may be required, depending upon the intensity of use
of the particular clinic, laboratory or diagnostic center. The number
of spaces shall be determined by the applicable reviewing board in
cooperation with the Director of Parking and Transportation.
(16)
Commercial buildings.
(a)
A commercial building shall have no residential occupancy.
(b)
The building owner may address parking requirements for the
entire building as part of its site plan approval at a rate of one
space for each 1,000 square feet of leasable floor area. Where no
parking is provided by the building owner, each tenant shall be individually
responsible for providing parking as required pursuant to this subsection.
(c)
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how they
will be removed and by whom.
(17)
Commercial uses in C-3 District exceeding 1,200 square feet
of gross floor area. Where applicable, the subject use shall comply
with all other conditions for that use as set forth in this subsection.
Where no conditions are mandated for the subject use, but the commercial
space exceeds 1,200 square feet of gross floor area, the following
minimum standards shall apply:
(a)
Sound-attenuation measures shall be taken to prevent sound migration
to other parts of the host building and adjacent structures. Such
measures may include installation of sound absorptive insulation in
walls and ceilings, acoustic panels and/or layers of QuietRock® drywall or similar sound-attenuating wall treatments.
(b)
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how it
will be removed and by whom.
(c)
One parking space shall be provided for each 400 square feet
of gross floor area above 1,200 square feet, rounded to the closest
whole number. The requisite number of spaces should be secured from
a private or public parking facility not more than five block-lengths
away. Spaces may be used by staff and/or offered to patrons through
validation.
(d)
When requested, the applicant shall provide a circulation plan,
including anticipated vehicle trips, pedestrian visits, delivery schedules
and loading needs.
(18)
Confectionery stores.
(a)
Where candy-making or other sweets are produced on-premises,
the commercial kitchen equipment and prep areas shall meet the minimum
standards for a restaurant with similar equipment.
(b)
If air filtration and exhaust systems are required for the kitchen
or manufacturing equipment to be utilized, the mechanical units for
those systems shall be located within the commercial unit and/or on
the upper roof of the host building and set back six feet or more
from any adjacent structures and 10 feet or more from the front of
the building.
(c)
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how they
will be removed and by whom.
(d)
The above requirements are not applicable if the confections
are produced off site and the premises are utilized solely for retail
sale and distribution of such confections. In that case, the confectionery
store shall meet the requirements of a general retail establishment.
(19)
Event spaces; meeting and convention facilities.
(a)
Hours of operation shall be limited to the hours of operation
of the underlying permitted use or, if there is no underlying permitted
use other than the event space, the hours of operation shall be limited
to 8:00 a.m. to 11:00 p.m.
(b)
An event space where food is prepared, cooked and/or reheated
if cooked off-premises shall have air filtration and exhaust systems
commensurate with the cooking and/or heating equipment installed;
the mechanical units for those systems shall be located within the
commercial unit and/or on the upper roof of the host building and
set back six feet or more from any adjacent structures and 10 feet
or more from the front of the building.
(c)
Sound-attenuation measures shall be designed and implemented
to the satisfaction of the applicable reviewing board. At minimum,
sound-attenuation measures shall be taken to prevent vibration and
sound migration to other units beside or above the event space. Such
measures may include installation of absorptive insulation in walls
and ceilings, acoustic panels and/or layers of QuietRock® drywall or similar sound-attenuating wall treatments.
(d)
Audio and visual equipment, including music and other sound
production devices, televisions, projection screens and lighting of
all types, shall be installed in such a manner so as to minimize sound,
glare and vibration and shall have controls that are easily accessible
and adjustable for staff during an event.
(e)
An application for this use shall include design plans and a
noise mitigation plan by a licensed sound engineer, detailing the
measures to be taken, materials to be used, and calculated sound level
projections for the venue.
(f)
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how it
will be removed and by whom.
(g)
One parking space shall be provided for each four persons of
occupancy load after the first 30 persons, rounded to the closest
whole number. The requisite number of spaces should be secured from
a private or public parking facility not more than five block-lengths
away. Spaces may be provided to staff and patrons through validation
or by valet service. In the case of an event space or similar facility
where parking is not required on a daily basis, the required number
of parking spaces may be secured on an event-by-event basis.
(h)
Exception. An event space that has 500 square feet or less of
assembly area and/or an established occupancy of 35 persons or fewer
may be approved by the Zoning Officer, at his/her discretion, provided
hours of operation and sound-attenuation requirements are met.
(20)
Food stores: Convenience Stores, Fruit and Vegetable Markets
and similar.
(a)
Convenience stores shall not be open before 5:00 a.m. nor after
11:00 p.m. daily.
(b)
Stores with more than 2,000 square feet of service area shall
follow the approval process required for a supermarket.
(c)
When requested, the applicant shall provide a circulation plan,
including anticipated car trips, pedestrian visits, delivery schedules
and loading needs. Parking and loading requirements shall be determined
by the applicable reviewing board in cooperation with the Director
of Parking and Transportation.
(d)
Seventy-five percent or more of the customer service area shall
be dedicated to the sale of foodstuffs.
(e)
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how they
will be removed and by whom.
(f)
Roof-mounted mechanical equipment required to support refrigeration
and/or air conditioning must be set back six feet or more from any
adjoining structure and 10 feet or more from the front of the building.
Where subject to conditional approval, additional sound attenuation
may be required by the applicable reviewing board, based on the specific
mechanical equipment required for each location.
(21)
Food stores: supermarkets.
(a)
Hours of operation shall be approved by the applicable reviewing
board.
(b)
Roof-mounted mechanical equipment required to support refrigeration,
air conditioning, ventilation and other building services must be
set back six feet or more from any adjoining structure and 10 feet
or more from the front of the building. Mechanical equipment shall
also be screened and attenuated for noise vibration.
(c)
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how it
will be removed and by whom.
(d)
The applicant shall provide a circulation plan, including anticipated
car trips, pedestrian visits, delivery schedules and loading needs.
(e)
One parking space shall be provided for each 500 square feet
of gross floor area. Parking may be offset by delivery services or
rideshare accommodations provided by the store operator. Such offsets
shall be evaluated on a case-by-case basis and approved by the applicable
reviewing board.
(22)
Furniture and upholstery repair.
(a)
Depending upon services provided by the specific business, sound-attenuation
measures may be required to prevent vibration and sound migration
to other parts of the host building.
(b)
If the services provided include sawing, gluing, wood refinishing,
or other work that generates heat, odors, airborne particulate, dust
or other such by-products, a make-up air and/or ventilation system
shall be required to ensure consistent air quality and prevent dissipation
of those work by-products to neighboring properties.
(c)
An inventory of all chemical or hazardous materials to be used
and/or housed on the premises must be submitted along with written
handling and storage procedures, where applicable.
(d)
A refuse storage and disposal plan must be submitted, describing
where waste and recyclables will be stored on the premises and how
the waste and other work by-products will be removed and by whom.
(e)
An establishment with more than 1,200 square feet of gross floor
area shall provide one parking space per each additional 400 square
feet of gross floor area, rounded to the closest whole number; parking
spaces should be located in a public or private parking facility not
more than five block-lengths away.
(23)
Hospitals.
(a)
Where facility operations include equipment or services that
may generate noise or vibration, attenuation measures shall be taken
to minimize vibration and sound from migrating to other parts of the
building and to the surrounding area, to assure compliance with the
local noise ordinance.
(b)
If the facility will be conducting activities that are likely
to generate heat, odors, airborne particulate, dust or other such
by-products, a make-up air and/or ventilation system shall be required
to ensure consistent air quality and minimize dissipation of those
work by-products inside or outside the building as per state and federal
regulations.
(c)
Rooftop appurtenances that are a part of or affixed to the roof
of a building, such as elevator and stair bulkheads; mechanical equipment
associated with heating, cooling, or ventilation of the host structure;
screening; antennas; solar or wind energy production devices; and
green-roof installations, shall be excluded from the height calculation
of a structure, provided that no appurtenance is taller than 15 feet
above the roof surface, and that the aggregate roof cover of bulkheads,
mechanical equipment, and antenna installations does not exceed 30%
of the total roof area of the roof on which they are located. Solar
and wind energy production devices and greenroof installations shall
be exempt from roof cover calculations.
(d)
A waste storage and disposal plan must be submitted with the
site plan application describing where waste, including any chemical
or medical waste, will be stored on the premises and how the waste
will be removed and by whom.
(e)
Documentation of all controlled substances, chemicals and hazardous
materials to be used on the premises, along with written handling
and storage procedures as registered with the State of New Jersey,
must also be submitted to the City of Hoboken Office of Emergency
Management.
(f)
A minimum of one loading bay shall be provided for each 100,000
square feet of gross floor area, rounded to the nearest whole number.
(g)
One parking space shall be available per every eight beds plus
one space per every 10 employees. Parking spaces shall be located
in a public or private parking facility not more than five-block-lengths
distance away.
(24)
Hotels.
(a)
A hotel shall have no residential occupancy.
(b)
Retail businesses and services that are open to the public may
be permitted at street level when compliant with other applicable
state and municipal codes. Each retail business or service shall comply
with the standards established herein for that use.
(c)
Commercial recreational facilities such as restaurant, bars,
and event and meeting facilities may be permitted within the hotel
building. Each recreational facility shall comply with the standards
established herein for that use.
(d)
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how they
will be removed and by whom.
(e)
Parking shall be provided at a rate of 0.5 space per rentable
room, plus additional spaces for retail and recreational uses commensurate
with each use. Parking may be provided on site or in a public facility
not more than five block-lengths away. When parking is located off
site, valet service shall be provided.
(25)
Indoor fitness facilities; courts (e.g., tennis, basketball),
pools, climbing gyms, batting cages, mini-golf, golf simulators, and
similar. Because of the unusual and diverse characteristics of these
uses, the applicable reviewing board shall, on a case-by-case basis,
attach such conditions and safeguards to an approval for development
as it deems appropriate and necessary to ensure initial and continued
conformance with standards set forth herein, to protect the health,
safety and general welfare of residents, visitors, the surrounding
area and the City of Hoboken. The reviewing board shall consider the
following conditions:
(a)
Sound-attenuation measures shall be taken to prevent vibration
and sound migration to other parts of the host building, to adjacent
structures, and to the public right-of-way. Such measures may include
installation of sound absorptive insulation, acoustic panels and/or
layers of QuietRock® drywall or similar
sound-attenuating wall treatments;
(b)
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how they
will be removed and by whom; and
(c)
One parking space shall be provided for each 1,000 square feet
of gross floor area, rounded to the closest whole number. The requisite
number of spaces should be secured from a private or public parking
facility not more than five block-lengths away. Spaces may be used
by staff and/or offered to patrons through validation.
(26)
Laundry and dry cleaning.
(a)
Dry-cleaning service shall be dropoff only; no dry cleaning
shall be performed on site.
(b)
There shall be no use or storage of dry-cleaning chemicals on
the premises.
(c)
Laundromats and dropoff laundry services are permitted, provided
they do not exceed 1,200 square feet of gross floor area. Facilities
with more than 1,200 square feet of floor area shall be subject to
site plan review and shall provide evidence of make-up air, exhaust
and ventilation equipment appropriately scaled to the facility.
(27)
Meat, fish and seafood markets.
(a)
Make-up air and/or ventilation equipment shall be installed
to ensure consistent air quality and eliminate any potential odors.
(b)
All mechanical equipment for refrigeration, cooling and air
handling shall be located within the commercial unit and/or on the
upper roof of the host building and set back six feet or more from
any adjacent structures. Visual screening and/or a sound-attenuation
enclosure may be required.
(c)
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how they
will be removed and by whom.
(d)
When requested, the applicant shall provide a circulation plan,
including anticipated car trips, pedestrian visits, delivery schedules
and loading needs. Where applicable, parking and loading requirements
shall be determined by the applicable reviewing board in cooperation
with the Director of Parking and Transportation.
(28)
Medical and dental offices.
(a)
A list of any controlled substances, chemicals and hazardous
materials, so classified by the Environmental Protection Agency (EPA)
and/or the Drug Enforcement Administration (DEA) of the United States,
to be used on the premises must be submitted along with written handling
and storage procedures, where applicable.
(b)
A waste storage and disposal plan must be submitted, describing
where waste, including any medical waste, will be stored on the premises
and demonstrating how the waste shall ultimately be properly disposed
of, and by whom.
(c)
If the facility includes equipment or services that may generate
noise or vibration, attenuation measures shall be taken to prevent
vibration and sound migration to other units beside or above the facility.
Such measures may include installation of absorptive insulation in
walls and ceilings, acoustic panels and/or layers of QuietRock® drywall or similar sound-attenuating wall treatments.
(d)
If the facility will be conducting activities that are likely
to generate odors or airborne particulates, a make-up air and/or ventilation
system may be required to ensure consistent air quality and prevent
dissipation of those work by-products to neighboring units.
(e)
All mechanical equipment associated with the use shall be located
within the commercial unit and/or on the upper roof of the host building
and set back six feet or more from any adjacent structures and 10
feet or more from the front of the building. Visual screening and/or
a sound-attenuation enclosure may be required.
(31)
Movie and performing arts theaters.
(a)
Sounds originating at the establishment shall not be plainly
audible beyond the property line. Sound- and vibration-attenuation
measures shall be taken to prevent sound and/or vibration from migrating
to other parts of the host building, to adjacent structures, and to
the public right-of-way. Such measures may include installation of
absorptive insulation in walls and ceilings, acoustic panels and/or
layers of QuietRock® drywall or similar
sound- and vibration-attenuating wall treatments.
(b)
Audio and visual equipment and other sound production devices
and lighting of all types shall be installed in such a manner so as
to minimize sound, glare and vibration and shall have controls that
are easily accessible and adjustable for staff during hours of operation.
(c)
An application for this use shall include design plans and a
noise mitigation plan by a licensed sound engineer, detailing the
measures to be taken, materials to be used, and calculated sound level
projections for the venue.
(d)
Where food and beverage are prepared and served as part of the
theater's regular operation, air filtration and exhaust systems shall
be installed commensurate with the cooking and/or heating equipment
installed; the mechanical units for those systems shall be located
within the commercial unit and/or on the upper roof of the host building
and set back six feet or more from any adjacent structure and 10 feet
or more from the front of the building.
(e)
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how they
will be removed and by whom.
(f)
One parking space shall be provided for each four persons of
occupancy load after the first 50 persons, rounded to the closest
whole number. The requisite number of spaces should be secured from
a private or public parking facility not more than five block-lengths
away. Spaces may be used by staff and/or offered to patrons through
validation.
(32)
Music stores: prerecorded, instruments and supplies.
(a)
Stores selling instruments and/or where music lessons are offered
shall install sound- and vibration-attenuating measures to prevent
vibration and sound migration to other units beside or above the store.
Such measures may include installation of absorptive insulation in
walls and ceilings, acoustic panels and/or layers of QuietRock® drywall or similar sound-attenuating wall treatments.
(b)
Hours when lessons may be offered shall be limited to 8:00 a.m.
to 9:00 p.m.
(33)
Nonhospital uses in the C-4 Hospital District.
(a)
The total, aggregate square footage for all non-hospital uses
in the C-4 Hospital District (whether permitted or conditional) shall
not exceed 30% of the gross allowable square footage within the C-4
District.
(34)
Nursing homes.
(a)
Conditions.
[1]
A list of any controlled substances, chemicals and hazardous
materials, so classified by the Environmental Protection Agency (EPA)
and/or the Drug Enforcement Administration (DEA) of the United States,
to be used on the premises must be submitted along with written handling
and storage procedures, where applicable.
[2]
Where food is prepared, cooked and/or reheated the facility
shall have air filtration and exhaust systems commensurate with the
cooking and/or heating equipment installed; the mechanical units for
those systems shall be located within the building and/or on the upper
roof and set back six feet or more from any adjacent structures and
10 feet or more from the front of the building. Sound attenuation
for the equipment may be required.
[3]
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how they
will be removed and by whom; and
[4]
When requested, the applicant shall provide a circulation plan,
including anticipated car trips, pedestrian visits, loading needs
and pickup/drop-off accommodations. Parking and/or loading requirements,
additional to those required below, shall be determined by the applicable
reviewing board in cooperation with the Director of Parking and Transportation.
[5]
Certificate of Need from New Jersey Department of Health pursuant
to P.L.1971, c. 136 (N.J.S.A. 26:2II-1 et seq.).
[6]
The applicant must demonstrate compliance with applicable state
and local regulations.
[7]
A hospital must be in simultaneous operation in the C-4 Hospital
District.
(35)
Places of worship.
(a)
Because of the unusual characteristics and broad spectrum of
uses a place of worship may be used for, and its potential impacts
on the surrounding area, each place of worship shall be considered
as an individual case subject to applicable reviewing board review.
The Planning Board shall attach such conditions and safeguards to
an approval for use as it deems appropriate and necessary to ensure
initial and continued conformance with standards set forth herein,
and to protect the health, safety and general welfare of residents,
visitors, the surrounding area and the City of Hoboken.
(b)
Where a place of worship includes school or other educational
facilities, the place of worship shall also be required to meet the
standards for a private school.
(c)
When a place of worship will be used to host events, such as
weddings, parties, fundraising or charitable events, the place of
worship shall also be required to meet the standards for an event
space.
(d)
One parking space shall be provided for each four persons of
occupancy load after the first 50 persons, rounded to the closest
whole number. The requisite number of spaces should be secured from
a private or public parking facility not more than five block-lengths
away.
(e)
Exception shall be given, and no board review required, for
a place of worship that meets Building Code requirements for a place
of assembly and has an occupancy of 50 persons or fewer, provided
the place of worship does not include cooking facilities of any kind
and is not used for any accessory uses, such as, e.g., child care.
(36)
Private membership clubs.
(a)
Private membership clubs shall be open only to members and their
guests.
(b)
Clubs with commercial kitchen facilities shall have air filtration,
exhaust and fire suppressions systems commensurate with the cooking
equipment installed; the mechanical units for those systems shall
be located within the club and/or on the upper roof of the host building
and set back six feet or more from any adjacent structures and 10
feet or more from the front of the building.
(c)
Sound-attenuation measures shall be taken to prevent sound migration
to other parts of the host building, to adjacent structures, and to
the public right-of-way. Such measures may include installation of
absorptive insulation in walls and ceilings, acoustic panels and/or
layers of QuietRock® drywall or similar
sound-attenuating wall treatments.
(d)
Clubs wishing to lease their facilities to nonmembers for events
shall be required to also meet the requirements of an event space.
(e)
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how they
will be removed and by whom.
(f)
One parking space shall be provided for each four persons of
occupancy load after the first 50 persons, rounded to the closest
whole number. The requisite number of spaces should be secured from
a private or public parking facility not more than five block-lengths
away. In the case of a private club where occupancy only exceeds 50
persons during a planned event, parking requirements may be modified
by the reviewing board, provided the required number of parking spaces
may be secured on an event-by-event basis.
(g)
A private club that has 500 square feet or less of assembly area and/or that has an established occupancy of 50 persons or fewer shall be exempt from board approval, provided the space is not available to the general public for rent as an event space and the standards for kitchen equipment and sound attenuation, as set forth in Subsection G(32)(b) and (c), above, are met.
(37)
Private schools.
(a)
Sound- and vibration-attenuation measures shall be taken to
prevent sound and/or vibration from migrating to other parts of the
host building, to adjacent structures, and to the public right-of-way.
Such measures may include installation of absorptive insulation in
walls and ceilings, acoustic panels and/or layers of QuietRock® drywall or similar sound- and vibration-attenuating
wall treatments.
(b)
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how they
will be removed and by whom.
(c)
If the school use requires a loading zone or pickup/dropoff
area that will necessitate the vacating of any parking spaces or that
will impact the traffic circulation along the street or public way,
that alteration of the right-of-way must be approved by the Director
of Parking and Transportation and the City Council prior to issuance
of any permits.
(d)
One parking space shall be provided for each three staff members,
rounded to the closest whole number. The requisite number of spaces,
if not located on site, should be secured from a private or public
parking facility not more than five block-lengths away.
(38)
Rehabilitation centers.
(a)
A list of any controlled substances, chemicals and hazardous
materials, so classified by the Environmental Protection Agency (EPA)
and/or the Drug Enforcement Administration (DEA) of the United States,
to be used on the premises must be submitted along with written handling
and storage procedures, where applicable.
(b)
Where food is prepared, cooked and/or reheated the facility
shall have air filtration and exhaust systems commensurate with the
cooking and/or heating equipment installed; the mechanical units for
those systems shall be located within the building and/or on the upper
roof and set back six feet or more from any adjacent structures and
10 feet or more from the front of the building. Sound attenuation
for the equipment may be required.
(c)
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how they
will be removed and by whom; and
(d)
When requested, the applicant shall provide a circulation plan,
including anticipated car trips, pedestrian visits, loading needs
and pickup/drop-off accommodations. Parking and/or loading requirements,
additional to those required below, shall be determined by the applicable
reviewing board in cooperation with the Director of Parking and Transportation.
(e)
Certificate of need from New Jersey Department of Health pursuant
to P.L. 1971, c. 136 (N.J.S.A. 26:2H-I et seq.).
(f)
The applicant must demonstrate compliance with applicable state
and local regulations.
(g)
A hospital must be in simultaneous operation in the C-4 Hospital
District.
(39)
Residential buildings in the C-2 District.
(a)
The applicant must demonstrate a substantial public benefit
for having an all-residential building, without ground-floor commercial
use, in the C-2 District.
(b)
Exception. One residential dwelling unit is permitted in buildings
fronting on Court Street over parking or another noncommercial accessory
use.
(c)
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how they
will be removed and by whom.
(40)
Restaurants:
(a)
Class I.
[1]
Air precipitator, exhaust and fire suppression systems shall
be commensurate with the cooking equipment installed. The mechanical
units for those systems shall be located within the commercial unit
and/or on the upper roof of the host building and set back six feet
or more from any adjacent structures and 10 feet or more from the
front of the building. Visual screening and/or a sound-attenuation
enclosure may be required.
[2]
Refrigeration and cooling equipment shall be located within
the commercial unit and/or on the upper roof of the host building
and set back six feet or more from any adjacent structures. Visual
screening and/or a sound-attenuation enclosure may be required.
[3]
No service line, ventilation ductwork, exhaust chimney or other
appurtenance associated with the business's operating equipment shall
be installed on any exterior wall of the building fronting on a street
or extending into the public right-of-way.
[4]
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how it
will be removed and by whom.
[5]
Sound- and vibration-attenuation measures shall be taken to
prevent sound and/or vibration from migrating to other parts of the
host building, to adjacent structures, and to the public right-of-way.
Such measures may include installation of absorptive insulation in
walls and ceilings, acoustic panels and/or layers of QuietRock® drywall or similar sound- and vibration-attenuating
wall treatments.
[6]
Audio and visual equipment, including music speakers, televisions,
projection screens, and other sound production devices, and lighting
of all types, where installed, shall be installed in such a manner
so as to prevent sound, glare and vibration from emanating beyond
the property line and shall have controls that are easily accessible
and adjustable for staff during operation.
[7]
Retractable walls or storefront systems may only be permitted
if expressly approved by the reviewing board and Historic Preservation
Commission, if the subject property is located in an historic district.
[8]
Because of the variable characteristics of this use, the applicable
reviewing board may attach such conditions and safeguards as it deems
appropriate to mitigate any potential impacts on the surrounding area.
[9]
Parking space shall be provided for each four persons of occupancy
load after the first 50 persons, rounded to the closest whole number.
The requisite number of spaces should be secured from a private or
public parking facility not more than five block-lengths away. Spaces
may be offered to staff and patrons through validation or valet service.
(b)
Class II.
[1]
Air precipitator, exhaust and fire suppression systems shall
be commensurate with the cooking equipment installed. The mechanical
units for those systems shall be located within the commercial unit
and/or on the upper roof of the host building and set back six feet
or more from any adjacent structures and 10 feet or more from the
front of the building. Visual screening and/or a sound-attenuation
enclosure may be required.
[2]
Refrigeration and cooling equipment shall be located within
the commercial unit and/or on the upper roof of the host building
and set back six feet or more from any adjacent structures. Visual
screening and/or a sound-attenuation enclosure may be required.
[3]
No service line, ventilation ductwork, exhaust chimney or other
appurtenance associated with the business's operating equipment shall
be installed on any exterior wall of the building fronting on a street
or extending into the public right-of-way.
[4]
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how it
will be removed and by whom.
[5]
Sound-attenuation measures shall be taken to prevent sound and
vibration migration from within the restaurant to other units beside
or above the restaurant and to adjacent structures. Such measures
may include installation of absorptive insulation in walls and ceilings,
acoustic panels and/or layers of QuietRock® drywall or similar sound-attenuating wall treatments.
[6]
Audio and visual equipment, including music speakers, televisions,
projection screens, and other sound production devices, and lighting
of all types, where installed, shall be installed in such a manner
so as to prevent sound, glare and vibration from emanating beyond
the property line and shall have controls that are easily accessible
and adjustable for staff.
[7]
Retractable walls or storefront systems may only be permitted
if expressly approved by the reviewing board and Historic Preservation
Commission, if the subject property is located in an historic district.
(c)
Class III.
[1]
Where applicable, air precipitator, exhaust and fire suppression
systems shall be commensurate with the cooking equipment installed.
The mechanical units for those systems shall be located within the
commercial unit and/or on the upper roof of the host building and
set back six feet or more from any adjacent structures and 10 feet
or more from the front of the building. Visual screening and/or a
sound-attenuation enclosure may be required.
[2]
Refrigeration and cooling equipment shall be located within
the commercial unit and/or on the upper roof of the host building
and set back six feet or more from any adjacent structures. Visual
screening and/or a sound-attenuation enclosure may be required.
[3]
No service line, ventilation ductwork, exhaust chimney or other
appurtenance associated with the business's operating equipment shall
be installed on any exterior wall of the building fronting on a street
or extending into the public right-of-way.
[4]
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how it
will be removed and by whom.
(d)
Class IV.
[1]
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how they
will be removed and by whom.
[2]
An operation identified as a Class IV upon receipt of its certificate
of occupancy shall not change to a different classification of restaurant
without first obtaining the approvals required for the new classification.
(41)
Smoke shops.
(a)
A smoke shop shall be a minimum of 500 feet from any other smoke
shop, and no more than one smoke shop shall be permitted on any single
block frontage, which includes, for purposes of this regulation, both
sides of the street on such a block.
(b)
Smoke shops shall not be permitted within 500 feet of a primary
or secondary school.
(c)
No displays of smoking paraphernalia, including hookahs, bongs,
vaping devices, pens, mods and/or kits shall be placed in storefront
windows.
(42)
Vocational and trade schools and other instructional and training
facilities.
(a)
Instructional or training facilities, including vocational and trade schools, located in C-1 and C-2 Districts, with a gross floor area of 2,000 square feet or more shall be a conditional use subject to review by the applicable land use board. A facility with less than 2,000 square feet of floor area shall be a permitted use in C-1 and C-2, provided it meets the requirements of Subsection G(37)(b) and (c) below. Schools or facilities located in C-3 shall comply with Subsections F(2) and G(17), above. The reviewing board shall attach such conditions and safeguards to any approval of an instructional or training facility that it deems appropriate and necessary to ensure conformance with the standards and requirements set forth in this chapter and all other applicable regulations.
(b)
Sound-attenuation measures shall be taken to prevent sound migration
to other parts of the host building and adjacent structures. Such
measures may include installation of absorptive insulation in walls
and ceilings, acoustic panels and/or layers of QuietRock® drywall or similar sound-attenuating wall treatments.
(c)
If the instruction or training activities are likely to generate
odors or airborne particulates, a make-up air and/or ventilation system
may be required to ensure consistent air quality and prevent dissipation
of those training by-products to neighboring units.
(d)
A refuse storage and disposal plan must be submitted, describing
where waste and recycling will be stored on the premises and how they
will be removed and by whom.
(e)
One parking space shall be provided for each five persons of
occupancy after the first 10 persons. Spaces shall be located in a
public or private parking facility not more than a five-block length
away.
H.
Parking and transportation requirements.
(1)
Parking, where specified under Subsection G, Standards for specific uses, shall be provided as required. Where there is no parking mandated, none shall be required.
(2)
Businesses are encouraged to participate in Hoboken rideshare and
bikeshare programs. The applicable reviewing board, at their discretion
and in consultation with the City's Director of Parking and Transportation,
may allow for all or part of a business's parking requirements to
be offset by such participation.
[Amended 6-21-1989 by Ord. No. P-58; 11-17-1989 by Ord. No. P-87; 3-15-1995 by Ord. No. R-116]
A.
Purpose. The purpose of this district is to promote comprehensive
development which includes a mix of commercial office, retail and
residential uses at varying densities, with visual and physical access
to the Hudson River waterfront and linking other commercial and residential
areas of the City to the waterfront.
B.
The Waterfront District shall include the W(RDV), W(H) and W(N) Subdistricts.
Development in the W(RDV) Subdistrict is subject to the special use,
bulk and parking regulations of the South Waterfront Redevelopment
Plan adopted November 17, 1989, as amended; the W(H) Historic Subdistrict
is subject to review procedures of the Historic Commission; and development
in the W(N) Waterfront North Subdistrict is subject to height limitations
as specified herein.
[Amended 5-7-2003 by Ord. No. DR-91; 4-21-2004 by Ord. No.
DR-139]
C.
Principal permitted uses shall be as follows for W(H) and W(N) Subdistricts:
(1)
Educational uses.
(2)
Public recreational uses.
(3)
Marina facilities, fishing piers and water-oriented light commercial,
recreational or passenger uses.
(4)
Interim land uses pending the completion of a development, limited
to temporary uses, such as parking facilities, concessions, commercial
passenger excursion operations and special events.
(5)
Accessory uses customarily incidental to a principal use.
E.
Area, yard and building requirements. For all permitted uses in the
W(H) and W(N) Subdistricts and for all conditional uses, the area,
yard and building requirements shall be as follows:
[Added 8-15-2018 by Ord.
No. B-59]
A.
District area.
(1)
The University District shall include all or portions of, as
specified, the following blocks and lots per the Official Tax Maps
of the City of Hoboken:
|
Block 227, Lot 1
| |
|
Block 228, Lots 1, 10, 11, 12, 14, 15, and 16
| |
|
Block 234, Lot 1
| |
|
Block 235, Lot 1
| |
|
Block 236, Lot 2.03
| |
|
Block 236, Lot 3.01 partial, where only the eastern 100 feet
of the lot shall be included
| |
|
Block 236, Lot 8, which does not include Lot 9
| |
|
Block 257, Lot 2 partial, where only the area between Sinatra
Drive and Block 257, Lot 3, shall be included
| |
|
Block 257, Lot 3
| |
|
To the extent the above block and lot designations are modified
over time, the Official Zoning Map of the City of Hoboken shall define
the boundaries of the University District.
|
(2)
Any areas not addressed here at the time of adoption of the
University District will retain the existing zoning.
(3)
The University District will be divided into four sub-areas, the purposes of each as provided in § 196-20.1E. The defined areas of these sub-areas are depicted on the adopted University District Map and described as follows:
(a)
The Transition Sub-Area will include that portion of the University
District a depth of 200 feet east from the property lines at Hudson
Street from the northeast corner of Fifth Street and Hudson Street,
up to the southeast corner of Eighth Street and Hudson Street; and
a depth of 200 feet south from the property lines at Eighth Street
from the southeast corner of Eighth Street and Hudson Street to the
southeast corner of Eighth Street and Castle Point Terrace.
(b)
The Edge Sub-Area will include all of Block 257, Lot 3, and
those portions of Block 235, Lot 1, Block 234, Lot 1, and Block 257,
Lot 2, in the University District bound to the east by Sinatra Drive;
bound to the south by the Fifth Street right-of-way as shown in the
Official Tax Maps of the City of Hoboken; bound to the north by a
line that continues along the northern building line of the Wesley
J. Howe Center from Sinatra Drive to the center line of Howe Circle
to the west of the Wesley J. Howe Center; and bound to the west along
the center line of the Wittpenn Walk south from the Howe Circle to
where it intersects at Sixth Street, and then south along the line
that continues along the eastern building line of McLean Hall on the
university campus to Fifth Street.
(c)
The Castle Point Sub-Area will include the portion of Block
235, Lot 1, bound to the west by Block 239, Lots 4-11 and 14; bound
to the north by Elysian Park; bound to the east by Sinatra Drive;
and bound to the south by a line which begins at the easterly boundary
of Block 239, Lot 4, and follows the northerly property boundary of
Block 239, Lots 16 and 17. From the northeasterly corner of Block
239, Lot 17, the line continues to the north approximately 35 feet
and then perpendicularly continues to the east until Sinatra Drive
without infringing on the existing footprint of Castle Point Hall.
(d)
The Core Sub-Area will include that portion of the University
District that is not within the Edge Sub-Area, Castle Point Sub-Area,
or Transition Sub-Area as defined in this section.
B.
Purpose.
(1)
The purpose of the University District is to support the appropriate
development of the university campus in the City while maintaining
the character of the campus and protecting the adjacent neighborhoods.
(2)
A new section of the Hoboken Zoning Code is hereby established
specific to the university campus and eliminates all reference to
the R-1(E) District previously governing university development in
the University District.
(3)
This section further establishes three sub-areas within the
University District for the purpose of applying land use and bulk
regulations that recognize conditions specific to each area with respect
to planning objectives, development constraints, and opportunities,
as well as potential impact considerations.
C.
Applicability.
(1)
This section and the provisions herein shall apply only to properties
located within the University District as shown on the University
District Zone and Sub-Area Map attached hereto and made a part hereof.[1]
[1]
Editor's Note: Said map is included as an attachment to this chapter.
(2)
This section is not intended to interfere with or abrogate or
annul other ordinances governing land use within the City of Hoboken.
(3)
This section shall not apply to, be construed to limit in any
way, or supersede the requirements established for other City of Hoboken
zones or districts.
(4)
Definitions and word usage specified herein for application within the University District shall not be applied to other zones or districts unless otherwise expressly adopted in Article III of the Zoning Code.
(5)
A use, structure, or lot lawfully existing as of the effective
date of this section that has been made nonconforming as a result
of passage of this section may be maintained and continue to function
as the same nonconforming use, structure, or lot until the use, structure,
or lot are substantially altered. The Municipal Land Use Law, at N.J.S.A.
40:55D-68, specifies requirements for obtaining a certification of
pre-existing nonconforming uses.
(6)
All lot dimension, coverage and open space requirements will
be calculated based on the extent of the total sub-area rather than
on a tax lot basis.
(7)
For any structure located in more than one sub-area (e.g., a
building that spans the Transition and Core Sub-Areas), the zoning
requirements of the sub-area which contains the majority of the gross
floor area of the structure shall be applicable.
(8)
Any structure may contain more than one permitted use.
(9)
There is no limit to the number of uses and structures on any
tax lot or sub-area tract within the University District.
D.
ACADEMIC AND ADMINISTRATIVE OFFICES
ATHLETIC FACILITIES
AUDITORIUM
AUXILIARY HOUSING
AVERAGE ADJACENT GRADE
CAMPUS
CLASSROOMS and LECTURE HALLS
DORMITORY
FRATERNITY AND SORORITY HOUSES
HEALTH CARE SERVICES
IMPERVIOUS COVERAGE
INCUBATOR AND ACCELERATOR FACILITIES
INFRASTRUCTURE SUPPORT FACILITIES
LABORATORIES and RESEARCH FACILITIES
OFF-CAMPUS
ON-CAMPUS
PARKING-TO-PERMIT RATIO
RETAIL ESTABLISHMENTS
SPECIAL INTEREST HOUSING
STUDENT
STUDENT HOUSING
STUDENT LIFE FACILITIES
UNIVERSITY
UNIVERSITY PARKING PERMIT
Definitions. For purposes of administering this section and the University
District, the following definitions shall apply.
Offices occupied by academic professionals of a university
and other of its personnel or personnel contracted by the university
for overall management and supervisory functions associated with the
university.
Gymnasiums, weight rooms, pools, fields, sports fields and
courts, and any other related facilities associated with recreational
activities, physical fitness and/or team sports.
A large room built to enable an audience to watch performances,
lectures, ceremonies, or demonstrations on a scale not accommodated
by a lecture hall.
Nonstudent living quarters reserved for staff, administration,
faculty, visiting professors, or guests of the university.
The average of the elevation of the finished ground level
adjoining the four corners of the building.
The grounds and buildings, or parts thereof, owned and/or
leased by the university.
Rooms or spaces used for educational instruction. Classrooms
typically accommodate an occupancy between one and 50. A lecture hall
may accommodate an occupancy up to 250.
Buildings or parts thereof used as group living quarters
for students affiliated with the university.
A building containing sleeping rooms, bathrooms, common kitchen
facilities, and shared living rooms maintained exclusively for fraternity
or sorority members and their guests or visitors and affiliated with
the university.
A facility affiliated with the university principally engaged
in providing professional services for health maintenance and the
treatment of mental and physical conditions for the university community.
Any type of human-made surface that does not absorb rainfall,
such as rooftops, patios, driveways, and sidewalks. The area of existing
porous/permeable pavement and vegetated roofs shall be exempted from
impervious coverage calculations. Solar panels are also exempt under
N.J.S.A. 40:55D-38.1.
Facilities intended to support business startups and entrepreneurs
by providing services such as management training, networking opportunities,
and office space.
Noneducational support facilities such as, but not limited
to, information and communications facilities, maintenance and workshop
facilities, service vehicle storage, physical plant facilities, and
campus police.
Facilities that provide controlled conditions for experimentation,
research, or teaching. Such facilities are subclassified as follows:
|
LABORATORY, WET — Laboratories where chemicals, drugs,
or other material or biological matter are tested and analyzed requiring
water, direct ventilation, and specialized piped utilities located
within a building specifically designed to house them. Wet laboratory
facilities may, among other things, include areas for housing animals
or plants for testing and observation, storage and handling of biological
agents, and storage and disposal of hazardous waste.
|
|
LABORATORY, DRY — Facilities designed specifically for
work with nonreactive materials and equipment with few piped services.
The laboratories defined by this space type are analytical laboratories
that may require accurate temperature and humidity control, dust control,
and clean power, but do not generate hazardous waste.
|
The grounds and buildings, or parts thereof, owned and/or
leased by the university outside of the University District.
The grounds and buildings owned and/or leased by the university
within the University District.
A ratio of the number of parking spaces required as compared
to the number of parking permits issued.
A fixed location, associated with the university, engaged
in selling goods or merchandise, and/or providing services, not otherwise
defined herein, primarily to students, faculty, staff, visitors and
guests of the university and to the general public.
Group housing for students of the university, other than
fraternities and sororities, that has a common theme or purpose.
Any person who is enrolled at the university, including students
that are classified as: resident, nonresident, full-time, part-time,
undergraduate, graduate, on-campus or off-campus.
An umbrella term referring collectively to all buildings
or parts thereof where students reside in university owned or provided
housing, including, but not limited to, dormitories, fraternity houses,
sorority houses, and special interest housing, including apartments
or residences.
Buildings or parts thereof used to provide services to students
affiliated with the university, including, but not limited to, food
service and dining facilities, student activity and club facilities,
physical fitness and nonathletic recreational facilities, entertainment
venues, and other adaptable spaces for student use.
An institution of higher learning authorized by the state
to award baccalaureate or higher degrees.
Any instance of permission being granted by the university
to park a motor vehicle in the University District or on a street,
including permission granted to any full-time or part-time students,
faculty, staff, contractors, etc., except in the case where permission
is granted for a one-day only pass, where such permission is valid
for not more than one day, not to exceed 10 per person in a twelve-month
period.
E.
Sub-areas: purpose.
(1)
Transition Sub-Area. The purpose of the Transition Sub-Area
is to create a buffer between the residential areas of Hudson Street
and Castle Point Terrace and those uses typical of a university campus.
Development along the edges of the campus should be reduced in scale
and respectful of the pattern of development and character of the
adjacent historic neighborhoods.
(a)
The Transition Sub-Area should encourage land uses, building
design, and scale that are harmonious and complementary to the surrounding
nonuniversity neighborhood.
(b)
Uses in the Transition Sub-Area should be designed to mitigate
potential impacts on adjacent residential areas.
(c)
The Transition Sub-Area should create an inviting and pedestrian-friendly
edge to the campus. Buildings in this area should be oriented to the
street and special care should be given to design and maintenance
of the streetscape, including, but not limited to, sidewalks, fences,
and landscaping that highlight the campus setting within the urban
environment.
(2)
Core Sub-Area. The purpose of the Core Sub-Area is to allow
for appropriate development within the internal portions of the campus.
The scale of buildings and intensity of uses are less restricted in
this sub-area, acknowledging it as the center of campus and the nucleus
of student life.
(a)
Development of new buildings and renovation and adaptation of
existing structures within the Core Sub-Area are encouraged, but in
a manner that maintains or enhances view corridors to the Hudson River
and New York City.
(b)
The Core Sub-Area focus should be on maintaining the character
of the campus while promoting high-quality design in new buildings,
gathering areas and open spaces to create a sense of place reflective
of the educational mission of the university.
(c)
Attention should be paid to enhancing of the student experience
beyond the classroom; improving the pedestrian experience and accessibility
and circulation; and creating spaces for collaboration and assembly.
(3)
Edge Sub-Area. The purpose of the Edge Sub-Area is to accommodate
development of taller structures in a portion of the campus that is
furthest removed from residential neighborhoods and to take advantage
of the sloping topography to maximize usable space while minimizing
the impact of height.
(a)
Development in the Edge Sub-Area should occur so as to create
new view corridors to the Hudson River and New York City and enhance
connectivity to the waterfront. New buildings in the Edge Sub-Area
should orient architectural appeal both toward the campus and the
waterfront.
(b)
For new developments within the Edge Sub-Area, the university
should explore new campus points of entry for delivery vehicles, buses,
and shuttles in order to reduce university-related commercial traffic
through the neighboring residential areas.
(c)
Development of the Edge Sub-Area should promote and enhance
the pedestrian experience along Sinatra Drive with new sidewalks,
points of access, and landscaping.
(4)
Castle Point Sub-Area. The purpose of the Castle Point Sub-Area
is to limit development within the northerly most portion of the campus
to maintain the continuity with the surrounding residential areas
and Elysian Park.
F.
Bulk regulations.
(1)
U-Transition Sub-Area bulk standards.
(a)
Maximum building height: 40 feet but not more than four stories
above average adjacent grade.
(b)
Maximum impervious cover (in aggregate to the sub-area): 70%.
(c)
Front lot-line setback; applicable when adjacent to a public
right-of-way: none or prevailing.
(d)
Minimum distance between buildings: none for buildings with
frontage along Hudson Street; 10 feet for all other buildings.
(2)
U-Core Sub-Area bulk standards.
(a)
Maximum building height: 10 stories but not to exceed 120 feet
(excluding rooftop mechanical equipment; see design guidelines).
(b)
Maximum impervious cover (in aggregate to the sub-area): 50%;
up to 60% with green infrastructure (see Section G of the design guidelines).
(c)
Minimum distance between buildings: 10 feet.
(3)
U-Edge Sub-Area bulk standards.
(a)
Maximum building height: 160 feet above average adjacent grade,
except as indicated:
[1]
For buildings located on Fifth Street or Sinatra
Drive, as specified, building height step-back requirements shall
be employed in accordance with supplemental guidelines set forth herein.
[2]
For one student center/housing structure located
approximately at the site presently occupied by the Hayden Hall and
the Jacobus Student Center, the maximum building height may be 225
feet, contingent on supplemental guidelines established for the project
and set forth herein.
[3]
Height requirements exclude rooftop mechanical
equipment; see supplemental guidelines.
(b)
Maximum impervious cover (in aggregate to the sub-area): 50%;
up to 60% with green infrastructure (see Section G of the design guidelines).
(c)
Front and side lot-line setback; applicable when adjacent to
a public right-of-way:
[1]
Fifth Street frontage: setback shall match the
side building line of McLean Hall (approximately 10 feet from lot
line: 15 feet from curbline).
[2]
Sinatra Drive: 10 feet for stretch of Sinatra Drive
from its intersection with Fifth Street for a distance of 200 feet
along Sinatra Drive; 20 feet everywhere else.
[3]
A minimum ten-foot-wide sidewalk shall be provided
(inclusive of any sidewalk area located within the public right-of-way).
(d)
Minimum distance between buildings: 15 feet.
G.
Supplemental bulk and design guidelines.
(1)
Requirements for Edge Sub-Area University Center and Student
Housing Project. One development consisting of two student housing
towers connected by a university center may be permitted in the Edge
Sub-Area, on approximately the site presently occupied by Hayden Hall
and the Jacobus Student Center, subject to the following additional
design requirements:
(a)
The overall building height shall not exceed 225 feet, excluding
rooftop mechanical equipment and elevator and stair bulkheads. Such
height shall be applicable to one of the towers, with the height of
the second tower to be at least 20 feet lower than the first tower,
excluding rooftop mechanical equipment and elevator and stair bulkheads.
(b)
The connective base portion of the building shall not exceed
65 feet in height.
(c)
The base of the build shall be set back a minimum of 50 feet
from Sinatra Drive.
(d)
The two towers of the building shall be separated by a minimum
of 60 feet.
(e)
The building shall not exceed 485,000 gross square feet of floor
area.
(f)
The tower building masses shall be oriented such that facades
with shorter lengths are generally oriented to face the Hudson River
and Sinatra Drive to the east.
(g)
The building's east-facing facade shall incorporate vision glass
over a minimum of 40% of the overall facade area.
(h)
The base or podium of the building shall incorporate breaks
in the building massing and employ clear glass to provide views toward
the Hudson River and the Manhattan skyline.
(i)
The building shall have its primary pedestrian access from the
campus or west side of the building from Wittpenn Walk.
(j)
Green infrastructure elements shall be incorporated into the
design of the building, and a minimum LEED Certified Silver or equivalent
level from a similar third party sustainable design rating system
shall be achieved.
(2)
Building height step-back requirements.
(a)
Where required, upper stories of buildings must be stepped back
from lower portions in an effort to minimize building bulk and massing
as visualized from the street and open up views to the sky.
(c)
Buildings must be stepped back for a minimum depth of 10 feet
at the height of the lowest rooftop portion of the nearest adjacent
building in an effort to match similar rooflines, or at a height of
55 feet measured from the average grade of the build-to line of the
building, whichever is less.
(3)
Castle Point steep slope buffer area. In order to protect the
existing vegetated steep slope area located along the easterly edge
of Castle Point, and to avoid potential adverse impacts, including
erosion, siltation, and surface water runoff, no new buildings within
the University District may be erected within areas with a slope of
40% or greater.
(4)
Rooftop appurtenances. Appurtenances that are a part of or affixed
to the roof of a building, such as elevator and stair bulkheads; mechanical
equipment associated with heating, cooling, or ventilation of the
host structure; screening; antennas; solar or wind energy production
devices; and green-roof installations, shall be excluded from the
height calculation of a structure, provided that no appurtenance is
taller than 15 feet above the roof surface, and that the aggregate
roof cover of bulkheads, mechanical equipment, and antenna installations
does not exceed 30% of the total roof area of the roof on which they
are located. Solar and wind energy production devices and green-roof
installations shall be exempt from roof cover calculations. A roof
terrace intended for human occupancy, where permitted, may increase
the aggregate roof cover of all appurtenances plus terrace to 50%
of the roof area of the roof on which it is located, provided the
remaining roof area has an intensive green-roof installation. A parapet
wall shall be permitted and not be considered an appurtenance for
the purposes of percent of roof coverage calculation.
(5)
Temporary uses and structures. Temporary uses and/or structures
not pertaining to construction-related activities, such as, but not
limited to, tents, temporary seating, and temporary parking associated
with special events such as orientation, graduation, academic conferences,
and similar events, shall be installed no sooner than three weeks
before the start of the event and shall be removed no later than three
days following the end of the event. Temporary uses and structures
shall receive approval by the Zoning Officer and shall not be subject
to site plan approval.
(6)
Interim uses and structures for academic activities.
(a)
Interim uses and nonpermanent structures related to academic
research and development activities, such as, but not limited to,
greenhouses, labs, models, and prototypes associated with academic
projects, or other similar temporary facilities, shall be permitted
for the duration of the project or activity to which the use or structure
is associated, up to but not to exceed one year, unless an extension
is approved by the Planning Board.
(b)
Construction trailers related to approved construction activity
shall be permitted up to but not to exceed two years, unless an extension
is approved by the Planning Board.
(7)
Green infrastructure bonus standards for impervious coverage.
(a)
Impervious pavement and buildings disrupt the infiltration of
water into the ground, depriving plants and aquifers of moisture.
Instead, urban rainfall quickly flows over parking lots, rooftops,
streets and sidewalks, picking up pollutants and sediment on the way
downhill. This concentrates stormwater both in time and space, making
urban areas prone to flooding and downstream watersheds subject to
erosion and pollution. (Source: Regional Plan Association, 9 Ways
to Make Green Infrastructure Work.)
(b)
Green infrastructure bonuses are permitted to mitigate impacts
of impervious coverage beyond the maximum base amount allowed. For
new construction or expansion of existing structures or impervious
coverage, the university must implement a minimum of two mitigation
strategies of its choosing listed below, to be approved by the Planning
Board.
[1]
Green roof: engineered soil, vegetation, and drainage
systems on a flat or pitched roof.
[2]
Rain gardens. Landscaped depressions infiltrate
and filter stormwater runoff with specialized plants, possible underdrain;
also known as "vegetated infiltration basin."
[3]
Bioswales: sloped drainage areas filled with vegetation,
soils, and/or stone to direct, infiltrate and filter stormwater runoff.
[4]
Stormwater street tree pits: tree canopies, roots,
and tree pits that facilitate stormwater infiltration and detention
and help reduce runoff.
[5]
Porous pavement. Special asphalt, concrete, or
spaced paving enables water to infiltrate soil, evaporate, or drain
appropriately.
[6]
Solar canopies: installation of additional solar
canopies, especially at any remaining surface parking lots.
[7]
Water retention roof tiles: roof tiles that absorb
and hold water, for locations or pathways where green roof is not
suitable.
[8]
Stormwater detention tanks.
[9]
Other educational research projects or test installations
specifically related to hydrology and stormwater control.
[10]
Other best green infrastructure practices as approved
by the Planning Board Engineer.
[11]
A standalone infrastructure project may be included
toward a coverage bonus.
H.
Uses. Permitted uses in the University District Sub-Areas are indicated
below:
|
U - Uses
|
Transition
|
Core
|
Edge
|
Castle Point
|
|---|---|---|---|---|
|
Academic and Administrative Offices
|
P*
|
P
|
P
|
—
|
|
Athletic Facilities
|
P*
|
P
|
P
|
P
|
|
Auditoriums and Lecture Halls
|
P*
|
P
|
P
|
—
|
|
Auxiliary Housing
|
P*
|
P
|
P
|
—
|
|
Classrooms
|
P
|
P
|
P
|
—
|
|
Dormitories
|
—
|
P
|
P
|
—
|
|
Fraternity and Sorority Houses
|
P*
|
P*
|
P*
|
—
|
|
Health Care Services
|
P*
|
P
|
P
|
—
|
|
Incubator and Accelerator Facilities
|
P*
|
P
|
P
|
—
|
|
Infrastructure Support Facilities
|
—
|
P
|
P
|
—
|
|
Laboratory and Research Facilities, Wet
|
P*
|
P*
|
P*
|
—
|
|
Laboratory and Research Facilities, Dry
|
P
|
P
|
P
|
—
|
|
Retail Establishments
|
P*
|
P
|
P
|
—
|
|
Student Life Facilities
|
—
|
P
|
P*
|
—
|
|
Solar and Wind Renewable Energy Facilities
|
P
|
P
|
P
|
—
|
|
NOTES:
| |
|
*
|
Permitted subject to compliance with Subsection I, Supplemental regulations for specific uses.
|
I.
Supplemental regulations for specific uses. The following requirements
are applicable to those uses that are permitted, subject to compliance
with this section. A permitted use subject to compliance with this
section shall be subject to review and approval by the Planning Board
and shall not constitute a "conditional use" as defined in N.J.S.A.
40:55D-3. Relief from these requirements may be granted by the Planning
Board in accordance with N.J.S.A. 40:55D-70c. Standards designated
as "shall" or "will" are required to be met, and those designated
with "should" or "may" are encouraged, or cited as examples, but are
not mandatory.
(1)
Academic and administrative offices. Where academic or administrative
offices are located within the Transition Sub-Area, the office facilities
shall operate during regular business hours: 7:00 a.m. to 10:00 p.m.
Only the Planning Board, by referral, may extend the hours, as it
sees fit, depending on the specific location, use and occupancy of
the building.
(2)
Athletic facilities.
(a)
Any modification of or addition to existing athletic facilities
in the Transition Sub-Area shall be set back, not less than 100 feet
from Hudson Street and/or Eighth Street.
(b)
A noise mitigation plan shall be provided for any accessory
use associated with athletic facilities or sports fields that includes
sound amplification equipment to assure compliance with the local
noise ordinance.
(c)
A lighting plan shall be provided that includes, but is not
limited to, site-line studies, equipment specifications, screening
measures, and hours of use, to assure that there is no light intrusion
onto adjacent nonuniversity properties.
(3)
Auditoriums and lecture halls.
(a)
Other than the existing auditorium in Edwin A. Stevens Hall,
DeBaun Auditorium, the maximum occupancy for an auditorium or lecture
hall in the Transition Sub-Area shall not exceed 250 persons.
(b)
Other than the existing auditorium in Edwin A. Stevens Hall,
DeBaun Auditorium, where auditoriums or lecture halls are located
within the Transition Sub-Area, the facility shall operate only between
the hours of 7:00 a.m. and 10:00 p.m., Monday through Saturday, and
from 10:00 a.m. to 9:00 p.m. on Sunday.
(4)
Auxiliary housing. An auxiliary housing unit shall contain no
more than five beds or bedroom suites.
(5)
Fraternity and sorority houses.
(a)
Residential occupancy of a fraternity or sorority house shall
comply with the minimum requirements of the International Property
Maintenance Code.
(b)
A noise mitigation plan shall be provided with the site plan
application. Sound attenuation measures shall be taken on any new
structure or addition to an existing structure to minimize sound migration
to adjacent properties, to assure compliance with the local noise
ordinance. Such measures may include, but are in no way limited to,
installation of noise suppression windows, installation of absorptive
insulation in walls and ceiling, acoustic panels and/or layers of
QuietRock® drywall or similar wall treatments.
(c)
A maintenance plan for the exterior of the building shall be
provided with the site plan application. Such maintenance plan shall
include, but is not limited to, a schedule for general upkeep such
as painting, cleaning, and repairs, and for grounds and landscape
maintenance.
(7)
Incubator and accelerator facilities.
(a)
Facilities within the Transition Sub-Area shall have 3,000 square
feet or less of gross floor area. Incubator and accelerator facilities
with more than 3,000 square feet are subject to site plan review and
additional conditions to be determined by the Planning Board.
(b)
The hours of operations for an incubator or accelerator facility
in the Transition Sub-Area shall be limited to 7:00 a.m. to 10:00
p.m. Hours of operation in Core and Edge Sub-Areas are not restricted.
(8)
Laboratory and research facilities, wet.
(a)
A list of all controlled substances, chemicals and hazardous
materials to be used on the premises must be submitted with the site
plan application along with written handling and storage procedures,
where applicable.
(b)
A waste storage and disposal plan must be submitted with the
site plan application describing where waste, including any chemical
or medical waste, will be stored on the premises and how the waste
will be removed and by whom.
(c)
If the facility includes equipment or services that may generate
noise or vibration, attenuation measures shall be taken to minimize
vibration and sound from migrating to other parts of the building
and to the surrounding area, to assure compliance with the local noise
ordinance.
(d)
If the facility will be conducting activities that are likely
to generate heat, odors, airborne particulate, dust or other such
by-products, a make-up air and/or ventilation system shall be required
to ensure consistent air quality and minimize dissipation of those
work by-products inside or outside the building as per state and federal
regulations.
(e)
If the facility will house animals for research purposes, a
housing, sanitation, and security plan must be submitted with the
site plan application. Additional noise attenuation measures may also
be required.
(9)
Retail establishments. A scope of proposed retail activities
shall be provided with the site plan application that includes hours
of operation and a circulation and occupancy plan.
(10)
Student life facilities.
(a)
Portions of retail establishments and student life facilities
located within the Edge Sub-Area at grade along Fifth Street and/or
Sinatra Drive shall be accessible from the street in order to promote
an active and pedestrian-oriented streetscape.
(b)
Within the first story of a building, areas of assembly within
100 feet of Stevens Park shall not have a static occupancy of more
than 100 persons. Higher occupancies shall be subject to conditions
of approval to be determined by the Planning Board.
(c)
A noise mitigation plan shall be provided. Sound attenuation
measures shall be taken to minimize sound migration to adjacent properties.
Such measures may include, but are in no way limited to, installation
of noise suppression windows, installation of absorptive insulation
in walls and ceilings, acoustic panels and/or layers of QuietRock®
drywall or similar wall treatments.
J.
Parking and transportation requirements.
(1)
Spaces required. The number of parking spaces maintained in
the University District shall be equal to or greater than 0.8 times
the number of parking permits ("the parking-to-permit ratio"), as
defined herein, issued by the university, except as follows:
(a)
Where the university demonstrates adherence to a parking and transportation demand management (TDM) report as per Subsection J(4) below, and where such parking and TDM report is submitted to the Planning Board and the analysis demonstrates that existing trip reduction measures have been successfully implemented and warrant parking supply reduction, the number of required spaces may be reduced commensurate to reductions acknowledged in the TDM report. Such reduction shall require variance relief pursuant to N.J.S.A. 40:55D-70c.
(b)
The parking-to-permit ratio is evaluated on a campus-wide basis and is not project-specific. Current and projected permit data is to be submitted based on annual parking and TDM report compliance per Subsection J(4) below. The parking and TDM report and review are done annually per this section.
(2)
Annual review. The number of parking spaces shall be reviewed each year, upon receipt of the annual parking and TDM report (see Subsection J(4)(b) below). Based on the criteria set forth in Subsection J(1) above, the Planning Board will, at that time, vote to re-authorize the existing parking-to-permit ratio, or, subject to the success of implementation of the parking and TDM report, may approve an increase or a decrease in the required parking-to-permit ratio.
(3)
Remedy of noncompliance. In the event of an unaddressed parking
deficiency, the university shall secure additional spaces that satisfy
the deficiency through the provision of on-site or off-site parking
arrangements. Such arrangements shall be reported to the Zoning Officer
and, if in the opinion of the Zoning Officer, the deficiency has been
adequately addressed, shall be approved by the Zoning Officer.
(4)
Parking and transportation demand management. A parking and
transportation demand management (TDM) report is allowed in order
to meet the City of Hoboken's objectives to reduce the number of single-occupant
trips and the number of vehicle miles traveled (VMT), as well as traffic
and associated air pollution, fuel use, noise and congestion. The
proposed parking and TDM plan shall be implemented as a pilot program
beginning in January 2019 and shall begin implementation by August
2019.
(a)
Eligible TDM strategies. Eligible TDM strategies include those
that demonstrate a commitment to reducing single-occupant vehicle
trips in and around Hoboken, and which encourage the use of mass transit,
bicycling, walking, and other transportation alternatives such as,
but not limited to: subsidized public transit passes and other incentives:
provision of shuttle services and paratransit systems; subsidizing
ride-hailing services; providing student ride-share/carpooling programs;
providing bicycle facilities and bicycle commuting incentives; preferential
parking for low-emission vehicles, zero-emission vehicles, bicycles,
carpools, and vanpools; policies that restrict eligibility for on-campus
students and Hoboken residents to receive parking permits; policies
regarding visitor passes; educational programs to inform on-campus
and off-campus populations as to the need for and benefits realized
from changes in commuting behavior; and other strategies as approved
by the reviewing entity. This commitment must be accompanied by a
detailed description of the measures proposed to be implemented.
(b)
Parking and TDM report. The university shall provide the annual
report to the Director of Community Development, the Zoning Officer,
and the Planning Board, due November 15 of each year beginning November
15, 2019. The annual parking and TDM report shall be prepared by a
qualified third-party expert in parking and transportation and shall
include, but not be limited to, the following:
[1]
Current student, faculty, and staff population
figures for the current enrollment year and estimated population projections
for the following three enrollment years;
[2]
The number of parking permits issued for the prior
year and for the current year-to-date, as well as an estimated projection
of parking permits to be issued for the following year, broken down
by campus population type and permit type;
[3]
An inventory of the university's parking supply,
parking utilization rates and parking demand statistics for the reporting
year, and an analysis of notable trends;
[4]
A detailed description of all TDM programs and
policies and how those programs are administered, actual enrollments
per program compared to enrollment targets, analysis of changes of
use over time, and any proposed changes or enhancements to the program;
and
[5]
Goals for the specific numeric reduction (and percent
reduction) in vehicle trips; and an analysis of the effectiveness
of the TDM programs and policies towards meeting the campus's goals
of reducing the number of vehicles on campus.
(c)
If a substantial interim change is made to the parking and TDM
report between reporting periods, the revised parking and TDM report
must be submitted to the Planning Board.
(5)
Curb cuts. As of the adoption of this section, no new curb cuts
shall be added along Hudson Street.
(6)
Loading zones. As of the adoption of this section, no loading
zones, not including any previously approved loading zones, shall
be added on Hudson Street, Castle Point Terrace, Fifth Street, Sixth
Street, Eighth Street or Ninth Street.
(7)
Enforcement. Failure to comply with the provisions of this section
shall be subject to the penalties enumerated below:
(a)
Failure by the university to adhere to an approved parking and TDM report within 60 days of notice of such deficiency shall result in the immediate revocation of any reduction in the minimum parking supply and shall return the number of required spaces to 0.8 times the number of parking permits issued by the university. Upon such revocation, the university shall, within 30 days, satisfy the deficiency as prescribed in Subsection J(3) above.
K.
University District signage.
(1)
Signs on university buildings within the University District
that are internal to the campus and/or signs that are located on a
building facade that does not front on a public right-of-way (Hudson,
Fifth, Sixth, Eighth and Ninth Streets, Sinatra Drive and Elysian
Park) shall be exempt from regulation under this section and the Signs
and signage section of the Municipal Zoning Code.[2]
(2)
Building identification signs oriented to Hudson Street, Fifth
Street, Sixth Street, Eighth Street, Ninth Street or Elysian Park
shall be permitted to a maximum area of 35 square feet. Letter height
should not exceed 10 inches, and the sign should not project more
than six inches from the face of the building. Lighting, when used,
for signs in these locations shall be indirect, either from an external
source or as a halo behind raised lettering.
(3)
Building identification signs oriented to Sinatra Drive shall be permitted to a maximum of 100 square feet. Individual letter height should not exceed 15 inches, and the sign should not project more than 12 inches from the face of the building. Lighting, when used, for signs in this location shall be indirect, either from an external source or as a halo behind raised lettering, except as noted in Subsection K(4) below.
(4)
Notwithstanding Subsection K(3) above, one internally illuminated sign identifying the university shall be allowed on any one of the building facades oriented to the Hudson River located within the Edge Sub-Area or on the Howe Center. The area of this one sign shall not exceed 450 square feet.
(5)
Freestanding institutional or university "gateway" identification
consisting of constructed vehicular and pedestrian entrances to the
campus shall be permitted subject to site plan approval. Locations
for such constructed gateways may include, but are not limited to,
the northeast corner of Fifth and Hudson Streets and the north side
of the Fifth Street intersection with River Terrace in front of Edwin
A. Stevens Hall, or at the entrance to Fifth Street from Sinatra Drive,
or at the easterly end of Ninth Street where it meets the campus.
Constructed pedestals marking the entrances may incorporate decorative
street lamps. Face signs built into the gateway shall only be externally
illuminated from a ground-mounted fixture positioned to illuminate
the face of the sign. All light sources shall be properly screened
to minimize unnecessary light migration.
(6)
Building identification and way finding signage consisting of
a ground-mounted base, pole or posts with a fixed sign panel used
to direct visitors to specific buildings and sites within the campus
shall be permitted throughout the University District, without restriction,
except within 25 feet of Hudson Street or Fifth Street. Wayfinding
or directional signs for installation within 25 feet of Hudson Street
or Fifth Street may be approved by the Planning Board in conjunction
with a site plan, or as part of a comprehensive sign plan at initial
conception; then the signs may be maintained and updated as necessary,
for the life of the signs.
(7)
Temporary signage, including banners, A-frames, yard signs,
feather flags, and similar removable signage used in connection with
special events, such as orientation, graduation, conferences and other
functions typical of a university, shall be permitted anywhere on
campus except within 50 feet of Hudson Street or Fifth Street, subject
to the exceptions noted below. Temporary signage shall be installed
no more than three weeks prior to the special event it is associated
with, and shall be removed within three days following the end of
the event.
(a)
Temporary banners advertising a performance or other event open
to the general public; in the case the banner may be affixed to Stevens'
fences at the corners of Hudson Street and Fifth Street, and Hudson
Street and Eighth Street.
(b)
A-frame signs used for directional wayfinding during admissions
and alumni events shall be permitted on Fifth Street, but shall be
set back 15 feet from Hudson Street, and shall be removed from the
area nightly.
L.
Site plan requirements.
(1)
When required. Notwithstanding requirements for site plan review
and approval as specified elsewhere in this chapter, site plan review
and approval by the Planning Board shall be required under the following
conditions:
(a)
New construction or alterations of existing structures that
result in either the addition of, or the elimination of, 20 or more
student housing beds.
(b)
New educational facilities (nonhousing) with more than 3,000
square feet of floor area.
(c)
Additions and/or alterations to an educational facility that
increase by 20% or more the gross floor area of the existing building
before addition or alteration.
(d)
Demolition or alterations of existing parking that reduces the
number of existing parking spaces by more than 10%.
(e)
Applications requiring relief pursuant to N.J.S.A. 40:55D-51.
(2)
If the proposed development involves one or more zoning discrepancies
as specified in N.J.S.A. 40:55D-70d, the application for site plan
approval and zoning ordinance variance shall be submitted to the Board
of Adjustment.
(3)
Where a proposed development involves one or more zoning discrepancies
as specified in N.J.S.A. 40:55D-70c, the application for site plan
approval shall remain with the Planning Board, and the Planning Board
shall have the power to review the site plan application and variance
request at the same time, and render a decision thereon.
(4)
When review is required by the Historic Preservation Commission,
such review shall precede that of the Planning Board and/or Board
of Adjustment, which shall be informed of the Commission's findings
by way of a written report.
M.
Historic landmarks and review standards. Any alteration, renovation, or maintenance work to be performed affecting the exterior of any locally designated historic landmark buildings or the integrity of the locally designated historic landmark sites, pursuant to Chapter 42, Historic Preservation, Article V, Standards for Review, of the Hoboken Municipal Code shall be subject to Hoboken Historic Preservation Commission review and approval.
N.
Annual review and reporting requirements. An annual report shall
be provided to the City of Hoboken, by the university, no later than
November 15 of each year. The report shall be compiled by the university's
independent auditor, and shall, at minimum, include the following
information.
(1)
A student and faculty census: reporting to include, but is not
limited to, the following:
(a)
The total number of undergraduate and graduate students enrolled
during the prior year;
(b)
A breakdown of the prior year's enrollment by full-time and
part-time students;
(c)
A breakdown of the prior year's enrollment by on-campus versus
online or off-site students;
(d)
The projected enrollment for the next three years; and
(e)
The number of full- and part-time faculty and staff, by category,
employed during the prior year.
(2)
Student housing report: reporting to include, but is not limited
to, the following:
(3)
Space allocation and use analysis. Reporting to include the
total gross square feet of university-owned facilities broken down
by on-campus and off-campus academic, residential, administrative,
athletic, and student life uses by area.
(4)
Public safety report. A link to an electronic copy or a physical
copy of the annual Clery Act Report prepared by the university.
