City of Hoboken, NJ Article X Conditional Uses

§ 196-36 General provisions.

[Amended 8-13-2003 by Ord. No. DR-105]

A. Conditional uses defined. Those uses designated as conditional uses in the district regulations (Article IV) are those which, because of their unique characteristics and potential impact on the surrounding area, require that each specific use shall be considered as an individual case and as to further conformance to additional standards as specified in this article.

B. Conditional uses as permitted uses. Uses designated as conditional uses may be considered to be permitted uses in their respective districts, subject to satisfaction of the requirements and standards set forth in this article in addition to all other requirements of this chapter.

§ 196-37 Procedure.

[Amended 8-13-2003 by Ord. No. DR-105]

A. Application.

(1) Each application for a conditional use permit shall be made to the Building Inspector for referral within 10 days of receipt of the completed application to the Planning Board for action.

(2) Applications for conditional use permits shall contain the same information as required for site plan review by § 196-26. No application shall be considered as officially submitted until such time as the Building Inspector has received all required information and documentation.

B. Planning Board action.

(1) Planning Board jurisdiction. The Planning Board shall have jurisdiction to review and take action on all applications for conditional use permits in accordance with N.J.S.A. 40:55D-67.

(2) Time. The Planning Board shall act on all conditional use permit applications within 95 days of the first Planning Board meeting on or after the date of referral. In the absence of Planning Board action, within such ninety-five-day period, the application shall be deemed approved as submitted. The review period may be extended by mutual agreement of the planning Board and applicant.

(3) Public hearing. The Planning Board shall hold a public hearing on each application, with notice as required by N.J.S.A. 40:55D-12.

(4) Written report.

(a) The Planning Board's decision on each application must be set forth in a written report to the Building Inspector, which report shall authorize the Building Inspector to grant or deny the application or to grant the application subject to conditions.

(b) Whenever review or approval of the application by the County Planning Board is required by Section 8 of P.L. 1968 (N.J.S.A. 40:27-66), the Planning Board shall condition any approval that it grants on timely receipt of a favorable report from the County Planning Board or approval evidenced by failure of the County Planning Board to report thereon within the required time period.

(5) Conditions and safeguards. The Planning Board shall attach such conditions and safeguards to any approved use and development plan as are, in its opinion, necessary to ensure initial and continual conformance with all applicable standards and requirements. In all cases, the Planning Board shall retain continuing jurisdiction.

(6) Application of standards. No conditional use permit shall be granted, except upon a finding by the Planning Board that the standards and requirements for such use set forth in this article, in addition to all other applicable regulations, have been met. The Board's written permit shall set forth such finding. A written report denying such permit shall set forth findings, in specific terms, as to the standards and requirements which have not been met.

(7) Expiration.

(a) Any conditional use permit, not exercised within one year of the date of issuance, shall expire without further hearing by the Planning Board.

(b) A conditional use permit shall be deemed to authorize only one particular conditional use and shall expire if the authorized conditional use shall cease for more than six months for any reason.

§ 196-38 Standards for particular use.

A. Automobile laundry.

(1) Lot size shall be sufficient to provide off-street waiting space for at least eight vehicles.

(2) Access to automobile laundries shall be designed so as to cause minimum interference with movement of traffic.

(3) Drainage shall be sufficient to prevent runoff over sidewalks.

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

(4) Lot size shall be sufficient to accommodate automobiles without blocking sidewalks.

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

B. Automobile sales or rental area.

[Amended 2-18-1998 by Ord. No. R-294]

(1) Minimum lot area shall be 20,000 square feet.

(2) No hazards shall be created for pedestrian or vehicular movement.

(3) Lighting shall not adversely affect adjacent properties.

(4) All outdoor display and service areas shall be paved without asphalt or other similar suitable material commonly used in highway construction.

(5) Any wash and/or repair area shall be indoors.

(6) One on-site parking space shall be provided for each employee in addition to the requirement for one space for each 5,000 square feet of lot area.

C. Automobile service station.

(1) No service station shall be located within 1,000 feet of any existing service station, along the same or opposite frontages of a street.

(2) No service station shall be located within 200 feet of any church, school, hospital, library or theater.

(3) No outdoor oil drainage pits or hydraulic lifts shall be permitted.

(4) All major repair operations shall be conducted within a building.

D. Bar. Bars shall meet the following requirements:

(1) Such use shall not be located within 500 feet of schools or churches.

(2) In residential districts, sounds emanating from bars shall not be audible beyond the property line.

(3) In residential districts, bars shall be subject to the requirements specified for retail business in § 196-33.

E. Club, lodge, social or fraternal organization. Clubs, lodges, social or fraternal organizations shall meet the following requirements:

(1) Eating and drinking facilities shall be open only to members and their guests.

(2) Eating and drinking facilities shall be accessible only from within the main structure, except for loading and unloading areas or emergency exits.

F. Commercial garage. Commercial garages used for the servicing, repair, storage or sale of motor vehicles shall meet the following requirements:

(1) All major repair activities shall be conducted within the building.

(2) No unenclosed oil drainage pits or hydraulic lifts shall be permitted.

(3) The outside storage of vehicles for use as scrap or for salvageable parts shall be considered a separate and distinct use not permitted in relation to this use.

(4) All open areas in which vehicles or parts are stored shall not be visible from any public street. The Planning Board may require the installation of opaque screening under such circumstances.

G. Essential utility or public service. In any residential district, an essential utility or public service shall meet the following requirements:

(1) Essential public service, such as firehouses and emergency squads, shall not be located within 500 feet of a school, church or place of public assembly.

(2) In such event that essential public utilities and related facilities cannot be installed underground, facilities such as pumping stations or transformers shall be enclosed in buildings or effectively screened with an evergreen hedge.

H. Factory outlet stores. Factory outlet stores in the same building which manufactures or assembles the products being merchandised shall meet the same requirements for off-street parking as a retail business or service. Such requirement shall be in addition to that for the manufacturing or assembly use.

I. Funeral home or mortuary. Funeral homes shall be required to provide a driveway or other off-street area sufficient to permit the off-street assembling of funeral processions so as to avoid congestion of adjoining streets.

J. Instructional use. Instructional uses shall be permitted on condition that there is no excessive noise, vibration or other performance standard violated.

K. Loft building. In any district which permits residential uses, loft buildings shall be permitted subject to the following standards:

[Amended 6-21-1989 by Ord. No. P-58; 3-3-1999 by Ord. No. R-371]

(1) Residential and nonresidential uses shall be conducted on separate floors.

(2) No nonresidential use shall be permitted on a floor above a residential use.

(3) No residential use shall be so located as to be exposed to potentially hazardous or noxious fumes or other by-products generated by nonresidential activities in the same building. Hazardous and noxious by-products shall be classified in accordance with NJDEP standards.

(4) Residential areas shall be accessible by a separate entrance and shall meet all requirements of the City of Hoboken Housing and Building Codes.

(5) There shall be a sign on the outside of the building to inform firemen of residential occupancy.

L. Nursery school. Nursery schools shall be permitted subject to approval by the Zoning Officer with recommendation by the Planning Board.

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

M. Nursing home. Nursing homes shall meet the following requirements:

(1) The applicant must be in receipt of an approved certificate of need issued by the Department of Institutions and Agencies.

(2) The applicant must demonstrate compliance with applicable state and local regulations.

N. Office buildings. Multistory office buildings shall be permitted in the R-1 District subject to the following standards:

(1) The use is a conversion from a nonconforming manufacturing, wholesale or other nonresidential use permitted in industrial districts.

(2) There is conformity with the requirements of Article XII of this chapter.

O. Restaurants. Restaurants shall be permitted in residential districts when in conformity with the requirements of § 196-33.

P. Helistop. Any activity related to construction and use of a landing place for a helicopter shall meet all relevant performance standards set forth in § 196-49 of this chapter. Written evidence of such compliance shall be furnished by the New Jersey Departments of Transportation and Environmental Protection. Approval shall, in addition, be conditional upon the applicant's receipt of a state license to operate a helistop.

Q. (Reserved)[1]

[1] Editor's Note: Former Subsection Q, Sidewalk cafe, added 5-19-1982 by Ord. No. C-212, was repealed 11-13-2012 by Ord. No. Z-220.

R. Major parking facilities. Major parking facilities shall require the studies listed below in addition to those required by § 196-26, Site plan review. To permit evaluation of these studies by independent experts of the Planning Board's choice, any applicant for a major parking facility whether as a principal or accessory use shall comply with the conditions of § 196-63 of this chapter, Escrows. Studies to be conducted are traffic impact, environmental impact and neighborhood impact.

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

S. Riverborne public transportation. In reviewing proposals for terminals serving ferries and other riverborne public transportation, the Planning Board shall employ all applicable criteria for site plan review set forth in § 196-26. Where such terminal is an element of a planned unit development, it shall be considered in such context. Where applicable, terminals shall meet major parking facilities requirements.

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

T. Maritime industrial use, including shipping facilities, shall be subject to the following standards:

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

(1) No such use shall be included within a planned unit development.

(2) The proposed use shall be screened from view of residential development, provided that such required screening shall not exceed 10 feet in height.

U. Transportation terminal facilities shall be subject to the following standard:

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

(1) The use is related to, or in replacement of, existing transportation terminal facilities.

V. Public parking facility.

[Added 2-18-1998 by Ord. No. R-294]

(1) Freestanding parking structures as well as aboveground parking below residential or commercial floors shall be clad architecturally to resemble, to the greatest extent possible, the residential or commercial floor, above.

(2) Where parking structures are located within residential zones or adjacent to residential properties, openings for ventilation must have decorative iron-work grilles or comparable installations.

(3) Where the frontages of parking structures exceed 50 feet in length, non-parking uses such as retail or professional uses, shall be provided for to the extent permitted by this chapter.

(4) Facilities in residential zones shall provide monthly rates only. No hourly parking will be permitted.

(5) Operators of the facilities must participate in Park and Shop programs for businesses within 800 feet of the facility. The program must be approved by the City Attorney. Preference must also be given to residents within 800 feet of the facility.

W. Fraternities and sorority houses.

[Added 1-15-2020 by Ord. No. B-219[2]]

(1) Residential occupancy of a fraternity or sorority house shall comply with the minimum requirements of the International Property Maintenance Code.

(2) 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 measure 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.

(3) 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, repairs, and for grounds and landscape maintenance.

(4) Signage shall comply with § 196-31, subject to Historic Preservation Commission review and approval.

[2] Editor's Note: This ordinance also repealed former Subsection W, Conditional uses in the R-1(E) Subdistrict, added 6-20-2001 by Ord. No. R-484, as amended.

X. Stevens auxiliary, nonstudent housing. An auxiliary housing unit shall contain no more than five beds or bedroom suites.

[Added 1-15-2020 by Ord. No. B-219]

Y. Stevens academic and administrative offices. Academic or administrative offices 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.

[Added 1-15-2020 by Ord. No. B-219]

Z. Bed-and-breakfasts.

[Added 1-15-2020 by Ord. No. B-219]

(1) No more than five bedrooms shall be devoted to the bed-and-breakfast use.

(2) The establishment must meet all state and local fire, sanitation, and food service provisions.

(3) The owner of the dwelling shall reside on the premises.

(4) Guest stays are limited to 14 consecutive days.

(5) Any food service is limited to those purchasing lodging and shall not be advertised to the general public as a restaurant.

(6) Cooking facilities and/or kitchenettes are not permitted in guest rooms.

(7) Signage shall comply with § 196-31, subject to Historic Preservation Commission review and approval.

AA. Cannabis wholesaler. All cannabis wholesalers are subject to compliance with § 196-33.1 and Chapter 36, Article II, of the Municipal Code of the City of Hoboken; and to 1) obtaining a State of New Jersey Cannabis Wholesaler license, 2) obtaining an endorsement and community host agreement from the Hoboken Cannabis Review Board, 3) obtaining Land Use Board conditional use approval, and adherence to any and all conditions of approval imposed by said agreements.

[Added 8-18-2021 by Ord. No. B-384; amended 10-20-2021 by Ord. No. B-396]

BB. Cannabis retailer. All cannabis retailers are subject to compliance with § 196-33.1 and Chapter 36, Article II, of the Municipal Code of the City of Hoboken; and to 1) obtaining a State of New Jersey Cannabis Retailer license, 2) obtaining an endorsement and community host agreement from the Hoboken Cannabis Review Board, 3) obtaining Land Use Board conditional use approval, and adherence to any and all conditions of approval imposed by said agreements.

[Added 8-18-2021 by Ord. No. B-384; amended 10-20-2021 by Ord. No. B-396]

CC. Cannabis delivery. All cannabis delivery persons or entities with operations based in the City of Hoboken are subject to compliance with § 196-33.1 and Chapter 36, Article II, of the Municipal Code of the City of Hoboken; and to 1) obtaining a State of New Jersey Cannabis Delivery license, 2) obtaining an endorsement and community host agreement from the Hoboken Cannabis Review Board, 3) obtaining Land Use Board conditional use approval, and adherence to any and all conditions of approval imposed by said agreements.

[Added 8-18-2021 by Ord. No. B-384; amended 10-20-2021 by Ord. No. B-396]

DD. Medical cannabis dispensary. All dispensaries are subject to compliance with § 196-33.1 and Chapter 36, Article II, of the Municipal Code of the City of Hoboken; and to 1) obtaining a State of New Jersey Medical Cannabis Dispensary permit, 2) obtaining an endorsement and community host agreement from the Hoboken Cannabis Review Board, except as provided in § 196-33.1D, 3) obtaining Land Use Board conditional use approval, and adherence to any and all conditions of approval imposed by said agreements.

[Added 8-18-2021 by Ord. No. B-384; amended 10-20-2021 by Ord. No. B-396]