[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.
[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 ten (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 ninety- five (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 (1) 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 (1) particular conditional use and shall expire if the authorized conditional use shall cease for more than six (6) months for any reason.
(1) Lot size shall be sufficient to provide off-street waiting space for at least eight (8) 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]
**Webmasters Note: The previous sections, 196-34.A(10) through 196-38.A(4), have been amended as per Supplement No. 49.
B. Automobile sales or rental area. [Amended 2-18-1998 by Ord. No. R-294]
(1) Minimum lot area shall be twenty thousand (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 (1) on-site parking space shall be provided for each employee in addition to the requirement for one (1) space for each five thousand (5,000) square feet of lot area.
C. Automobile service station.
(1) No service station shall be located within one thousand (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 two hundred (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 five hundred (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 five hundred (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:
(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.
**Webmaster's Note: The previous letter K. has been amended as per Ordinance adopted 3-3-99.
L. Nursery school. Nursery schools shall be permitted subject to approval by the Zoning Officer with recommendation by the Planning Board. [Amended 6-21-89 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. [Added 5-19-82 by Ord. No. C2121 Sidewalk cafe. The utilization of sidewalk space beyond the building line to accommodate the serving of food and drink to patrons of a restaurant fronting on that space shall be subject to the following conditions:
(1) Conformity with the Building Code and all applicable state and local Health Department standards.
(2) A renewable annual contract between the restaurant management and the Mayor and Council of the City of Hoboken setting forth the annual fee to the city, the hours and conditions of operation and such circumstances as will void renewal of the annual contract.
(3) No more than half the sidewalk or six (6) feet, whichever is less, shall be utilized for sidewalk cafes. In no case shall less than four (4) feet of sidewalk be available for pedestrian traffic.
(4) Site plan review and approval by the Planning Board.
R. Major parking facilities. Major parking facilities shall require the studies listed below in addition to those required by § 19626, 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 § 196-63F 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 Section 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. [Added 11-17-1989 by Ord. No. P-87] Maritime industrial use, including shipping facilities, shall be subject to the following standards:
(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 ten (10) feet in height.
U. [Added 11-17-1989 by Ord. No. P-87] Transportation terminal facilities shall be subject to the following standard:
(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) Free-standing 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 fifty (50) feet in length, nonparking 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 eight hundred (800) feet of the facility. The program must be approved by the City Attorney. Preference must also be given to residents within eight hundred (800) feet of the facility.
W. Conditional uses in the R-1(E) Subdistrict. Any part of any building or facility containing auditoriums and lecture halls with one hundred (100) or more seats, nonuniversity laboratories and offices, physical plant, facilities maintenance and other similar buildings and parking facilities shall be located at least one hundred (100) feet from any property line adjacent to a residential district. [Added 6-20-2001 by Ord. No. R-484; 7-12-2001 by Ord. No. DR4; amended 10-17-2001 by Ord. No. DR-15]
