Hackensack, NJ Zoning Ordinance

Hackensack City Zoning Code

Article

IX Overlay Zoning Districts

§ 175-9.1 Inclusionary Overlay Zoning Districts IO-1A, 1B, and 1C.

Purpose.

To provide for the realistic opportunity for the development of affordable housing for households of low and moderate income, as required by Southern Burlington County NAACP v. Township of Mount Laurel, 92 N.J. 158 (1983) ("Mount Laurel II") and the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. and consistent with a settlement agreement between the City of Hackensack and Fair Share Housing Center executed on September 10, 2020, and approved by the Superior Court of New Jersey at a fairness hearing on October 29, 2020, memorialized in a court order dated November 5, 2020 (Docket No. BER-L-5731-15).

(2)

This section establishes the Inclusionary Overlay Zone (IO-1), which shall be divided, as shown in the attached tables, entitled "Properties Within the Inclusionary Overlay Zone - IO-1" and shown in the attached maps, into three subzones:[1]

(a)

IO-1A, encompassing properties identified along Essex Street and Hudson Street south of the Downtown Rehabilitation Area;

(b)

IO-1B, encompassing properties identified along Main Street and Johnson Avenue north of the Downtown Rehabilitation Area; and

(c)

IO-1C, encompassing properties identified on the east and west sides of Railroad Avenue, west of the Downtown Rehabilitation Area and generally between Atlantic Street and Essex Street.

[1]

Editor's Note: See the IO Zone District Maps included as an attachment to this chapter.

(3)

The IO-1A, 1B, and 1C sub-zone districts shall both permit mixed commercial/residential development (except that mixed commercial/residential is prohibited east of Railroad Avenue in the IO-1C sub-zone) or sole-use multifamily residential development meeting the use, bulk, and design standards contained hereinafter, provided that at least 10% of all residential units created pursuant to the overlay zone standards shall be set aside for low- and moderate-income households as provided for elsewhere in this chapter.

(4)

The overlay zone provides an alternative to the underlying zone districts' regulatory provisions, which are and shall remain in force. Any developer or property owner that wishes to develop or use a property in a manner consistent with the existing, underlying zoning may do so and not be subject to the requirements of overlay zone, except that any new residential or mixed commercial/residential development or redevelopment project within the IO-1 overlay boundaries shall be subject to the affordable housing set-aside requirements of the overlay zone. Any existing development on a parcel within the overlay zone that is compliant with the requirements of the underlying zoning may continue or expand as it would have prior to the adoption of this overlay zone.

(5)

The standards of the IO-1C overlay sub-zone shall not supersede the standards of the Prospect - Railroad - Essex - Beech Redevelopment Plan where the 1C sub-zone overlaps the redevelopment area, except that the affordable housing set-aside requirements of the overlay zone must be adhered to within that overlap and any inclusionary residential development within the overlap shall be permitted to develop at a density of 792 square feet of lot area per dwelling unit.

Permitted use. The following uses shall be permitted on any property within the IO-1A, 1B, and 1C sub-zones, provided that a minimum of 10% of all residential units in any building or buildings developed pursuant to this overlay zone article shall be affordable to low- and moderate-income households consistent with the requirements of Chapter 45A, Affordable Housing, or any superseding chapter of the City's regulatory code and all applicable superseding state and federal statutes and regulations including the Uniform Housing Affordability Controls at N.J.A.C. 5:80-26.1 et seq. (with the exception that very-low-income units shall comprise at least 13% of affordable units and be affordable for households earning 30% of regional median income) and COAH regulations at N.J.A.C. 5:93-1 et seq. In the event that 10% of the total number of residential units does not equal a full integer, the fractional number of units shall be rounded upward to provide one additional whole unit (e.g., 10% of 53 units = 5.3 units, round up to 6 units). Permitted uses are as follows:

(1)

Sole-use multifamily development, without commercial or other nonresidential principal uses;

(2)

In the IO-1A and IO-1B sub-zones only, mixed commercial/residential buildings (aka "mixed use"), with commercial uses only at or below the ground level and residential units above the ground level, provided that:

(a)

The ground-story commercial component of any mixed commercial and residential building shall have its primary entrance on Main Street, Essex Street, Hudson Street, or Johnson Avenue. Other than residential lobbies and accessory uses for residents, ground-story uses shall be limited to the following:

[1]

Retail stores and shops where products to be sold are stored within a fully enclosed building, but specifically excluding pawnshops, the sale of used furniture, appliances, machinery, clothing or other used manufactured goods, including antique shops. Recognized charitable rummage sales for a limited period (two weeks) are not included in this exclusion;

[2]

Art gallery, studios for dancing, photography, sculpture or musical instruction or instruction in physical self-defense;

[3]

Bakery where products are sold for retail purposes only;

[4]

Bank or trust company or savings and loan institutions, except drive-in facilities;

[5]

Day care, nursery school, child-care center;

Delicatessen store;

Restaurants;

Bars;

Drugstores;

Florist shop;

Hardware stores;

Package liquor store;

[13]

Personal service establishments, including tailor, dressmakers, shoe repair, barbershop, beauty parlors, nail and hair salons, specifically excluding public garages;

[14]

Pet shops;

[15]

Professional offices, business offices, medical offices, governmental offices;

[16]

Travel agencies or offices;

[17]

Appliance stores;

[18]

Book and stationery stores;

[19]

Dry goods and variety stores;

[20]

Furniture stores/office equipment;

[21]

Hobby and craft stores;

[22]

Painting, plumbing and wallpaper stores;

[23]

Photographic equipment and supply stores;

[24]

Supermarkets.

(3)

This chapter shall not be interpreted as permitting hotels or other temporary lodging facilities as a use in any building constructed or converted to conform to this chapter section.

(4)

Mixed use shall be permitted in the IO-1C sub-zone west of Railroad Avenue subject to the standards of the Prospect - Railroad - Essex - Beech Redevelopment, except that the inclusionary set-aside requirements of the overlay zone must be adhered to, and the maximum permitted residential density shall be 792 square feet of lot area per unit.

Accessory use. Any of the following accessory uses may be permitted within the IO-1A, 1B, and 1C Districts, only on the same lot(s) as a permitted principal use:

(1)

Accessory uses customarily incidental to a permitted principal use.

(a)

This shall include residential amenity spaces and services such as recreational or fitness spaces, child care services, and clothing laundry rooms and/or services, provided that these spaces and services are exclusively for use by residents and their guests.

(2)

Outdoor dining in a mixed-use development;

(3)

Off-street parking and loading facilities;

(4)

Fences;

(5)

Signs.

Conditional use.

(1)

Automatic coin-operated laundries (launderettes) shall be permitted as a ground-story use in a permitted mixed-use development, provided that it meets the requirements of this chapter and § 175-8.2C(19) of this chapter.

Bulk. The following requirements shall apply to the IO-1A, 1B, and 1C sub-zones, except where otherwise specified in the table below, and except that any property west of Railroad Avenue in the IO-1C sub-zone shall be subject to the standards in the Prospect - Railroad - Essex - Beech Redevelopment Plan, with the exception of residential density as provided in the table.

	Mixed Commercial/Residential (aka Mixed Use)	Sole-Use Multifamily Residential
Lot size (square feet)	10,000	15,000
Min. lot width (feet)	100	100
Min. front yard (feet)	No front yard required, except not closer than 12 feet from back of curb	25
Min. side yard, interior (feet)	No side yard is required; however, if a yard is provided, it shall be no less than six feet.	15
Min. side yard, secondary street (feet)	No side yard is required; however, if a yard is provided, it shall be no less than six feet.	15
Min. rear yard (feet)	15	15
Max. height (stories/feet)	4 stories/48 feet for properties in the IO-1A 5 stories/55 feet for properties in the IO-1B sub-zone	4 stories/48 feet for properties in the IO-1A 5 stories/55 feet for properties in the IO-1B sub-zone
Max. lot coverage	80%	50%
Min. lot area (square feet) per dwelling unit (aka maximum density)	871 lot s.f. per d.u., except that 792 lot s.f. per d.u. shall be permitted on lots 1/2 acre in area or larger in the IO-1B sub-zone	1,225 lot s.f. per d.u. in both the IO-1A and 1B sub-zones, except that 792 lot s.f. per d.u. on lots 1/2 acre in area or larger in the in the IO-1B sub-zone or on any lot in the IO-1C sub-zone
Min. height ratio, front	None	None
Min. height ratio, side	None	None
Min. height ratio, rear	None	None
Setbacks between buildings on the same lot	Cartway width of any internal drives/roads, plus: 20 feet where either building wall has windows to dwelling units or amenity space 10 feet where neither building wall has windows except for windows from stairwells, hallways, or other circulation areas	Cartway width of any internal drives/roads, plus: 20 feet where either building wall has windows to dwelling units or amenity space 10 feet where neither building wall has windows except for windows from stairwells, hallways, or other circulation areas

Parking (in IO-1A and 1B, and on lots east of Railroad Avenue in 1C): shall be consistent with the requirements of RSIS and supplemented by the following:

(1)

Driveway access.

(a)

Driveways that connect to any primary street (Main Street, Johnson Avenue, Essex Street, Hudson Street, Railroad Avenue, or Union Street) and provide access to any pickup/dropoff area or parking area shall be at least 50 feet from the curb return of the nearest street intersection or the edge of any other driveway;

(b)

Any parking area (indoor or outdoor) on lot or tract with frontage of two streets shall be accessed by a two-way driveway from the secondary street, provided that the driveway is at least five feet from the rear lot line and that the curb opening on the secondary street is at least 10 feet from any other curb opening on the same side of the street.

(2)

Surface parking.

(a)

Parking shall be prohibited within any front yard or any side yard between a principal building and the right-of-way line of a secondary street;

(b)

Parking areas for sole-use multifamily uses shall be set back at least 10 feet from any ground level residential units and be screened from those units with plantings with a typical growth height of at least four feet tall;

(c)

Surface parking landscaping:

[1]

Surface parking areas having more than 20 parking spaces shall include one tree for every 10 parking spaces.

[a]

Fractions equal to or greater than one half resulting from this calculation shall be considered to be one tree;

[b]

Each such tree shall be located in a planting island with a minimum area of 150 square feet of pervious surface.

[2]

No more than 12 parking spaces shall be permitted between planting islands, or a planting island and a perimeter landscaped area;

[3]

In any surface parking lot having more than 10 parking spaces, at least 5% of the parking area (measured from the either the back of any curb edge or the edge of pavement where a curb does not exist and including all parking spaces and aisles but not including access driveways or interior roads) shall be comprised of planted areas at or below the average grade of the paved surface;

[4]

For surface parking areas, a minimum four-foot planting strip shall be required between the back of sidewalk and any surface parking area and shall be planted with shrubs at four feet on center.

(3)

Structured/underground parking decks.

(a)

Parking structures including structures that are part of or attached to the principal building they serve shall not be taller than two stories above grade.

(b)

Parking security/gates. Buildings can provide security for residents by controlling vehicular and pedestrian access to the second level or underground level in areas designated for the residential parking.

(c)

Structured parking should be concealed from rights-of-way by being located behind buildings or in the center of L-, C-, or donut-shaped buildings.

[1]

Where parking structures cannot be hidden behind buildings or building wings, they shall be designed to mitigate the negative visual effects of the proposed structure with screening or facade design that is architecturally consistent and compatible with the materials, proportions and openings of the primary building, including but not limited to decorative elements, grills, screens, or punched openings.

(d)

Other than at the parking entrances, vehicles within a parking structure shall not be visible from the center line of any roadway;

(e)

Pedestrian access to the parking structure shall be designed to provide safe and sufficient access to surrounding uses they are intended to serve;

(f)

All ramps shall be internal to the parking structure and shall not be visible from any roadway;

(g)

Driveway and garage openings should not exceed 28 feet (excluding loading areas) in width and should include traffic calming measures and a change in surface materials where driveways cross the sidewalk to help ensure pedestrian and bicycle safety.

Buffer and general landscaping requirements (in IO-1A and 1B, and on lots east of Railroad Avenue in 1C): Shall be consistent with the requirements at § 175-13.2, Buffers and general landscaping requirements, in this chapter, except as superseded or supplemented by the following:

(1)

Buffering and screening from residential zones. The following landscaping requirements shall be required along any lot line shared with a property within a Residential Zone (which shall be understood to mean zones R-50, 60, 75, 100, and R-2, and 2B for the purposes of this overlay zone):

(a)

A buffer area having a depth equal to 5% of total lot depth shall be required, except that no buffer less than five feet deep shall be permitted, nor shall a buffer greater than 20 feet deep be required.

(b)

There shall be required one tree and five shrubs for every 500 square feet of buffer area and 30 linear feet of buffer area.

(c)

A solid or semi-open fence not shorter than four feet nor taller than six feet shall be erected along the property line.

[1]

For the purposes of this section, a solid fence shall be one having no cross-visibility from one side of the fence to the other and a semi-open fence shall be one having less than 50% cross visibility;

[2]

Use of a solid fence over a semi-open fence shall reduce the required buffer area shrub density to two shrubs per 500 square feet of buffer area.

Streetscape requirements. Any development within the IO-1A or 1B sub-zones, or in the IO-1C sub-zone east of Railroad Avenue, shall be subject to the following streetscape standards:

(1)

Street trees: street trees shall be planted at 30 feet - zero inch on-center.

(2)

Minimum sidewalk width. The minimum sidewalk width shall be six feet - zero inch.

(3)

Streetlights. All streetlights shall be the City of Hackensack standard pedestrian-scale light pole and fixture (Granville light).

Other requirements. Any development within the IO-1A or 1B sub-zones, or in the IO-1C sub-zone east of Railroad Avenue, shall be subject to all applicable general development and design requirements established in Chapter 175, except as superseded below:

(1)

Building access (pedestrians).

(a)

The entrance to any commercial use and/or space in a mixed-use commercial/residential building shall be distinct and separate from entrances to residential portions of the same building from public rights-of-way or parking areas.

[1]

Lobbies, stairways, elevators, and hallways that provide access to residential units shall not be accessible to employees, customers, or clients of commercial uses in the same building except as may be necessary for emergency egress.

(b)

[1]

Where an indoor or outdoor resident amenity space has direct street access, such access should be designed so that no member of the public can enter the space unless they are accompanied by or authorized to access the space by a resident or building management personnel.

(2)

Building materials and architectural standards. The following shall apply to both mixed-use and sole-use residential buildings.

(a)

Horizontal articulation:

[1]

Building facades in excess of 120 feet in length shall be designed to avoid a monolithic appearance through the use of different facade materials and at least one building step-back or the incorporation of balconies/bay windows for each 120 feet that act to break the building appearance into smaller increments and sections.

[a]

For buildings in excess of 120 feet in length, a vertical demarcation should be included at a minimum of every 60 feet of building façade.

(b)

Roofline emphasis.

[1]

Any pitched roof-line should be emphasized with deep eaves or overhangs, cross gables, and/or dormer windows. The shape of rooflines should coordinate with and reinforce the variation in bay massing and can be utilized to screen mechanical equipment.

(c)

Canopies/awnings.

[1]

Canopies/awnings should be comprised of rigid materials and should be horizontal in nature;

[a]

Awnings, canopies, and similar projections shall have an overhead clearance of at least 10 feet, and may not encroach more than seven feet into the public right-of-way without permission from the governing body;

[b]

Ground supports for projecting features may not obstruct or interfere with pedestrian or vehicular movement.

(d)

Balconies.

[1]

Balconies are permitted above the first story, provided they do not project more than six feet from any building or four feet into the required front yard setback or as permitted by the Building Department.

(e)

Building materials.

[1]

Building materials may include: brick, stone, cast stone, stucco, metal and glass storefront assemblies, wood and fiber cement siding;

[2]

Vinyl siding of any type and grade is strictly prohibited on any portion of any building facade;

[3]

First levels should be designed using different material than the levels above.

(f)

Ground floor design.

[1]

The base of all buildings, regardless of use, shall be distinguished from the remainder of the building with an emphasis on providing design elements that will enhance the pedestrian environment particularly at the street level;

[a]

Elements such as cornices, belt courses, corbelling, molding, string courses, ornamentation, changes in material or color, and other sculpturing of the base are appropriate and should be provided to add special interest to the base;

[b]

Special attention must be given to the design of windows at the base of buildings. Ribbon windows are discouraged. Recessed windows that are distinguished from the shaft of the building through the use of arches, pediments, mullions, and other treatments are encouraged. Windows shall also comply with other requirements or guidance in this section.

[2]

In a mixed commercial/residential building where the ground story is occupied by a commercial use, the ground story shall have a minimum fourteen-foot floor-to-ceiling height.

(g)

Building entrances.

[1]

All pedestrian building entrances from the street should create architectural interest and variation from other portions of the building by incorporating at least three of the following:

[a]

Changes in building plane through recesses and/or projections (including columns, projecting bays, porches, stoops) not projecting more than two feet into the required setback;

[b]

Canopies, awnings, arcades, galleries, or other overhangs;

[c]

Tower elements;

[d]

Architectural embellishments;

[e]

Changes in building material, color, and/or texture; or

[f]

Other design elements that add visual interest as determined by the City.

(h)

Building entrances shall be clearly visible from the street and easily identifiable. They should feature large, open and transparent windows with unique and interesting signage.

[1]

Where the residential and commercial entrances to a mixed-use building are on the same street frontage, the commercial/storefront entrance(s) should be the most visually prominent of the two;

[2]

Operable windows are encouraged.

(3)

Commercial storefronts should express individual identity and positioning, provided they observe the minimum guidelines noted below:

(a)

Storefronts should be "individual" expressions of a tenant's identity;

(b)

Tenants' storefront construction should be of high quality and craftsmanship;

(c)

Any restaurant use is encouraged to provide outdoor seating;

(d)

In locations adjacent to a public plaza, permanent shade structures for outdoor dining are encouraged;

(e)

A minimum five-foot clearance area for pedestrian access along a storefront is required.

(4)

Receptacles. Any mixed use/commercial development within the IO-1A, 1B, or 1C sub-zones shall be subject to the following standards for commercial establishments:

(a)

The owner, agent, lessee or tenant of any commercial establishment which provides food and drinks for consumption off premises, including packaged candies and snack items, shall provide a suitable litter receptacle for the use of his customers. This litter receptacle shall be placed inside the establishment at each exit. The litter receptacle shall be present at all times that the establishment is open for business. The receptacle shall be of suitable height and capacity for the waste generated by the patrons of the establishment and should be appropriately identified as a litter receptacle. The owner, agent, lessee or tenant is responsible for disposing of the litter placed in the receptacle and for removing all litter on the sidewalk and at the curb in front of the establishment.

(5)

Building fenestration. Except as otherwise specified, this section shall apply to both mixed commercial/residential and sole-use multifamily buildings.

(a)

Windows, generally.

[1]

Where expanses of windowless walls are necessary facing a street, they shall not exceed 30 feet in length;

[2]

Windows on upper stories should align vertically from floor to floor and the pattern of window openings should relate to a building's vertical bay pattern;

[3]

Upper-story windows should be vertically proportioned. Windows may be clustered in pairs and triples to create larger, horizontally proportioned expanses of windows;

[4]

All windows should have dimensionality so as to create shadows and texture within the building façade.

[a]

At a minimum, all windows should have deep headers and sills; in addition, trim on all sides that projects from the building facade is encouraged;

[b]

Window glazing should be recessed relative to the surrounding enframement. If divided lintels are used, they should include external members that cast shadows on the glass.

(b)

Storefront windows (mixed commercial/residential buildings).

[1]

Windows for ground-level commercial uses shall cover a minimum of 60% of the storefront wall area (measured by the floor-to-ceiling height of the commercial unit multiplied by the width of the unit along the front building wall) and shall allow for visibility of up to 12 feet into the commercial unit, which shall be generally unobstructed except as follows:

[a]

Window signage shall not cover more than 20% of the window area;

[b]

Merchandise display areas on street-facing window areas are permitted, provided that they shall not have an opaque wall or backing between the display area and floor area and provided that merchandise is not deliberately organized to obscure visibility into the commercial space.

(6)

Mechanical equipment screening. The following shall apply to mechanical equipment or utility structures either attached to buildings, freestanding on lots, or located below grade:

(a)

The screening of rooftop mechanical equipment is required.

[1]

All rooftop mechanical equipment, including cell phone antennas, shall be screened from view from all adjacent public streets, open spaces and parks in all directions and elevations to minimize the negative impact from any public street, neighborhood or adjacent building;

[2]

Screening materials shall be consistent with the architectural detail, color and materials of the building;

[3]

Wire mesh screening is not permitted;

[4]

All roof and HVAC systems must be set back a minimum of 15 feet from the primary street and 10 feet from any other public street or public open space from the building edge and screened as to not be visible from any adjacent public street or public property.

(b)

Any wall pack ventilation unit facing a public street must match the adjacent material color;

(c)

Utility structures, exhaust air vents, backflow preventers, or other similar devices, when located above grade, must be located behind the setback line and be reasonably screened from public view;

(d)

Utility structures located below grade may be located within the setbacks.

§ 175-9.2 Professional Office Overlay District.

Boundaries of district. The PO Overlay District shall be designated as the area bounded by Beech Street, First Street, Essex Street and a line parallel to and located 200 feet west of the westerly right-of-way line of Summit Avenue between Essex Street and Beech Street. This district shall overlay the existing zoning districts within this above described area.

Requirements of underlaying zone.

(1)

All regulations and requirements of each existing (underlaying) zoning district shall continue to apply to all permitted, accessory and conditional uses.

(2)

The conversion only of an existing one- or two-family dwelling to professional office use shall be permitted as a conditional use.

(3)

Within the PO Overlay District, regulations of the underlaying existing zoning district applying to one- or two-family dwellings, including minimum lot size, minimum lot frontage, minimum front yard, minimum rear yard, maximum height, and maximum lot coverage, shall apply to such conversion of an existing one- or two-family dwelling into professional office use.

(4)

In addition, on-site off-street parking shall also be provided as required herein.

Site plan application. An applicant proposing conversion of an existing one- or two-family dwelling to professional office use within the PO Overlay District shall submit to the Planning Board copies of a site plan which shall follow the procedures for conditional uses.

(1)

Lighting of parking areas accessory to a professional office use shall be arranged so as to throw no glare toward abutting or nearby residential properties. Such lighting shall be extinguished no later than 10:00 p.m., prevailing time.

(2)

No more than one two-way driveway or not more than two one-way driveways shall be permitted providing access to such required off-street parking. The width of a two-way driveway shall not be less than 18 feet nor more than 22 feet, and the width of a one-way driveway shall not be less than 10 feet nor more than 12 feet.

(3)

Drainage plans shall be reviewed by the Planning Board, which Board may in such review require a report thereon from the City Engineer. The objective of such drainage plan shall be to remove and direct stormwater from imperious surfaces to the street or natural drainage channel in such manner that will not increase drainage runoff onto any abutting properties.

(4)

All of the area of the front yard, side yard or rear yard abutting a street not used for driveways or walkways shall be landscaped when such premises are located in any underlaying R District. Proposed landscaping plans shall be included with site plans.

(5)

Signs for each professional offices in any R District shall be subject to the provisions of § 175-13.4. Signs for each such professional in any R District shall not exceed two square feet.

§ 175-9.3 Cannabis Retail Overlay Zone (CROZ).

Purpose.

(1)

To permit the establishment of one cannabis retail establishment, as defined herein, within the City of Hackensack, through the mechanism known as overlay zoning.

(2)

To establish appropriate controls for such establishment so as to protect and promote public safety and quality of life for persons residing and businesses existing in proximity to the establishment.

Effect on underlying zoning.

(1)

As an overlay zone, the CROZ does not replace the existing, or "underlying," zone(s).

(2)

Any person or entity that wishes to use or develop upon a property within the CROZ shall have the option to use or develop the property in accordance with the regulations of either the CROZ or the existing/underlying zone.

Conditional uses. Any use that is not specifically identified in this subsection is prohibited in this zone.

(1)

Cannabis Retail Establishments fitting the Class 5 license category under P.L. 2021, c.16, also known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act" (the "Act").

(a)

Conditions.

[1]

Any and all storage associated with the establishment, including refuse and other solid wastes, shall be stored in a building in a secure fashion.

[2]

Refuse and solid waste shall be collected off of the property by a private hauler.

[3]

Signage.

[a]

Shall not include imagery of or representing a marijuana leaf.

[b]

Shall otherwise comply with the signage requirements established at § 175-13.4.

[4]

Shall not include any indoor or outdoor seating or assembly areas for customers or the public, except for seating that may otherwise be required for health, safety, or accessibility for persons with disabilities.

[5]

Marijuana or cannabis consumption shall be prohibited on the premises.

[6]

No retail cannabis or cannabis paraphernalia shall be displayed in any storefront window.

[7]

The establishment shall not be engaged in growing (cultivating), manufacturing, business to business distribution, wholesale, or delivery to consumer operations from the facility.

[8]

If located in a multitenant or mixed-use building, no part of the retail space where cannabis is stored shall be directly accessible from any common area within the building such as common stairways or hallways.

(2)

Bulk, height, and setback requirements shall be the same as the requirements for commercial uses in the underlying zoning.

(3)

For the purpose of calculating parking in a manner consistent with Article XIII, the use shall have a parking requirement of four parking spaces per 1,000 square feet of gross leasable area.

(4)

The establishment shall comply with the Act and with any regulations established and enforced by the Cannabis Regulatory Commission of New Jersey as well as any other lawful authority.

§ 175-9.4 Cannabis Cultivation Overlay Zone (CCOZ).

Purpose.

[Amended 5-24-2022 by Ord. No. 20-2022]

(1)

To permit the establishment of two cannabis cultivation establishments, as defined herein, within the City of Hackensack, through the mechanism known as overlay zoning.

(2)

To establish appropriate controls for such establishments so as to protect and promote public safety and quality of life for persons residing and businesses existing in proximity to these establishments.

Effect on underlying zoning.

(1)

As an overlay zone, the CCOZ does not replace the existing, or "underlying," zone(s).

(2)

Any person or entity that wishes to use or develop upon a property within the CCOZ shall have the option to use or develop the property in accordance with the regulations of either the CCOZ or the existing/underlying zone.

Conditional uses. Any use that is not specifically identified in this subsection is prohibited in this zone.

(1)

Cannabis cultivation establishments fitting the Class 1 license category under P.L. 2021, c.16, also known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act" (the "Act").[1]

(a)

Conditions.

[1]

No marijuana cultivation activity shall result in the emission of any gas, vapors, odors, smoke, dust, heat or glare that is noticeable at or beyond the property line of the establishment at which the cultivation occurs. Sufficient measures and means of preventing the escape of such substances from a retail marijuana business must be provided at all times. In the event that any gas, vapors, odors, smoke, dust, heat or glare or other substances exit a retail marijuana business, the owner of the subject premises and the licensee shall be jointly and severally liable for such conditions and shall be responsible for immediate, full cleanup and correction of such condition. The licensee shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations.

[2]

Cultivation shall only occur within a secure building.

[3]

All storage, including but not limited to that of cannabis products and wastes, shall be located within a building. Outdoor storage is prohibited.

[4]

Disposal of any wastes or other materials shall be through a private hauler. Disposed materials shall be kept within a physical building until the point that it is hauled from the site.

[5]

Signage shall comply with the signage requirements established at § 175-13.4.

[6]

The establishment shall not be engaged in retail sale, or any manufacturing, distribution, or wholesale activities except for those which are permitted by the Act or which are inherent and customary to a cultivation operation.

[7]

[8]

No pesticides or insecticides which are prohibited by applicable law for fertilization or production of edible produce shall be used in the cultivation process. A recreational cannabis cultivator shall comply with all applicable law regarding use of pesticides.

(b)

Bulk, height, and setback requirements shall be the same as the requirements in the underlying zoning.

(c)

Parking. For the purpose of calculating parking in a manner consistent with § 175-13.1B, the use shall have the same parking requirements as a warehouse use.

(d)

Energy usage. Due to the high energy demands of indoor cultivation activity, such establishment is encouraged to generate at least 50% its energy on-site using rooftop solar or other economical renewable energy source.

[1]

Editor's Note: See N.J.S.A. 24:6I-31 et seq.

§ 175-9.5 Cannabis Manufacturing Overlay Zone (CMOZ).

[Added 11-12-2024 by Ord. No. 42-2024]

Purpose.

(1)

To permit the establishment of two cannabis manufacturing establishments, as defined herein, within the City of Hackensack, through the mechanism known as overlay zoning.

(2)

Effect on underlying zoning.

(1)

As an overlay zone, the CMOZ does not replace the existing, or "underlying," zone(s).

(2)

Any person or entity that wishes to use or develop upon a property within the CMOZ shall have the option to use or develop the property in accordance with the regulations of either the CMOZ or the existing/underlying zone.

(3)

The boundaries of the CMOZ shall be coterminous with the boundaries of the Cannabis Cultivation Overlay Zone (CCOZ), as established in § 175-9.4 of the Code of the City of Hackensack, or as it may be modified from time to time.

Conditional uses. Any use that is not specifically identified in this subsection is prohibited in this zone.

(1)

Cannabis manufacturing establishments fitting the Class 2 license category under P.L. 2021, c.16, also known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act" (the "Act").[1]

(a)

Conditions.

[1]

No marijuana manufacturing activity shall result in the emission of any gas, vapors, odors, smoke, dust, heat or glare that is noticeable at or beyond the property line of the establishment at which cannabis manufacturing occurs. Sufficient measures and means of preventing the escape of such substances from the cannabis manufacturing business must be provided at all times. In the event that any gas, vapors, odors, smoke, dust, heat or glare or other substances exit the business, the owner of the subject premises and the licensee shall be jointly and severally liable for such conditions and shall be responsible for immediate, full cleanup and correction of such condition. The licensee shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations.

[2]

Cannabis manufacturing shall only occur within a secure building, including making adequate provision to maintain the security of the facility in the event of a power failure.

[3]

All storage, including but not limited to that of cannabis products and wastes, shall be located within a building. Outdoor storage is prohibited.

[4]

Disposal of any wastes or other materials shall be through a private hauler. Disposed materials shall be kept within a physical building until the point that it is hauled from the site.

[5]

Signage shall comply with the signage requirements established at § 175-13.4.

[6]

The establishment shall not be engaged in retail sale, or any cultivation, distribution, or wholesale activities except for those which are permitted by the Act or which are inherent and customary to a manufacturing operation. However, if the establishment has separately received a Class 1 Cannabis Cultivation License from the City for the same premises, both cultivation and manufacturing may take place at said premises, provided the licensee complies with all state and City requirements to perform both cultivation and manufacturing activities.

[7]

[8]

Cannabis manufacturing shall operate in compliance with all state and local noise laws and regulations. Outside generators and other mechanical equipment used for any kind of power supply, cooling or ventilation shall be enclosed and have appropriate baffles, mufflers and/or other noise-reduction systems to mitigate noise pollution.

(b)

Bulk, height, and setback requirements shall be the same as the requirements in the underlying zoning.

(c)

Parking. For the purpose of calculating parking in a manner consistent with § 175-13.1B, the use shall have the same parking requirements as a warehouse use.

(d)

Energy usage. Due to the high energy demands of manufacturing activity, such establishment is encouraged to generate at least 50% its energy on-site using rooftop solar or other economical renewable energy source.

[1]

Editor's Note: See N.J.S.A. 24:6I-31 et seq.

Hackensack City Zoning Code

Article

IX Overlay Zoning Districts

§ 175-9.1 Inclusionary Overlay Zoning Districts IO-1A, 1B, and 1C.

Purpose.

(1)

(2)

(a)

IO-1A, encompassing properties identified along Essex Street and Hudson Street south of the Downtown Rehabilitation Area;

(b)

IO-1B, encompassing properties identified along Main Street and Johnson Avenue north of the Downtown Rehabilitation Area; and

(c)

IO-1C, encompassing properties identified on the east and west sides of Railroad Avenue, west of the Downtown Rehabilitation Area and generally between Atlantic Street and Essex Street.

[1]

Editor's Note: See the IO Zone District Maps included as an attachment to this chapter.

Sole-use multifamily development, without commercial or other nonresidential principal uses;

Art gallery, studios for dancing, photography, sculpture or musical instruction or instruction in physical self-defense;

[3]

Bakery where products are sold for retail purposes only;

[4]

Bank or trust company or savings and loan institutions, except drive-in facilities;

[5]

Day care, nursery school, child-care center;

Delicatessen store;

Restaurants;

Bars;

Drugstores;

Florist shop;

Hardware stores;

Package liquor store;

[13]

Personal service establishments, including tailor, dressmakers, shoe repair, barbershop, beauty parlors, nail and hair salons, specifically excluding public garages;

[14]

Pet shops;

[15]

Professional offices, business offices, medical offices, governmental offices;

[16]

Travel agencies or offices;

[17]

Appliance stores;

[18]

Book and stationery stores;

[19]

Dry goods and variety stores;

[20]

Furniture stores/office equipment;

[21]

Hobby and craft stores;

[22]

Painting, plumbing and wallpaper stores;

[23]

Photographic equipment and supply stores;

[24]

Supermarkets.

(3)

This chapter shall not be interpreted as permitting hotels or other temporary lodging facilities as a use in any building constructed or converted to conform to this chapter section.

(4)

Accessory use. Any of the following accessory uses may be permitted within the IO-1A, 1B, and 1C Districts, only on the same lot(s) as a permitted principal use:

(1)

Accessory uses customarily incidental to a permitted principal use.

(a)

(2)

Outdoor dining in a mixed-use development;

(3)

Off-street parking and loading facilities;

(4)

Fences;

(5)

Signs.

Conditional use.

(1)

	Mixed Commercial/Residential (aka Mixed Use)	Sole-Use Multifamily Residential
Lot size (square feet)	10,000	15,000
Min. lot width (feet)	100	100
Min. front yard (feet)	No front yard required, except not closer than 12 feet from back of curb	25
Min. side yard, interior (feet)	No side yard is required; however, if a yard is provided, it shall be no less than six feet.	15
Min. side yard, secondary street (feet)	No side yard is required; however, if a yard is provided, it shall be no less than six feet.	15
Min. rear yard (feet)	15	15
Max. height (stories/feet)	4 stories/48 feet for properties in the IO-1A 5 stories/55 feet for properties in the IO-1B sub-zone	4 stories/48 feet for properties in the IO-1A 5 stories/55 feet for properties in the IO-1B sub-zone
Max. lot coverage	80%	50%
Min. lot area (square feet) per dwelling unit (aka maximum density)	871 lot s.f. per d.u., except that 792 lot s.f. per d.u. shall be permitted on lots 1/2 acre in area or larger in the IO-1B sub-zone	1,225 lot s.f. per d.u. in both the IO-1A and 1B sub-zones, except that 792 lot s.f. per d.u. on lots 1/2 acre in area or larger in the in the IO-1B sub-zone or on any lot in the IO-1C sub-zone
Min. height ratio, front	None	None
Min. height ratio, side	None	None
Min. height ratio, rear	None	None
Setbacks between buildings on the same lot	Cartway width of any internal drives/roads, plus: 20 feet where either building wall has windows to dwelling units or amenity space 10 feet where neither building wall has windows except for windows from stairwells, hallways, or other circulation areas	Cartway width of any internal drives/roads, plus: 20 feet where either building wall has windows to dwelling units or amenity space 10 feet where neither building wall has windows except for windows from stairwells, hallways, or other circulation areas

Parking (in IO-1A and 1B, and on lots east of Railroad Avenue in 1C): shall be consistent with the requirements of RSIS and supplemented by the following:

Driveway access.

Surface parking.

Parking shall be prohibited within any front yard or any side yard between a principal building and the right-of-way line of a secondary street;

(b)

(c)

Surface parking landscaping:

[1]

Surface parking areas having more than 20 parking spaces shall include one tree for every 10 parking spaces.

[a]

Fractions equal to or greater than one half resulting from this calculation shall be considered to be one tree;

[b]

Each such tree shall be located in a planting island with a minimum area of 150 square feet of pervious surface.

[2]

No more than 12 parking spaces shall be permitted between planting islands, or a planting island and a perimeter landscaped area;

[3]

[4]

For surface parking areas, a minimum four-foot planting strip shall be required between the back of sidewalk and any surface parking area and shall be planted with shrubs at four feet on center.

(3)

Structured/underground parking decks.

(a)

Parking structures including structures that are part of or attached to the principal building they serve shall not be taller than two stories above grade.

(b)

(c)

Structured parking should be concealed from rights-of-way by being located behind buildings or in the center of L-, C-, or donut-shaped buildings.

[1]

(d)

Other than at the parking entrances, vehicles within a parking structure shall not be visible from the center line of any roadway;

(e)

Pedestrian access to the parking structure shall be designed to provide safe and sufficient access to surrounding uses they are intended to serve;

(f)

All ramps shall be internal to the parking structure and shall not be visible from any roadway;

There shall be required one tree and five shrubs for every 500 square feet of buffer area and 30 linear feet of buffer area.

(c)

A solid or semi-open fence not shorter than four feet nor taller than six feet shall be erected along the property line.

[1]

[2]

Use of a solid fence over a semi-open fence shall reduce the required buffer area shrub density to two shrubs per 500 square feet of buffer area.

Streetscape requirements. Any development within the IO-1A or 1B sub-zones, or in the IO-1C sub-zone east of Railroad Avenue, shall be subject to the following streetscape standards:

(1)

Street trees: street trees shall be planted at 30 feet - zero inch on-center.

(2)

Minimum sidewalk width. The minimum sidewalk width shall be six feet - zero inch.

(3)

Streetlights. All streetlights shall be the City of Hackensack standard pedestrian-scale light pole and fixture (Granville light).

(1)

Building access (pedestrians).

Building materials and architectural standards. The following shall apply to both mixed-use and sole-use residential buildings.

(a)

Horizontal articulation:

[1]

[a]

For buildings in excess of 120 feet in length, a vertical demarcation should be included at a minimum of every 60 feet of building façade.

Roofline emphasis.

Canopies/awnings.

Canopies/awnings should be comprised of rigid materials and should be horizontal in nature;

[a]

[b]

Ground supports for projecting features may not obstruct or interfere with pedestrian or vehicular movement.

Balconies.

Building materials.

Building materials may include: brick, stone, cast stone, stucco, metal and glass storefront assemblies, wood and fiber cement siding;

[2]

Vinyl siding of any type and grade is strictly prohibited on any portion of any building facade;

[3]

First levels should be designed using different material than the levels above.

Ground floor design.

In a mixed commercial/residential building where the ground story is occupied by a commercial use, the ground story shall have a minimum fourteen-foot floor-to-ceiling height.

(g)

Building entrances.

[1]

All pedestrian building entrances from the street should create architectural interest and variation from other portions of the building by incorporating at least three of the following:

[a]

Changes in building plane through recesses and/or projections (including columns, projecting bays, porches, stoops) not projecting more than two feet into the required setback;

[b]

Canopies, awnings, arcades, galleries, or other overhangs;

[c]

Tower elements;

[d]

Architectural embellishments;

[e]

Changes in building material, color, and/or texture; or

[f]

Other design elements that add visual interest as determined by the City.

(h)

Building entrances shall be clearly visible from the street and easily identifiable. They should feature large, open and transparent windows with unique and interesting signage.

[1]

Where the residential and commercial entrances to a mixed-use building are on the same street frontage, the commercial/storefront entrance(s) should be the most visually prominent of the two;

[2]

Operable windows are encouraged.

(3)

Commercial storefronts should express individual identity and positioning, provided they observe the minimum guidelines noted below:

(a)

Storefronts should be "individual" expressions of a tenant's identity;

(b)

Tenants' storefront construction should be of high quality and craftsmanship;

(c)

Any restaurant use is encouraged to provide outdoor seating;

(d)

In locations adjacent to a public plaza, permanent shade structures for outdoor dining are encouraged;

(e)

A minimum five-foot clearance area for pedestrian access along a storefront is required.

(4)

Receptacles. Any mixed use/commercial development within the IO-1A, 1B, or 1C sub-zones shall be subject to the following standards for commercial establishments:

(a)

(5)

Building fenestration. Except as otherwise specified, this section shall apply to both mixed commercial/residential and sole-use multifamily buildings.

(a)

Windows, generally.

[1]

Where expanses of windowless walls are necessary facing a street, they shall not exceed 30 feet in length;

[2]

Windows on upper stories should align vertically from floor to floor and the pattern of window openings should relate to a building's vertical bay pattern;

[3]

Upper-story windows should be vertically proportioned. Windows may be clustered in pairs and triples to create larger, horizontally proportioned expanses of windows;

[4]

All windows should have dimensionality so as to create shadows and texture within the building façade.

[a]

At a minimum, all windows should have deep headers and sills; in addition, trim on all sides that projects from the building facade is encouraged;

[b]

Window glazing should be recessed relative to the surrounding enframement. If divided lintels are used, they should include external members that cast shadows on the glass.

(b)

Storefront windows (mixed commercial/residential buildings).

[1]

[a]

Window signage shall not cover more than 20% of the window area;

[b]

(6)

Mechanical equipment screening. The following shall apply to mechanical equipment or utility structures either attached to buildings, freestanding on lots, or located below grade:

(a)

The screening of rooftop mechanical equipment is required.

[1]

[2]

Screening materials shall be consistent with the architectural detail, color and materials of the building;

[3]

Wire mesh screening is not permitted;

[4]

(b)

Any wall pack ventilation unit facing a public street must match the adjacent material color;

(c)

Utility structures, exhaust air vents, backflow preventers, or other similar devices, when located above grade, must be located behind the setback line and be reasonably screened from public view;

(d)

Utility structures located below grade may be located within the setbacks.

§ 175-9.2 Professional Office Overlay District.

Requirements of underlaying zone.

(1)

All regulations and requirements of each existing (underlaying) zoning district shall continue to apply to all permitted, accessory and conditional uses.

(2)

The conversion only of an existing one- or two-family dwelling to professional office use shall be permitted as a conditional use.

(3)

(4)

In addition, on-site off-street parking shall also be provided as required herein.

Signs for each professional offices in any R District shall be subject to the provisions of § 175-13.4. Signs for each such professional in any R District shall not exceed two square feet.

§ 175-9.3 Cannabis Retail Overlay Zone (CROZ).

Purpose.

(1)

To permit the establishment of one cannabis retail establishment, as defined herein, within the City of Hackensack, through the mechanism known as overlay zoning.

(2)

To establish appropriate controls for such establishment so as to protect and promote public safety and quality of life for persons residing and businesses existing in proximity to the establishment.

Effect on underlying zoning.

(1)

As an overlay zone, the CROZ does not replace the existing, or "underlying," zone(s).

(2)

Conditional uses. Any use that is not specifically identified in this subsection is prohibited in this zone.

(1)

(a)

Conditions.

[1]

Any and all storage associated with the establishment, including refuse and other solid wastes, shall be stored in a building in a secure fashion.

[2]

Refuse and solid waste shall be collected off of the property by a private hauler.

[3]

Signage.

[a]

Shall not include imagery of or representing a marijuana leaf.

[b]

Shall otherwise comply with the signage requirements established at § 175-13.4.

[4]

[5]

Marijuana or cannabis consumption shall be prohibited on the premises.

[6]

No retail cannabis or cannabis paraphernalia shall be displayed in any storefront window.

[7]

The establishment shall not be engaged in growing (cultivating), manufacturing, business to business distribution, wholesale, or delivery to consumer operations from the facility.

[8]

(2)

Bulk, height, and setback requirements shall be the same as the requirements for commercial uses in the underlying zoning.

(3)

For the purpose of calculating parking in a manner consistent with Article XIII, the use shall have a parking requirement of four parking spaces per 1,000 square feet of gross leasable area.

(4)

The establishment shall comply with the Act and with any regulations established and enforced by the Cannabis Regulatory Commission of New Jersey as well as any other lawful authority.

§ 175-9.4 Cannabis Cultivation Overlay Zone (CCOZ).

Purpose.

[Amended 5-24-2022 by Ord. No. 20-2022]

(1)

To permit the establishment of two cannabis cultivation establishments, as defined herein, within the City of Hackensack, through the mechanism known as overlay zoning.

(2)

Effect on underlying zoning.

(1)

As an overlay zone, the CCOZ does not replace the existing, or "underlying," zone(s).

(2)

Conditional uses. Any use that is not specifically identified in this subsection is prohibited in this zone.

Conditions.

Cultivation shall only occur within a secure building.

[3]

All storage, including but not limited to that of cannabis products and wastes, shall be located within a building. Outdoor storage is prohibited.

[4]

Disposal of any wastes or other materials shall be through a private hauler. Disposed materials shall be kept within a physical building until the point that it is hauled from the site.

[5]

Signage shall comply with the signage requirements established at § 175-13.4.

Bulk, height, and setback requirements shall be the same as the requirements in the underlying zoning.

(c)

Parking. For the purpose of calculating parking in a manner consistent with § 175-13.1B, the use shall have the same parking requirements as a warehouse use.

(d)

[1]

Editor's Note: See N.J.S.A. 24:6I-31 et seq.

§ 175-9.5 Cannabis Manufacturing Overlay Zone (CMOZ).

[Added 11-12-2024 by Ord. No. 42-2024]

Purpose.

(1)

To permit the establishment of two cannabis manufacturing establishments, as defined herein, within the City of Hackensack, through the mechanism known as overlay zoning.

(2)

Effect on underlying zoning.

(1)

As an overlay zone, the CMOZ does not replace the existing, or "underlying," zone(s).

(2)

(3)

Conditional uses. Any use that is not specifically identified in this subsection is prohibited in this zone.

Conditions.

Cannabis manufacturing shall only occur within a secure building, including making adequate provision to maintain the security of the facility in the event of a power failure.

[3]

All storage, including but not limited to that of cannabis products and wastes, shall be located within a building. Outdoor storage is prohibited.

[4]

Disposal of any wastes or other materials shall be through a private hauler. Disposed materials shall be kept within a physical building until the point that it is hauled from the site.

[5]

Signage shall comply with the signage requirements established at § 175-13.4.

Bulk, height, and setback requirements shall be the same as the requirements in the underlying zoning.

(c)

Parking. For the purpose of calculating parking in a manner consistent with § 175-13.1B, the use shall have the same parking requirements as a warehouse use.

(d)

[1]

Editor's Note: See N.J.S.A. 24:6I-31 et seq.

Hackensack City Zoning Code

Article

IX Overlay Zoning Districts

§ 175-9.1 Inclusionary Overlay Zoning Districts IO-1A, 1B, and 1C.

Purpose.

(1)

(2)

(a)

IO-1A, encompassing properties identified along Essex Street and Hudson Street south of the Downtown Rehabilitation Area;

(b)

IO-1B, encompassing properties identified along Main Street and Johnson Avenue north of the Downtown Rehabilitation Area; and

(c)

IO-1C, encompassing properties identified on the east and west sides of Railroad Avenue, west of the Downtown Rehabilitation Area and generally between Atlantic Street and Essex Street.

[1]

Editor's Note: See the IO Zone District Maps included as an attachment to this chapter.

Sole-use multifamily development, without commercial or other nonresidential principal uses;

Art gallery, studios for dancing, photography, sculpture or musical instruction or instruction in physical self-defense;

[3]

Bakery where products are sold for retail purposes only;

[4]

Bank or trust company or savings and loan institutions, except drive-in facilities;

[5]

Day care, nursery school, child-care center;

Delicatessen store;

Restaurants;

Bars;

Drugstores;

Florist shop;

Hardware stores;

Package liquor store;

[13]

Personal service establishments, including tailor, dressmakers, shoe repair, barbershop, beauty parlors, nail and hair salons, specifically excluding public garages;

[14]

Pet shops;

[15]

Professional offices, business offices, medical offices, governmental offices;

[16]

Travel agencies or offices;

[17]

Appliance stores;

[18]

Book and stationery stores;

[19]

Dry goods and variety stores;

[20]

Furniture stores/office equipment;

[21]

Hobby and craft stores;

[22]

Painting, plumbing and wallpaper stores;

[23]

Photographic equipment and supply stores;

[24]

Supermarkets.

(3)

This chapter shall not be interpreted as permitting hotels or other temporary lodging facilities as a use in any building constructed or converted to conform to this chapter section.

(4)

Accessory use. Any of the following accessory uses may be permitted within the IO-1A, 1B, and 1C Districts, only on the same lot(s) as a permitted principal use:

(1)

Accessory uses customarily incidental to a permitted principal use.

(a)

(2)

Outdoor dining in a mixed-use development;

(3)

Off-street parking and loading facilities;

(4)

Fences;

(5)

Signs.

Conditional use.

(1)

	Mixed Commercial/Residential (aka Mixed Use)	Sole-Use Multifamily Residential
Lot size (square feet)	10,000	15,000
Min. lot width (feet)	100	100
Min. front yard (feet)	No front yard required, except not closer than 12 feet from back of curb	25
Min. side yard, interior (feet)	No side yard is required; however, if a yard is provided, it shall be no less than six feet.	15
Min. side yard, secondary street (feet)	No side yard is required; however, if a yard is provided, it shall be no less than six feet.	15
Min. rear yard (feet)	15	15
Max. height (stories/feet)	4 stories/48 feet for properties in the IO-1A 5 stories/55 feet for properties in the IO-1B sub-zone	4 stories/48 feet for properties in the IO-1A 5 stories/55 feet for properties in the IO-1B sub-zone
Max. lot coverage	80%	50%
Min. lot area (square feet) per dwelling unit (aka maximum density)	871 lot s.f. per d.u., except that 792 lot s.f. per d.u. shall be permitted on lots 1/2 acre in area or larger in the IO-1B sub-zone	1,225 lot s.f. per d.u. in both the IO-1A and 1B sub-zones, except that 792 lot s.f. per d.u. on lots 1/2 acre in area or larger in the in the IO-1B sub-zone or on any lot in the IO-1C sub-zone
Min. height ratio, front	None	None
Min. height ratio, side	None	None
Min. height ratio, rear	None	None
Setbacks between buildings on the same lot	Cartway width of any internal drives/roads, plus: 20 feet where either building wall has windows to dwelling units or amenity space 10 feet where neither building wall has windows except for windows from stairwells, hallways, or other circulation areas	Cartway width of any internal drives/roads, plus: 20 feet where either building wall has windows to dwelling units or amenity space 10 feet where neither building wall has windows except for windows from stairwells, hallways, or other circulation areas

Parking (in IO-1A and 1B, and on lots east of Railroad Avenue in 1C): shall be consistent with the requirements of RSIS and supplemented by the following:

Driveway access.

Surface parking.

Parking shall be prohibited within any front yard or any side yard between a principal building and the right-of-way line of a secondary street;

(b)

(c)

Surface parking landscaping:

[1]

Surface parking areas having more than 20 parking spaces shall include one tree for every 10 parking spaces.

[a]

Fractions equal to or greater than one half resulting from this calculation shall be considered to be one tree;

[b]

Each such tree shall be located in a planting island with a minimum area of 150 square feet of pervious surface.

[2]

No more than 12 parking spaces shall be permitted between planting islands, or a planting island and a perimeter landscaped area;

[3]

[4]

For surface parking areas, a minimum four-foot planting strip shall be required between the back of sidewalk and any surface parking area and shall be planted with shrubs at four feet on center.

(3)

Structured/underground parking decks.

(a)

Parking structures including structures that are part of or attached to the principal building they serve shall not be taller than two stories above grade.

(b)

(c)

Structured parking should be concealed from rights-of-way by being located behind buildings or in the center of L-, C-, or donut-shaped buildings.

[1]

(d)

Other than at the parking entrances, vehicles within a parking structure shall not be visible from the center line of any roadway;

(e)

Pedestrian access to the parking structure shall be designed to provide safe and sufficient access to surrounding uses they are intended to serve;

(f)

All ramps shall be internal to the parking structure and shall not be visible from any roadway;

There shall be required one tree and five shrubs for every 500 square feet of buffer area and 30 linear feet of buffer area.

(c)

A solid or semi-open fence not shorter than four feet nor taller than six feet shall be erected along the property line.

[1]

[2]

Use of a solid fence over a semi-open fence shall reduce the required buffer area shrub density to two shrubs per 500 square feet of buffer area.

Streetscape requirements. Any development within the IO-1A or 1B sub-zones, or in the IO-1C sub-zone east of Railroad Avenue, shall be subject to the following streetscape standards:

(1)

Street trees: street trees shall be planted at 30 feet - zero inch on-center.

(2)

Minimum sidewalk width. The minimum sidewalk width shall be six feet - zero inch.

(3)

Streetlights. All streetlights shall be the City of Hackensack standard pedestrian-scale light pole and fixture (Granville light).

(1)

Building access (pedestrians).

Building materials and architectural standards. The following shall apply to both mixed-use and sole-use residential buildings.

(a)

Horizontal articulation:

[1]

[a]

For buildings in excess of 120 feet in length, a vertical demarcation should be included at a minimum of every 60 feet of building façade.

Roofline emphasis.

Canopies/awnings.

Canopies/awnings should be comprised of rigid materials and should be horizontal in nature;

[a]

[b]

Ground supports for projecting features may not obstruct or interfere with pedestrian or vehicular movement.

Balconies.

Building materials.

Building materials may include: brick, stone, cast stone, stucco, metal and glass storefront assemblies, wood and fiber cement siding;

[2]

Vinyl siding of any type and grade is strictly prohibited on any portion of any building facade;

[3]

First levels should be designed using different material than the levels above.

Ground floor design.

In a mixed commercial/residential building where the ground story is occupied by a commercial use, the ground story shall have a minimum fourteen-foot floor-to-ceiling height.

(g)

Building entrances.

[1]

All pedestrian building entrances from the street should create architectural interest and variation from other portions of the building by incorporating at least three of the following:

[a]

Changes in building plane through recesses and/or projections (including columns, projecting bays, porches, stoops) not projecting more than two feet into the required setback;

[b]

Canopies, awnings, arcades, galleries, or other overhangs;

[c]

Tower elements;

[d]

Architectural embellishments;

[e]

Changes in building material, color, and/or texture; or

[f]

Other design elements that add visual interest as determined by the City.

(h)

Building entrances shall be clearly visible from the street and easily identifiable. They should feature large, open and transparent windows with unique and interesting signage.

[1]

Where the residential and commercial entrances to a mixed-use building are on the same street frontage, the commercial/storefront entrance(s) should be the most visually prominent of the two;

[2]

Operable windows are encouraged.

(3)

Commercial storefronts should express individual identity and positioning, provided they observe the minimum guidelines noted below:

(a)

Storefronts should be "individual" expressions of a tenant's identity;

(b)

Tenants' storefront construction should be of high quality and craftsmanship;

(c)

Any restaurant use is encouraged to provide outdoor seating;

(d)

In locations adjacent to a public plaza, permanent shade structures for outdoor dining are encouraged;

(e)

A minimum five-foot clearance area for pedestrian access along a storefront is required.

(4)

Receptacles. Any mixed use/commercial development within the IO-1A, 1B, or 1C sub-zones shall be subject to the following standards for commercial establishments:

(a)

(5)

Building fenestration. Except as otherwise specified, this section shall apply to both mixed commercial/residential and sole-use multifamily buildings.

(a)

Windows, generally.

[1]

Where expanses of windowless walls are necessary facing a street, they shall not exceed 30 feet in length;

[2]

Windows on upper stories should align vertically from floor to floor and the pattern of window openings should relate to a building's vertical bay pattern;

[3]

Upper-story windows should be vertically proportioned. Windows may be clustered in pairs and triples to create larger, horizontally proportioned expanses of windows;

[4]

All windows should have dimensionality so as to create shadows and texture within the building façade.

[a]

At a minimum, all windows should have deep headers and sills; in addition, trim on all sides that projects from the building facade is encouraged;

[b]

Window glazing should be recessed relative to the surrounding enframement. If divided lintels are used, they should include external members that cast shadows on the glass.

(b)

Storefront windows (mixed commercial/residential buildings).

[1]

[a]

Window signage shall not cover more than 20% of the window area;

[b]

(6)

Mechanical equipment screening. The following shall apply to mechanical equipment or utility structures either attached to buildings, freestanding on lots, or located below grade:

(a)

The screening of rooftop mechanical equipment is required.

[1]

[2]

Screening materials shall be consistent with the architectural detail, color and materials of the building;

[3]

Wire mesh screening is not permitted;

[4]

(b)

Any wall pack ventilation unit facing a public street must match the adjacent material color;

(c)

Utility structures, exhaust air vents, backflow preventers, or other similar devices, when located above grade, must be located behind the setback line and be reasonably screened from public view;

(d)

Utility structures located below grade may be located within the setbacks.

§ 175-9.2 Professional Office Overlay District.

Requirements of underlaying zone.

(1)

All regulations and requirements of each existing (underlaying) zoning district shall continue to apply to all permitted, accessory and conditional uses.

(2)

The conversion only of an existing one- or two-family dwelling to professional office use shall be permitted as a conditional use.

(3)

(4)

In addition, on-site off-street parking shall also be provided as required herein.

Signs for each professional offices in any R District shall be subject to the provisions of § 175-13.4. Signs for each such professional in any R District shall not exceed two square feet.

§ 175-9.3 Cannabis Retail Overlay Zone (CROZ).

Purpose.

(1)

To permit the establishment of one cannabis retail establishment, as defined herein, within the City of Hackensack, through the mechanism known as overlay zoning.

(2)

To establish appropriate controls for such establishment so as to protect and promote public safety and quality of life for persons residing and businesses existing in proximity to the establishment.

Effect on underlying zoning.

(1)

As an overlay zone, the CROZ does not replace the existing, or "underlying," zone(s).

(2)

Conditional uses. Any use that is not specifically identified in this subsection is prohibited in this zone.

(1)

(a)

Conditions.

[1]

Any and all storage associated with the establishment, including refuse and other solid wastes, shall be stored in a building in a secure fashion.

[2]

Refuse and solid waste shall be collected off of the property by a private hauler.

[3]

Signage.

[a]

Shall not include imagery of or representing a marijuana leaf.

[b]

Shall otherwise comply with the signage requirements established at § 175-13.4.

[4]

[5]

Marijuana or cannabis consumption shall be prohibited on the premises.

[6]

No retail cannabis or cannabis paraphernalia shall be displayed in any storefront window.

[7]

The establishment shall not be engaged in growing (cultivating), manufacturing, business to business distribution, wholesale, or delivery to consumer operations from the facility.

[8]

(2)

Bulk, height, and setback requirements shall be the same as the requirements for commercial uses in the underlying zoning.

(3)

For the purpose of calculating parking in a manner consistent with Article XIII, the use shall have a parking requirement of four parking spaces per 1,000 square feet of gross leasable area.

(4)

The establishment shall comply with the Act and with any regulations established and enforced by the Cannabis Regulatory Commission of New Jersey as well as any other lawful authority.

§ 175-9.4 Cannabis Cultivation Overlay Zone (CCOZ).

Purpose.

[Amended 5-24-2022 by Ord. No. 20-2022]

(1)

To permit the establishment of two cannabis cultivation establishments, as defined herein, within the City of Hackensack, through the mechanism known as overlay zoning.

(2)

Effect on underlying zoning.

(1)

As an overlay zone, the CCOZ does not replace the existing, or "underlying," zone(s).

(2)

Conditional uses. Any use that is not specifically identified in this subsection is prohibited in this zone.

Conditions.

Cultivation shall only occur within a secure building.

[3]

All storage, including but not limited to that of cannabis products and wastes, shall be located within a building. Outdoor storage is prohibited.

[4]

Disposal of any wastes or other materials shall be through a private hauler. Disposed materials shall be kept within a physical building until the point that it is hauled from the site.

[5]

Signage shall comply with the signage requirements established at § 175-13.4.

Bulk, height, and setback requirements shall be the same as the requirements in the underlying zoning.

(c)

Parking. For the purpose of calculating parking in a manner consistent with § 175-13.1B, the use shall have the same parking requirements as a warehouse use.

(d)

[1]

Editor's Note: See N.J.S.A. 24:6I-31 et seq.

§ 175-9.5 Cannabis Manufacturing Overlay Zone (CMOZ).

[Added 11-12-2024 by Ord. No. 42-2024]

Purpose.

(1)

To permit the establishment of two cannabis manufacturing establishments, as defined herein, within the City of Hackensack, through the mechanism known as overlay zoning.

(2)

Effect on underlying zoning.

(1)

As an overlay zone, the CMOZ does not replace the existing, or "underlying," zone(s).

(2)

(3)

Conditional uses. Any use that is not specifically identified in this subsection is prohibited in this zone.

Conditions.

Cannabis manufacturing shall only occur within a secure building, including making adequate provision to maintain the security of the facility in the event of a power failure.

[3]

All storage, including but not limited to that of cannabis products and wastes, shall be located within a building. Outdoor storage is prohibited.

[4]

Disposal of any wastes or other materials shall be through a private hauler. Disposed materials shall be kept within a physical building until the point that it is hauled from the site.

[5]

Signage shall comply with the signage requirements established at § 175-13.4.

Bulk, height, and setback requirements shall be the same as the requirements in the underlying zoning.

(c)

Parking. For the purpose of calculating parking in a manner consistent with § 175-13.1B, the use shall have the same parking requirements as a warehouse use.

(d)

[1]

Editor's Note: See N.J.S.A. 24:6I-31 et seq.